CC -Staff Report
Creason Creek – MDA, MFP H-2016-087 1
STAFF REPORT
HEARING DATE: August 16, 2016
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: Creason Creek – MDA, MFP H-2016-0087
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Bob Unger, requests a modification to the existing final plat for the purposes of converting
an existing buildable lot (Lot 4, Block 1) into a common lot and to relocate the proposed pathway out of the
Nampa-Meridian Irrigation District’s Easement. The applicant also requests approval of a development
agreement modification to allow the issuance of four (4) building permits prior to recordation of the final
plat. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the subject applications subject to the modifications listed in Exhibits A.3,
A.5 and A.6.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0087 as
presented in the staff report for the hearing date of August 16, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0087 as presented during
the hearing on August 26, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0087 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: The site is located near the southeast corner of N. Linder Rd. and W. Ustick
Rd., in the NW ¼ of Section 1, Township 3N., Range 1W.
B. Representative/Applicant:
Bob Unger, ULC Management, LLC
6104 N. Gary Lane
Boise, ID 83714
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C. Owner:
CS2, LLC
8921 W. Hackamore Drive
Boise, ID 83709
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification and final plat modification. A
public hearing is required before the City Council on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: July 25 and August 8, 2016
C. Radius notices mailed to properties within 300 feet on: July 21, 2016
D. Applicant posted notice on site by: August 3, 2016
VI. LAND USE
A. Existing Land Use(s): The subject property is vacant property currently being developed as a single-
family residential subdivision, known as Creason Creek Subdivision No. 1.
B. 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:
In 2015, the property received approval of Annexation, Preliminary Plat and Alternative
Compliance (AZ-15-009, PP-15-014, ALT-15-020,) to develop a residential subdivision consisting
of 51 single family residential lots and 8 common lots on approximately 15.75 acres of land..
In 2016, the property received approval of the first phase of the subdivision that consists of 34
single-family residential building lots and 6 common lots on 8.72 acres of land (H-2016-0022).
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
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of this site must comply with the City’s flood plain ordinance (Title 10, Chapter 6).
VII. ANALYSIS
The applicant is requesting to amend the recorded development agreement (DA) approved with the annexation
of the property, recorded as Instrument #2016-019362.
This site consists of four legal parcels. The applicant would like to start construction on four houses, one on
each parcel. Therefore, the applicant requests a new DA provision be included that would allow the applicant ot
obtain approval of four (4) building permits prior to the property being subdivided. Provided that access to the
building sites meets the Fire Department’s standards and any other applicable life safety requirements, staff
does not object to the applicant commencing construction on these four structures. These structures should be
located so that they comply with the setbacks of the R-8 zoning district for the future platted lots. Prior to
issuance of Certificate of Occupancy for these structures, the final plat should be recorded and all improvements
completed.
DA Modification: Staff is supportive of the requested DA provision as the UDC allows for the approval.
C. The applicant shall be granted approval to obtain four (4) building permits prior to the recordation of
the final plat. The applicant shall not however be granted any Certificates of Occupancy until such time
as the plat is recorded and all site improvements are accepted by the City.
Additionally, the applicant requests approval to modify the Creason Creek No. 1 final plat to convert Lot 4,
Block 1 to a common lot/drainage facility and to relocate the proposed pathway outside of the Nampa-Meridian
Irrigation easement. The council approved the final plat with a total of 34 single-family residential lots and 6
common lots. Due to requirements of the Nampa-Meridian Irrigation District (NMID), the applicant has
requested to modify the plan and to reduce the number of buildable lots to address NMID’s concerns.The
applicant proposes to reduce the number of buildable lots from thirty four (34) to thirty three (33), with the
number of common lots remaining the same at six (6).
The open space for the subdivision has changed from 0.82 acres of qualified open space that was approved with
the previously approved final plat, to 0.90 acres of qualified open space for the proposed final plat. The amenity
package for the development will not change. The applicant is proposing a 10-foot multi-use pathway and a dog
park as part of this phase of development for the Creason Creek Subdivision. The remaining amenities that were
approved as part of the Overall Creason Creek Subdivision will be constructed with a subsequent phase of
development.
Final Plat Modification: Staff is supportive of the requested changes to the final plat. The requested changes
are shown in Exhibits A3 and A5.
In order to proceed with the modification as proposed by the applicant, the plat notes must be modified as
follows:
1) Note #7 - Currently, this plat note does not indicate that Lot 4, Block 1 is a common lot for the
subdivision. The plat note needs to be revised to indicate this as a common lot that shall be owned and
maintained by the HOA.
Staff recommends approval of the development agreement modification and final plat modification with
recommended provisions attached in Exhibit A.6.
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VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Approved Final Plat
3. Proposed Final Plat Modifications
4. Approved Landscape Plan
5. Proposed Landscape Plan
6. Proposed Change to the Development Agreement
7. Proposed Changes to Final Plat
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Approved Final Plat
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Affected
Lots
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Exhibit A.3: Proposed Final Plat Modifications
Creason Creek – MDA, MFP H-2016-087 9
Affected
Lots
Creason Creek – MDA, MFP H-2016-087 10
Exhibit A.4: Approved Landscape Plan
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Exhibit A.5: Proposed Landscape Plan
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Exhibit A.6: Proposed Changes to the Development 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 site 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 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. The owner/developer shall provide commercial grade play structure,
benches, and picnic tables as part of the development.
c. The applicant shall be granted approval to obtain four (4) building permits prior to the
recordation of the final plat. The applicant shall not however be granted any Certificates of
Occupancy until such time as the plat is recorded and all site improvements are accepted by
the City. The issuance of these four permits shall be after the satisfactory completion of the
following prerequisite items:
a. The domestic water system shall be installed, tested, and activated so that fire
hydrants are available during construction.
b. The sanitary sewer system shall be installed and tested.
c. At a minimum, a compacted gravel road base shall be in place that will support the
weight of a fire apparatus (75,000 lbs).
d. At a minimum, temporary street signs will need to be in place.
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Exhibit A.7: Proposed Changes to Final Plat:
1) Plat Note #7 - Currently, this plat note does not indicate that Lot 4, Block 1 is a common lot for the
subdivision. The plat note needs to be revised to indicate this as a common lot that shall be owned and
maintained by the HOA.
2) Modify condition 5(b) to read as follows: Extend Lot 3, Block 1 to the west boundary of Lot 5,
Block 1. The entire lot Lot 4, Block 1 shall be designed to include the 10-foot wide multi-use pathway
and landscape standards set forth in UDC 11-3A-8 and UDC 11-3B-12C. 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.