Timberline Subdivision H-2017-0140CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0140 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Preliminary Plat Consisting of fifty eight (58) single-family
residential building lots and eight (8) common lots on 17.3 Acres of Land in the R-8 Zoning District
for Timberline Subdivision , by Merle and F. Laverne Hansen Trust and Connie Tewalt
Case No(s). H-2017-0140
For the City Council Hearing Date of: March 6, 2018 (Findings on March 20, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 6, 2018, 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.
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
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda March 20, 2018 – Page 226 of 426
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0140 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 6, 2018, 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 § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a preliminary plat is hereby approved per the conditions of approval
in the Staff Report for the hearing date of March 6, 2018, 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.
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 March 6, 2018
Meridian City Council Meeting Agenda March 20, 2018 – Page 227 of 426
By action of the City Council at its regular meeting held on the �� day of U'A Q. Y6-)
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COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED `/C"04
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y6
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COUNCIL MEMBER TY PALMER VOTED //``'��
COUNCIL MEMBER TREG BERNT VOTED VC4
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MAYOR TAMMY de WEERD VOTED
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Copy served upon Applicant, Community Development Department, Public Works Department and City
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By: O'hDated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0140 - 3 -
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 1
STAFF REPORT Hearing Date: February 27, 2018
(Continued to March 6, 2018)
TO: Mayor & City Council
FROM: Josh Beach, Associate Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Timberline Subdivision – H-2017-0140
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Bruce Hessing, Bailey Investments, LLC, has submitted an application for a
preliminary plat (PP) consisting of fifty eight (58) building lots and seven (7) common lots in the R-8
zoning district for Timberline Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP application with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit C.
The Meridian Planning & Zoning Commission heard these items on November 16, December
21, and January 18 2017. At the public hearing, the Commission moved to recommend
approval of the subject preliminary plat request.
a. Summary of Commission Public Hearing:
i. In favor: Penelope Riley (Applicant’s representative)
ii. In opposition: Dustin Hilgert,
iii. Commenting: Dustin Hilgert
iv. Written testimony: Dustin Hilgert
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. Density of the development
ii. Quality of the homers being used as exhibits
c. Key Issues of Discussion by Commission:
i. Is there sufficient irrigation water for the property?
ii. Number and location of amenities.
iii. Location of the open space for the development
iv. A large portion of the open space will be placed in a temporary turn-around for the
project.
v. Phasing for the amenities.
vi. Getting a crossing across Victory Road with the first phase.
vii. Whether or not to stub a road to the southeast of the property.
viii. Discussion on requiring a pathway on the south side of the property.
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.7 to read s follows: The applicant shall construct a stub
sidewalk from the west property line eastward to an alignment with the sidewalk on
the east side of Stoddard Road so as to provide a location for safely crossing to the
east side of Stoddard from the south side of W. Victory Road. Add condition 1.1.8 to
Meridian City Council Meeting Agenda March 20, 2018 – Page 229 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 2
read as follows: The applicant shall construct the entire landscape buffer and
sidewalk along W. Victory Road with the first second phase of development.
ii. Remove condition 1.1.4.
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on February 27, 2018 and March 6, 2018. At the
public hearings, the Council moved to approve the Preliminary Plat request.
a. Summary of City Council Public Hearing:
i. In favor: Penelope Riley (Applicant’s Representative)
ii. In opposition: Fred Tillman,
iii. Commenting: Fred Tillman, Becky McKay
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Warren Stewart, Joe Bongiorno, Caleb Hood
b. Key Issues of Discussion by Council:
i. Size and location of open space and amenities
ii. Whether or not to require a play structure for the development.
iii. Whether the city has the ability to restrict the height of the proposed homes in order to
preserve a view.
iv. Is there sufficient open space for the development?
c. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2017-0140, as presented in the staff report for the hearing date of
December 21, 2017, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2017-0140, as presented during the hearing on December 21, 2017, for the
following reasons: (Add any proposed modifications).
Continuance
I move to continue File Number H-2017-0140 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 at 655 and 735 W. Victory Road, in the NE ¼ of Section 25, Township 3
North, Range 1 West.
B. Owner/Applicant:
Merle and F. Laverne Hansen Trust Connie Tewalt
2338 W. Bounder Bar Drive 735 W. Victory Road
Meridian, ID 83646 Meridian, ID 83642
C. Representative:
Penelope Riley, Riley Planning Services
Meridian City Council Meeting Agenda March 20, 2018 – Page 230 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 3
P. O. Box 405
Boise, ID 83701
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is a preliminary plat. A public hearing is required before the Planning &
Zoning Commission and City Council on this matter a, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: October 27, 2017 (Commission); February 2, 2018
(Council)
C. Radius notices mailed to properties within 300 feet on: October 20, 2017 (Commission); February
2, 2018 (Council)
D. Applicant posted notice on site(s) on: October 27, 2017 (Commission); February 16, 2018
(Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The property consists of rural residential property zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family homes in the Bear Creek Subdivision, zoned R-8.
2. East: Rural residential property, zoned R-8.
3. South: Single-family residential property in the Kentucky Ridge Estates Subdivision and
Biltmore Estates Subdivision, zoned R-4.
4. West: Single-family residential property in the Kentucky Ridge Estates Subdivision, zoned
R-4.
C. History of Previous Actions:
1. In 2013, the property was annexed and zoned as part of a City initiated annexation from RUT
to entirely R-8 (AZ-13-014, DA Instrument # 114007668).
D. Utilities:
1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed
development currently exist adjacent to the proposed development.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist adjacent to the proposed development.
3. Issues or concerns: Applicant shall be required to loop the proposed water system to the
existing water mains adjacent to the proposed development.
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This project does not lie within the Meridian Floodplain Overlay District.
Meridian City Council Meeting Agenda March 20, 2018 – Page 231 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 4
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 may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre.
The applicant proposes to develop the site with 58 single-family residential lots and 7 common lots.
The gross density of the proposed plat is 3.41 d.u. per acre with a net density of 5.554 d.u. per acre,
which falls within the target density of the MDR designation. Staff is of the opinion that the proposed
density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent
residential uses are zoned R-8 and R-4, and this would be consistent not only with the surrounding
neighborhoods, but also with the comprehensive plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
1. “Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B)
If approved, the proposed single-family dwellings would contribute to the variety of housing
types available within the City, consistent with the surrounding residential developments.
2. ”Require usable open space to be incorporated into new residential subdivision plats.”
(3.07.02A)
The applicant has revised the plat since the original proposal and staff has not evaluated the
landscaping to ensure compliance with the UDC. At least 10 days prior to the City Council
hearing, the applicant shall provide a revised landscape plan to ensure compliance with the
UDC.
3. “Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity.” (3.07.02C)
The preliminary plat shows a five foot sidewalk that would connect the proposed development
to the Biltmore Estates Subdivision to the south as well as a detached sidewalk along W.
Victory Road in accord with UDC standards. Staff also recommends that the applicant
construct a 5-foot detached sidewalk along Victory Road with the first phase of development.
4. “Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
5. “Provide housing options close to employment and shopping centers.” (3.07.02D)
Because of its location in close proximity to employment and shopping centers along S.
Meridian Road, this property is ideal for additional housing options.
7. “Encourage infill development.” (3.01.02B)
The subject property is surrounded by property that has been developed with single family
homes. This property has been under-developed for many years and is near existing single-
family residential properties which makes it a good candidate for quality infill
redevelopment.
Based on the above analysis, staff finds that the proposed development is consistent with the
Comprehensive Plan and recommends approval.
Meridian City Council Meeting Agenda March 20, 2018 – Page 232 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 5
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, 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. The medium-
high density residential (R-8) district allows a maximum gross density of 8 dwelling units per
acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-
family detached dwellings is principally permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-6 for the R-8 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-6 for the R-8 zoning district.
E. 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:
Preliminary Plat: The proposed plat consists of fifty-eight (58) building lots and seven (7)
common lots on 17.3 acres of land in the R-8 zoning district (see Exhibit A.2). The gross density
for the subdivision is 3.41 d.u./acre. The average lot size is 8,490 square feet. All of the proposed
lots comply with the dimensional standards of the UDC. The recorded development agreement
for the subject property requires 10,000 square foot lots adjacent to the Kentucky Ridge
Subdivision.
Existing Structures: There are several existing structures on the site that will be demolished as
part of this project.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-6 for the R-8 district. Staff has reviewed the proposed plat and
found it to be in compliance with the R-8 dimensional standards.
Block Length: The plat is required to comply with the block length standards listed in UDC 11-
6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the
aforementioned standards.
Phasing: The phasing plan as presented by the applicant indicates the first phase of the
development will come from the south and that the second phase will include the Victory
Road frontage. In an effort to ensure that pedestrian connectivity in the area occurs sooner
rather than later, staff is requiring the applicant to construct the landscape buffer and
sidewalk along W. Victory Road with the first phase of development.
Access: Vehicular access is proposed for this site via one access to W. Victory Road and on to
the stub street to the south (S. Bear Claw Avenue). The applicant is also proposing two additional
stub streets to the parcel to the east that will connect to future development (W. Cumberland
Drive and S. Winnipeg Ave.).
Meridian City Council Meeting Agenda March 20, 2018 – Page 233 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 6
Streets: The proposed internal streets depicted on the plat are public streets. A total of 50-feet of
right-of-way is proposed for the internal streets.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct 5-foot wide attached sidewalk along internal streets and a 5-foot
detached sidewalk along the entire frontage of W. Victory Road in accord with UDC standards
Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site.
Fencing: Any existing and proposed fencing for the development shall be included on either a
site plan or landscape plan and shall comply with the standards listed in UDC 11-3A-6B and 11-
3A-7.
Easements: There are several lots that are encumbered by an existing easement. Any existing
utility mains crossing this property that are no longer in use or needed, must be abandoned, and
any associated easements will need to be released/relinquished.
Open Space: A minimum of 10% qualified open space is required to be provided for this
development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (17.3
acres), a minimum of 1.73 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B. Since the application was submitted, the applicant has revised the plat and has
not yet submitted a revised landscaping plan with the revised open space calculations. At least 10
days prior to the City Council hearing the applicant shall submit a revised landscape plan to the
City to ensure compliance with UDC requirements.
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C.
Based on the area of the preliminary plat (21.02 acres), a minimum of 2 qualified site amenities
are required to be provided. The applicant proposes to provide a tot lot, a half-court basketball
court and a section of the City’s regional pathway. A detail of the play equipment for the tot lot
should be submitted with the final plat application.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15. The applicant is proposing to use
City’s domestic water as irrigation, however as noted in UDC 11-3A-15.C, the applicant has not
provided a waiver of requirements from the irrigation district of proof that they do not have water
rights. Use of the City’s domestic water as irrigation shall be a last option in providing irrigation
water to a proposed development.
Building Elevations: The applicant is proposing to construct single-family detached homes.
The applicant has submitted conceptual sample building elevations for future homes in this
development, included in Exhibit A.4. Building materials appear to consist of a mix of variety of
wood siding, cultured stone and/or masonry with architectural shingles.
In accord with the Findings contained in Exhibit C, Staff recommends approval of the proposed
preliminary plat request for this site. Staff has included comments and recommended conditions
from other City departments in Exhibit B of this report.
X. EXHIBITS
A. Drawings/Other
Meridian City Council Meeting Agenda March 20, 2018 – Page 234 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 7
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 12/7/17)
3. Revised Phase 1 Exhibit (dated: 1/8/18)
4. Proposed Landscape Plan (dated: 10/11/17)
5. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda March 20, 2018 – Page 235 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 9
A. Drawings
1. Vicinity Map
Meridian City Council Meeting Agenda March 20, 2018 – Page 236 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 10
2. Proposed Preliminary Plat (dated: 12/7/17)
Meridian City Council Meeting Agenda March 20, 2018 – Page 237 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 13
3. Revised Phase 1 Exhibit (dated: 1/8/18)
Meridian City Council Meeting Agenda March 20, 2018 – Page 238 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 14
4. Proposed Landscape Plan (dated: 10/11/17)
Meridian City Council Meeting Agenda March 20, 2018 – Page 239 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 15
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Exhibit A
Timberline Subdivision H-2017-0140 PAGE 16
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Exhibit A
Timberline Subdivision H-2017-0140 PAGE 17
5. Conceptual Building Elevations
Meridian City Council Meeting Agenda March 20, 2018 – Page 242 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 18
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Exhibit A
Timberline Subdivision H-2017-0140 PAGE 19
Meridian City Council Meeting Agenda March 20, 2018 – Page 244 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 20
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Applicant shall meet all terms of the approved annexation (AZ-13-014, DA Instrument #
114007668).
1.1.2 The preliminary plat included in Exhibit A.2, dated 12/7/17, shall be revised as follows:
a. The applicant shall provide a master grading and drainage plan for the site with the first final
plat application.
1.1.3 The landscape plan included in Exhibit A.3, dated 9/11/17, shall be revised as follows:
a. The applicant shall provide a revised landscape plan prior to the Planning and Zoning
Commission hearing.
b. At least ten (10) days prior to the City Council hearing, the applicant shall provide a revised
landscape plan that provides the required 10% qualified open space and one site amenity as
required by UDC 11-3A-3 and 11-3G-3.
c.a. The buffer width along W. Victory Road shall be measured from the back of curb per UDC
11-3B-7C.1a(2); or, the ultimate curb location as determined by ACHD if future road
widening is anticipated; revise accordingly.
d.b. If there are any existing trees on the site that are to be removed, the applicant should contact
Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation
requirements prior to removal of any trees on the site. Any existing trees proposed to be
retained on-site shall be noted on the landscape plan submitted with a final plat application.
1.1.4 Prior to Commission the applicant shall provide a letter from the applicable irrigation district
stating that the property does not have water rights or provide a pressurized irrigation system as
set forth in UDC 11-3A-15 and 11-3B-6.
1.1.5 Except the public street access to W. Victory Road, direct lot access to W. Victory Road, an
arterial street, is prohibited in accord with UDC 11-3A-3.
1.1.6 Future development of this site shall be generally consistent with the preliminary plat and
building elevations depicted in Exhibit A and the revisions noted in the staff report.
1.1.7 The applicant shall construct a stub sidewalk from the west property line eastward to an
alignment with the sidewalk on the east side of Stoddard Road so as to provide a location
for safely crossing to the east side of Stoddard from the south side of W. Victory Road. The
applicant shall construct the entire landscape buffer and sidewalk along W. Victory Road with the
first phase of development.
1.1.8 The applicant shall construct the entire landscape buffer and sidewalk along W. Victory Road
with the first second phase of development.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2-A-5.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
Meridian City Council Meeting Agenda March 20, 2018 – Page 245 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 21
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks,
street buffers, and mailbox placement.
1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
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 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 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.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 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 11-6B-
7B (if applicable).
Meridian City Council Meeting Agenda March 20, 2018 – Page 246 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 22
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 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 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall be required to extend the 8-inch diameter water main in S. Bearclaw Avenue to
the property line, install a fire hydrant, tee and blowoff for future extension to the south in the
Biltmore Subdivision.
2.1.3 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272
2.1.4 Any existing utility mains crossing this property that are no longer in use or needed, must be
abandoned, and any associated easements will need to be released/relinquished.
2.1.5 24/7 Access to all utility mainlines outside of a public right-of-Way must be ensured by, at a
minimum, constructing a gravel access roadway per Standard Drawing No. G2 of the City of
Meridian Supplemental Specifications to the Idaho Standards for Public Works Construction.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
Meridian City Council Meeting Agenda March 20, 2018 – Page 247 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 23
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
Meridian City Council Meeting Agenda March 20, 2018 – Page 248 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 24
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department did not provide comments on this application.
4. FIRE DEPARTMENT
5.1 The Fire Department did not provide comments on this application.
5.2 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 ½” 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’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” 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.
5.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
5.4 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.
5.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
5.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
Meridian City Council Meeting Agenda March 20, 2018 – Page 249 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 25
5.7 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.
5.8 To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project which serves more than 30 homes, as set forth in International Fire
Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal
measurement of the full development as set forth in International Fire Code Section D104.3. The
applicant shall provide a stub street to the property to the (west/east/north/south).
5.9 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less
than 32’ in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
5. REPUBLIC SERVICES
5.1 Republic Services did not provide comments on this application
6. PARKS DEPARTMENT
6.1 Parks Department has no comments
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 37-feet of right-of-way from centerline of Victory Road abutting the site; and coordinate
with District staff to dedicate sufficient right-of-way from the northwest corner of the site in a
rectangular area to accommodate the future single-lane 3-legged roundabout.
7.1.2 Improve Victory Road with 17-feet of pavement from centerline with 3-foot wide gravel
shoulder, a borrow ditch, and 5-foot wide detached sidewalk; locate the front face of sidewalk a
minimum of 31-feet from centerline of Victory Road abutting the site.
7.1.3 Provide a permanent right-of-way easement for any public sidewalk located outside of the
dedicated right-of-way.
7.1.4 Construct Winnipeg Avenue as a 36-foot street section with rolled curb, gutter, and attached 5-
foot wide sidewalk within 50-feet of right-of-way.
7.1.5 Construct the entrance of Winnipeg Avenue with 2, 20-foot wide travel lanes, an 11-foot wide
median, vertical curb, gutter, and attached 5-foot wide sidewalk within 65-feet of right-of-way.
7.1.6 Construct the remaining internal streets as 33-foot street sections with rolled curb, gutter, and
attached 5-foot wide sidewalk within 47-feet of right-of-way. Provide written fire department
approval for the reduced street sections with submittal of plan review.
7.1.7 Construct cul-de-sacs with minimum 45-foot turning radius at the terminus of Volunteer Place
and Cumberland Drive; and construct a knuckle at the Cumberland/Cumberland Drive
intersection.
7.1.8 Construct a new local street, to intersect Victory Road located approximately 475-feet east of
Stoddard Road. The intersection location as depicted on the preliminary plat is not approved.
Meridian City Council Meeting Agenda March 20, 2018 – Page 250 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 26
7.1.9 Construct all internal local streets to provide a minimum offset of 125-feet from any other street.
7.1.10 Construct a local stub street, Cumberland Drive to the east, located 275-feet south of Victory
Road; and install signage at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE”.
7.1.11 Construct a local stub street, Winnipeg Avenue to the east, located approximately 1,230-feet
south of Victory Road; and install signage at the terminus of the stub street stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE”.
7.1.12 Payment of impacts fees are due prior to issuance of a building permit
7.1.13 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.All proposed irrigation facilities shall be located outside of the ACHD right-
of-way (including all easements). Any existing irrigation facilities shall be relocated outside of
the ACHD right-of-way (including all easements).
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
Meridian City Council Meeting Agenda March 20, 2018 – Page 251 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 27
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Meridian City Council Meeting Agenda March 20, 2018 – Page 252 of 426
Exhibit A
Timberline Subdivision H-2017-0140 PAGE 28
C. Required Findings from Unified Development Code
1. 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;
Council finds that the proposed plat is in substantial compliance with the adopted and
proposed Comprehensive Plan in regard to design and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Council considers comments from the public service providers (i.e., Police, Fire, ACHD,
etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. Council
considers any public testimony that may be presented to them when determining whether
or not the proposed subdivision may cause health, safety or environmental problems of
which Council is unaware.
f. The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore,
Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
considers any public testimony that may be presented to determine whether or not the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which Council is unaware.
Meridian City Council Meeting Agenda March 20, 2018 – Page 253 of 426