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Bainbridge Subdivision No. 2 FP-13-042BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 93 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 24 COMMON/OTHER LOTS ON 42.81 ACRES IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE SUBDIVISION N0.2 BY: BRIGHTON INVESTMENTS, LLC APPLICANT HEARING DATE: DECEMBER 17, 2013 CASE NO. FP-13-042 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 17, 2013 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 Division and Public Works 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: The Final Plat of "PLAT SHOWING BAINBRIDGE SUBDIVISION NO. 2, LOCATED IN THE NORTH %2 OF SECTION 27, T.4N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2013, HANDWRITTEN DATE: 11/13/13, JAMES R. WASHBURN, PLS, SHEET 1 OF 6," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDNISION N0.2 (FP-13-042) Page 1 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 Division and Development Services division of the Community Development Department dated December 17, 2013, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Mike Wardle, 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 TAHINGS 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 SUBDNISION N0.2 (FP-13-042) Page 2 of 3 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 1 ~~ day of 2013. ~~ By: Tammy de e d Mayor, Ci Meridian ,C7Sr~7•~, rnT~ ~,~ a s+~A ~~`„~. .. Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. -~. ~---- By: ; ~ ~, ' Dated: ~ `~ ~1.~ ~ __ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 2 (FP-13-042) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: December 17, 2013 E IDIAN~-- TO: Mayor and City Council I D A H O FROM: Sonya Wafters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP-13-042 -Bainbridge Subdivision No. 2 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for final plat (FP) approval of 93 single- family residential building lots and 24 common other lots on 42.81 acres of land in the R-8 zoning district for the second phase of Bainbridge Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Subdivision No. 2 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 FP-13-042 as presented in the staff report for the hearing date of December 17, 2013, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-13-042, as presented during the hearing on December 17, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-13-042 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 on the south side of Chinden Boulevard, midway between N. Ten Mile and N. Black Cat Roads, in the N. '/2 of Section 27, T. 4N., R. 1 W. B. Applicant: Mike Wardle, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 Bainbridge Sub2 FP-13-042 EXHIBIT A C. Owner: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 D. Representative: Same as applicant V. STAFF ANALYSIS The proposed final plat depicts 93 single-family residential building lots and 24 common/other lots on 42.81 acres of land in an R-8 zoning district. The gross density of the proposed plat is 2.17 dwelling units (d.u.) per acre with a net density of 3.64 d.u. per acre. The applicant is proposing 3.55 acres of common area consisting of street buffers and open space. A bocce ball court and horseshoe pits are proposed as amenities in the large common area on Lot 1, Block 14. Staff has reviewed the proposed final plat for substantial compliance with the proposed preliminary plat (PP-13-011). Because the number of buildable lots and common open space is the same, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11- 6B-3C.2. Water Service: Bainbridge Subdivision Phase 1 contained 42 building lots; however it was approved with a restriction to a maximum of 24 building lots. This restriction was primarily due to the remote location of the development with relation to existing water service. Phase 1 was essentially on the end of a single, long dead end main. The lack of redundant water mains, and water quality were the main qualifying factors leading to the restriction. As proposed, this phase builds on the concerns of Phase 1. This application adds an additiona194 building lots, and the applicant has not presented a plan for a redundant water supply main. Phase 1 and Phase 2 together equals 136 building lots. When the Public Works Department performed a computer model analysis of Phase 2, it also became evident that in addition to the previous qualifying factors, the city would not be able to provide the minimum required fire flow. To resolve these concerns the applicant must provide a second water main connection that provides adequate redundancy and fire flow. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-OS-058), 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 phase 1 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 The Land Group, stamped on November 13, 2013 by James R. Washburn, shall be revised as follows: a. Include the recorded instrument numbers in Notes #7 & #14. b. Add a note stating that this subdivision is subject to a development agreement recorded as Instrument No. 109061598. Bainbridge Sub2 FP-13-042 2 EXHIBIT A c. The street frontage for lots accessed b_y common driveways shall be in compliance with the current UDC standard in effect at the time of signature by the City Engineer on the final plat. 5. The landscape plan prepared by The Land Group dated November 15, 2013, is approved as submitted. 6. The common driveways serving the lots detailed in plat note #6 shall be constructed in accord with the standards listed in UDC 11-6C-3D. 7. A perpetual ingress/egress easement shall be filed with the Ada County recorder for all common lots, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment, per UDC 11-6C-3D.9. A copy of said easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 8. 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. 9. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 11. - - k~e~g-se~Fed-~re~t~-~s~tgle-~ater~.~tri~r-se~~ .. D„'~~:^ ~x~^,.~~s~~~Pe~;~-moo ,:a°~ °a°^~~°+° ~°a~•^a°~°•~ °~a ~-'° r'^~~~. The proposed development will not have adequate fire flow when attached as proposed to the current water distribution system. Offsite improvements must be made by the developer or others to provide fire flow. No building permits shall be issued until the City Engineer determines through modeling or field tests that adequate fire flow is available for the entire development. VII. GENERAL REQUIltEMENTS Sanitary sewer service to this development is available via extension from the existing mains in N. Black Cat Road. 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 from the existing main in N. Black Cat Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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. Bainbridge Sub2 FP-13-042 EXHIBIT A 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. 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 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 11-12-3H. 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. 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, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not Bainbridge Sub2 FP-13-042 EXHIBIT A 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. 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, 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. 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 Engineering Department at (208)898-5500 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 Contact Robert B. Whitney at (208)334-2190. 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 Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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, asingle-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 signature on the final plat by the City Engineer. V. EXHIIBITS A. Vicinity Map B. Preliminary Plat (dated: 4/30/13) C. Proposed Final Plat (dated: 11/13/13) D. Proposed Landscape Plan (dated: 11/15/13) E. Common Driveway Lot Exhibit Bainbridge Sub2 FP-13-042 EXHIBIT A Exhibit A -Vicinity Map NOT FOR ~~ CONSTRUCTION b~ VICINITY MAP ~,.~ ~ ~ `II3E CROUP '~ n• :.,: <.~. E~. ~ ~ ~~ ~~ BAINBRIDGE SUBDIVISION ;,~;;~ ~, E" ~~~~ F: .. , _ EXHIBIT '~"~ ~M. u~.. r v,~~ r-~~uru~ ~.rb M£RIDIAV 1CAH'~ Bainbridge Sub2 FP-13-042 EXHIBIT A Exhibit B -Preliminary Plat (dated: 4/30/13) Bainbridge Sub2 FP-13-042 7 EXHIBIT A Exhibit C -Proposed Final Plat (dated: 11/13/13) ~~ ,sai'6` azk szs 898 82) ". ~ - I I ~I YI • Cure Tatty SEOIEk£ n Lwow ars tWS115 ,m.m oEL1R rnY# nl eie a1mr. nt lnl .iW.re~ a hens aW.fs +~# >rkTKr 1xin tl iii nlad nfTA' >mNMl6r tuT Cf YffY ifa# Kffbe fZWTKE ffA' tl M.A' NR! 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Bainbridge Sub2 FP-13-042 8 EXHIBIT A Exhibit D - Proposed Landscape Plan (dated: 11/15/13) Pte--CakMmlma:__.-__._-- .PS!~`~L~-44!-'-payry'-NL!4ee- a a ~ f'-'-°--_--...-r- c------------------ ,,. K„ 6`x.eq .. I ~~" .~ ~ S4M Troe Notas I ~ ~ ~ ~ »~e " n y i ~. a , .a..,, wm o: .wcm: I .~ i~.. ~ .. ~ ~ ~: , ~.:„ :..<„~........ ACHDIamAtpoaPkm.NaSa>r_ .,.... o.,~. m.,..,.~.....,.~. } I . I ~` ta- ~ I { _ i I ~ ~ _ ~~ N z i t I .«a.a.a •i' '. g .., I-fV ~ r I ~ I ~ rs ._._....__. 2 I I i I i ¢- - t~- -- a ~ ~ I =I^ I " ~ 1 I I ~f I I f I _ _ i r ,. i ~ _.. I ~ ~ i' ~ I ~ ~ ~M nl I i4 ~ I ~ I ~~. ' -... I q ~' - _ Landscape Plan ..wE ,,, ire. x w ,... -.-... Project Cala,le6ans .. _ _... __ vneNmuren w~ w~c+w Haas ~ { j i ,i I ; IOW ~ .i.. 1 •"b` ~, ~~ &49s4Troll Nobs ~a~„~rM,.ti ~ ~. ' .a.r..,M..~w<.„,.<«..~._..,a,_ Tee ~^..::.~ 5,~', 5 °~~•°. ~ * l i~;:' ~. ' ~ ....-..... .... ACHD LeWeaaoa PYn Hdea~ N ir- ~ f -.-. ~ ~ ~ I ~ `, . ~ I • w. ~""~ _ ~.on ~~ w ~ .~ ~ . 1 . ~ , ~ u. 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Bainbridge Sub2 FP-13-042 10 EXHIBIT A ---------------------------- ---- ---- ---- ---- ----- ---- ---- _ _ r _ .,«~ . 0 0 0 0 0 I E . __ c _ -~ __ :._ o a o ~- ~ , . - , - .~« , _ , . _..; o c o ©~ o o ,{ .~ orr~ +l I _ ,:.. -.-- .„ __ ca ~j~~' ~` -cr----- -rr. - ---- i ~; ~. 1 N g ~ i ~ # ~~ ' ~~, ,,,. ,- , _.. wow wa ~~ rr+n N ~ :1Chnwn &M EMy Mwwnaq 9p~51ncM EYwtlon ...~: ~.~ i i p a.- ~ a .m....~.M,:m..,: „ . _, 1 .q_ _' ___ m ., ~z J ., w ,. F 3 f °µ .. _ ..k .~- J, ~ 1'-----5 ~'-'-tl------d ul_.~ ~ ~.~1~ r.e nmero Bainbridge Sub2 FP-13-042 11 EXHIBIT A F. Common Driveway Lot Exhibit NOT FOR FRONT = 20' SIDE = 5' REAR = 15' O Plan View ~ CONSTRUCTION wrriaKrt r.+w 1 i3~i ~~iWVr ~~~~.~,~ Gye. Imno glt6 fMae 2A!!~l.IWl~fii 206 gl.NK .~..~ Iwtt~c Bainbridge Subdivision No. 2 Setback Exhibit 1 Bainbridge Sub2 FP-13-042 12 ~~ Sonya Watters From: Mike Wardle <MWardle@brightoncorp.com> Sent: Thursday, December 12, 2013 1.1:52 AM To: Sonya Watters; Machelle Hill; Jaycee Holman; Jacy Jones; Holly Binkley Cc; David Turnbull; Blake Alder; Amanda Schaus; Jay Walker; gene@thelandgroupinc.com Subject; FW: Bainbridge Sub. 2 FP-13-043 Staff Report for 12/17 CC Mtg Attachments; Re: Bainbridge Water System ~~ The attached a-mail exchanges between David Turnbull and Kyle Radek note Brighton's disagreement with Meridian City Public Works' interpretation of State of Idaho water regulations and its unsupportable policy limitation of 24 jor 30J lots on a "single source water main." The exchange cites the conclusions reached during a meeting with staff on October 11t"; specifically, that... • There is sufficient pressure and fire-flow capacity in the Black Cat water main to adequately serve the. 43 lots in Bainbridge Subdivision No. 1. • Meridian City is designing and intends to construct a PRV connection in McMillan Road in conjunction with the Volterra water main project. With that improvement in place, there will be sufficient pressure -and capacity for the 93-tat Bainbridge Subdivision No. 2. • Development beyond Bainbridge phases 1 & 2 will reauire a second connection, either east to Ten Mile Road or south to the Volterra main. In its November 7t" response, staff does not dispute those conclusions, stating: • "A113 pieces [Volterra water main from Black Cat to McMillan, PRV, and connection of that main to the system are needed to provide fire flow to Phase 2 and each is in various stages of design or construction presently. Time frame for having all in place is unknown. • According to our modeling, development beyond Fhase 2 would require additional connections to achieve fire flows." The "Staff Analysis" on page 2 of the staff report seems to contradict those (underlined above] conclusions. Site-Specific Condition No. 11 then imposes that contradiction., and maintains staff's unsupportable policylimitation of thirty building lots. Because we do not agree with either the "Water Service" analysis or Condition No. 11 of the .staff report, we request the opportunity to present our concerns to the Mayor and Council for relief from the staff-imposed policy and deletion of proposed Condition No. 11. Michael. Waxdle Director of Planning Brighton Gorporarion 12641 ~U: Explorer, quite 200 Boise, Tdaho $3713 Direct 208.287.0512 I Cell 208.863.6150