Shelburne East No. 2 H-2019-0078
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE EAST SUB 2 – FP H-2019-0078
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 13 BUILDING
LOTS AND 1 COMMON LOT ON
3.07 ACRES OF LAND IN THE R-4
ZONING DISTRICT FOR
SHELBURNE EAST SUBDIVISION
NO. 2
BY: SHELBURNE PROPERTIES,
LLC
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. H-2019-0078
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.
2, LOCATED IN THE NW ¼ OF THE SE ¼ OF SECTION 28, T.3N., R.1E.,
B.M., ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: May 31, 2019,
by CLINTON W. HANSEN, PLS, SHEET 1 OF 3,” is conditionally approved
Meridian City Council Meeting Agenda November 19, 2019 – Page 100 of 301
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE EAST SUB 2 – FP H-2019-0078
Page 2 of 3
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 101 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 (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 0&0 day of
By:
Tammy dee
���Ep AUGUST' Mayor, Cit
Attest: Qo ,1
0oma,
z E;`IDIp,N�
LU
C ri htl
L
City Clerl
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City
Attorney.
By: Dated:-[[—
ORDER
ated:[[—
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE EAST SUB 2 — FP H-2019-0078
Page 3 of 3
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-2019-0078
Shelburne East No. 2
LOCATION: 4115 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 13 building lots and 1 common lot on 3.07 acres of
land in the R-4 zoning district.
II. APPLICANT INFORMATION
A. Applicant:
Shelburne Properties, LLC – 7440 E. Pinnacle Peak Rd., Ste. 142, 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
and common area is the same as shown on the preliminary plat, staff deems the final plat in
substantial compliance with the approved preliminary plat.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda November 19, 2019 – Page 103 of 301
Page 2
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)
Meridian City Council Meeting Agenda November 19, 2019 – Page 104 of 301
Page 3
B. Final Plat (date: 5/31/2019)
Meridian City Council Meeting Agenda November 19, 2019 – Page 105 of 301
Page 4
C. Landscape Plan (dated: 4/30/19)
Meridian City Council Meeting Agenda November 19, 2019 – Page 106 of 301
Page 5
Meridian City Council Meeting Agenda November 19, 2019 – Page 107 of 301
Page 6
D. Common Driveway Exhibit
Meridian City Council Meeting Agenda November 19, 2019 – Page 108 of 301
Page 7
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 Engineer’s signature on the first phase final plat, 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 5/31/2019 by Clinton W. Hansen,
included in Section V.B shall be revised as follows:
a. Note #9: “. . . recorded as Instrument No. 2019-017516, records of Ada County, Idaho.”
b. Note #10: Include recorded instrument number of the ACHD License Agreement.
c. Note #12: Include recorded instrument number of the CC&R’s.
d. Include the recorded book and page number(s) of Shelburne Subdivision No. 2
referenced on Sheet 1 of the plat.
5. The landscape plan prepared by Jensen Belts Assoc., dated 4/30/19, is approved as shown in
Section V.C.
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 14-15 and 17,
Block 3) and E. Bott Dr. (i.e. Lots 17-23, Block 3) 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 16, Block 3 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. Homes constructed on Lots 15 and 17-19, Block 3 shall comply with the common driveway
exhibit in Section V.D. Solid fencing adjacent to the common driveway is prohibited unless
separated by a minimum 5-foot wide landscaped buffer as set forth in UDC 11-6C-3D.5.
11. 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.
Meridian City Council Meeting Agenda November 19, 2019 – Page 109 of 301
Page 8
B. Public Works
Site Specific Conditions:
1. The street light plan submitted appears to meet requirements based on a preliminary review.
2. No new sewer and water infrastructure is to be constructed with this Phase of Shelburne East
Subdivision. All infrastructure required to serve this Phase will be completed with Phase 1.
General Conditions:
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 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.
7. 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.
8. 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.
9. 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.
10. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. All grading of the site shall be performed in conformance with MCC 11-1-4B.
13. 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.
14. 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.
15. 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
Meridian City Council Meeting Agenda November 19, 2019 – Page 110 of 301
Page 9
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.
16. 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.
17. 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
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.
18. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
19. 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.
20. 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.
21. 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 addressed 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.
Meridian City Council Meeting Agenda November 19, 2019 – Page 111 of 301
From:Ben Thomas
To:Sonya Allen
Subject:RE: Shelburne East Sub. 2 - FP H-2019-0078 Staff Report for Nov. 6th Council Mtg
Date:Friday, November 1, 2019 12:42:03 PM
Attachments:image006.png
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
From: Sonya Allen [mailto:sallen@meridiancity.org]
Sent: Monday, October 21, 2019 4:06 PM
To: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>;
Chris Johnson <cjohnson@meridiancity.org>
Cc: Bill Parsons <bparsons@meridiancity.org>; ben@civil-innovations.com
Subject: Shelburne East Sub. 2 - FP H-2019-0078 Staff Report for Nov. 6th Council Mtg
Attached is the staff report for the proposed final plat for Shelburne Sub. 2. This item is scheduled to
be on the City Council agenda on Nov. 6th. The hearing will be held at City Hall, 33 E. Broadway
Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Ben - Please submit a written response to the staff report to the City Clerk’s office
(cityclerk@meridiancity.org) and me 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, 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 for discussion.
If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the
conditions of approval, your project will be placed on the regular agenda.
Thanks,
Sonya Allen | Associate Planner
EXHIBIT B
Meridian City Council Meeting Agenda November 19, 2019 – Page 112 of 301
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0578
Built for Business, Designed for Living
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.
Meridian City Council Meeting Agenda November 19, 2019 – Page 113 of 301