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TM Center No. 1 FP-2022-0009 Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 22, 2022 ORDER APPROVAL DATE: APRIL 5, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 7 BUILDING ) CASE NO. FP-2022-0009 LOTS ON 7.44 ACRES OF LAND IN ) THE C-G ZONING DISTRICT FOR ) ORDER OF CONDITIONAL TM CENTER SUBDIVISION NO. 1. ) APPROVAL OF FINAL PLAT BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on March 22, 2022 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 CENTER SUBDIVISION NO. 1, LOCATED IN A PORTION OF THE WEST '/2 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE I WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER NO. 1 FP-2022-0009 Page I of 3 1/27/2022, by AARON L. BALLARD, PLS, SHEET 1 OF 3," 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 March 22, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Josh Beach, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER NO. 1 FP-2022-0009 Page 2 of 3 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 5th day of April , 2022. By: Robert E. Simison 4-5-2022 Mayor, City of Meridian Attest: Chris Johnson 4-5-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4-5-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER NO. 1 FP-2022-0009 Page 3 of 3 Item#17. EXHIBIT A STAFF REPORTC� fE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 3/22/2022 TO: City Council TM CENTER SUB Na 1 nxuix an FROM: Sonya Allen,Associate Planner 208-884-5533 ]ENMRE[REEk- SUBJECT: FP-2022-0009 M UAI 0I�I OAl10 TM Center No. 1 PROPERTY LOCATION: f Northeast corner of S. Ten Mile Rd. & S. Vanguard Way in the NW 1/4 of Section 14,T.3N.,R.1 W. .aa n+rcasrAr I. PROJECT DESCRIPTION Final plat consisting of 7 building lots on 7.44 acres of land in the C-G zoning district for TM Center No. 1. Note: The proposed final plat is actually the fourth phase of the TM Center Subdivision preliminary plat(H-2020-0074). [TM Creek No. 5 (I st phase FP-2021-0027); TM Crossing No. 5 (2nd phase FP- 2021-0045); TMFrontline(3Yd phase FP-2021-0047)J II. APPLICANT INFORMATION A. Applicant Josh Beach,Brighton Development,Inc. —2929 W. Navigator Dr., Ste. 400, Meridian,ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0074) as required by UDC 11-613-3C.2. The proposed final plat depicts three(3)fewer buildable lots than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required by UDC 11-6B- 3C. Page 1 Page 215 Item#17. 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: May 29, 2020) TM CENTER SUBDIVISION PRELIMINARY PLAT VICINI Y MAP:I"-iW A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE VW.F"NKLINRDWEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 o ,IED..oFGRAwI,�E,N„E 0 0 j o o -- -- .m.,e- A � C O O PRELIMINARY PLAT DATA LEGEND ® © ® C Y ® ® emu [ SURVEY CONTROL N OTES OQ° ® WLM£�r ® � m.rwuse wv usa.m - nm nets�a .sn n0 vnm u TM CENTER SUBDIVISION _ MERIDIAN,IDAHO - —E—EET m,�artM� iv.w xna a-.•' ru yc'Py,cf� km mal un x d..in,�r.m.,io..m ,.I cslP,eIb P.F. �uPP. Page 2 Page 216 Item#17. B. Final Plat(dated: 1/27/22) 4 jpq.33 �E w all f I * I r�r3Ty 8 I i I I I Z f �141F� wL�2Jlr �O r■�k � � I I � � # * I 1 I I � I I I I � � r � r r I IIV1II All - I I I r: I = a � 0xs � a I * i ■ R� R R ■ t Page 3 Page 217 Item#17. — — �■x of TM Center Subdivision No.1 mlrll.uawa■11�Fs_.—..— rmelee� a ,.,�w,."r w....N f.rlse.!.«r.!�.e„14 e■.s 1..1 f M..l. -. = m.c=r.= .rA>rr F rw r r —�=.Awvw b'inas�aiu'..c� w+•ir'f iiai�w.w�cn.lr a.iroi x o.n ari.i rirr w srie r..rr i7+v+,+��+.was■+«rrr=+iarar aril. �+�QI.L IR fY1rS...".Q f Jif�1 R A 4r>1TiM NIF b Yk I �r4.r 111f�.S+�}e.r. IL as+�01 mom. _ M =W X.::wl�.[14 t'c s.wre+wrs,�a■r■.lac.as ��1 i 1�1i��.[il�la.'y[��`a�ip.'��M "�rl r.+lr..r r.l a.ee 1 1•�Rs-.w.a■+Sa1 ro�.!NFatr ilk +a.+¢,.laa K ar+.w•iirr ru.w.i a,s,.r.�r a.r�.._. ■ . o���+al.w 40lrll#Yi sle r B.waIR arx 11Yr eer ac rr�,�aa al we r.qra r r urt rr swn�.�..r iw.l rrx,ar r4�w� w. w��."���la-��■o Ian rF w.a ris r ryn .rm 11l..f!<RT.♦F+.4P.NrMR r.N�r M1 a■r i■tiF ►��+':�"�.'[T.'1`:�r�'�'��w x.[r�.ww r ua+c •[.c r ar orm m���r�a°,a I�.��s.=�.'bi�i� .■Ir■.l r N4u a.w a...a,IP,"q.a1.a Fl.a a.1Yt I laM Im t•In --lP w F V►�s..i l��.w4 il�r,r.vr....aw w.w v i..lm n,r 1 �ilr��.IT wr'��+�,}n�warw��� w�i�rr` '�Iws r 4!lNiYlfa.li.Id-.I.�b..•war�=w��rr.r�aar rS�.r v,Y.•,e��r M14TlI>•�.t.^�n r In A+F w.wr P 1«' !fir a.F..lrw d agq..l M1rS#,Ii 9 r #IPai+4F■..a}L■Ir!■�M LF�iliriiM.���..b. Ih0■�m��sRr Nr..�tl4 Rlf �N re.a•rh-r`=r�r rr I.tir,+Y q��. w sa.r r.rra.v�sran yer ea..m mar. ■.awF'�a■rr�w i 4fian...oY■a i'•i�i ii wY i Mira . �a�J `p■.�.o.Ii��.pn. ss���r��1�oro4ri�4�wr�r■.1wRpw[ice.n.n�..w.r �b�.a.s.1 1'� r�Wr d�.:•tS.�✓ai 1Q F6r+rrl IO4R��l T.�N�ol i�b 11` . y.T.` "MaF1 .ryyMy��.a�.1v1 a`" na Io.��.�..■.po�r�i�pt�n.�w.r�ww1y w�.�a{rr�r��r r�.�ya Ian 1 , r'Zi..�.' _�u=Q Ua �y.l tir a.rra r=a.brl�Mia•IiF wl.�rt s�-- ..r�i ar'Ssttsli sa+s �Il�r +Ialyr�l+4aLNL N!!NR+,r!IOW a�y�a6.4rs.Y�.a■rin.�me F.a W■ ��q.�1q a/��[,�� +�I..r��4+M"•R4..YM rF+S I.F} /RrY 8%r.l.[Y�+.�r•�.^�.$1�1�LG`F�r:4..h i I .r+rrr '�+Ya.+►a++4r4 TLII, "w�laeea[■• ..ar.rlr.++!• � d� Page 4 Page 218 Item#17. C. Landscape Plan(dated: 2/17/21) � f +a - LJ - h „ CID lA DZPE COVER 1 1� f _ r 11 1¢ p i + 1 + +P, - _ - 1 1t1 `'+`'+`+'+t+`+'+'*+�*:. LANDSCAPE P CANTING ENLARGEMENT p �E g km Page 5 Page 219 Item#17. ;k- "VT e'r,T7. a, Ps --vm. T.,.,; M. J —T IT 11 i-'-I ..�4�,ui -VA:%IT k 7 4r III 1 11 T. DECIDUOM TREE PI INGAN—ING 21 —.11�l.l I'T I U.I I I"--T "-`— —T T T %6 a.4TIiF n ..Tx e ­7 Page 6 Item#17. 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 [TM Center H-2020-0074,DA Inst. #2021-0891571. 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 previous 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 1/27/22 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Note#13: Include the recorded instrument number of the ACHD license agreement. b. References: R4—Include the recorded book and page numbers of the TM Crossing Subdivision No. 5 plat. 5. The landscape plan prepared by KM Engineering, dated 2/17/22 included in Exhibit C, is approved as submitted. 6. Submit a private street application and obtain approval for S. Innovation Ln. prior to submittal of the final plat for City Engineer signature. 7. The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement. 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 Site Specific Conditions: 1. Sewer on the southern boundary needs to run in South Vanguard Way right-of-way,not in the easement. 2. Ensure no sewer services pass through infiltration trenches. 3. Water services to properties should be 8-inch diameter main to allow for future connection. 4. Fire lines, fire hydrants, and water services should be connected outside of right-of-way; multiple connection points in right-of-way is not desirable. Installing an 8-inch water main on a property boundary line to serve two properties is acceptable. 5. All dead-end water mains must have a blow-off and two valves at the tee. 6. A streetlight plan has not been approved. The streetlights will need to be installed and operational,with approved record drawings submitted,before any form of occupancy will be granted. 7. Streetlights are required on the South Ten Mile Road frontage. Page 7 Page 221 Item#17. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 8 - Page 222 Item#17. 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 6-7 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used,or provide record of their abandonment. 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. Page 9 Page 223 Item#17. 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 addressed 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. Page 10 Page 224 EXHIBIT B From: Joshua Beach To: Sonya Allen;Adrienne Weatherly;Charlene Wav;Chris Johnson Cc: Bill Parsons Subject: RE:TM Center No. 1 FP-2022-0009 Staff Report for March 22nd City Council Meeting Date: Monday,March 14,2022 2:19:01 PM Attachments: image006.pnng External Sender-Please use caution with links or attachments. Sonya, we are in agreement with the condition of approval. Josh Beach I Assistant Project Manager-Entitlement BRIGHTON CORPORATION Brighton—Creating Great Places 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 Mobile 208.871.3812 brightoncorp.com From: Sonya Allen <sallen@meridiancity.org> Sent: Monday, March 14, 2022 11:55 AM To: Adrienne Weatherly<aweatherly@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org>;Joshua Beach <JBeach@brightoncorp.com> Subject:TM Center No. 1 FP-2022-0009 Staff Report for March 22nd City Council Meeting Attached is the staff report for the final plat for TM Center No. 1. This item is scheduled to be on the consent agenda at the City Council work session on March 22nd. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk(@meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 NfE ID� Built for Business, Designed for Living 0®©0 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. Page 225