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Spurwing Orchard Subdivision FP-11-005BEFORE THE MERIDIAN CITY COUNCIL C/C JUNE 21, 2011 IN THE MATTER OF THE REQUEST FOR FINAL PLAT APPROVAL OF 38 BUILDING LOTS AND 4 COMMON ON 12.98 ACRES OF LAND FOR SPURWING ORCHARD SUBDIVISION, LOCATED IN THE SE '/ OF SECTION 22, T.4N., R.1W., MERIDIAN, IDAHO BY: BRIGHTON INVESTMENTS, LLC APPLICANT CASE NO. FP-11-005 ORDER GRANTING FINAL PLAT APPROVAL OF SPURWING ORCHARD SUBDIVISION This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on June 7, 2011, 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: June 7, 2011, 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 ORCHARD SUBDIVISION A RE-SUBDIVISION OF A PORTION OF BLOCK 15, ALL OF BLOCK 16 AND ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING ORCHARD SUBDIVISION (FP- 11-005) Page 1 of 4 BLOCK 17 OF JAYKER SUBDIVISION NO. 1 LOCATED IN THE SE 1/4 OF SECTION 22, T.4N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2011, STAMPED BY JAMES R. WASHBURN, PLS ON 4/20/11, SHEETS 6 OF 7, ENGINEERING NORTHWEST, LLC, BRIGHTON INVESTMENTS, 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 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: June 7, 2011, listing 13 SITE SPECIFIC CONDITIONS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 9 pages, 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 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. ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING ORCHARD SUBDIVISION (FP- 11-005) Page 2 of 4 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 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 § b7-6521. 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. ST- By action of the City Council at its regular meeting held on the ,~, ~ day of 2011. DATED this Z~~~ day of , 2011. ~~ A.- .~..~,. .,~°~"~ Mayo T my de Weerd ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING ORCHARD SUBDIVISION (FP- 11-005) Page 3 of 4 .~ ~ ~ I fA Attest: ~ ~ ~ ~~~ r ~ . ~~ ~ .,~ „ ~ ~,. ~ ~ e< ~t[ '~`~'~ ,~ ~-' uA ~P µe red J ~' 1 ', ;~ 4 ta: , s ry I• ~`"' r ,~,~~ "fit ~ ~~,•; ~'` ~/ ~ is !~ -. .r ~~, y' ~ d ~i ``~~ ~ n.Y` ~ F •v+ ~~ Jt(r VI .g viy atiX~ r ~ a ~ w ~ ~~' ~ w. Jayc Holman, City ~lerk~ ~~~~. ~~..~~` ~ _~ a ~... y '1 ~ ~ `'.. ~ j t., '~ iYd~h' R ~.~ ~ P tn~ i ~,~ ~. r~P ~~ a~~r ~. ~ ~+~~ ~~ Co served u on the A:`~ '~gh'~a•r~.,~~~ ~ ~ ~~i~ De artment Public Works De artment, and Cit pY p p~~~~ ~~ g p ~ p Y Attorney. BY: Dated: ~'5~9~~~ ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWIlVG ORCHARD SUBDIVISION (FP- 11-005) Page 4 of 4 STAFF REPORT Meeting Date: TO: FROM: June 7, 2011 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 E II~IAN fDAHO Scott Steckline, Land Development Supervisor 208-887-2211 SUBJECT: FP-11-005 - 5purwing Orchard Final Plat I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applif;d for final plat approval for thirty-eight (38) building lots and four (4) common lots on approximatf;ly 12.98 acres of land. The subject property is currently zoned R-15 (Medium-high Density Residential District). The site is located on the north side of Chinden Boulevard; east of N. Tree Farm Way in the southeast % of Section 22, Township 4 North, Range 1 West. The City Council approved the Jayker 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. This is the third final plat proposed for the Jayker Subdivision. The applicant is re-platting a potion of Phase 1(39 residential lots and 2 common lots) to accommodate a revised subdivision design. Re-platting the property was a simpler than processing multiple property boundary adjustments and vacation applications to develop the lots as they exist now. To accommodate the new plat design, the open space has been reduced by 7,575 square feet (0.17 acres) to 4.98 acres or 38.4% well in excess of the 10% percent required by the Unified Development Code, and the reduction does not conflict with the open space requirements originally approved with Phase 1. A vacation application is scheduled in conjunction with the final plat to vacate a portion of the plat (39 lots and 2 common lots) and the associated easements that were approved with Phase 1. A new exhibit is attached as Exhibit D with the final that depicts how services will be provided to accommodate the new plat design. Per UDC 11-3A-3, the applicant is also seeking a Council waiver for acurb-cut to N. Jayker Way, a designated collector street. The proposed curb-cut connects to a planned common drive that serves four (4) residential lots. The connection to the collector street is meant to serve as a circular driveway. Further, the proposed residential lots front on a designated local street. Thus, Staff is of the opinion that the proposed lots do not take direct access from the collector street. The applicant has provided correspondence from ACRD supporting the curb-cut. Therefore, staff is supportive of the applicant's request for the curb-cut to N. Jayker Way, as proposed. Staff is also requesting Council reset the expiration date for the subject final plat. Staff is of the opinion that this is a unique situation which the code did not contemplate. Because the applicant is vacating lots from a recorded plat, the UDC does not define an expiration date for the subject fmal plat. Therefore, Staff believes the timeline for signature on the subject plat should start from the date of Council action. Staff recommends that the applicant have until June 7, 2013 to obtain the City Engineer's signature. Spurwing Orchard Subdivision-FP-1I-OOS.doc PAGE 1 II. STAFF RECOMMENDATION Staff recommends approval of the Spurwing Orchard Subdivision 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 shall meet all terms of the approved annexation (AZ-06-004), development agreements (instrument # 106151218 and 1 1 005 943 2), or as may be modified by the City Council for this subdivision. 2. The applicant has until June 7, 2013 to obtain City Engineer's signature on the fmal plat or apply for another time extension 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. Revise the notes on the face of the plat prepared by Engineering Northwest, LLC, stamped on Apri120, 2011 by James R. Washburn, prior to signature of the final plat by the City Engineer, as follows: • Revise Note 1. to include $ the 5-foot wide interior lot line public utility, drainage and irrigation easements or as determined by the City En iig peer. • Revise Note 11 to include Lot 9, Block 2. • Add note that references DA instruments numbers 106151218 and 110059432. 5. The applicant shall comply with the landscape plan submitted and approved with Jayker Subdivision No. 1 final plat (FP-07-026), dated Apri128, 2009. 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. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 9. Prior to signature on the final plat by the City Engineer, the applicant shall provide exhibits for each individual common drive quad lot configuration (four (4) in total) that depicts the setbacks, building envelope, orientation and structures in accord with UDC 11-6C-3D.7. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 12. Prior to the issuance of a buildine permit anv future attached homes shall obtain certificate of zoning compliance (CZCI and administrative desien review (DESI approval from the Plannine_ Department. Spurwing Orchard Subdivision - FP-11-005.doc PAGE 2 13. For clarification. the curb-cutlcircular driveway for Lots 2-5. Block 11 to N. Javker Wav was granted by City Council. GENERAL REQUIREMENTS Street signs are to be in place, water system shall be approved and activated, sewer line shall be installed and passed air test and video inspection and final plat recorded prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted sanitary sewer prior to signature on the final plat. All development improvements, including but not limited to water and sewer, shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11- SC-l. 4. The applicant shall provide a 20-foot easement for all public water/sewer mains 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. 5. The applicant shall provide sewer services to Spurwing Orchard Subdivision as depicted in Exhibit D. Said improvements shall be reviewed and approved by the Public Works Department prior to issuance of a building permit. The required improvements shall commence at the time the lots are developed. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. 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. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 3 12. 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. 13. 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. 14. 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. 15. 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 ACRD. 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. 16. 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. Zoning/Vicinity Map B. Jayker Subdivision No. 1 C. Proposed Final Plat D. Sewer Service Plan Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 4 Exhibit A -Zoning/Vicinity Map w 4093 6856 a ~ o ,o O .o m in ~~ ~'~ N p,'.h~ 6835 6832 0 ~ 6823 W SNOW CHERRY CT M ~ ~b R-2 2 6811 6808 6781 680p ~ M ~ -~~~ ~ ~ 6787 6784 M n °rn° n ~ ~m R-8 677p w w a ~, s -- - --- -- - c 2 v~ R-15 6651 -! a .. R-15 R-8 C-N a Q LL W W ll W CHINDEN BLVD ~ L-O RUT R-8 Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 5 «.o, JAYKER SUBDIVISION -PHASE 1 ~~.~ I ~. ..,. i ® ~ - - a• ~ ® ® o ~I ~' ~ I ~~ -----------b~_~' ._~__ _!VLl~ ~ -..~-~ --"-y'--- - - --i-- ------------------ ~ -y ---°- {~------------- --- ------------ t{ _ _____.___________________________~~____ ___ t! __ ______________ _ H~Oflf ~Ri 1 IYPPGR . , w C/L l41t tliGtU7 f0/Z/ (t. ®IU711 6YD~ ~~ .9~tT 1140. 9 QI 11 Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 6 Exhibit B - Jayker Subdivision No.l ,. O v ~v ~ r ~~ ~ r O TO t _ ~ r9 • ec~cxut_ 0 a 99 . sreasssss~rJ~-•_•._•_ •:~:.~~.:~s._._~. ~~e~L FIS ... r ~' \.,.r. •~ ~y~.YO{~~~i~J~L1y~t~1~1'fy~~~'1C:~.o. +Olerr<'~~ ~:3Si~' • ICiMi'bSICJ9: LC8f~9i~tl'71 fi.. ..rco 4iQdY-- "R,~ ___ ___ ___ ___ ___~ .. sa 999n ari ea ee 9w _ _ _ 9mlar SPUAWIN6 OBCHABD SiTBDIVISION BANG A RESUBDINSION OF A PORTION OF BLOCK 15 AND ALL OF BLOCK 18 AND BLOCK 17 OF JAYKER SUBdVlSION -PHASE 1 LOCATED IN Tiff S 1/2 OF THE SE 1/4 OF SECTION 22, T.N~1.., R.1 w., B.M. MERIDIAN, AOA COUNTY, ~AHO «,+n ,.~~ - n~ , 2011 16y~teNtitLC ~ edB4 io~wo i --- -` - ' J "' ,~ o ~ 0 0 0~ ~r '. ~ ~_ ~~ ~~' ~<•)~ fir/ ~,~ I Jr I ~ a O a c' " ~ ~. ~ {~ /~~m `~~ ; w .~ a ~ of 42 4f 9 a ~x 11 s ® ~ ®d uyP~+rri ' s scar ~ ¢yy~~ ~~~ T~~------- -- ---------~------ O ~-----------~~. ~ °-------I------- a- ~ 119f APMf ~__ 9041[ 1MlMP 9r/M (~/ O~9p1 Lam) ~ ` - _ _ _ _ _ . Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 7 a~' ~~ r ' t~ / ~ ~+Yr ' h .'. .,~~; ". ~, ; - <. //''~' , PLAT 9lO~M/G SPURWIN6 QRCHARD SUBDIVISION BEINC A RESUBDIViS10N OF A PORTION OF BLOCK 95 AND ALL t)F BLOCK 18 ANO BtOQC 17 OF JAYKER SUBdN51ON -PRASE t LOCATED IN THE 5 t/2 OF 1}IE SE t/4 d' SECTION 22, T.tN., R.tw., B.M. MERIDIAN, ADA COUNIY, KJAFiO 2611 ., an ~ eca~ Ala 0 i e` wrc r - ~v ---- d----------------- o ----------------~__------------- PLAT SgYMIG SPURWING ORCHARD SUBDIVISION 201 ~ s~r.«rsrear..~,>sc / ~. ~ - ~ ~~~t /~ r 1//~ ~ Irr ----- .-_- i~~\ \ ~' v ~~ ' 4~ I ~, ~ Al /J ~ ~ tO O I )))~ ~ ~ y} / ,// 1 1 1 .<< ~ ,~ o ~~ ~ '~° w. cwec~wR a. i I, ~ ~~ ,. ,. O y, .~ ..~ ~_ / t/ / ~~ ~j~ ~~ '\ i ,~ ,1: .. M g ¢~O I' O /, 11 O ~ /. ,~ o ~~,/ .~-~, ~` ,~ / o '4o i ,~.~'°`_ ,° _ J ~, Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 8 D. Utility Exhibit v a a s a m a z a a m m p ~1 q W -- _ -= a. irt+r j ~" ~~ `- "~' ._.~., a_ '~~~~ ~ _--__ o ---_ "~-~--'' /~ cares M ,o ~~\ ~ \Z ~airw RVLL Y- . . ~~ t ~~ ~~~,~~ = o ~::~ _~ l/ o 0 0 0 ~~. ; o l __~ ~ o ,. ,, ~ /` _ > , . " ~ - -, f o,_,. ~~~ _~- . ~ --- ~.. © o ® o ® ~ e ®.~® ~" i ~ - -- °---------- tom- ~----------------- k____.________________ 1~ee~AiortAiaKL~C I SPURNANG ORCHARD ~ ~~ SUBDIVISION sEwm mews P~u~ ~ Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 9 Page 1 of 1 Bill Parsons From: Mike Wardle [MWardle@brightoncorp.com] Sent: Monday, June 06, 2011 3:36 PM To: Bill Parsons Cc: Anna Canning; Jaycee Holman; Jacy Jones; Machelle Hill; David Turnbull Subject: Spurwing Orchards Subdivision Bill, We have received and reviewed the staff reports for the referenced project applications. Specifically: VAC-11-001, Jayker Subdivision No. 1, and FP-11-005, Spurwing Orchard Final Plat. For the record, we concur with staff's recommendation for VAC-11-001. Further, with the exception of the first bulleted item of Site Specific Condition No. 4, we also concur with staff's recommendation for FP-11-005. We propose to modify that condition by deleting the word "a" and adding new (underlined) language, as follows: "Revise Note 1. To include mot- 5-foot wide interior lot line public utility, drainage and irrigation easements or as determined bYthe City Engineer." Please let me know if you have questions. Mike Wardle 287.0512 6/8/2011