HomeMy WebLinkAboutTuscany Lakes 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
TUSCANY LAKES SUBDIVISION
N0.2, LOCATED EAST OF SOUTH
LOCUST GROVE ROAD AND
SOUTH OF EAST VICTORY ROAD,
MERIDIAN, IDAHO
CASE NO. FP-03-060
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 "TUSCANY LAKES SUBDIVISION NO. 2" as evidenced in
Plat,bearing: "PLAT OF TUSCANY LAKES SUBDIVISION N0.2, A PORTION OF THE NW
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUSCANY LAKES SUBDNISION N0.2 / (FP-03-060)
Page 1 of 4
1/4 SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA
COUNTY, IDAHO 2003,#21102 X21102-PLT.DWG MEM 10/10/03, HANDWRITTEN
DATE: 10/10/03, STAMPED DATE: OCT 10 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 10
Site Specific Requirements/Final Plat, a true and correct copy of which is attached hereto marked
Exhibit "A", and consisting of four 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 action of the Council taken at their November 18, 2003 meeting
as follows, to-wit:
1.1 The Central District Health Department requires after written
approval from the appropriate enfities 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 stormwater 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 stormwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUSCANY LAKES SUBDNISION N0.2 / (FP-03-060)
Page 2 of 4
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 Department, May 2000.
1.2 Per testimony at the City Council meeting of November 18, 2003,
the following was noted on record:
That this subdivision has all common lots in a road
dedication, with no building lots. This was necessary to
provide for a secondary access between Messina Hills
Subdivision and Tuscany Lakes Subdivision which
provides the extension of Palarmo Drive.
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 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
ORDER OF CONDTI'IONAL APPROVAL OF FINAL PLAT
FOR TUSCANY LAKES SUBDIVISION N0.2 / (FP-03-060)
Page 3 of 4
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 fmal action of the governing body of the Ciry 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.
~~
By action of the City Council at its regular meeting held on the lg day of
/Y ~y~~ ~ , 2003.
i
1~9
.~ FAA +,'~.
Attest: ,~` Q ~ ' ~j ~ ,
~.~.~ ,9'1'~hh~h1.~' QPIUtGK!' /~itGfl:lt,if C~yCm(.s,c~.C
~opPORa rF
a
~~~~ SEAL
i _ ' r7
William G. Berg, Jr., Ci y erk ~~ ,y GO~r Est ~~ gyp;
~.q P
Copy served upon Applicant, the Pl~afi~i ~~b~igg`~epartment, Public Works Department,
and City Attorney. " ' ,~~""""' "~n,,,
o~aT 9ti '-
/~ .~ Fo
By: ~"~'° "'~f'-' Dated: ~~ Z¢ O3
City Clerk ~ ,, -°
Z:\Work\M\Meridiao\Ivleridian l5360IvflTuscany lzkes Sub No.2 FPA3-060\OrderFP.doc '~~~i,~~c~u~~,{`~P\`~~~~
ORDER OF CONDTI'IONAL APPROVAL OF FINAL PLAT
FOR TUSCANY LAKES SUBDIVISION N0.2 / (FP-03-060)
Page 4 of 4
HUB OF TREASURE VALLEY
MAYOR A GOOd Place to Live LEGAL DEPARTMENT
Robert D. Come
N
CITY OF MERIDIAN (208) 466-9272 • Fax 466-4401
CITY CDD
CILMEMBERS PUBLIC WGRK3
Tammy deWeerd 33 EA$T 1DAH0 BUILDfNG DEPARTMENT
(208) 898-5500 Fax 887-1297
Keith Bins MERIDIAN, IDAHO 83642
Cherie.McCandless (208) 888-0433 ~ FAX (208) 8674813 PLANNMG AND ZONING
William L.M. Ne
ry City Clerk Office Fax (208) 8884218 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: Tuscany Lakes Subdivision No. 2
• Final Plat approval of Six (6) Common Lots on 1.67 Acres in an R-4
Zone, by Tuscany Development, Inc. (File No. FP-03-060).
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
The applicant, Tuscany Development, Inc., has applied for Final Plat approval of Tuscany
Lakes Subdivision No. 2 consisting of six common lots on 1.67 acres of land. The zoning
designation for this portion of the proposed subdivision is R-4 (Low Density Residential).
The six common lots will be used for landscape and homeowner pedestrian access, and will be
owned and maintained by the Tuscany Homeowners Association. The pressurized irrigation
system within this portion will be owned and maintained by the Nampa & Meridian Irrigation
District.
The submitted final plat substantially complies with the approved preliminary plat; however,
there was one minor change made on the final plat. Lot 1, Block 9 (Lot 44, Block 1 on the
preliminary plat) was extended through Lot 37, Block 1 to the Eight Mile Lateral.
The road and common lots are being platted separately on this phase because the Fire
Department required this section of E. Palermo Drive to be constructed as a secondary access
point between Messina Hills and Tuscany Lakes Subdivisions before subsequent building
permits can be approved.
Staff recommends approval of the final plat for Tuscany Lakes Subdivision No. 2 with the
comments and conditions stated in this report.
EXHIBIT "A"
PAGE 1 OF 4
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 2
LOCATION
The proposed Tuscany Lakes Subdivision No. 2 is located Approximately '/a mile east of S.
Locust Grove Road and 1/3 mile south of E. Victory Road in the NW ~/aof Section 29, T.3N.,
R.IE.
SURROUNDING PROPERTIES
This phase of Tuscany Lakes is surrounded on all sides by existing and future phases of Tuscany
Lakes and Messina Hills Subdivisions.
SITE SPECIFIC COMMENTS /FINAL PLAT
1. Applicant is to meet al] terms of the approved annexation (AZ-02-005), preliminazy 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 (Sheet L-1) prepazed by The Land
Group, dated 9/30/03.
All fencing shall be reduced to three feet in height within twenty feet of the right-of--way.
4. 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, 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, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to
signature on the final plat.
5. Sanitary sewer service and municipal water 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
EXHIBIT °`A"
PAGE 2 OF 4
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 3
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
6. Complete the Certificate of Owners and accompanying Acknowledgment.
7. 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.
8. Developer shall coordinate mailbox locations with the Meridian Post Office.
9. 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.
10. 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.
GENERAL REQUIREMENTS
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. 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
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.
EXIIIBIT "A"
PAGE 3 OF 4
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 4
5 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.
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 Tuscany Lakes Subdivision No. 2 with the above
stated comments and conditions.
EXHIBIT "A"
PAGE 4 OF 4