Creekstone Subdivision AZ-13-013 PP-13-029CITY OF MERIDIAN E IDIAN~-~-
FINDINGS OF FACT, CONCLUSIONS OF LAW ~-
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Annexation of 6.92 Acres with the R-8 Zoning District AND
Preliminary Plat Consisting of Thirty-two (32) Single-Family Residential Building Lots and Six (6)
Common Lots on 6.92 Acres for Creekstone Subdivision, Located on the North Side of W. Pine
Avenue; between N. Black Cat Road and N. Ten Mile Road, by Boslau Family Trust.
Case No(s). AZ-13-013 and PP-13-029
For the City Council Hearing Date of: December 3, 2013 (Findings on December 17, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 3,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 3, 2013, 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-13-013 and PP-13-029
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6. That the City has granted an order of approval 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 Division, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 3, 2013, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA 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 preliminary plat is hereby approved per the
comments in the attached Staff Report for the hearing date of December 3, 2013, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-013 and PP-13-029
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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 December 3, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-013 and PP-13-029
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• ~ ~ da of
By action of the City Council at its regular meeting held on the y
~~,~ , 2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIIZD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta de Weerd
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-013 and PP-13-029
t, The Planning epartment, Public Works Department and City Attorney.
-4-
EXHIBIT A
STAFF REPORT
Hearing Date
TO:
FROM:
SUBJECT
December 3, 2013
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
E IDIAN~-
IDAHO
Bruce Freckleton, Development Services Manager
208-887-2211
AZ-13-013 and PP-13-029 -Creekstone Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for annexation and zoning (AZ) of 6.92 acres of land from RUT in Ada
County to the R-8 (Medium Density Residential) zoning district. A preliminary plat (PP) is also
proposed consisting of thirty-two (32) single family residential lots and six (6) common/other lots on
approximately 6.92 acres of land in the proposed R-8 zoning district. See Section IX of the staff report
for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the annexation (AZ) and preliminary plat (PP) with the conditions of
approval in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibit D. The
Meridian Planning and ZOning Commission heard these items on November 7.2013. At the
public hearing, the Commission voted to recommend approval of the subiect AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Dave Yorgason. Neutral parties: Richard Davey, Lindsay Fulmore, Joanne
Hazlett, James Miller and Tristin and Ben Taylor
ii. In opposition: None
iii. Commenting: Richard Davey, Ben Taylor and James Miller
iv. Written testimony: Dave Yorgason. applicant's representative
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. Restricting certain lots to single story homes on the west boundary.
ii. The extension of Dover Street into the proposed development.
iii. Construction traffic through the Castlebrook Subdivision.
iv. Transitional lots sizes along the west boundary.
v. Street lighting along Pine Avenue.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for Citv Council:
i. None
The Meridian City Council heard these items nn n .rPmhPr _~__ _2013_ At the_ nnhlir hp_a_r_in_v__ t_he
ouncil annroved the subiect A .and PP r auect
a.. ummarv of City Council P ~bli H grin
1. In favor: Dave Yorgason
ji, In onposition: None
Creekstone Subdivision- AZ-13-013 & PP-13-029 PAGE 1
EXHIBIT A
111. !i'ommenting: Ryan Head
jy. Written testimony: None
y~ Staff presenting annlication: Bill Parsons
y1, Other staff commenting on annlication: u tin Luca
.~ ev I cue of Dicc ~ ion by .ouncil:
y Pine Avenue bridge crossing over the Ten Mile reek.
~ ev Council ChanP~s to Staff/Commission Recommendation
y ouncil approved a new condition requiring the applicant record a public use Basemen
across Common Lot 21. Block 1.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13-
013 and PP-13-029, as presented in the staff report for the hearing date of December 3, 2013, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-013
and PP-13-029, as presented during the hearing on December 3, 2013, for the following reasons:
(You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-13-013 and PP-13-029 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 #S1210131334)
The site is located on the north side of W. Pine Avenue; midway between N. Ten Mile Road and
N. Black Cat Road in the northeast '/4 of Section 10, Township 3 North, Range 1 West.
B. Applicant/Owner(s):
Boslau Family Trust
3800 W. Pine Avenue
Meridian, ID 83642
C. Representative:
Dave Yorgason, Tall Timber Consulting, LLC
14254 W. Battenberg Drive
Boise, Idaho 83713
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and a preliminary plat. A public hearing is required
before the Planning and Zoning Commission and City Council on this matter, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: October 21, and November 4, 2013(Commission);
November 11. and 25, 2013 (Council)
C. Notices mailed to property owners within 300 feet on: October 10, 2013(Commission);
November 12.2013 (Council)
Creekstone Subdivision- AZ-13-013 & PP-13-029 PAGE 2
EXHIBIT A
D. Applicant posted notice on site(s) on: October 27, 2013 (Commission); November 19.2013
Council
VI. LAND USE
A. Existing Land Use(s): This property is developed with a county residence and several
outbuildings that will be removed upon development of the property.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Fuller Park, zoned R-4
South: Chesterfield Subdivision No. 2, zoned R-8
East: County residence, zoned RUT (Ada County)
West: Castlebrook Subdivision, zoned R-8
C. History of Previous Actions: NA
D. Utilities:
a. Location of sewer:
b. Location of water:
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: Ten Mile Creek transverses the north and east boundary.
2. Hazards: Noted below.
Flood Plain: The north and east boundary of the plat is impacted by the flood plain. The
applicant will have to obtain a flood plain development permit before construction can
commence.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Medium Density Residential (MDR) 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 proposed preliminary plat consists of thirty-two (32) single-family residential lots on
approximately 6.92 acres. The gross density of 4.62 dwelling units to the acre consistent with both
MDR land use designation and UDC density requirements of the requested R-8 zone.
The subject property is either surrounded by properties designated MDR or developed with medium
density residential, zoned R-8. Because this property and the surrounding properties are designated
with similar land uses and the underlying zoning coincides with the designated land uses, staff finds
that the requested zoning and proposed plat comply with the Comprehensive Plan.
Staff also finds the following Comprehensive Plan policies to be applicable to this application and the
proposed use of this property (staff analysis in italics):
• Require that development projects have planned for the provision of all public services.
(6.02.01 B, Chapter 6, page 84)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner:
Creekstone Subdivision - AZ-13-013 & PP-13-029 PAGE 3
EXHIBIT A
- The lands are currently being serviced by the Meridian Fire Department (MFD).
- The lands are currently being serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services are available from the Meridian Building Department, the
Meridian Public Works Department, the Meridian Wastewater Department, the Meridian
Planning Department, Meridian Utility Billing Services, and Republic Services.
• Require usable open space to be incorporated into new residential subdivision plats (3.07.02A,
Chapter 3, page 55).
The applicant is proposing a S foot wide pedestrian walkway adjacent to Ten Mile Creek. This
pathway connects to the pathway constructed with the Castlebrook Subdivision to the west and
the 5 foot detached sidewalk proposed along W. Pine Avenue. The proposed pathway connection
links the proposed subdivision with Fuller Park to the north via a pedestrian bridge constructed
with the Castlebrook development. Staff is supportive of the proposed amenity as it enhances
pedestrian connectivity in the area.
• Provide a walkable community through good design (2.O1.OlA, Chapter 2, page 13).
See analysis above.
• Support a variety of residential categories (low-, medium-, medium-high and high-density single-
family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities (3.07.O1E, Chapter 3, page
54).
Staff finds the proposed medium density residential development will contribute to a mix of
housing options within this area of Meridian.
• Permit new development where urban services can be reasonably provided at the time of final
approval and development is continuous to the City (3.01.01 F, Chapter 3, page 45).
City utilities must be extended with the development of the property.
Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation,
low walls, berms, etc.) (3.06.02F, Chapter 3, page 54).
The submitted plat depicts a 25 foot wide landscape buffer adjacent to W. Pine Avenue. To
enhance the entrance into the proposed subdivision, the applicant is proposing to construct and
landscape a center median.
Creekstone Subdivision- AZ-13-013 & PP-13-029 PAGE 4
EXHIBIT A
• Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow (3.03.03C, Chapter 3, page 48).
A stub street is provided along the western boundary of the property constructed with the
Castlebrook Subdivision (W. Dover Drive). This street will be extended with the development of
the property and connects into N. Clearstream Way which is main access from W. Pine Avenue.
The applicant will also be responsible for constructing a portion of W. Pine Avenue. The City's
vision is to ultimately have Pine Avenue connect to N. Ten Mile Road which will enhance
connectivity in the area and provide better traffic flow in the future.
• 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. (S.OI.OIE,
Chapter 5, page 69)
The Ten Mile Creek is proposed to be improved as an amenity with a 5 foot wide pedestrian
pathway.
For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals
and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
MEDIUM- DENSITY RESIDENTIAL DISTRICT (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: Table 11-2A-21ists 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.
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. Landscaping:
1. A 20-foot wide street buffer is required adjacent to W. Pine Avenue and must be
landscaped in accordance with the standards listed in UDC Tablel 1-2A-6 and UDC 11-3B-
7C for the R-8 zoning district.
2. Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity.
3. The planned micro-paths are required to comply with the design standards in accord with
UDC 11-3A-8 and UDC 11-3B-12.
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:
Creekstone Subdivision-AZ-13-013 & PP-13-029 PAGE 5
EXHIBIT A
ANNEXATION (AZ): The applicant has applied to annex and zone 6.92 acres of land from RUT in
Ada County to the R-8 (Medium Density Residential) zoning district. As discussed above in
Section VII, the proposed zoning is consistent with the FLUM designation of MDR.
The annexation legal description submitted by the applicant, included in Exhibit C, shows the
boundary of the property proposed to be annexed and zoned contiguous to the existing boundary
of the City of Meridian and within the Area of City Impact boundary.
Since this is a low impact development and should develop in similar fashion as the surrounding
subdivisions, staff is not recommending a development agreement with the annexation of the
property.
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of thirty-two (32) single
family residential lots and six (6) common lots on approximately 6.92 acres of land in the
proposed R-8 zoning district. Lot sizes range between 5,000 and 9,255 square feet. The proposed
gross density of the subdivision is 4.62 dwelling units per acre which is consistent with both the
density requirements of the comprehensive plan and the R-8 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Per the UDC, lots that front on
a cul-de-sac must have 30 feet of frontage. The submitted plat depicts four (4) lots (Lots 8-11,
Block 2) that do not meet the aforementioned frontage requirement. With the submittal of a final
plat, the lots must meet the dimensional standards of the UDC.
Two (2) lots (Lots 5 and 6, Block 1) are proposed to take access from a common drive. Currently,
the UDC requires the common drive to be platted as an easement rather than a common lot as
proposed by the applicant. However, Staff is currently processing a UDC text amendment which
may allow for common driveways to be placed in common lots; if an amendment to the UDC is
approved prior to submittal of the final plat application, the lot configuration as shown may be
allowed. The proposed text change to the UDC is scheduled for the same hearing as this
project. The proposed common drive must be constructed in accord with UDC 11-6C-3D.
Access: Access to this development is proposed from W. Pine Avenue via N. Clearstream Way.
An existing stub street (W. Dover Drive) is provided along the west boundary of the subdivision
and will be extended with the development of the site. The applicant will also be required to
construct a portion of W. Pine Avenue along the south boundary of the subdivision and stubs at
the west boundary which will eventually connect to N. Ten Mile Road. Staff is supportive of the
public street access proposed for the development.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A
20-foot wide landscape buffer adjacent to W. Pine Avenue is required to be installed in accord
with UDC 11-3B-7C. On the submitted landscape plan, the applicant is proposing to construct a
25-foot wide landscape buffer which exceeds the dimensional standard of the UDC. Additionally,
the required number of trees and vegetation is also being provided. Staff finds the proposed
landscape buffer complies with the standards set forth in UDC 11-3B-7C.
Open Space and Amenities: Open Space/Amenities: UDC 11-3G-3 requires a minimum of ten
percent open space for all residential developments exceeding five acres. The UDC also requires
one additional site amenity. Applying this standard, the applicant is required to provide one (1)
amenity for a development of this size (6.92 acres).
The applicant is proposing 1.01 acres of common open space with this development which is
approximately 14.06% of the total development area. Qualifying open space includes the linear
open space adjacent to Ten Mile Creek, the Pine Avenue street buffer and the micro-path lot. The
proposed amenity is an integrated pathway system that connects with the pathway system
Creekstone Subdivision- AZ-13-013 & PP-13-029 PAGE 6
EXHIBIT A
developed with the Castlebrook Subdivision to the west. Based on the analysis above, staff finds
the proposed subdivision complies with the open space and site amenity requirements in the
UDC.
Waterways: Ten Mile Creek runs along the north and east boundary of this 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 Ten Mile Creek is a natural waterway and is proposed to remain open and
developed as an amenity with the subject application as envisioned by the Comprehensive Plan
and allowed by the UDC.
Existing Trees: The subject property contains numerous mature trees that will remain with the
development of the proposed subdivision. The submitted landscape plan states tree mitigation is
not required. The applicant should protect all existing trees on the site that are greater than four-
inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10, mitigation is
required for all existing healthy trees 4-inch caliper or greater that are removed from the site.
With the submittal of the final plat the applicant should submit a revised landscape plan
that details the mitigation plan outlined by the developer and the City Arborist.
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, asingle-
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 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.
Fencing: The applicant has submitted a fencing plan for the proposed development. Fence
materials have not been specified. Where the buildable lots abut common lots (Lots 7 and 21,
Block 1), the applicant is proposing 4-foot solid fencing; the fencing adjacent to Pine Avenue, the
applicant is proposing 6-foot solid fencing. Although details of the fencing materials have not
been proposed for the development, the proposed fencing plan complies with the fence
regulations set forth in UDC 11-3A-7. With the submittal of the final plat application, the
applicant should provide a detail of the proposed fencing materials.
Existing Structures: There is an existing home and several outbuildings on the site that will be
removed with the development of the proposed subdivision. The existing structures must be
demolished and the existing well and septic system must be abandoned prior to the City
Engineer's signature on the first phase of a final plat.
Building Elevations: The applicant has submitted sample elevations to depict the style of homes
for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding,
cedar shake siding, and board and batten siding), decorative shutters, belly bands and stone
wainscot.
Typically, single family homes are not required to obtain design review approval, however the
Meridian Design Manual encourages similar building materials and mix of materials be
incorporated into all sides of the future homes, specifically, for those facades that face a public
street. The applicant should keep this in mind when designing homes adjacent to Pine Avenue
(Lot 19, Block 1 and Lots 11-16, Block 2). Future homes constructed within the subdivision must
comply with the elevations attached in Exhibit A.4 below.
Staff is of the opinion the future homes will complement the existing homes in the area and
demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review
Creekstone Subdivision- AZ-13-013 & PP-13-029 PAGE 7
EXHIBIT A
the home elevations adjacent to Pine Avenue as described above to ensure conformance with
these design features.
In summary, Staff recommends approval of the proposed annexation and preliminary plat with
the recommended conditions listed in Exhibit B of this report in accord with the findings
contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 09/03/13)
3. Proposed Landscape Plan (dated: 09/12/13)
4. Proposed Building Elevations
B. Conditions of Approval
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Creekstone Subdivision- AZ-13-013 & PP-13-029 PAGE 8
EXHIBIT A
A. Drawings
1. Vicinity Map
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Creekstone Subdivision- A7.-13-013 & PP-13-029 PAGf~ 9
EXHIBIT A
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Creekstone Subdivision - AZ-13-013 & PP-13-029 PAGE 10
EXHIBIT A
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EXHIBIT A
4. Proposed Building Elevations
Creekstone Subdivision- A7-13-013 & PP-13-029 PAGE 11
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EXHIBIT A
EXHIBIT B -AGENCY & DEPARTMENT CONDITIONS OF APPROVAL
1. PLANNING DIVISION
1.1.1 Site Specific Conditions of Approval
].l.l The preliminary plat labeled Sheet 1, prepared by The Land Group, dated 09/03/13, shall be
revised as follows:
• Direct lot access to Pine Avenue is prohibited.
• Lots 8-l 1, Block 2 shall have 30 feet of frontage in accord with UDC l 1-2A-3B1.
• The common driveway proposed as Lot 4, Block 1 shall comply with the standards as set
forth in UDC l 1-6C-3D in effect at the time of final plat submittal. An exhibit depicting
the setbacks, building envelope, orientation of lots and structures shall be submitted with
a future final plat application. Add a note to the final plat accordingly.
1.1.2 The landscape plan, prepared by The Land Group, dated 09/12/13, shall be revised as follows:
• Construct a 25-foot wide landscape buffer adjacent to W. Pine Avenue as proposed.
• Per UDC l 1-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing
trees on site. With the submittal of the final plat the applicant shall submit a revised
landscape plan that details the mitigation plan outlined by the developer and the
City Arborist.
• Landscape the center median in N. Clearstream Way as proposed and enter into a license
agreement with ACHD.
• The applicant shall provide a minimum of 1.01 acres of open space as proposed.
• Fencing adjacent to all common areas shall be constructed as proposed. With the
submittal of the final plat application, the applicant shall provide a detail of the proposed
fencing materials. All fencing shall be installed in accordance with UDC 1 I-3A-7.
• The micro-path and pathway on Lots 7 and 21, Block 1 shall be installed as proposed.
• Upon installation of the landscaping and prior to inspection by Planning Division staff,
the applicant shall provide a written certificate of completion as set forth in UDC 1 1-3B-
14A.
1.1.3 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to City Engineer signature of the final plat.
1.1.4 Portions of the proposed development lie within the Meridian Floodplain Overlay District. A
floodplain development permit application is required to be submitted, reviewed and approved by
the City prior to development within the Floodplain Overlay District per MCC section 10-6. The
application shall include hydraulic and hydrologic analysis including establishment of base flood
elevation (BFE) and local floodway. Please contact David Miles, City of Meridian Floodplain
Administrator at 898-5500.
1.1.5 Future homes constructed within the subdivision must comply with the submitted elevations
attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached
elevations shall be incorporated on the rear facades that face W. Pine Avenue. The future building
restriction form shall note compliance with the approved building elevations.
Creekstone Subdivision - AZ-13-013 & NY-] 3-029 PAGL 12
EXHIBIT A
1.1.6 Provide the internal street network as proposed on the plat.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district set forth in UDC
11-2A-6 and UDC 1 1-2B-3.
l .2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6; except for Ten Mile Creek.
1.2.3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC l l -3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.4 Comply with the sidewalk standards as set forth in UDC l 1-3A-17.
1.2.5 Install all utilities consistent with the standards as set forth in UDC 1 1-3A-21 and 1 1-3B-SJ.
1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 1 1-3C-6
for single-family dwellings.
1.2.7 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to easements, blocks, street buffers, and mailbox placement.
1.2.8 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.9 Comply with all ACHD conditions of approval.
1.2.10 Prior to the issuance of a building permit, the property shall be subdivided in accordance with the
UDC.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 1 1-3B-6 and to install and maintain all landscaping as set forth
in UDC l 1-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space shall be maintained by an owner's association as set forth in UDC 11-
3G-3F 1.
1.3.3 The project is subject to all current City of Meridian ordinances. Staff s failure to cite specific
ordinance provisions does not relieve the applicant of responsibility for compliance.
l .3.4 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.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 1 1-3A-1 1.
1.3.6 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 1 1-
3A-3.
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.
Creckstone Subdivision - AZ-13-013 & PP-13-029 PAGE 13
EXHIBIT A
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 1 1-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 1 1-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 1 1-6B-
7B.
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either l) 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 1 1-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant will be required to provide a flush line to Ten Mile Creek from the 12-inch water main
in W. Pine Avenue. The location and design of the flush line shall be coordinated with the PW
Department and the Nampa & Meridian Irrigation District.
2.2 General Conditions of Approval
2.2.1 Sanitary sewer service for this development shall be from an extension of the existing main in W.
Dover Drive. The applicant shall install mains to and through this subdivision; applicant shall
coordinate 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 Domestic water mains to provide service to this development will be from an extension of the
existing mains in W. Dover Drive and W. Pine Avenue. Per Meridian City Code, the applicant
shall be responsible to install water mains to and through this development.
2.2.3 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 shall be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-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
development plan approval.
2.2.4 Any existing structures that are required to be removed shall be removed prior to signature on the
final plat by the City Engineer.
2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 1 1-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to development plan approval.
2.2.6 Any existing domestic wells 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
Crcekstone Subdivision - A7-13-013 & PP-13-029 PAGE 14
EXHIBIT A
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.7 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.
2.2.8 Street signs are to be in place, 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.
2.2.9 A letter of credit or cash surety in the a-nount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.]0 All development improvements, including but not limited to sewer, water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.1 1 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.
2.2.12 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.
2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.15 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.
2.2.16 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.
2.2.17 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.
2.2.18 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.
2.2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian hnprovement 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 lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
1SPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.21 The City of Meridian requires that the owner post to the City a performance surety in the amo~mt
of ] 25% of the total construction cost for all incomplete sewer, water and reuse infrastructure
Crcckstone Subdivision- AZ-13-o13 & PP-13-029 PAGE 15
EXHIBIT A
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. Please contact Land Development Service for more information at 887-221 1.
2.2.22 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 .~. 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. Please contact Land Development Service for more information at 887-221 1.
2.2.23 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 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 1 1" 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.
2.2.24 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
3. POLICC DEPARTMENT
3.1 The Police Department has no concerns related to the plat design submitted with the application.
4. FIRE DEPARTMENT
4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4'/"outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.2 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in
International Fire Code Section 304.1.2.
4.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
Creekstone Subdivision - AZ-13-013 & PP-13-029 PAGE 16
EXHIBIT A
4.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.8 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in ]nternational Fire Code Section 505.1.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns related to the plat design submitted with the application.
6. PARKS DEPARTMEN"C
6.1 The Parks Department has no concerns related to the plat design submitted with the application.
6.2 Prior to sienature on the final plat a public pedestrian easement for the 5-foot pathway alone the
Ten Mile Creek (Common Lot 21. Block 1) shall be submitted to the Plannine Division of the
Community Development Department and approved by the Citv Council and recorded.
7. ADA COtIN1.1' HIGIiWAV DISTRICT (COMMENTS ['ORTllCOMING)
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate right-of--way to acconunodate the widening of Pine Avenue as a 36-foot residential
collector roadway abutting the site. The right-of--way should extend a minimum of 2-feet behind
the back of curb on the on the north side of Pine Avenue abutting the site.
7.1.2 Construct Pine Avenue as a 36-foot street section with 2 travel lanes, bike lanes, vertical curb,
gutter and a 5-foot wide detached sidewalk on the north side of Pine Avenue, abutting the site
completing the street.
7.l .3 Provide a permanent right-of--way easement for any segment of the sidewalk located outside of
the right-of--way.
7.1.4 Install a barricade at the termimis of the stub street stating that, "THIS IS A DESIGNATED
COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN
THE FUTURE."
7.1.5 Construct Clearstream Way to intersect Pine Avenue, approximately 360-feet east of the west
property line, as proposed.
7.1.6 Construct the first 60-feet of Clearstream Way north of Pine Avenue with two 21-foot wide travel
lanes, a 12-foot wide center landscape island, rolled curb, gutter, and an attached 5-foot wide
concrete sidewalk tapering to a 33-foot street section with rolled curb, gutter, and an attached 5-
foot wide concrete sidewalk within 50-feet ofright-of--way, as proposed.
7.1.7 The center landscape island on Clearstream Way should be platted as right-of--way owned by
ACHD. The Developer or Homeowners Association should apply for a license agreement if
landscaping is to be placed within these medians.
7.1.8 Construct all of the other internal streets, including the extension of Dover Drive into the site, a
33-foot street section with rolled curb, gutter, and an attached 5-foot wide concrete sidewalk
within 50-feet ofright-of--way, as proposed.
Creekstone Subdivision-A7,-13-013 & PP-13-029 PAGE 17
EXHIBIT A
7.1.9 Construct one standard cul-de-sac turnaround at the terminus of Hearst Court with a minimum
radius of 45-feet.
7.l .l0 Other than access specifically approved with this application direct lot access is prohibited to Pine
Avenue and shall be noted on the final plat.
7.1.11 Payment of impacts fees are due prior to issuance of a building permit.
7.1.12 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHDrfght-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD 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
YP.VIP~V
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.
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 ACRD 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 ACRD 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 ACRD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
7.1.12 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
Creckstone Subdivision - AZ-13-013 & PP-13-029 PALL' 18
EXHIBIT A
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless awaiver/variance of the requirements or other legal relief is
granted by the ACHD Commission.
Creekstone Subdivision-AL-13-o13 & PP-13-029 PAGI: 19
EXHIBIT A
C. Legal Description and Exhibit Map
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September 16, 2013
Project No. 113110
Exhibit "A"
CREEKSTUNE ANNEXATION/REZONE DESCRIPTION
A parcel of land located in the Southwest One Quarter of ttre Northeast One Quarter of Section 10,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at the One Quarter Section Corner common to Sections 10 and 11 of said
Township 3 North, Range 1 West, (from which point the Center One Quarter Section Corner of said
Section 10, bears North 89°36'02" West, 2,655.67 feet distant);
Thence from said One Quarter Section Corner common to Sections 10 and 11, North 89°36'02" West
a distance of 1746.64 feet on the east-west mid-section tine of said Section 10 to a point on the
centerline of the Ten Mile Drain, as same is described in that Easement peed to the USA, recorded
as Instrument Number 64554, dated February 1, 1916 of Ada County Records;
Thence continuing North 89°36'02" West a distance of 15.83 feet on said east-west line to a point on
the Westerly right-of-way line of the Ten Mile Drain, as same is described in that Deed recorded as
Instrument Number 107008008 of Ada County Records, said line being 15.00 feet westerly of and
parallel with the centerline of said Ten Mile Drain, said point also being the POINT OF BEGINNING;
Thence North 89°36'02" West a distance of 552.60 feet on the east-west mid-section line of said
Section 10 to the southeast corner of Castlebrook Subdivision No. 5, as same is shown on the
Plat thereof recorded in Book 94 of Plats at Page 11394 of Ada County Records;
Thence North 00°59'36" East a distance of 798.60 feet on the easterly boundary line of said
Castlebrook Subdivision No. 5 and said line extended, to the northwest corner of that parcel of
land described in said Deed Instrument Number 107008008, said point being on the Southerly
right-of-way boundary of the Ten Mile Drain;
Thence on the Southerly right-of-way boundary line of the Ten Mile Drain, said line being 15.00
feet southerly of and parallel with the centerline of said Ten Mile Drain, for the following 3
courses and distances:
Thence South 56'48'03" East a distance of 368.04 feet to a point of curve;
Thence 120.85 feet on the arc of a curve to the right, said curve having a radius of 176.00 feet, a
central angle of 39°20'32", a chord bearing of South 37°07'47" East, and a chord distance of
118.49 feet;
"thence South 17°27'31" East a distance of 530.79 feet to the POIN1'
contains 6.92 acres more or less.
PREPARED BY:
THE LAND GROUP, INC.
lames R. Washburn
Creekstone Subdivision - AZ-13-013 & PP-13-029 PACE 20
EXHIBIT A
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Crcckstonc Subdivision- AZ-13-013 & PP-13-02) PAGE 21
EXHIBIT A
D. 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 an 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 property from RUT in Ada County to the R-8
zoning district. The Council finds that the proposed map amendment is generally consistent
with the MDR designation 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 consistent
with Unified Development Code as conditioned and the purpose statement for the district as
detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning 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 considered all oral or written testimony that was 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 is in the best of interest of the City (UDC 11-5B-3.E).
The Council finds annexing this property with the R-8 zoning district is in the best interest of
the City if the applicant complies with all of the conditions of approval contained in Exhibit
B of the staff report.
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 and is consistent with this
Unified Development Code;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services are available and will continue to be provided to the
subject property. See Exhibit B of !be Staff Report for more details from public service
Creekstone Subdivision - AZ-13-013 & PP-13-029 PAG1; 22
EXHIBIT A
providers.
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because water and sewer and any other utilities will be provided by the developer at their
own cost, the 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;
Some services are already being provided to the subject development. The Council finds
there is public financial capability of supporting and continuing services for this
development.
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not made 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 presented when determining whether or not the
proposed subdivision may cause health, safety or environmental problems.
f. The development preserves significant natural, scenic or historic features.
The Council finds there are no significant natural, scenic or historic features that will be lost
with development of the site.
Creckstone Subdivision- AZ-13-o13 & PI'-13-029 PnGli 23