Bainbridge McMullen Lateral Easement - MI H-2016-0115CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0115 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to UDC 11-3A-6C, which Requires Irrigation
Easements Wider than Ten (10) Feet to be Included in a Common Lot that is a Minimum of 20 Feet
Wide and Outside of a Fenced Area, by Brighton Development.
Case No(s). H-2016-0115
For the City Council Hearing Date of: October 18, 2016 (Findings on November 1, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 18,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 18, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0115 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 18, 2016, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a modification to UDC 11-3A-6C is hereby approved per the Staff
Report for the hearing date of October 18, 2016, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to 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.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff Report for the hearing date of October 18, 2016
By action of the City Council at its regular meeting held on the day of 1✓o V &1)beA- ,
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED Ye
COUNCIL VICE PRESIDENT JOE BORTON VOTED Ye4
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YtA"
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED 4
COUNCIL MEMBER GENESIS MILAM VOTED I&t
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tan nri e Weer
Attest: 09-Yyor to
V c\
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-4 E jD1ANS!
S AL
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City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: G - 14/ 610 Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0115 -3 -
EXHIBIT A
Bainbridge (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.
The Meridian City Council heard these items on October 18, 2016. At the public hearing, the
Council approved the subject MI request.
a. Summary of City Council Public Hearing:
i. In favor: Van Elg
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Van Elg, Applicant’s Representative (in agreement with staff
report)
v. Staff presenting application: Caleb Hood
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Staff/Commission Recommendation
i. None
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.)
EXHIBIT A
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 2
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
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.
EXHIBIT A
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 3
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)
D. Proposed Landscape Plan (dated: 7/7/16)
E. Email from Don Brown, McMullan Lateral WUA President (dated: 8/23/16)
EXHIBIT A
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 4
Exhibit A – Vicinity Map
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EXHIBIT A
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 5
Exhibit B – Preliminary Plat (dated: 4/30/13)
McMullen
Lateral
EXHIBIT A
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 6
EXHIBIT A
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 7
EXHIBIT A
Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 8
EXHIBIT A
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