HomeMy WebLinkAboutTuscany Lakes Subdivision No. 2 FP-05-009
BEFORE THE MERIDIAN CITY COUNCIL
C/C February 22, 2005
IN THE MATTER OF THE
APPLICATION OF TUSCANY
DEVELOPMENT, INC. FOR FINAL
PLAT APPROVAL OF 42 SINGLE-
FAMILY RESIDENTIAL BUILDING
LOTS AND 10 COMMON LOTS ON
18.88 ACRES LOCATED EAST OF
SOUTH LOCUST GROVE ROAD
AND SOUTH OF EAST VICTORY
ROAD IN A PORTION OF THE NW
% OF T. 3N., R. lE., SECTION 29
CASE NO. FP-05-009
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 rIDding that the Administrative
Review is complete trom 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 TUSCANY LAKES SUBDNISION NO.2 IN
A PORTION OF THE NW % OF T. 3N., R. lE.; SECTION 29, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUSCANY LAKES SUBDNISION NO. 2/ (FP-O5-009)
Pagelof4
DATE: 12/29/04, 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 fÌom 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
REQUIREMENTS/FINAL 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 fÌom 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 fÌom 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
6.
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 residential building lots must meet the
8,000 square foot requirement per MCC 11-9-1.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUSCANY LAKES SUBDNISION NO. 2/ (FP-O5-009)
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
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 ;;>;)f1IJ
day
of
FeloN()'~
,2005.
ORDER OF CONDITIONAL APPROV ALOF FINAL PLAT
FOR TUSCANY LAKES SUBDNISION NO.2 1 (FP-O5-009)
Page 3 of 4
-~------'-'-_._-".
Attest:
ng Department, Public Works Department, and
~,6.
Copy served upon Applicant, the
City Attorney.
By: jUl\a f~
City Clerk's Office
Dated:
3-ILO-OS
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUSCANY LAKES SUBDNISION NO. 21 (FP-O5-009)
Page 4 of 4
MAYOR
Tammy de Weerd
c:>lfe;:¡ d i ~
IDAHO
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 Fax (208)898-9551
PLANNING AND WNING
DEPARTMENT
(208) 884-5533 . FAX 888-6854
CITY COUNCIL MEMBERS
Keith Bini
Christine Donnell
Shaun Wanl!e
Charles M. Rountree
STAFF REPORT:
Hearing Date: February 22,2005
Transmittal Date: February 17, 2005
Re:
Mayor and City Council
Sonya Allen, Assistant City Planner JII.
John Boyd, Engineering Tech. II 7u=,
Tuscany Lakes Subdivision No.2
To:
From:
Final Plat approval ofForty-two (42) Single-Family Residential Building Lots
and Ten (10) Common Lots on 18.88 Acres in an R-4 Zone, by Tuscany
Development (File No. FP-05-009).
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 Tuscany Lakes
Subdivision No.2 consisting of 42 single-family residential building lots and 10 common lots on
18.88 acres of land. The zoning designation for the proposed subdivision is R-4 (Low Density
Residential). This subdivision will have a gross density of2.22 d.u./acre and a net density of2.77
d.u./acre.
The proposed Tuscany Lakes Subdivision No.2 is located approximately % mile east of S.
Locust Grove Road and approximately % mile south of E. Victory Road in the NW % of Section
29, T.3N., R.1E.
The common lots within the subdivision consist of landscaping and open space lots which will
be owned and maintained by the Tuscany Lakes Homeowners Association. The ponds within this
phase are 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
phase is reduced lot frontages. A specific minimum frontage was not identified in the CUP;
FP-O5-009
Exhibit "A"
Tuscany Lakes Suh2 FP.doc
Mayor & City Council
Hearing Date: February 22,2005
Page 2
however, all lots within the subdivision meet or exceed the minimum lot square footage
requirement of8,000 square feet.
Tuscany Lakes Subdivision No.2 was originally preliminary platted as part of Tuscany Lakes
Subdivision in 2002. In 2005, an amended plat was approved which relocated the storm drainage
from swales located on common lots to roadside drainage swales and created more usable open
space.
The submitted final plat substantially complies with the previously approved preliminary plats
for this subdivision.
Staff recommends approval of the final plat for Tuscany Lakes Subdivision No.2 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 ponds on Lot 38, Block 1 and maintain the
ponds 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.
4.
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.
5.
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-O5-009
Exhibit "A"
Tuscany Lakes Sub2 FP .doc
Mayor & City Council
Hearing Date: February 22,2005
Page 3
6.
7.
8.
9.
10.
11.
12.
13.
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.
All development improvements, including sewer, fencing, micro-paths, pressurized
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, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
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.
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.
Complete the Certificate of Owners and accompanying Acknowledgment.
Submit an encroachment agreement with NMID for all lots that encroach within the Eight
Mile Lateral and Ten Mile Creek easements prior to City Engineer's signature on the
final plat.
Graphically depict an eight-foot wide (8') public utility, drainage & irrigation easement
along the northerly side of Lot 39, Block 1. This extra width is necessary due to the
location of a pressurized irrigation main.
14.
The sum of the segment dimensions don't equal the overall eastern boundary dimension
(244.26') adjacent to Lots 38 and 45, Block 1, Lot I, Block 9 and E. Palermo Drive.
Make all necessary corrections.
15.
The property adjacent to the eastern boundary has not been platted, therefore it should be
labeled as "UNPLATTED."
16.
The legal description (Sheet 3) and the curve table data (Sheet 2) for curves Cl and C2
do not match, please make the appropriate corrections.
17.
Revise or add the following notes on Sheet I of the plat:
FP-O5-009
Exhihit "A"
Tuscany Lakes Sub2 FP.doc
Mayor & City Council
Hearing Date: February 22, 2005
Page 4
(7.)
"...Baoo sia:gle fBffiily struehlre shall eoffiaiR a miflÏffiurn of 1,491 stluare feet,
exeh.dia:g garage."
(12)
This note refers to two (2) separate major irrigation canals. The easements for
these are not clearly depicted on the face of the plat. The consultant may be able
to define these by one of the methods noted below:
. Denote each easement on the face of the plat with a reference to the type
of easement, width, benefactor of the easement, and the recorded
instrument number with an arrow pointing to the individual easements. If
this method is chosen, please remove note 12 on the plat.
Denote each easement on the face of the plat with a reference to the
applicable note "See Note #" and an arrow pointing to the easement. If this
method is chosen, please separate Note 12 into two (2) notes referencing
each individual canal.
.
(16.)
Add the following note: The developer and/or owner shall complv with Idaho
Code. Section 31-3805..... ...
18.
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 and NPDES
Permitting that may be required by the Environmental Protection Agency.
4.
Any existing domestic wells and/or septic systems within this project will have to be
removed fÌom 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.
5.
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 andlor fire hydrants.
FP-O5-009 Exhibit "A" Tuscany Lakes Sub2 FP.doc
Mayor & City Council
Hearing Date: February 22, 2005
Page 5
6.
7.
8.
9.
10.
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 fÌom
the Public Works Department prior commencing installations.
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.
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.
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.
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 Tuscany Lakes Subdivision No.2 with the above
stated comments and conditions.
FP-O5-009
Exhibit "A"
Tuscany Lakes Sub2 FP.doc
8J11GGS EJIIIIØilfING. Inc.
.... 4;;/PLMI4II"/SURVEYDR&
February 22,200~
Mayor and City Co¡¡ncil
3 lEast Idaho St.
Meridian., Idaho 83642
RE:
Request for modification to staff recommendations for Messintl Hills #3
DeF MaYor and City Council:
After revillWing the Staff Report fur our hearing tonight I wouidJike to make two comments:
First item:
Under heading of Special CoøøkieratioÐ for City Coundl safi'has stated a. concern that 2:1
slope maybe too steep of a bank for the pond design. Duell, cqncern that a child may have a
problem climbing out of a 2: I slope if they fell in,
The Developer also has no desire fur the ponds to be a.hazard. Therefore we have designed the
ponds to be one-fÇOt feet.ftoro any edge of the pondbefofe1be 2:1. slope begins. .Thisisthe same
design used on many other ponds through out the valley. The ß¡:sign å1lows for the possibly that
ifsomeone were to .felUnto a pond they would be in one foouo three deep .in water for the fITSt
eight feet of the pond and w()uld be able to get out. The dlweloper will also. is installing signs
statipg,"No $wimnting or wading is allowed in the ponds"
ID sum...,," from reviewio.tl odIer DODds I1esitms ¡P die vallevwe find 2: 1 slliDesarea have
been uaed.l bimeve the ioue before the CitY Cnutteil is.luJwfar from the edl!eof tbeoond
before the2:1sloile beIrÏII.s. Webeleve we areeom........hIe with other DODds in Meridian. I
will be available to discuu thislWu.witb die CitvCoiløeil.
4030 l-C1erlfícalíon.ltr
E,_°J "
BRIGGS ENGINLnCING, INC. 18OOW. OverIaìtd ..... ~..Ideho 83705 "" (208)
U4-9700
SecoDdItem is Conditiou#Suuder SITESPECIF1C COMMENTS /FINAL. PLAT
Condition number fIVe states: .. Street.signs are to be in place,waîersystem.shall be
approved and acti~~ fencing installed, drainage J<!tS construc'\éd, road base approved
by the Alia County liigþway District and the Final }.>\at f<!t this subdivision shall be
recorded, prior to applying for building pemrits. ..
The Developer is requesting the City Council approval to alløw Briggs Engineering to. submit for
a Zoning Certificate and allow a build permit fot Club House and pool only. These
improven¡.ents would take place with the street improvements andpóor torecorc!ing the final
plat. We would build the non-combu$tible elements of the Clubhouse and p<!olwith are other
development improvements to a p( int when we c.an comply with the ~. and. water
requirements of the ~ At that point we would begin the framing of the Clubhouse.
I would therefore requestthe 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.A1ia Cøunty Highway District and the Final
Plat for this subdivision sball be reoorded,prior to applyingf()1' tesidential builc!ing permits.
~incerely,
~
Planner
KB\
£-,-