TM Creek Flex Building #1 CZC A-2021-0161
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DATE: 8/31/2021
TO: Jackson Cleverley
BVA Development LLC
FROM: Stacy Hersh, Assistant Planner
208-884-5533
SUBJECT: A-2021-0161
TM Creek Flex Building #1 CZC
LOCATION: SEC 14 3N 1W (Parcel S1214121134)
I. PROJECT DESCRIPTION
The applicant, Jackson Cleverly, requests Certificate of Zoning Compliance (CZC) approval to
construct a 2-story 32,410 square foot flex space building on 12.20 acres of land in the C-G zoning
district.
NOTE: The proposed building elevations, site plan, and landscape plan for the TM Creek Flex
Building #1 were reviewed and preliminarily approved by the Ten Mile Crossing Design
Review Board. The project was found to be compliant with the TMC Design Guidelines;
therefore, an Administrative Design Review is not required from the Planning Division for this
project. The Ten Mile Crossing Design Review Board preliminary approval is attached as
shown in Exhibit C.
II. DECISION
The applicant's request for Certificate of Zoning Compliance is 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.
Site Specific Conditions of Approval
1. 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 11-2B-3A4.
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.
CERTIFICATE OF ZONING
COMPLIANCE REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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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 11-3B-14A.
6. The site plan prepared by Ball Ventures Ahlquist on June 25, 2021, labeled E01, is approved by
the City of Meridian Planning Division as shown in Exhibit A with the following conditions:
The applicant shall provide Republic Services approval of the details and location of the
trash enclosure and access drive prior to applying for building permits.
A detail of the trash enclosure shall be included with the plans submitted with the
building permit application.
7. The landscape plan prepared by Baer Design Group, LLC on June 25, 2021, labeled L1.0 AND
l1.1 Plan are approved by the City of Meridian Planning Division as shown in Exhibit B.
8. The elevations prepared by Cushing Terrell on June 8, 2021 and the letter from The Ten Mile
Design Review Board on June 29, 2021, labeled A01 and A011, are approved by the City of
Meridian Planning Division as shown in Exhibit C.
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.
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. Per the Development Agreement (2021-089157), the subject property shall be subdivided
prior to issuance of any Certificate of Occupancies for the site.
14. If the subject property is part of a final plat that has not yet recorded, the applicant shall be
responsible for all plat improvements prior to release of Certificate of Occupancy for the
first structure within such plat.
15. Prior to Certificate of Occupancy, the applicant shall record a cross-access/ingress-egress
easement between all non-residential lots located within the TM Frontline Subdivision via a
note on the plat or a separate agreement in accord with the provisions of UDC 11-3A-3A2.
16. 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.
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General 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 11-3B-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 project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (H-2020-0074, DA #2021-089157).
3. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
4. 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.
5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
6. 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.
III. 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 September 15,
2021, 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.
IV. 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.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
August 31, 2022.
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V. EXHIBITS
A. Site Plan (date: 6/25/2021)
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B. Landscape Plan (date: 6/25/2021)
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C. Building Elevations (date: 6/15/2021)
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