TM Crossing Sub 2 - FP H-2017-0110 FFCLORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUBDIVISION NO. 2 - FP H-2017-0110
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 5, 2017
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF FIVE (5)
BUILDING LOTS AND ONE (1)
COMMON LOT ON 18.93 ACRES
OF LAND IN THE C-G ZONING
DISTRICT FOR TM CROSSING
SUBDIVISION NO. 2
BY: BRIGHTON INVESTMENTS,
LLC
APPLICANT
CASE NO. H-2017-0110
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 5, 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 CROSSING SUBDIVISION NO. 2,
LOCATED IN A PORTION OF THE SOUTHWEST 1/4 OF SECTION 14,
TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO,
2017, HANDWRITTEN DATE: 8/10/2017, by FRITZ BROWNELL, PLS,
SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUBDIVISION NO. 2 - FP H-2017-0110
Page 2 of 3
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 September 5, 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 Mike Wardle, Brighton Corporation, 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
2017.
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JDAHOC..1` E IDIAN
Attest: s SEAL
FR of the TR Pg
City Clerk
By:
Tammy de W rd
Mayor, City of Meridian
day of
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: ` Dated: a
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUBDIVISION NO. 2 - FP H-2017-0.110
Page 3 of 3
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 1
STAFF REPORT
MEETING DATE: September 5, 2017
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: TM Crossing Subdivision No. 2 – FP (H-2017-0110)
I. APPLICATION SUMMARY
The applicant, Brighton Investments, LLC, has applied for final plat (FP) approval of 5 commercial
building lots and 1 common area lot on 18.93 acres of land in the C-G zoning district for the second
phase of TM Crossing Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the TM Crossing Subdivision No. 2 final plat subject to the conditions
noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the City Council.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2017-0110 as presented in the staff report for the hearing date of
September 5, 2017, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2017-0110, as presented during the hearing on September 5, 2017, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0110 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 generally located on the north side of Interstate 84, east of S. Ten Mile
Road, in the SW ¼ of Section 14, T. 3N., R. 1W.
B. Applicant:
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
C. Owner:
Same as Applicant
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 2
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
V. STAFF ANALYSIS
The proposed final plat depicts 5 commercial building lots and 1 common area lot on 18.93 acres of
land in a C-G zoning district.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP-12-003). Because the number of proposed buildable lots is fewer than shown on the
approved preliminary plat and the amount of common area is the same, staff deems the final plat to be
in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall comply with all previous conditions of approval associated with this development
CPAM-12-001; AZ-12-005, Development Agreement #114002254); PP-12-003; TED-14-001;
H-2016-0054, amended Development Agreement #2016-062220].
2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years
of the City Engineer’s signature on the first phase final plat, by August 15, 2019, or apply for a
time extension, 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 included in Exhibit C prepared by Horrocks Engineers, stamped on 7/8/17 by Fritz
Brownell, shall be revised as follows:
a. Note #6: The common area should be owned and maintained by the property owner or
Business Owner’s Association, not Operator or assigns, per UDC 11-3B-7C.2b.
b. Note #7: Include the recorded instrument number of the ACHD License Agreement.
c. Delete Note #12 as direct lot access to W. Navigator St. is necessary.
d. Note #16: Include lot and block numbers and recorded instrument number.
e. Note #20: Include the recorded instrument number+.
f. Depict a minimum 20-foot wide permanent dedicated buffer (or common lot) for landscaping
along W. Navigator Street, a collector street; and a minimum 10-foot wide permanent
dedicated buffer (or common lot) for landscaping along I-84 outside of the Purdam Drain
easement in accord with UDC Table 11-2B-3, 11-3B-7C.1b, and 11-3B-7C.2b.
5. The landscape plan included in Exhibit D prepared by Baer Design Group, LLC, dated 6/5/17
stamped on 6/13/17), shall be revised as follows:
a. Depict landscaping within the entire 20-foot wide street buffer along W. Navigator Street in
accord with the standards listed in UDC 11-3B-7C.
b. Include a calculations table demonstrating compliance with UDC standards (Table 11-2B-3,
11-3A-17E and 11-3B-7C) including the following: Width of street buffers (measured from
back of curb), lineal feet of street frontage, number of street trees, and tree class.
c. Depict the minimum 50-foot wide street buffer along I-84 with landscaping in accord with
the standards listed in UDC 11-3B-7C. In areas where the buffer is encumbered by
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 3
easements or other restrictions, the buffer area is required to include a minimum 5-foot wide
area for planting shrubs and trees, per UDC 11-3B-7C.1b. An 85-foot wide easement for the
re-located Purdam Drain exists along the southern boundary of the site adjacent to I-84; a
minimum 10-foot wide buffer outside of the easement for landscaping was proposed with the
preliminary plat and should be depicted on the final plat.
6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
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 beyond the three (3) allowed by the amended development agreement #2016-
062220.
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. Applicant must file an application for surety, which can be found on the
Community Development Department website. 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 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. All development improvements, including but not limited to sewer, water, fencing, pressurized
irrigation and landscaping shall be installed and approved, or bonded, prior to obtaining
certificates of occupancy, or as otherwise allowed by UDC 11-5C-1.
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 4
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 11-1-4B.
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. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. 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 prepared by an Idaho
Licensed Professional Land Surveyor, 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. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
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
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 5
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 9-1-28.C.1). The applicant should be required to use any existing surface
or well water for the primary source.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation. City Council granted a waiver with the preliminary plat to
allow the Purdam and Taylor drains to remain open in their re-located locations.
V. EXHIIBITS
A. Vicinity/Zoning Map
B. Preliminary Plat (dated: 7/16/12)
C. Proposed Final Plat (dated: 7/20/16)
D. Proposed Landscape Plan (dated: 5/6/16)
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 6
Exhibit A – Vicinity/Zoning Map
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 7
Exhibit B – Preliminary Plat (dated: 7/16/12)
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 8
Exhibit C – Proposed Final Plat (dated: 7/8/17)
EXHIBIT A
TM Crossing Subdivision No. 2 – FP H-2017-0110 9
Exhibit D – Proposed Landscape Plan (dated: 6/5/17)
Fw4v 9- 1 b__ Sonya Allen
From: Mike Wardle <mwardle@brig htoncorp.com>
Sent: Tuesday, September 05, 2017 2:09 PM
To: Sonya Allen; Barbara Shiffer, C.Jay Coles; Charlene Way; Machelle Hill
Cc: David Turnbull; Steve Smith (ssmith@scsinvestments.net); Mike Hall
mhall@scsinvestments.net); Jon Wardle; Amanda McCurry; Kameron Nauahi
Subject: RE: TM Crossing Sub. 2 - FP H-2017-0110 Staff Report for 9/5 Council Mtg
1
With the sole exception of Site Specific Condition 4.a, we agree with the TM Crossing Subdivision No. 2 final plat staff
report and recommended conditions of approval.
Condition 4.a, as referenced to UDC 11-313-7C.2b, is not applicable to Common Lot 8, Block 3 (Plat Note 6) and should
be deleted. The UDC citation applies only to street buffers, whereas Lot 8, Block 3 is the Purdam Drain easement which
will be retained by the developer—the "Operator" in the plat note and in the recorded Master Declaration of Covenants,
Conditions and Restrictions and Reciprocal Easement Agreement for Ten Mile Crossing. (Instrument No. 2016-065448)
Thus, the plat note is accurate and should be retained as -is.
To reinforce the point, staffs interpretation of the Code was neither conditioned nor applied ...
In the recorded TM Creek Subdivision No.1 final plat
Nor in the final plat conditions of approval for TM Creek Subdivision No. 2
Nor in the conditions for TM Crossing Subdivision No. 1 final plat which has been signed by the City and awaits
recording.
I will attend the Council meeting this evening to answer questions.
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@meridiancity.org]
Sent: Friday, September 01, 2017 3:34 PM
To: Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill
Cc: Kameron Nauahi; Mike Wardle
Subject: TM Crossing Sub. 2 - FP H-2017-0110 Staff Report for 9/5 Council Mtg
Attached is the staff report for the proposed final plat for TM Crossing Sub. 2. This item is
scheduled to be on the City Council agenda on September 5th. 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/Kameron - Please submit a written response to the staff report to the City Clerk's office
mhill@meridiancity.org, cjcoles@meridiancity.org, cway@meridiancity.org,
bshiffer@meridiancity.or and myself (e-mail or fax) prior to the meeting.