HomeMy WebLinkAboutCC - Staff ReportBainbridge (McMullen Lateral Easement) – MI H-2016-0115 1
STAFF REPORT
MEETING DATE: October 18, 2016
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Bainbridge (McMullen Lateral Easement) – MI (H-2016-0115)
I. APPLICATION SUMMARY
The applicant, Brighton Development, has applied for a modification to UDC 11-3A-6C, which
requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of
20 feet wide and outside of a fenced area. See Staff Analysis is Section V for more information.
II. STAFF RECOMMENDATION
Staff recommends approval of the Applicant’s request per the analysis included in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2016-0115 as presented in the staff report for the hearing date of
October 18, 2016, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0115, as presented during the hearing on October 18, 2016, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0115 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for co ntinuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject easement is located ½ mile south of W. Chinden Blvd. and ¼ mile east of N. Black
Cat Road and extends east to N. Ten Mile Road, in Section 27, T. 4N., R. 1W.
B. Applicant:
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
C. Owner:
Brighton Investments, LLC
12601 W. Explorer Dr., Ste. 200
Boise, Idaho 83713
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 2
D. Representative:
Van Elg, Brighton Development
12601 W. Explorer Dr., #200
Boise, ID 83713
V. STAFF ANALYSIS
The applicant has applied for a modification, as allowed at a public hearing with notice to
surrounding property owners, to UDC 11-3A-6C which requires irrigation easements wider than 10
feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area.
The McMullen Lateral runs along the southern boundary of this site within a 30-foot wide
prescriptive easement (see Exhibit A.2). When the preliminary plat for Bainbridge was approved in
2013, the lateral was proposed to be piped and half of the easement contained within a 15 -foot wide
common lot on this property with the other half within a 15-foot wide common lot on the adjacent
development to the south (Volterra North). This was purportedly agreed upon by the subject
developer and the owner at that time of the property to the south. A pathway was proposed to be
constructed as an amenity within the common lot for pedestrian access to the school site to the west.
Since that time, ownership of the property to the south has changed. Staff recently met with the
applicant, property owner to the south and the User’s Association for the McMullen Lateral to discuss
the location of the easement between the two developments. The applicant agreed to absorb 20 feet of
the easement with the main gravity pipe at the 10 foot mark; and the adjacent developer agreed to
absorb the remaining 10 feet of the easement within building lots on the Vicenza (fka Volterra)
property. The Users Association for the lateral agreed to allow the easement to be located within
building lots provided that the Homeowner’s Associations for both developments are responsible for
all repairs via a license agreement (see email in Exhibit E).
Because the adjacent developer does not intend to include the 10-foot wide easement in a common
lot, staff and the applicant does not feel a 15-foot wide common lot is wide enough to provide a
pathway as originally proposed as it would create a narrow corridor between the building lots.
Therefore, the applicant would like to locate the easement on building lots rather than within common
lots. In lieu of the pathway, the applicant proposes that the swimming pool in phase 2 that was not
part of the original approval be allowed to replace the pathway as an amenity. Staff supports the
proposed replacement amenity.
The proposed modification only applies to the portion of the McMullen Lateral that runs east/west
along the southern boundary of Bainbridge Subdivision that is depicted on the approved preliminary
plat in a common lot. The portions of the lateral that were re-routed through the development that
were shown within an easement are allowed to remain in such as an entitlement of the preliminary
plat.
While staff feels the best location for the easement is within a common lot(s) for maintenance
purposes, because the Users Association is in favor of the proposal, staff also supports the request.
The CCR’s for the proposed development should clearly state the maintenance responsibilities
and planting/building restrictions for the lots affected by the easement.
VI. EXHIIBITS
A. Vicinity Map
B. Preliminary Plat (dated: 4/30/13)
C. Proposed Final Plat (dated: 8/18/16)
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 3
D. Proposed Landscape Plan (dated: 7/7/16)
E. Email from Don Brown, McMullan Lateral WUA President (dated: 8/23/16)
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 4
Exhibit A – Vicinity Map
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Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 5
Exhibit B – Preliminary Plat (dated: 4/30/13)
McMullen
Lateral
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 6
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 7
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 8
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 9
Exhibit E – Email from Don Brown, McMullan Lateral WUA President (dated: 8/23/16)
-----Original Message-----
From: Don and Angie Brown [mailto:beaverbrown4@gmail.com]
Sent: Tuesday, August 23, 2016 9:04 AM
To: Bill Parsons; Bruce Freckleton
Cc: Mark Phillips; Mike Siron; Jeanette Johnson; Rod Wagner
Subject: McMullen Lateral
Good morning Bill and Bruce,
This letter is to confirm the following:
The McMullen lateral has a 30 foot easement for development purposes along the lateral.
Volterra and Bainbridge subdivisions are developing along the lateral with adjacent properties.
Bainbridge has agreed to absorb 20 feet of this easement with the main gravity pipe at the 10 foot mark.
Volterra with absorb 10 feet of this easement. They will be running pressurized irrigation.
We are allowing this development on buildable lots along the lateral by both subdivisions with the
understanding that the HOA's of the new developments will be responsible for all repairs and both
developers will be placing this verbiage in their license agreements. The McMullen will not be
financially responsible for any repairs, if needed, and said repairs will not preclude any member of the
WUA from receiving their allotment of water.
If you need any additional information from me, do not hesitate to ask.
Regards,
Don Brown
McMullen Lateral WUA President