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TM Creek Subdivision No. 1 FP-14-039BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 8 COMMERCIAL ) BUILDING LOTS AND 1 COMMON ) LOT ON 6.88 ACRES OF LAND IN ) A C -G ZONING DISTRICT FOR TM ) CREEK SUBDIVISION NO. 1 ) BY: SCS BRIGHTON, LLC ) APPLICANT ) HEARING DATE: NOVEMBER 5, 2014 CASE NO. FP -14-039 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 5, 2014 for final plat approval pursuant to Unified Development Code (UDC) I 1-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING TM CREEK SUBDIVISON NO. 1, LOCATED IN A PORTION OF THE NORTHWEST/40F THE NORTHWEST %4, OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 9/30/14, LAWRENCE H._KOERNER, PLS, SHEET 1 OF 3," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK SUBDIVISION NO. 1 Page 1 of 3 approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 5, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Michael Wardle, a true and correct copy of which is attached hereto marked "Exhibit 13" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK SUBDIVISION NO. 1 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of 'Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of Attest: rfp, ui J ee Ho an City Clerk By: C --,n ,mnmq4e-AAAeeF4 Giati( kvtl' u� Maw, City of Meridian Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By: Dated: Move rv,�PAf— ( S� I 001q ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK SUBDIVISION NO. 1 Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: November 5, 2014 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 (�iETIAN Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-039 — TM Creek Subdivision No. 1 L APPLICATION SUMMARY The applicant, SCS Brighton, LLC, has applied for final plat (FP) approval of 8 commercial building lots and 1 common area lot on 6.88 acres of land in a C -G zoning district for TM Creek Subdivision No. 1. H. STAFF RECOMMENDATION Staff recommends approval of the TM Creek Subdivision No. I final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number FP -14-039 as presented in the staff report for the hearing date of November 5, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-039, as presented during the hearing on November 5, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-039 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in Section 14, T. 3N., R. 1W. B. Applicant: SCS Brighton, LLC 12601 W. Explorer Dr. #200 Boise, ID 83713 C. Owner: Same as applicant TM Creek Subdivision No. I FP-14-039.doc PAGE I I0,94461114 Y�1 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Dr. #200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 8 building lots and 1 common area lot on 6.88 acres of land in a C -G zoning district. Development of the lots proposed in this phase are required to comply with the dimensional standards of the C -G zoning district listed in UDC Table 11-213-3. Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. In accord with the preliminary plat conditions of approval, the applicant submitted a phasing plan for the development, included in Exhibit C. Staff has no objections to the phasing plan; development of the site should substantially comply with the phasing plan. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and although the lot configuration is a little different, it's still in substantial conformance per the standards listed in UDC 11 -6B -3C.2, as the number of buildable lots and the amount of open space are the same. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ -13-015, Development Agreement Instrument #114045759); and preliminary plat (PP -13-030). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2) years of City Council approval of the preliminary plat (on or before April 1, 2016); or, apply for a time extension on the preliminary plat in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Timberline Surveying, stamped on 9/30/14 by Lawrence H. Koerner, shown in Exhibit C shall be revised as follows: a. Include the recorded instrument numbers for the ACED sidewalk easements and access/utility easement on the face of the plat. b. Depict the ACHD sidewalk easement along Ten Mile Road in the location required below in condition #5c. c. A 5 -foot wide dry -utilities corridor should be provided along both sides of the street curb along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP unless utilities are located in the street, or as otherwise approved. d. A 20 -foot wide landscaped street buffer is required along both sides of W. Ten Mile Crossing Drive, a collector street, in accord with UDC Table 11-213-3 and shall be on common lots or on permanent dedicated buffers to be maintained by the property owner or business owner's association in accord with UDC 11 -3B -7C.2. 5. The landscape plan prepared by The Land Group, dated August 29, 2014, shown in Exhibit D, shall be revised as follows: a. The label "PB" is depicted on the plan but is not included in the plant schedule; revise accordingly. TM Creek Subdivision No. I FP-14-039.doc PAGE 2 EXHIBIT A b. A 20 -foot wide landscaped street buffer is required along both sides of W. Ten Mile Crossing Drive, a collector street, in accord with UDC Table 11-2E-3 and landscaped in accord with the standards listed in UDC 11 -3E -7C. c. A 10 -foot wide detached pathway is required along S. Ten Mile Road some distance from the roadway in accord with the Development Agreement. d. Street lights at a pedestrian scale are required within the tree/lawn area along S. Ten Mile Road and W. Ten Mile Crossing Drive in accord with the TMISAP; depict on plan. 6. The applicant shall submit a minimum 14 -foot wide public pedestrian easement for the multi -use pathway along S. Ten Mile Road to the Park's Department for approval by City Council and recordation, prior to signature on the first final plat by the City Engineer. 7. The applicant shall coordinate with Elroy Huff, the City Arborist, (888-3579) prior to removal of any trees on the site. Mitigation may be required for any trees removed from the site in accord with the standards listed in UDC 11-313-10C. 8. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 1I - 3A -7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 9. Development of this site should substantially comply with the phasing plan included in Exhibit C. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-1378.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile Road frontage of this parcel. Applicant shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. TM Creek Subdivision No. I FP-14-039.doe PAGE 3 EXHIBIT A 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line iten 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACED. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 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, which must include the location of any existing street lights. 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 TM Creek Subdivision No. 1 FP-14-039.doc PAGE 4 EXHIBIT A ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Easements must be submitted, and approved prior receiving development plan approval. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXIIHBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 5/8/14) C. Proposed Final Plat (dated: 9/30/14) & Phasing Plan D. Proposed Landscape Plan (dated: 8/29/14) TM Creek Subdivision No. 1 FP-14-039.doc PAGE 5 EXHIBIT A Exhibit A — Vicinity Map TM Creek Subdivision No. 1 FP-14-039.doc PAGE 6 FM .11_ :1 Exhibit B — Approved Preliminary Plat FOR OWNER KE ER I TM CREEK PRELIMINARY PIAT 120907-6 =•.4 0 REVIEW - BR1a HTON sNE Lavour Nm rn.rn n-� COIUS 710N .10F3 TM Creek Subdivision No. 1 FP-14-039.doc PAGE 7 EXHIBIT A Exhibit C —Proposed Final Plat (dated: 9/30/14) II ; z a Y44rva.. Ci£gf yygKf�`sG� GGyyi p R t��P QRtivM �6I� 4 i0 fqw+.�L nRI{_4nr 'lfE�9Efle RFmr e§ v_Y4"� •mM oii4t193 _ 10 .� v 0 T TM Creek Subdivision No. 1 FP-14-039.doc PAGE 8 EXHIBIT A e�vlqicr To C4440% RA,5t D � 5 /-(LNA C *MA"I i) pt—(y f t t A -c" � AV P R tW A -LS AFM )M Pfd til e�Ma CJ' o TEJV Lpl , ©Conap�lBXei��B11lWONMboMWe1M�INrrk�G1 •. TM Creek Subdivision No. 1 FP-14-039.doc PAGE 9 EXHIBIT A Exhibit D — Proposed Landscape Plan (dated: 8/29/14) ltlxliWe4LLrc LL.y.p. Y.. Yuba YwM{gu!— { p SHEET Lt. . _ — — — 1 �\YeA �YW�o �e\MxAJf 4.WonslWuu r. SHEET L1 Ni TM Creek Subdivision No. 1 FP-14-039.doc PAGE 10 EXHIBIT A � l!IIII 'ice x f -�R• TY 1 � � � rt �m TM Creek Subdivision No. 1 FP-14-039.doc PAGE 11 EXHIBIT B Sonya Watters From: Mike Wardle <MWardle@brightoncorp.com> Sent: Thursday, October 30, 201411:23 AM To Jaycee Holman; Machelle Hill; Jacy Jones Cc: Sonya Watters; Bruce Freckleton; David Turnbull; Steve Smith (ssmith@hcollc.com); ms@zokegroup.com; Craig Hilbig (chilbig@hcollc.com); Jon Wardle Subject: RE: TM Creek Subl FP Staff Report for November 5th Council Mtg All, We have reviewed the TM Creek Subdivision No. 1 final plat staff report and concur with the recommended conditions of approval, and request that the matter be placed on the City Council's consent agenda. A representative will attend to answer questions, if any. Michael Wardle Directot of Planning Brighton Corporation 12601 W. Exploret, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 CcU 208.863.6150 From: Sonya Watters[mallto:swattersCnlmeridiancitv.oraj Sent: Wednesday, October 29, 2014 3:19 PM To: Mike Wardle; David Turnbull Cc: Bruce Freckleton; Holly Binkley; Jacy ]ones; Jaycee Holman; Machelle HIII Subject: TM Creek Subi FP Staff Report for November 5th Council Mtg Mike ; Please submit a written response to the staff report to the City Clerk's office (iholman@meridiancitv.orQ, .mhill@meridiancitv.ore, hones@meridiancitv.org) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the hearing.. If you are In agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it Is still recommended you attend the meeting In the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya 489-0578