Shelburne East No. 1 H-2019-0077
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE EAST SUB 1 – FP H-2019-0077
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: NOVEMBER 6, 2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 53 BUILDING
LOTS AND 8 COMMON LOTS ON
18.51 ACRES OF LAND IN THE R-4
ZONING DISTRICT FOR
SHELBURNE EAST SUBDIVISION
NO. 1
BY: SHELBURNE PROPERTIES,
LLC
APPLICANT
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CASE NO. H-2019-0077
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on November 6, 2019 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 EAST SUBDIVISION NO.
1, LOCATED IN THE NW ¼ OF THE SE ¼ OF SECTION 28, T.3N., R.1E.,
B.M., ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: OCTOBER 2,
2019, by CLINTON W. HANSEN, PLS, SHEET 1 OF 4,” is conditionally
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE EAST SUB 1 – FP H-2019-0077
Page 2 of 3
approved subject to those conditions of Staff as set forth in the staff report to the
Mayor and City Council from the Planning and Development Services divisions
of the Community Development Department dated November 6, 2019, 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 Thomas, Civil Innovations,
PLLC, 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.
Meridian City Council Meeting Agenda November 19, 2019 – Page 85 of 301
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 (2 8) 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 �� day of
N Oy'cmk�e r 12019.
Tammy de Weerd
O�PSEDAUGUST Mayor, City of Meridian
Attest: �Q ,
n i+ ('ity of
DAHO
City Cl ��� SEAL
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City
Attorney.
By:
Dated: LH
_ l " t
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR S14ELBURNE EAST SUB 1 — FP H-2019-0077
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EXHIBIT A
Page 1
HEARING
DATE:
11/6/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0077
Shelburne East No. 1
LOCATION: 4080, 4115 and 4205 E. Bott Ln., in the
SE ¼ of Section 28, T.3., R.1E.
I. PROJECT DESCRIPTION
The Applicant proposes a Final Plat consisting of 53 building lots and 8 common lots on 18.51 acres
of land in the R-4 zoning district.
II. APPLICANT INFORMATION
A. Applicant:
Shelburne Properties, LLC – 7629 E. Pinnacle Peak Rd., Ste. 110, Scottsdale, AZ 85255
B. Owner:
Same as Applicant
C. Representative:
Ben Thomas, Civil Innovations, PLLC – 1043 E. Park Blvd., Ste. 101, Boise, ID 83712
III. STAFF ANALYSIS
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. Because the number of buildable lots
is one (1) fewer than shown on the preliminary plat in Block 1 and the amount of common area is the
same, staff deems the final plat in substantial compliance with the approved preliminary plat.
Amenities proposed to be provided in this phase are as follows: (2) picnic shelters & associated picnic
tables, playground equipment with benches, internal pedestrian pathways, and a pickleball court (see
Section V.C for details).
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of
this report.
V. EXHIBITS
A. Preliminary Plat (date: 9/7/2018)
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B. Final Plat (date: 10/2/2019)
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C. Landscape Plan (dated: 4/30/19)
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D. Common Driveway Exhibit
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VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development (H-2018-0112, Development Agreement #2019-017516).
2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two
years of the City Council’s approval of the plat (on or before January 8, 2021), 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 final plat prepared by Land Solutions stamped on 10/2/2019 by Clinton W. Hansen,
included in Section V.B shall be revised as follows:
a. Note #10: “. . . recorded as Instrument No. 2019-017516, records of Ada County, Idaho.”
b. Note #12: Include recorded instrument number of the ACHD License Agreement.
c. Note #13: Include recorded instrument number of the CC&R’s.
d. In the Legend, include the recorded instrument number for the ACHD sidewalk
easement.
e. Include the recorded book and page number(s) of Shelburne Subdivision No. 2
referenced on Sheet 1 of the plat.
f. Widen the street frontage of Lot 14, Block 2 to a minimum of 60 feet in accord with
UDC Table 11-2A-5.
5. The landscape plan prepared by Jensen Belts Assoc., dated 4/30/19, included in Section V.C is
approved as submitted.
6. All existing structures proposed to be removed shall be removed prior to signature on the final
plat by the City Engineer.
7. Future homes constructed in this development shall substantially comply with the conceptual
elevations approved with H-2018-0112 included in the Development Agreement.
8. The rear and/or sides of structures on lots that face S. Hillsdale Ave. (i.e. Lots 10-12, Block 3)
and E. Bott Dr. (i.e. Lots 9-14, Block 2; Lot 13, Block 1; and Lots 2-4, 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 streets. Single-story homes are exempt from this
requirement.
9. A perpetual ingress/egress easement for the common driveway on Lot 8, Block 2 is required to
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. A copy of the easement
shall be submitted to the Planning Division prior to signature on the final plat by the City
Engineer.
10. The Nine Mile Creek shall be protected during construction.
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11. Homes constructed on Lots 6-7 and 9-11, Block 2 shall comply with the common driveway
exhibit in Section V.D.
12. The S. Selatir Ln access easement shall be relinquished where it crosses this site; include a
copy of the relinquishment with the final plat submittal for City Engineer signature.
13. A Certificate of Zoning Compliance and Design Review applications are required to be
submitted to the Planning Division and approved prior to submittal of building permit
applications for the picnic shelters.
14. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions:
1. The Streetlights along E. Bott Dr. and S. Hillsdale Ave shall be metered to meet City and Idaho
Power requirements.
2. This phase of the development will result in a long dead-end water main, which may result in
poor water quality. Future development to west will eliminate this dead-end and help alleviate
this problem.
3. Applicant to add back the 8-inch water main connection between Phases 1 (S. Selatir Way) and
the future Phase 3 (S. Taradale Pl.) as shown on the conceptual engineering plans submitted
with the pre-plat. This mainline shall be within a minimum 20-foot wide common area lot
between the two public right-of-ways, and an easement dedicated per General Condition No.
19 below. The water mains in S. Selatir Way and E. Bott Dr. shall be 8-inch, not 12-inch. The
water main in S. Selatir Way south of E. Fratello St. shall be 12-inch for future connection to
E. Amity Rd. in Phase 3.
General Conditions:
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
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9. 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 p rovided
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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. All grading of the site shall be performed in conformance with MCC 11-1-4B.
17. 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.
18. 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.
19. 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.
20. 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.
21. Street light plan requirements are listed in section 6-7 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
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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.
22. 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.
23. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
24. 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.
25. 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.
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From:Ben Thomas
To:Sonya Allen
Subject:RE: Shelburne East 1 FP H-2019-0077 Staff Report
Date:Friday, November 1, 2019 12:42:34 PM
Sonya,
We are in agreement with the conditions stated in the staff report.
Thanks,
Ben Thomas, PE
Civil Innovations, PLLC
1043 E. Park Blvd., Ste. 101
Boise, ID 83712
ben@civil-innovations.com
Office: (208) 884-8181
Cell: (208) 914-0770
-----Original Message-----
From: Sonya Allen [mailto:sallen@meridiancity.org]
Sent: Monday, October 21, 2019 2:52 PM
To: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way
<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>
Cc: ben@civil-innovations.com
Subject: Shelburne East 1 FP H-2019-0077 Staff Report
Please delete the staff report I sent earlier & replace it with this one.
thanks City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-888-4433
www.meridiancity.org
All e-mail messages sent to or received by City of Meridian e-mail
accounts are subject to the Idaho law, in regards to both release and
retention, and may be released upon request, unless exempt from disclosure
by law.
EXHIBIT B
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