TM Crossing Office Building (No. 6) CZC, DES, ALT A-2020-0081CERTIFICATE OF ZONING COMPLIANCE
REPORT
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DATE: November 3, 2020
TO: Rob Sunderlage, Horrocks Engineers
FROM: Stacy Hersh, Current Assistant Planner
SUBJECT: TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC (A-2020-0081)
OWNER: DWT Investments, LLC
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Rob Sunderlage, requests Certificate of Zoning Compliance (CZC),
Administrative Design Review (DES), and Alternative Compliance (ALT) approval to construct
a 4-story 96,496 square foot office building on 6.193 acres of land in the C-G zoning district.
The site is located at 2740 W. Navigator Drive.
ALTERNATIVE COMPLIANCE REQUEST
The applicant is requesting alternative compliance to the standards set forth in UDC 11-3B-
8C.2.b. and UDC 11-3B-8C.2.d. (Parking Lot Landscaping) that requires that no linear grouping
of parking spaces shall exceed twelve (12) in a row, without an internal planter island. In
addition, each interior planter that serves a double row of parking spaces shall have at least two
(2) trees and shall be covered with low shrubs, lawn, or other vegetative ground cover. Per this
standard, five (4) parking lot islands are required with twelve (12) trees.
1. The applicant is proposing eight (8) diamond islands in lieu of the traditional parking lot
islands located northeast and east of the building in the parking lot. With the traditional
parking lot islands spaced every twelve (12) parking stalls, only eight (8) trees would be
required and four (4) parking lot islands. This proposal provides eight (8) parking lot
diamonds and eight (8) trees. The additional shade trees will further soften and mitigate
the visual effect of the parking lot and reduce summer heat. In addition, the oversized
cap islands will provide more than the required amount of landscaping.
2. The applicant is missing four (4) trees in four of the parking lot planters that serve a
double row of parking stalls on the west side of the parking lot. An additional 450+
various shrubs, annual/perennials, and ornamental grasses are to be planted throughout
the parking lot islands and in the planters next to the building.
After reviewing the applicant's request, staff finds the proposal meets the intent of the Unified
Development Code. Therefore, the proposed site design is approved.
FINDINGS FOR ALTERNATIVE COMPLIANCE REQUEST TO UDC-3B-8C.2.B.:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
Conditions Document 1 TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC - A-2020-0081
Strict adherence to the UDC requirement for parking spaces not to exceed twelve (12)
parking stalls in a row without an internal planer island is feasible but not desirable for
the applicant's parking lot design.
Strict adherence to the UDC requirement for each interior planter that serves a double
row of parking spaces shall have at least two (2) trees and shall be covered with low
shrubs, lawn, or other vegetative ground cover is feasible but not desirable for the
applicant due to the quantity of trees already provided along W. Navigator Street and S.
Sentinel Lane with the subdivision improvements. The applicant feels that by adding
more shrubs, annuals/perennials, and ornamental grasses throughout the parking lot
planters and next to the building, will create a much more attractive/balanced
appearance to the overall site.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the Applicant's proposed alternative compliance provides an equal
means of compliance with this requirement.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative will not be detrimental to the public
welfare or impair the intended use/character of the surrounding properties.
DECISION
The applicant's request for Certificate of Zoning Compliance, Administrative Design Review,
and Alternative Compliance are approved with the conditions listed in this report.
Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to
verify if you need a building permit and/or inspection. If you do need a building permit, you
must complete that process before you commence the use or construction. Please contact
Building Services for additional details about building permits and inspections.
General Conditions of Approval
100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All
street lights shall be installed at developer's expense. Final design shall be submitted as
part of the development plan set for approval. Applicant shall also include the location
of any existing street lights in the development plan set. Street lighting is required at
intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in
the Standards. The contractor's work and materials shall conform to the ISPWC and the
City of Meridian Supplemental Specifications to the ISPWC.
➢ Streetlights shall be installed with the subdivision improvements. Streetlights will need to
be installed and operational prior to occupancy. Streetlight plan requirements are listed in
section 6-7 of the City's Design Standards. A copy of the standards can be found at,
https://meridiancity.org/Iand/Design%2OStandards %20-
%2000M%20Adopted%20Final 5-19-16%20-%20CM.pdf
Site Conditions of Approval
Business hours of operation within the C-G zoning district shall be limited from 6 am to
11 pm when the property abuts a residential use or district as set forth in UDC 11-213-
3A4.
Conditions Document 2 TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC - A-2020-0081
2. All ground -level mechanical equipment must be screened to the height of the unit
as viewed from the property line; all rooftop mechanical equipment must be
screened as viewed from the farthest edge of the adjoining right-of-way.
Process Conditions of Approval
1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative
compliance regarding parking spaces and the maximum building height, UDC 11-3B-8
and UDC 11-2B-3.
2. Prior to building permit submittal, a property boundary adjustment between 2740,
2700 W. Navigator Drive and parcel S1214314965 shall be submitted to the
Planning Department in accord with UDC 11-6B-8. The property boundary
adjustment shall be recorded prior to issuance of Certificate of Occupancy.
3. No signs are approved with this application. Prior to installing any signs on the property,
the applicant shall submit a sign permit application consistent with the standards in
UDC Chapter 3 Article D and receive approval for such signs.
4. The applicant shall complete all improvements related to public life, safety, and health
as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other
improvements in accord with UDC 11-5C-3C.
5. Upon installation of the landscaping and prior to inspection by Planning Division staff,
the applicant shall provide a written certificate of completion as set forth in UDC 1I-
3B-14A.
6. The site plan prepared by Horrocks Engineers on March 30, 2020, labeled I and A011,
are approved by the City of Meridian Planning Division as shown in Exhibit B with the
following conditions:
➢ Per UDC 11-2B-3 (Standards), additional height not to exceed twenty percent (20%)
of the maximum height allowed for the district may be approved by the Director
through the alternative compliance procedures set forth in chapter 5,
"Administration", of this title. Additional height shall be allowed when the
development provides ten percent (10%) of the building square feet in open space,
courtyards, patios, or other usable outdoor space available for the employees and/or
patrons of the structure, excluding required setbacks and landscape buffers. The
required changes shall be approved by the Planning Division prior to submitting for a
building permit application.
7. The landscape plan prepared by Baer Design Group, LLC on July 6, 2020 and March
30, 2020, labeled L1.0 and L1.1, are approved by the City of Meridian Planning
Division as shown in Exhibit C with the following conditions:
➢ Per the Development Agreement #114002254, Brighton Corporation will be
responsible for completing the landscape improvements along W. Navigator Drive, S.
Sentinel Lane, and W. Excursion Lane with the TM Crossing Subdivision No. 2 final
plat improvements prior to Certificate of Occupancy.
8. The elevations prepared by Cushing Terrell on April 6, 2020, labeled A-01, are
approved by the City of Meridian Planning Division as shown in Exhibit D.
9. The approved site plan, landscape plan and/or elevations may not be altered without
prior written approval of the City of Meridian Planning Division.
10. The applicant shall pay any applicable impact fees prior to the issuance of a building
permit.
11. If any changes must be made to the site plan to accommodate ACHD requirements, the
applicant shall submit a new site plan to the City of Meridian Planning Division for
approval prior to issuance of the building permit.
Conditions Document 3 TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC - A-2020-0081
12. The applicant shall complete all required improvements prior to issuance of a Certificate
of Occupancy. It is unlawful to use or occupy any building or structure until the
Building Official has issued a Certificate of Occupancy.
13. The City of Meridian requires that the owner enter into a Warranty Surety Agreement
and post a Warranty Surety in the amount of 20% of the total construction cost for all
completed public sewer and water infrastructure for a duration of two years. This surety
amount will be verified by a line item final cost invoicing provided by the owner to the
City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit
or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an
application for surety, which can be found on the Community Development Department
website. Please contact Land Development Services for more information at 208-887-
2211.
Ongoing Conditions of Approval
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation
that meets the standards as set forth in UDC 11-313-6 and to install and maintain all
landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The applicant shall comply with the outdoor storage as an accessory use standards as set
forth in UDC 11-3A-14.
3. The project is subject to all current City of Meridian ordinances and previous conditions
of approval associated with this site (CPAM- 12-00 1; AZ-12-005, DA #114002254; PP-
12-003; MDA #2016-062220; FP H-2017-0110; MDA #2017-051907).
4. The issuance of this CZC does not release the applicant from any previous requirements
of the other permits issued for the site.
5. The applicant and/or property owner shall have an ongoing obligation to prune all trees
to a minimum height of six feet above the ground or sidewalk surface to afford greater
visibility of the area.
6. The applicant shall have an ongoing obligation to maintain all pathways.
7. The applicant has a continuing obligation to comply with the outdoor lighting provisions
as set forth in UDC 11-3A-11.
8. The applicant and/or property owner shall have an ongoing obligation to maintain all
landscaping and constructed features within the clear vision triangle consistent with the
standards in UDC 11-3A-3.
CITY COUNCIL REVIEW
The applicant or a party of record may request City Council review of a decision of the
Director. All requests for review shall be filed in writing with the Planning Division on or
before November 18, 2020, within fifteen (15) days after the written decision is issued, and
contain the information listed in UDC 11-5A-6B.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
EXPIRATION
The Certificate of Zoning Compliance shall expire if the construction, alteration or the use has
not commenced within one year of the date of issuance of the Certificate of Zoning
Compliance.
Conditions Document 4 TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC - A-2020-0081
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
November 3, 2021.
EXHIBITS
A: Vicinity Map
B: Site Plan (dated: March 30, 2020)
C: Landscape Plan (dated: July 6, 2020 & March 30, 2020)
D: Elevations (dated: April 6, 2020)
Conditions Document 5 TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC - A-2020-0081
Exhibit A: Vicinity Map
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Conditions Document 6 TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC - A-2020-0081
Exhibit B: Site Plan (dated: March 30, 2020)
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Conditions Document 7 TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC - A-2020-0081
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Exhibit D: Elevations (dated: April 6, 2020)
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Conditions Document 9 TM Crossing Office Bldg. (No. 6) - ALT, DES, CZC - A-2020-0081