TM Creek Sub 2 - FP H-2017-0024
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CREEK SUBDIVISION NO. 2 – FP H-2017-0024
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MARCH 28, 2017
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF NINE (9)
BUILDING LOTS AND TWO (2)
COMMON LOTS ON 9.63 ACRES
OF LAND IN THE C-G ZONING
DISTRICT FOR TM CREEK
SUBDIVISION NO. 2.
BY: SCS BRIGHTON, LLC
APPLICANT
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CASE NO. H-2017-0024
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on March 28, 2017 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-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:
1. The Final Plat of “PLAT SHOWING TM CREEK SUBDIVISION NO. 2,
LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION
14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE:
FEBRUARY 16, 2017, by JAMES R. WASHBURN, PLS, SHEET 1 OF 4,” is
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CREEK SUBDIVISION NO. 2 – FP H-2017-0024
Page 2 of 3
conditionally 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 March 28,
2017, 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 B”
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.
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
AP ri )2017.
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Copy served upon the Applicant; Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: �? y Dated: 1/Z /" (/ K/'7
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CREEK SUBDIVISION NO. 2 — FP H-2017-0024
Page 3 of 3
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 1
STAFF REPORT
MEETING DATE: March 28, 2017
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: TM Creek Subdivision No. 2 – H-2017-0024
I. APPLICATION SUMMARY
The applicant, SCS Brighton, LLC, has applied for final plat (FP) approval of 9 building lots and 2
common area lots on 9.63 acres of land in a C-G zoning district for the second phase of TM Creek
Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the TM Creek Subdivision No. 2 final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2017-0024 as presented in the staff report for the hearing date of
March 28, 2017, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2017-0024, as presented during the hearing on March 28, 2017, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0024 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
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 2
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Dr. #200
Boise, ID 83713
V. STAFF ANALYSIS
The proposed final plat depicts 9 building lots and 2 common area lots on 9.63 acres of land in a C-G
zoning district. Development is required to comply with the dimensional standards of the C-G zoning
district listed in UDC Table 11-2B-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.
Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and
found there are 5 fewer lots shown on the final plat than were depicted on the preliminary plat.
Because the number of building lots have decreased and the amount of open space is the same, staff
finds the proposed plat is in substantial conformance with the approved preliminary plat per the
standards listed in UDC 11-6B-3C.2.
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
the City Engineer’s signature on the final plat for Phase I (on or before June 3, 2018); or, apply
for a time extension on the preliminary plat in accord with UDC 11-6B-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 The Land Group, stamped on 2/16/17 by James R. Washburn, shown
in Exhibit C shall be revised as follows:
a. Notes 11, 13, 14 and 16: Include the recorded instrument numbers.
b. Note 17: “Direct lot or parcel access to S. Ten Mile Road and W. Franklin Road is prohibited
except for those access points approved with PP-13-030 by the City of Meridian and ACHD.”
c. Depict a 35-foot street buffer along S. Ten Mile Road and a 25-foot wide street buffer along
W. Franklin Road within a common lot or a permanent dedicated buffer maintained by the
property owner or business owner’s association in accord with UDC 11-3B-7C.2.
d. Include the recorded instrument numbers for the ACHD easement graphically depicted on
Sheet 2.
5. The landscape plan prepared by The Land Group, dated February 2, 2017, shown in Exhibit D, is
approved as submitted.
6. The applicant shall submit a minimum 14-foot wide public pedestrian easement for the multi-use
pathway within this phase to the Planning Division for approval by City Council and recordation
prior to signature on the final plat by the City Engineer.
7. The applicant shall coordinate with Elroy Huff, the City Arborist, (888-3579) prior to removal of
any existing trees on the site. Mitigation may be required for any trees removed from the site in
accord with the standards listed in UDC 11-3B-10C.
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 3
8. The Tenmile Creek shall be protected during construction.
9. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 11-
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.
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 12-13-8.3). The City of Meridian owns and operates a reclaimed water
system along the West Franklin Road frontage of this parcel. Applicant shall be bound to the
same requirements that were worked out for the first phase regarding the use of reclaimed water
for the provision of landscape irrigation water.
13. Applicant is responsible for the extension of the Ten Mile Trunk Sewer across this site. The
developer and their design team have actively been working out the specific alignment and size
with the Public Works Department.
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 11-3B-14A.
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.
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 4
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 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. 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 ACHD. 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
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
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 5
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. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 5/8/14)
C. Proposed Final Plat (dated: 2/16/17)
D. Proposed Landscape Plan (dated: 2/2/17)
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 6
Exhibit A – Vicinity Map
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 7
Exhibit B – Approved Preliminary Plat
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 8
Exhibit C – Proposed Final Plat (dated: 2/16/17)
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 9
Exhibit D – Proposed Landscape Plan (dated: 2/2/17)
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 10
EXHIBIT A
TM Creek Subdivision No. 2 – FP H-2017-0024.doc PAGE 11
1 MV -5 11 110110 8•
Sonya Allen
From: Mike Wardle <mwardle@brig htoncorp.com>
Sent: Thursday, March 23, 2017 11:24 AM
To: Sonya Allen
Cc: Bruce Freckleton; Jon Wardle
Subject: RE: TM Creek Sub. 2 - FP H-2017-0024 Staff Report for March 28th Council Mtg
Sonya,
We have reviewed the TM Creek Subdivision No. 2 staff report and concur with the recommended conditions of
approval. I will attend the March 28th Council hearing to respond to questions, if any.
Michael Wardle
Director of Planning
Brighton Corporation
12601 W. Explorer, Suite 200 1 Boise, Idaho 83713
Direct 208.287.0512 1 Cell 208.863.6150
From: Sonya Allen [mailto:sallen@meridiancib org]
Sent: Tuesday, March 21, 2017 2:03 PM
To: Mike Wardle
Cc: Bruce Freckleton; Jon Wardle
Subject: TM Creek Sub. 2 - FP H-2017-0024 Staff Report for March 28th Council Mtg
Attached is the staff report for the proposed final plat for TM Creek Sub. 2. This item is scheduled to be on
the City Council agenda on March 28th. The hearing will be held at City Hall, 33 E. Broadway Avenue,
beginning at 6:00 pm. Please call or e-mail with any questions.
Mike - Please submit a written response to the staff report to the City Clerk's office
(mhitt@meridiancity.org cjcoles@meridiancity.org, cwaV@meridiancity.or , bshiffer@meridiancity.orp and
myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting.
If you are in agreement with the conditions of approval contained in the staff report and you submit a
written response accordingly, 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 for discussion.
If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the
conditions of approval, your project will be placed on the regular agenda.
Thanks,
Sonya Allen I Associate City Planner
City of Meridian I Community Development Department
33 E. Broadway Ave., Ste.. 102, Meridian, Idaho 83642
Phone: 208-884-5533 ( Direct: 208-489-05781 Fax: 208-489-0578
E IDIAN