HomeMy WebLinkAboutCreekstone Subdivision Trees-H-2016-0054( �� ENIDAN�---
March 18, 2016
Ms. Penelope Riley
Riley Planning Services
P.O. Box 405
Boise, ID 83701
RE: Creekstone Subdivision (11-2016-0054)
Dear Ms. Riley:
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
Ty Palmer Anne Little Roberts
This letter is in response to your request for alternative compliance (ALT) to UDC 11-313-12C to
remove the fifteen (15) trees required along the Ten Mile Drain. In your letter, you indicate that
the landscaping along the Ten Mile Drain is encumbered by a 100 -foot wide Nampa Meridian
Irrigation District (NMID) easement. A portion of the easement (32 feet) consists of the area
between the centerline of the drain and the top of bank. The remaining 18 feet of the easement
needs to remain unobstructed so the irrigation district can perform routine maintenance on the
drain. For these reasons, the District is not allowing the installation of the trees within the
easement. Your proposal is to landscape the pathway with lawn/turf and to install the required
trees on the buildable lots, one tree per lot in the proposed final plat (32 lots), The trees will need
to be maintained by the individual homeowner and included in the CC&R's for the subdivision
as such. Per the findings below, I am approving your request for Alternative Compliance.
In reviewing the criteria for allowing the alternative compliance request, the UDC grants the
Director the authority to deviate from the landscape requirements. In order to grant approval for
alternative compliance, the director shall determine the following findings:
1. Strict adherence or application of the requirements is not feasible; OR
NMID has jurisdiction over the easement and will not allow the planting of the fifteen
(15) trees. The easement must remain unobstructed for routine maintenance of the drain
by NMID; strict adherence to the pathway landscape standards is not feasible.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds that placing one (1) tree per lot (32 trees total) in substitution of the 15
trees to be removed along the Ten Mile Drain provides an equal means of meeting the
landscape requirements.
�E IDIAN:---
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
Ty Palmer Anne Little Roberts
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
Staff finds that the proposed alternative will not be detrimental to the public welfare or
impair the use/character of the surrounding properties since the required landscaping is
being provided with the development and the area is being unobstructed for the upkeep of
the drain.
The applicant, Director, or a party of record may request City Council review of a decision of the
Director. All requests for review shall be filed in writing with the Planning Division of the
Community Development Department on or before April 2, 2016, within fifteen (15) days after
the written decision is issued, and contain the information listed in UDC 11 -5A -6B.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
Thank you for contributing to the success of Meridian. Please help us serve you better in the
future. Visit our web -site at www.meridiancity.orPlannin / to fill out a comment card and give
us feedback on how we are doing.
If you should have any questions regarding his matter, please don't hesitate to call me at 884-
5533.
Since ely,
Oaleb ood, AICP
Planning Division Manager
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