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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 PEED AucusT ATTEST: U�o� ! ,oma DIAN�- IDAN0 W� �J FR of the TFLEP Copy served upon Applicant, the Community Development Department, Public Works Department, and City Attorney. By: 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.