Bainbridge Sub 5 - FP H-2017-0043
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 5 – FP H-2017-0043
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MAY 23, 2017
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF TWENTY SIX (26)
SINGLE-FAMILY RESIDENTIAL
BUILDING LOTS AND FOUR (4)
COMMON AREA LOTS ON 7.56
ACRES OF LAND IN THE R-8
ZONING DISTRICT FOR
BAINBRIDGE SUBDIVISION NO. 5
BY: BRIGHTON DEVELOPMENT
APPLICANT
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CASE NO. H-2017-0043
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 25, May 2, 16 and 23, 2017 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 “PLAT OF BAINBRIDGE SUBDIVISION NO. 5, LOCATED IN
A PORTION OF THE SOUTH ½ OF THE NORTHEAST ¼ OF SECTION 27,
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE:
3/24/2017, by AARON L. BALLARD, PLS, SHEET 1 OF 3,” is conditionally
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 5 – FP H-2017-0043
Page 2 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 23, 2017, a true and
correct copy of which is attached hereto marked “Exhibit A” and by this reference
incorporated herein, and the response letter from Jon Wardle, 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
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Attest:
C.J , Coles
City Clerk
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day 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: -7/ A971
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 5 — FP H-2017-0043
Page 3 of 3
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 1
STAFF REPORT
MEETING DATE: May 23, 2017
(Continued from April 25, May 2 and 16, 2017)
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. 5 – FP (H-2017-0043)
I. APPLICATION SUMMARY
The applicant, Brighton Development, has applied for final plat (FP) approval of 26 single-family
residential building lots and 4 common lots on 7.56 acres of land in the R-8 zoning district for the
sixth phase of Bainbridge Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Bainbridge Subdivision No. 5 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-2017-0043 as presented in the staff report for the hearing date of
May 23, 2017, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2017-0043, as presented during the hearing on May 23, 2017, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0043 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 west of
N. Ten Mile Road, in the NE ¼ of Section 27, T. 4N., R. 1W.
B. Applicant:
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
C. Owner:
Same as Applicant
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 2
D. Representative:
Michael Wardle, Brighton Development
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
V. STAFF ANALYSIS
The proposed final plat depicts 26 single-family residential building lots and 4 common lots on 7.56
acres of land in an R-8 zoning district. The minimum property size in this phase is 8,328 square feet
(s.f.) with an average size of 9,762 s.f.
A total of 0.45 of an acre of open space is proposed with this phase consisting of parkways and
landscaped common lots. A micropath is proposed as an amenity.
With the final plat for Phase 4, two additional building lots were included on the plat than were
shown on the approved preliminary plat; the first three phases contained the same number of building
lots. The qualified open space in Phase 3 exceeded that shown on the approved preliminary plat,
while that in Phase 4 decreased by 0.41 of an acre; and Phases 1 and 2 were the same. Because the
number of building lots increased and the area of qualified open space decreased on previous final
plat phases, the applicant was required to submit an updated conceptual plat depicting what’s already
been platted and what is planned to be platted in future phases to ensure overall substantial
compliance with the approved preliminary plat in accord with UDC 11-6B-3C.
The applicant submitted an updated conceptual development plan with an open space exhibit for the
overall development that depicts a total of 561 building lots and 31+/- acres (or 16.2%) of open space
(see Exhibit E). Compared to the approved preliminary plat which depicts a total of 551 building lots
and 31.5 acres (or 16.5%) of open space, the updated concept plan exceeds the approved number
of building lots by 10 and is short approximately half of an acre (or 0.3%) of open space. The
shortage of open space is primarily due to the removal of the 15-foot wide open space/pedestrian
corridor along the southern boundary of the site where an irrigation easement exists that Council
approved to be placed within building lots rather than a common lot; additional common area has also
been added which helped to replace this area.
The applicant anticipates the 10 excess building lots will either be deleted through future phases, or
be included in a new preliminary plat with another 2.5 acre parcel in the north central area of the
development which the applicant is trying to acquire. The shortage of open space can also be
addressed at that time, although staff finds it in substantial compliance with that shown on the
approved preliminary plat.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP-13-011). Because the number of building lots and common area in this phase is the same as
shown on the preliminary plat staff finds the proposed plat to be in substantial compliance as required
by the UDC.
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 (by September 20, 2018), in accord
with UDC 11-6B-7.
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 3
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 3/24/17 by Aaron L. Ballard, shall be
revised as follows:
a. Note #14 includes Lot 10, Block 9 as having an ACHD storm water drainage system but it
doesn’t appear that it does; revise accordingly.
b. Correct street names to comply with the March 22, 2017 Ada County Street Name Review.
5. The landscape plan prepared by KM Engineering, dated 3/24/17, shall be revised as follows:
a. Where an ACHD storm drainage easement exists that would preclude trees from being
planted within the parkway, trees should be planted in the front yard of the adjacent building
lot; include a note accordingly.
6. 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.
7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
8. Prior to the issuance of any new building permit, the property shall be subdivided in accor dance
with the UDC.
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. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
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
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 4
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
Community Development Department website. Please contact Land Devel opment Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
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
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 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 signature of the final plat by the City Engineer.
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 Water Department at
(208)888-5242 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.
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 the Central District Health Department for abandonment
procedures and inspections.
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: 3/24/17)
D. Proposed Landscape Plan (dated: 3/24/17)
E. Updated Development Plan with Qualified Open Space Exhibit (dated: 5/15/17)
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 6
Exhibit A – Vicinity Map
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EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 7
Exhibit B – Preliminary Plat (dated: 4/30/13)
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 8
Exhibit C – Proposed Final Plat (dated: 3/24/17)
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 9
Exhibit D – Proposed Landscape Plan (dated: 3/24/17)
EXHIBIT A
Bainbridge Subdivision No. 5 – FP H-2017-0043 10
Exhibit E: Updated Development Plan with Updated Qualified Open Space Exhibit (dated: 5/15/17)
EXHIBIT B
Sonya Allen
From: Jon Wardle <jwardle@brig htoncorp.com>
Sent: Friday, May 19, 2017 3:21 PM
To: Sonya Allen
Cc: Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill; Mike Wardle; Kameron Nauahi
Subject: RE: Bainbridge Sub. 5 - FP H-2017-0043
Attachments: Bainbridge Sub 5 - FP H-2017-0043 Staff Report.pdf
Sonya,
We are in agreement with the conditions of approval, and ask that it be placed on the consent agenda.
Thank you.
Jon Wardle
Brighton Corporation I www.brightoncorp.com
Direct 208.287.0518 1 Cell 208.871.9361
Email jwardle@brightoncorp.com
From: Sonya Allen[mailto:sallen@meridiancity.org]
Sent: Friday, May 19, 2017 3:04 PM
To: Jon Wardle
Cc: Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill
Subject: Bainbridge Sub. 5 - FP H-2017-0043
Importance: High
Jon,
Please review the attached staff report and let me know if you're in agreement with the conditions of approval.
Thanks,
Sonya Allen I Associate City Planner
City of Meridian I Community Development Department
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-55331 Direct: 208-489-05781 Fax: 208-489-0578
(:>lr''E IL
Built for Business, Designed for Living
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