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Larkspur Subdivision No. 3 FP-10-006BEFORE THE MERIDIAN CITY COUNCIL C/C August 24, 2010 IN THE MATTER OF THE APPLICATION OF JLJ ENTERPRISES FOR FINAL PLAT APPROVAL OF 22 BUILDING LOTS AND 1 COMMON LOT ON 3.79 ACRES IN AN R-8 ZONING DISTRICT LOCATED ON THE EAST SIDE OF S. MERIDIAN ROAD, APPROXIMATELY A 1/4 MILE NORTH OF E. VICTORY ROAD, IN THE SOUTHWEST 1/4 OF SECTION i9, TOWNSHIP 3 NORTH, RANGE ~ EAST. CASE NO. FP-10-006 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 August 24, 2010, and the Council finding that the Administrative Review is complete from Bill Parsons, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: August 24, 2010, 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. 3 LOCATED ON THE EAST SIDE OF S. MERIDIAN ROAD, APROXIMATELY A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO. 3 (FP-10-006) Page 1 of 3 '/ MILE NORTH OF E. VICTORY ROAD 1N THE SOUTHWEST '/ OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2010, HANDWRITTEN DATE: 05/25/2010, SHEET 1 OF 3, ROBERT G. HINCKLEY," JLJ ENTERPRISES, Applicant, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bill Parsons, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor, for the Public Works Department, dated: Hearing Date: August 24, 2010, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 10 pages, and by this reference incorporated herein, and the response letter from , Sawtooth Land Surveying, LLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, 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: 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO. 3 (FP-10-006) Page 2 of 3 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 maybe 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 ~]~ da Y of ~'~~~r' , 2010 Attest: Ja ~, Copy served upon Applicant, the P City Attorney. U Tammy eerd p`~~~` mayor, City of Meridian ,~` ~w~ -„q .~~~ ~ ~, ~~~ $~~~ 9`sT lst. ~~~~-. ~~,_ sr: ~A r, c~l al P. ~~A~1_ ~° Public Works Department, and Dated: ~ - ~ -~ ~ (~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDNISION NO. 3 (FP-10-006) Page 3 of 3 STAFF REPORT Meeting Date: TO: FROM: SUBJECT: August 24, 2010 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 E IDIAN~-- IDAHO Scott Steckline, Land Development Supervisor 208-887-2211 FP-10-006 -Larkspur Subdivision No. 3 I. APPLICATION SUMMARY & LOCATION The applicant, JLJ Enterprises, has applied for fmal plat approval of 22 building lots and 1 common lot on 3.79 acres of land for Larkspur Subdivision No. 3. The proposed subdivision is currently zoned R-8 (Medium-Density Residential). The property is located east of S. Meridian Road and approximately a % mile north of E. Victory Road in the Southwest 1/4 of Section 19, Township 3 North, Range 1 East. This is the first final plat (Phase 1) proposed for Larkspur South Subdivision. Multiple phases are planned for the remaining 9.02 acres. At this time, the applicant is proposing to plat 22 of the 60 residential lots planned within the subdivision. Open space is minimal with larger portions of open space being constructed with future phases. The City Council approved annexation (AZ-06-049) and the preliminary plat (PP-06-051) for Larkspur South Subdivision on January 9, 2007. The plat contained 67 single-family residential building lots and 4 common lots on 12.81 acres of land (Exhibit B). In 2008, the director granted approval of an 18 month time extension (TE-08-025) to record the first final plat. That approval required compliance with building elevations and the 10 percent common open space requirements outlined in the UDC. The property is under new ownership and the owner has proposed a revised plat with the subject application (Exhibit C). The reason for the revised plat is to provide a more efficient lot lay-out and readjust the open space. The approved preliminary plat is attached in Exhibit B for review. Staff has reviewed the revised preliminary plat and is supportive of the proposed changes. Typically, changes are allowed to the final plat without the submission of a new preliminary plat. However, staff feels it is appropriate to explain the proposed changes in order to track the changes with future phases. The changes to the approved preliminary plat include the following: • Decrease in residential lots from 67 to 60; • Increase in common lots from 4 to 6; • The open space planned for lot 8, Block 9 on the previous plat increased from 19,733 square feet to 20,714 square feet; • The open space planned adjacent to the common driveway with the previous plat has been shifted to the east side of S. Marlow Way and increased from 18,899 square feet to 20,635 square feet; Larkspur Subdivision No. 3 FP.doc PAGE 1 • The common lot proposed between of Lots 2-9 and 13-17, Block 7 has been expanded along the west boundary of S. Blackspur Way; • Common open space proposed for lot 9 and 10, Block 12 has shifted the west and is now proposed for Lot 10, Block 12. This has decreased from 11,386 square feet to 5,069 square feet from the previous plat however; the applicant has reallocated the open space to the northern portion of the plat to make up for the deficiency; • S. Marlow Way has shifted to the west to provide of local street access to the 6 residential lots planned for the west side of S. Marlow Way in lieu of a common driveway as previously proposed; • Anew 937 square foot common lot is proposed along the south side of Lot 12, Block 6 and • Gross density has decreased from 5.23 dwelling units per acre to 4.68 dwelling units to the acre. Per UDC 11-6B-3C, a final plat should be reviewed for substantial compliance with the approved preliminary plat. The following changes are allowed by UDC to grant approval of a final plat in order to determine substantial compliance with the approved preliminary plat: • The number of buildable lots is the same or fewer; • The amount of common open space has increased; • The amount of open space is relocated with no reduction in the total amount; • The number of open space lots has increased and • The transportation authority has required minor changes. Based on the aforementioned analysis, Staff finds the proposed final plat to be in substantial conformance per UDC 11-6B-3C as the number of buildable lots has decreased, the number common lots has increased and the amount of open space has increased. The applicant has until December 6, 2010 to obtain the City Engineer's signature on the final plat or apply for another time extension in accord with UDC 11-6B-7. II. STAFF RECOMMENDATION Staff recommends approval of Larkspur Subdivision No. 3 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-06-049), preliminary plat (PP-06- O51), and time extension (TE-08-025) applications for this subdivision. 2. If the City Engineer's signature has not been obtained on this final plat by December 6, 2010, the preliminary plat shall become null and void unless a time extension is obtained in accordance with UDC 11-6B-7C. 3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 4. Revise the notes on the face of the plat prepared by Robert G. Hinckley, stamped on May 25, 2010, prior to signature of the final plat by the City Engineer, as follows: a. Note #7: Strike unless otherwise modified by conditional use permit (CUP-OS-038) which allows for reduced lot sizes and lot frontages. b. Extend the common lot (Lot 1, Block 7) along the east side of Lot 9, Block 7 as proposed on the revised preliminary plat dated 7-30-10 attached in Exhibit C. Larkspur Subdivision No. 3 FP.doc PAGE 2 5. The subject property shall be subdivided prior to issuance of any building permits. 6. Revise the landscape plan prepared by Jensen Belts Associates, dated 6/27/10, submitted with this application, as follows: a. Extend the common lot (Lot 1, Block 7) along the east side of Lot 9, Block 7. The common area shall include a minimum of three trees and a mix of shrubs lawn or other vegetative groundcover. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. The plan shall be consistent with the changes listed above. 7. If permanent perimeter fencing is not installed around the perimeter of the site, temporary construction fencing is required to be installed to contain debris during construction prior to issuance of building permits. Fencing within Larkspur Subdivision No. 3 shall comply with the standards in accord with UDC 11-3A-7. 8. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Ken Whitlock, at 887-1620 for more information. 9. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 10. The homes adjacent to Meridian Greens Subdivision No. 3 shall be constructed with 40-year architectural shingles on the roofs. 11. The applicant shall vacate the cul-de-sac right-of--way at the terminus of Edmonds Court with a future phase. 12. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. IV. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. 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. Larkspur Subdivision No. 3 FP.doc PAGE 3 4. 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, or as otherwise allowed by UDC 11-SC-1. 5. 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. 6. The applicant shall provide a 20-foot easement for all public water/sewer mains (new or existing) outside of public right of way (include all water services and hydrants). 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. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to any construction plan approval. 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 shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. 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. 13. 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. 14. 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. 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 applicant's 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 Larkspur Subdivision No. 3 FP.doc PAGE 4 or the 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. V. EXHIIBITS A. ZoningNicinity Map B. Approved Preliminary Plat C. Revised Preliminary Plat D. Proposed Final Plat E. Proposed Landscape Plan Larkspur Subdivision No. 3 FP.doc PAGE 5 Exhibit A -Zoning/Vicinity Map < <,_ F J~ ~~ R-4 f ROgA~YN OR 3 ~ \ \l "` ~ \ ~ v9 '~ E ROSALYN pR ~ ~ 1 ~ ' l' ~q a i ~ RUT ~ ''~ J Larkspur Subdivision No. 3 FP.doc PAGE 6 Exhibit B -Approved Preliminary Plat .~,„~k..r ~ .~ ~ LARKSPUR SOUTH SUBDIVISION ~ ~~ ~ . i e rtemro® uemanar, maMrrrae/ ama» ar 1 PWNO!(m !dR 8~ 1//{ OY 9!f MM ~/i 8A"lICY/ !0. lSl. 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F w'iP~ `; .~:.: ~~.mvur rrc~nrt~GU~~~K NCS m t ~ i.iJ ,1 ~9f CZ F9 ss~@~713` :~tesvv ~su,;x7r ,t.9ww Larkspur Subdivision No. 3 FP.doc PAGE 9 Exhibit E -Proposed Landscape Plan + '-- --- VINYL PgNEL PRIVACY FENCE PLANT PALETTE «~0."'1~.... .....e......e u.... ~~ y ~ w.,.._. .? a.r'iY` i CSiJI~.°L wt'~i'~+33.. ~r nu w u« 'A~.'Al~.o. r w. tl01E: ac we ~ IMF to ff roT. SHRUB PLANTING ~~ GENERAL NOTES . r..~.~~..~...e... DEVELOPMENT FEATURES ...---- ..e xn W........... __ ....,,....., .~ ~.. PATHWAY NOTES . ~~~~~ ~~ • ~''S~.'9~TSTCi.C. . ~~...,.o,~.~.. CALCULATIONS !R4: :sGlR5ia1 orara .mr. ~ ae~eP3rssr Yr.~w..rao~. DECIDUOUS TREE PLANTING ~ Larkspur Subdivision No. 3 FP.doc PAGE 10 Page 1 of 2 Jacy Jones From: Bill Parsons Sent: Monday, August 23, 2010 2:52 PM To: Machelle Hill; Barbara Shiffer; Jaycee Holman; Jacy Jones Subject: FW: Larkspur Subdivision No. 3 staff report for 08/24/2010 CC MTG Agreement from the applicant for the Larkspur Subdivision No. 3 final plat file. Thanks, Bill From: Gus Porter [mailto:Gus@sawtoothls.com] Sent: Monday, August 23, 20101:53 PM To: Bill Parsons Cc: Carl Porter; Jim Jewett Subject: RE: Larkspur Subdivision No. 3 staff report for 08/24/2010 CC MTG Bill, This email is to inform the planning department that Sawtooth Land Surveying is in agreement with the staff report issued for the Larkspur Subdivision No. 3 Final Plat. Thank you, Gus Porter P: (208) 398-8104 F: (208) 398-8105 C: (208)860-0532 207 W. Main Street Emmett, Id 83617 From: Bill Parsons [mailto:bparsons@meridiancity.org] Sent: Thursday, August 19, 2010 3:04 PM To: )acy Jones; Jaycee Holman; Machelle Hill; Ted Baird; BIII Nary; Jim Jewett; gus@sawboothls.com Cc: Peter Friedman Subject: Larkspur Subdivision No. 3 staff report for 08/24/2010 CC MTG 8/24/2010 Page 2 of 2 Attached is the staff report for the proposed Larkspur Subdivision No. 3 final plat application (File #FP-10-006). This item is scheduled to be on the City Council agenda on August 24, 2010. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call or a-mail with any questions. Gus and Jim -Please submit any wNtten response you may have to the staff report to the City Clerk's office (iholman@meridiancity.orat, mhill@meridiancitv.org, and jiones@meridiancitv.orQ) and myself (e-mail or fax) as soon as possible. Bill Parsons Associate City Planner Meridian Planning Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.441 /Virus Database: 271.1.1/3075 -Release Date: 08/19/10 06:35:00 8/24/2010