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Spurwing Greens Subdivision FP-10-004BEFORE THE MERIDIAN CITY COUNCIL C/C July 27, 2010 IN THE MATTER OF THE APPLICATION OF LION LAND, LLC FOR FINAL PLAT APPROVAL OF 2 BUILDING LOT AND 2 COMMON LOTS ON 2.13 ACRES IN AN R-2 ZONING DISTRICT LOCATED ON THE NORTH SIDE OF CHINDEN BOULEVARD, WEST OF SPURWING GREENS SUBDIVSION IN THE SOUTHEAST '/ OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST. CASE NO. FP-10-004 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 July 27, 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: July 27, 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 SPURWING GREENS SUBDIVISION LOCATED ON THE NORTH SIDE OF CHINDEN BOULEVARD, WEST OF SPURWING GREENS SUBDIVISION IN THE SOUTHEAST'/ OF SECTION 22, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING GREENS SUBDIVISION (FP-10-004) Page 1 of 3 TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2010, HANDWRITTEN DATE: 05/18/2010, SHEET 1 OF 2, TEALEY'S LAND SURVEYING," LION LAND, LLC, 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: July 27, 2010, listing 8 SITE SPECIFIC REQUIREMENTS/F1NAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 7 pages, and by this reference incorporated herein, and the response letter from Tealey's Land Surveying, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, 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: 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING GREENS SUBDIVISION (FP-10-004) Page 2 of 3 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 of , 2010 ,~`~~ OF MER/p~''~• B ~.. y .~ ~, ~~ ~j ~ F~" ~ T R ~ o .. Attest: S~~AL ~~ ,~`~ aycee olman, City Clerk ''~~,,~~~~~„UN~1;\~~~.~`~ 1~~`` day Tam d Weerd Mayo , ity of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. B Dated: ~ ~ ~ ~ ` f (~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING GREENS SUBDIVISION (FP-10-004) Page 3 of 3 STAFF REPORT: Meeting Date: July 27, 2010 TO: Mayor and City Council E IDIAN~--- FROM: Bill Parsons, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP-10-004 - Spurwing Greens I. APPLICATION SUMMARY & LOCATION The applicant, Lion Land, LLC, has applied for final plat approval of two building lots and two common lots on approximately 2.13 acres of land. This is the second final plat proposed for the Jayker Subdivision. The subject property is currently zoned R-2 (Low Density Residential District). The site is located on the north side of Chinden Boulevard; west of the Spurwing Subdivision in the southeast % of Section 22, Township 4 North, Range 1 West. The City Council approved the Jaker preliminary plat (PP-06-058) on March 27, 2007. The approved preliminary plat consists of 277 buildable lots, 1 commercial lot and 27 common lots on 142.97 acres. A final plat (FP-07-026) for the first phase was approved by City Council on October 26, 2007 and consisted of 140 residential lots and 21 common lots on 89.70 acres. The subject site was originally annexed as the Tree Farm (AZ-06-004 and AZ-06-050). A development agreement (DA) was required with the annexation of the property (#106151218). Several addendums to the DA have also been recorded (#107025555 and #107141993). As a provision of the original DA, a concept plan was tied to the subject property. In 2009, the Director approved an 18-month time extension to obtain City Engineer's signature on the phase two of the plat. The applicant has until on June 24, 2011 to obtain the City Engineer's signature on the proposed plat or apply for another time extension. As a condition of the time extension, the current DA was to be amended to include building elevations. On April 27, 2010, City Council approved the Tree Farm development agreement modification (MDA- 10-004). With that approval, the Council approved building elevations and a new concept plan that included the tennis facility as an amenity within a common lot contingent on the platting of the property. The approved preliminary plat depicted two residential lots and a micropath lot in the vicinity of the tennis facility. The approved concept plan showed the tennis facility, associated site improvements and the timing for those improvements. Per the requirements of the amended DA, the applicant was granted approval to construct the tennis facility prior to platting the property on the condition that the amenity parcel be platted within two years. Thus, the request for final plat approval for phase two. The proposed amenity received certificate of zoning compliance and design review approval (CZC-10- 033 and DES-10-025) from the Planning Department on June 10, 2010 in accord with the amended DA. These improvements are currently under construction on Lots 1 and 2, Block 1 proposed with the subject final plat. The two buildable lots proposed with the subject plat have not varied from the original approval. Thus, staff fords the proposed subdivision substantially complies with the preliminary plat. II. STAFF RECOMMENDATION Staff recommends approval of the Spurwing Greens Final Plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. Spurwing Greens FP.doc PAGE 1 III. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexations (AZ-06-004), development agreement (instrument # 106151218 and 110059432), or as maybe modified by the City Council and the approved preliminary plat (PP-06-058) for this subdivision. 2. If the City Engineer's signature has not been obtained on this final plat by June 24, 2011, the preliminary plat shall become null and void. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by Tealey's Land Surveying, stamped on May 18, 2010 by Patrick A. Tealey, prior to signature of the final plat by the City Engineer, as follows: • Include the recorded instrument number for the ACRD temporary turnaround easement. • Include the instrument numbers with notes 13 and 14. • Note 16 shall reference DA instruments numbers as 106151218 and 110059432. 5. The landscape plan prepared by The Land Group, labeled as sheet L1.00, dated May 27, 2010, submitted with this application, is approved as submitted. 6. 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, Richard Buttram, at 887-1620 for more information. 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 8. 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 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, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, 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 sewer mains new or existing, outside of public right of way. 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 Spurwing Greens FP.doc PAGE 2 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 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. 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. 12. 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. 13. 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. 14. 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 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. 15. 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. EXHIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Spurwing Greens FP.doc PAGE 3 Exhibit A -Vicinity/Zoning Map _ ~ __ ._ __ ~.._ ._ _ . t~ _. __.~.. _ ., . .. . _~.. ---__ _ Rl ....__.~ . f ~ ~~sco..tN RUT. ~ YI` ,„ .,,.. ~~0 0.~ t t r ~I 8 ~ i .e ~ T..... .~- +` M^ ~ ~~~ *"i ~~ ...; _.. a -r E d. -- . ,' t W S ~ ?' ~. CN ~ , 4 NOW ER RY CT ~ ~ ~ a ~" ..., ,. ~' '~ a •z ~ o '~ ,. ~' :~ ~ I . 9 7 1 ~ . `F E y r r w ~ y _ r -._._. ~ ~ ~ i ~ ~ c.. __ v i _ ~ ~~' ~ .; ~ :~ J ' ,.. .. ~ ., ~~ ~" . , .. •. ~ • • , _ e ., .. , x; ~ ' n , r •n ~ \.. .. .. ~\1 ~ _ W ' y R-8 J ... ..._ _ m _(~ R-15 ~ f f ~ 1`~ ..~. . o Q ......... ....... __ ~ ..., . -~ ~,~ , , ~, P~' .: ~~... ~ ...~: ` ~ , .. 1 ~ ' A. 1~ ~ ._ i i i ~~n~.~.s•' - .... ' ` i Q ___..._ i " ,. .e......... ~......+._. ~~_._...t.......~..........._._~......~ ....__'__. .L D I /T`j~ W CHINDEN BLVD w eq~gr q cr wI V~ , N ',~, ~~~ . t ' ~ ~ - ~~ . (' + ~ ,~. .r ~ •r~ ;, ~ '~ \ t I o' r '~ ~ ~ ~` ', ~... e. y~ .. {. ''Y +' t .r + ~ ~ t ... . _ .. .. . I ~ i e x n^ , 1 ~ , ~W ( ~ ~ ....- '- e ' ~. _ '^"'.~, I ~ a - W CHINDEN BLVD ___.__.._._._ ............._ _-- -- _ - ..~. ...; R~8 ._ R. ~ ~ ~ ~ ~ , Spurwing Greens FP.doc PAGE 4 Exhibit B -Approved Preliminary Plat ~AYKER SUBDYVISI~N ~ war. n wo u vru.nnw mr ssnwl~ mR ~;a vccrrxn, ron+mev ~+nxm ruse i nm, oag+em~x., is ca:un vra. aroeen ms axtae.. ~.Rat~.^°.. ...,. .«. ~F- ~. ~ Eec 'i~_~~~».~_ .. ~ rte= Spurwing Greens FP.doc PAGE 5 Exhibit C -Proposed Final Plat (labeled Sheets 1 of 2, prepared by Tealey's Land Surveying, stamped on 05/18/10 by Patrick A. Tealey) LEGEND - - - EABENFM LBdlOMV . CENTER LRE ~ FowD BRASS cAs o FRUO S/e• WRN vW - PLS eaozR • sr s/e• x 3O• WRx PN vACAP o FgWD VT WON PN • SET V2' • RI' RON PN v/CAP LOT LR6 ___- sECTKx LNE Lrc B FOtNO ALIWlIIA CAP ~xs3~ es ~ DATA 6 REC011D CARVE TABLE 22 T3 c o x. •nsArsl CIWVE RADMS ELTA LENGTH BEARING ,,a• ,. I N 86.56'26-E 10150' / _. E W0~2~--.- --~A o3A%'~ II.I N T~~~ / r - ~~~ xRS /~= I ~ ,wr[~) I 1 / I~ 16 I' Q~I s BLOCK 2 j F I I /rslo. ___ __J In~ ___________________ i ul oli I I^ ZI IS 2 II P s I% I 2 I II + zI a L--- f rwrti RT[ -,' w~rA - _B 89.27'N,' W IB2.90' L'2 I £ s« II .....'._..--._.. I \, I i ~ ~ I_° I °a +. z _ -- B 89.39'1]• E 11931-_ III s r ~ I ~ f I F-. "I I ~~ I ~Oo %k / `. No.. ,w.s io ~ PLAT OF SPURWING GREENS SUDDIVISION A POR-DN OF 7HE SE 1/4, ffC110N 22, ~y T.AN., R.iW., D.N. NEItICIAN, ADA CDUNTY, IDANO -- 2010 Ao ze ao I Ho ;~ I i gim k~ •... •. _ BLOCK I I to zm I IN - I I ~ ~' 2 I $ LINE TABLE ____________________J R -N B9.39'I]' W IB1.22' vw sie ~ia m¢V aw ~i~ $IW RESTRICTIYE COVENANTS R 8 ~a.RATI.RS T,c•e .R. N.~I.eAAN..L ,/ s° u..s snolvew 22~_.P.r. •w EAST CWlOEN BOULEYARO w 22 23 R~B0.-_2] ~~_t~MAY 20-2E) ~sesnr,cm.isr- ___ _•V_ 1] ~c.v.r. •wzas.n. ~ .N~. ~ AcE. o,,,cHS NOTE~ARRS As Esr.xlNCP N rwE :oww ~ ~'~--~ TEALEY'8 LAND SUHVEYNiO r _ ____- r ' er us som srcrcr ~~ wArcx crtT, o. eAau ~° PrO}ct NO. JIIB greet t of 2 Spurwing Greens FP.doc PAGE 6 Exhibit D -Proposed Landscape Plan (labeled Sheet L1.00, prepared by The Land Group, dated 05/27/10) ~, lfi •~ r _____ ...~«wr. ~~ .c .e~.~..-o... E.~esp Tae: lepeM_____ )w~+,..« v ~. ----- mot, ~'- ~c~, ... 4 ~ ~~... '_ Y .. • ~~. k;o .. ' ; ., s~ 1 t _ ', .. } ~ ~" _ r ~ r i 1 _ I ~k~ ~`' ~ r 1 _ ~ y~ : i ~ ; ~ h ~~ ~' ~ i Z. t tiµ ~..~- ~ ~ ~k ~~ ~~. r ~ -- ~ .. ~ .~~~~ ~. ~ _ _ -- f ~` IC y Landscape Pian PWISdwJh; wer wrarcu w~~ cawaxuc. ra ~ a.u mcm.,owsuie nmb wear. ~ ~ ~ ~ y~ ~~~ »- W ~'_ M ~~~ s ~- - ~- ~ ,. ,.~, ~,- ., ,. 1 } ¢2 J a ............. ._. .~>.,. U 0 -:_ ~. -f __ ~ ~g f; ~~ ~. ~~~:f ~_ , _ ___ _ .~., L1.00 Spurwing Greens FP.doc PAGE 7 Page 1 of 1 Bill Parsons From: Donna Ahmed [dahmed@tealeys.com] Sent: Thursday, July 22, 2010 4:54 PM To: Bill Parsons Cc: Jaycee Holman; Machelle Hill; Jacy Jones Subject: RE: Staff report for Spurwing Greens final plat for 07/27/2010 CC MTG We have read the staff report and have not objections at this time. Donna From: Bill Parsons [mailto:bparsons@meridiancity.org] Sent: Thursday, July 22, 2010 11:30 AM To: Jacy Jones; Jaycee Holman; Donna Ahmed; Pat Tealey; Bill Nary; Ted Baird; Machelle Hill Cc: Peter Friedman Subject: Staff report for Spurwing Greens final plat for 07/27/2010 CC MTG Attached is the staff report for the proposed Spurwing Greens Final Plat application (Fite #FP- 10-004). This item is scheduled to be on the City Council agenda on July 27, 2010. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call or e-mail with any questions. Pat or Donna -Please submit any written response you may have to the staff report to the City Clerk's office (jholmanC~meridiancity.orq, mhillCmeridiancity.org, and jjonesC~meridiancity.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