Shelburne Subdivision no 2 H-2017-0148ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE SUBDIVISION NO. 2 – FP (H-2017-0148)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: DECEMBER 5, 2017
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 30 SINGLE-
FAMILY RESIDENTIAL LOTS
AND 7 COMMON LOTS ON 10.78
ACRES OF LAND IN THE R-4
ZONING DISTRICT FOR
SHELBURNE SUBDIVISION NO. 2
BY: SHELBURNE PORPERTIES,
LLC
APPLICANT
CASE NO. H-2017-0148
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on December 5, 2017 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:
1. The Final Plat of “PLAT SHOWING SHELBURNE SUBDIVISION NO. 2,
LOCATED IN THE N ½ OF THE SW ¼ OF SECTION 28, T.3N., R.1E, BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017,
HANDWRITTEN DATE: 11/4/2017, by GREGORY G. CARTER, PLS, SHEET
1 OF 4,” is conditionally approved subject to those conditions of Staff as set forth
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE SUBDIVISION NO. 2 – FP (H-2017-0148)
Page 2 of 3
in the staff report to the Mayor and City Council from the Planning and
Development Services divisions of the Community Development Department
dated December 5, 2017, a true and correct copy of which is attached hereto
marked “Exhibit A” and by this reference incorporated herein, and the response
letter from Ben Semple, Breckon Land Design, 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.
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
0et"'�`2Mde-4" , 2017.
11
O�PED AUGUST
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rity or
�E IDIAN�--Attest: ' °AMO/? SEAL i/
QJay Cole
City Clerk.
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Tammy de e d
Mayor, City Meridian
day of
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: Dated: D,Q rYluo-r 12-1,,7011
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE SUBDIVISION NO.2 — FP (H-2017-0148)
Page 3 of 3
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 1
STAFF REPORT
MEETING DATE: December 5, 2017
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Shelburne Subdivision No. 2 – H-2017-0148
I. APPLICATION SUMMARY
The applicant, Shelburne Properties, LLC, has applied for final plat (FP) approval of 30 single-family
residential building lots and 7 common lots on 10.78 acres of land in an R-4 zoning district for the
second and final phase of Shelburne Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Shelburne Subdivision No. 2 final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2017-0148 as presented in the staff report for the hearing date of
December 5, 2017, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2017-0148, as presented during the hearing on December 5, 2017, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0148 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 subject property is generally located at ¼ mile east of S. Eagle Road and north of E. Amity
Road, in the southwest ¼ of Section 28, T. 3N., R. 1E.
B. Applicant:
Shelburne Properties, LLC
7440 E. Pinnacle Peak Rd., Ste. 142
Scottsdale, AZ 85255
C. Owners:
Same as applicant
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 2
D. Representative:
Ben Semple, Breckon Land Design
6661 N. Glenwood St.
Garden City, ID 83714
V. STAFF ANALYSIS
The proposed final plat depicts 30 new building lots and 7 common area lots on 10.78 acres of land in
the R-4 zoning district. All of the lots proposed in this subdivision are for single-family detached
homes and comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-
2A-5.
There is an existing home and an accessory structure on this site; the home is proposed to remain and
the accessory structure will be removed. The building footprint for the existing home shown in
Exhibit F demonstrates compliance with the setback requirements of the R-4 district as required.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and
common area is the same as shown on the preliminary plat; therefore, staff finds the proposed final
plat in substantial compliance with the approved preliminary plat.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (AZ-15-003), Development Agreement
Inst. #2015-083757) and preliminary plat (PP-15-005).
2. The applicant shall obtain the City Engineer’s signature on the final plat by April 4, 2019; or,
apply for a time extension in accord with UDC 11-6B-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 existing accessory structure on proposed Lots 12 and 13, Block 1 shall be removed prior to
signature on the final plat by the City Engineer.
5. The final plat prepared by Idaho Survey Group, LLC, stamped by Gregory G. Carter on
11/4/2017, shall be revised prior to signature on the final plat by the City Engineer as follows:
a. Note #6: “Direct lot access via N. Howry Ln. S. Hillsdale Ave. and E. Peaceful Pond Dr. is
prohibited except for Lot 7, Block 1.”
b. Note #9: Include the recorded instrument number for the ACHD sidewalk easement.
c. Note #10: Include the recorded instrument number for the temporary turnaround easement.
d. Note #11: Include the recorded instrument number for the Meridian water easement.
e. Note #12: “Lot 30, Block 5 shall be subject to an access easement in favor of Lots 28, and 29,
Block 5.”
6. The landscape plan prepared by Breckon Land Design, stamp dated 9/6/17, shall be revised prior
to signature on the final plat by the City Engineer as follows:
a. Include vegetative groundcover within Lot 2, Block 1, at a minimum coverage of 70% at
maturity in accord with UDC 11-3B-5N. A 5-foot wide strip of landscaping is required on
either side of the pathway in accord with UDC 11-3B-12C.1.
b. Include a concrete pad at the end of the common driveway on Lot 30, Block 5 no more than 5
feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 3
residences that take access from the common driveway. Please contact Bob Olson at
Republic Services (345-1265) for additional information.
c. Fencing adjacent to the micropath on Lot 2, Block 1 is restricted as set forth in UDC 11-3A-
7A.7; revise accordingly.
d. Include fencing at the rear/side of the building lots that abut the large common area on Lot 6,
Block 1 to distinguish common from private areas and to prevent the pond from becoming an
easily accessible hazard to adjacent buildable lots, in accord with the standards listed in UDC
11-3A-7A.7.
e. Five-foot wide detached sidewalks are required along N. Hillsdale Ave., and E. Peaceful
Pond Dr., both collector streets, in accord with UDC 11-3A-17, except for on Lot 6, Block 1
which City Council approved to be attached.
f. Include mitigation calculations for any existing healthy 4” caliper or greater trees that are
removed from the site in accord with UDC 11-3B-10C.5.
7. All fencing installed on the site must comply with the fencing plan depicted on the landscape
plan, the conditions in this report, and with the standards listed in UDC 11-3A-7. If permanent
fencing does not exist at the subdivision boundary, temporary construction fencing to contain
debris shall be installed around this phase prior to release of building permits for this subdivision.
8. The common driveway proposed on the site on Lot 30, Block 5 shall comply with the standards
listed in UDC 11-6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County
recorder, which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment in accord with UDC 11-6C-3D.7.
9. The driveway for the future home on Lot 31, Block 5 shall be located on the opposite side of the
shared property line with Lot 30, Block 5 away from the common driveway in accord with UDC
11-6C-3D.5.
10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
11. A street light plan will need to be included with the Land Development Plan Submittal. Street
light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.
A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
The streetlights on E. Peaceful Pond Dr. and S. Howry Lane will need to be metered as these
roads are not internal to the subdivision.
12. Development of homes within this subdivision shall be consistent with the building elevation
design and materials approved with the preliminary plat.
13. The rear or sides of future structures on lots that face E. Peaceful Pond Dr. and N. Hillsdale Ave.,
both collector streets, on Lots 5 and 9, Block 1; Lots 2-4, Block 6; Lots 4-10, Block 4 and Lots
29, 31-32, Block 5 shall incorporate articulation through changes in two or more of the following:
modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies,
material types, or other integrated architectural elements to break up monotonous wall planes and
roof lines that are visible from the subject public street. Single-story structures are exempt from
this requirement.
14. Applicant shall abandon domestic well #399884, located near Lot 4 Block 4. This well is not
currently shown on the construction plans. Abandonment is to include perforation of the well
casing and pressure grouting to the surface.
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 4
VII. GENERAL REQUIREMENTS
1. 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. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
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. Applicant must file an application for surety, which can be found on the
Community Development Department website. 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
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.
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.
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 5
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
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. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. 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 prepared by an Idaho
Licensed Professional Land Surveyor, 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. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
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 Water Department at
208)888-5242 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.
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 the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). 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,
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 6
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
VIII. EXHIIBITS
A. Vicinity/Zoning Map
B. Approved Preliminary Plat (dated: 6/11/15)
C. Proposed Final Plat (dated: 11/4/17)
D. Proposed Landscape Plan (dated: 9/6/17)
E. Common Driveway Exhibit
F. Exhibit Demonstrating Compliance with Setback Requirements for Existing Home
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 7
Exhibit A – Vicinity/Zoning Map
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 8
Exhibit B – Approved Preliminary Plat (dated: 6/11/15)
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 9
Exhibit C – Proposed Final Plat (dated: 11/4/17)
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 10
Exhibit D –Proposed Landscape Plan (dated: 9/6/17)
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 11
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 12
Exhibit E: Common Driveway Exhibit
EXHIBIT A
Shelburne Sub 2 H-2017-0148 PAGE 13
Exhibit F: Exhibit Demonstrating Compliance with Setback Requirements for Existing Home