Zebulon Heights Subdivision No. 5 FP-12-004BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
APPROVAL OF ZEBULON
HEIGHTS SUBDIVISION NO. S
CONSISTNG OF 39 SINGLE-
FAMILY RESIDENTIAL
BUILDING LOTS AND 3 COMMON
AREA LOTS ON 14.39 ACRES OF
LAND IN AN R-4 ZONING
DISTRICT
BY: THE TRADITIONS BY AMYX
II, LLP
APPLICANT
HEARING DATE: APRIL 17, 2012
CASE NO. FP-12-004
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 17, 2012 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.
5, LOCATED IN THE NE'/4 OF SECTION 32, T.4N., R.IE., B.M., MERIDIAN,
ADA COUNTY, IDAHO, 2012, HANDWRITTEN DATE: 3/21/12, CLINTON
W. HANSEN, PLS, SHEET 1 OF 2," is conditionally approved subject to those
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ZEBULON HEIGHTS SUBDIVISION NO. 5 (FP-12-004)
Page 1 of 3
conditions of Staff as set forth in the staff report to the Mayor and City Council
from the Planning Department and Development Services divisions of the
Community Development Department dated April 17, 2012, a true and correct
copy of which is attached hereto marked "Exhibit A" and by this reference
incorporated herein, and the response letter from the Applicant's representative,
Becky McKay, Engineering Solutions, LLP, 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ZEBULON HEIGHTS SUBDNISION NO. 5 (FP-12-004)
Page 2 of 3
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 maybe 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.
/`~
day of
By action of the City Council at its regular meeting held on the
2012.
By~
o~~,~~n A U~~sr
Attest: GQ~ ?j9
~ ~~
cl~ ~
E IA.N~
iDAHO
ee H 1 an ~~ SEAL ~wti
Cit Clerk ~~~~ ® ~4~~
y f rb r TAE AS
L
Tammy de d
Mayor, C' y Meridian
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
B . Dated: ~.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ZEBULON HEIGHTS SUBDNISION NO.S (FP-12-004)
Page 3 of 3
EXHIBIT A
STAFF REPORT: Meeting Date: April 17, 2012
TO: Mayor & City Council E IDIAN~--
IDAHO
FROM: Sonya Wafters, Associate City Planner
208-884-5533
Scott Steckline, Land Development Supervisor
208-898-5500
SUBJECT: FP-12-004 -Zebulon Heights Subdivision No. 5
I. APPLICATION SUMMARY & LOCATION
The applicant, The Traditions by Amyx II, LLP, has applied for final plat approval of 39 single-family residential
building lots and 3 common area lots on 14.39 acres of land for Zebulon Heights Subdivision No. 5. The proposed
subdivision is currently zoned R-4 (Medium Low Density Residential). The proposed density plat includes 0.75 of
an acre of open space which consists of two (2) 20-foot wide common lots along N. Lindwood Way and a larger
common area that contains an ACHD stormwater drainage easement. A section of the City's multi-use pathway
system runs through this phase. The gross density of the final plat is 2.71 dwelling units per acre, with a net
density of 3.31 dwelling units per acre.
This is the fourth final plat proposed within the City for development of the Zebulon Heights Subdivision No. 2
preliminary plat; the first phase lies outside of the Area of City Impact. The City Engineer signed the second 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 a subsequent 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 there to
be two (2) fewer building lots than shown on the preliminary plat. Because the number of buildable lots is fewer
and the amount of common open space has not decreased, staff finds the proposed plat to be in substantial
compliance with the approved preliminary plat as required by UDC11-6B-3C.2.
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.
II. STAFF RECOMMENDATION
Staff recommends approval of the Zebulon Heights Subdivision No. 5 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. 106111627.
• 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.
Zebulon Heights Subs FP-12-004.doc PAGE 1
EXHIBIT A
• 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).
• 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
#106111627), 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 a 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 March 21, 2012, prior to signature of the final
plat by the City Engineer, as follows:
a. Revise notes 14-17 to include recorded instrument numbers.
5. The subject property shall be subdivided prior to issuance of any building permits.
6. A public pedestrian easement for the multi-use pathway shall be submitted to the City for approval by City
Council prior to signature on the final plat by the City Engineer. Coordinate language in the easement with
the City Attorney's office.
7. The landscape plan prepared by Jensen Belts Associates, dated 3/21/12, submitted with this application is
approved.
8. 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.
9. 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
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.
10. 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.
Zebulon Heights Subs FP-12-004.doc PAGE 2
EXHIBIT A
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be
required by the Army Corps of Engineers.
9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be
required by the Environmental Protection Agency.
10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act.
11. 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.
12. 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.
13. 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.
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 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.
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. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of
the total construction cost for all incomplete sewer, water and reuse 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 surety can be
Zebulon Heights Subs FP-12-004.doc PAGE 3
EXHIBIT A
posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development
Service for more information at 887-2211.
18. 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, water and reuse infrastructure for duration of two ,~. This
surety will be verified by a line item cost estimate 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. Please contact Land Development Service
for more information at 887-2211.
19. A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life
safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the final plat.
20. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian
Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at
developer's expense. Final design shall be submitted to the Public Works Department for approved. The
street light contractor shall obtain the approved design on file and an electrical permit from the Public Works
Department prior to commencing installations. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
V. EXHIIBITS
A. Vicinity/Zoning Map
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
E. Proposed Play Structure
Zebulon Heights Subs FP-12-004.doc PAGE 4
EXHIBIT A
Exhibit A -Vicinity/Zoning Map
Zebulon Heights Subs FP-12-004.doc PAGE 5
EXHIBIT A
Exhibit B -Approved Preliminary Plat
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Zebulon Heights Subs FP-12-004.doc PAGE 7
EXHIBIT A
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Zebulon Heights Subs FP-12-004.doc PAGE 9
5 f 166 /LNITr1iMT
EXHIBIT B
NG/NEER/NG
planning and engineering communities for the future
OLUTIONSLLP
April 12, 2012
Mayor and City Council
City of Meridian
33 East Idaho
Meridian, ID 83642
Re: Zebulon Heights Subdivision No. 5 Final Plat
File No. FP-12-004
Dear Mayor and Council:
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 for the City Council meeting of April 17, 2012, and have the
following responses:
SITE SPECIFIC CONDITIONS
1. The applicant will comply.
2. Noted.
3. The applicant will comply.
4. The applicant will comply.
5. The applicant will comply.
6. The applicant will comply.
7. Noted.
8. The applicant will comply.
9. The applicant will comply.
C:\Users\mhill\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LSXSRAIC\Zebulon Heights Sub Exhibit B.doc
Mayor and City Council
April 12, 2012
Page 2
10. Noted.
C:\Users\mhill\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LSXSRAIC\Zebulon Heights Sub Exhibit B.doc
Mayor and City Council
April 12, 2012
Page 3
GENERAL REQUIREMENTS
1. The applicant will comply.
2. The applicant will comply.
3. The applicant will comply.
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 letter certifying street centerline elevations was submitted with the final plat
application.
15. The applicant will comply.
16. The applicant will comply.
17. The applicant will comply.
18. The applicant will comply.
19. The applicant will comply.
20. The applicant will comply.
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Mayor and City Council
April 12, 2012
Page 4
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
BM:ss
cc: The Traditions by Amyx II, LLP
C:\Users\mhill\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LSXSRAIC\Zebulon Heights Sub Exhibit B.doc