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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 ) ) ) ) ) ) ) ) ) ) ) ) ) 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 I VQY'2YY1bQ�1� , 2018. IM Fm d l� ode 130r-t6v� QDµ1.SEDAUG`s dean ('pu►"1C11 rr �bIG�2rl� Attest: o� merUJan �Chy or w E IDIAN (baIDAHO y Colesu SEAL City Clerk 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 Page 4 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 Page 8 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 Page 9 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 Page 10 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