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Bainbridge Subdivision No. 6 FP H-2017-0122 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 6 – FP H-2017-0122 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 19, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 28 SINGLE- FAMILY RESIDNETIAL BUILDNG LOTS AND 3 COMMON LOTS ON 8.07 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE SUBDIVISION NO. 6 BY: BRIGHTON DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0122 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 19, 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 of “PLAT SHOWING BAINBRIDGE SUBDIVISION NO. 6, LOCATED IN A PORTION OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 8/11/2017, by AARON L. BALLARD, PLS, SHEET 1 OF 3,” is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 6 – FP H-2017-0122 Page 2 of 3 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 19, 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 Kameron Nauahi, 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. j � By action of the City Council at its regular meeting held on the l day of dG�v car Attest: C.I[ay Cole City Clerk 2017. O�QO�P�E� AUGUST' s city or C.�►'`EIDIA IDAHO W SEAL �/ BY --mommy de -ween iCei th � r Via- City of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: 1 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 6 — FP H-2017-0122 Page 3 of 3 EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 1 STAFF REPORT MEETING DATE: September 19, 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. 6 – FP (H-2017-0122) I. APPLICATION SUMMARY The applicant, Brighton Development, has applied for final plat (FP) approval of 28 single-family residential building lots and 3 common lots on 8.07 acres of land in the R-8 zoning district for the 7th phase of Bainbridge Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Subdivision No. 6 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-2017-0122 as presented in the staff report for the hearing date of September 19, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0122, as presented during the hearing on September 19, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0122 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. 6 – FP H-2017-0122 2 D. Representative: Michael Wardle, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 28 single-family residential building lots and 3 common lots consisting of 0.50 of an acre of common area containing parkways and local street buffers on 8.07 acres of land in an R-8 zoning district. The minimum property size in this phase is 7,415 square feet (s.f.) with an average size of 9,167 s.f. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-13-011) as required by UDC 11-6B-3D.2. There is an additional stub street proposed to the property to the west at the southwest corner of the site that the applicant has recently acquired for future extension and interconnectivity; one additional building lot is proposed in Block 6; and the qualified open space is the same in this phase compared to that approved with the preliminary plat (there is an additional 0.11 of an acre of open space proposed with this phase but it isn’t “qualified”). Because the total number of building lots (316) shown on final plat applications to date has not yet exceeded the total amount approved with the preliminary plat (i.e. 552), Staff deems the proposed final plat in substantial compliance with the approved preliminary plat as required. However, at the point more building lots are proposed than were approved with the preliminary plat, lots will either need to be decreased in accord with that approved or, a new preliminary plat for the remaining area will be required. A new preliminary plat is also required for additional land that has been acquired since the preliminary plat was approved that is proposed to be included within the development. Note: Between the proposed phase and Phase 4, there are a total of 3 additional building lots than were approved with the preliminary plat (two in Phase 4 and one in the subject phase). The 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; Phases 1 and 2 were the same; and common area in the subject phase increased by 0.11of an acre. 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 development plan 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; a revised plan was submitted with this application included in Exhibit E that includes the 2.5 acre property recently acquired by the developer at the west boundary of the site. A new preliminary plat is required to be submitted for this area. The concept plan depicts a total of 573 building lots which includes 9 lots that will need to be included in a new plat which leaves 12 lots that are over the amount included in the preliminary plat. These extra lots are the result of reductions in the width of lots based on market adjustments. The applicant states they will apply for a new preliminary plat that will include the extra lots as they get closer to Ten Mile Road and the LDS Church site. 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. EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 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 8/11/17 by Aaron L. Ballard, shall be revised as follows: a. Note #13: Include the recorded instrument number. b. Please identify the purpose of the 20’ easements shown on Lots 1-2, Block 22, and Lot 1, block 23. 5. The landscape plan prepared by KM Engineering, dated 8/10/17 (stamped on 8/11/17 by Alyssa Yensen), is approved as submitted. 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 accordance 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 Community Development Department website. Please contact Land Development Service for more information at 887-2211. EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 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 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 Development 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 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 EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 5 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: 8/10/17) E. Updated Development Plan with Qualified Open Space Exhibit (dated: 8/15/17) EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 6 Exhibit A – Vicinity Map ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââ R-4 R1 RUT R-15 R-8 L-O RUT R-4R-15 R-4 R-8 R1 C-C R-4 RUT L-O R-8 R-8 L-O R-4 RUT R-4 R-8 L-O C-G C-C R-8 R-8 L-O C-N R-15 R-15 R-15 L-O R-8 R-8 L-O R-2 L-O R-8 N T E N M I L E R D W M C M IL L A N R D W CHINDEN BLVD N L O N G L A K E W A Y W CHINDEN BLVD N G O D D A R D C R E E K W A Y N B L A C K C A T R D W LOS FLORESDR N S A N V I T O W A Y W WOLF RAPIDS ST W WOLF RAPIDS DR N D A L L A S A V E WSTARHOLLOWDR N T H R E E LI N K S L N W BOULDER BAR DR N S I L V E R S P R U C E A V E N E L M S T O N E A V E W AVILLA DR N S E A C L I F F A V E W TANGO CREEK ST W SUNNY COVE ST W LOST RAPIDS D R W EVEREST ST N SE A W I N D A V E W PHILOMENA ST W LOS FLORES ST W VANDERBILT DR W TANGO CREEK DR W WAPOOT ST N J O Y W A Y N T A N G O R A P I D S W A Y N B I G C E D A R A V E N V E R C E L L I W A Y W SELWAY RAPIDS L N N E Y N S F O R D A V E W DAPHNE ST W ROOT CREEK ST W LOS FLORES ST W ANATOLE DR N J A Y K E R W A Y N RUSTIC OAK WAY N PENN C R O S S W A YWSTARHOLLOWDR NTI G N E S A V E WLOSFLORESST W D I T C H C R E E K DR N T R E E F A R M W A Y N A D A L E AV E W LOST R APIDS ST W APGAR CRE E K D R W DITCH CREEK ST W CEDAR GROVE ST W DIVIDE CREEK ST N B L A C K S A N D A V E W GONDOLA DR W ROOT CREEK ST W LADLE RAPIDS ST W CEDAR GROVE ST W VANDERBILT DR W DIVIDE CREEK ST W BAY OAK ST W KELLY CREEK DR W WAPOOT DR W APGAR CREEK LN W EVEREST LN W GRAND TETON DR W G L ADE CREEK DR W G LADE C R E EK ST N F A I R B O R N A V E W RATTLESNAKE DR W CEDAR GROVE ST W WAPOOT S T W RAVENNA ST W DAPHNE ST W RIVA CAPRI ST W SAND WEDGE S T N E X E T E R A V E N L O N I C E R A W A Y W LOS FLORES CT W MILANO ST N S I L V E R M A P L E A V E N L E V I L N N L O N G L A K E W A Y W BAY O A K S T W RAMBLIN CT W DIVIDE CREEK DR W SELWAY RIVER LN W MILANO DR W HUNGRY C R E E K D R W MALTA DR W B ALAT A C T W LARRY LN N T R E E H A V E N W A Y N D O U B L E E A G L E L N N ELISHA AVE N S A L V I A W A Y N J O Y A V E N C A R L E S E A V E N B O L S E N A A V E N A S I S S I W A Y N W H I T E C A P L N N L E V E N H A M A V E N T O S C A N A A V E N S I L V E R E L M W A Y N C O R T O N A W A Y N A R E Z Z O A V E N B L A C K S A N D A V E N L O L O P A S S A V E N L O L O P A S S W A Y NMOONDR U M M E R W A Y N E X E T E R A V E W TURI N C T N S P U R W I N G LN N MA P L E S T O N E A V E N S T A N L E Y CR E E K A V E N J O Y S T N B L A C K S A N D A V E N S P U R W I N G W A Y 4N1W21 4N1W22 4N1W23 4N1W28 4N1W27 4N1W26 4N1W33 4N1W34 4N1W35 Chinden Blvd. EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 7 Exhibit B – Preliminary Plat (dated: 8/10/17) EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 8 Exhibit C – Proposed Final Plat (dated: 8/17/17) EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 9 EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 10 Exhibit D – Proposed Landscape Plan (dated: 8/10/17) EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 11 Exhibit E: Updated Development Plan with Updated Qualified Open Space Exhibit (dated: 8/15/17) Note: Single-family lot count includes 9 lots that will be included in a new preliminary plat that were not within the boundary of the subject preliminary plat. EXHIBIT B