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HomeMy WebLinkAboutMessina Hills No. 3 FP BEFORE THE MERIDIAN CITY COUNCIL CIC February 22, 2005 IN THE MATTER OF THE APPLICATION OF TUSCANY DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF 91 SINGLE- F AMIL Y RESIDENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 29.36 ACRES LOCATED EAST OF SOUTH LOCUST GROVE ROAD AND SOUTH OF EAST VICTORY ROAD IN A PORTION OF THE NW Y. OF T. 3N., R. lE., SECTION 29 CASE NO. FP-05-010 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 February 22,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: February 22,2005, 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"PLA T SHOWING MESSINA HILLS SUBDIVISION NO.3 IN A PORTION OF THE NW ~ OF T. 3N., R. lE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 12/29/04, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDNISIONNO. 3 1 (FP-O5-010) Page 1 of 4 SHEET 1 OF 2, BRIGGS ENGINEERING, INC.", TUSCANY DEVELOPEMNT, INC., 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 John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: February 22,2005, listing 18 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 10 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 response letter from Briggs Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 22, 2005 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their February 22, 2005 meeting: Conditions of Approval 5. 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 and the Final Plat for this subdivision shall be recorded, prior to applying for residential building permits. In addition, all residentialbuilding lots must meet the 8,000 square foot requirement per MCC 11-9-1. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO. 3/ (FP-O5-010) 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: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed andlor 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 ofthis 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 (;);;) I"ð day of re6r[jo...r~ ,2005. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO.3 1 (FP-05-0 10) Page 3 of 4 Attest: By: ,1 (tJdl .hu JJJJ City Clerk's Office Dated: 3-lu-O5 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO. 31 (FP-05-010) Page 4 of 4 MAYOR Tammy de Ween! otC/ri dldn - , "\ I' ß PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 Fax (208)898-9551 C1TY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree ~ IDAHO "~Q ~~, ; "lR"~ .¡;¡! PLANNING AND ZONING DEPARTMENT (208)884-5533 FAX888-6854 STAFF REPORT: Hearing Date: February 22,2005 Transmittal Date: February 17,2005 From: Mayor and City Council Sonya Allen, Assistant City Planner (fl/ John Boyd, Engineering Tech. II 7u=. Messina Hills Subdivision No.3 To: Re: Final Plat approval of Ninety-one (91) Single-Family Residential Building Lots and Five (5) Common Lots on 29.36 Acres in an R-4 Zone, by Tuscany Development (File No. FP-05-01 0). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Tuscany Development, has applied for final plat approval of Messina Hills Subdivision No.3 consisting of 91 single-family residential building lots and 5 common lots on 29.36 acres ofland. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 2.4 d.u.lacre and a net density of 2.6 d.u.lacre. The proposed Messina Hills Subdivision No.3 is located approximately ~ mile east of S. Locust Grove Road and approximately ~ mile south of E. Victory Road in the south NW ~ of Section 29, T.3N., R.1E. The common lots within the subdivision consist oflandscape, drainage, a proposed clubhouse and open space lots which will be owned and maintained by the Messina Hills Homeowners Association. The pond within this phase is proposed as a water feature and will not contain stormwater drainage. The pressurized irrigation system within this development will be owned and maintained by the Nampa & Meridian Irrigation District. A Conditional Use Permit (Planned Development) was approved for this subdivision. The only reduction to the ordinance that was approved with the Planned Development that applies to this FP-O5-010 Exhibit "A" Messina Hills Sub3 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 2 phase is reduced lot frontages. A specific minimum frontage was not identified in the CUP; however, all lots within the subdivision except one (Lot 7, Block II), meet or exceed the minimum lot square footage requirement of 8,000 square feet. Messina Hills Subdivision No.3 was originally preliminary platted as part of Tuscany Lakes Subdivision in 2002. In 2005, an amended plat was approved which added three building lots where a storm drainage swale was originally located and a common area lot for a community center and swimming pool. Storm drainage was relocated to roadside drainage swales. The submitted final plat substantially complies with the previously approved preliminary plats for this subdivision. Staff recommends approval of the final plat for Messina Hills Subdivision No.3 with the comments and conditions stated in this report. SPECIAL CONSIDERATION FOR CITY COUNCIL Staff is concerned that the 2: 1 slope of the ponds as shown on the landscape plan may pose too steep of a slope for a child to climb out of if they fell in. As these ponds are proposed as a water feature, they will contain a permanent water level year around. Council should determine if there should be a requirement for a more gradual slope placed on these ponds. SITE SPECIFIC COMMENTS 1 FINAL PLAT 1. Applicant is to meet all terms of the approved Annexation (AZ-02-005), Preliminary Plats (PP-02-006 & PP-04-040), and Conditional Use Permit (CUP-02-006). 2. The applicant shall install aerators in the pond on Lot 3, Block 11 and maintain the pond in a manner that shall prevent the water from becoming stagnant or a public nuisance (a mosquito breeding ground). 3. All fencing must be in compliance with MCC 12-4-10. The applicant has indicated that the Nampa & Meridian Irrigation District will own and maintain the pressure irrigation 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 municipal 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. 4. 5. 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 and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. FP-O5-010 Exhibit "A" Messina Hills Sub3 FP.doc 12. 13. 14. 15. Mayor & City Council Hearing Date: February 22,2005 Page 3 6. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 7. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 8. Sanitary sewer ,and municipal water service to this site shall be via extensions from existing mains. 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. 9. Storm drainage must be in compliance with MCC 12-13-14, Stormwater Integration. All 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 IOO-year storm event. Side slopes within drainage areas must be less than 3: I for accessibility and maintenance. 10. 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. 11. Submit an encroachment agreement with NMID for all lots that encroach within the Eight Mile Lateral and Ridenbaugh Canal easements prior to City Engineer's signature on the final plat. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. Tuscany Lakes Subdivision No.2 must record prior to this subdivision, or reference must be removed from the face of the plat. Complete the Certificate of Owners and accompanying Acknowledgment. Graphically depict an eight-foot wide (8') public utility, drainage & irrigation easement along the easterly side of Lot 9, Block 15, the easterly side of Lot 20, Block 13, the northerly side of Lot I, Block 14, the northwesterly side of Lot 11, Block 11, the northwesterly side of Lot 10, Block 12 and the northerly side of Lot 18, Block 12. These extra widths are necessary due to the location of pressurized irrigation mains. 16. Denote each easement on the face ofthe plat with a reference to the applicable note "See Note #" and an arrow pointing to the easement. FP-O5-010 Exhibit "A" Messina Hills Sub3 FP.doc 4. 5. Mayor & City Council Hearing Date: February 22,2005 Page 4 17. Revise or add the following notes on Sheet 2 of the plat: (7.) "...Baeh siagle family struerure shall eeHæiH aminimHm efl,101 SIj,Hare feet, e¡¡elaàiHg garage." (10.) Please revise this note to reflect the actual usage intended for Lot 3, Block II. (11.) "Lot 17, Block 11; Lot 1 Block 16; Lot 63. Block 1: and Lot 5 Block 13 are landscapelcommon area lots to be owned..." (17.) Add the following note: The developer and/or owner shall complv with Idaho Code. Section 31-3805........ 17. Staffs failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plats or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. 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. 2. Applicant shall be responsible for application to obtain Army Corps of Engineers, Section 404 Permit (or written waiver of this requirement) prior to scheduling a Pre- Construction Conference. 3. Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. Any existing domestic wells andlor 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. 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. FP-O5-010 Exhibit "A" Messina Hills Sub3 FP.doc 9. Mayor & City Council Hearing Date: February 22, 2005 Page 5 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's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. Coordinate fire hydrant placement with the City of Meridian's Fire Department and Public Works personnel. 10. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Messina Hills Subdivision No.3 with the above stated comments and conditions. FP-O5-010 Exhibit "A" Messina Hills Sub3 FP.doe BRIGGS E 'GINEERI~ Inc. ENGINEERS / PLANNERS I SURVEYORS February 22, 2005 Mayor and City CoWicil 33 East Idaho St Meridian, Idaho 83642 RE Reque.,tfor modification to slaffrecommendatiomfor MessinG Hills #3 Dear Mayor and City Council: After reviewing the Staff Report for our hearing tonight I would like to make two comments: First item: Under heading of Special Coll8ideration for City Council staff has stated a concern that 2: 1 slope maybe too steep of a bank for the pond design. Due a concern that a child may have a problem climbing out of a 2: 1 slope if they fell in. ~-_..__...."" -.-.................""'.... "'""""'1'-...."". <.., ~'"<. ...." "'""'" - ~- - - ! <, "",,---..,...... -"'.-...".""'.< ~,'~=:~.'\: 'M'ICAL POND SECTION Þ.A 1ITS ,r"""""" , The Developer also bas no desire for the ponds to be a hazard. Therefore we have desi,,'Jled the ponds to be one-foot feet from any edge of the pond before the 2:1 slope begins. This is the same design used on many other ponds through out the valley. The design allows for the possibly that if someone were to fell into a pond they would be in one foot to three deep in water for the first eight feet of the pond and would be able to get out. The developer will aJso is installing signs stating, "No swimming or wading is aJlowed in the ponds" In summary from reviewiol! other Donds desil!ns in the valley we find 2: 1 slopes area hav€ h€en used. I believe the issue before the Citv Council is how far from the edl!e of the flond hefore the 2:1 slone bel!ins. We believe we are comparable with other ponds in Meridian. I will be available to discuss this item with the City Council. 40301-Clarificalion.ltr bhihi,""" BRIGGS ENGINE....cING. INC. 1800 W. OVerland Road ...810188, Idaho 83705 - (208) 344-9700 Second Item is Condition #5 under SITE SPECIFIC COMMENTS /FINAL PLAT Condition number five states: .. 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 and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. .. The Developer is requesting the City Council approval to allow Briggs Engineering to submit for a Zoning Certificate and allow a build permit for Club House and pool only. The," improvements would take place with the street improvements and prior to recording the fmal plat. We would build the non-combustible elements of the Clubhouse and pool wilh are other development improvements to a point when we can comply with the ~ and wat'! requirements of the Fire D~£t, At that point we would begin the framing oftl,e Clubhouse. I would therefore request the following modification to proposed condition #5: 5. 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 and the Final Plat for this subdivision shall be recorded, prior to applying for residential building permits. Sincerely, c. KB\ hh,h""U"