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Spurwing Grove Subdivision No. 2 FP-11-008BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT APPROVAL OF TEN (10) BUILDING LOTS AND ONE (1) COMMON LOT ON 3.03 ACRES OF LAND FOR SPURWING GROVE SUBDIVISION NO. 2, LOCATED IN THE NW 1/ OF THE SE 1/ OF SECTION 22, TAN., R.1W., MERIDIAN, IDAHO BY: SWG BRIGHTON, LLC APPLICANT C/C OCTOBER 4, 2011 CASE NO. FP -11-008 ORDER GRANTING FINAL PLAT APPROVAL OF SPURWING GROVE SUBDIVISION NO.2 This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 4, 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: October 4, 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 GROVE SUBDIVISION NO. 2 WHICH INCLUDES A RESUBDIVISION OF LOT 7, BLOCK 1 OF JAYKER ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING GROVE SUBDIVISION NO.2 (FP -11-008) Page 1 of 4 SUBDIVISION NO. 1 LOCATED IN THE NW/40F THE SE 1/4 OF SECTION 22, TAN., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2011, STAMPED BY JAMES R. WASHBURN, PLS ON 9/08/11, SHEETS 1 OF 3, ENGINEERING NORTHWEST, LLC, SWG BRIGHTON, 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: October 4, 2011, listing ten (10) SITE SPECIFIC CONDITIONS/FINAL PLAT and fifteen (15) GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of eight (8) 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: 1. The Plat dimensions are approved by the City Engineer; and ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING GROVE SUBDIVISION NO.2 (FP -11-008) Page 2 of 4 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 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 a � day of DATED this day of 014/I - , 2011. ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING GROVE SUBDIVISION NO.2 (FP -11-008) Page 3 of 4 Pv.s;�..�, Attest: Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. A Dated: t D - ;to - Zo tj ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWIlNG GROVE SUBDIVISION NO.2 (FP -11-008) Page 4 of 4 STAFF REPORT Hearing Date: TO: FROM: EXHIBIT A October 4, 2011 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-887-2211 SUBJECT: FP -11-008 — Spurwing Grove No. 2 Final Plat I. APPLICATION SUMMARY E IDIAN, IDAHO The applicant, SWG Brighton, LLC, has applied for final plat approval for ten (10) residential lots and one (1) common lot on approximately 3.03 acres of land. This is the second final plat proposed for the Spurwing Greens Subdivision. The proposed subdivision is zoned R-8 (Medium -density Residential District). The gross density proposed with this phase is 3.03 dwelling units to the acre with an average lot size of 10,100 square feet. The site is located near the northwest corner of N. Jayker Way and W. Magic Spruce Drive in the northeast'/ of southeast % of Section 22, Township 4 North, Range 1 West.. The City Council approved the Spurwing Greens preliminary plat (PP -10-001) on October 12, 2010. The approved preliminary plat consists of 214 buildable lots and 16 common lots on 86.66 acres. The first phase approved by Council on August 9, 2011 was phase platted with 3 residential lots and one common lot on 0.80 acres. The first phase received City Engineer's signature on August 30, 2011. The applicant is proposing to construct a planter island in the center of the proposed cul-de-sac. ACHD would prefer that the planter island remain part of the right-of-way, not as a common lot and would be approved through a license agreement with the District. The proposed planter island was not a requirement of the preliminary plat, thus staff is supportive of the planter island remaining part of the right-of-way for the home owners association to maintain. 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. Staff finds the proposed final plat to be in substantial conformance per UDC 11 -6B -3C and the approved preliminary plat attached as Exhibit B. If approved, the applicant has until August 30, 2013 to obtain the City Engineer's signature on the final plat or apply for time extension in accord with UDC 11-6B-7. II. STAFF RECOMMENDATION Staff recommends approval of the Spurwing Grove Subdivision No. 2 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. Spurwing Grove Subdivision No. 2 — FP -11-008 PAGE 1 EXHIBIT A 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 may be modified by the City Council and the approved preliminary plat (PP -10-001) for this subdivision. 2. The applicant has until August 30, 2013 to obtain City Engineer's signature on the final 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 September 8, 2011 by James R. Washburn, prior to signature of the final plat by the City Engineer, as follows: • Revise Note 1. to include a 5 -foot wide interior lot line public utility, drainage and irrigation easements. • Add a note that references DA instrument numbers 106151218 and 110059432. • Add a note on the face of the plat that identifies the recorded license agreement with ACHD for the landscape improvements (6 foot wide parkways and the planter island) within the right-of-way. The note should also address who is to maintain those improvements. The applicant shall comply with the submitted landscape plan prepared by The Land Group, dated September 6, 2011 with the following changes: • Occupancy shall be issued for home currently being constructed on Lot 11, Block 2 and all other lots within the proposed subdivision shall not obtain occupancy until the landscaping proposed for common lot 5, block 2 and the cul-de-sac planter island is installed. • The parkways along N. Portbush Place shall be installed at the time of lot development as set forth in UDC 11 -6C -3H. Said parkways shall planted in accord with UDC 11 -3A -17E and UDC 11 -3B -7C. NOTE: Some of the street trees are unable to be installed within the proposed parkways due an ACHD seepage bed. The applicant shall include as many street trees within the 6 -foot wide parkways as possible along N. Portbush Place. The remaining street trees that are unable to be accommodated in the parkways shall be planted within the 8 -foot wide parkway adjacent to the north boundary of W. Magic Spruce Drive between lot 1, block 2 and lot 11, block 2. Said parkways shall planted in accord with UDC 11 -3A -17E and UDC 11 -3B -7C provided an ACHD seepage bed is not constructed within the parkway. Provide three (3) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer's signature on the final plat. 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, Kimberly Cutler, 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. Spurwing Grove Subdivision No. 2 — FP -11-008 PAGE 2 EXHIBIT A 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. The internal road, N. Portbush Place, shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. IV. GENERAL REQUIREMENTS 1. 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. 2. 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. 3. 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- 5C-1. 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. 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. 6. 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. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 9. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. 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. 11. 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. 12. 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, a single -point Spurwing Grove Subdivision No. 2 — FP -11-008 PAGE 3 EXHIBIT A 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. 13. 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. 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 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. 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 Map B. Spurwing Greens Subdivision (PP -10-001) C. Proposed Final Plat D. Proposed Landscape Plan Spurwing Grove Subdivision No. 2 — FP -11-008 PAGE 4 EXHIBIT A Exhibit A — Vicinity Map SPURWING GROVE SUBDIVISION NO. 2 VICINITY MAP SCALE: 1" = 500' W''" -=� 1--1 It I PROJECT SITE LOCATION Spurwing Grove Subdivision No. 2 — FP -11-008 PAGE 5 EXHIBIT A Exhibit B — Spurwing Greens Subdivision (PP -10-001) Spurwing Grove Subdivision No. 2 — FP -11-008 PAGE 6 EXHIBIT A Exhibit C — Proposed Final Plat SPURWING GROVE SUBDIVISION NO. 2 A PARCEL OF LAND BEING A RESUBDIVISION OF LOT 1, BLOCK 7 OF JAYKER SUBDIVISION — PHASE 1, AND A PORTION OF THE NW 1/4 OF THE SE 1/4 OF SECTION 22, T.4N., RAW.. B.M., MERIDIAN. ADA COUNTY. IDAHO, UAW 2011 • -• �%�ooprwptJli�1I«c �c • s.,c:.uL OdR. DAM • A'�FitSAt.L OAS* W R a.00� smmm (u.1, �•u�•�v n 26)i - - zn s» • SLY'ip.1y r^mr�cxav ,^ Spurwing Grove Subdivision No. 2 — FP -11-008 PAGE 7 Exhibit A — Proposed Landscape Plan i EXHIBIT A EiM Spurwing Grove Subdivision No. 2 — FP -11-008 PAGE 8 Page 1 of 1 Bill Parsons From: Mike Wardle IMWardle@bdghtoncorp.com] Sent: Monday, October 03, 20118:33 AM To: Machelle Hill; Jacy Jones; Jaycee Holman Cc: Peter Friedman; Bill Parsons Subject: RE: Revised Staff Report for Spurwing Groves No. 2 for 10/04/11 CC MTG We have reviewed the revised Spurwing Grove No. 2 Subdivision final plat staff report and concur with the recommended conditions of approval. Please let me know if you have questions. Mike Ware 287-0512 From: Bill Parsons[mailto:bparsons@meridiancity.org] Sent: Friday, September 30, 20113:29 PM To: Mike Wardle; Machelle Hill; Jacy Jones; Jaycee Holman Cc: Peter Friedman Subject: Revised Staff Report for Spurwing Groves No. 2 for 10/04/11 CC MTG Clerks, Attached is a revised staff report for the Spurwing Grove No.2. Please disregard the previous version sent to you on Wednesday. Mike — Please update your response to staff report and send to the Clerk's Office and Mr. Friedman Thanks, Bill Parsons, AICP Associate City Planner 10/13/2011