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HomeMy WebLinkAboutTiburon Meadows Subdivision FP-04-052 BEFORE THE MERIDIAN CITY COUNCIL C/C August 24, 2004 IN THE MATTER OF THE APPLICATION OF TIBURON MEADOWS, LLC FOR APPROVAL OF 45 BUILDING LOTS AND 1 OTHER LOT ON 10.69 ACRES IN AN R-4, R-8, AND L-O ZONES LOCATED AT 1450 NORTH TEN MILE ROAD WITHIN THE NW % OF THE NW % OF THE T.3N., R.IW., SECTION 11 CASE NO. FP-04-052 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on August 24, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Senior Engineering Technician for the Public Works Department, dated: Hearing Date: August 24, 2004, 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: I. The Final Plat of "PLAT SHOWING TIBURON MEADOWS SUBDIVISION LOCATED WITHIN THE NW \4 OF THE NW \4 OF THE T.3N., R.lW., SECTION II, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TIBURON MEADOWS SUBDIVISION I (FP-O4-052) Pagelof4 SHEET I OF 3, HANDWRITTEN DATE: 07/08/04 , TREASURE VALLEY ENGINEERS", TIBURON MEADOWS, 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 Sonya Allen Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Senior Engineering Technician for the Public Works Department, dated: Hearing Date: August 24, 2004, listing 21 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their August 24, 2004 meeting as follows, to-wit: l.l Adopt the action of the City Council taken at their August 24, 2004 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, revising number 12, that reads as follows: Conditions of Approval 12. Graphically depict 8-foot wide easements adjacent to the north side of Lots 20 and 31, Block 1. This extra width is required due to the location of pressurized irrigation mains. To add the following sentence: Easements are not required, as long as no interior fencing is constructed on the interior lot line between Lots 19 and 20, and Lots 31 and 32, Block I. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TIBURON MEADOWS SUBDIVISION 1 (FP-O4-052) Page 2 of 4 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: I. 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 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 d4 th day of AU~I1* ,2004. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TIBURON MEADOWS SUBDMSION I (FP-O4-052) Page3 of 4 Dated: q.24.ð4 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TIBURON MEADOWS SUBDIVISION I (FP-O4-052) Page 4 of 4 MAYOR Tammy de Weerd of1e;;d/(;rfl IDAHO LEGAL DEPARTMENT (208)466-9272 .Fax466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 CITY COUNCIL MEMBERS Keith Bird William LM. Nary Shoun Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533' FAX 888-6854 STAFF REPORT: Hearing Date: August 24, 2004 To: Mayor and City Council Sonya Allen, Assistant City Planner J;f Bruce Freckleton, Senior Engineering Tech ~ Tiburon Meadows Subdivision From: Re: Final Plat approval of Forty-five (45) Building Lots and One (1) Common Lot on 10.69 Acres in R-4, R-8, and L-O Zones by Tiburon Meadows, LLC (File No. FP-O4-052). We have reviewed the above referenced submittals and offer the fonowing comments as conditions of approval. These conditions shan be considered in fun, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Tiburon Meadows, LLC, has applied for Final Plat approval of 45 building lots and I common lot on 10.69 acres of land for Tiburon Meadows Subdivision. An existing church is located on Lot 40, Block 1 as is an existing house on Lot 2, Block I, which will remain; the other building lots will be single-family residential patio homes. The zoning designation for the proposed subdivision is R-4 (Low Density Residential), R-8 (Medium Density Residential), and L-O (Limited Office). This subdivision will have a gross density of 4.2 d.u.lacre and a net density of 5.29 d.u.lacre. Tiburon Meadows Subdivision is located at 1450 N. Ten Mile Road (approximately \4 mile south of W. Cherry Lane on the east side of N. Ten Mile Road), in the NW \4 of Section 11, T.3N., R.IW. The common area lot within the subdivision consists of landscaping, open space, and drainage. The pressurized irrigation system within this development is to be owned and maintained by the Nampa Meridian Irrigation District. A Conditional Use Permit was approved for this subdivision which allowed for reductions to the minimum requirements for lot size from 6,500 s.f. to 4,089 s.f. for detached homes, and a FP-04-052 Exhibit "A" Tiburon Meadows Sub.FP.doc Mayor & City Council Hearing Date: August 24, 2004 Page 2 reduction to the minimum street frontage requirement from 65-feet to 42-feet for detached homes and 15-feet to lO-feet for lots that have common drives. The submitted final plat substantially complies with the approved Preliminary Plat; however, there were some changes made to the Final Plat. The Preliminary Plat was approved with one lot more than was shown on the Final Plat. The applicant states that the reason for eliminating this lot is that Mrs. Huit, who owns Lots I and 2, Block I, requested that her new eastern property line align with the churches new eastern property line. The Final Plat has been revised to reflect this change along with making Lots 3, 4, 5, and 6 a little larger. Sheryl Drive from N. Ten Mile to Lot 3, Block I, was widened to a 54-foot right-of-way as required by ACHD for a local commercial road as a result of the rezone of the parcels adjacent to Ten Mile Road to an L-O zoning. Staff does not object to these changes. Staff recommends approval ofTiburon Meadows Subdivision with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1 FINAL PLAT I. Applicant is to meet all terms of the approved Rezone (RZ-04-007), Development Agreement, Conditional Use Permit (CUP-04-013), and Preliminary Plat (PP-04-016). 2. Fencing must be in compliance with MCC 12-4-10. 3. Revise or add the following notes on the face of the plat: (3.) (4.) (7.) (8.) Revise to read: "Unless otherwise shown. all lots are herebv designated as having a permanent easement for public utilities. drainage. and irrigation over the ten feet adjacent to anv public street. This easement shall not preclude the construction of hard surfaced drivewavs and walkwavs to each lot." Revise to read: "Unless otherwise shown. all lots are herebv designated as having a permanent easement for public utilities. drainage. and irrigation over the five- feet adjacent to anv interior side lot line. and over ten-feet adjacent to anv rear lot line or subdivision boundarv." Add: "The owner of each lot. across which passes an irrigation/drainage ditch or pipe. is responsible for the maintenance thereof. unless such responsibilitv is assumed bv an irrigation/drainage district." Add: "Structura1 footings shall be set a minimum of twelve (12) inches above the highest established normal groundwater elevation. 4. The landscape plan shall be revised as follows: a. FP-O4-052 A 25-foot landscape buffer is required along N. Ten Mile Road. Exhibit "A" Tiburon Meadows Sub.FP.doc 9. Mayor & City Council Hearing Date: August 24, 2004 Page 3 b. On landscape buffer adjacent to N. Ten Mile Rd., please indicate that the lined area represents sod. Show a lO-foot wide gravel shoulder along Ten Mile and landscape remainder of right-of-way to sidewalk with lawn or other vegetative ground cover. A License Agreement will be required between the property owner and ACHD. c. 5. The applicant has indicated that NampalMeridian Irrigation District will own and maintain the pressure irrigatjon system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. 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. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 7. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, aIi1enities, sanitary sewer, water, etc., prior to signature on the final plat. 8. Sanitary sewer and water service to this site shall be via the existing mains in N. Ten Mile Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 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 per Resolution 02-374. 10. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. All storm drainage must be in compliance with MCC 12-13-14, Stormwater Integration. FP-O4-052 Exhibit "A" Tiburon Meadows Sub.FP.doc 19. 20. 21. Mayor & City Council Hearing Date: August 24, 2004 Page 4 II. Graphically depict the public utilities, drainage and irrigation easement for Lots 28, 29, and 39, Block I as being adjacent to the easement for the Eight Mile Lateral, unless the Nampa & Meridian Irrigation District allows encroachment within their easement. 12. Graphically depict 8-foot wide easements adjacent to the north side of Lots 20 and 31, Block I. This extra width is required due to the location of pressurized irrigation mains. 13. Add distance dimension along section line (Ten Mile Road) from the centerline of the Eight-Mile Lateral to the Witness Corner, and from the centerline of the Eight-Mile Lateral to the Witness Corner along the west side of Lot 29, Block I. 14. Add bearings to the west side of Lot 39-40, Block I, and the east side of Lot 39, Block I. 15. Complete the recording information of the Cross Access Easement referenced on Lot 39, Block 1. 16. Show a 25-foot landscape buffer easement adjacent to N. Ten Mile Road on Lots 1,39, and 40, Block I. Also include as a plat note. 17. The existing garage on Lot 1, Block I will need to be removed prior to signature on the Final Plat. 18. Convert the existing access point at the south end of the subject property into a secondary emergency access point for the Fire Department. A 3 to 4 foot high gate approved by the Meridian Fire Department will be required to be installed at this access point to be used by emergency vehicles only. Gate shall be installed prior to signature on the Final Plat. Submit an encroachment agreement with Nampa Meridian Irrigation District prior to signature on the Final Plat for the encroachment of Lots 28 and 29, Block I, thirty feet into the District's easement for the Eight Mile Lateral. This agreement will allow the Homeowner's Association access to the Eight Mile Lateral which is not piped Submit a copy of the cross access agreement for Lots 39 and 40, Block I prior to signature on the Final Plat. Also note the recorded Instrument number on the face of the plat. Staff's failure to cite specific ordinance provisions, or terms of the approved Rezone, Conditional Use Permit, or Preliminary Plat does not relieve the Applicant of responsjbility for compliance. GENERAL REOUIREMENTS I. 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. FP-04-052 Exhibit "A" Tiburon Meadows Sub.FP.doc 6. 7. Mayor & City Council Hearing Date: August 24, 2004 Page 5 2. Any exjsting domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty and One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. 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. 5. Applicant's engineer will be required to submit a sjgned, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-04-052 Exhibit "A" Tiburon Meadows Sub.FP.doc