TM Crossing No. 3 H-2018-0114 FP
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUB. 3 – FP H-2018-0114
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: NOVEMBER 7, 2018
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF ONE (1)
BUILDING LOT AND ONE (1)
COMMON LOT ON 4.7 ACRES OF
LAND IN THE C-G ZONING
DISTRICT FOR TM CROSSING
SUBDIVISION NO. 3
BY: SCS BRIGHTON, LLC
APPLICANT
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CASE NO. H-2018-0114
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on November 7, 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 CROSSING SUBDIVISION NO. 3,
LOCATED IN A PORTION OF THE NORTHWEST ¼ OF THE SOUTHWEST
¼ OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018,
HANDWRITTEN DATE: 9/20/2018, by KELLY KEHRER, PLS, SHEET 1 OF
Meridian City Council Meeting Agenda November 20, 2018 – Page 149 of 370
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUB. 3 – FP H-2018-0114
Page 2 of 3
4,” 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 November
7, 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 November 20, 2018 – Page 150 of 370
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 0 day of
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: ('haJIAV—On,
Dated: I ES H8
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUB. 3 — FP H-2018-0114
Page 3 of 3
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 11/7/2018
TO: City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: H-2018-0114
TM Crossing Subdivision No. 3
PROPERTY LOCATION:
NEC of I-84 and S. Ten Mile Rd.
I. PROJECT DESCRIPTION
The Applicant, SCS Brighton, LLC, submitted an application for a final plat consisting of one (1)
building lot and one (1) common lot on 4.7 acres of land in the C-G zoning district for the third phase
of TM Crossing Subdivision.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.7
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Commercial
Current Zoning C-G
Proposed Zoning NA
Lots (# and type; bldg/common) 1/1
Physical Features (waterways,
hazards, flood plain, hillside)
Purdam Gulch Drain runs along southern boundary of site and
was allowed to be left open and not be piped
History (previous approvals) CPAM-12-001; AZ-12-005 (DA #114002254); PP-12-003;
TED-14-001; H-2016-0054 (amended DA #2016-062220)
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) No
Requires ACHD
Commission Action
(yes/no)
No
EXHIBIT A
Meridian City Council Meeting Agenda November 20, 2018 – Page 152 of 370
Page 2
Description Details Page
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
W. Navigator Dr. (collector)
Stub Street/Interconnectivity/Cross
Access
2 accesses are proposed via W. Navigator Dr. on each side of
the street
Fire Service Comments were submitted with Preliminary Plat
Police Service Comments were submitted with Preliminary Plat
C. Project Area Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
III. APPLICANT INFORMATION
A. Applicant
SCS Brighton, LLC
Meridian City Council Meeting Agenda November 20, 2018 – Page 153 of 370
Page 3
12601 W. Explorer Dr., #200
Boise, ID 83713
B. Owner:
Same as Applicant
C. Representative:
Kameron Nauahi
Brighton Corporation
12601 W. Explorer Dr., #200
Boise, ID 83713
IV. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as
required by UDC 11-6B-3C.2. The preliminary plat depicts 3 building lots and 1 common lot
encompassed by the Purdam Drain easement with W. Navigator Dr. (the east/west collector
street) running along the southern boundary of the building lots; the proposed final plat depicts 1
building lot and 1 common lot with W. Navigator Dr. running along the northern boundary of the
building lots. Because the number of building lots is fewer, the amount of common area is the
same and the alignment of W. Navigator Dr. is consistent with the Master Street Map, Staff
deems the proposed final plat to be in substantial compliance with the approved preliminary plat
as required.
A. Existing Structures/Site Improvements:
None
B. Dimensional Standards:
Comply with UDC Table 11-2B-3 for the C-G district
(http://www.sterlingcodifiers.com/codebook/index.php?book_id=306)
C. Access:
Two (2) accesses are proposed via W. Navigator Dr. (collector) on each side of the street; a
cross-access/ingress-egress and parking easement should be granted to the adjacent
property to the east in accord with UDC 11-3A-3A.2 and preliminary plat condition
#1.2.1.3.
D. Sidewalks/Parkways:
A minimum 5-foot wide detached sidewalk is required along W. Navigator Dr., a collector street,
in accord with UDC 11-3A-17C as proposed on the landscape plan.
E. Pathways:
The Pathways Master Plan depicts a segment of the City’s multi-use pathway along S. Ten Mile
Rd. adjacent to this site; a 7-foot wide sidewalk was constructed along Ten Mile with the
interchange improvements. A 10-foot wide pathway is also proposed along the north side of the
Purdam Gulch Drain on this site.
F. Landscaping
A 20-foot wide street buffer is required along W. Navigator Dr., a collector street, measured from
back of curb; and a 50-foot wide buffer is required along I-84, measured from edge of right-of-
way, as set forth in UDC Table 11-2B-3. Landscaping is required within the buffer in accord with
the standards listed in UDC 11-3B-7C.
Meridian City Council Meeting Agenda November 20, 2018 – Page 154 of 370
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The landscape plan depicts a 13-foot wide street buffer (including the sidewalk) along W.
Navigator Dr.; the buffer should be widened to a minimum of 20 feet (including the
sidewalk). A minimum 10-foot wide street buffer was proposed along I-84 with the
preliminary plat outside of the Purdam Drain easement but is not depicted on the plan; the
plan should be revised to include the buffer. Landscaping within the street buffers should
be provided in accord with the standards listed in UDC 11-3B-7C. The landscape plan
should be revised accordingly. The landscape plan is also missing the scale; the scale should
be added. (http://www.sterlingcodifiers.com/codebook/index.php?book_id=306)
G. Parkways:
Parkways are required to comply with the standards listed in UDC 11-3A-17E. The proposed
Class I trees require a minimum planter width of 10 feet; either replace with a Class II tree
or widen parkways to 10 feet.
(http://www.sterlingcodifiers.com/codebook/index.php?book_id=306)
H. Waterways:
The Purdam Gulch Drain runs along the southern/western boundary of this site. The Council
approved a waiver to UDC 11-3A-6 to allow the drain to remain open with the requirement for it
to be improved as a water amenity as set forth in the development agreement. A water amenity is
required to be improved per the standards in the definition listed in UDC 11-1A-1 and 11-
3A-6C.2. (http://www.sterlingcodifiers.com/codebook/index.php?book_id=306)
I. Fencing:
No fencing is depicted on the landscape plan.
J. Utilities:
All development is required to be connected to City water and sewer systems; street lighting is
required to be installed in accord with the City’s adopted standards, specifications and ordinances
per UDC 11-3A-21.
V. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VII of this report.
VI. EXHIBITS
See following page
Meridian City Council Meeting Agenda November 20, 2018 – Page 155 of 370
Page 5
A. Preliminary Plat
Meridian City Council Meeting Agenda November 20, 2018 – Page 156 of 370
Page 6
B. Final Plat
Meridian City Council Meeting Agenda November 20, 2018 – Page 157 of 370
Page 7
Meridian City Council Meeting Agenda November 20, 2018 – Page 158 of 370
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C. Landscape Plan
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
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 second phase final plat, by April 17,
2020, 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 KM Engineering, stamped on 9/20/18 by Kelly Kehrer,
included in Exhibit B shall be revised as follows:
a. Note #13: Include the recorded instrument number of the ACHD Landscape License
Agreement.
b. Note #14: Include the NMID License Agreement instrument number.
c. Depict a minimum 20-foot wide permanent dedicated buffer (or common lot) for
landscaping along W. Navigator Dr., a collector street; and a minimum 10-foot wide
permanent dedicated buffer (or common lot) for landscaping along I-84 outside of the
Meridian City Council Meeting Agenda November 20, 2018 – Page 159 of 370
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Purdam Drain easement in accord with UDC Table 11-2B-3, 11-3B-7C.1b, and 11-
3B-7C.2b.
d. Include a note granting cross-access/ingress-egress and parking to the adjacent
property to the east in accord with UDC 11-3A-3A.2 and preliminary plat condition
#1.2.1.3.
5. The landscape plan prepared by KM Engineering, dated 9/21/18 included in Exhibit C,
shall be revised as follows:
a. Depict landscaping within the entire 20-foot wide street buffer along W. Navigator
Dr. and within a 10-foot wide buffer along I-84 outside of the Purdam Gulch Drain
easement (on the north side) in accord with the standards listed in UDC 11-3B-7C.
b. Include a scale on the plan (i.e. 1” = 30’).
c. Include a calculations table for the street buffers along I-84 and W. Navigator Dr.
demonstrating compliance with UDC standards (Table 11-2B-3, 11-3A-17E and 11-
3B-7C) including the following: Width of street buffers, lineal feet of street frontage,
number of street trees, and tree class.
d. The proposed Class I trees within the street buffer along W. Navigator Dr. require a
minimum planter width of 10 feet; either replace with Class II trees or widen the
parkways to 10 feet in accord with UDC 11-3A-17E.
6. The Purdam Gulch Drain is required to be improved as a water amenity as a provision of
the development agreement for Council granting a waiver to UDC 11-3A-6 to allow the
waterway to remain open.
7. Per UDC 11-1A-1, a water amenity is defined as follows: Any body of water either natural
or manmade, which either exists or is proposed to be improved as a part of the development,
in which its banks in all places adjacent to and located on said development are no steeper
than one foot (1') vertical per every four feet (4') horizontally and which has a depth and
velocity in all places adjacent to and located on said development such that the product of the
maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed four
(4). The developer shall submit construction drawings and relevant calculations
prepared by a qualified licensed professional registered in the State of Idaho to the
Planning Division and the authorized representative of the water facility for approval
that demonstrate compliance with these standards.
8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary
plat and/or development agreement does not relieve the Applicant of responsibility for
compliance.
B. Public Works - General Conditions:
1. Sanitary sewer service to this development is available via existing mains. 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 existing mains. 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
Meridian City Council Meeting Agenda November 20, 2018 – Page 160 of 370
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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.
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.
Meridian City Council Meeting Agenda November 20, 2018 – Page 161 of 370
Page 11
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, 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 wat erways,
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.
Meridian City Council Meeting Agenda November 20, 2018 – Page 162 of 370
From:Kameron Nauahi
To:Sonya Allen ; C.Jay Coles; Charlene Way ; Chris Johnson
Cc:Jon Wardle; Mike Wardle; Bill Parsons
Subject:RE: TM Crossing Sub. 3 FP H-2018-0114 Staff Report
Date:Tuesday, November 6, 2018 3:41:48 PM
Attachments:image006.png
TM Crossing Sub 3 FP H-2018-0114 Staff Report.pdf
All,
We have reviewed the attached staff report for TM Crossing Subdivision No. 3, and agree with
staff’s conditions of approval. Since we have missed the deadline for consent agenda, we ask that
staff include in their summary to council tomorrow that the applicant agrees with the conditions and
Brighton does not have any comments.
Thank you,
Kameron Nauahi | Assistant Project Manager
BRIGHTON CORPORATION
12601 W. Explorer, Suite 200 | Boise, ID 83713Direct 208.287.0504 | Cell 208.830.3629
From: Sonya Allen <sallen@meridiancity.org>
Sent: Wednesday, October 31, 2018 10:36 AM
To: C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson
<cjohnson@meridiancity.org>
Cc: Kameron Nauahi <knauahi@brightoncorp.com>; Jon Wardle <jwardle@brightoncorp.com>;
Mike Wardle <mwardle@brightoncorp.com>; Bill Parsons <bparsons@meridiancity.org>
Subject: TM Crossing Sub. 3 FP H-2018-0114 Staff Report
Attached is the staff report for the proposed final plat for TM Crossing Sub. 3. This item is scheduled
to be on the City Council agenda on Nov. 7th . 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.
Kameron - Please submit a written response to the staff report to the City Clerk’s office
(cityclerk@meridiancity.org ) and me 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,
EXHIBIT B
Meridian City Council Meeting Agenda November 20, 2018 – Page 163 of 370
Sonya Allen | Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0578
Built for Business, Designed for Living
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.
Meridian City Council Meeting Agenda November 20, 2018 – Page 164 of 370