Larkspur Subdivision No. 5 - FP-12-015BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF ~ SINGLE-
FAMILY RESIDENTIAL
BUILDING LOTS AND 2
COMMON/OTHER LOTS ON 2.36
ACRES OF LAND IN THE R-8
ZONING DISTRICT
BY: JLJ ENTERPRISES
APPLICANT
HEARING DATE: AUGUST 7, 2012
CASE NO. FP-12-015
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on August 7, 2012 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning Department and Public Worlcs Department,
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:
The Final Plat of "PLAT SHOWING LARKSPUR SUBDIVISION NO. 5,
LOCATED IN THE SW 1/4 OF SECTION 19, T.3N., R.lE., B.M., MERIDIAN,
ADA COUNTY, IDAHO, 2012, HANDWRITTEN DATE: 7/02/12, CARL
PORTER, PLS, SHEET 1 OF 3," is conditionally approved subject to those
conditions of Staff as set forth in the staff report to the Mayor and City Council
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LARKSPUR SUBDIVISON NO. 5 - FP-12-015
Page 1 of 3
from the Planning Department and the Development Services Division of the
Public Works Department dated 8/07/12, a true and correct copy of which is
attached hereto marked "Exhibit A" and by this reference incorporated herein, and
the response letter from Gus Porter, a true and correct copy of which is attached
hereto marked "Exhibit B" and by this reference incorporated herein
2. The final plat upon which there is contained the certification and signature of the
City Clerlc and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety 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 Clerlc 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LARKSPUR SUBDIVISON NO. 5 - FP-12-015
Page 2 of 3
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 pursuant to Idaho
By:
Tammy erd
Mayor, Ci of Meridian
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
By: _`-- Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LARKSPUR SUBDIVISON NO. 5 - FP-12-015
Page 3 of 3
EXHIBIT A
STAFF R>CPORT
Meeting Date:
TO:
FROM:
August 7, 2012
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
__
SUBJECT:
Scott Steckline, Land Development Supervisor
208-887-2211
FP-12-015 -Larkspur Subdivision No. 5
I. APPLICATION SUMMARY & LOCATION
The applicant, JLJ Enterprises, has applied for final plat approval for eight (8) building lots and two
(2) common lots on 2.36 acres of land for Larkspur Subdivision No. 5. This is the third final plat
proposed for Larkspur South Subdivision. The proposed subdivision is currently zoned R-8 (Medium-
Density Residential). The gross density of the proposed subdivision is 3.39 dwelling units per acre;
the net density is 4.20 dwelling units per acre. The average lot size is 5,212 square feet. All of the
homes proposed for this phase are single-family detached.
The property is located east of S. Meridian Road and approximately a''/4 mile north of E. Victory
Road in the Southwest 1/4 of Section 19, Township 3 North, Range 1 East.
Open space planned for this phase includes two passive open space lots with a cenh•al gazebo
connected with an internal s-foot wide micropath. The two (2) common lots tota10.94 of an acre.
These proposed lots are the majority of the open space required for the development.
The City Council approved the annexation (AZ-06-049) and the preliminary plat (PP-06-051) for
Larkspur South Subdivision on January 9, 2007. The approved preliminary plat consists of 60 single-
family residential building lots and 6 coimnon lots on 12.81 acres of land (Exlubit B). In 2010 the
applicant obtained approval of the first phase of the Larkspur South Subdivision (FP-10-006). This
phase developed with 22 residential lots and 1 common lot on 3.79 acres. The second phase of the
Larkspur South Subdivision (Larkspur Subdivision No. 4; file #FP-12-014) is scheduled in
conjunction with this final plat application.
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 redaction ii1 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 is the same and the required open
space has not changed. The applicant has until November 19, 2012 to obtain the City Engineer's
signature on the final plat or apply for another time extension in accord with UDC 11-6B-7.
Larkspur Subdivision No. 5 FP-12-015 PAGE 1
EXHIBIT A
II. STAFF RECOMMENDATION
Staff recommends approval of Larkspur Subdivision No. 5 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), time extension (TE-08-025) and final plat (FP-10-006) applications for this subdivision.
2. The applicant has until November 19, 2012 (or 2 years from the date the City Engineer signed the
most recent plat) 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 signatm•e, 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 Carl Porter, stamped on July 2, 2012, prior to
signature of the final plat by the City Engineer, as follows:
a. Note #9 insert instrument number.
5. The subject property shall be subdivided prior to issuance of any building permits.
6. The applicant shall comply with the submitted landscape plan prepared by Jensen Belts
Associates, dated July 2, 2012 with the following comment:
® All landscape improvements proposed for Lot 7, Bloclc 6 and Lot 11, Bloclc 7 must be
installed prior to releasing occupancy for any homes constructed within the subdivision.
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. 5 shall comply with the
standards in accord with UDC 11-3A-7.
8. Prior to signature of the fmal 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.
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 colder UDC 11-3B-ll.
If the stormwater detention facility cannot be incorporated ilito the approved open space and still
meet the standards of UDC 11-3B-ll, 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 ACRD, City of Meridian and all other regulatory requirements at the
time of final construction.
10. 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, exchisive 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
Larkspur Subdivision No. 5 FP-12-015 PAGE 2
EXHIBIT A
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.
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.
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 bacl~ll, where footing would sit atop fill material.
9. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be 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 Fali•
Housing Act.
12. Any tree over 4" in caliper that is removed fiom 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 fiom 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
Larkspur Subdivision No. 5 FP-12-015 PAGE 3
EXHIBIT A
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
or the ACRD. The design engineer shall provide certification that the facilities have been
installed ni 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 airy strnct<lres within the
project.
V. 1CXHIIBITS
A. Zoning/Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
Larkspm• Subdivision No. 5 FP-12-015 PAGE 4
EXHIBIT A
Exhibit A -Zoning/Vicinity Map
Larkspur Subdivision No. 5 FP-12-015 PAGE 5
EXHIBIT A
Exhibit B -Approved Preliminary Plat
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Larkspur Subdivision No. 5 FP-12-015 PAGE 6
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Larkspur Subdivision No. 5 FP-12-015 PAGE 7
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Larkspur Subdivision No. 5 FP-12-015 PAGE 8
Bill Parsons
From: Gus Porter [Gus@sawtoothls.comj
Sent: Tuesday, August 07, 2012 9:34 AM
To: Bill Parsons
Cc: Jaycee Holman; Machelle Hill; Jacy Jones; Carl Porter
Subject: RE: Larkspur No. 4 and Larkspur No. 5 final plat staff reports for 08/07/12 CC MTG
Bill,
Regarding the staff report, our comments are as follows:
Larkspur Subdivision No. 4
Section III item 4b.: We do not agree with the staff recommendation. We need to keep the ACRD
temporary turnaround easement on Lot 9, Blocl< 12 to avoid wasting a buildable parcel,
possibly indefinitely. In order to do so, we are proposing that we stipulate in the CCR's
that the homeowner's association will remove any asphalt or other improvements and
restore landscaping to the common lot at the time of the extension of E. Whitehall St.
Section III items 12 & 13, and
Section IV items 13 & 14: Since Lot 1 Block 12 is not owned by JU Enterprises, JU Enterprises cannot agree to be
held responsible for any improvements, modifications, inspections, vacations, etc. as it
has no right to the property. We are currently working on obtaining a letter from Karen
Anne Marlow, the owner of the proposed Lot 1, Block 12 stating that she will agree to
the requirements and conditions listed in the City Staff Report that pertain to her
property.
Larkspur Subdivision No. 5
We have no comments at this time.
Thank you,
Gus Porter
207 W. MA1N ST.
EMMETT, ID 83617
From: Bill Parsons [mailto:bparsons@meridiancity.or
9~
Sent: Tuesday, August 07, 2012 8:19 AM
P: 208,398.8104
F: 208.398.8105
C: 208.860.0532