Bainbridge Hess No. 2 H-2019-0047
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE HESS SUBDIVISION NO. 2 – MI H-2019-0047
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: APRIL 23, 2019
IN THE MATTER OF THE
REQUEST FOR COUNCIL
MODIFICATION OF UDC 11-3A-6D
WHICH REQUIRES IRRIGATION
EASEMENTS WIDER THAN 10
FEET TO BE INCLUDED IN A
COMMON LOT, FOR
BAINBRIDGE HESS SUBDIVISION
NO. 2
BY: DALLAS HESS, INC.
APPLICANT
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CASE NO. H-2019-0047
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 23, 2019 for modification to UDC
11-3A-6D which requires irrigation easements wider than 10 feet to be included in a common lot
that is a minimum of 20 feet wide and outside of a fenced area. The Applicant requests approval
for the 20-foot wide irrigation easement on Lots 4-12, Block 3, Bainbridge Hess Subdivision No.
2 to be located within adjacent building lots and not a common lot. The Council takes the
following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of “PLAT SHOWING BAINBRIDGE CONNECTION
SUBDIVISION NO. 2, LOCATED IN A PORTION OF THE WEST ½ OF THE
NORTHWEST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST,
Meridian City Council Meeting Agenda May 7, 2019 – Page 61 of 537
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE HESS SUBDIVISION NO. 2 – MI H-2019-0047
Page 2 of 3
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. 2019,
HANDWRITTEN DATE: 1/30/2019, by AARON L. BALLARD, PLS, SHEET 1
OF 4,” is approved subject to the staff report to the Mayor and City Council from
the Planning and Development Services divisions of the Community
Development Department dated April 23, 2019, 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
Meridian City Council Meeting Agenda May 7, 2019 – Page 62 of 537
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 day of
2019.
Attest: _'
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:C "An Dated: • -7-1 q
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE HESS SUBDIVISION NO. 2 — MI H-2019-0047
Page 3 of 3
EXHIBIT A
Page 1
HEARING
DATE:
4/23/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0047
Bainbridge Hess Subdivision No. 2
LOCATION: ¼ mile south of W. Chinden Blvd., east
of N. Black Cat Rd., in the NW ¼ of
Section 24, T.3N., R.1W.
I. PROJECT DESCRIPTION
Request for City Council modification of the UDC (11-3A-6D) requirement for irrigation easements
wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a
fenced area, to allow the 20-foot wide irrigation easement on Lots 4-12, Block 3, Bainbridge Hess
Subdivision No. 2 to be located within adjacent building lots and not a common lot.
II. APPLICANT INFORMATION
A. Applicant:
Dallas Hess, Inc. – 6948 Spurwing Way, Meridian, ID 83642
B. Owner:
Same as Applicant
C. Representative:
Kameron Nauahi, Brighton Corporation – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713
III. STAFF ANALYSIS
The applicant has applied for a modification, as allowed at a public hearing with notice to surrounding
property owners, to UDC 11-3A-6D which requires irrigation easements wider than 10 feet to be
included in a common lot that is a minimum of 20 feet wide and outside of a fenced area.
There is a 20-foot wide gravity irrigation easement along the eastern boundary of this subdivision (see
Section V.A). Typically, and throughout this project, there would be a 10-foot wide gravity irrigation
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda May 7, 2019 – Page 64 of 537
Page 2
easement on both sides of the shared rear lot line to create the 20-foot wide overall easement. However,
with Bainbridge Subdivision No. 2, an easement was not recorded, thus requiring the entire 20’
easement to be located on Lots 4-12, Block 3 within this phase of Bainbridge Hess Subdivision.
The Applicant requests City Council approval of a waiver to UDC 11-3A-6D to allow the easement to
be located within the specified building lots. A letter was submitted from Rod Wagner, McMullen
Lateral Water User’s Association, consenting to the easement as proposed to be located within building
lots (see Section V.A).
IV. DECISION
Staff recommends approval of the proposed modification to UDC 11-3A-6D.
Meridian City Council Meeting Agenda May 7, 2019 – Page 65 of 537
Page 3
V. EXHIBITS
A. Final Plat (dated: 1/30/19)
Meridian City Council Meeting Agenda May 7, 2019 – Page 66 of 537
Page 4
B. Consent from Irrigation District
Meridian City Council Meeting Agenda May 7, 2019 – Page 67 of 537
From:Kameron Nauahi
To:Sonya Allen
Cc:Charlene Way; Chris Johnson; Jon Wardle; Mike Wardle
Subject:Re: Bainbridge Hess Sub. 2 - MI H-2019-0047 Staff Report for 4/23 Council Mtg
Date:Friday, April 19, 2019 2:35:21 PM
Attachments:image006.png
No comments to the staff report. We agree and request the item be put on Council Agenda for
April 23rd.
Thanks Sonya!
Kameron Nauahi
Brighton Corporation
(208)830-3629
On Apr 19, 2019, at 2:11 PM, Sonya Allen <sallen@meridiancity.org> wrote:
Kameron - Please submit any written response you may have to the staff report to the
City Clerk’s office (cityclerk@meridiancity.org) and me as soon as possible.
Thanks,
Sonya Allen | Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0578
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<Bainbridge Hess Sub 2 - MI H-2019-0047 Staff Report.pdf>
EXHIBIT B
Meridian City Council Meeting Agenda May 7, 2019 – Page 68 of 537