Creason Creek AZ 15-009ADA COUNTY RECORDER Christopher D. Rich 2016-019362
BOISE IDAHO Pgs=38 VICTORIA BAILEY 03/0912016 09:18 AM
MERIDIAN CITY NO FEE
11 ((I'I'II111I'II 1 II'I I II
00201239201600193620380381
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. CS2, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of �--i arrc z�a , 1 lQ 2615�, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and CS2, LLC, whose address is 8921 W. Hackamore Drive, Meridian, Idaho
83646, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for the
Annexation and Zoning of 16.08 acres of land with an R-8 (Medium -High
Density Residential) zoning district (as described in Exhibit "A"), under the
Unified Development Code, which generally describes how the Property will
be developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
DEVELOPMENT AGREEMENT — CREASON CREEK AZ 15-009 PAGE 1 OF 8
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 21" day of October, 2015, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to CS2, LLC, whose address is
8921 W. Hackamore Drive, Meridian, Idaho 83646, the party that is
developing said Property and shall include any subsequent
owner/developer(s) of the Property.
DEVELOPMENT AGREEMENT - CREASON CREEK AZ 15-009 PAGE 2 OF 8
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A" and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Development of this property shall substantially comply with the preliminary plat,
landscape plan and the conceptual residential building elevations shown in Exhibit C of
this Agreement.
b. The owner/developer shall provide a minimum of 4.56 acres of common open space and
the following amenities as shown on the landscape plan: 5 -foot walking paths, a dog park,
covered picnic area, playground equipment, a 10 -foot multi use pathway and several
pedestrian bridges as proposed. The owner/developer shall provide commercial grade
play structure, benches, and picnic tables as part of the development.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
DEVELOPMENT AGREEMENT - CREASON CREEK AZ 15-009 PAGE 3 OF 8
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT - CREASON CREEK AZ 15-009 PAGE 4 OF 8
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY: with copy to:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
CS2, LLC
8921 W. Hackamore Drive
Meridian, ID 83646
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
DEVELop mENT AGREEMENT - CREASON CREEK AZ 15-009 PAGE 5 OF 8
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A, B and C follow]
DEVELOPMENT AGREEMENT - CREASON CREEK AZ 15-009 PAGE 6 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
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ATTEST:
Jayce . Holman, City Clerk
CITY OF
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DEVELOPMENT AGREEMENT — CREASON CREEK AZ 15-009 PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this day of Ak, 2016, bore me, the undersigned, a Notary Public in and
for said State, personally appeared ,r" , known or identified to me
to be the "f CS2, LLC, and acknowledged to me that he executed the same
on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixedy official seal the day
and year in this certificate first above written.
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STATE OF IDAHO )
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County of Ada )
On this 1��i�y f a� _, 2016, before me, a Notary Public,
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personally appeared and Jaycee L. Holman, know or identified to me to be the
Qct' n�Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
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DEVELOPMENT AGREEMENT — CREASON CREEK AZ 15-009 PAGE 8 OF 8
EXHIBIT A
Legal Description & Exhibit Map
Legal Jescrjplifl
Creason Creek Subdivision - Annexation
A parcel located in Government Lot 4 of Section 1, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing ata Brass Cap monument marking the northwest comer of said Government Lot 4,
from which a Brass Cap monument marking the southwest comer of Government Let .$ of said
Section 1 bears 5 0'01'03" E a distance of 2669.19 feet;
Thence S 0°01'03" E along the westerly boundary of said Government Lott a distanoo of 883,13
feet to the POINT OF BEGINNING;
Thence leaving Bald westarly boundary S 86°59'35' E a distance of 655.09 feet to a point;
Thence N 0°00'54" E. a distance of 679.92 feet to u point on the northerly boundary of said
Govemment Lot 4;
Thence S 88°43'02" E along said northerly boundary a distance of 321.49 feet to a point on the
extension of the westerly boundary of Southwick Subdivislon as shown in Book 101 of Plats on
Pages 13213 thru 13217, records of Ada County, Idaho;
Thence S 0°40'08" W along said westerly boundary and the extension thereof a distance of
'1366.82 feet to a point on the northerly boundary of Meridian Park Subdivision No. 7 as shown In
Book 47 of Plats on Pages 3858 and 3857, records of Ada County, Idaho;
Thence N 89'17'58' W along said northerly boundary a distance of 183,88 feet to a point;
Thence continuing along said boundary and the easterly boundary of Sheri Lynn Subdivision as
shown in Book 40 of Plats. on Pages 3891 and 3892, records of Ada County, Idaho, N 0140'12" E
a distance of 226.77 feet to a point marking the northeast corner of said Sheri Lynn Subdivision;
Thence N 89'06313"W along the northerly boundary of said Short Lynn Subdivision a distance of
789.47 feat to a point on -the westerly boundary of said Government Lot 4;
Thence N 0'01'03" W along said westerly boundary a distance of 455.42 feet to the POiNT OF
BEGINNING.
This parcel contains 16.06 acres and is subject to any easements existing or in use.
A HD
Clinton W. Hanson, PLS
Land Solutions, PC o
June 19, 2015
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CITY OF MERIDIAN � 1�jC11 V ��'�'
FINDINGS OF FACT, CONCLUSIONS OF LAW j I 1 �J r -
AND 13 ,
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 16.08 Acres of Land with an R-8 Zoning
District; and Preliminary Plat Consisting of Fifty -One (51) Building Lots and Eight (8) Common
Lots on 15.75 Acres of Land for Creason Creek Subdivision, Located near the southeast corner of
N. Linder Road and W. Ustick Road (parcel #51201223045, #51201223065, #51201223150, and
#S1201223200), by CS2, LLC.
Case No(s). AZ -15-009; PP -15-014 and ALT -15-020
For the City Council Hearing Date of: October 6, 2015 (Findings on October 20, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 6, 2015 incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 6, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 6, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 6, 2015, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-009; PP -15-014 and ALT -15-020
-1-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-15-009; PP-15-014 and ALT-15-020
- 2 -
6. That the City has granted an order of approval of the annexation and zoning request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of August 20, 2015 incorporated by reference.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation and zoning was approved with an R-4 zoning district
with the requirement of a Development Agreement with the provisions noted in the Staff
Report for the hearing date of October 6, 2015, attached as Exhibit A.
2. The applicant’s request for a preliminary plat is hereby approved based on the findings in the
Staff Report for the hearing date of October 6, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-5B-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-5B-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to 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.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
F. Attached: Staff Report for the hearing date of September 22, 2015
7"
By action of the City Council at its regular meeting held on the day of ,
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED_1jL"--
COUNCIL MEMBER DAVID ZAREMBA VOTED byx
_�dl—
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER LUKE CAVENER
VOTED-11,6-
OTED10,6-COUNCIL
COUNCILMEMBER GENESIS MILAM
VOTED
MAYOR TAMMY de WEERD
VOTED
(TIE BREAKER)
Mayor T de Weerd
Attest. OF\D\XXfED AUC,4S
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City of
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Jaycee olman SEAL
City Clerk
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Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
B-. Dated:
City' ler , s rc
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-009; PP -15-014 and ALT -15-020
-3-
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 1
STAFF REPORT
HEARING DATE: September 22, 2015
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bill Parsons, Planning Supervisor
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Creason Creek - AZ 15-009, PP 15-014 and ALT-15-020
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, CS2, LLC, has submitted an application for the following:
1) Annexation of 16.08 acres of land from RUT zoning district to the R-8 (Medium high-density
Residential) zoning district;
2) A preliminary plat consisting of fifty one (51) single-family residential lots and eight (8) common lots on
approximately 15.75 acres of land; and
3) Alternative compliance to deviate from the landscape standards set forth in UDC 11-3B-7C.
(See Section VII and IX for more information)
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PP and ALT applications based on the Findings of Fact and
Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning & Zoning Commission heard
these items on August 20, 2015. At the public hearing, the Commission moved to recommend approval of
the subject AZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Bob Unger
ii. In opposition: Robin Brooks, Jan Nettleton
iii. Neutral: None
iv. Commenting: Randall Birch, Michael Buckius
v. No opinion: Stephanie Hale, Lynette King, Pegge Trelford, Tom Trelford, Dorothy Olsen,
Dave Nettleton, Carol Mattson, Morris Mattson
vi. Written testimony: Robin Brooks, Wilfred Sindon
vii. Staff presenting application: Josh Beach
viii. Other staff commenting on application: Bill Parsons
b. Key Issue(s) of Discussion by Commission:
i. The pressurized irrigation system proposed for the subdivision.
ii. Quality of the amenities within the subdivision.
iii. Construction of the temporary turnaround on the adjacent property to the north. .
iv. Orientation of homes on Lots 13-15, Block 1.
c. Key Commission Change(s) to Staff Recommendation:
i. Include in the DA that the applicant provide commercial grade play structure, benches, and
picnic tables within the development (See condition 1.1.1C).
ii. The Commission reaffirmed that the elevations be part of the recodrded development
agreement as proposed in DA provision 1.1.1a.
d. Outstanding Issue(s) for City Council:
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 2
i. The applicant is seeking a Council waiver to leave the Creason Lateral open. Six (6’) foot tall
wrought iron fencing is proposed along a portion of the lateral that is outside of the floodway.
The Meridian City Council heard these items on September 22, and October 6, 2015. At the public
hearing, the Council approved the subject RZ and PP request.
a. Summary of City Council Public Hearing:
i. In favor: Bob Unger
ii. In opposition: Dorothy Olsen
iii. Neutral: Joe Semanich
iv. Commenting: Justin Lucas
v. Written testimony: Wilfred Sindon
vi. Staff presenting application: Josh Beach
vii. Other staff commenting on application: David Jones, Warren Stewart
b. Key Issues of Discussion by Council:
i. Safety of the Creason Lateral if it is to remain open, and the possibility of tiling it.
ii. The possibility of fencing the Creason Lateral because it is in the floodway.
iii. Common driveways and providing sufficient parking for the development.
iv. The ability of the fire department to serve the two 150’ common driveways.
v. Traffic, and the difficulty in accessing 12 th Drive from Ustick Road.
vi. The multi-use pathway along the Creason Lateral and what it will connect with in the future.
c. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-15-009, PP-
15-014 and ALT-15-020 (optional) as presented during the hearing on September 22, 2015, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-15-009, PP-15-
014 and ALT-15-020 (optional) as presented during the hearing on September 22, 2015, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers AZ-15-009, PP-15-014 and ALT-15-020 (optional) to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location (parcel #S1201223045, #S1201223065, #S1201223150, and #S1201223200):
The subject property is located near the southeast corner of N. Linder Road and W. Ustick Road in
Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho.
B. Applicant:
Cory Swain, CS2, LLC
8921 W. Hackamore Drive
Meridian, Idaho 83646
C. Representative:
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 3
Bob Unger, ULC Management, LLC
6104 N. Gary Lane
Boise, Idaho 83714
D. Owner(s):
James Kellogg Mary Sturm and Charles Kellogg
5940 3 rd Avenue 5780 HWY 95
Nampa, ID 83686 Fruitland, ID 83619
E. Applicant's Statement: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject applications are for annexation, preliminary plat and alternative compliance. A public
hearing is required before the Planning and Zoning Commission and City Council on the annexation and
preliminary plat, and the Director is the decision maker on the alternative compliance request, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 3, and August 17, 2015 (Commission); August 31, and
September 14, 2015 (Council);
C. Radius notices mailed to properties within 300 feet on: July 23, 2015 (Commission); August 27, 2015
(Council)
D. Applicant posted notice on site by: August 11, 2015 (Commission); September 11, 2015 (Council)
VI. LAND USE
A. Existing Land Use(s): There is an existing structure on the property that will be demolished as part of the
proposed subdivision.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: County residence and undeveloped vacant property, zoned RUT in Ada County
South: Sheri Lynn Subdivision and Meridian Park Subdivision No.1, zoned R-4
East: Southwick Subdivision, zoned R-4
West: County residence and Tumble Creek Subdivision, zoned RUT and R-4
C. History of Previous Actions: None
D. Utilities:
a) Location of sewer: This development will connect to the existing sanitary sewer main along the
west boundary of the development.
b) Location of water: This development will connect to existing water mains in the existing stub streets
along the east boundary.
c) Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: Both the Five Mile Creek and the Creason Lateral transverse the subject
property.
2. Hazards: A majority of the property is encumbered by the floodway and flood plain and the Five
Mile Creek and the Creason Lateral are proposed to remain open waterways.
3. Flood Plain: This property is located in the Meridian Floodplain Overlay District and development
of this site must comply with the City’s flood plain ordinance (Title 10, Chapter 6).
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 4
VII. COMPREHENSIVE PLAN ANALYSIS
This property is designated Medium Density Residential (MDR) and Civic (C) on the Comprehensive Plan
Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within
City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre. The
Civic designation allows for public lands, law enforcement facilities, post offices, fire stations, cemeteries,
public utility sites, public parks, public schools and other government owned sites.
The proposed preliminary plat includes fifty one (51) single-family residential lots and eight (8) common
lots on approximately 15.75 acres. The overall gross density of the project is 3.24 dwelling units to the acre.
Staff finds that the proposed development is consistent with the MDR and Civic land use designations and
the UDC density requirements of the proposed R-8 zoning district. Although the applicant has not proposed
a public use as part of the proposed development, the adjacent property on the corner is designated as Mixed-
use Community which is envisioned to development with a minimum of three (3) types of uses which may
develop with a public use.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics ):
• “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The plan as submitted depicts the extension of local street (W. Pebblestone Drive and W. Lowry Street )
and no access is proposed or approved via W. Ustick Road or N. Linder Road in accord with UDC 11-
3A-3. All future homes are prosed to take access from local streets. The existing structure takes access
from W. Ustick Road, and this access will be removed as part of the proposed subdivision.
• “Review new development for appropriate opportunities to connect local roads and collectors to adjacent
properties (stub streets).” (3.03.02O)
As mentioned above, the applicant is proposing to extend several stub streets with the proposed
development. The applicant is proposing to stub W. Pebblestone Drive to the parcel on the corner of W.
Ustick and N. Linder Road; W. Lowry Street is proposed to connect to W. Pebblestone Drive via NW 13 th
St. and NW 14 th Street is also proposed to stub the property located on the corner of W. Ustick and N.
Linder Roads for future connectivity.
• “Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City.” (3.01.01F)
City services are readily available to serve the proposed development in accord with UDC 11-3A-21.
• “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low
walls, berms, etc.).” (3.06.02F)
A 25-foot wide street buffer is required along W. Ustick and N. Linder Roads, designated as arterial
streets in accord with UDC 11-3B-7C. The Ustick Road landscape buffer appears to comply with the
UDC standards. The applicant is seeking alternative compliance to the street buffer standards for the
buffer along the Linder Road frontage due to its location within the floodway. The applicant’s proposal
includes planting the trees outside of the floodway and providing a natural fescue seed mix to the
floodway. The Creason Creek homeowner’s association will be responsible for the maintenance of the
landscaping in accord with UDC 1-3B-72.a.
• “Require useable open space to be incorporated into new residential subdivision plats.” (3.07.02A)
The applicant is proposing 4.56 acres of open space as part of the development which consists of a dog
park, covered picnic area, playground equipment, picnic tables, benches and a nature park. The
proposed open space is excess of the UDC requirements due to the several waterways and the
limitations imposed by the floodway designation.
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 5
• “Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity.” (3.07.02C)
The proposed development will incorporate walking paths throughout the proposed development. The
paths would connect the proposed subdivision to the existing residential subdivisions to the south and
east and would provide the opportunity to connect to the potential commercial subdivision to the west
once it is developed.
• “Require street connections between subdivisions at regular intervals to enhance connectivity and better
traffic flow. (3.03.03C)
The submitted preliminary plat proposes to extend a public stub street (W. Lowry Street) from Southwick
Subdivision to the west. To mitigate traffic concerns with the adjacent residential subdivision to the west,
staff has recommended the applicant incorporate a traffic calming measure in to the street design on NW
13 th Street.
• “Require pedestrian access connectors in all new development to link subdivisions together to promote
neighborhood connectivity as part of a community pathway system.” (3.03.03B)
A segment of the City’s multi-use pathway runs parallel to the Creason Lateral. To enhance pedestrian
connectivity with the adjacent development, the applicant is proposing to construct a 5-foot wide
sidewalk that runs through the proposed nature park and then connects to the properties north and south
of the proposed development. The applicant will have to provide a 14 foot easement along the Creason
Lateral prior to the submittal of a final plat application.
• “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson
and Evans drainages) throughout commercial, industrial and residential areas.” (5.01.01E)
The Five Mile Creek runs along the west boundary and must remain open and protected during
construction of the proposed development and the Creason Lateral runs southeast through the proposed
development. The Comprehensive Plan requires that the creek remain as an open waterway and the
applicant has also requested that the Creason Lateral remain open due to the size of the facility. To
maintain public safety the applicant is proposing wrought iron fencing along the Creason Lateral.
Because a portion of these waterways are located within the floodway, fencing is prohibited from being
constructed within this area.
Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive
Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
Purpose Statement of the Residential Districts (R-8): The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited
use is prohibited. The proposed single family detached dwellings are principally permitted in the R-8
zoning district.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in
UDC 11-2A-6 for the R-8 zoning district.
D. Landscape Standards:
1. A 25-foot wide landscape buffer is required adjacent to W. Ustick and N. Linder Roads in accord
with UDC Table 11-2A-6. The landscape buffers must comply with the standards set forth in UDC
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 6
11-3B-7C. The applicant has submitted a concurrent alternative compliance application to deviate
from this requirement. (See analysis below.)
2. The proposed pathway shall comply with the design standards in accord with UDC 11-3A-8.
3. Common open space and site amenities are required to be provided on the site in accord with the
requirements listed in 11-3-G-3A and 11-3G-3B.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision
design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-family
dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION (AZ): The applicant has applied for annexation and zoning of 16.08 acres of land with R-
8 zoning district (see Exhibit A.2). As discussed above in Section VII, staff believes the proposed zoning
is consistent with the policies in the Comprehensive Plan as noted.
The applicant proposes to develop 51 new single-family residential detached homes on 15.75 acres of
land as shown on the preliminary plat included in Exhibit A.3.
The legal description submitted with the application, included in Exhibit C, shows the boundaries of the
property proposed to be annexed. The property is contiguous to land that has been annexed into the City
and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application,
staff recommends a DA as a provision of annexation with the provisions included in Exhibit B.
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of fifty one (51) single-family
residential lots, and eight (8) common lots on approximately 15.75 acres of land in the proposed R-8
(Medium high-density Residential) zoning district.
The gross density of the development is proposed at 3.24 dwelling units per acre consistent with the
FLUM designation of MDR. As noted above, a civic use is proposed with this development but staff
believes the underdeveloped property adjacent to the intersection has the potential to develop with a mix
of uses as it designated Mixed-use Community on the FLUM.
Dimensional Standards: The proposed plat is required to comply with the dimensional standards of the
R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found the plat
to comply with the minimum street frontage and lot size requirements of the applicable district.
Block Length: The length of NW 13 th St. exceeds the 750 foot maximum block length set forth in UDC
11-6C-3F. At the time Southwick Subdivision was approved the applicant received approval for a longer
block length and pedestrian connectivity was not required. To mitigate the block length, staff is requiring
the applicant to install traffic calming measures on NW 13 th St. in coordination with ACHD.
Existing Structures: There is an existing home on the site that is required to be removed prior to
signature on the final plat by the City Engineer. Access should also be vacated at the same time.
Access: Access to the site is via the extensions of W. Lowry and W. Pebblestone Drive, both from the
east (Southwick Subdivision). The future homes constructed within the subdivision will take access from
local streets in accord with UDC 11-3A-3. The proposed stub streets are as follows:
1) W. Pebblestone Drive,
2) NW 14 th Street.
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 7
Direct lot access to N. Linder Road and W. Ustick Road is prohibited. Staff is supportive of the public
street access proposed for the development.
Common Drives: The applicant is proposing Lots 12-17, Block 4, and Lots 13-15, Block 1 to take
access from common driveways. With final plat submittal, the applicant must provide an exhibit that
depicts the building envelope, setbacks and orientation of the lots and structures. Staff has concerns with
how a home will be oriented on Lot 13, Block 1. Prior to the Commission hearing, the applicant
should provide an exhibit that depicts the orientation of the homes for Lots 13-15, Block 1.
Per UDC 11-6C-3C, a perpetual ingress/egress easement shall 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. Additionally, the common driveways must be owned and maintained by the homeowners
association.
Landscaping and Alternative Compliance (ALT): A 25-foot wide street buffer is required along N.
Linder and W. Ustick Roads, per UDC Table 11-2A-6. The Ustick Road street buffer appears to comply
with the landscape standards set forth in UDC 11-3B-7C. Due the Five Mile Creek and the floodway
designation, the applicant is limited to the amount of landscaping that may be installed in this area along
Linder Road. In discussions with the Flood Plain Administer, trees and fencing are prohibited from being
placed in this area. The applicant has requested alternative compliance for the 25-foot wide landscape
buffer along N. Linder Road. The applicant is requesting to leave this area in a natural state by
landscaping it with fescue grass; other improvements include a 5-foot side walk and a 5-foot wide
walking path. The proposed improvements are allowed to be located within the floodway. The required
trees will be planted on the east side of the Creason Lateral adjacent to a grove of mature trees. Staff is
supportive of the proposed improvements within the floodway however; this area (common lot) must be
vegetated, irrigated and maintained by the Creason Creek Homeowner’s Association in accord with
UDC 11-3B-7C2.a.
Any existing trees that are to be removed from the site with the development will need to be coordinated
through the City Arborist Elroy Huff at (208) 489-1553.
Common Open Space & Site Amenities: All new single-family developments 5 acres in size or greater
are required to provide open space and site amenities in accord with the standards listed in UDC 11-3G-
3. The development is 15.75 acres in size, therefore a minimum of 1.57 acres is required to be provided
and one (1) amenity. The applicant is proposing 4.56 acres of open space as part of the development
which consists of a dog park, covered picnic area, playground equipment, picnic tables, benches, a
nature park and several pedestrian bridges. The proposed open space is excess of the UDC requirements
due to the several waterways and the limitations imposed by the floodway designation. Staff is
supportive of the proposed open space and amenity package for the development. Prior to the
Commission hearing, the applicant should provide details of the proposed amenities for
Commission’s consideration.
Fencing: The applicant is proposing 6-foot tall wrought iron fencing along the entire length of the
Creason Lateral that traverses through the proposed development. No other fencing has been proposed
subdivision. Some of the proposed wrought iron fencing is located within the floodway. With the final
plat application, the applicant shall provide a detailed fence plan and eliminate the wrought iron
fencing from encroaching within the floodway.
Sidewalks: UDC 11-3A-17 requires detached sidewalks to be constructed along all arterial streets. A 5-
foot wide detached sidewalk is required along W. Ustick Road and N. Linder Road in accord with the
UDC. All internal streets will have 5-foot wide attached sidewalk.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water. The applicant should be required to utilize any existing surface or well water
for the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will be
responsible for the payment of assessments for the common areas prior to signature on the final plat by
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 8
the City Engineer. An underground, pressurized irrigation system should be installed to all landscape
areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28.
Pathways: Per the Meridian Pathways Master Plan and UDC 11-3A-7, the applicant is required to
construct a ten foot (10’) multi-use pathway along the east boundary of the Creason Lateral. The
applicant has included the 10-foot pathway on the submitted landscape plan as well as a pedestrian
bridge that will cross the Creason Lateral to access the nature park located on Lot 16, Block 1. The
applicant is also proposing to construct five foot (5’) pathways through the proposed nature park that
will stub to the properties north and south of the proposed development.
Flood Plain: The subject property is located with both the floodway and the flood plain. Per UDC 10-6-
4, the applicant is required to submit a floodplain permit application, including hydraulic and hydrologic
analysis prior to development occurring within the floodplain overlay district.
Ditches, Laterals, and Canals: The Creason Lateral and the Five Mile Creek transverse the property.
Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and
waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be
covered. The applicant is seeking a waiver from Council to allow the Creason Lateral to remain un-tiled
due to the size of the facility as allowed under UDC 11-3A-6A3.b. The Five Mile Creek will remain
open because it is a natural waterway.
Building Elevations: Conceptual building elevations were submitted for the single family homes as
shown in Exhibit A.6. Staff is supportive of the proposed design features portrayed with the elevations.
Design features include a mixture of wood and brick siding, stone wainscot, covered front porches,
decorative columns, pop-outs, decorative corbels, window trim and varying roof planes.
Future single family detached homes constructed within the subdivision must comply with the elevations
attached in Exhibit A.6.
Because homes on lots that back up to W. Ustick Road (Lots 2-6, Block 3) will be highly visible;
staff recommends that the side of any structure that faces the public street on these lots,
incorporate articulation through changes in materials, color, modulation, and architectural
elements (horizontal and vertical) to break up monotonous wall planes and roof lines.
Staff recommends approval of the subject applications with the recommended conditions of approval in
Exhibit B per the Findings in Exhibit D.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Legal Description and Exhibit Map
3. Proposed Preliminary Plat (dated: 08/07/15)
4. Proposed Landscape Plan (dated: 07/20/15)
5. Conceptual Building Elevations
B. Agency and Department Comments/Conditions
C. Required Findings from Unified Development Code
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 9
Exhibit A.1: Vicinity Map
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 10
Exhibit A.2: Legal Description & Exhibit Map
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 11
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 12
Exhibit A.3: Proposed Preliminary Plat (dated: 08/07/15)(Revised)
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 13
Exhibit A.4: Proposed Landscape Plan (dated 07/20/15)
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 14
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 15
Exhibit A.5: Proposed Building Elevations
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 16
B. Agency and Department Comments/Conditions
1. PLANNING DIVISION
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the
annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the
following provisions:
a. Development of this site shall substantially comply with the preliminary plat, landscape plan and
the conceptual residential building elevations shown in Exhibit A. A copy of said elevations shall
be included as an exhibit in the DA.
b. The applicant shall provide a minimum of 4.56 acres of common open space and the following
amenities on as shown on the landscape plan: 5-foot walking paths, a dog park, covered picnic
area, playground equipment, a 10-foot multi-use pathway and several pedestrian bridges as
proposed. Details of the proposed amenities shall be provided prior to the Commission hearing
The applicant shall provide commercial grade play structure, benches, and picnic tables as
part of the development.
1.2 Site Specific Conditions of Approval
1.2.1 The preliminary plat included in Exhibit A.3, dated August 7, 2015, shall include the following:
a. Prior to signature on the final plat, the applicant shall remove the existing curb cut providing access to
the existing structure on W. Ustick Road in accord with ACHD standards.
b. Direct lot access to Ustick and Linder Roads is prohibited.
c. Prior to the Commission hearing, the applicant should provide an exhibit that depicts the orientation
of the homes on Lots 13-15, Block 1.
d. The applicant shall construct NW 13 th Street with a passive traffic calming design element (such as
bulb-outs or chokers) in accord with ACHD and the Fire Department standards.
1.2.2 The landscape plan included in Exhibit A.4, dated July 20, 2015, shall include the following:
a. All street buffers and common open space shall be maintained by an owner's association as set forth
in UDC 11-3B-7C2b.
b. The developer shall construct and maintain a ten (10) foot wide multi-use pathway adjacent to the
east side of the Creason Lateral as per the Meridian Pathways Master Plan. Lot 12, Block1 shall be
designed and constructed in accord with UDC 11-3A-8 and UDC 11-3B-12. The developer shall
provide a minimum fourteen (14) foot wide recreational pathway easement covering the pathway
route for City Council approval and recordation. Depict 4-foot tall bollard lighting, or other
appropriate lighting source, along all pathways through common areas that are not visible from a
public street as set forth in UDC 11-3A-8H.
c. The applicant shall provide a minimum of 4.56 acres of open space and four (4) amenities on as
shown on the landscape plan including which consists of a dog park, covered picnic area, playground
equipment, picnic tables, benches, a nature park, a 10-foot multi-use pathway and several pedestrian
bridges as proposed. Details of the proposed amenities shall be provided prior to the Commission
hearing.
d. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy
Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 17
to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted
on the plan.
e. With the final plat application, the applicant shall provide a detailed fence plan and eliminate the
wrought iron fencing from encroaching within the floodway. The applicant shall construct 6-foot tall
wrought iron fencing on both sides of the Creason Lateral, outside of the floodway. All fencing
within the proposed subdivision shall comply with UDC 11-3A-7 and 11-3A-6B.
f. The applicant shall construct a 25-foot wide landscape buffer adjacent to W. Ustick Road in accord
with UDC 11-3B-7C.
1.2.3 The existing structure shall be removed prior to City Engineer signature on the final plat. A demolition
permit shall be procured from the Building Division.
1.2.4 The applicant’s alternative compliance request for landscaping the area within the floodway with fescue
seed and to provide additional trees along the Creason Lateral is approved; the landscaping shall be
installed as proposed.
1.2.5 The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in order for the Creason
Lateral to remain open and not be piped due to the large capacity of the facility. If a waiver is not
obtained, the waterway is required to be piped.
1.2.6 The rear or sides of structures on lots that face W. Ustick Road shall incorporate articulation through
changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up
monotonous wall planes and roof lines.
1.2.7 The applicant is proposing Lots 12-17, Block 4, and Lots 13-15, Block 1 to take access from common
driveways. An exhibit depicting the setbacks, building envelope and orientation of lots and structures
shall be submitted a future final plat application. Include note on the final plat that addresses access
across the lots and the responsible party for maintenance of the common driveway.
1.3 General Conditions of Approval
1.3.1 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and
constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3.
1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15,
UDC 11-3B-6 and MCC 9-1-28.
1.3.3 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.3.4 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the
standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-
3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.5 All common open space and site amenities shall be maintained by an owner's association as set forth in
UDC 11-3G-3F1.
1.3.6 The project is subject to all current City of Meridian ordinances and previous conditions of approval
associated with this site. Staff’s failure to cite specific ordinance provisions does not relieve the
applicant of responsibility for compliance.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
1.3.8 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.9 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in
UDC 11-3A-11.
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 18
1.3.10 Provide temporary fencing around the perimeter of the site to contain debris during construction prior to
release of building permits.
1.3.11 The applicant shall complete all improvements related to public life, safety, and health as set forth in
UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-
5C-3C.
1.3.12 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-
2-A-6.
1.3.13 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for
single-family dwellings.
1.3.14 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including
but not limited to driveways, common driveways, easements, block length and mailbox placement.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant
shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and
receive approval for such signs.
1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as
set forth in UDC 11-6B-3C2.
1.4.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City
Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in
UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 A street light plan will need to be included in the final plat application. The plan will need to include
Type 1 lighting on the frontages of Ustick and Linder Roads in addition to type 2 lighting on the
subdivisions internal street. Street light plan requirements are listed in section 6-5 of the Improvement
Standards for Street Lighting. A copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.1.2 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development
occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic
analysis is required to be completed and submitted to the City and approved by the Floodplain
Administrator per MCC 10-6.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,
and execute standard forms of easements for any mains that are required to provide service outside of a
public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-
grade is less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to
and through this development. Applicant may be eligible for a reimbursement agreement for
infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,
or 30-feet wide for two. 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
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 19
on the plat for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, 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. All
easements must be submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point connection to the culinary
water system shall be required. If a single-point connection is utilized, the developer will be responsible
for the payment of assessments for the common areas prior to prior to receiving development plan
approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the
City Engineer.
2.2.6 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 tiled 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.
2.2.7 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.
2.2.8 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.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway District and the
Final Plat for this subdivision shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing,
landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy.
2.2.12 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.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may
be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 20
2.2.18 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.
2.2.19 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 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.
2.2.20 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.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per
the City of Meridian Improvement Standards for Street Lighting. 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. Street light plan requirements are listed in
section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on
the city of meridian Public Works Department’s website at
http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall
conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 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 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.
2.2.23 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
years. 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. 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 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department did not submit comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department did not submit comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. PARKS DEPARTMENT
6.1 The developer shall construct and maintain a ten (10) foot wide multi-use pathway adjacent to the north side
of the Creason Lateral as per the Meridian Pathways Master Plan.
6.2 The developer shall provide a minimum fourteen (14) foot wide recreational pathway easement covering the
pathway route for City Council approval and recordation.
6.3 The developer shall coordinate with the City Arborist, Elroy Huff, to mitigate any existing tree losses due to
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 21
development impacts Parks Department did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
7.1 Dedicate 45.5-feet of right-of-way from centerline of Ustick Road abutting the site. Right-of-way dedication
is impact fee eligible.
7.2 Provide the District with a road trust deposit in the amount of $5,780.00 for the construction of sidewalk
improvements on Ustick Road abutting the site.
7.3 Dedicate 40-feet of right-of-way from centerline of Linder Road abutting the site. Right-of-way dedication
is impact fee eligible.
7.4 Construct a 5-foot wide detached sidewalk approximately 70-feet from centerline to front of sidewalk within
an easement, of Linder Road abutting the site.
7.5 Construct Pebblestone Drive and Lowry Street as 36-foot street section with rolled curb, gutter, and 5-foot
wide attached sidewalk within 50-feet of right-of-way.
7.6 Construct 13th Street, 14th Street, and Tumble Creek Drive as 33-foot street section with rolled curb, gutter,
and 5-foot wide attached sidewalk within 46-feet of right-of-way.
7.7 Construct a 6-foot wide by 50-foot long landscape median at the entrance of Pebblestone Drive and Lowry
Street, with 24-foot wide travel lanes on each side of the median, within 50-feet of right-of-way, and 5-foot
wide attached sidewalks within an easement adjacent to the landscape medians.
7.8 Provide a permanent right-of-way easement for any public sidewalks placed outside of the dedicated right-
of-way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the
back edge of the sidewalk.
7.9 Construct 1 Stub Street, 14th Street, 235-feet north of Tumble Creek Drive and 305-feet east of Linder Road
(measured centerline to centerline) to the site’s north property line.
7.10 Construct a temporary turnaround with a minimum 45-foot turn radius at the terminus of 14th Street.
7.11 Locate the temporary turnaround on the property and if the temporary easement extends onto a buildable lot,
the entire lot(s) shall be encumbered by the easement and identified on the plat as a non-buildable lot(s) until
the street is extended; OR the applicant must obtain the necessary agreement from the adjoining property
owner and provide a temporary turnaround easement to the District for those portions of the cul-de-sac that
extends beyond the dedicated right-of-way.
7.12 Payment of impacts fees are due prior to issuance of a building permit.
7.13 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way.
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-
of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA)
requirements. The applicant’s engineer should provide documentation of ADA compliance to District
Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for
details.
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 22
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping
proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the
developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at
no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to
call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD
right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the
District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all applicable ACHD Standards unless
specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of
ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed
by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The
burden shall be upon the applicant to obtain written confirmation of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may
require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 23
C. Required Findings from Unified Development Code
1. ANNEXATION FINDINGS :
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 16.08 acre property with the R-8 zoning
districts and develop fifty one (51) single-family residential on site. The Council finds that
the proposed map amendment (zoning) is generally consistent with the MDR and Civic future
land use map designations for this site. Therefore, the Council finds the amendment is
consistent with the applicable provisions of the Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-8 zoning district is generally
consistent with the purpose statements of the residential district in that it will contribute to the
range of housing opportunities available within the City as well as provide nearby services
for those residents.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning map amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
The Council will consider any oral or written testimony that may be provided when
determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E).
The Council finds that annexing this property with R-8 zoning district is in the best interest of
the City as the property will be able to develop as single-family consistent with the vision of
the Comprehensive Plan. Further, annexation of this property will allow utilization of
available City services and a reduction of enclave areas in the City.
2. PRELIMINARY PLAT FINDINGS :
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted and
proposed Comprehensive Plan in regard to land use, transportation, and circulation. Please
see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information .
EXHIBIT A
Creason Creek AZ 15-009, PP 15-014 and ALT-15-020 PAGE 21
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council relies upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. The Council
considered all public testimony that was presented in determining whether or not the
proposed subdivision would cause health, safety or environmental problems.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural, scenic or historic feature(s) of major importance.
3. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the Director shall determine the
following findings:
a. Strict adherence or application of the requirements is not feasible; OR
The Director finds that strict adherence to the landscape standards is not feasible due to this
area being located within the floodway.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the alternative compliance provides an equal means for meeting the City’s
because the area is still be vegetated and additional trees will be placed outside of the
floodway next to a grove of mature trees that will be visible from N. Linder Road.
c. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative to the landscaping will not be detrimental to
the public welfare or impair the use/character of the surrounding properties if the property is
owned and maintained by the Creason Creek homeowner’s association as required by the
UDC.
EXHIBIT C
Building H levatinnti
Creason Creek — AZ 15-009