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Bainbridge Hess Subdivision No 1 H-2017-0133 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE HESS SUBDIVISION NO. 1 – FP H-2017-0133 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 8, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 22 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 6 COMMON LOTS ON 5.85 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE HESS SUBDIVISION NO. 1 BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0133 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 8, 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 HESS SUBDIVISION NO. 1, LOCATED IN A PORTION OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE HESS SUBDIVISION NO. 1 – FP H-2017-0133 Page 2 of 3 HANDWRITTEN DATE: 9/13/2017, by AARON L. BALLARD, PLS, SHEET 1 OF 4,” 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 November 8, 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. st By action of the City Council at its regular meeting held on the day of ,�/vVem69-1�- , 2017. CB a erd Mayor, of Meridian -U' Attest: oP r ('ily of w EIDIAN*. IDAHO C.J6y Cole m AL City Clerk�P/ SE Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: %� _ ' �-n 17 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE HESS SUBDIVISION NO. 1 — FP H-2017-0133 Page 3 of 3 EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 1 STAFF REPORT MEETING DATE: November 8, 2017 (Continued from: October 24, 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 Hess Subdivision No. 1 – FP (H-2017-0133) I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for final plat (FP) approval of 22 single- family residential building lots and 6 common lots on 5.85 acres of land in the R-8 zoning district for the first phase of Bainbridge Hess Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Hess Subdivision No. 1 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-2017-0133 as presented in the staff report for the hearing date of November 8, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0133, as presented during the hearing on November 8, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0133 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 ¼ mile south of W. Chinden Blvd. and east of N. Black Cat Rd., in the NW ¼ of Section 14, T. 3N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Dallas Hess 6948 N. Spurwing Way EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 2 Meridian, ID 83646 D. Representative: Michael Wardle, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 22 single-family residential building lots and 6 common lots on 5.85 acres of land in the R-8 zoning district. The minimum property size in this phase is 7,190 square feet (s.f.) with an average size of 7,952 s.f. This property was included in the preliminary plat for Bainbridge Subdivision (PP-13-001) and is actually the 8th phase of development of Bainbridge Subdivision (including the Bainbridge Park Subdivision final plat) but because it’s under different ownership and not contiguous to the previous phase of the Bainbridge development, the developer is phasing it in separately under the name Bainbridge Hess Subdivision. 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 are 4 additional building lots than shown on the approved preliminary plat for this phase; the amount of qualified open space is the same. With Phase 6, there was one additional building lot and with Phase 4, there were two additional building lots included on the final plats than shown on the approved preliminary plat; the first three phases, Bainbridge Park Subdivision, and phase 5 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, 2, 6 and Bainbridge Park Subdivision 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 with the 6th phase of development 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 as required (see Exhibit E). The revised plan 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 that 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. To date, there are a total of 7 additional building lots than were approved on the preliminary plat. Because the total number of building lots (338) 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. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation [AZ-05-058, Development Agreement #106141058 (Keego Springs Subdivision)] and preliminary plat (PP-13-011) applications approved for this site. EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 3 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 9/13/17 by Aaron L. Ballard, shall be revised as follows: a. Note #6: “. . . and homeowner’s association pressurized. irrigation.” b. Note #14: Include the recorded instrument number. c. Note #15: “. . .These lots are This lot is encumbered by that . . .” 5. The landscape plan prepared by KM Engineering, dated 9/13/17, shall be revised as follows: a. Depict a concrete pad at the end of the common driveways on Lots 7 and 16 no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the trash receptacles of the residences that take access from the common driveway. Please contact Bob Olson at Republic Services (345-1265) for additional information. b. Fencing is required to be constructed by the developer abutting pathways and common open space lots to distinguish common from private areas per the standards listed in UDC 11-3A-7A.7; include fencing details. Note: Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum 5-foot wide landscaped buffer; otherwise, a 5-foot wide buffer is not required per UDC 11-6C-3D. 6. The common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment; and shall be straight or provide a 28’ inside and 48’ outside turning radius of per UDC 11-6C-3D.4. 7. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment per UDC 11-6C-3D.8. 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 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. EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 4 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. 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. EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 5 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 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. EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 6 V. EXHIIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 4/30/13) C. Proposed Final Plat (dated: 9/13/17) D. Proposed Landscape Plan (dated:9/13/17) E. Updated Development Plan with Qualified Open Space Exhibit (dated: 8/15/17) F. Common Driveway Exhibit EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 7 Exhibit A – Vicinity/Zoning Map R-4 R1 RUT L-O RUT L-O C-G C-C R-8 L-O C-N R-15 L-O N T E N M I L E R D N B L A C K C A T R D Y W WOLF RAPIDS ST N D A L L A S A V E N E L M S T O N E A V E AVILLA DR W LO N S E A W I N D A V E W PHILOMENA ST W VANDERBILT DR W WAPOOT ST N J O Y W A Y N E Y N S F O R D A V E W DAPHNE ST W LOST R APIDS ST W GONDOLA DR W VANDERBILT DR W CEDAR GROVE ST W W SAND WEDGE ST N E X E T E R A V E W A Y W MILANO ST W RAMBLIN CT W W M W W LARRY LN N N S A L V I A 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 A R E Z Z O A V E A Y N EX E T E R A V E N M A P L E S T O N E A V E 4N1W27 Chinden Blvd. EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 8 Exhibit B – Preliminary Plat (dated: 4/30/13) EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 9 Exhibit C – Proposed Final Plat (dated: 9/13/17) EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 10 EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 11 Exhibit D – Proposed Landscape Plan (dated: 9/13/17) EXHIBIT A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 12 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 A Bainbridge Hess Subdivision No. 1 – FP H-2017-0133 13 Exhibit F: Common Driveway Exhibit 1 C.Jay Coles From:Kameron Nauahi <knauahi@brightoncorp.com> Sent:Thursday, October 26, 2017 9:49 AM To:Sonya Allen; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc:Jon Wardle; Mike Wardle Subject:RE: Bainbridge Hess Sub. 1 - FP H-2017-0133 Staff Report for 11/8 Council Mtg Attachments:Bainbridge Hess Sub No. 1 - FP H-2017-0133.pdf All, We are in agreement with the attached Bainbridge Hess Subdivision No. 1 final plat staff report and the recommended conditions of approval; and ask that the item be placed on the City Council’s Wednesday, November 8 th consent agenda. Thank you, Kameron Nauahi | Assistant Project Manager BRIGHTON CORPORATION 12601 W. Explorer, Suite 200 | Boise, ID 83713 Direct 208.287.0504 | Cell 208.830.3629 From: Sonya Allen [mailto:sallen@meridiancity.org] Sent: Tuesday, October 24, 2017 4:02 PM To: Barbara Shiffer <bshiffer@meridiancity.org>; C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Cc: Jon Wardle <jwardle@brightoncorp.com>; Mike Wardle <mwardle@brightoncorp.com>; Kameron Nauahi <knauahi@brightoncorp.com> Subject: Bainbridge Hess Sub. 1 - FP H-2017-0133 Staff Report for 11/8 Council Mtg Attached is the staff report for the proposed final plat for Bainbridge Hess Subdivision No. 1. This item is scheduled to be on the City Council agenda on November 8th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike - Please submit a written response to the staff report to the City Clerk’s office (mhill@meridiancity.org , cjcoles@meridiancity.org , cway@meridiancity.org , bshiffer@meridiancity.org and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks , Sonya Allen | Associate City Planner 2 City of Meridian | Community Development Department 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533|Direct: 208-489-0578|Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.