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HomeMy WebLinkAboutLarkspur Subdivision No. 2 FP-05-070 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LARKSPUR, LLC FOR FINAL PLAT APPROVAL OF 47 BUILDING LOTS AND 5 COMMON AREA LOTS ON 10.29 ACRES IN AN R-8 ZONE LOCATED AT 200 AND 205 EAST ROSALYN COURT IN A PORTION OF THE SW % OF THE NW % AND THE NW % OF THE SW % OF T. 3N., R. IE., SECTION 19 C/C December 13, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-070 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on December 13, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 13, 2005, 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 LARKSPUR SUBDIVISION NO.2 IN A PORTION OF THE SW ~ OF THE NW ~ AND THE NW ~ OF THE SW ~ OF T. 3N., R. IE., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO.2 / (FP-O5-070) Page 1 of 4 IDAHO 2005, HANDWRITTEN DATE: 11/09/05, SHEET 1 OF 3, TREASURE VALLEY ENGINEERS, INC", LARKSPUR, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 13,2005, listing 25 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Treasure Valley Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of one page, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of one page, and the additional requirements from the action of the Council taken at their December 13, 2005 meeting as follows, to-wit: 1.1 Adopt the action of the City council taken at their December 13, 2005 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 10, 16 , and 22, such that they now read as follows: CONDITIONS OF APPROVAL 10. Prior to signature on the plat by the City Engineer, the applicant shall vacate the portion of the cul-de-sac ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO.2 / (FP-O5-070) Page 2 of 4 right-of-way that is being shown as a portion of Lots 13 & 14, Block 6; and Lot 9, Block 7, or revise the plat so that no Dortion of those lots fall within the right-of-wav. Revise the plat and the "Certificate of Owners" to include the above-mentioned vacated right-of-way in the legal description. 16. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement along the south boundary of Lot 29, Block 4, or reroute the Dressure irrÜmtion system to be contained in common area. The extra width is necessary to accommodate an irrigation main being installed. 22. Revise the note on the plat on the north-east boundary of the subdivision to read, "Provide stem wall or fill along eastern eel:lndar)' as required." "Provide stem wall as required alon2: eastern boundary of Lots 26 - 28. Block 4." 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: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO.2 / (FP-O5-070) Page 3 of 4 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 as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ 3-th day of-l)(""{\ em )ìff' ,2005. By: Attest: BY' City Clerk's Office Dated: -/I-QUJ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO.2 / (FP-O5-070) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: cU'e;;d/~ . ... ~. " " 1i.J,\HO }' '~ /J . r. - ~'('" .,.". Sonya Watters, Assistant City Planner ~ ,.'.t':!'."'l..~.'i!~S"'~~'~'" .~.¡¡¡: Michael Cole, Development Services Coordinator rY\ G Hearing Date: December 13, 2005 Transmittal Date: December 8, 2005 TO: Mayor & City Council FROM: SUBJECT: Larkspur Subdivision No.2 Request for Final Plat Approval of Larkspur Subdivision No.2 Consisting of 47 Single.family Residential Building Lots and 5 Common Lots on 10.29 Acres in an R-8 Zone by Larkspur, LLC (File# FP-O5-070) We have reviewed this submittal and offer the following comments, as conditions ofthe applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Larkspur, LLC, has applied for final plat approval of 47 single~family residential building lots and 5 common lots on 10.29 acres in an R-8 zone for Larkspur Subdivision No.2. The gross density for this subdivision is 4.66 dwelling units per acre. The net density is 5.81 dwelling units per acre. Larkspur Subdivision No.2 is located approximately Y2 1IDle south of E. Overland Road and VB mile east ofS. Kuna-Meridian Road, in the west Y2 of Section 19, T.3N., RIB. A conditional use permit/planned development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for lot size (from 6,500 s.f. to 4,108 s.£.), lot frontage (from 65 ft. to 42 ft.), interior side setbacks (from 5 ft. to 4 ft.), and rear setbacks (from 15 ft. to 12 ft.). The rear setback for the lots on the east side of S. Blackspur Way (Lots 26-38, Block 4) was required to be 25 ft. along the eastern boundary of the subdivision. Amenities approved as part of the planned development consist of open space in excess of 10%, a gazebo and barbeque area for residents, and connection to a City of Meridian multi-use pathway system through a connection to Larkspur Subdivision No.1. The final plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Larkspur Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all tenus of the approved annexation (AZ-05-036), preliminary plat (PP-05- 035), and conditional use permit (CUP-05-038) for this development. 2. The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Nampa and Meridian lITigation District system in Larkspur #1. Plans shall be approved by NMID prior to scheduling of a pre-construction meeting, and a copy of a signed Pressurized Urban lITigation System Agreement being submitted prior to certificates of occupancy being released. FP-O5-070 Larkspur Subdivision No.2 FP.doc Exhibit "A" PAGE 1 13. 14. 15. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek 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 shall be responsible for the payment of assessments for the irrigab1e common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 5. Temporary construction fencing to contain debris is required along the western and southern boundaries of the subdivision prior to release of building pennits for the subdivision. 6. Sanitary sewer service to this site is being proposed from existing stubs from Larkspur #1. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet trom finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 7. Water service to this site will be from main line extensions from existing water mains Larkspur # 1. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the [mal plat by the City Engineer. 9. The homes adjacent to Meridian Greens Subdivision shall be constructed using 40 year "architectural" shingles on the roofs. 10. Prior to signature on the plat by the City Engineer, the applicant shall vacate the portion of the cul-de-sac right-of-way that is being shown as a portion of Lots 13 & 14, Block 6; and Lot 9, Block 7. Revise the plat and the "Certificate of Owners" to include the above-mentioned vacated right-of-way in the legal description. 11. It appears to staff that the legal description in the "Certificate of Owners" does not exactly match the boundary of the plat. The applicant shall confmn this information and make any changes necessary to confirm that the two are identical. 12. The bearing of the eastern boundary of this subdivision does not appear to meet the bearing of record for Meridian Greens Subdivision. The applicant shall confirm this information and include bearings of record. Revise the spelling of the word "not" to "note" that is depicted in Lot 37, Block 4. Graphically depict the "Real Point of Beginning" on the face of the plat. The seepage beds located in Lot 9, Block 6 appear that they may encroach into the Department of Environmental Quality's required 20-foot separation requirement between seepage beds and building foundations. Exhibit "A" FP-O5-070 Larkspur Subdivision No.2 FP.doc PAGE 2 20. 21. 22. 23. 24. 25. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 16. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement along the south boundary of Lot 29, Block 4. The extra width is necessary to accommodate an iITigation main being installed. 17. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all coITections necessary to comply. 18. The landscape plan, prepared by Treasure Valley Engineers and dated 11/16/05, shall be revised as follows: a. All evergreen trees shall be a minimum of 6-feet tall per UDC 11-3B-5; revise plan accordingly. Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the growld. fudicate whether the tree will be retained or removed. Show location of replacement trees equivalent to 160 caliper inches that are being removed from the site. b. c. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on thefìnal plat by the City Engineer. 19. Revise or add the following note(s) on the face of the plat dated 11/9/05, prepared by Treasure Valley Engineers, prior to signature on the final plat by the City Engineer: (8.) (9.) "Lots 12, 13, and 14 of Block 6 and Lot 9 of Block 7 wHl are not Ðe--a part of the proposed approved PUD." ".. .in compliance with Title 11 and Title 12 of the Mefiàiaa City Code Citv of Meridian Unified Development Code..." Also, revise the conditional use permit file number referenced as CUPø04-025 to read CUP-05-038. Add note: "Lots 26ø38. Block 4. shall have a 25-foot wide rear setback." (ill Label the Basis of Bearings on the face of the plat. Provide a temporary turn around easement on the plat at or near the terminus of E. Greenview PI. per ACHD's requirements. Revise the note on the plat on the north-east boundary of the subdivision to read, "Provide stem wall er-HH along eastern boundary as required." Submit the revised plat on paper that is eighteen (18) inches by twenty-seven (27) inches in size, with a three and one-half (3 1/2) inch margin at the left end for binding and a one-half (1/2) inch margin on all other edges per § 50ø1304. Complete the Certificate of Owners and accompanying acknowledgement. Staff's failure to cite specific ordinance provisions or tenns of the approved annexation, conditional use permit or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All iITigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- Exhibit "A" FP-O5-070 Larkspur Subdivision No.2 FP.doc PAGE 3 14. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. (UDC 11-3B-14) 3. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 4. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street fmish centerline elevations are set a minimum of three feet above the highest established nonna1 groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department. 11. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny CoIþs of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Exhibit "A" FP-O5-070 Larkspur Subdivision No.2 FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF RECOMMENDATION Staff recommends approval of the final plat for Larkspur Subdivision No.2 with the above stated comments and conditions. FP-O5-070 Larkspur Subdivision No.2 FP.doc Exhibit "A" PAGE 5 .. ... rI'. ... .-. . 12/12/2005 08:16 2083950230 PAGE Bl/01. To: Sonja Watters City of Meridian Planning and Zoning Department Fax 888.6854 Co Lance Warnick Treasure Valley Engineers Fax 463-439] From: Ron Sargent Larkspur LLC Phone 371-611 0 Fax 395-0230 Subject: Staff Report: Final Plat Larkspur Subdivision No.2 FP-O5-070 Date: December 12, 2005 The following are my comments regarding the Staff Report for the fjna1 Plat L:ukspur Subdivision No.4. Site Specific Requirements. 111 0 At the City Council Meeting for the preliminary plat a discussion took place that the City of Meridian could not make it a requirement of the plat to force Ada County Highway District to sell l3Ild to Larkspur LLC. That is the jurisdiction of ACHD and not the City. ACHD has said they want a license agreement to Ia.odscape the a.rea in question. At the City Council me~tjllg a motion was made and unanimously agreed bY the Council that Larkspur LtC be req\,JÎred by the CÎtv of M"eridian to "apvlv" for the vacation !!lId if that was not success to then enter into a license agreement with ACHD. And since the process may take some time this requirement would only need to be met at occupancy aod would not be a requirement for the signing of the final plat. Larkspur LLC has appl ied for the vacation.. #16 The 8 foot wide easement will be depicted on the property line between Lots 29 and 30 Block 4. #22 At City Council preliminary plat meeting, it was noted that this stem wan was on1y referred to being needed. io the l1ort}¡ea$t corner of the proposed subdivision. To avoid confusion over the j~terpretaÍion of this note it is requested the note read "Provide stem wall as required along eastern boundary of Lots 26 to 28 Block 4." Exhibit "W DEC 28 '05 14;59 FR CIT'( OF MERIDIAN Z0S 888 4218 TO P-AND-Z P.04/08 {¡ETL:~:'::;' \:I~'1:FrX,,',' i.'('<: ,., ? ?{,¡:;'b (:Î{y (>í M(,~'¡di~!:, ntl' rler;¡ off\(",(- ~&~'J~ZJ~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.-1163-0092 23 November 2005 phones: Af90 Cod~ 208 OFFICE; Nompo 466.7861 SHOP, Ndmpo 466-0663 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ID 8364:2 RE: ,FP OS-O70/Larkspur SQbdivisioD No.2 Dear Wi]): Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact DoIUJa Moore at 466-7861 for further information. An laterals and waste ways must be protected. All easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is startad, is unacceptable. An municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site. the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that lITigation water be Tllade available to all developments within the Nampa & Meridian Irrigation District. Sincerely. ß~~ Bil1 Henson Asst. Water Sup5rintendent N ampa & Meridian Irrigation District BHldbg C: Crew Foreman File - Office/Shop Exhibil "C" APPROXIMATE IRRIGABLE ACReS RIVER FLOW ~IGHTS - 23,000 BOISE PROJECT RIGHTS - dO,OOO