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HomeMy WebLinkAboutTuscany Lakes CUP 02-006WHITE PETERSON KEVlN DINIUS JULI~ KLEIN FISCItER WM. F. GIORA¥, III T. GUY Hta.~a~ D. SAMUm. JOHNSON WILLIAM A. MOP, ROW LARRY D. MO0~ WII&IAM F. NICItOLS* CmUSTO~ S. NY~ *Also admittod in OR ** Also sdmiu~d inWA WHITE, PETERSON, MORROW, GIORAY, ROSSMAN, NYE & ROSSMAN, P.A. l~m A- Pm'r~uoN ERICA $. PHILLIPS ERiC S. ROSSMAN TODD A. ROSSMAN DAreD M. SWA~TL~¥ PAM]SLA S. TARLOW Tl~mmqc~ R. Wmlll** NICltOL~S L. Wo~.Lm~ ATTORNEYS AT LAW 5700 E. FRANKL~ RD., SUITE 200 NAMPA, IDAHO 8368741402 TEL (208)4689272 FAX (208) 466-4405 E-MA~- ~/ni~mon.tmm MERIDIAN OFFICE POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL. (208) 288-2499 FAX (208) 288-1193 PLEASE REPLY TO I~IERIDIAN OFFICE TO: June 12, 2002 Staff Applicant AtTected Property Owner(s) Re: Application Case NO CUP02-006 REceiveD CITY OF MERIDIAN CITY CLERK OFFICE FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Find!ngs and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public_heating 9n the above referenced .ma. tt.er by, the Planning and Zoning Administrator. Due to the vol.ume of matters which the City Coun.cil must decide, arid to insure your position is understogd and clear, it is impqrtant to b_ave a consistent/Ormat by which matters are presented at the public heatings before the City Council. The City Council strongly recommends: 1. That y. ou take time to carefully review the Findings and Recommendations of the P1 .at~.-'ng and Zo .'.nip_g Commission, and be prepared to state your position.on this applicauon by addressing the Findings and Recommendations of the l'lanning and Zoning Commission; and 2. That you _careful!), complete (be sure it is legible)_ the Position Statement if you disagree with the Findings and Recommendations ot' the Planning and Zoni.ng Commismon. The Position Statement form for this application is available at the City Clerk's office. It is recommended that Xou prepare a Position State.m..ent and deliver i.t to the City. Clerk prior to the heating, if possible. If that is not possible, please present your Position Statement to the C. ity Council at the hearing, along with ei~ht (8) copies. The copies will be presented to the .Mayor, Council, Planning_ and Zoning Administrator, Public Works and_the City_Attorney. If you are a part of a group, it ~s strongly recommended that one Posjfio. n Statement be tilled out for the group, Which can be signed by the representative/or the group. C~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT IN A R-4 ZONE FOR PROPOSED TUSCANY LAKES SUBDIVISION GEM PARK II PARTNERSHIP, Applicant Case No. CUP - 02-006 RECOMMENDATION TO CITY COUNCIL o o The property is located west of S. Eagle Road and south of E. Victory Road, Meridian. The owners of record of the subject property are Marty Goldsmith, Walter Simont and Raymond Smith, Jean & Richardson Burnett Family Trust. Applicant is Gem Park II Partnership of Meridian. The subject property is currently zoned R-T. There is however an application before the City Council for annexation and zoning to R-4. The zoning district of R~4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The applicant requests the conditional use permit for development of a planned unit development consisting of 353 buildable lots and 31 common lots on 138.88 acres. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION - GEM PARK II PARTNERSHIP - Page 1 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested conditional use permit as requested by the applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. All site improvements (landscaping, tot lot, ponds and irrigation) for the proposed pathway shall be complete prior to the issuance of the 101st occupancy permit within The "Tuscany Lakes" portion of the subdivision (proposed phases lA, 2A, 3A, 4A). The applicant shall be required to maintain the ponds in a manner that will prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). 3. The remaining sections of the planned pathway running throughout the development shall be developed in accordance with the phasing schedule for the subdivision. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. B. Adopt the Recommendations of ACHD as follows: o o Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution ora warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION - GEM PARK II PARTNERSHIP - Page 2 10. 11. 12. 13. 14. 15. 16. 17. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-tm acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION - GEM PARK II PARTNERSHIP ~ Page 3 18. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with of a minimum 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 19. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet of right-of-way plus the additional width of the median. 20. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum of a 21-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right,of-way plus the additional width of the median. 21. Construct Rome Drive and Dartmoor Drive as a 33-foot street section within 50-feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. 22. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. 23. Construct six stub streets, as proposed. · South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. · South Lucca Avenue is proposed to stub to the north property line approximately 2,400-feet east of South Locust Grove Road. · South Pompeii Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. · South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION - GEM PARK II PARTNERSHIP - Page 4 · West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the north property line. · West Sicily Drive is proposed to stub to the east property line approximately V2 of a mile east of Eagle Road. 24. Install a sign at the terminus of the roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 25. Construct six knuckles, as proposed. · West Sicily Drive is proposed to have a knuckle on the north side of the roadway between South Arno Way and South Pisa Way. · There is a proposed knuckle at the northwest comer of West Milan Drive and South Turin Avenue. · There is a proposed knuckle at the southwest comer of West Mediterranean Drive and South Turin Drive. · There is a proposed knuckle at the northwest comer of South Turin Avenue and West Sicily Drive. · There is a proposed knuckle at the southwest comer of West Rome Drive and South Turin Avenue. · There is a proposed knuckle at the southeast comer of West Milan and South Palermo Avenue. 26. If the knuckles propose a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 27. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 28. The tumarounds shall be constructed to provide a minimum tuming radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the tumarounds. Any medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION - GEM PARK II PARTNERSHIP - Page 5 29. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 30. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 31. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 32. Any existing irrigation facilities shall be relocated outside of the right-of-way. 33. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 34. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. C. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 35. Applicant shall apply for a Land Use Change Application to file with the Irrigation District. D. Adopt the Meridian Fire Department Recommendations as follows: 36. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 37. The proposed school site will require a fire-flow of 2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. 38. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 39. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 40. Final approval for fire hydrant location shall be by the Meridian Fire Department. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION - GEM PARK II PARTNERSHIP - Page 6 41. All turning radii shall be a minimum of 28' inside and 48' outside. 42. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 43. The roadways shall be built to Ada County Highway standards. 44. The proposed 353-1ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 1,023 residents at build out. 45. The proposed project lies outside the five-minute response zone goal. 46. The phasing play may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. E. Adopt the Parks and Recreation staff comments as follows: 47. The Parks and Recreation Comprehensive Action Plan recommends a 20-Acre Park in the 1- mile section adjacent to S. Eagle Road. The park should be located in Phase I of Tuscany East and fronted on two (2) sides with streets. F. Adopt the Recommendations of the Central District Health Department as follows: 48. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 49. Run-off is not to create a mosquito breeding problem. 50. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 51. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION - GEM PARK II PARTNERSHIP - Page 7