Timberline North Subdivision No. 2 H-2022-0024 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- ,
AND DECISION&ORDER ,
In the Matter of the Request for Combined Preliminary and Final Plat for 33 single-family
residential building lots and 4 common lots on 9.8 acres of land in the R-8 zoning district for the
purpose of subdividing phase 2 of the Timberline Subdivision(H-2017-0140,DA# 114007668)that
has since expired,by Penelope Riley,Riley Planning Services.
Case No(s).H-2022-0024
For the City Council Hearing Date of: May 24,2022 (Findings on June 7, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 24, 2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 24,2022, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 24, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 24,2022,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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Timberline North PFP—FILE#H-2022-0024) - 1 - Page 231
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 24,2022, 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 Combined Preliminary and Final Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of May 24,2022,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 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Timberline North PFP—FILE#H-2022-0024) -2-
Page 232
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of May 24, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Timberline North PFP—FILE#H-2022-0024) -3- Page 233
By action of the City Council at its regular meeting held on the 7th day of June
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 6-7-2022
Attest:
Chris Johnson 6-7-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-7-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Timberline North PFP—FILE#H-2022-0024) -4- Page 234
item#12. EXHIBIT A
E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 5/24/2022 R74'
Legend
DATE: R�8
Project Location C_G
0
TO: Mayor&City Council \RUT RT81
FROAM: Joseph Dodson,Associate ° R.=4 R=4�
Planner R1
208-884-5533
SUBJECT: H-2022-0024 ® RUT R-15
Timberline North(Timberline
No. 2)PFP
R-8
LOCATION: The site is located at 655 and 735 R=4 R-8
W. Victory Road,in the NE1/4 of RUT
Section 25, Township 3N.,Range
1 W. IM 0
-RUT IR�8, RUT R-15 " RUT
I. PROJECT DESCRIPTION
Combined Preliminary and Final Plat for 33 single-family residential building lots and 4 common lots
on 9.8 acres of land in the R-8 zoning district for the purpose of subdividing phase 2 of the
Timberline Subdivision(H-2017-0140,DA# 114007668)that has since expired.
II. SUMMARY OF REPORT
A. Applicant:
Penelope Riley,Riley Planning Services—PO Box 405,Boise,ID 83701
B. Owner:
Mark Bailey,Bailey Investments— 13501 51"Avenue NE, Marysville, WA 98271
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The subject property, approximately 9.8 acres, was originally platted in 2017 under Timberline
Subdivision(H-2017-0140)but was annexed in 2013 as part of a City initiated annexation from RUT
to the R-8 zoning district (AZ-13-014, DA# 114007668). The approved preliminary plat was to be
completed in two phases. Phase I consists of 24 single-family residential building lots and has been
recorded and fully constructed with homes,open space,etc. Phase 2 received final plat approval for 33
single-family residential building lots and 4 common lots in March 2020 and was set to expire on May
1,2021,two years following the City Engineer's signature of the phase 1 final plat consistent with City
code.Due to unfortunate timing and circumstances,the Timberline No.2 final plat did not receive City
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item#12. EXHIBIT A
Engineer signature by the deadline and no time extension was submitted in accord with UDC standards.
Therefore, the phase 2 final plat expired which subsequently made the original preliminary plat
approved in 2017 expire. The Applicant is required to re-plat the phase 2 area in order record phase 2
of the final plat.
Currently phase 2 of the development is constructed per the previous approval including the open space,
fencing, utilities, sidewalks, and public roads. Because the all of the subdivision improvements are
constructed, the Applicant has submitted the previously approved final plat documents from the
previous application and an Alternative Compliance(ALT)application to allow the existing open space
approved with the original submittal to remain as is without requiring the plat to comply with the current
open space and amenity standards. Due to the unique circumstances behind the expiration of the plat
and the fact that the improvements are all done, staff believes additional open space and amenities are
not necessary. Below is staff s analysis the ALT request.
PLAT DATA:
The two phases of Timberline Subdivision totaled 57 single-family residential building lots on
approximately 17.3 acres of land. The subject phase 2 area proposes 33 building lots and 4 common
lots on 9.8 acres which constitutes a gross density of 3.26 du/ac for this phase,consistent with previous
approvals and the comprehensive plan designation of Medium Density Residential (MDR). 33-foot
wide local streets with 5-foot wide attached sidewalks are constructed throughout the development
which allows for on-street parking where no driveways are present. The subject plat contains
approximately 0.7 acres of qualified open space(common lots and half of the Victory Road buffer)and
the overall Timberline Subdivision is approved for approximately 1.9 acres of qualified open space
which amounts to approximately 11%, above the previous requirement to provide a minimum of 10%
qualified open space. The amenities exist within the phase 1 area and include a child's play structure
and play area and a shaded picnic area. Because the submitted plans match the previously approved
phase 2 final plat,Staff has included those previous conditions of approval as the conditions of approval
for this application. Public Works has no comments on the subject application as all improvements
have been constructed in accord with the approved construction drawings.
Staff finds the proposed combined preliminary/final plat meets all UDC dimensional standards
and is consistent with the Comprehensive Plan as previously approved.
ALTERNATIVE COMPLIANCE FINDINGS (UDC 11-5B-M:
Applicant is requesting Alternative Compliance to the Common Open Space & Amenity standards
outlined in UDC 11-3G-3 which require projects within the R-8 zoning district to have a minimum of
15% qualified open space. As discussed, the proposed combined preliminary/final plat is for an area
that has received previous preliminary and final plat approvals but did not receive final plat signature
prior to the plat expiring despite having all open space, roadways, sidewalks, and utilities fully
constructed. Because of the described circumstances, Staff recommends approval of the Alternative
Compliance request because strict adherence of the requirements is not feasible as described below.
Specific findings to the subject request are as follows:
1. Strict adherence or application of the requirements are not feasible; or
Staff finds strict adherence of the open space and amenity requirements is physically feasible
but would be burdensome on the Applicant to comply because the development's foundation
of roadways and utilities are already in place for both phase I and phase 2 of the project
area. Requiring additional open space to meet the minimum 15%overall would require the
loss of building lots to add approximately 0.7 acres of additional qualified open space. Staff
does not find strict adherence to this standard necessary as the building lots within this phase
of Timberline have an average lot size of approximately 8,000 square feet(minimum lot size
for R-4 zoning district)which allow for larger private yards for recreation. Furthermore, the
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item#12. EXHIBIT A
phase I area contains a large open space lot linked with adjacent open space in the Jocelyn
Park Subdivision to the east where all Timberline residents would be able to enjoy and utilize
open space.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The alternative means does not exceed the minimum open space requirements of the current
open space code but Staff finds the previous approvals for approximately 11%qualified open
space overall to be an equal means of meeting the requirements when all development
criteria are taken into account: lot sizes,pedestrian access, adjacent open space, and area of
open space lots in phase 1.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of surrounding properties.
Staff finds the proposed open space will not be materially detrimental to the public welfare or
impair the intended uses and character of surrounding properties.
The Director has granted approval of the subject Alternative Compliance request per the findings
above.
IV. DECISION
A. Staff:
Staff recommends approval of the subject combined preliminary/final plat per the conditions of
approval in Section VI and the findings in Section VII and the Director has approved the alternative
compliance request per the Findings above.
B. The Meridian Planning&Zoning Commission heard these items on May 5, 2022.At the public
hearing,the Commission moved to recommend approval of the subject Combined Preliminary
and Final Plat request.
1. Summary of Commission public hearing:
a. In favor: Penelope Constantikes,Applicant Representative;
b. In opposition:None
c. Commenting: Penelope Constantikes;
d. Written testimony: Justin Bell—Issues with rezoning andproperty from R-4 to R-8 (not
part of application,property already zoned R-8).
e. Staff presenting application: Joseph Dodson,Associate Planner.
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. None
3. key issue(s)of discussion by Commission:
a. What is the location,accessibility, and amount of open space previously approved;
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. None
C. The Meridian City Council heard these items on May 24,2022.At the public hearing.the Council
moved to approve the subiect Combined Preliminary and Final Plat request.
1. Summary of the City Council public hearing:
a. In favor: Penelope Constantikes,Applicant Representative
Page 3
Page 237
item#12. EXHIBIT A
b. In opposition: None
c. Commenting: Penelope Constantikes
d. Written testimony:None since commission hearing.
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Clarification on type of application before Council and its context with previous
approvals:
b. How close are the previous approvals and submitted plat—they are identical.
4. City, Council change(s)to Commission recommendation:
a. None
Page 4
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item#12. EXHIBIT A
V. EXHIBITS
A. Approved Preliminary Plat(December 2017)
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Page 5
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item#12. EXHIBIT A
B. Combined Preliminary/Final Plat(stamp date: January 12,2022)
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ttem#12. EXH I BIT A
C. Landscape Plan(dated: January 2020)
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Page 8
Page 242
item#12. EXHIBIT A
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Page 9
Page 243
item#12. EXHIBIT A
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Page 10
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ttem#12. EXH I BIT A
VI. CONDITIONS
A. Planing Division Conditions
1. The applicant shall comply with all applicable conditions of approval associated with this site
(AZ-13-014 and recorded development agreement instrument#114007668).
2. The preliminary/final plat approval shall be null and void if the Applicant fails to either: 1)
Obtain City Engineer's signature on the plat within two years from the day City Council grants
approval of the Findings of Fact, Conclusions of Law for this project,Timberline North
(Timberline No. 2); or, obtain approval for a time extension in accord with UDC 11-6B-7.
3. The final plat prepared by Sawtooth Land Surveying,LLC,with a stamped date of jaattafy 12,
2-0�May 2, 2022, is approved as submitted. shag fellows be ro ea t the time of FinalUl t
a. Note#5 shall be eeffeeted te show read"...Title !! ef Mer-idia-ff City Code..."instead ef
"Title 11..."
e. Add AC14D RAW Instpdmen4 number-on final plat where ultiffla4e right of way is shown.
4. The submitted landscape plan prepared by Stack Rock Group,with a stamped date of May 2
2022, is approved as submitted. dated 01,114 2020 shall be revised as follows ..t the time of Final
a. With stibmittal of the final plm My4af appliemien,the applieafA shall provide a r-&vise
unimpr-eved street 6&of way is ten feet if the
) or-grea4er-from the edge of pavement to edge
of sidewalk or-property
the developer-shall maif4ain a ten feet
�1 ' 1
remaifider witttz-a'V n vi ether vegetative gfound eeven (O-.a 16 1672,2 16 ."'hliJ
5. Four(4)type 1 streetlights are required along W.Victory Road. Davit poles may be used if there
are conflicts with overhead power lines.
6. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, at(208) 887-1620 for more information.
7. Staff s failure to cite specific ordinance provisions or conditions from previous approvals does not
relieve the applicant of responsibility for compliance.
8. The applicant shall construct single family detached dwellings in accord with the recorded
development agreement.
9. The rear and/or sides of homes abutting all arterial and collector roadways shall incorporate
articulation through changes in two or more of the following: modulation(e.g. projections,
recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other
integrated architectural elements to break up monotonous wall planes and roof lines that are
visible from the subject public street. Single-story structures are exempt from this requirement.
10. Future development shall be consistent with the minimum dimensional standards listed in UDC
Table 11-2A-6 for the R-8 zoning district.
11. Prior to release of Certificate of Occupancy by the Planning Division,the plat shall be recorded.
Page 11
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item#12. EXHIBIT A
12. The Director approved alternative compliance in accord with UDC 11-5B-5 regarding the
common open space and amenity standards outlined in UDC 11-3G-3 & 11-3G-4.
B. Ada County Highway District(ACHD)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=260030&dbid=O&roo=MeridianC
i &cr--1
C. Nampa&Meridian Irrigation District(NMID)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=259180&dbid=0&repo=MeridianC
Lty
D. Boise Project Board of Control(BPBC)
https:llweblink.meridianciV.orglWebLinkIDocView.aspx?id=258882&dbid=0&repo=MeridianC
ky
E. Department of Environmental Quality(DEQ)
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=259062&dbid=0&repo=MeridianC
ky
Page 12
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ttem#12. EXH I BIT A
VIL REQUIRED FINDINGS
A. In consideration of a preliminary plat, combined preliminary and final plat,or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the comprehensive plan and is consistent with this
Unified Development Code;
Council finds the proposed combined preliminary and final plat is consistent with the
comprehensive plan and the UDC as outlined in Section IV of this report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds public services are already in place and activated for this development;
therefore,public services are adequate to accommodate the development.
3. 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 are already in place and have been
provided by the development at their own cost, Council finds that the subdivision will not
require the expenditure of capital improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc). (See public record for more information).
5. The development will not be detrimental to the public health, safety or general welfare;
and
Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural,scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist on this site
that require preserving.
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