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Bainbridge Subdivision No. 7 H-2018-0022 FP BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 17, 2018 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 47 BUILDING LOTS AND 10 COMMON LOTS ON 13.43 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE SUBDIVISION NO. 7 BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 17, 2018 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. 7, LOCATED IN A PORTION OF THE NE ¼ OF THE NW ¼ , SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: 2/15/2018, by AARON L. BALLARD, PLS, SHEET 1 OF 4,” is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE NO. 7 – FP H-2018-0022 Page 1 of 3 Meridian City Council Meeting Agenda May 1, 2018 – Page 35 of 250 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 April 17, 2018, 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE NO. 7 – FP H-2018-0022 Page 2 of 3 Meridian City Council Meeting Agenda May 1, 2018 – Page 36 of 250 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 2018. Q0- ED ALG USl O� v w ally„ r E IDIAN- Atte st: IDAHO SEAL Ofthe TREPSJ�� City Clerk y� Tammy d erd Mayor, Ci of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: (Q r Dated ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE NO.7 — FP H-2018-0022 Page 3 of 3 5-I-cl�()I EXHIBIT A STAFF REPORT MEETING DATE: April 17, 2018 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. 7 – FP (H-2018-0022) I. APPLICATION SUMMARY The applicant, Brighton Corporation, has applied for final plat (FP) approval of 47 single-family residential building lots and 10 common lots on 13.43 acres of land in the R-8 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Subdivision No. 7 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-2018-0022 as presented in the staff report for the hearing date of April 17, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0022, as presented during the hearing on April 17, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0022 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 at the southwest corner of W. Chinden Blvd. and W. Lost Rapids Dr., in the NW 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 Bainbridge Subdivision No. 7 – FP H-2018-0022 1 Meridian City Council Meeting Agenda May 1, 2018 – Page 38 of 250 EXHIBIT A D. Representative: Michael Wardle, Brighton Development, Inc. 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 47 single-family residential building lots and 10 common lots on 13.43 acres of land in the R-8 zoning district. The minimum property size in this phase is 6,541 square feet (s.f.) with an average size of 8,293 s.f. This phase is actually the 9th phase of development of the preliminary plat for Bainbridge including the final plats for Bainbridge Park and Bainbridge Hess Subdivisions. 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. One additional building lot is proposed in Block 24; and the qualified open space is the same in this phase compared to that approved with the preliminary plat (there is some additional open space, 0.24 of an acre, proposed within this phase but it isn’t “qualified”). Site amenities were required to be provided for the overall development with the preliminary plat but a detailed exhibit showing the location of these amenities was never provided. To ensure compliance with the preliminary plat, staff recommends the applicant submit a detailed plan with the next final plat application for the overall development that depicts locations and details of amenities proposed in accord with that required with the preliminary plat. Because the total number of building lots (363) 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. Note: Between the proposed phase, Phases 4, 6 and 7, and Bainbridge Hess subdivision there are a total of nine (9) additional building lots than were approved with the preliminary plat [two (2) in Phase 4, one (1) in Phase 6, one (1) in Phase 7, four (4) in Bainbridge Hess subdivision and one (1) in the subject phase]. The open space in Phases 1, 2, 6, Bainbridge Park and Bainbridge Hess was the same; the open space in Phase 3 exceeded that shown on the approved preliminary plat; the open space in Phase 4 decreased by 0.41 of an acre; the open space in Phase 7 and the subject phase increased by 0.11 and 0.24 of an acre respectively but did not count toward “qualified” open space. Because the number of building lots have increased and the area of qualified open space has decreased thus far, the applicant was required to submit an updated development/concept plan with the previous final plat application depicting the number of platted building lots and qualified open space to date and that planned to be platted in future phases to ensure overall substantial compliance with the approved preliminary plat in accord with UDC 11-6B-3C (see Exhibit E). The plan was not updated to include the additional and reconfigured lots in this phase. Staff recommends an updated version of this plan is submitted with each subsequent final plat application. This plan (in Exhibit E) includes the 2.5 acre property recently acquired by this developer at the west boundary of Phase 6 that was previously included in the Trilogy Subdivision preliminary plat; a new preliminary plat may be required for that area or it may be included as a future phase of this development (while still under the Trilogy preliminary plat approval), as determined by H-2018- 0024. This area shouldn’t be included within the development area shown in Exhibit E as it wasn’t included in the preliminary plat boundary of Bainbridge Subdivision. Without these lots, there are Bainbridge Subdivision No. 7 – FP H-2018-0022 2 Meridian City Council Meeting Agenda May 1, 2018 – Page 39 of 250 EXHIBIT A still 12 more lots that were approved with the Bainbridge preliminary plat which were created from reductions in the width of lots based on market adjustments. The applicant plans to apply for a new preliminary plat to accommodate the extra number of 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. 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 2/15/18 by Aaron L. Ballard, shall be revised as follows: a. Note #15: Include the recorded instrument number. b. Add a note stating that direct lot access to W. Chinden Blvd. and N. Tree Farm Way is prohibited. c. Include the recorded instrument numbers on the face of the plat for the 10’ and 25’ lateral easements. d. Under References, complete note #R7. e. Widen the frontage of Lot 33, Block 23 to a minimum of 30 feet measured as a chord measurement, as set forth in UDC 11-2A-3B.1. 5. The landscape plan prepared by KM Engineering, dated 2/15/18, shall be revised as follows: a. Widen the frontage of Lot 33, Block 23 to a minimum of 30 feet measured as a chord measurement as required above in condition #4e. b. If the unimproved street right-of-way along Chinden is 10 feet or greater from the edge of pavement to property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5; depict accordingly. 6. A public pedestrian easement is required to be submitted to the Planning Division for the multi- use pathway within the street buffer along W. Chinden Blvd. prior to signature on the final plat by the City Engineer; coordinate the details of the easement with Kim Warren, Pathways Project Manager, Park’s Department (208-888-3579). 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. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. Bainbridge Subdivision No. 7 – FP H-2018-0022 3 Meridian City Council Meeting Agenda May 1, 2018 – Page 40 of 250 EXHIBIT A 10. The common driveways on Lots 15 and 22, Block 23 shall be constructed in accord with the standards listed in UDC 11-6C-3D. 11. The street light plan submitted as part of the development plan, appear to meet city requirements based on a preliminary review. The developer shall enter into a Future Installation Agreement for the required street lights on Chinden Blvd. Contact the Transportation and Utility Coordinator for more information. 12. An updated version of the development/concept plan for the overall development included in Exhibit E shall be submitted with each subsequent final plat phase of development to ensure substantial compliance with the preliminary plat as required by UDC 11-6B-3D.2. 13. A site amenity exhibit shall be submitted with the next final plat phase of development that depicts the type and location of amenities proposed for the overall development that complies with that required with the preliminary plat. 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. 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 Bainbridge Subdivision No. 7 – FP H-2018-0022 4 Meridian City Council Meeting Agenda May 1, 2018 – Page 41 of 250 EXHIBIT A 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 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. Bainbridge Subdivision No. 7 – FP H-2018-0022 5 Meridian City Council Meeting Agenda May 1, 2018 – Page 42 of 250 EXHIBIT A 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: 2/15/18) D. Proposed Landscape Plan (dated: 2/15/18) E. Updated Development Plan with Qualified Open Space Exhibit (dated: 8/15/17) F. Common Driveway Exhibit Bainbridge Subdivision No. 7 – FP H-2018-0022 6 Meridian City Council Meeting Agenda May 1, 2018 – Page 43 of 250 EXHIBIT A Exhibit A – Vicinity Map Bainbridge Subdivision No. 7 – FP H-2018-0022 7 Meridian City Council Meeting Agenda May 1, 2018 – Page 44 of 250 EXHIBIT A Exhibit B – Preliminary Plat (dated: 8/10/17) Bainbridge Subdivision No. 7 – FP H-2018-0022 8 Meridian City Council Meeting Agenda May 1, 2018 – Page 45 of 250 EXHIBIT A Exhibit C – Proposed Final Plat (dated: 2/15/18) Bainbridge Subdivision No. 7 – FP H-2018-0022 9 Meridian City Council Meeting Agenda May 1, 2018 – Page 46 of 250 EXHIBIT A Exhibit D – Proposed Landscape Plan (dated: 2/15/18) Bainbridge Subdivision No. 7 – FP H-2018-0022 10 Meridian City Council Meeting Agenda May 1, 2018 – Page 47 of 250 EXHIBIT A Exhibit E: Updated Development Plan with Updated Qualified Open Space Exhibit (dated: 8/15/17) Note: The plan below was not updated with this application to reflect reconfiguration of lots/open space in this phase. Note: Single-family lot count includes 9 lots that were included in the preliminary plat for Trilogy Subdivision that were obtained by this developer that were not within the boundary of the subject preliminary plat. Bainbridge Subdivision No. 7 – FP H-2018-0022 11 Meridian City Council Meeting Agenda May 1, 2018 – Page 48 of 250 EXHIBIT A Exhibit F: Common Driveway Exhibit Bainbridge Subdivision No. 7 – FP H-2018-0022 12 Meridian City Council Meeting Agenda May 1, 2018 – Page 49 of 250 From:Sonya Allen To:Bill Parsons Subject:FW: Bainbridge Sub. 7 - FP H-2018-0022 Staff Recommendation to Council for 4/17 Date:Thursday, April 12, 2018 1:15:04 PM Fyi…   From: Sonya Allen Sent: Thursday, April 12, 2018 1:06 PM To: 'Kameron Nauahi'; C.Jay Coles; Charlene Way; Chris Johnson Cc: Mike Wardle; Jon Wardle Subject: RE: Bainbridge Sub. 7 - FP H-2018-0022 Staff Recommendation to Council for 4/17 Thanks  Kameron! Clerk – As  requested, please place this on the  consent agenda. thx   From: Kameron Nauahi [mailto:knauahi@brightoncorp.com ] Sent: Thursday, April 12, 2018 1:05 PM To: Sonya Allen; C.Jay Coles; Charlene Way; Chris Johnson Cc: Mike Wardle; Jon Wardle Subject: RE: Bainbridge Sub. 7 - FP H-2018-0022 Staff Recommendation to Council for 4/17 All,   We have reviewed the revised staff report for the Bainbridge Subdivision No. 7 final plat and concur with the recommended conditions of approval. Therefore, we request that it be placed on the City Council’s April 17th Consent Agenda. Thanks, 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: Thursday, April  12, 2018 12:39  PM To: C.Jay  Coles  <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris  Johnson <cjohnson@meridiancity.org> Cc: Kameron Nauahi <knauahi@brightoncorp.com>; Mike  Wardle <mwardle@brightoncorp.com > Subject: Bainbridge Sub. 7 - FP  H-2018-0022 Staff Recommendation  to Council  for  4/17 Attached  is the  staff report for  the  proposed  final plat for  final plat for Bainbridge  Sub. 7. This item  is scheduled  to be  on the City  Council  agenda  on April 17 th . 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.   Kameron/Mike  - Please  submit  a written response to  the  staff report to the City  Clerk’s Meridian City Council Meeting Agenda May 1, 2018 – Page 50 of 250 office  (cjcoles@meridiancity.org, cway@meridiancity.org , cjohnson@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   City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org 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. Meridian City Council Meeting Agenda May 1, 2018 – Page 51 of 250