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Spurwing Grove Subdivision No. 5 FP-13-010BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 16 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 6.47 ACRES INAN R-8 ZONING DISTRICT BY: BRIGHTON DEVELOPMENT INC. APPLICANT HEARING DATE: MARCH 19, 2013 CASE NO. FP-13-010 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 19, 2013 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 Division and the Public Works 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: 1. The Final Plat of "PLAT SHOWING SPURWING GROVE SUBDIVISION NO. 5, LOCATED IN THE S % of SECTION 22, T.4N., R.1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2013, HANDWRITTEN DATE: 02/18/13, JAMES R. WASHBURN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions set forth in the staff report to the Mayor and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING GROVE SUBDNISION NO.S (FP-13-010) Page 1 of 3 City Council from the Planning Division and the Development Services Division of the Community Development Department dated March 19, 2013, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Mike Wardle, Brighton Corporation, 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 Clerk 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING GROVE SUBDNISION NO.S (FP-13-010) Page 2 of 3 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 pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 2013 Z "~ day of _~_.-~-" -, Tammy de' W erd Mayor, of Meridian Attest: ~~,~c"~ Aa~;~ T o~ ~?9 U ""d City of ~~ / -,. -~ ~~ E ID1A N~-- ooa~n Jaycee lman ,. SEAL i ~~7 `1P City Clerk 6A «4~ of fhe THF'~" Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. { ~ ,~ ~-- 3 -1 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING GROVE SUBDNISION NO. 5 (FP-13-010) Page 3 of 3 EXHIBIT A STAFF REPORT Hearing Date: TO: FROM: March 19, 2013 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 E IDIAN~-~- 1DAH4 SUBJECT: Bruce Freckleton, Development Services Manager 208-887-2211 FP-13-010 - Spurwing Grove No. 5 Final Plat I. APPLICATION SUMMARY The applicant, Brighton Development Inc., has applied for approval of a final plat consisting of sixteen (16) residential lots and four (4) common lots on 6.47 acres of land. This is the sixth final plat proposed for the Spurwing Greens Subdivision (PP-10-001). The gross density of the proposed subdivision is 2.47 dwelling units (d.u.) per acre with a net density of 4.33 d.u. per acre. The average lot size is 10,062 square feet (s.£) and the minimum anticipated dwelling size is 1,400 s.f. All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. The open space proposed with the plat includes amicro-path lot, collector street buffers and 8-foot and 6- foot wide parkways along the proposed local streets. The proposed open space totals 34,615 square feet which is approximately 12.3% open space for this phase. The open space is consistent with the overall project open space requirements of 21% approved with the preliminary plat. Because the number of buildable lots is the same and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. The site is located north of Chinden Boulevard and west of N. Jayker Way in the southeast '/4 of Section 22, Township 4 North, Range 1 West. II. STAFF RECOMMENDATION Staff recommends approval of Spurwing Grove Subdivision No.S 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 agreement (instrument # 106151218 and 110059432), and the approved preliminary plat (PP-10-001) for this subdivision. 2. The applicant has until December 21, 2014 to obtain City Engineer's signature on the final plat or apply for a 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. The final plat prepared by The Land Group, Inc., stamped on February 18, 2013, by James R. Washburn, shall be revised prior to signature of the final plat by the City Engineer as follows: Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 1 EXHIBIT A Notes # 1 and #2: Remove the sentence "Said drainage and irrigation easements are reserved for the spurwing greens master association, inc. or assigns. • Note # 15: insert instrument number for license agreement. • The applicant shall stub W. Sugar Tree Drive and rovide the ri ht-of-wav (ROWI for the extension of the ROW through Lot 1, Block 9 (east boundary of N. Jayker Way) to the Teco One property (Parcel #50422427960). The landscape plan prepared by The Land Group Inc., dated February 19, 2013 shall be revised as follows: • The 8-foot parkways along W. Sugar Tree Drive and the 6-foot wide parkways adjacent to N. Dornoch Place may be installed at the time of lot development as set forth in UDC 11- 6C-3H. Said parkways shall be planted in accord with UDC 11-3A-17E and UDC 11-3B- 7C. Provide four (4) additional trees along the north side of W. Sugar Tree Drive. NOTE: Some of the street trees are unable to be installed within the proposed parkways due ACHD seepage beds (Lots 9,10 and 11, Block 3). The required street trees must be installed within the adjacent buildable lot. • The street trees depicted on the landscape plan must be planted a minimum of five feet from any water service. Prior to signature of the final plat by the City Engineer, the applicant shall coordinate with Land Development to determine the location of trees located near a water service. Lot 8, Block 8 shall be a minimum of 20 feet wide and landscaped in accord with UDC 11- 3B-7C. This buffer shall include a portion of Lot 7 and Lot 9, Block 8 to ensure a continuous 20-foot wide landscape buffer is provided along the west boundary of N. Jayker Way. NOTE: A portion of the landscape buffer may lie within the confines of the Teco One property. Since there is a pending preliminary plat application for the Teco One property, the applicant shall coordinate with the property owner on the installation of the landscape buffer to ensure a continuous 20-foot wide landscape buffer is provided along N. Jayker Way. Prior to signature on the final plat the applicant shall provide written documentation from the Teco One property owner agreeing to the install his portion of the landscape buffer OR construct the entire 20- foot wide landscape buffer within the confines of the plat boundary. • Lot 1, Block 9 shall be a minimum of 20 feet wide and landscaped the entire width of the buffer in accord with UDC 11-3B-7C; provide seven (7) additional trees. • Modify the landscape plan to include the required stub street through Lot 1, Block 9 that stubs to the Teco One property. 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 north the subdivision boundary prior to release of building permits for this subdivision. 8. Applicant shall be responsible to construct all required development improvements to the subdivision boundary within N. Jaker Way, including but limited to; sanitary sewer, water, pressurized irrigation, sidewalks and paved roadway or as agreed with the adiacent nronertv Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 2 EXHIBIT A owner benefiting from the agreement The applicant shall provide written documentation that both parties agree with the subdivision improvements as discussed at the March 19.2013 hearing. 9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. IV. GENERAL REQUIREMENTS Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 3. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 4. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 5. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 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 the issuance of a plan approval letter. 7. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. All grading of the site shall be performed in conformance with MCC 11-12-3H. 11. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 12. 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. 13. The applicants 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 ACRD. The design engineer shall provide certification that the facilities have been installed in Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 3 EXHIBIT A accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 14. 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. 15. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Street lighting is required at intersections, corners, cul-de- sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 16. 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. 17. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 18. 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. 19. 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. 20. 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. V. EXHIBITS A. Vicinity Map B. Spurwing Greens Subdivision (PP-10-001) C. Proposed Final Plat (REVISEDI D. Proposed Landscape Plan Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 4 EXHIBIT A Exhibit A -Vicinity Ma c~ 0 U' y m ~1 R-2 <~~ S~ a ~ ~ ° ~ 1 - i ~ v _ _ '~ :~~ a ~. _., ~' V ~a W _ ~~ ~ R d ~~ R-8 ro ~' ~ c ~- `a m - ~ - -r- z _ ` m ~ ~O ' R-4 ~ d L ~ ~ -'~~___ `~~ k' ~ 12-8 ('-C a __ -- yJ~ ~~ f R-15 ~ ' ~ ~ r . -- - ~,-N - ~ ~ ~ .. ~~ _ ~ y o i ~ _ . .. _-- - ..._1_ -- - W Chinde Bl d i a, ~ R-8 R b• RUT ~ d I2-8 c F: Z~' _ Larr L W L ost s . r Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 5 EXHIBIT A Exhibit B - Spurwing Greens Subdivision (PP-10-001) Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 6 EXHIBIT A Exhibit C -Proposed Final Plat (REVISEDI ,a,,,.~m a €t _;------1 F ~ ~~~ J 1 ~ ` _~-~ '~' ~• ~,x`'~ .I~o ,~. stuPe'U`I ~~ I s ~ o w v^ o. 3 .. pit ~1 :;1 i ~i P,~ u~s~ w.mnp znz sn . o..z. w.Hm xaw. ems.., ~ z~s ` x E~ ~'~. ; =r. a ~ a ~s SPi,'I~~VING 4ROVi SCRIIIVISION NO. 5 ,,,.>_ ;,~ L:;c;nTE ~ Iv THE SOUTH t /z GF S,Et,T1'.ly 22. 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T L~. ~ '~ Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 7 EXHIBIT A Exhibit D. -Proposed Landscape Plan ._ ~.,u~ca /_ _ 'xb7~ f4 >w~„w~ awa '.`fin y, ~-.cn.x. ~ ' ~ i~~ we. ~~ w a. ~uebn~.w. w~ yyu muawr srnnau•v. ueem.mma~aamwauw.,r rvm.m • ~ (t ' aV vxro tt~~ ;~ - ' ~ Sheat Tree Notes .., •••, , - ~~ a.,,... ~ ACHD Wshesos Plan Notes '"" °i~•°.• i ~ a ~ $ <; ..,, , ~, .. ~ ~~ ~ ~~ ~ ~, . °~ ~.,.~ .. ~.~ .~ _r, ... :o. rte. n :~' J. - ~ ~'.\ u ~ `~ •• . w ~..,~ '~ ~b' ~ ~~ '0° ~ '>~ oonea,.r... rv R. n \ ~ - o ~ n .~,. ~ ~,.a,...~ .~~` _ _ ~ ~~~ ' ' ~ ~\ ~ Pmiect Ca6cWOOns M ,' ,~ •_ • ~~ is .~ ~ l~ '~ - ~ ,, ~~ + iL'9 ' .: - - = ,r ~, ~ Lalndsoly~e Plan r.~ Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 8 Bill Parsons From: Mike Wardle <MWardle@brightoncorp.com> Sent: Tuesday, March 19, 2013 2:50 PM To: Bill Parsons; Jacy Jones; Jaycee Holman; Machelle Hill Cc: David Turnbull; tuck.ewing@ewingcompany.com; gene@thelandgroupinc.com Subject: FW: Spurwing Grove Subdivison No. 5 staff report for 03/19/13 CC MTG Attachments: Scanned from a Xerox multifunction device001.pdf APPENDED APPLICANT STATEMENT All, We have reviewed the referenced staff report and concur with the recommended conditions of approval subject to the following underlined) language additions: Condition 4.3'd bullet • The applicant shall stub street right-of-way for W. Sugar Tree Drive through Lot 1, Block 9 (east boundary of N. Jayker Way) to the Teco One property (Parcel #50422427960). Condition 7 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 north subdivision boundary prior to release of building permits for this subdivision. Condition 8 8. Applicant shall be responsible to construct all required development improvements to the subdivision boundary within N. Jaker Way, including but not limited to; sanitary sewer, water, pressurized irrigation, sidewalks and paved roadway or as agreed with the adjacent property owner benefitting from those improvements. Reason: The extensions of Jayker Way and Sugar Tree Drive intersect the common property boundary between Brighton and The Ewing Company/Teco One at acute angles. The parties have agreed that Brighton will stub all utilities to, and terminate street Improvements at the end of the curb return for north and east legs of the intersection. Ewing/Teco wild construct the remainder of the required improvements when it develops Heron Ridge Estates Subdivision. This condition modification applies only to the initial construction of improvements for Spurwing Grove No. 5 (see attachment). The Council will recall that the original Jayker Subdivision approval included a requirement that Jayker-now Spurwing-contribute 69% of the cost of the extension of Jayker Way northerly to the Phyllis Canal; that requirement is still in effect. The form and timing of that contribution will be addressed with ACHD. Thus, even though Ewing/Teco will extend Jayker Way in the future, Brighton will be paying much of the cost of that roadway. I will attend the City Council meeting this evening to answer questions. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 ~ Boise, Idaho 83713 Direct 208.287.0512 ~ Cell 208.863.6150 From: Bill Parsons [mailto:bparsonsCa~meridiancity.org] Sent: Thursday, March 14, 2013 1:05 PM To: Mike Wardle; Bill Nary; Ted Baird; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Caleb Hood; Bruce Chatterton Subject: Spurwing Grove Subdivison No. 5 staff report for 03/19/13 CC MTG Attached is the staff report for the proposed Spurwing Grove Subdivision No. 5 final plat application (File #FP-13-010). This item is scheduled to be on the City Council agenda on March 19, 2012. 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. Mike -Please submit any written response you may have to the staff report to the City Clerk's ofi'ice (jholman@meridiancitv.ore, mhill@meridiancity.org, and iiones@meridiancity.orel and myself (e-mail or fax) as soon as possible. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsoiis@meridiaiicity. org r: .~ J \~ ~~~I X /: ~ / P ~1~ ~` 0 ~~ ~~~ } ~~ Ju~ .- I