Creason Creek MDA H-2016-0087BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR A MODIFICATION TO
DEVELOPMENT AGREEMENT TO
ALLOW THE ISSUANCE OF FOUR (4)
BUILDING PERMITS PRIOR TO
RECORDATION OF THE FINAL PLAT
FOR
CREASON CREEK
By CS2, LLC
APPLICANT.
Case No. H-2016-0087
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND
ORDER OF DENIAL
C/C 08-23-16
The above entitled request for a modification to the development agreement to allow the
issuance of four (4) building permits prior to the recordation of the final plat having come on for
public hearing on August 23, 2016, at the hour of 6:00 o'clock p.m. at Meridian City Hall, 33 East
Broadway Avenue, Meridian, Idaho. Josh Beach, Meridian Planning and Zoning Department, and
Bob Unger appeared and testified on behalf of ULC Management, LLC, and the City Council having
duly considered the evidence and the record in this matter therefore make the following Findings of
Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for development agreement
modification was published for two (2) consecutive weeks prior to said public hearings before the
City Council scheduled for August 16, 2016, and continued to August 23, 2016, the first publication
appearing and written notice having been mailed to property owners or purchasers of record within
three hundred (300') feet of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearings and with the notice of public hearings having been posted
upon the property under consideration more than one week before said hearing; and that copies of all
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MODIFICATION OF
DEVELOPMENT AGREEMENT. Case No. H-2016-0087 PAGE 1 OF 4
notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council on August 23,
2016, public hearing; and the applicant, affected property owners, and government subdivisions
provided services within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in Idaho
Code §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and development
ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps
thereof, and the Amended Comprehensive Plan of the City of Meridian on April 19, 2011,
Resolution No. 11-784, and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is generally located at near the southeast corner of N. Linder Rd. and W.
Ustick Road, in the NW V4 of Section 1, Township 3 North, Range 1 West, Meridian, Idaho.
5. CS2, LLC, whose address is 8921 W. Hackamore Drive, Boise, ID 83709, is the
current property owner.
6. Bob Unger, ULC Management, LLC, whose address is 6104 N. Gary Lane, Boise,
Idaho 83714, is the applicant.
7. The applicant, ULC Management, LLC, has applied for a modification to the existing
final plat for the purposes of converting the existing building lot (Lot 4, Block 1) into a common lot
and to relocate the proposed pathway out of the Nampa Meridian Irrigation District's Easement and
a modification to the development agreement to allow the issuance of four (4) building permits prior
to recordation of the final plat. The property which is the subject of this application is within the City
of Meridian.
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 shall apply the standards listed in Idaho Code §67-6511
and Sections 11-513-3 and 11-513-6 of the Unified Development Code to review the development
modification request.
3. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MODIFICATION OF
DEVELOPMENT AGREEMENT. Case No. H-2016-0087 PAGE 2 OF 4
4. That this denial is in accordance with the attached Staff Report for the hearing date of
August 23, 2016, incorporated by reference.
5. This denial is based upon the staff, applicant, and public comments received on
August 23, 2016 at the public hearing before the City Council.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does
order:
That the application for modification of the development agreement is denied since the
proposed modification is not in the best interest of the City at this time. The applicant has failed to
provide a compelling reason to modify the development agreement as originally proposed when the
project was approved.
The applicant's has right to request a regulatory taking analysis pursuant to section 67-8003,
Idaho Code. An affected person aggrieved by a final decision concerning matters identified in
section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all remedies have been
exhausted under local ordinances seek judicial review as provided by chapter 52, title 67, Idaho
Code. _
By action of the City Council at its regular meeting held on the day of September,
2016.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN JOE BORTON VOTED
COUNCILMAN LUKE CAVENER VOTED
COUNCILWOMAN GENESIS MILAM VOTED
COUNCILMAN TY PALMER VOTED
COUNCILMAN ANN LITTLE ROBERTS VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MODIFICATION OF
DEVELOPMENT AGREEMENT. Case No. H-2016-0087 PAGE 3 OF 4
DATED:
MOTION: APPROVED: v DISAPPROVED:
MAYOR T de WEERD
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ATTEST: U�o� ! ,oma
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Copy served upon Applicant, the Community Development Department, Public Works Department,
and City Attorney.
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City Clerk's Office
Dated: f� g r I S J `lc�
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MODIFICATION OF
DEVELOPMENT AGREEMENT. Case No. H-2016-0087 PAGE 4 OF 4
Creason Creek – MDA, MFP H-2016-0087 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. The Meridian City Council heard these items on August 16, 2016 and August 23, 2016.
At the public hearings, the Council approved the subject MDA and MFP request.
a. Summary of City Council Public Hearing:
i. In favor: Bob Unger
ii. In opposition: None
iii. Commenting: Richard Saul
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Kevin Fedrizzi, Kyle Radek, Mark Niemeyer,
Warren Stewart, Bill Nary and Caleb Hood
b. Key Issues of Discussion by Council:
i. Distance from proposed lots to existing fire hydrant
ii. Timing of water and sewer connections
iii. Potential risks to the city in allowing for construction to commence on a piece of property that
is not subdivided and does not have defined lot lines.
iv. Setting a precedent for allowing early start building permits.
v. Are there specific reasons for allowing early start permits in this instance?
vi. Who is liable if the structures are built in the wrong place?
vii. Potential for allowing the applicant to provide a bond that would indemnify the city if the
building were to violate any city ordinance.
c. Key Council Changes to Staff Recommendation
Creason Creek – MDA, MFP H-2016-0087 2
i. Council denied the request for two (2) early start building permits prior to recording a final
plat for Creason Creek Subdivision.
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
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
Creason Creek – MDA, MFP H-2016-0087 3
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
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
Creason Creek – MDA, MFP H-2016-0087 4
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.
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
Creason Creek – MDA, MFP H-2016-0087 5
Exhibit A.1: Vicinity/Zoning Map
Creason Creek – MDA, MFP H-2016-0087 6
Exhibit A.2: Approved Final Plat
Creason Creek – MDA, MFP H-2016-0087 7
Affected
Lots
Creason Creek – MDA, MFP H-2016-0087 8
Exhibit A.3: Proposed Final Plat Modifications
Creason Creek – MDA, MFP H-2016-0087 9
Affected
Lots
Creason Creek – MDA, MFP H-2016-0087 10
Exhibit A.4: Approved Landscape Plan
Creason Creek – MDA, MFP H-2016-0087 11
Exhibit A.5: Proposed Landscape Plan
Creason Creek – MDA, MFP H-2016-0087 12
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.
Creason Creek – MDA, MFP H-2016-0087 13
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.