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Messina Meadows Subdivision No. 5 FP-14-018BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE FINAL PLAT REQUEST FOR MESSINA MEADOWS SUBDIVISION NO.5 CONSISTING OF 52 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 6 COMMON/OTHER LOTS ON 18.72 ACRES OF LAND IN AN R-8 ZONING DISTRICT BY: TUSCANY DEVELOPMENT, INC. APPLICANT HEARING DATE: MAY 6, 2014 CASE NO. FP -14-018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 6, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, 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: The Final Plat of "PLAT SHOWING MESSINA MEADOWS SUBDIVISION NO. 5, LOCATED IN S '/2 OF SECTION 29, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 03/28/14, CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is conditionally approved subject to those ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 5 (FP -14-018) Page 1 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services Division of the Community Development Department dated May 6, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Michael Wardle, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 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: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 5 (FP -14-018) Page 2 of 3 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 pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 2014. D\ By: Tammy de erd Mayor, Cit of Meridian Attest: Go -4'd EDwuC l 00 City o£ 4cr E IDIAN Ja e H o�No City Clerk ��F, SEAL *� rye°�,a. the��ydt day of Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. Dated: M a J 1 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 5 (FP -14-018) Page 3 of 3 EXHIBIT A STAFF REPORT HEARING DATE: May 6, 2014 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 C �E IDIAN*_ IDAHO Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-018 — Messina Meadows No. 5 I. APPLICATION SUMMARY The applicant, Tuscany Development, Inc., has applied for final plat approval of fifty-two (52) single- family residential building lots and six (6) common/other lots on 18.72 acres of land in the R-8 zoning district. This is the final phase of development proposed for the Messina Meadows Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Messina Meadows Subdivision No. 5 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-018 as presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-018, as presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-018 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located north of E. Amity Road and west of S. Eagle Road in south'/Z of Section 29, Township 3 North, Range 1 East. B. Applicant/Owner: Tuscany Development, Inc. P.O. Box 344 Meridian, Idaho 83680 Messina Meadows No. 5 FP -14-018 PAGE 1 EXHIBIT A C. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer, #200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts fifty-two (52) single-family residential building lots and six (6) common/other lots on 18.72 acres of land. The gross density of the proposed subdivision is 2.78 dwelling units per acre with a net density of 4.61 dwelling units to the acre. The average lot size 9,453 square feet. All of the lots comply with the dimensional standards of the R-8 zoning district. The proposed open space consists of the Amity Road street buffer, 8 -foot wide parkways adjacent to the local streets, a micropath and three (3) passive open space lots. Two of the three passive open space lots will be developed with a 10 -foot wide multi -use pathway. Overall open space totals 2.44 acres which is approximately 13.03%. The proposed open space is consistent with the overall project open space. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance per UDC 11 -6B -3C as the number of buildable lots is fewer and the amount of open space is generally the same. VI. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -05-017), development agreement (#106017065), preliminary plat (PP -05-019), conditional use permit (CUP -05-026), final plats (FP -05-076, FP -06-036, FP -12-002 and FP -13-015) and Council time extension (TEC -11-003) for this development. 2. The applicant has until December 3, 2015 to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped on March 28, 2014 by James R. Washburn shall be revised as follows: a. Note #10: Insert the encumbered Lot and Block numbers. b. Note # 14: Insert recorded instrument number. 5. The landscape plan prepared by The Land Group, dated April 2, 2014, shall be revised as follows: a. If the unimproved right-of-way along Amity Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the portion of Lot 1, Block 33 adjacent to Amity Road shall consist of a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-313-7C.5. Coordinate with ACHD on the ROW landscape improvements. b. Extend the 10 -foot multi -use pathway and landscaping to the northwest boundary of Lot 25, Block 10. The pathway landscaping shall meet the standards set forth in UDC 11-3A-8 and UDC 11 -3B -12C (one tree per one hundred (100) linear feet ofpathway). Messina Meadows No. 5 FP -14-018 PAGE 2 EXHIBIT A Provide three (3) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer's signature on the final plat. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision and/or provide written documentation that scheduled trash pick-up will occur during construction of the proposed development. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. Prior to final plat signature, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 10. Prior to signature on the final plat, a public pedestrian easement for the multi -use pathway along the Ten Mile Creek shall be submitted to the Planning Division of the Community Development Department, approved by the City Council and recorded. 11. The applicant shall comply with the submitted home elevations approved with the preliminary plat. 12. Applicant shall be required to dedicate an easement for the installation and operation of the future sanitary sewer trunk extension, from the end of South Zopira Avenue in Lot 12, Block 34, to a point near the '/o section line. The easement widths and locations shall be coordinated with the Public Works Department. 13. Applicant may be eligible for reimbursements of a portion of the expense of installing the sanitary sewer trunk line through this development per MCC 8-6-5. 14. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 15. A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 16. The approved planned unit development (CUP -05-026) requires specific conditions to be met for the Stark property (parcel's #51129438700 and 51129438455) as follows: a. The future home on Lot 8, Block 33 shall be a single level with a bonus room allowance. All dormers must face east and the windows would be designed for first floor only on the west side and the garage will be constructed on the same setback as the driveway 5 to north property line of Lot 8, Block 33. b. The future homes on Lots 9 and 10, Block 33 must have all dormers face east and the windows would be designed for first floor only on the west side. c. A 6 -foot solid vinyl fence will be placed on the east, north and west side of the property and the north side will be designed with a berm if needed to mitigate headlights. At a minimum the fencing must be installed 10 -feet south of the northern property line in accord with UDC 11-3A-7. d. Provide a minimum of one pressure irrigation stub from each side of the Stark property which would be the north, east and west property lines. Messina Meadows No. 5 FP -14-018 PAGE 3 EXHIBIT A e. Provide a sewer and water stub to the property line from Messina Meadows to the north property line of the Starks property. If any of these conditions cannot be met as a result of an outside agency and/or the Developer and the Starks modify the terms noted above, the applicant shall modify the approved conditional use permit in accord with UDC 11-511-6G. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at.887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 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 the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Messina Meadows No. 5 FP -14-018 PAGE 4 EXHIBIT A 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Messina Meadows No. 5 FP -14-018 PAGE 5 EXHIBIT A 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP -05-019) C. Proposed Final Plat (dated: 03/28/14) D. Proposed Landscape Plan (dated: 04/02/14) Messina Meadows No. 5 FP -14-018 PAGE 6 EXHIBIT A Exhibit A — Vicinity Map Vicinity Map ° 0,2 Miles `% ^ ^ ^ ^ -yl ==L _ The information shone on this mop a compiled from Legend _ ^ ^ ^ ' '1. R various sources and is subject to constant re, ision The City _ of Mendian makes no wavanty or guarantee as to the P :Ares of ITPatt RUT E- corgert accuracy tmelhess, or completeness of any of the E Deerhil[ Drj- data p o ded. and assumes no legal responsibility, for the ' - y infomiaton costa fired on this map. i o , j usa St 4 J t{ E RaguT sa �n I E Ragm t m A Zaidi rt - U Q o N i t N T� c N f 1 ^ 1 St V a C E o / oo h t E Z Idta Dr N a E Tusa St do a d N Q q n p U �i r ^ � , aE Fratello St ro E rightwood D I��II�� bP b R2� o�F N s � Ti EPiCkin .A �1�1 l i i-T:TTa1r 4 ! ' f M t l � p ,� CiV E IDIAN%-- Print Date: 4/21/2014 r/ Messina Meadows No. 5 FP -14-018 PAGE 7 EXHIBIT A Exhibit B — Approved Preliminary Plat (PP -05-019) „- �W �' , ., , s,,.s,., � 7„ '_'M YaY t .w � • Jnmi _ ',,ww„w.....Y �' 1 r� , 'C y ii � A w x r � ._:�:.. :'i ,,,� :.� \ }'b� �Y. 1_�\ ••�� •r,� exp. . waw �">�� �� �• ��� �.�' 4� 4 f � 3 .� ... �.. � � M - ljl t ,y. 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Messina Meadows No. 5 FP -14-018 PAGE 8 EXHIBIT A mninit L — rroposed r anal rlat (dated: 03/28/14) LOCATED IN THE % OF SECTION 29, TOWNSHIP 3 • 'w �, •� ® NORTH, RANGE I EAST. ®DISE MERIDIAN, CITY OF d MERIDIAN, ADA COUNTY, IDAHO tp • !�\ ® 2014 . 45 •O . 0 • �. ° ®`` � , Off© �� • Q • w101wsawwK� 0.r Nlu lotp • /OIIM Vlqu��Ri IIIN • grtilidrMMM«s 111N M11X W • ur�r�mfmlrts lllu nn w • Taw �urMMWwN.Mn c «««�nrme�awKrov IMlilOaMi Zr OI1KNdlp uau�nrorurn - - - 1r[IIbNIM I� rdDOAFIR• IarW -_ _- MgNr..yKNolp Q IOIInM11! • ® ® i ° j° ® ° �® ® a - '_� �r - s.«—" '°ter' � •''=1srw 1 Messina Meadows No. 5 FP -14-018 PAGE 9 p ♦. 1 �yW r�� M- r�\r •g, Q` I �.'SY,uSR+iN"�ww� w:'��.�+maw..iw: ° �` •�O, �' « Baa 1 «..�N SYN.: S • w101wsawwK� 0.r Nlu lotp • /OIIM Vlqu��Ri IIIN • grtilidrMMM«s 111N M11X W • ur�r�mfmlrts lllu nn w • Taw �urMMWwN.Mn c «««�nrme�awKrov IMlilOaMi Zr OI1KNdlp uau�nrorurn - - - 1r[IIbNIM I� rdDOAFIR• IarW -_ _- MgNr..yKNolp Q IOIInM11! • ® ® i ° j° ® ° �® ® a - '_� �r - s.«—" '°ter' � •''=1srw 1 Messina Meadows No. 5 FP -14-018 PAGE 9 EXHIBIT A Exhibit D. — Proposed Landscape Plan (dated: 04/02/14) �. . lI` AMA .' "w « e =— LIM OWNER �hI nm. +o sluff, Rai Messina Meadows No. 5 FP -14-018 PAGE 10 .•(icy. -1 F t r" �� 14 OWNER �hI nm. +o sluff, Rai Messina Meadows No. 5 FP -14-018 PAGE 10 EXHIBIT A �! mr7m IF, Messina Meadows No. 5 FP -14-018 PAGE 11 Ev ................ ----------- Messina Meadows No. 5 FP -14-018 PAGE 11 Bill Parsons From: Mike Wardle <MWardle@brightoncorp.com> Sent: Thursday, May 01, 201411:46 AM To: Jaycee Holman; Machelle Hill; Jacy Jones Cc: Justin Lucas; Bill Parsons Subject: RE: Messina Meadows No. 5 final plat staff report for 05/06/14 CC MTG All, We have reviewed the Messina Meadows No. 5 staff report and concur with the recommendation for City Council approval with the proposed Site Specific Conditions, and request that the matter be placed on the Council's consent agenda. I will attend the meeting to answer questions, if any. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 From: Bill Parsons[mailto:bparsonsC&meridiancity.ora1 Sent: Wednesday, April 30, 2014 4:11 PM To: Ted Baird; Bill Nary; Machelle Hill; Jacy Jones; Jaycee Holman; Holly Binkley; Mike Wardle Cc: Justin Lucas Subject: Messina Meadows No. 5 final plat staff report for 05/06/14 CC MTG Attached is the; staff report for the proposed Messina Meadows Subdivision No. 5 final plat application (FP - 14 -018). This item is scheduled to be on the Council agenda on 05/06/14. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike - Please submit a written response to the staff report to the City Clerk's office (i holmanCmeridiancity ors, mhitt@meridiancity.org, jjonesCmeridiancity.ore) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642