Bainbridge Subdivision No. 3 H-2016-0039BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF THIRTY-NINE
(39) SINGLE-FAMILY
RESIDENTIAL BUILDING LOTS
AND SEVEN (7) COMMON LOTS
ON 16.38 ACRES OF LAND IN THE
R-8 ZONING DISTRICT FOR
BAINBRIDGE SUBDIVISION NO.3
BY: BRIGHTON DEVELOPMENT
APPLICANT
HEARING DATE: MAY 17, 2016
CASE NO. H-2016-0039
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on May 17, 2016 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 BAINBRIDGE SUBDIVISION NO. 3,
LOCATED IN THE SOUTHWEST/4 OF THE NORTHWEST V4 OF SECTION
27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE:
4/20/2016, JAMES R. WASHBURN, PLS, SHEET 1 OF 4," is conditionally
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 3 (H-2016-0039)
Page 1 of 3
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 May 17, 2016, a true and
correct copy of which is attached hereto marked "Exhibit A" and by this reference
incorporated herein, and the response letter from Van Elg, 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
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 3 (H-2016-0039)
Page 2 of 3
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 T day of
yUkyxe , 2016.
Tammy de eer
AUMayor, City of Meridian
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Attest: co��O STS 9�
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City of
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:
Dated: (p /EM (a
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 3 (H-2016-0039)
Page 3 of 3
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 1
STAFF REPORT
MEETING DATE: May 17, 2016
(Continued from: May 3, 2016)
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Bainbridge Subdivision No. 3 – FP (H-2016-0039)
I. APPLICATION SUMMARY
The applicant, Brighton Development, has applied for final plat (FP) approval of 39 single-family
residential building lots and 7 common lots on 16.38 acres of land in the R-8 zoning district for the
third phase of Bainbridge Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Bainbridge Subdivision No. 3 final plat subject to the conditions
noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the City Council.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2016-0039 as presented in the staff report for the hearing date of
May 17, 2016, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0039, as presented during the hearing on May 17, 2016, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0039 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at the southeast corner of N. Black Cat Road and W. Vanderbilt
Drive, in the NW ¼ of Section 27, T. 4N., R. 1W.
B. Applicant:
Van Elg, Brighton Development
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 2
C. Owner:
Dallas Hess, Inc.
6948 N. Spurwing Way
Meridian, Idaho 83646
D. Representative:
Same as Applicant
V. STAFF ANALYSIS
The proposed final plat depicts 39 single-family residential building lots and 5 common lots on 16.38
acres of land in an R-8 zoning district. The gross density of the proposed plat is 3.71 dwelling units
(d.u.) per acre with a net density of 4.66 d.u. per acre. The applicant is proposing 1.14 acres of
common area in this phase consisting of street buffers, buffers along common driveways and open
space; no amenities are proposed with this phase.
A stub street was depicted on the preliminary plat at the south boundary of this phase to Volterra
Subdivision; however, the conditions of approval noted that if a connection to the south is not
necessary as determined by the school district, an additional residential lot may be provided in its
place. A letter was submitted by the school district stating that the access is not necessary; therefore,
a building lot is proposed in its place (see Exhibit F).
Note: When the preliminary plat was approved in 2013, the maximum number of homes served by a
single point of access was 50 per International Fire Code Section D104.3; in 2015, that number
changed to 30. There are 39 homes proposed within this phase with only one point of access; because
the preliminary plat was approved under the previous code, a secondary access is not required for
the number of units proposed in this phase.
Staff has reviewed the proposed final plat for substantial compliance with the proposed preliminary
plat (PP-13-011). Because the number of buildable lots is the same and the amount of common area is
greater, staff deems the final plat to be in substantial compliance with the preliminary plat as required
by UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (AZ-05-058, Development Agreement
#106141058), rezone (RZ-13-005) and preliminary plat (PP-13-011) applications approved for
this site.
2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the
City Engineer’s signature on the phase 2 final plat, 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 The Land Group, stamped on 5/5/16 by James R. Washburn, shall be
revised as follows:
a. Include the recorded instrument numbers in Notes #18 & #19.
5. The landscape plan prepared by The Land Group, dated 4/28/16, is approved as shown in Exhibit
D.
6. The common driveways serving the lots detailed in plat note #6 shall be constructed in accord
with the standards listed in UDC 11-6C-3D.
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 3
7. A perpetual ingress/egress easement shall be filed with the Ada County recorder for all common
lots, which shall include a requirement for maintenance of a paved surface capable of supporting
fire vehicles and equipment, per UDC 11-6C-3D.9. A copy of said easement shall be submitted to
the Planning Division prior to signature on the final plat by the City Engineer.
8. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If
permanent fencing does not exist at the subdivision boundary, temporary construction fencing to
contain debris shall be installed around this phase prior to release of building permits.
9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
10. Prior to the issuance of any new building permit, the property shall be subdivi ded in accordance
with the UDC.
11. Provide an additional water main connection to the neighboring property to the southeast. Use
Install an 8-inch diameter main, and terminate with hydrant if practical. Redistribute planned
hydrants in the subdivision rather than adding extra hydrants if possible.
12. The street light plan included with the construction drawings appears to meet requirements. It is
recommended that the first Type 1 lights installed south of Vanderbuilt Dr. along Black Cat be
220' south of the existing pole on the north side. The second pole should be 400' south of the
first. Both light will need to be set back 28' from the existing centerline.
VII. GENERAL REQUIREMENTS
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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
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, and 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.
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 4
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 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. All development improvements, including but not limited to sewer, water, fencing, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy, or as otherwise allowed by UDC 11-5C-1.
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.
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. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. 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.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. 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
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 5
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 development plan approval.
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 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.
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 Central District Health for abandonment procedures and
inspections (208)375-5211.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28C1). 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.
V. EXHIIBITS
A. Vicinity Map
B. Preliminary Plat (dated: 4/30/13)
C. Proposed Final Plat (dated: 5/5/16)
D. Proposed Landscape Plan (dated: 4/28/16)
E. Common Driveway Lot Exhibit
F. Letter from Joint School District No. 2
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 6
Exhibit A – Vicinity Map
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 7
Exhibit B – Preliminary Plat (dated: 4/30/13)
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 8
Exhibit C – Proposed Final Plat (dated: 5/5/16)
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 9
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 10
Exhibit D – Proposed Landscape Plan (dated: 4/28/16)
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 11
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 12
E. Common Driveway Lot Exhibit
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 13
EXHIBIT A
Bainbridge Sub 3 – FP H-2016-0039 14
F. Letter from Joint School District No. 2