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Bainbridge Subdivision No. 10 H-2019-0075 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE NO. 10 – FP H-2019-0075 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 07/23/2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 21 BUILDING LOTS AND 6 COMMON LOTS ON 5.05 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE SUBDIVISION NO. 10 BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0075 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 23, 2019 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. 10, LOCATED IN THE SE ¼ OF THE NE ¼ OF SECTION 27, T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 5/20/2019, by AARON L. BALLARD, PLS, SHEET 1 OF 3,” is conditionally Meridian City Council Meeting Agenda August 6, 2019 – Page 107 of 400 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE NO. 10 – FP H-2019-0075 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 July 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 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Meridian City Council Meeting Agenda August 6, 2019 – Page 108 of 400 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 (per day of , 2019. By: mmy de Weerd p auc Mayor, 'ty of Meridian Attest: 00S oQST, we 0 s city of g IDIAN}— i ohn C' erk y� SEAL lFR of me TaF!�.:- Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. D-&&Ylk Lk— By: 8-(0- 20 1 q Dated: "CO" d (31 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE NO. 10 — FP H-2019-0075 Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 7/23/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0075 Bainbridge Subdivision No. 10 LOCATION: West side of N. Ten Mile Rd., approximately ½ mile south of W. Chinden Blvd./SH 20-26 in the NE ¼ of Section 27, T.4., R.1W. (Parcel #S0427141870) I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 21 building lots and 6 common lots on 5.05 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Kameron Nauahi, Brighton Corporation – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2019-0042 - Bainbridge Southeast) in accord with the requirements listed in UDC 11-6B- 3C.2. Because the number of buildable lots and common area is the same as shown on the approved STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 6, 2019 – Page 110 of 400 Page 2 preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. Note: The City Council approved a waiver (H-2016-0115) to UDC 11-3A-6D to allow the existing 20-foot wide irrigation easement along the southern boundary of the site to be located within adjacent building lots rather than in a separate common lot. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 5/7/19) Meridian City Council Meeting Agenda August 6, 2019 – Page 111 of 400 Page 3 B. Final Plat (date: 5/20/2019) Meridian City Council Meeting Agenda August 6, 2019 – Page 112 of 400 Page 4 C. Landscape Plan (dated: 5/30/19) VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2019-0042, Development Agreement #109061598). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by June 11, 2021), or apply for a time extension, 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 5/20/2019 by Aaron L. Ballard, included in Section VII.B shall be revised as follows: Face of the plat (Sheet 1): a. Include recorded instrument number for 55’ ROW depiction. Meridian City Council Meeting Agenda August 6, 2019 – Page 113 of 400 Page 5 b. Shift the shared property line between Lots 8 and 9, Block 32 to the west to allow for a 5-foot wide area for planting shrubs and trees outside of the easement in accord with UDC 11-3B- 7C.1b. References (sheet 1): c. R6: Include Book and Page numbers. Notes (Sheet 2): d. Note #17: Include recorded instrument number for ACHD sidewalk easement. e. Note #18: Include recorded instrument number for ACHD easement. f. Exclude Lot 9, Block 32 from the easement in accord with condition #4b above. 5. The landscape plan prepared by KM Engineering, dated 5/30/19, needs to be revised as follows: a. Shift the shared property line between Lots 8 and 9, Block 32 to the west to allow for a 5-foot wide area for planting shrubs and trees outside of the easement in accord with UDC 11-3B- 7C.1b; include the (4) required street trees along N. Ten Mile Rd. in this area; update the Street Tree Calculations table accordingly. b. Depict fencing along the west side of Lot 3, Block 32 to distinguish common from private areas as set forth in UDC 11-3A-7A.7. Also depict the fencing type for all fencing proposed that complies with the standards listed in UDC 11-3A-7; or, include the symbols in a legend that defines the type. c. Depict a site amenity such as a bench/seating area in the common area on Lot 8, Block 32. d. Depict the five (5) parkway trees required along N. Fairborn Ave. in the adjacent building lots where the area is encumbered by a drainage easement; update the Street Tree Calculations table accordingly. e. A 10-foot wide compacted gravel shoulder meeting the construction standards of ACHD and landscaping (lawn or other vegetative groundcover) is required to be provided along N. Ten Mile Road if the unimproved right-of-way is 10 feet or greater from edge of pavement to edge of sidewalk or property line in accord with UDC 11-3B-7C.5. A license agreement will be required with ACHD for any improvements within the right-of-way. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminar y plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The street lighting plan submitted with the application appears to comply with Meridian City Standards based on a preliminary review. Applicant shall be responsible for the cost associated with the installation of one Type streetlight, 35' in height with a 12' mast arm for the Ten Mile Road frontage. A future installation agreement will be required for this light. 2. This phase is not serviceable until such time as Bainbridge Subdivision Phase No. 8 and 9 are completed. General Conditions: 3. 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 Meridian City Council Meeting Agenda August 6, 2019 – Page 114 of 400 Page 6 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 mai ns 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. Compaction test results shall be submitted to the Meridian Building Department for all building Meridian City Council Meeting Agenda August 6, 2019 – Page 115 of 400 Page 7 pads receiving engineered backfill, where footing would sit atop fill material. 17. 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. 18. 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. 19. 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. 20. Street light plan requirements are listed in section 6-7 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. 21. 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. 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. 25. 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. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, Meridian City Council Meeting Agenda August 6, 2019 – Page 116 of 400 Page 8 crossing or laying adjacent and contiguous to the area being subdivided shall be addressed 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 117 of 400 1 Bill Parsons From:Kameron Nauahi <knauahi@brightoncorp.com> Sent:Monday, July 15, 2019 2:18 PM To:Sonya Allen; Charlene Way; Chris Johnson Cc:Bill Parsons; Jon Wardle; Mike Wardle Subject:RE: Bainbridge Sub. 10 - FP H-2019-0075 Staff Report for 7/23/19 Attachments:Bainbridge Sub 10 FP H-2019-0075 Staff Report.pdf All, We have reviewed the staff report and site specific conditions of approval for Bainbridge Subdivision No. 10. We are in agreeance with the conditions outlined, and would request that this item be placed on consent agenda. Thank you, Kameron Nauahi Cell 208.830.3629 From: Sonya Allen <sallen@meridiancity.org> Sent: Monday, July 15, 2019 2:07 PM To: Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Kameron Nauahi <knauahi@brightoncorp.com>; Bill Parsons <bparsons@meridiancity.org> Subject: Bainbridge Sub. 10 - FP H-2019-0075 Staff Report for 7/23/19 Attached is the staff report for the proposed final plat for Bainbridge Sub. 10. This item is scheduled to be on the City Council agenda on July 23rd. 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 - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org ) and me 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 Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 Built for Business, Designed for Living Meridian City Council Meeting Agenda August 6, 2019 – Page 118 of 400 2 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 August 6, 2019 – Page 119 of 400