HomeMy WebLinkAboutMessina Hills No. 2 FP OrderBEFORE THE MERIDIAN CITY COUNCIL
C/C 11/18/03
IN THE MATTER OF THE )
APPLICATION OF TUSCANY )
DEVELOPMENT, INC. FOR )
APPROVAL OF FINAL PLAT FOR )
MESSINA HILLS SUBDIVISION )
N0.2, LOCATED BETWEEN )
SOUTH LOCUST GROVE ROAD )
AND SOUTH EAGLE ROAD, )
SOUTH OF EAST VICTORY ROAD )
,
MERH)IAN, IDAHO )
CASE NO. FP-03-059
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 November 18, 2003, and the Council finding that the
Administrative Review is complete which has included certain comments as stated in a letter to
the Mayor and Council from Sonya Allen Planner I for the Planning and Zoning Department, and
Bruce Freckleton, Engineering Technician III, and that Anna Powell Planning Director for the
Planning and Zoning Department, commented at the hearing, and the Council having considered
the requirements of the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
The Final Plat of "MESSINA HILLS SUBDIVISION NO. 2" as evidenced in Plat
bearing: "PLAT OF MESSINA HILLS SUBDIVISION NO. 2, A PORTION OF THE N''/z
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MESSINA HILLS SUBDNISION N0.2 / (FP-03-059)
Page 1 of 5
SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY,
IDAHO 2003, #21109 X21109-PLT.DWG MEM 10/15/03, SHEET 1 OF 3, HANDWRITTEN
DATE: 10115/03, STAMPED DATE: OCT 15 2003, TUSCANY DEVELOPMENT, INC. -
DEVELOPER, BRIGGS ENGINEERING, INC. -CONSULTING ENGINEERS", Tuscany
Development, 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 Bruce
Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning
Department, dated: Hearing Date: November 18, 2003, listing 7 General Requirements and 18
Site Specific Requirements/Final Plat, a true and correct copy of which is attached hereto marked
Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the
applicant submitted a letter stating he is in support of the conditions of approval, and the
additional requirements from the acfion of the Council taken at their November 18, 2003 meeting
as follows, to-wit:
1.1 Comply with the Meridian Fire Department's requirements as
follows:
One and two family dwellings will require afire-flow of 1,000
gallons per minute available for duration of 2 hours to service the
entire project. Fire hydrants shall be placed an average of 400'
apart.
2. Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
3. Final approval of the fire hydrant locations shall be by the
Meridian Fire Department thru the Public Works Department.
4. The phasing plan may require that any roadway greater than
150' in length to be provided with an approved tum around.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MESSINA HILLS SUBDIVISION N0.2 / (FP-03-059)
Page 2 of 5
5. All roads shall have a fuming radius of 28' inside and 48'
outside.
6. Operational fire hydrants and temporary or permanent street signs
are required before combustible construction begins.
7. A minimum of two points of access will be required for any
portion of the project, which serves more than 50 homes.
8. The roadways shall be built to Ada County Highway
Standards and shall have a clear driving surface, available
at all times, which is 20' wide.
1.2 The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that storrriwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stonnwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Deparhnent, May 2000.
1.3 Additionally, the applicant shall be allowed the following revisions
to the Final Plat, per action of the City Council taken at their
November 18, 2003 meeting as follows:
The applicant is allowed to relocate East Palarmo Drive
which shall be shifted to the north by one lot depth.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MESSINA HILLS SUBDPJISION N0.2 / (FP-03-059)
Page 3 of 5
2. The applicant is allowed to change Lot 2 Block 17 from a
building lot to build a club house and pool house, which
would allow for an additional amenity within the
subdivision. The applicant shall also be allowed to relocate
that buildable single family residential lot into a future
phase of the subdivision.
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:
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 ofl=-site and required on-site
improvements.
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 maybe 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MESSINA HII,LS SUBDIVISION N0.2 / (FP-03-059)
Page 4 of 5
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.
By action of the City Council at its regular meeting held on the ~ day of
/~Ol~2G+til9~P~+~ , 2003.
By:
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Attest: ``~~`„rnlmrrprr /s/r~inN ~B Ct/CLroG-~rttidtw~'
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~~ G\~~pFtPOR:q~.o 'L ''S
William G. Berg, Jr., ity Jerk _ sE~~
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Copy served upon Applicant the P i?6 1
~rtment, Public Works Department,
andCltyAttorney. ''~, ~ \0 ~:`` ,~~~uuuurr
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City Clerk
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MESSINA HILLS SUBDIVISION N0.2 / (FP-03-059)
Page 5 of 5
HUB OF TREASURE VALLEY
MAYOR A Good Place to Live LEGAL DEPARTMENT
Robert D. Come CITY OF MERIDIAN (2D8> 466-9272 . Fax 466-44D5
C[TY COUNCIL MEMBBRS PUBLIC WORKS
Tammy deWeerd 33 EAST IDAHO BUILDING DEPARTMENT
Kei[h Bitd MERIDIAN, H)AHt) $3642. (208) 898-SSOD ~ Fax 887-1297
Cherie McCandless (208) 888-4433 ~ FAX (208) 887-4813 PLANNING AND ZONING
William L.M. Nary City Clerk Office Fax (208) 888-4218 - DEPARTMENT
(208) 884-5533 ~ FAX 888-6854
STAFF REPORT: Hearing Date: November 18, 2003
To: Mayor, City Council and (Planning & Zoning Commission
From: Sonya Allen, Planner I ~! ~
Bruce Freckleton, Senior Engineering Tech
Re: Messina Hills Subdivision No. 2
• Final Plat approval of One-Hundred (100) Single-Family Residential
Building Lots and Five (5) Other Lots on 36.66 Acres in an R-4 (P.D.)
Zone, by Tuscany Development, Inc. (File No. FP-03-059).
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 SUIVIMARY
The applicant, Tuscany Development, Inc., has applied for Final Plat approval of Messina
Hills Subdivision No. 2 consisting of 100 single-family residential building lots and 5 common
lots on 36.66 acres of land. The zoning designation for the proposed subdivision is R-4 (Low
Density Residential). This subdivision will have a gross density of 2.72 d.u./acre and a net
density of 3.47 d.u./acre.
The minimum square footage for single-family residential building lots within the R-4 zone is
8,000 s.f., with a minimum house size of 1,400 s.f., excluding garage(s). The five common
lots within the subdivision consist of landscape, homeowner pedestrian access, and recreational
lots which will be owned and maintained by the Messina Hills Homeowners Association. The
pressurized irrigation system within this development will be owned and maintained by the
Nampa & Meridian Irrigation District.
The submitted final plat substantially complies with the approved preliminary plat; however,
there were a couple of changes made on the fmal plat. The location of E. Palermo Drive
(formerly W. Dartmoor Dr.) was shifted to the north by one lot depth; however, the total
number of lots within this phase stayed the same so staff has no objections to this change. The
applicant is also proposing to add a clubhouse and pool on Lot 2, Block 17 that was previously
approved as a building lot on the prelinnary plat. The applicant states that the shortage of one
building lot in this phase will be mitigated in Phase 3 of this subdivision. The applicant did
EXHH3IT °`A"
PAGE 1 OF 5
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 2
obtain prior approval for this change from the Planning Director. A Certificate of Zoning
Compliance will be required for the addition of a clubhouse and pool prior to issuance of
building permit(s) on Lot 2, Block 17.
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;
however, all lots within the subdivision meet or exceed the minimum lot square footage
requirements.
Staff recommends approval of the final plat for Messina Hills Subdivision No. 2 with the
comments and conditions stated in this report.
LOCATION
The proposed Messina Hills Subdivision No. 2 is located midway between S. Locust Grove
Road and S. Eagle Road, approximately ~/mile south of E. Victory Road in the south 1/z of the
north ~/z ofSection 29, T.3N., R.IE.
North: Rural-residentiaUagricultural property zoned RUT (Ada County); Messina Hills
Subdivision No. 1 (recently approved), zoned R-4.
West: Tuscany Lakes Subdivision (recently approved), zoned R-4.
East: Messina Village Subdivision (recently approved), zoned R-4.
South: Rural-residential/agricultural properties, zoned RUT (Ada County).
SITE SPECIFIC COMMENTS /FINAL PLAT
1. Applicant is to meet all terms of the approved annexation (AZ-02-005), preliminary plat
(PP-02-006), and Conditional Use Permit (CUP-02-006).
2. 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, asingle-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 common azeas prior to signature on
the final plat by the Meridian City Engineer.
3. Fencing is approved as shown on the Landscape Plan with the following additions:
Fencing is also required to be installed by the developer adjacent to the common area on
EXHIBIT "A"
PAGE 2 OF 5
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 3
Lot 2, Block 18 and Lot 15, Block 12; temporary construction fencing to contain debris
shall be required along the northern boundary of this phase west of the Ridenbaugh Canal
and along the eastern portion of this phase adjacent to the Ridenbaugh Canal unless
fencing already exists in these locations or at the subdivision boundaries.
All fencing shall be reduced to three feet in height within twenty feet of the right-of--way.
4. The proposed landscape plan (prepared by The Land Group, entitled
L-C, L-1, L-2, & L-3, dated 9/30/03) is approved as submitted.
A Certificate of Zoning Compliance shall be submitted for approval for the addition of
a clubhouse and pool prior to issuance of building permit(s) on Lot 2, Block 17.
6. 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, imgation, 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 imgation, amenities, 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.
8. Complete the Certificate of Owners and accompanying Acknowledgment.
9. 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. Revise or add the following notes to the face of the plat:
(1.) ...to any public street and Ten (101 feet adiacent to the rear lot lines and
subdivision boundary. This easement...
(8.) Delete: "~,,,.,. „ ,.,~ c ...:..............._e ~,.,.n ,.,..,.,.;., .. ,.F , ~~,
." (No longer required to be shown on the plat.)
(11.) Complete Instrument No.
(12.) Complete Instrument No.
(17.) Add note: The pressurized irri atg ion system within this development is owned
and maintained by the Nampa & Meridian Irrigation District.
EXHIBIT "A"
PAGE 3 OF 5
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 4
11. Revise "E. Romeo Wav" on the face of the plat to read "E. Romeo Drive" per the
approved street names on the Ada County Street Name Evaluation letter.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. Provide call-outs on the Eight-Mile Lateral centerline, and dimension the width of the
easement. Provide a copy of the executed encroachment agreement with Nampa &
Meridian Irrigation District for all the lots that encroach within the Eight-Mile Lateral
easement.
14. Rotate the right-of--way width dimension on Tybalt Dr., near the intersection of Beatrice
Dr. to be perpendicular to the right-of--way.
15. Graphically depict five (5) foot wide public utilities, drainage, and irrigation easement
along the north side of Lot 2, Block 18, Lot 1, Block 17, Lot 1, Block 15, Lot 1, Block
13, and Lot 2, Block 6, and along the west side of Lot 10, Block 9, Lot 1-2, Block 8, Lot
1-2, Block 7, and Lot 30, Block 1, as these will be side lot lines against future phases.
16. Add the missing distance dimension on the south side of Lot 3, Block 11, and the west
side of Lot 30, Block 1, and Lot 2, Block 7.
17. Identify the easement crossing the southeast corner of Lot 3, Block 11.
18. Staff s failure to cite specific ordinance provisions or terms of the approved annexation,
preliminary plat or conditional use permit does not relieve the Applicant of responsibility
for compliance.
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
Any existing 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 100-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
EXHIBIT "A"
PAGE 4 OF 5
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 5
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.
Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations aze set a minimum of three feet above the
highest established normal groundwater elevation.
6. Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
7: 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. 2 with the above
stated comments and conditions.
EXHIBIT "A"
PAGE 5 OF 5