HomeMy WebLinkAboutBainbridge Subdivision TE-09-014BEFORE THE MERIDIAN CITY COUNCIL
C/C May 12, 2009
IN THE MATTER OF THE
REQUEST FOR A THIRD 18
MONTH TIME EXTENSION TO
OBTAIN THE CITY ENGINEER'S
SIGNATURE ON A FINAL PLAT
AND TO COMMENCE THE
CONDITIONAL USE FOR
BAINBRIDGE SUBDIVISION,
LOCATED IN SECTION 27, T.4N.,
R.1W ,MERIDIAN, IDAHO
BY: Brighton Corporation
APPLICANT
CASE NO. TE-09-014
ORDER GRANTING A THIRD
EIGHTEEN MONTH TIME
EXTENSION FOR BAINBRIDGE
SUBDIVISION
This matter coming on regularly before the City Council on May 12, 2009, upon the
Applicant's submittal of a time extension application for a third eighteen month extension within
which to obtain the City Engineer's signature on the Bainbridge Subdivision Final Plat, which was
originally approved on April 19, 2005, as provided in § 11-6B-7C, and good cause shown.
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The above named Applicant is granted an additional eighteen month extended period of
time, until October 19, 2010, of this Order within which to obtain the City Engineer's
signature on a Final Plat and commence the conditional use for the above entitled
subdivision application, subject to the conditions of approval as shown in the attached Staff
Report for the hearing date of May 12, 2009 incorporated by reference.
Attached: Staff Report for the hearing date of May 12, 2009.
ORDER GRANTING A THIltD EIGHTEEN (18) MONTH TIlVIE EXTENSION FOR BAINBRIDGE
SUBDIVISION (TE-09-014)
Page 1 of 2
By the ac ion of the City Council at its regular meeting on the ~ ~~ day of
2009.
~v ~-
DATED this ~~ day of , 2009.
Mayor T y de Weerd
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Attest: ``\\~~~~~.~ OF AVER/pv9~;~~/''/
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Jayc Holman, City ~~e~ ~ ~~
Copy served upon Applicant, pi~.iitii~~''15epartment, Public Works, and the City Attorney.
BY: ~ ~ Yl(~ ~ d ~ Dated: S'.Z-- "Q°~
ORDER GRANTING A THIRD EIGHTEEN (18) MONTH TIlVIE EXTENSION FOR BAINBRIDGE
SUBDIVISION (TE-09-014)
Page 2 of 2
STAFF REPORT
• HEARING DATE: May 12, 2009
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
(208) 884-5533
SUBJECT: TE-09-014 -Bainbridge Subdivision
1. APPLICATION SUNIlVIARY
~E IDR IAN;~-
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The applicant, Brighton Corporation, has requested approval of an 18 month time extension to obtain
the City Engineer's signature on the final plat for the first phase of Bainbridge Subdivision and
commence the use approved with the CUP/PD. The subject property is located on the south side of
Chinden Boulevard and on the west side of N. Ten Mile Road near the southwest corner of Chinden
& Ten Mile.
Previous approvals for this development are:
• Bainbridge Subdivision received annexation and zoning (AZ-OS-001), preliminary plat (PP-
OS-002), and conditional use permit/planned development (CUP-OS-002) approval by Council
on April 19, 2005 under the old city code (the UDC had not yet been adopted). The CUP/PD
was valid until October 19, 2006; the PP was valid until April 19, 2006.
• An administrative time extension (TE-06-001) was approved on January 24, 2006, which
granted an 18 month time extension to record the first fmal plat, which was valid until
October 19, 2007; and to commence the use as approved with the CUP/PD, which was valid
until April 19, 2008.
• A second 18 month time extension (TE-07-013) was approved by City Council on December
4, 2007 to obtain the City Engineer's signature on a final plat and commence the use
approved with the CUP/PD. The time extension was valid until April 19, 2009; the applicant
submitted the subject time extension request prior to the expiration date as required. As a
condition of the time extension, staff recommended the applicant comply with current UDC
provisions regarding development along state highways that were not in affect at the time of
preliminary plat approval. The City Council required the applicant to dedicate or preserve
adequate right-of-way from the centerline of Chinden; construct a 35 foot wide landscape
buffer along the north property line adjacent to Chinden, exclusive of any right-of-way; and
construct a 10 foot wide pathway along Chinden.
On Apri16, 2009, the Planning Department received a written request from the applicant for a third
18 month time extension to obtain the City Engineer's signature on the final plat, in accordance with
Unified Development Code 11-6B-7C. The applicant states that they will soon be submitting the first
final plat but that it's not possible to obtain the City Engineer's signature as required prior to the
expiration date. For this reason, the applicant is unable to meet the time requirements specified in
UDC 11-6B-7 and 11-SB-6.
With all extensions, the City may require compliance with the current provisions of the UDC as a
condition for granting a time extension (UDC 11-6B-7C). Because ordinance requirements for the
amount of open space and amenities have changed since the original approval, Staff believes there are
additional conditions that should be added to those previously approved by City Council with the
preliminary plat and planned development for this subdivision (see Section 3 Analysis below).
Bainbridge Sub FP TE PAGE 1
2. UNIFIED DEVELOPMENT CODE
Per UDC 11-6B-7A, approval of a preliminary plat shall become null and void if the applicant fails to
obtain the City Engineer's signature on the fmal plat within two years of the approval of the
preliminary plat.
Per UDC 11-6B-7B, Phased Development, in the event that the development of the preliminary plat is
made in successive phases in an orderly and reasonable manner, and conforms substantially to the
approved preliminary plat, such segments, if signed by the City Engineer within successive intervals
of eighteen (18) months, may be considered for final approval without resubmission for preliminary
plat approval.
Per UDC 11-SB-6F, a conditional use permit, when granted, shall be valid for a maximum period of
18 months unless otherwise approved by the City. During this time, the applicant shall commence the
use as permitted in accord with the conditions of approval, satisfy -the requirements set forth in the
conditions of approval, and acquire building permits and commence construction of permanent
footings or structures on or in the ground.
Per UDC 11-SB-6F and UDC 11-6B-7C, time extensions maybe granted upon written request by the
applicant prior to the termination date of the plat and/or CUP/PD.
3. STAFF ANALYSIS
At the time this project was approved, MCC 12-6-3, Planned Development Standards, required a
minimum of 2 amenities be provided on the site. Per the conditions of approval of the planned
development (PD), the applicant was required to provide 10% of the site as open space (as defined in
MCC 12-13-16-3) as one amenity, and a second amenity in accordance with MCC 12-6-2A.3. The
open space originally proposed totaled 11.6 acres or 7.65% of the site; to comply with the required
10%, a total of 15.17 acres would need to be provided.
Currently, UDC (11-3G-3) requires a minimum of 10% open space be provided for all developments
over 5 acres in size along with one additional site amenity for each additiona120 acres of
development area. According to this requirement, a total of 15.17 acres of open space and 6
amenities are required to be provided (based on 151.72 acres); see UDC 11-3G-3B for open space
and 11-3G-3C for site amenity qualifications.
As a condition of approval of the subject time extension, Staff recommends this development comply
with current UDC amenity requirements in addition to the 10% open space required with the CUP/PD
as discussed above.
The applicant has provided updated calculations for the project based on the qualified open space
requirements in UDC 11-3G-3B, as follows: 7.49 acre City park, 1.31 acre neighborhood park, 0.55
acre common area, micro-paths consisting of 0.32 acre, collector street buffer consisting of 4.01
acres, local street buffers consisting of 0.93 acre, and 1.24 acre common area along the south
boundary of the subdivision (this area was not shown on the original plat), and 7.46 acres consisting
of 8-foot wide parkways, for a total of 23+ acres, which complies with and exceeds the minimum
open space requirements.
The parkways proposed by the applicant consisting of 7.46 acres, if constructed in accordance with
the standards in UDC 11-3G-3B5, amount to an additional 5% open space and may count as 1 site
amenity. The remaining 5 required site amenities shall include but not be limited to the following: 1)
Quality of life amenities such as a clubhouse, fitness facility, enclosed bike storage, public art, or
picnic area; 2) Recreation amenities such as a swimming pool, children's play structures, or sports
courts; 3) Pedestrian or bicycle circulation system amenities that are not required adjacent to public
right-of--way and that connect to existing or planned pedestrian or bicycle routes outside the
development; and 4) Provision of transit stops, park-and-ride facilities or other multi-model facilities
to encourage alternative automobile transport (iJDC 11-3G-3C).
Staff can not verify that the proposed open space complies with the qualified open space requirements
contained in UDC 11-3G-3B because curbs, sidewalks, parkways, and street trees are not shown on
Bainbridge Sub FP TE PAGE 2
the open space exhibit that was submitted with this application (see Exhibit C). In order to qualify as
open space, the parkways adjacent to local residential streets need to be 8 feet in width and planted
with 1 tree every 35 lineal feet (UDC 11-3G-3B5). Therefore, staff is recommending the applicant
submit a revised site/landscape plan that demonstrates compliance with the open space and site
amenity requirements in UDC 11-3G-3 prior to or concurrent with the first fmal plat application for
this subdivision.
Note: Building elevations were submitted and approved with the original application. Therefore, staff
is not requiring the applicant to submit new elevations as a condition of the subject time extension.
4. SiJ1VIlVIARY RECOMMENDATION
Staff is recommending approval of the requested 18 month time extension for the applicant to
obtain the City Engineer's signature on the first final plat and commence the use approved with
the CUP/PD for Bainbridge Subdivision with the conditions listed below. Staff further
recommends that the applicant comply with all previous conditions of approval of AZ-OS-001, PP-OS-
002, CUP-OS-002, TE-06-001, & TE-07-013.
1. A minimum 10% open space (15.17 acres) shall be provided within this development in
accordance with the provisions listed in UDC 11-3G-3B, Qualified Open Space.
2. A minimum of 6 amenities (in addition to the required 10% open space) shall be provided within
this development in accordance with the provisions listed in UDC 11-3G-3C.
3. An updated site/landscape plan that demonstrates compliance with the aforementioned open
space & site amenity requirements shall be submitted to the Planning Department for review prior
to or concun ent with the first residential final plat application for this subdivision.
4. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-09-
014, as presented in the staff report for the hearing date of May 12, 2009.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-09-014,
as presented during the hearing on May 12, 2009 for the following reasons: (You must state specific
reasons for denial and what the applicant could to do to obtain your approval in the future.)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number TE-09-
014 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
5. E~~ITS
a. Vicinity/Aerial Map Showing Subject Property
b. Bainbridge Subdivision Approved Site Layout
c. Revised Open Space Exhibit
Bainbridge Sub FP TE PAGE 3
A. VicinitylAerial Map Showing Subject Property
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Bainbridge Sub FP TE PAGE 4
B. Bainbridge Subdivision Approved Site Layout
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Bainbridge Sub FP TE
PAGE 6