TM Creek Subdivision No. 4 H-2018-0095
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CREEK SUBDIVISION NO. 4 – FP H-2018-0095
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 25, 2018
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF TWELVE (12)
BUILDING LOTS AND ONE (1)
COMMON LOT ON 11.72 ACRES
OF LAND IN THE C-G AND TN-C
ZONING DISTRICTS FOR TM
CREEK SUBDIVISION NO. 4
BY: SCS BRIGHTON, LLC
APPLICANT
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CASE NO. H-2018-0095
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 25, 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 TM CREEK SUBDIVISION NO. 4,
LOCATED IN A PORTION OF THE NORTHWEST ¼ OF SECTION 14,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE:
AUGUST 6, 2018, by AARON L. BALLARD, PLS, SHEET 1 OF 4,” is
Meridian City Council Meeting Agenda October 9, 2018 – Page 129 of 454
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CREEK SUBDIVISION NO. 4 – FP H-2018-0095
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 September
25, 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 Kameron
Nauahi, 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.
Meridian City Council Meeting Agenda October 9, 2018 – Page 130 of 454
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 +h day of
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CREEK SUBDIVISION NO. 4 — FP H-2018-0095
Page 3 of 3
TM Creek Subdivision No. 4 – FP H-2018-0095.doc PAGE 1
STAFF REPORT
MEETING DATE: September 25, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: TM Creek Subdivision No. 4 – H-2018-0095
I. APPLICATION SUMMARY
The applicant, SCS Brighton, LLC, has applied for a final plat (FP) consisting of twelve (12) building
lots and one (1) common area lot on 11.72 acres of land in the C-G and TN-C zoning districts for the
fourth phase of TM Creek Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the TM Creek Subdivision No. 4 final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2018-0095 as presented in the staff report for the hearing date of
September 25, 2018, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2018-0095, as presented during the hearing on September 25, 2018,
for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0095 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 off the southeast corner of W. Franklin Rd. and S. Ten Mile Rd.,
in the NW ¼ of Section 14, Township 3N., Range 1W.
B. Applicant:
SCS Brighton, LLC
12601 W. Explorer Dr. #200
Boise, ID 83713
C. Owner:
Same as applicant
EXHIBIT A
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TM Creek Subdivision No. 4 – FP H-2018-0095.doc PAGE 2
D. Representative:
Kameron Nauahi, Brighton Corporation
12601 W. Explorer Dr. #200
Boise, ID 83713
V. STAFF ANALYSIS
The proposed final plat depicts 12 building lot and 1 common area lot on 11.72 acres of land in the C-
G and TN-C zoning districts. Development is required to comply with the dimensional standards of
the C-G and TN-C zoning district listed in UDC Tables 11-2B-3 and 11-2D-5 respectively.
Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards
and found the plat to be in compliance with those standards.
Private street names are depicted on the plat for this development; however, a private street
application has not been submitted to the City or approved. The private street names should either be
removed or a private street application should be submitted for approval.
Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and
found there are 4 fewer building lots shown on the final plat than were depicted on the preliminary
plat which was the result of consolidation and re-configuration of lots covering the same area.
Because the number of building lots has decreased, 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; 1st Addendum (Inst. 2016-073497); and 2nd Addendum (Inst. #2017-
113747]; and preliminary plat (PP-13-030).
Future development shall be generally consistent with the conceptual site plan, building
elevations, and landscape plan submitted with these applications and the associated conditions of
approval. The site shall develop with a mix of office, commercial and residential uses.
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 3; 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 KM Engineering, stamped on 8/6/18 by Aaron L. Ballard, shown in
Exhibit C shall be revised as follows:
a. Note #4: Include the approved addendums to the development agreement - 1st Addendum
(Inst. 2016-073497); and 2nd Addendum (Inst. #2017-113747).
b. Note #8, #9 and #10: Change Ten Mile “Crossing” to “Creek” if appropriate.
c. Note #14: Include recorded instrument number.
d. Note #16: Include recorded instrument number.
e. Note #20: Include S. Wayfinder Ave. in the access restriction
f. Include the recorded instrument number of the 19.50’ ACHD permanent easement
graphically depicted on the face of the plat.
g. References: #R5 – Include recorded plat information for TM Creek Subdivision No. 3
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TM Creek Subdivision No. 4 – FP H-2018-0095.doc PAGE 3
h. Graphically depict a 25-foot wide street buffer along W. Franklin Rd. in a common lot or on a
permanent dedicated buffer, maintained by the property owner or business owner’s
association as set forth in UDC 11-3B-7C.2b.
i. Remove the private street names from the face of the plat as private streets have not been
approved for this subdivision. If private streets are desired, submit a private street application.
5. The landscape plan prepared by KM Engineering, dated 7/31/2018, shown in Exhibit D, shall be
revised as follows:
a. Depict a 25-foot wide street buffer along W. Franklin Rd. as set forth in UDC Table 11-2B-3,
landscaped in accord with the standards listed in UDC 11-3B-7C.
b. Include a calculations table that demonstrates compliance with UDC standards per the final
plat application checklist, including the following: width of street buffers, lineal feet of street
frontage, and number of street trees.
c. Depict pedestrian scale lighting along S. Wayfinder Avenue in accord with the TMISAP.
d. Depict the 10-foot wide regional pathway along the north side of the Ten Mile Creek on the
east side of S. Wayfinder Avenue and landscaping in accord with the standards listed in UDC
11-3B-12C, Pathway Landscaping. Also depict a cross-walk for the pathway across S.
Wayfinder Avenue. Park’s Dept. and NMID is agreeable to the pathway going on the south
side of the creek, east of S. Wayfinder Ave.
e. Landscaping along the portion of S. Wayfinder Avenue north of the Ten Mile Creek is
required to comply with Street Section E on page 3-21 of the TMISAP.
6. The applicant shall obtain a license agreement from ACHD for any/all landscaping proposed
within the right-of-way.
7. 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.
8. The Ten Mile Creek shall be protected during construction.
9. South Wayfinder Avenue shall initially be constructed in accord with the street sections proposed
with the preliminary plat application. Future reconfiguration of the street may occur, if warranted
by ACHD, in accord with the aforementioned street section.
10. 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.
11. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb along S.
Wayfinder Avenue in accord with the TMISAP unless utilities are located in the street, or as
otherwise approved.
12. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
13. The City of Meridian requires that pressurized irrigation systems be supplie d 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.
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14. Applicant shall coordinate with Public Works Department on the routing of water mains, fire
services, hydrants and fire flows for adjacent commercial development to the north of Cobalt
Drive.
15. A Flood Plain Development Permit shall be required for the bridge crossing Ten Mile Creek.
Applicant shall also be required to submit a No-Rise Certification and approval letter from the
Nampa & Meridian Irrigation District.
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 pl at.
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.
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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 Water Department at
Meridian City Council Meeting Agenda October 9, 2018 – Page 136 of 454
TM Creek Subdivision No. 4 – FP H-2018-0095.doc PAGE 6
(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,
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.
V. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 5/8/14)
C. Proposed Final Plat (dated: 8/6/18)
D. Proposed Landscape Plan (dated: 7/31/18)
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Exhibit A – Vicinity/Zoning Map
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Exhibit B – Approved Preliminary Plat
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Exhibit C – Proposed Final Plat (dated: 8/6/18)
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Exhibit D – Proposed Landscape Plan (dated: 7/31/18)
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