TM Crossing No. 4 FP H-2019-0085
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUBDIVISION NO. 4 (H-2019-0085)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 3, 2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF FIVE (5)
BUILDING LOTS AND TWO (2)
COMMON LOTS ON 13.31 ACRES
OF LAND IN THE C-G ZONING
DISTRICT FOR TM CROSSING
SUBDIVISION NO. 4
BY: SCS BRIGHTON, LLC
APPLICANT
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CASE NO. H-2019-0085
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 3, 2019 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. 4,
LOCATED IN A PORTION OF THE EAST ½ OF THE SOUTHWEST ¼ OF
SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN
Meridian City Council Meeting Agenda September 17, 2019 – Page 43 of 259
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUBDIVISION NO. 4 (H-2019-0085)
Page 2 of 3
DATE: 8/13/2019, by KELLY KEHRER, PLS, SHEET 1 OF 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 9/3/19, a true and correct copy
of which is attached hereto marked “Exhibit A” and by this reference incorporated
herein, and the response letter from Kody Daffer, 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
Meridian City Council Meeting Agenda September 17, 2019 – Page 44 of 259
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the I 94n day of
isM-51
Tammy de Weerd
Mayor, City of Meridian
Attest: o�QoaPTED AUGGsl,
j7 ^ City of G
City Cler �`� SEAL
Copy served upon the Applicant, Planning and Development Services Divisions of the Community
Development Department and City
Attorney.
By: &W
Dated: q
'�q-� 19
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TM CROSSING SUBDIVISION NO. 4 (H-2019-0085)
Page 3 of 3
EXHIBIT A
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 9/3/2019
TO: City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: H-2019-0085
TM Crossing Subdivision No. 4
PROPERTY LOCATION:
North side of I-84, east of S. Ten Mile
Rd., in the SW ¼ of Section 14, T.3N.,
R.1W.
I. PROJECT DESCRIPTION
The Applicant, SCS Brighton, LLC, submitted an application for a final plat consisting of five (5)
building lots and two (2) common lots on 13.31 acres of land in the C-G zoning district for the fourth
phase of TM Crossing Subdivision.
II. APPLICANT INFORMATION
A. Applicant
SCS Brighton, LLC
2929 W. Navigator Dr., #400
Meridian, ID 83642
B. Owner:
Same as Applicant
C. Representative:
Kameron Nauahi, Brighton Development, Inc.
2929 W. Navigator Dr., #400
Meridian, ID 83642
III. MERIDIAN, ID 83642 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 proposed final plat depicts fewer building lots and
approximately the same amount of common area as approved with the preliminary plat.
Meridian City Council Meeting Agenda September 17, 2019 – Page 46 of 259
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Therefore, Staff finds the proposed final plat is in substantial compliance with the approved
preliminary as required.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VII of this report.
V. EXHIBITS
A. Preliminary Plat (dated: July 16, 2012)
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B. Final Plat (dated: 8/13/19)
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C. Landscape Plan (dated: 7/3/19)
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VI. 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 third phase 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 KM Engineering, stamped on 8/13/19 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 the lot number for Lot 8 on Sheet 1.
d. Depict a 20-foot wide permanent dedicated buffer (or common lot) for street buffer
landscaping along W. Navigator Dr. consistent with that shown on the landscape
plan; and a minimum 10-foot wide permanent dedicated buffer (or common lot) for
landscaping along I-84 outside of the Purdam Drain easement in accord with UDC
Table 11-2B-3, 11-3B-7C.1b, and 11-3B-7C.2b.
e. Include a note granting cross-access/ingress-egress and parking to all properties in
the subdivision in accord with UDC 11-3A-3A.2 and preliminary plat condition
#1.2.1.3.
f. Change the north/south street name along the east boundary from W. Navigator Dr.
to S. New Market Ave.
g. Depict an emergency access easement across Lot 7, Block 3 for secondary access via
W. Verbena Dr. to the east. The driveway shall have a turning radius of 28’ inside
and 48’ outside, per IFC Section 503.2.4.
5. The landscape plan prepared by KM Engineering, dated 7/3/19 included in Exhibit C, is
approved as submitted.
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
Meridian City Council Meeting Agenda September 17, 2019 – Page 51 of 259
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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. Mini mum 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
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, wate r
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.
Meridian City Council Meeting Agenda September 17, 2019 – Page 52 of 259
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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 fr om 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
Meridian City Council Meeting Agenda September 17, 2019 – Page 53 of 259
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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.
Meridian City Council Meeting Agenda September 17, 2019 – Page 54 of 259
From:Kody Daffer
To:Sonya Allen; Kameron Nauahi; Adrienne Weatherly; Charlene Way; Chris Johnson
Cc:Jon Wardle
Subject:RE: TM Crossing Sub. 4 - FP H-2019-0085 Staff Report for Council on 9/3
Date:Thursday, August 29, 2019 2:54:32 PM
Attachments:image006.png
All
We have reviewed the revised attached staff report and analysis, and agree with the conditions of
approval. We request that this item be placed on City Council consent agenda on September 3rd.
Thank you,
Kody Daffer
Cell 208.871.3812
From: Sonya Allen <sallen@meridiancity.org>
Sent: Thursday, August 29, 2019 12:38 PM
To: Kody Daffer <kdaffer@brightoncorp.com>; Kameron Nauahi <knauahi@brightoncorp.com>;
Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>;
Chris Johnson <cjohnson@meridiancity.org>
Cc: Jon Wardle <jwardle@brightoncorp.com>
Subject: RE: TM Crossing Sub. 4 - FP H-2019-0085 Staff Report for Council on 9/3
Kody, please see the revised staff report I just sent and confirm that you’re still in agreement with
the conditions of approval. Thanks!
From: Kody Daffer <kdaffer@brightoncorp.com>
Sent: Thursday, August 29, 2019 12:31 PM
To: Kameron Nauahi <knauahi@brightoncorp.com>; Sonya Allen <sallen@meridiancity.org>;
Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>;
Chris Johnson <cjohnson@meridiancity.org>
Cc: Jon Wardle <jwardle@brightoncorp.com>
Subject: RE: TM Crossing Sub. 4 - FP H-2019-0085 Staff Report for Council on 9/3
All,
We have reviewed the attached staff report and analysis, and agree with the conditions of approval.
We request that this item be placed on City Council consent agenda on September 3rd.
Thank you,
Kody Daffer | Development Specialist
BRIGHTON CORPORATION
2929 W. Navigator Dr., Suite 400, Meridian, ID 83642
Mobile 208.871.3812
brightoncorp.com
EXHIBIT B
Meridian City Council Meeting Agenda September 17, 2019 – Page 55 of 259
From: Sonya Allen <sallen@meridiancity.org>
Sent: Thursday, August 29, 2019 11:09 AM
To: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>;
Chris Johnson <cjohnson@meridiancity.org>
Cc: Jon Wardle <jwardle@brightoncorp.com>; Kameron Nauahi <knauahi@brightoncorp.com>
Subject: TM Crossing Sub. 4 - FP H-2019-0085 Staff Report for Council on 9/3
Importance: High
Attached is the staff report for the proposed final plat for TM Crossing Sub. 4. This item is scheduled
to be on the City Council agenda on September 3rd. 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/Jon - 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,
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
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Meridian City Council Meeting Agenda September 17, 2019 – Page 56 of 259