Zebulon Heights Subdivision No. 3 FP-10-005BEFORE THE MERIDIAN CITY COUNCIL
C/C July 27, 2010
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
APPROVAL OF 18 BUILDING
LOTS, 4 COMMON LOTS, AND 1
ACRD STORM DRAINAGE LOT
ON 8.06 ACRES OF LAND FOR
ZEBULON HEIGHTS
SUBDIVISION N0.3, LOCATED IN
THE NE '/ OF SECTION 32, T.4N.,
R.lE, MERIDIAN, IDAHO
BY: THE TRADITIONS BY AMYX
II, LLP
APPLICANT
CASE NO. FP-10-005
ORDER GRANTING FINAL PLAT
APPROVAL OF ZEBULON
HEIGHTS SUBDIVISION N0.3
This matter coming before the City Council for Final Plat approval pursuant to
Unified Development Code 11-6B-3 on July 27, 2010, and the Council finding that the
Administrative Review is complete from Sonya Wafters, Associate City Planner for the Planning
Department, and Scott Steckline, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: July 27, 2010, 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 AND THIS DOES ORDER THAT:
1. The Final Plat of "PLAT SHOWING ZEBULON HEIGHTS SUBDIVISION NO.
3 LOCATED IN THE NE '/ OF SECTION 32, T.4N., R.IE., B.M., MERIDIAN,
ORDER GRANTING FINAL PLAT APPROVAL FOR ZEBULON HEIGHTS SUBDIVISION NO. 3
(FP-10-005)
Page 1 of 4
ADA COUNTY, IDAHO 2010, STAMPED BY D. TERRY PEUGH, PLS ON
6/3/10, SHEET 1 OF 3, DTP SURVEYING, LLC, TRADITIONS BY AMYX II,
LLP, DEVELOPER, " is conditionally approved subject to those conditions of
Staff comments as set forth in the Memorandum to the Mayor and City Council
from Sonya Watters, Associate City Planner for the Planning and Zoning
Department and Scott Steckline, Development Services Coordinator for the Public
Works Department, dated: Hearing Date: July 27, 2010, listing 13 SITE
SPECIFIC CONDITIONS/FINAL PLAT and 18 GENERAL REQUIREMENTS,
a true and correct copy of which is attached hereto marked Exhibit "A", and
consisting of 8 pages, and by this reference incorporated herein, and the response
letter from Becky McKay, Engineering Solutions, LLP, a true and correct copy of
which is attached hereto marked Exhibit "B" and consisting of 1 page, 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:
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.
ORDER GRANTING FINAL PLAT APPROVAL FOR ZEBULON HEIGHTS SUBDIVISION NO
(FP-10-005)
Page 2 of 4
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 maybe 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 as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
of , 2010.
~~
DATED this ~ ~ day of T- , 2010.
~~' ~ Ma'~or a y de Weerd
Attest: = SEAL __
COUNTY ~ \~~.~.
`"~n~.~~ ni~~~~~
ORDER GRANTING FINAL PLAT APPROVAL FOR ZEBULON HEIGHTS SUBDIVISION NO. 3
(FP-10-005)
Page 3 of 4
~' day
Jaycee Ho an, City Clerk
Copy served upon Applicant, Planning Department, Public Works, and the City Attorney.
By: Dated: ~ ~~ l~
ORDER GRANTING FINAL PLAT APPROVAL FOR ZEBULON HEIGHTS SUBDIVISION NO. 3
(FP-10-005)
Page 4 of 4
EXHIBIT A
STAFF REPORT: Meeting Date: July 27, 2010
TO: Mayor & City Council E IDIAN~-
~aaHa
FROM: Sonya Watters, Associate City Planner
208-884-5533
Scott Steckline, Land Development Supervisor
208-898-5500
SUBJECT: FP-10-005 -Zebulon Heights Subdivision No. 3
I. APPLICATION SUMMARY & LOCATION
The applicant, The Traditions by Amyx II, LLP, has applied for final plat approval of 18 building lots, 4 common
area lots, and 1 ACHD storm drainage lot on 8.06 acres of land for Zebulon Heights Subdivision No. 3. The
proposed subdivision is currently zoned R-4 (Medium Low Density Residential). The property is located south of
E. McMillan Road and west of N. Eagle Road, in the NE '/ of Section 32, T. 4N., R. 1 E.
As part of this phase, the applicant proposes to construct and landscape an off-site street buffer along McMillan
Road on ACHD property north of the proposed subdivision through a license agreement with ACHD.
Additionally, ACRD is going to convert a portion of land that is currently part of the drainage pond to right-of-
way for the extension of Camas Creek Way into the site.
The City Council approved the preliminary plat (PP-OS-008) for Zebulon Heights Subdivision No. 2 on April 19,
2005. The plat contained 175 single-family residential building lots and 20 other/common lots on 72.85 acres of
land in an R-4 zoning district. A planned development (CUP-OS-006) was also approved at that time for single-
family homes with reduced lot frontages and a reduction in density to less than three dwelling units per acre. A
development agreement was required with annexation (AZ-OS-006) of this property, recorded as Instrument No.
106111627. In 2006, an 18 month time extension (TE-06-005 & TE-06-006) was granted to record the first final
plat and commence the use as approved with the CUP. In 2009, another time extension (TE-09-012) was
approved to obtain the City Engineer's signature on the second phase of the development.
This is the second final plat proposed for Zebulon Heights Subdivision No. 2. The applicant has until September
27, 2010 to obtain the City Engineer's signature on the final plat or apply for another time extension in accord
with UDC 11-6B-7.
Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in
substantial conformance per UDC11-6B-3C as the number of buildable lots is the same and there is not a
reduction in the amount of open space proposed.
II. STAFF RECOMMENDATION
Staff recommends approval of the Zebulon Heights Subdivision No. 3 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. SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved annexation (AZ-OS-006), development agreement (Instrument
#106111627), preliminary plat (PP-OS-008), and conditional use permit/planned development (CUP-OS-006)
applications for this subdivision.
2. If the City Engineer's signature has not been obtained on this final plat by September 27, 2010, the
preliminary plat shall become null and void unless a time extension is obtained in accordance with UDC 11-
6B-7C.
3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying
acknowledgement shall be signed and notarized.
Zebulon Heights Sub3 FP.doc PAGE 1
EXHIBIT A
4. Revise the notes on the face of the plat prepared by D. Terry Peugh, stamped on June 3, 2010, prior to
signature of the final plat by the City Engineer, as follows:
a. Note #14: Include the recorded instrument number.
b. On Sheet 2 of the plat under Approval of City Council, revise the City Clerk name to reflect Jaycee
Holman instead of William Berg Jr.
5. The subject property shall be subdivided prior to issuance of any building permits.
6. Revise the landscape plan prepared by Jensen Belts Associates, dated 6/27/10, submitted with this
application, as follows:
a. Depict the extension of the 10-foot wide multi-use pathway from along the north side of the North Slough
on the west side of Camas Creek Way to the south boundary of this phase; landscaping is required in
accord with UDC 11-3B-12C.
b. Wrought iron fencing is required to be constructed on both sides of the North Slough for visibility of the
multi-use pathway (where a pathway is proposed), per requirement of the preliminary plat; revise the plan
accordingly.
c. Fencing along all portions of the multi-use pathway shall be consistent with UDC 11-3A-7A.7b.
d. The street buffer proposed off-site along E. McMillan Road, an arterial street, on ACHD property requires
a license agreement with ACHD and is required to be 25 feet in width per UDC Table 11-2A-6; the buffer
shown is substandard in places. If the full buffer width (measured from the back of curb or ultimate
location of curb for detached sidewalks) can not be provided, the applicant shall apply for Alternative
Compliance in accord with UDC 11-3B-7C.1 c and 11-SB-5.
e. Construct a minimum 10-foot wide gravel shoulder along McMillan Road and landscape the remaining
portion of the right-of--way with lawn or other ACRD approved groundcover. Obtain a license agreement
with ACHD for any landscaping within the right-of--way. If the applicant can not comply with this
requirement, the applicant shall apply for Alternative Compliance in accord with 11-SB-5.
£ Per requirement of the development agreement, a continuous multi-use pathway is required to be
constructed from the west property line throughout the site to the south property line. Further, the
applicant shall provide the City with all legal descriptions of any portions of the multi-use pathway that
are off-site (under ACHD ownership & church ownership), prior to final plat signature by the City
Engineer. The pathway shall be in a location approved by the City Parks Director.
7. Prior to signature on the final plat by the City Engineer, a permanent pedestrian easement in favor of the City
of Meridian shall be recorded for the multi-use pathway on the subject property. The easement shall be
sufficient width to cover the 10-foot wide pathway. Additionally, a note shall be added to the face of the final
plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within
the easement.
8. The applicant shall work with the Planning Department and ACHD on striping, signage, or other means to
create an efficient multi-use pathway crossing of the public streets. The applicant shall install signs or other
means to inform the traveling public (striping, crosswalks, et.) of pathway/street intersections (where deemed
appropriate by ACRD and the City), per requirement of the preliminary plat.
9. Prior to signature on the final plat by the City Engineer, the applicant shall submit a license agreement for the
landscaping within the street buffer along McMillan Road that is on ACRD property.
10. If permanent perimeter fencing is not installed around the perimeter of the site, temporary construction
fencing is required to be installed to contain debris during construction prior to issuance of building permits.
11. Prior to signature of the final plat by the City Engineer, 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, Ken Whitlock, at 887-1620 for more information.
12. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention
facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated
Zebulon Heights Sub3 FP.doc PAGE 2
EXHIBIT A
with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space
lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated
into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate
the facility. This may require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final
construction.
13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the
Applicant of responsibility for compliance.
IV. GENERAL REQUIREMENTS
1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross
or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not
be obtained, alternate plans will be reviewed and approved by the City Engineer.
2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall
be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior
to applying for building permits.
3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing,
landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as
otherwise allowed by UDC 11-SC-1.
5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or
qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The
Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler
installation, are in substantial compliance with the approved landscape plan.
6. The applicant shall provide a 20-foot easement for all public water/sewer mains (new or existing) outside of
public right of way (include all water services and hydrants). 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.
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 any construction plan approval.
8. The applicant will be required to abandon any services that are not utilized with final construction. Contact
Meridian Public Works for requirements.
9. Compaction test results must be submitted to the Meridian Building Department for all building pads
receiving engineered backf`ill, where footing would sit atop fill material.
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. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe
required by the Environmental Protection Agency.
12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act.
Zebulon Heights Sub3 FP.doc PAGE 3
EXHIBIT A
13. 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.
14. 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 maybe 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.
15. 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.
16. 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.
17. The applicant's 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 the ACRD. 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.
18. 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.
V. EXHIIBITS
A. Zoning/Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
Zebulon Heights Sub3 FP.doc PAGE 4
Exhibit A -Zoning/Vicinity Map
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Exhibit C -Proposed Final Plat
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Zebulon Heights Sub3 FP.doc PAGE 7
EXHIBIT A
Exhibit D -Proposed Landscape Plan
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Zebulon Heights Sub3 FP.doc PAGE 8
EXHIBIT A
Zebulon Heights Sub3 FP.doc PAGE 9
EX1~161T 8
City of Meridian
Attn: Mayor and City Council
33 East Broadway
Meridian, Idaho
ltE: Zebulon Heights No. 3
Dear Mayor and Council Members:
I have reviewed the staff report and conditions of approval for the final plat of Zebulon
No. 3 and I am in agreement.
Sincerely,
Becky Mc
ENGINEE G SOLUTIONS, LLP