Zebulon Heights Subdivision No. 4 FP-11-009BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
APPROVAL OF 12 SINGLE-
FAMILY RESIDENTIAL BUILDING
LOTS AND 2 COMMON AREA
LOTS ON 7.22 ACRES OF LAND IN
AN R-4 ZONING DISTRICT FOR
ZEBULON HEIGHTS
SUBDIVISION N0.4
BY: THE TRADITIONS BY AMYX
II, LLP
APPLICANT
HEARING DATE: OCTOBER 18, 2011
CASE NO. FP-11-009
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on October 18, 2011 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 Department and Public Works 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 ZEBULON HEIGHTS SUBDIVISION NO.
4, LOCATED IN THE NE'/4 OF SECTION 32, T.4., R.lE., BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, 2011, HANDWRITTEN DATE:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ZEBULON HEIGHTS SUBDIVISION N0.4 (FP-11-009)
Page 1 of 4
09/19/11, CLINTON W. HANSEN, PLS, SHEET 1 OF 2," is conditionally
approved subject to those conditions of Staff as set forth in the staff report to the
Mayor and City Council from the Planning Department and the Development
Services division of the Public Works Department dated October 18, 2011, a true
and correct copy of which is attached hereto marked "Exhibit A" and by this
reference incorporated herein, and the response letter from Becky McKay, a true
and correct copy of which is attached hereto marked "Exhibit B" and by this
reference incorporated herein, and the additional requirements of the City Council
taken at their October 18, 2011 meeting as shown in the staff report attached as
"Exhibit A".
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 with the exception of the pool and
restroom/locker/changing area to be constructed on Lot 1, Block 12, which
Council approved the plat to be signed prior to construction of such
without a requirement for surety to be submitted.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ZEBULON HEIGHTS SUBDNISION NO. 4 (FP-11-009)
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 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 1 ~t day of
Nrrt _nnb2~/ , 2011.
~~~i~/~~
gy. '~'~
Tammy de erd
Mayor, City of Meridian
Attest:
O~,TSD q UCO
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~~7IDAHO
n, SEAL r
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art ~~t1e 7tESSU~e
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ZEBULON HEIGHTS SiJBDIVISION N0.4 (FP-11-009)
Page 3 of 4
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
By: Dated: 1 ~ ' 3 ~ <
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ZEBULON HEIGHTS SUBDIVISION N0.4 (FP-11-009)
Page 4 of 4
EXHIBIT A
STAFF REPORT: Meeting Date: October 18, 2011 T T A N
TO: Mayor & City Council ~ +~+` ~~ `~
IDAHO
FROM: Sonya Wafters, Associate City Planner
208-884-5533
Scott Steckline, Land Development Supervisor
208-898-5500
SUBJECT: FP-11-009 -Zebulon Heights Subdivision No. 4
I. APPLICATION SUMMARY & LOCATION
The applicant, The Traditions by Amyx II, LLP, has applied for final plat approval of 12 single-family residential
building lots and 2 common area lots on 7.22 acres of land for Zebulon Heights Subdivision No. 4, the third phase
of the subdivision. The proposed subdivision is currently zoned R-4 (Medium Low Density Residential).
The proposed plat includes a 3.44 acre open space lot that serves as the central common area for Zebulon Heights
Subdivision. The common area is proposed to accommodate a swimming pool, pond, multi-use pathway, and tot
lot.
This is the third final plat proposed for development of the Zebulon Heights Subdivision No. 2 preliminary plat.
The City Engineer signed the second phase final plat (Zebulon Heights. Subdivision No. 3) on August 17, 2011.
The applicant has until August 17, 2013 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.
The property is located south of E. McMillan Road and west of N. Eagle Road, in the NE '/4 of Section 32, T. 4N.,
R. 1 E.
IL STAFF RECOMMENDATION
Staff recommends approval of the Zebulon Heights Subdivision No. 4 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. HISTORY OF PREVIOUS ACTIONS
• 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 conditional use permit/planned development (CUP-OS-019) 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 and zoning (AZ-
OS-006) of this property, recorded as Instrument No. 1 06 1 1 1 627.
• On May 2, 2006, an 18 month time extension (TE-06-005) was granted by the Director to record the first final
plat (Zebulon Heights Subdivision No. 2) and commence the use as approved with the CUP (TE-06-006).
• The Council approved the final plat (FP-06-053) for the first phase (Zebulon Heights Subdivision No. 2) on
January 9, 2007 and the City Engineer signed the plat on September 27, 2007.
• On Apri128, 2009, an 18 month time extension (TE-09-012) was approved by City Council to obtain the City
Engineer's signature on the second phase final plat (Zebulon Heights Subdivision No. 3).
• On October 26, 2010, another 18 month time extension (TE-10-023) was approved by City Council to obtain
the City Engineer's signature on the second phase final plat (Zebulon Heights Subdivision No. 3).
Zebulon Heights Sub4 FP.doc PAGE 1
EXHIBIT A
The Council approved the final plat (FP-10-005) for the second phase (Zebulon Heights Subdivision No. 3)
on July 27, 2010. The City Engineer signed the plat on August 17, 2011.
IV. SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved annexation (AZ-OS-006), development agreement (Instrument
#1 06 1 1 1 627), preliminary plat (PP-OS-008), conditional use permit/planned development (CUP-OS-019), and
time extension (TE-06-005; TE-09-012; TE-10-023) applications for this subdivision.
2. If the City Engineer's signature has not been obtained on this final plat by August 17, 2013, 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.
4. Revise the plat prepared by Clinton W. Hansen, stamped on September 19, 2011, prior to signature of the
final plat by the City Engineer, as follows:
a. Revise note #13 to include the recorded instrument number.
b. Include a note indicating that the City of Meridian is responsible for the maintenance of the pathway
surface located within the multi-use pathway easement at such time that the,~athway connects from one
mayor street to another and is gxeater than 'h mile long Until such time the homeowner's association
shall be responsible for maintenance.
c. Include the recorded instrument number for the ACHD sidewalk easement.
d. Include the recorded instrument number for the ACHD storm drainage easement.
• 1
5. The subject property shall be subdivided prior to issuance of any building permits.
6. Per the CUP/PD, a swimming pool with restroom/locker/changing areas shall be provided on Lot 1, Block 12.
A Certificate of Zoning Compliance and Design Review application shall be submitted for the swimming
pool and associated structure prior to issuance of building permits. At the October 18, 2011 City Council
meeting Council approved the plat to be signed prior to construction of the swimming pool &
restroom/locker/chaffing area without a requirement for surety to be submitted for these items.
7. The landscape plan prepared by Jensen Belts Associates, dated 9/14/11, submitted with this application is
approved.
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 ACHD and the City), per requirement of the preliminary plat.
9. 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.
10.
~~r The proposed pond shall have re-circulated water & be maintained such that it does not become
a mosquito breeding_u_round in accord with UDC 11-3B-9C.6.
11. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the
Zebulon Heights Sub4 FP.doc PAGE 2
Applicant of responsibility for compliance.
IV. GENERAL REQUIREMENTS
EXHIBIT A
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 backfill, 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 may be
required by the Environmental Protection Agency.
12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act.
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 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.
15. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-
Zebulon Heights Sub4 FP.doc PAGE 3
EXHIBIT A
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 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.
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. Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
E. Proposed Play Structure
Zebulon Heights Sub4 FP.doc PAGE 4
EXHIBIT A
Exhibit A -Vicinity Map
Zebulon Heights Sub4 FP.doc PAGE 5
EXHIBIT A
Exhibit B -Approved Preliminary Plat
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EXHIBIT A
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Zebulon Heights Sub4 FP.doc PAGE 7
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Zebulon Heights Sub4 FP.doc PAGE 8
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PAGE 9
Ex1tIBIT
NGINE~RI NG
planningand engineenng communities lorUre Iuture
alvr~vn~s~P
October 17, 2011
Mayor and City Council
City of l~Ieridian
33 East Idaho
Meridian, ID 83642
Re: Zebulon Heights Subdivision No. 4 Final Plat
File N:o. FP-11-09
Dear Mayor and Counci
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
Phone: (208) 938-0980
Fax: (208) 938-0941
E-mail: es-beckym@,gwestoffice.net
We have reviewed staff comments far the Ciry Council meeting of October 18, 2011, and have
the following responses:
SITE SPECIFIC CONDITIONS
The applicant will comply.
2. Noted.
3. The applicant will. comply.
4. The notes suggested in 4b. and 4d. are contradictory and will. be confusing. to future
owners. We suggest that the note referenced in 4b. be changed to read: "The City of
Meridian is responsible for the maintenance of the pathway surface located within the multi-use
pathway easement at such time that the pathway connects from one major street to another al~d is
greater than %Z mile long. Until such time, the homeowners' association shall be responsible for
maintena~~ce."
5. The applicant will comply.
The applicant will comply.
Noted.
C:~Documents and Settings~10 1 111 1051 7~RecsResponse.doc
., , s. F
Mayor and City Council
October 17, 20 ] 1
Page 2
8. The applicant will comply.
9. The applicant will comply.
10, The central open space, Lot 1, Block 12, has an existing pond as an amenity and is
used for pressure irrigation water storage.
11. Noted.
GENERAL REQUIREMENTS
1. The applicant will comply.
-- 2. The applicant will comply.
3. In the past, our clients have not had to bond for major private improvements such
as the pool and changing rooms. We respectfully request that bonding to obtain the
signature of the City Engineer on the final plat be limited to landscaping and
fencing and public improvements (i.e., sewer, water, streetlights, pressure irrigation
and pathways). This could be accomplished by deleting the word "amenities" from
this comment.
4. The applicant will comply.
5. The applicant will comply.
6. The applicant will comply.
7. The applicant will comply.
8.. The applicant will comply.
9. The applicant will comply.
10. The applicant will comply.
11. The applicant will comply.
12. The applicant will comply.
13.: The applicant will comply.
14. The applicant will comply.
15. The applicant will comply.
C:\Documenis and Settin~s\201 lil I0~ 171RccsResponse.doc
Mayor and City Council
October 17, 2011
Page 3
16. The letter certifying street centerline elevations was submitted with the final,plat
application.
17. The applicant will comply.
18. The applicant will comply.
Thank you for your review of this project. Please feel free to call me if you have additional
comments or questions.
Sincerely,
Engineering Solutions, LLP
~~
Becky McKay
Planner
BMss
ce: The Traditions by Amyx II, LLP
C:~Uocuments and Settings'~OI I~ (105171RecsResponse.doc