TM Creek Apartments CZC, DES A-2021-0178CERTIFICATE OF ZONING
COMPLIANCE REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 10/25/2021
TO: Brighton Development Inc.
FROM: Stacy Hersh, Assistant Planner
208-884-5533
SUBJECT: A-2021-0178
TM Creek Apartments
LOCATION: 194 S. Wayfinder Ave.
I. PROJECT DESCRIPTION
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Certificate of Zoning Compliance for a multi -family development consisting of a total of 238
apartment units [(42) studio, (120) 1-bedroom, (74) 2-bedroom and (2) live/work] and a clubhouse on
7.83 acres of land in the C-G zoning district; and Design Review of the proposed structures.
II. DECISION
The applicant's request for Certificate of Zoning Compliance are Design Review 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/ror 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. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
2. All transformer and utility vaults and other service areas shall be located in an area not
visible from a public street, or shall be fully screened from view from a public street in
accord with UDC 11-4-3-27B.2.
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.
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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 11-313-14A.
6. The site plan prepared by CK Engineering on Septemberl 5,202 1, labeled C2.0 and the
dimensioned C2.0, are approved by the City of Meridian Planning Division as shown in Exhibit
B.
7. The landscape plan prepared by KM Engineering on October 22, 2021, labeled L1.0, L2.0, L3.0,
and L4.0, are approved by the City of Meridian Planning Division as shown in Exhibit C.
8. The elevations prepared by Curtis Minor Architecture on June 25, 2021, labeled A201 "Building
A", A202 "Building A", A203 "Building A", A204 "Building A", A201 "Building B", A202
"Building B", A203 "Building B", A201 "Building C", A202 "Building C", A203 "Building C",
A204 "Building C", AS302 "Pool House", AS403 "Garages", and AS407 "Garages", 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.
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. 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.
14. Prior to Certificate of Occupancy, the applicant shall submit a public access easement for
the multi -use pathway(s) to the Park's Department for approval by City Council and
subsequent recordation.
15. Prior to Certificate of Occupancy, the applicant shall record a cross-access/ingress-egress
easement to adjoining properties to the east and submit copy of said easement to the
Planning Division 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.
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 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
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 [H-2020-0074 (DA #2021-089157); H-2021-0035].
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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 1I-
3A-3.
9. The applicant and/or assigns shall have the continuing obligation to meet the specific use
standards for the proposed use as set forth in UDC 11-4-3-27, multifamily development.
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 November 9,
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.
hi accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
October 25, 2022.
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V. EXHIBITS
A. Site Plan (date: 9/15/2021)
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B. Landscape Plan (date: 10/22/2021)
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C. BuildinLy Elevations (date: 6/25/2021)
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