Bainbridge Subdivision TEC-13-002.BEFORE THE MERIDIAN CITY COUNCIL
C/C APRIL 2, 2013
IN THE MATTER OF THE
REQUEST FOR A TWO YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
BAINBRIDGE SUBDIVISION IN
ORDER TO OBTAIN THE CITY
ENGINEER'S SIGNATURE ON A
FINAL PLAT, LOCATED IN
SECTION 27, T.4N., R.lE,
MERIDIAN, IDAHO
CASE NO. TEC-13-002
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
BY: BRIGHTON INVESTMENTS,
LLC
APPLICANT
This matter coming on regularly before the City Council on Apri12, 2013, 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 a 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. Time extensions (TE-06-001;
TE-07-013; TE-09-014; TE-10-029) were previously approved for this subdivision by the
Planning Director and City Council, most recently by City Council on December 7, 2010 to
expire on December 7, 2012. A final plat for Bainbridge Church Subdivision was signed by the
City Engineer on March 13, 2011 which allowed the Applicant until March 13, 2013 to obtain
the City Engineer's signature on a subsequent final plat.
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR BAINBRIDGE SUBDIVISION (TEC-13-002)
Page 1 of 2
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) year extended period of
time, until March 13, 2015, within which to obtain the City Engineer's signature on a
final plat, subject to the conditions of approval as shown in the Staff Report for the
hearing date of Apri12, 2013, incorporated by reference as Exhibit A.
Attached: Staff Report for the hearing date of Apri12, 2013
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By the action of the City Council at its regular meeting on the ~~ day of
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DATED this ~ day of , 2013
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Mayor: my de Weerd
Attest:
Jays Holman, City
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Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
B ~~' Dated:~r, ~ 11 ~ I '~
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR BAINBRIDGE SUBDNISION (TEC-13-002)
Page 2 of 2
EXHIBIT A
HEARING DATE: Apri12, 2013 E IDIAN~--
TO: Mayor & City Council I D A H O
FROM: Sonya Wafters, Associate City Planner
SUBJECT: TEC-13-002 -Bainbridge Subdivision
I. APPLICATION SUMMARY
The applicant, Brighton Investments, LLC, requests approval of a fifth time extension on the
preliminary plat for Bainbridge Subdivision in order to obtain the City Engineer's signature on the
next 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
the next final plat for Bainbridge Subdivision as requested by the applicant, to expire on March 13,
2015.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-13-
002, as presented in the staff report for the hearing date of Apri12, 2013.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-13-
002, as presented during the hearing on April 2, 2013 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 TEC-
13-002 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
Bainbridge Sub PP TEC-13-002.doc Page 1
EXHIBIT A
C. Applicant:
Same as owner
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 a final plat within two years of the approval of the preliminary
plat or the City Engineer's signature on a previous phase of development, as applicable. 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 may be 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: March 11, and 25, 2013
C. Radius notices mailed to properties within 300 feet on: March 8, 2013
D. Applicant posted notice on site by: March 21, 2013
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
Bainbridge Sub PP TEC-13-002.doc Page 2
EXHIBIT A
site/landscape plan that demonstrates compliance with the aforementioned open space & site
amenity requirements.
• A fourth time extension (TE-10-029) for two years to obtain the City Engineer's signature on a
final plat was approved by City Council on December 7, 2010.
• The Bainbridge Church Subdivision final plat (FP-09-006) was signed by the City Engineer on
March 13, 2011. Therefore, the next final plat would need to be signed by the City Engineer by
March 13, 2013, or the applicant would need to apply for another time extension. The applicant
was unable to comply with this requirement. Thus, the subject time extension request.
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). A new open
space exhibit was submitted with the time extension request in 2009 that complies with current
standards (see Exhibit A.3).
Since the last time extension request, the City's standards pertaining to installation of street lights
have changed. As a provision of the subject time extension request, staff recommends the applicant
comply with the updated standards noted in Exhibit B upon development of the site.
IV. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Site Layout
3. Open Space Exhibit Submitted with TE-09-014
4. Approved Building Elevations
B. Conditions of Approval
Bainbridge Sub PP TEC-13-002.doc Page 3
EXHIBIT A
Exhibit A.1-Vicinity Map
Bainbridge Sub PP TEC-13-002.doc Page 4
EXHIBIT A
Exhibit A.2 -Approved Site Layout
Bainbridge Sub PP TEC-13-002.doc Page 5
EXHIBIT A
Exhibit A.3 -Open Space Exhibit Submitted with TE-09-014
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Bainbridge Sub PP TEC-13-002.doc Page 6
EXHIBIT A
Exhibit A.4 -Approved Building Elevations
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Bainbridge Sub PP TEC-13-002.doc Page 7
EXHIBIT A
B. Conditions of Approval
1. The applicant shall comply with all previous conditions of approval associated with this site
including but not limited to those associated with AZ-OS-001 (Development Agreement Inst.
# 109061598); PP-OS-002; CUP-OS-002; TE-06-001; TE-07-013; TE-09-014; FP-09-006; and
TE-10-029.
2. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Street lighting is required at intersections, corners, cul-
de-sacs, and at a spacing that does not exceed that outlined in the Standards. 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.
3. The applicant shall obtain the City Engineer's signature on the next final plat for Bainbridge
Subdivision or apply for a time extension in accord with UDC 11-6B-7 prior to March 13,
2015.
Bainbridge Sub PP TEC-13-002.doc Page 8