Findings for Bainbridge Church Sub FP 09-006BEFORE THE MERIDIAN CITY COUNCIL
C/C September 22, 2009
IN THE MATTER OF THE
APPLICATION OF BRIGHTON
CORPORATION, FOR FINAL PLAT
APPROVAL OF I BUILDING LOT
AND 2 COMMON LOTS ON 5.02
ACRES IN AN L-O ZONING
DISTRICT FOR BAINBRIDGE
CHURCH SUBDIVISION,
LOCATED ON THE WEST SIDE OF
N. TEN MILE ROAD,
APPROXIMATELY I/3 MILE
SOUTH OF W. CHINDEN
BOULEVARD, IN THE
NORTHEAST '/a OF SECTION 27, T.
4N., R. 1 W.
CASE NO. FP-09-006
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Unified Development Code 11-6B-3 on September 22, 2009, and the Council finding that the
Administrative Review is complete from Sonya Wafters, Associate City Planner for the Planning
Department, and Scott Steckline, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: September 22, 2009, 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:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE CHURCH SUBDNISION / (FP-09-006)
Page 1 of 4
IT IS HEREBY ORDERED THAT:
The Final Plat of "PLAT SHOWING BAINBRIDGE CHURCH SUBDIVISION
SITUATED IN THE SE '/4 OF THE NE %< OF SECTION 27, T.4N., R.1 W.,
B.M., MERIDIAN, ADA COUNTY, IDAHO 2009, HANDWRITTEN DATE:
8/24/09, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC," BRIGHTON
INVESTMENTS, LLC, OWNERS, aze Conditionally Approved subject to those
conditions of Staff comments as set forth in the Memorandum to the Mayor and
City Council from Sonya Watters, Associate City Planner for the Planning and
Zoning Department and Scott Steckline, Development Services Coordinator for
the Public Works Department, dated: Hearing Date: September 22, 2009, listing
13 SITE SPECIFIC CONDITIONS/FINAL PLAT and 18 GENERAL
REQUIREMENTS, a true and correct copy of which is attached hereto mazked
Exhibit "A", and consisting of 9 pages, and by this reference incorporated herein,
and the response letter from Mike Wardle, Brighton Corporation, a true and
correct copy of which is attached hereto mazked Exhibit "B" and consisting of 2
pages, 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:
1. The Plat dimensions aze approved by the City Engineer; and
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE CHURCH SUBDNISION / (FP-09-006)
Page 2 of 4
2. The City Engineer has verified that all off-site improvements aze completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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.
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, withintwenty-eight (28) days
after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
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By action of the City Council at its regulaz meeting held on the ~~- day
of , 2009.
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE CHURCH SUBDIVISION / (FP-09-006)
Page 3 of 4
Jaycee olman ity Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and
City Attorney.
By:_
Dated: 10 - ~'' Oel
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE CHURCH SUBDIVISION / (FP-09-006)
Page 4 of 4
EXHIBIT A
STAFF REPORT: Meeting Date: September 22, 2009
TO: Mayor & City Council E IDIAN=--
EROM: Sonya Watters, Associate City Planner
208-884-5533
Scott Steckline, Land Development Supervisor
208-898-5500
SUBJECT: FP-09-006 -Bainbridge Church Subdivision
APPLICATION SUMMARY & LOCATION
The applicant, Brighton Corporation, has applied for final plat approval of 1 building lot and 2 common area lots on
5.02 acres of land for Bainbridge Church Subdivision. The proposed subdivision is currently zoned R-8 (Medium
Density Residential); however, a request to rezone the property to L-O (Limited Office) is in process and will be
heard by City Council at the same meeting as the subject application. The property is located on the west side of N.
Ten Mile Road, approximately 1/3 mile south of W. Chinden Boulevard, in the NE'/a of Section 27, T. 4N., R. 1 W.
The City Council approved the preliminary plat (PP-OS-002) for Bainbridge Subdivision on April 19, 2005. The plat
contained 389 single-family residential building lots, 22 other/common lots, 1 church lot, and 1 lot to be developed/re-
subdivided in the future on 152.68 acres of land zoned R-8 (146.83 acres) and L-O (5.85 acres). A planned
development (CUP-OS-002) was also approved at that time for single-family homes, a future neighborhood park, and
a church with reduced minimum lot frontages, reduced minimum lot sizes, and increased maximum block length. A
development agreement was required with annexation (AZ-OS-001) of this property, recorded as Instrument No.
109061598. There have been 3 time extensions granted to obtain the City Engineer's signature on the first final plat
for this subdivision and commence the use as approved with the CUP.
This is the first final plat proposed for Bainbridge subdivision. The applicant has until October 19, 2010 to obtain the
City Engineer's signature on the final plat and commence the use approved with the CUP, as approved with the latest
time extension (TE-09-014).
Staff has reviewed the proposed final plat for consistency with the approved preliminary plat. The proposed final plat
depicts one large lot where approximately 13 single-family residential lots were originally proposed. The large lot
(Lot 2, Block I) is planned for a church. Per UDC l 1-6B-3C.2, because there are fewer building lots, the proposed
plat is determined to be in substantial compliance with the approved preliminary plat. The applicant has submitted an
overall site plan showing their plans for development of the property with the proposed changes in lot configuration
(see Exhibit E). Note: A narrow strip of R-8 zoned land exists between the subject property and the out parcel owned
by the Johnson's [o the south that is not part of the subject rezone area or the proposed final plat for this property.
This piece of land is covered by an agricultural access easement benefrtting the Johnson properly. Unless a property
boundary adjustment is approved in the future to transfer this land to the Johnson's, this area wi// need to be included
in a subsequent frnal plat as common area for the subdivision. Council should determine if this area should be
included in the subject frnal plat for the church properly.
Note: The preliminary plat for Bainbridge depicts a stub s[reet for future access to the out-parcel owned by the
Johnsons from [he south subdivision boundary. When the preliminary plat was approved, the stub street to the south
aligned with a s[ub to the north preliminary platted with Volterra subdivision. However, in 2008, a large portion of
the Vol[erra development south of [he subject property was rezoned and a revised concept plan was approved The
north easterly stub street to the north boundary shown on the Volterra concept plan that provided access to the out-
parcel now does not appear to exist. Future phases of Bainbridge will be required to provide local street access to the
Johnson properly (parcel l1,SO427142323).
STAFF RECOMMENDATION
Staff recommends approval of the Bainbridge Church Subdivision final plat subject to the conditions noted below.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council.
Bainbridge Church Sub FP.doc PAGE I
EXHIBIT A
SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved annexation (AZ-OS-001), development agreement (Instrument
#109061598), preliminary plat (PP-OS-002), and conditional use permit/planned development (CUP-OS-002)
applications for this subdivision.
2. If the City Engineer's signature has not been obtained on this final plat by October 19, 2010, the preliminary
plat shall become null and void unless a time extension is obtained in accordance with UDC 1 1-6B-7C.
3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying
acknowledgement shall be signed and notarized.
4. Revise the notes on the face of the plat prepared by James R. Washburn, stamped on August 24, 2009, prior to
signature of the final plat by the City Engineer, as follows:
City Council
approved direct access to Ten Mile Road for this site contingent upon approval and/or any restrictions by
ACHD.
b. Include the recorded instrument number for the license agreement with ACRD.
The subject property shall be subdivided prior to issuance of any building permits.
Revise the landscape plan prepared by The Land Group, dated August 11, 2009, submitted with this
application, as follows:
a. A 35-foot wide landscape street buffer is required to be constructed on the property along N. Ten Mile
Road, an arterial street and entryway corridor, per UDC Table 11-2A-6 and preliminary plat condition of
approval #5.
c. A minimum 5-foot wide detached sidewalk is required along N. Ten Mile Road; revised plan accordingly
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A 35-foot wide landscape street buffer is required along N. Ten Mile Road, an arterial street and entryway
corridor per UDC Table 11-2A-6 and preliminary plat condition of approval #5; widen Lot 1, Block 1 and the
buffer easement shown on the plat accordingly. ,
8. A minimum 5-foot wide detached sidewalk shall be constructed along N. Ten Mile Road and E. Broadbent
Drive in accordance with the standazds listed in UDC 11-3A-17. If the sidewalk is placed within the street
buffer, a permanent public pedestrian easement shall be noted on the plat.
9. A minimum 20-foot wide landscape street buffer, including a minimum 5-foot wide detached sidewalk, is
required on the north side of E. Broadbent Drive, a collector street, per preliminary plat condition of approval
#5. [f there is not adequate space for it to be provided in a future final plat within the area preliminary platted
as Bainbridge Subdivision, the buffer shall be provided upon future development of the property to the north.
10. If permanent perimeter fencing is not installed around the perimeter of the site, temporary construction
fencing is required to be installed to contain debris during construction prior to issuance of building permits.
11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United
States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact
the Meridian Postmaster, Richard Buttram, at 887-1620 for more information.
12. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention
facilities incorporated into the approved open space aze subject to UDC 11-3B-11 and shall be fully vegetated
with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space
lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated
Bainbridge Church Sub FP.doc PAGE 2
EXHIBIT A
into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate
the facility. This may require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final
construction.
13. Staffls failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the
Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross
or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval
submitted to the Public Works Department prior to plan approval. If lateral users association approval can not
be obtained, alternate plans will be reviewed and approved by the City Engineer.
2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall
be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior
to applying for building permits.
3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing,
landscaping, amenities, pressurized irzigation, sanitary sewer, water, etc., prior to signature on the final plat.
4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as
otherwise allowed by UDC 1 1-SC-l.
5. A written certificate of completion shall be prepared by the landscape azchitect, landscape designer or
qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The
Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler
installation, are in substantial compliance with the approved landscape plan.
6. The applicant shall provide a 20-foot easement for all public water/sewer mains (new or existing) outside of
public right of way (include all water services and hydrants). 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, 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.
7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees,
as determined during the plan review process, prior to any construction plan approval.
8. The applicant will be required to abandon any services that are not utilized with final construction. Contact
Meridian Public Works for requirements.
9. Compaction test results must be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be
required by the Army Corps of Engineers.
11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be
required by the Environmental Protection Agency.
12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act.
13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees,
being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not
be considered as replacement trees for those trees that have to be removed.
Bainbridge Church Sub FP.doc PAGE 3
EXHIBIT A
14. 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 Engineering Department at (208)898-5500
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 Contact Robert B. Whitney at (208)334-2190.
15. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-
4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211.
16. 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.
17. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility
within this project that do not fall under thejurisdiction of an irrigation district or the ACRD. 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.
18. 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.
EXHIIBITS
A. Zoning/Aerial Map of Subject Property
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
E. Conceptual Site Plan
Bainbridge Church Sub FP.doc PAGE 4
EXHIBIT A
Exhibit A -Zoning/Aerial Map of Subject Property
Bainbridge Church Sub FP.doc PAGE 5
EXHIBIT A
Exhibit B -Approved Preliminary Plat
Bainbridge Church Sub FP.doc PAGE 6
EXHIBIT A
Exhibit C -Proposed Final Plat
13t11NBBIDGi±, CILUINCII SUBDIVISION
LOCATED IN THE SE./4 OF THE NEi/4 OF SECTION 27, T.4N., R.7 W.. B.M.
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Bainbridge Church Sub FP.doc PAGE 7
EXHIBIT A
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Bainbridge Church Sub FP.doc PAGE 8
EXHIBIT A
Exhibit E -Conceptual Site Plan
Bainbridge Church Sub FP.doc PAGE 9
APPLICANT RESPONSE TO STAFF RECOMMENDATION
Bainbridge Church Subdivision (FP-09-006)
September 22, 2009
Conditions in dispute are highlighted in blue; applicant comments and requested actions are
highlighted in red. Conditions not in dispute are denoted by [C] for "concurrence:'
SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved annexation (AZ-OS-001), development ageement
(Instrument #109061598), preliminary plat (PP-OS-002), and conditional use pemut/planned
development (CUP-OS-002) applications for this subdivision. (C]
2. If the City Engineer's signature has not been obtained on this final plat by October 19, 2010, the
preliminary plat shall become null and void unless a time extension is obtained in accordance with
UDC 11-6B-7C. [C]
3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the
accompanying acknowledgement shall be signed and notarized. [C]
4. Revise the notes on the face of the plat prepared by James R.Washbum, stamped on August 24,
2009, prior to signature of the final plat by the City Engineer, as follows:
a. Add a note prohibiting direct lot access to N.'fen Mile Road (per UDC 11-3A-3A)
Applicant Comment: This staff-recommended condition is in direct con/lict with the
Planning and Zoning Commission's rezone application recommendation [1.2.hJ to delete
staff's proposal to prohibit access to Ten Mile Road.
Requested Action: Delete Condition 4. a.
b. Include the recorded instrument number for the license agreement with ACRD. [C]
5. The subject property shall be subdivided prior to issuance of any building permits. [C]
6. Revise the landscape plan prepazed by The Land Group, dated August 11, 2009, submitted with
this application, as follows:
a. A 35-foot wide landscape street buffer is required to be constructed on the property along N.
Ten Mile Road, an arterial street and entryway corridor, per UDC Table 11-2A-6 and
preliminary plat condition of approval #5 as modified by UDC I 1-3B-7.C.1.a.2. ~-t#e
ReauestAcfion: Modify as noted by the underline/strike-out to conform to UDC Section
11-38-7. C. l.a.l, to measure the bufferJrom the back of the ultimate curb location.
b. Direct lot access to N. Ten Mile Road is prohibited; revise landscape plan accordingly.
Requested Action: Based on the comment for Condition 4.q above, delete Condition 6. b.
c. A minimum 5-foot wide detached sidewalk is required along N. Ten Mile Road; revised plan
accordingly. [C]
Bainbridge Church Final Plat
d. Include a pedestrian pathway/access at the west and south boundaries for future
interconnectivity with the residential neighborhood, per requirement of the development
agreement approved with R7.-09-003.
Applicant Comment: The rest and south boundaries will be.fully-landscaped and fenced.
The church is concerned that the requested micro-path connections will impact its control
of the site, decrease safety, and increase liability. The sidewalks along Broadbent Drive
and Ten Mile Road will provide for safe and secure pedestrian access to the building.
Requested Action: Delete Condition 6.d.
A 35-foot wide landscape street buffer is required along N. Ten Mile Road, an arterial street and
entryway corridor per UDC Table 11-2A-6 and preliminary plat condition of approval #5 as
modified by UDC 11-3B-7.C.1.a.2.; ~°~a°°' °' ' °'°°'. ~ ,,.,a .~.° ~...er °....°.,,°....~.°...~ °...~.°
Request Action: This is the same issue cited in Condition 6.a, above. Ther%re, modify as
noted by the underline/strike-out to conform to UDC Section 11-3B-7. C. l.a.l, to measure
the buffer from the back of the ultimate curb location.
8. A minimum 5-foot wide detached sidewalk shall be constructed along N. Ten Mile Road and E.
Broadbent Drive in accordance with the standards listed in UDC 11-3A-17. If the sidewalk is
placed within the street buffer, a permanent public pedestrian easement shall be noted on the plat.
[C]
9. A minimum 20-foot wide landscape street buffer, including a minimum 5-foot wide detached
sidewalk, is required on the north side of E. Broadbent Drive, a collector street, per preliminary
plat condition of approval #5. If there is not adequate space for it to be provided in a future final
plat within the area preliminary platted as Bainbridge Subdivision, the buffer shall be provided
upon future development of the property to the north. [C]
10. If permanent perimeter fencing is not installed around the perimeter of the site, temporary
construction fencing is required to be installed to contain debris during construction prior to
issuance of building permits. [C]
11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the
United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information.
[C]
12. All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3B-11 and shall be fully vegetated with grass and trees. Sand, gavel or other non-vegetated surface
materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the
stormwater detention facility cannot be incorporated into the approved open space and still meet
the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require
losing a developable lot or developable area. It is the responsibility of the developer to comply with
ACHD, City of Meridian and all other regulatory requirements at the time of final construction.
[C]
13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not
relieve the Applicant of responsibility for compliance. [C]
The applicant has no comment on "General Requirements" items 1- 18
Bainbridge Church Final Plat