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HomeMy WebLinkAboutTuscany Village PP 03-015BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/09/03 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TUSCANY VILLAGE FORA 136 LOT RESIDENTIAL SUBDIVISION WITH 10 OTHER LOTS ON 33.26 ACRES LOCATED AT THE SOUTHWEST INTERSECTION OF VICTORY ROAD AND LOCUST GROVE ROAD, MERIDIAN, IDAHO Case No. PP-03-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: TUSCANY DEVELOPMENT, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on September 9, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Kent Brown, Matt Schultz, Cathy Jerrems, Sue Howard, Russ Liddell, and Brent Clayborne, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT TUSCANY VILLAGE SUBDIVISION, A PORTION OF THE NE '/< OF SECTION 30, T. 3N., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONIDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILLAGE / (PP-03-015) PAGE 1 OF 13 R. lE., B.M., ADA COUNTY, IDAHO, DWG DATE: 04/22/03 KDH, DWG NO. 30305, REVISION: 08/19/03 BY: KDH and 08/25/03 BY: KDH, SHEET: 1 OF 1 PREPLAT, ~30305preplat(2).dwg, STAMPED DATE: AUG 28 2003, HANDWRITTEN DATE: 8/25/03, STAMPED: RECENED AUG 28 2003 CITY OF MERIDIAN CITY CLERK OFFICE, TUSCANY DEVELOPMENT -DEVELOPER, BRIGGS ENGINEERING, INC.- PLANNER", Tuscany Development, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8, is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The Comprehensive Plan designates the property as Medium Density Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 2 OF 13 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. The subdivision will be served by water main line extension. from existing mains adjacent to the subject property and via main line extension from an existing trunk line adjacent to the property as a part of the Tuscany Lakes Subdivision. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. The applicant shall extend urban services to the subject property from existing main lines and the subject property is accessed by an existing road network.. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. The applicant shall pay for the construction of extending services to the subject property. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT TUSCANY VILLAGE SUBDIVISION, A PORTION OF THE NE'/< OF SECTION 30, T. 3N., R. lE., B.M., ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VII,ALGE / (PP-03-015) PAGE 3 OF 13 COUNTY, IDAHO, DWG DATE: 04/22/03 KDH, DWG NO. 30305, REVISION: 08/19/03 BY: KDH and 08/25/03 BY: KDH, SHEET: 1 OF 1 PREPLAT, ~30305preplat(2).dwg, STAMPED DATE: AUG 28 2003, HANDWRITTEN DATE: 8/25/03, STAMPED: RECEIVED AUG 28 2003 CITY OF MERIDIAN CITY CLERK OFFICE, TUSCANY DEVELOPMENT - DEVELOPER; BRIGGS ENGINEERING, INC.- PLANNER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT TUSCANY VILLAGE SUBDIVISION, A PORTION OF THE NE % OF SECTION 30, T. 3N., R. lE., B.M., ADA COUNTY, IDAHO, DWG DATE: 04/22/03 KDH, DWG NO. 30305, REVISION: 08/19/03 BY: KDH and 08/25/03 BY: KDH, SHEET: 1 OF 1 PREPLAT, ~30305preplat(2).dwg, STAMPED DATE: AUG 28 2003, HANDWRITTEN DATE: 8/25/03, STAMPED: RECEIVED AUG 28 2003 CITY OF MERIDIAN CTFY CLERK OFFICE, TUSCANY DEVELOPMENT -DEVELOPER, BRIGGS ENGINEERING, INC.- PLANNER", Tuscany Development, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Proposed front yard setbacks on Page 2 should be 12' for living areas and 20' for garages. 2. Page 8, pazagraph 4, the third sentence shall read: "Fencing adjacent to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 4 OF 13 proposed park shall benon-sight obscuring above four feet in height." The remainder of the sentence shall remain unchanged. 3. Page 8, paragraph 5, modify the note on the plat restricting fencing adjacent to pathways to include the words, "and adjoining Ten Mile Creek to no greater than four feet." 4. Page 9, add a paragraph 10 stating: "A permanent pedestrian easement in favor of the City of Meridian shall be recorded on the property adjacent to Ten Mile Creek. Such easement shall be a minimum of 20 feet in width and shall be constructed with a ten-foot hard surface pathway prior to the issuance of the first certificate of occupancy for any building within the subdivision. The City of Meridian shall be responsible for the maintenance of the pathway within the easement. The homeowners association shall be responsible for landscaping maintenance within the easement. The instrument number of the recorded easement shall be noted on the Final Plat of the subdivision. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible for constructing the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Sanitary Sewer service to this site shall be via main line extensions from the existing Trunk line installed adjacent to the property as part of the Tuscany Lakes project. Applicant will be responsible for constructing the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant has proposed an alternate route for the Ten Mile Trunk through the proposed project instead of following the City of Meridian's Master Plan, and previously approved routing that was approved with Tuscany Lakes, which follows the master plan route down Victory Road and Locust Grove Road. (See H.1. here in below pursuant to action of the City Council taken at their September 9, 2003 meeting on the sanitary sewer service main line extension.) The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation district. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize 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 shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 5 OF 13 responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. A note restricting the fencing adjacent to the park shall be added to the Final Plat. 5. Submit a detailed landscaping depicting the playground equipment to be added to the proposed neighborhood park and a detailed plan for the proposed storm drain ponds. 6. Add or revise the following preliminary plat notes: •Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight- obscuring material is used for fence construction. Ten (10) copies of the revised plat was submitted to the City Clerk's Office for this plat. 8. Add a stub street to provide access to the Locust Grove Grange property per the recommendation of ACRD. 9. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. 10. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. The original study report was prepared by the subdivision engineer, instead of a soils scientist as required by the City of Meridian. The applicant has indicated that Associated Earth Sciences has indicated that shallow groundwater may be a factor, particularly in the northwest corner of the development. Any drainage areas (detention/retentionhasins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevafions are set a minimum of 3-feet above the highest established FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 6 OF 13 normal goundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above goundwater. C. Adopt the Recommendations of ACRD as follows: A. Site Specific Conditions of Approval This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Progam, but is in the cunrently adopted 20- year Capital Improvements Progam. However, the applicant may receive reimbursement for dedicated right-of--way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: i. Dedicate by donation (or through a development offset ageement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 10-feet ofright-of--way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff The applicant should provide the District with an easement for any portion of the sidewallc that is not located within the right-of--way. The applicant should also be required to obtain a license ageement for any landscaping located in the Victory Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline oftheright-of--way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of--way (if feasible). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 7 OF 13 Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right- of-way abutting the site. Right-of--way dedication is not required with this application. If the applicant chooses to dedicate the right-of--way, ACHD will not provide compensation. The applicant shall do one of the following: Dedicate by donation an additional 10-feet ofright-of--way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5- foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewallc should be located no closer than 28-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. The applicant may choose to install the auxiliary tum lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the tum lane and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 8 OF 13 north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and concrete sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and concrete sidewalks. Cecina Street shall be constructed with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5-feet), within 50-feet ofright-of--way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of--way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # S 1 1 301 20700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any 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. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 9 OF 13 access restrictions, as required with this application, shall be stated on the final plat(s). 12. Comply with all Standazd Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: One and two family dwellings will require afire-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. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protecfion will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 8. During the phased development of the project, two points of access will have to be provided to all points of the project serving more than thirty homes. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 10 OF 13 plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. 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. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. G. ,Adopt the Meridian Parks and Recreation Departments Recommendations as follows: 1. Build path to recommended pathway standards. H. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: For clarification: The applicant is allowed a revision to the Sewer Master Plan alignment for the 27"sewer downstream of the Tuscany property. The revision is a minor realignment to the overall Master Plan that maintains the intent to provide major sewer "backbone" infrastructure from the northwest to the southeast, as the City grows to the south. Future developments in the area will connect to the trunk line accessible in Victory Road and Locust Grove Road with smaller sewer mains. The applicant has constructed the 27" sewer trunk within 1,200 feet ofthat intersection. The applicant shall be allowed to extend the 27" sewer across a 33-acre parcel, and therefore the extension does not have to be extended to the corner of Locust Grove and Victory south of Locust Grove. Additionally, the applicant has agreed to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 11 OF 13 cost share the expense of taking the sewer line from the edge of their property to the comer of Locust Grove and Victory Road and shall enter into a private cost sharing agreement with Quasar Development to build a 10" sewer line from the 27"sewer line located interior to Tuscany project to the intersection of Locust Grove and Victory Road. If Quasar Development does not desire to enter into a private cost sharing agreement, then the applicant shall satisfy the standard full-frontage condition policy to extend the 10"sewer line beneath the Ten Mile Drain at their east property boundary at applicant's sole cost. Quasar or any other development could subsequently connect to the sewer line withintheright- of-way of Victory Road. 2. The City Council also acknowledges the applicants response letter dated August 7, 2003, and which is on file in the City Clerk's office located at 33 E. Idaho Street. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 maybe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTITONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 12 OF 13 By action of the City Council at its regular meeting held on the `~~ day of ~,~~°i-.,,~-fig , 2003. ROLL CALL COUNCILMAN BIRD VOTED__~~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) Attest: .~`~~~ OF G~~ VOTED; VOTED~~"~ VOTED__~~ VOTED .lv~-~- ,L ~itedis(s_L - ~.. --~~- '1'd'AL William G. Berg, Jr., Cit Clerk = y~ ~~ Copy served upon Applicant, The ~~T 3 impartment, Publi~~t~~~kOF M~~0~9~~~''% Departmye~nt and City Attorney. '%,,~ OUN rTY11`1`~~~~r~ `2p~~P~R9T~o 'L ~, By:di~ Dated: ~'a 3 ~3 9 S~,'AL ~ City Clerk ~O ~r ist • 1~ .` ~~ ~,,' nOVNTM~~~PA~```~ Z:\WorkNlVNetidianN-feridian 15360Iv1\Tuscany Village AZ-03-014 PP-03-D15 CUP-03-029\FtClsOrdPP.dce FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (PP-03-015) PAGE 13 OF 13