Tree Farm Subdivision No 3 H-2017-0162BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 65 SINGLE-
FAMILY RESIDENTIAL
BUILDING LOTS AND 6 COMMON
LOTS ON 26.06 ACRES OF LAND
IN THE R-4 AND R-8 ZONING
DISTRICTS FOR TREE FARM
SUBDIVISION NO. 3
BY: M3 COMPANIES, LLC
APPLICANT
HEARING DATE: JANUARY 23, 2018
CASE NO. H-2017-0162
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on January 23, 2018 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 TREE FARM SUBDIVISION NO. 3,
SITUATED IN THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 NORTH, RANGE
1 WEST, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018,
HANDWRITTEN DATE: 01/16/2018, BY MICHAEL S. BURNS, PLS, SHEET
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TREE FARM NO.3 — FP (H-2017-0162)
Pagel of 3
I OF 8," is 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 January 23, 2018, a true and correct copy of which is attached hereto
marked "Exhibit A" and by this reference incorporated herein, and the response
letter from Mark Tate, M3 Companies, LLC, 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TREE FARM NO. 3 — FP (H-2017-0162)
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
rw yj o4 32018.
Attest:
Cay Cole
Zv Clerk
� c �a
r �y �r w
IDIAN�--
IDAHO
SEAL
�ammy d�" eerd
Mayor, of Meridian
day of
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TREE FARM NO. 3 — FP (H-2017-0162)
Page 3 of 3
EXHIBIT A
STAFF REPORT
MEETING DATE: January 16, 2018
(Continued to January 23, 2018)
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Tree Farm Subdivision No. 3 (H-2017-0162)
I. APPLICATION SUMMARY
The applicant, M3 Companies, LLC, has applied for final plat (FP) approval of sixty five (65) single-
family residential building lots and six (6) common lots on approximately 26.06 acres of land in the
R-4 and R-8 zoning districts. This is the third and final phase of the Tree Farm Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Tree Farm Subdivision No. 3 final plat application 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-2017-0162 as presented in the staff report for the hearing date of
January 16, 2018, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2017-0162, as presented during the hearing on January 16, 2018, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0162 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 site is located at 4740 W. Chinden Blvd., in the SW 1/4 of Section 22, Township 4N., Range
1W.
B. Owners:
Ball Real Estate, BFT KGLG Cherry Lane, LLC & Fairmont Tempe, LLC
4222 E. Camelback Road, Suite H100
Phoenix, AZ 85018
C. Applicant:
M3 Companies, LLC, (Mark Tate)
1087 W. River Street, Suite 310
Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 1
EXHIBIT A
Boise, ID 83702
D. Agent:
JUB Engineers (Kristi Watkins)
250 S. Beechwood Ave. Suite 201
Boise, ID 83709
V. STAFF ANALYSIS
The proposed final plat depicts sixty five (65) single-family residential building lots and six (6)
common lots on 26.06 acres of land, zoned R-8. The gross density of the proposed subdivision is 2.49
dwelling units (d.u.) per acre with a net density of 3.18 d.u. per acre. The minimum property size is
5,999 square feet with an average property size of 13,703 square feet (s.£). All of the lots proposed
for this phase of development are for single-family detached homes and comply with the dimensional
standards of the R-4 and R-8 zoning district. Staff has reviewed the proposed plat and found it in
compliance with the aforementioned dimensional standards.
Open space proposed for this phase consists of several passive open space lots, collector street buffers
and parkways. The open space proposed with this phase is consistent with the overall project open
space approved with the preliminary plat.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat. Because the number of buildable lotshas been reduced from the approved preliminary plat, staff
deems the final plat to be in substantial compliance with the approved preliminary plat as required by
UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (AZ -06-004 and AZ -06-050), rezone
and preliminary plat (H-2016-0128 and development agreement H-2016-0128 (Inst. No. 2017-
035132).
2. The applicant has until February 22, 2019 to obtain City Engineer's signature on the final plat 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 prepared by JUB Engineers, dated January 16, 2018 by Michael S. Byrns shall be
revised as follows:
• Include the instrument # for note #10 referencing the ACHD license agreement instrument
number.
• Include the instrument # for easement note #5 referencing the ACHD storm drain easement
instrument number.
• Include the instrument # for easement note #4 referencing the ACHD right-of-way easement
instrument number.
• Include the instrument # for easement note #6 referencing the ACHD temporary turn around
easement instrument number.
• Note #1: Replace Lot 1, Block 10 as a called out common lot in note #1 and replace with Lot
8, Block 10.
PAGE 2
Tree Farm Subdivision No. 3 (H-2017-0162)
EXHIBIT A
• Add the following note: Maintenance of any irrigation and/or drainage pipes or ditches
crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an
irrigation/drainage entity or lot owners association.
5. The landscape plan prepared by Greey, Pickett Landscape Architecture, dated 12/12/2017 shall be
revised as follows:
a) Prior to signature on the final plat, the applicant shall provide a detailed fencing plan.
b) The final plat currently indicates an easement along the Phyllis Canal along Lots 35-45 of
Block 2. This easement shall be placed in a common lot to ensure more consistent
maintenance of the landscaping.
c) The applicant shall install a 5 foot detached sidewalk along their entire frontage of N.
Black Cat Road.
d) Prior to signature on the final plat, the applicant shall indicate how they intend to
landscape Lot 2 Block 8 west of Lots 45 and 46, Block 2.
6. Lots 29 and 30 of Block 2 shall take access from a common driveway (Lot 28, Block 2). For all
common driveways, a perpetual ingress/egress easement is required to be filed with the Ada
County Recorder, which shall include a requirement for maintenance of a paved surface capable
of supporting fire vehicles and equipment as set forth in UDC 11 -6C -3D.8.
7. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the
applicant is responsible for fencing micropaths and pathway lots to distinguish the common areas
from the private areas.
8. Future homes/structures constructed in this subdivision shall substantially comply with the
ith the preliminary plat. Because homes on lots t
hat back-up to
sample elevations approved w
public streets such as N. Black Cat Road (Lots 2-11, Block 9, and Lots 45-45, Block 2) will be
highly visible; the side of any structure that faces the public street on these lots shall incorporate
articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines. Single story homes
are exempt from this requirement.
9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information.
12. Street lights are required to be on a stand-alone drawing pursuant to section 6-7 of the City of
Meridian 2016 Design Standards. Street lights are required on the portion of Black Cat that will
be constructed with this development. These street lights shall be metered and can be either Type
I or Type 2 street lights in accordance with drawing 6C of the Meridian Design Standards.
13. The adequacy of available fire flow will be verified prior to the issuance of a building permit in
this development. Home builders will be subject to minimum fire flow requirements as
determined by the Meridian Fire Department.
PAGE 3
Tree Farm Subdivision No. 3 (H-2017-0162)
EXHIBIT A
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. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11 -5C -3B.
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. In the event that an applicant and/or owner cannot complete non -life, non -safety and non -health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11 -5C -3C.
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.
PAGE 4
Tree Farm Subdivision No. 3 (H-2017-0162)
EXHIBIT A
13. All grading of the site shall be performed in conformance with MCC 11-1-413.
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 Water Department at
(208)888-5242 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.
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 the Central District Health Department for abandonment
procedures and inspections.
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. 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,
PAGE 5
Tree Farm Subdivision No. 3 (H-2017-0162) .
EXHIBIT A
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
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.
VIII. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
:PAGE 6
Tree Farm Subdivision No. 3 (H-2017-0162)
Exhibit A — Vicinity Map
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Exhibit B — Approved Preliminary Plat
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Tree Farm Subdivision No. 3 (H-2017-0162)
Exhibit C — Proposed Final Plat
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Tree Farm Subdivision No. 3 (1-1-2017-0162) PAGE 9
Exhibit D —Proposed Landscape Plan
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EXHIBIT A
PHASE 3 LANDSCAPE PLANS FOR
TREE FARM SUBDIVISION
CIT OF MERIDIAN. ADA COUNTY. IDAHO
2017
TREE FARM SUBDIVISION - PHASE 3 OV=GALL LANDSCAPE PLAN
Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 10
Bill Parsons
From: Mark Tate <MTate@m3companiesllc.com>
Sent: Thursday, January 18, 2018 4:11 PM
To: Joshua Beach; Barbara Shiffer; Bill Parsons; C.Jay Coles; Charlene Way
Subject: RE: Tree Farm No. 3 - FP (H -2017 -
I'm just getting to emails after being in some meetings. I'm okay with the staff report as written.
Thanks,
I'�
111 cont ipan1eS
Mark Tate
General Manager
M3 Companies
1087 W. River Street
Suite 310
Boise, ID 83702
208.939.6263 Phone
208.939.6752 Fax
E-mail: mtate@m3companiesllc.com
CONFIDENTIALITY NOTICE: This electronic transmission and any attachment are the confidential property of the sender, and the materials are privileged
communications intended solely for the receipt, use, benefit, and information of the intended recipient indicated above. If you are not the intended recipient, you
are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this electronic transmission is
strictly prohibited, and may result in legal liability on your part. If you have received this e-mail in error, please notify The M3 Companies immediately by telephone
at (208) 939-6263, by facsimile at (208) 939-6752 or by e-mail directly to the sender, and destroy this electronic transmission. E-mail cannot be guaranteed to be
secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender does not have liability
for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission.
From: Joshua Beach[mailto:ibeach@meridiancity.orj
Sent: Thursday, January 18, 2018 11:12 AM
To: Mark Tate <MTate(@m3companiesllc.com>; Barbara Shiffer <bshiffer@meridiancity.org>; Bill Parsons
<bparsons meridiancity.org>; C.Jay Coles <cicoles meridiancity.org>; Charlene Way <cwav@meridiancitv.org>
Subject: Tree Farm No. 3 - FP (H -2017 -
Mark - Please submit a written response to the staff report to the City Clerk's office
(cicoles@meridiancity.or ) 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 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.
Josh Beach I Associate City Planner
City of Meridian I Community Development Department
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-489-0576
�C:III� 1AN;�-
Built for Business, Designed for Living
www. opp ortunitym eridian. org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.