Bainbridge Subdivision TE-10-029BEFORE THE MERIDIAN CITY COUNCIL
C/C NOVEMBER 23, 2010
IN THE MATTER OF THE
REQUEST FOR A FOURTH TIME
EXTENSION ON THE
PRELIMINARY PLAT FOR
BAINBRIDGE SUBDIVISION IN
ORDER TO OBTAIN THE CITY
ENGINEER'S SIGNATURE ON
THE FINAL PLAT, LOCATED IN
THE NORTH 1/Z OF SECTION 27,
T.4N., R.1W., MERIDIAN, IDAHO
CASE NO. TE-10-029
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
BY: BRIGHTON INVESTMENTS,
LLC
APPLICANT
This matter coming on regularly before the City Council on November 23, 2010, upon the
Applicant's submittal of a preliminary plat time extension application for a two (2) year
extension within which to obtain the City Engineer's signature on the final plat for Bainbridge
Subdivision, which preliminary plat was originally approved on April 19, 2005, as provided in
Unified Development Code § 11-6B-7C, and good cause shown.
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) year extended period of time,
until October 19, 2012, within which to obtain the City Engineer's signature on the final
plat, subject to the conditions of approval as shown in the attached Staff Report for the
hearing date of November 23, 2010, incorporated by reference.
Attached: Staff Report for the hearing date of November 23, 2010
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION (TE-10-029)
Page I of 2
By the action of the City Council at its regular meeting on the ~~ day of
1jp~P~ ~ rr , 2010.
DATED this ~ day of ~PrPm P v' , 2010.
Mayor Ta y de Weerd
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Copy served upon the AppIcaht;r Planning Department, Public Works Department, and City
Attorney.
BY: -!~~'~ ~~,~' f l.~k~ ~~-~~O Dated: ~~~ - <~'1L .
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDNISION (TE-10-029)
Page 2 of 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
HEARING DATE: November 23, 2010 E IDIAI~T~-
TO: Mayor & City Council I D A H O
FROM: Sonya Watters, Associate City Planner
SUBJECT: TE-10-029 -Bainbridge Subdivision
I. APPLICATION SUMMARY
The applicant, Brighton Investments, LLC, requests approval of a fourth time extension on the
preliminary plat for Bainbridge Subdivision in order to obtain the City Engineer's signature on a final
plat.
The subject preliminary plat consists of 389 single-family residential building lots, 22 common/other
lots, one church building lot, and one lot to be developed/re-subdivided in the future on 151.72 acres
of land.
The Applicant has been unable to meet the time requirements specified in Unified Development Code
(UDC) 11-6B-7, therefore a time extension is requested.
II. STAFF RECOMMENDATION
Staff recommends approval of a two year time extension to obtain the City Engineer's signature on a
final plat for Bainbridge Subdivision as requested by the applicant, to expire on October 19, 2012.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10-
029, as presented in the staff report for the hearing date of November 23, 2010.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-029,
as presented during the hearing on November 23, 2010 for the following reasons: (You must state
specific reasons for denial and what the applicant could to do to obtain your approval in the future.)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number TE-10-
029 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 off the southwest corner of W. Chinden Blvd. and N. Ten Mile
Road, in the north half of Section 27, Township 4 North, Range 1 West.
B. Owner:
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Same as owner
Bainbridge PP TE.doc Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
D. Contact:
Michael Wardle, Brighton Corp.
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. UNIFIED DEVELOPMENT CODE
Per UDC 11-6B-7, approval of a preliminary plat shall become null and void if the applicant fails to
obtain the City Engineer's signature on the final plat within two years of the approval of the
preliminary plat. Upon written request and filing by the applicant prior to the termination of the
allowed time period, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed 2 years. Additional time extensions up to 2 years
as determined and approved by City Council maybe granted. With all extensions, the Director or City
Council may require the plat to comply with current provisions of the UDC.
VI. PROCESS FACTS
A. The subject application is for a time extension. A public hearing is required before the City
Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: November 1, and 15, 2010
C. Radius notices mailed to properties within 300 feet on: October 28, 2010
D. Applicant posted notice on site by: November 12, 2010
VII. HISTORY OF PREVIOUS ACTIONS:
• Bainbridge Subdivision received annexation and zoning (AZ-OS-001), preliminary plat (PP-OS-
002), and conditional use permit/planned development (CUP-OS-002) approval by Council on
April 19, 2005 under the. old city code (the UDC had not yet been adopted). The CUP/PD was
valid until October 19, 2006; the PP was valid until April 19, 2006. A development agreement
was required with the annexation (Instr. No. 109061598).
An administrative time extension (TE-06-001) was approved on January 24, 2006, which
granted an 18 month time extension to record the first final plat, which was valid until October
19, 2007; and to commence the use as approved with the CUP/PD, which was valid until April
19, 2008.
A second 18 month time extension (TE-07-013) was approved by City Council on December 4,
2007 to obtain the City Engineer's signature on a final plat and commence the use approved
with the CUP/PD. The time extension was valid until April 19, 2009. As a condition of the time
extension, the applicant is required to comply with current UDC provisions regarding
development along state highways that were not in affect at the time of preliminary plat
approval. The City Council required the applicant to dedicate or preserve adequate right-of-
way from the centerline of Chinden; construct a 35 foot wide landscape buffer along the north
property line adjacent to Chinden, exclusive of any right-of--way; and construct a 10 foot wide
pathway along Chinden.
A third 18-month time extension (TE-09-014) to obtain the City Engineer's signature on a final
plat was approved by City Council on May 12, 2009 and expired on October 19, 2010. As
conditions of approval, the applicant is required to provide a minimum of 10% (15.17 acres)
open space within the development; provide a minimum of 6 amenities; and submit an updated
site/landscape plan that demonstrates compliance with the aforementioned open space & site
amenity requirements.
Bainbridge PP TE.doc Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
VIII. STAFF ANALYSIS
As noted above in Section VII, there are conditions attached with previous time extensions that the
applicant must comply with consistent with current UDC standards. Building elevations were
submitted and approved with the original AZ, PP, & CUP applications (see Exhibit A.4). Staff does
not recommend any new conditions with the subject time extension. The applicant shall comply with
all previous conditions of approval for this subdivision.
V. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Site Layout
3. Open Space Exhibit Submitted with TE-09-014
4. Approved Building Elevations
Bainbridge PP TE.doc Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.1 -Vicinity Map
Bainbridge PP TE.doc Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOR'i'
Exhibit A.2 -Approved Site Layout
Bainbridge PP TE.doc Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.3 -Open Space Exhibit Submitted with TE-09-014
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Bainbridge PP TE.doc Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.4 -Approved Building Elevations
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Bainbridge PP TE.doc Page 7