Bainbridge Sub No. 4 FP H-2016-0094
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 4 (H-2016-0094)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 6, 2016
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF THIRTY SIX (36)
BUILDING LOTS AND FOUR (4)
COMMON AREA LOTS ON 13.03
ACRES IN THE R-8 ZONING
DISTRICT FOR BAINBRIDGE
SUBDIVISION NO. 4
BY: BRIGHTON DEVELOPMENT
APPLICANT
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CASE NO. H-2016-0094
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 6, 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. 4,
LOCATED IN A PORTION OF THE SOUTHEAST ¼ OF THE NORTHWEST
¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2016,
HANDWRITTEN DATE: 8/18/2016, by AARON L. BALLARD, PLS, SHEET 1
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 4 (H-2016-0094)
Page 2 of 3
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 September 6, 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.
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 day of
1
Attest:
��Azl I
C.Yrfy Coles
City Clerk
ECit. �r a
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO.4 (H-2016-0094)
Page 3 of 3
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 1
STAFF REPORT
MEETING DATE: September 6, 2016
(Continued from August 23, 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 Subdivision No. 4 – FP (H-2016-0094)
I. APPLICATION SUMMARY
The applicant, Brighton Development, has applied for final plat (FP) approval of 36 single-family
residential building lots and 4 common lots on 13.03 acres of land in the R-8 zoning district for the
fifth phase of Bainbridge Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Bainbridge Subdivision No. 4 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-2016-0094 as presented in the staff report for the hearing date of
September 6, 2016, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0094, as presented during the hearing on September 6, 2016, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0094 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 approximately ½ mile south of Chinden Blvd. and ¼ mile east of
N. Black Cat Road, 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 Subdivision No. 4 – FP H-2016-0094 2
C. Owner:
Brighton Investments, LLC
12601 W. Explorer Dr., Ste. 200
Boise, Idaho 83713
D. Representative:
Same as Applicant
V. STAFF ANALYSIS
The proposed final plat depicts 36 single-family residential building lots and 4 common lots on 13.03
acres of land in an R-8 zoning district. The minimum property size in this phase is 10,424 square feet
(s.f.) with an average size of 11,834 s.f.
The McMullen Lateral runs along the southern boundary of this site within a 30-foot wide
prescriptive easement. 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 anticipated being on 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 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, the applicant does not feel the 15-foot wide common lot is wide enough to provide a pathway as
originally proposed as they feel it would create too narrow of a corridor between the building lots.
Therefore, the applicant would also like to locate the easement on building lots rather than a common
lot. 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 UDC (11-3A-6C) 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, unless modified by City Council at a
public hearing with notice to surrounding property owners. The applicant wishes to request such a
modification to allow the 20-foot wide easement to be located within building lots; however, because
final plat applications do not require a public hearing or notice to surrounding property owners, the
requirement cannot be waived as part of this application. Therefore, staff is including a condition of
approval that the easement be located within common lots unless otherwise waived by City Council.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP-13-011). There are a total of two additional building lots proposed in this phase within
Blocks 10 and 16 than were shown on the preliminary plat; previous phases (1-3 and Bainbridge
Park) contained the same number of building lots as shown on the approved preliminary plat. If
Council approves a modification to UDC 11-3A6C and the McMullen Lateral is allowed to be
included in an easement on building lots rather than on common lots, the amount of common area in
this phase will decrease by 0.41 of an acre. Phases 1 and 2 and Bainbridge Park contained the same
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 3
amount of common area, but Phase 3 contained more common area than shown on the approved
preliminary plat.
To ensure substantial compliance with the preliminary plat, staff recommends an updated overall site
plan/concept plat for the development that includes building lot and open space calculations
consistent with that approved with the preliminary plat is submitted with the next phase final plat
application. The overall number of building lots must be the same or fewer and qualified open space
area should be the same or greater (a minimum of 31.66 acres or 16.55%). Because additional phases
are proposed in which the building lot count and common area can be adjusted, staff deems the final
plat to be in substantial compliance with the preliminary plat as required by UDC 11-6B-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 previous phase 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 KM Engineering, stamped on 8/18/16 by Aaron L. Ballard, shall be
revised as follows:
a. Note #13: Include the recorded instrument number for the license agreement.
b. Note #14: “. . . and a portion of Lots 3-5, 9-11 and 14, Block 16. . .”
c. Include the recorded instrument number for the McMullen Lateral easement on the face of
the plat.
d. Include the recorded instrument number for the License Agreement required between the
Bainbridge HOA and the McMullan Lateral User’s Association (see condition #11 below).
e. Include a 15-foot wide common lot along the southern boundary of the site for the McMullen
Lateral in accord with UDC 11-3A-6C; unless otherwise waived by City Council at a public
hearing with notice to surrounding property owners.
f. Depict a 20-foot wide easement for the McMullen along the southern boundary of this site.
5. The landscape plan prepared by KM Engineering, dated 7/8/16, shall be revised as follows:
a. Include a 15-foot wide common lot along the southern boundary of the site for the McMullen
Lateral easement in accord with UDC 11-3A-6C; unless otherwise waived by City Council at
a public hearing with notice to surrounding property owners.
b. Depict a 20-foot wide easement for the McMullen along the southern boundary of this site.
6. Submit an updated overall site plan/concept preliminary plat with building lot and qualified
open space calculations with the next final plat application that demonstrates substantial
compliance with the preliminary plat as set forth in UDC 11-6B-3C.
7. 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.
8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 4
9. Prior to the issuance of any new building permit, the property shall be s ubdivided in accordance
with the UDC.
10. The applicant shall be required to complete the Bainbridge Park Subdivision water main
connection to Ten Mile Road, including the installation of a pressure reducing valve (PRV)
station, prior to the issuance of a Certificate of Occupancy for any homes under 3,600 square feet.
Permits will not be issued for any homes over 3,600 square feet until the above water main
connection and PRV station is completed.
11. A license agreement shall be required between the McMullen Lateral User’s Association and the
Homeowner’s Association (HOA) for Bainbridge (and Volterra North) that states the HOA for
Bainbridge Subdivision (and Volterra North) is responsible for all repairs that may be necessary
to the McMullen Lateral; the McMullen Lateral User’s Association 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.
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, 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
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 5
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. Street light plan requirements are listed in section 6-5 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 on the final plat by the City Engineer.
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 6
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 9-1-28.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 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: 8/18/16)
D. Proposed Landscape Plan (dated: 7/7/16)
E. Email from Don Brown, McMullan Lateral WUA President
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 7
Exhibit A – Vicinity Map
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EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 8
Exhibit B – Preliminary Plat (dated: 4/30/13)
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 9
Exhibit C – Proposed Final Plat (dated: 8/18/16)
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 10
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 11
Exhibit D – Proposed Landscape Plan (dated: 7/7/16)
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 12
EXHIBIT A
Bainbridge Subdivision No. 4 – FP H-2016-0094 13
Exhibit E – Email from Don Brown, McMullan Lateral WUA President
-----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