CC- Response from Applicant1
APPLICANT RESPONSE
TM Crossing Subdivision (FP H-2016-00099) Conditions of Approval
August 18, 2016
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall comply with all previous conditions of approval associated with this development (CPAM-
12-001; AZ-12-005, Development Agreement #114002254), PP-12-003; TED-14-001; H-2016-0054).
Applicant Response: Concur, with clarification: The reclaimed water requirement cited in proposed Site-
Specific Conditions 10 and 11, below—and which we propose to modify/delete—stems from a conflict
between conditions 2.4 and 2.17 of the original project approval as incorporated into the development
agreement. The former cites the MCC 12-13-8.3 requirement “to use any existing surface or well water for
the primary [irrigation] source,” whereas the latter states that the client “agrees to utilize…reclaimed
water as the primary water supply source.”
This issue was discussed with the Council during the original project approval hearings in 2012, with a
commitment to consider the option, but without agreement to use reclaimed water given the uncertainty of
the source—which still exists—and the Idaho Code 67-6537 requirement to use “surface water, where
reasonably available, as the primary source for irrigation.”
Thus, compliance “with all previous conditions of approval” requires resolution of the cited conflicts and
final determination by the Council of the “primary” irrigation source.
2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of Director
approval of the preliminary plat time extension (TED-14-001), by October 2, 2016, or apply for another
time extension, in accord with UDC 11-6B-7.
Applicant Response: Concur
3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying
acknowledgement signed and notarized.
Applicant Response: Concur
4. The final plat included in Exhibit C prepared by The Land Group Horrocks Engineers, stamped on 7/20/16 by
Lawrence H. Koerner, shall be revised as follows:
a. Note #8: Include the recorded instrument number of the ACHD License Agreement.
b. Note #9: Include lot and block numbers.
c. Note #13: Include the instrument number for the development agreements (#114002254 & 2016-062220).
d. Note #14: Correct the typo, “. . . S. Vanguard Waty . . .”
Applicant Response: Concur, as corrected
5. The landscape plan included in Exhibit D prepared by Baer Design Group, LLC, dated 5/6/16, shall be
revised as follows:
a. A 20-foot wide street buffer is required along collector streets; and a 10-foot wide buffer is required along
local streets per UDC Table 11-2B-3, planted in accord with the standards listed in UDC 11-3B-7C. The
buffer and sidewalk required adjacent to the northern off-site portion of S. Vanguard Way will be
provided by the adjacent property owner upon development.
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b. Include a calculations table demonstrating compliance with UDC standards (Table 11-2B-3, 11-3A-17E
and 11-3B-7C) including the following: 1) Width of street buffers, lineal feet of street frontage, and
number of street trees; 2) Width of parkways, lineal feet and number of street trees; and 3) tree class.
Applicant Response: Concur
6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the
Applicant of responsibility for compliance.
Applicant Response: Concur
7. Up to three (3) building permits are allowed to be obtained in this phase prior to recordation of the final plat
per the amended development agreement (#2016-062220).
Applicant Response: Concur
8. The easements for the Purdam Drain and Taylor Drain shall be vacated prior to signature on the final
plat by the City Engineer per requirement of the preliminary plat.
Applicant Response: Concur
9. The developer shall design the roundabout at the north boundary of the site so that right-of-way (ROW)
boundaries are determined but design and construct the road without the roundabout, including interim
connections to service drives; and dedicate ROW on the subject property for the future roundabout and submit
funds to ACHD for the construction cost of the roundabout, less design costs, and design and construction
costs for the interim street section. At the time the property owner to the north plats any portion of the
adjacent property, that owner would be obligated to construct a full roundabout, including modifications to
any interim access points, per requirement of the preliminary plat.
Applicant Response: Concur (For information only: Negotiations currently underway with the owner of
the property to the north may result in moving the roundabout location to his property)
10. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water
(MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees
to use the City of Meridians recycled water supply as the primary secondary source of irrigation water if the
City is able to provide assurance said source is available, reliable, and sufficient for all phases of the project.
Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is
not available. Once development plans have been submitted to the city for review, the city will model the
recycled water system and make a final determination regarding our ability to supply reclaimed water to the
development. If the city can serve the development with recycled water then recycled water must be utilized
as the primary source of irrigation water and a secondary or backup source must also be provided. If the city
can’t serve the development then the primary source of irrigation water should come from surface water
irrigation sources if available.
11. The applicant shall be responsible to construct the recycled irrigation system in accordance with Department
of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of
Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction.
These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may
be able to provide surface water to the development.
Applicant Response: The conflict between the original project conditions cited in the Applicant Response
to Site-Specific Condition #1, above, remains in proposed Site-Specific Conditions 10 and 11 and General
Requirements Condition #23 (Original Condition #2.4); for ease of comparison, Condition #23 follows:
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well
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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 development plan approval.
In anticipation of this issue, we consulted a water rights attorney and the Nampa & Meridian Irrigation
District (NMID) for clarity. The applicable State Code, Section 67-6537 (see page 7), requires the use of
surface water as the primary water source for irrigation, “where reasonably available.” The last page of
this response is NMID’s July 25th letter (in which the applicable State Code section is also cited) addressing
that specific question. The District notes that it has “no agreement with any entity, on the use of reclaimed
water on lands within the district boundaries,” and states that “The surface water supplied by NMID
should be viewed as the primary source for irrigation water to this property.”
Absent an agreement between the City and the District, and the State Code’s “shall be required to use”
mandate, we believe that the City’s reclaimed water must be limited to secondary use—if the City is able
to assure the reliability of the source.
12. Applicant shall be required to complete a looped water system connection via the existing right of way
connection in alignment with W. Verbena Drive, to the existing mainline in W. Waltman Street. This
completion of this looped connection is required prior to the Certificate of Occupancy being issued on the
second building within this phase.
Applicant Response: Concur
13. Developer shall also be responsible for the installation of a water pressure reducing valve (PRV) station per
the 2016 City of Meridian Public Works Design Standards, which will include:
a) Providing a location for the PRV vault, landscape areas are preferred to street installations.
b) Providing and installing a concrete PRV vault per the specifications provided by the Public Works
Engineering Division.
c) Providing and easement for the PRV vault outside of the public right of way.
d) Providing an electrical service to the PRV vault. Coordinate the location and electrical requirements with
the Public Works Engineering Division.
e) Providing conduit run per standard details to a suitable site for an antenna.
f) Stubbing the water mainline to the inside of the vault and installing PVC water pipe between the ductile
iron spools where the PRV valves and appurtenances will be installed by the City at a later date.
The City of Meridian will purchase and install the PRV, interior piping, valves and telemetry equipment
needed to operate the new PRV.
Applicant Response: Concur
VII. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the
development. 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. 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.
Applicant Response: Concur
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2. Water service to this site is available via extension of existing mains adjacent to the development. The
applicant shall be responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
Applicant Response: Concur
3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the
Final Plat for this subdivision shall be recorded, prior to applying for building permits beyond the three (3)
allowed by amended development agreement #2016-062220.
Applicant Response: Concur, as modified
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall
provide a written certificate of completion as set forth in UDC 11-3B-14A.
Applicant Response: Concur
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,
landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
Applicant Response: Concur
6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%
of the total construction cost for all incomplete sewer, water 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 applicant shall be
required to enter into a Development Surety Agreement with the City of Meridian. 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.
Applicant Response: Concur
7. 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, and water infrastructure for a duration of two years. This
surety amount will be verified by a line item final cost invoicing 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.
Applicant Response: Concur
8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and
landscaping shall be installed and approved, or bonded, prior to obtaining certificates of occupancy, or as
otherwise allowed by UDC 11-5C-1.
Applicant Response: Concur, as modified
9. 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.
Applicant Response: Concur
10. 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.
Applicant Response: Concur
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11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be
required by the Army Corps of Engineers.
Applicant Response: Concur
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
Applicant Response: Concur
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
Applicant Response: Concur
14. 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.
Applicant Response: Concur
15. 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.
Applicant Response: Concur
16. 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.
Applicant Response: Concur
17. 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.
Applicant Response: Concur
18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting
(http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC
and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian
Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street
lighting.
Applicant Response: Concur
19. 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
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RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and
approved prior to development plan approval signature of the final plat by the City Engineer.
Applicant Response: Concur, as modified. The Council approved this text change in its July 5th approval
of Bainbridge Park Subdivision final plat.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be
required by the Environmental Protection Agency.
Applicant Response: Concur
21. 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.
Applicant Response: Concur
22. 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.
Applicant Response: Concur
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water
(MCC 9-1-28.C.1). 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 development plan approval.
Applicant Response: Concur, as modified (see related Site-Specific Conditions #10 and 11, above)
24. 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.
Applicant Response: Concur, with the qualification that the City Council granted a waiver in 2012 to
allow the Purdam and Taylor drains to remain “open” when they were relocated several years ago.
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Barbara Shiffer
From:Sonya Allen
Sent:Friday, August 19, 2016 11:44 AM
To:Mike Wardle; Machelle Hill; Barbara Shiffer; C.Jay Coles; Charlene Way
Cc:Bill Nary; Bruce Chatterton; Caleb Hood; Bruce Freckleton; Bill Parsons; David Turnbull;
Steve Smith (ssmith@hcollc.com); Jon Wardle; Van Elg; Rob Sunderlage
(RobS@horrocks.com); Craig Hilbig (chilbig@hcollc.com) (chilbig@hcollc.com)
Subject:RE: TM Crossing Sub. 1 - FP H-2016-0099 Staff Report for 8/23 Council Mtg
Thanks Mike.
Sonya Allen | Associate City Planner
City of Meridian | Community Development Department
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533|Direct: 208-489-0578|Fax: 208-489-0578
Built for Business, Designed for Living
www.meridiancity.org /community_development.aspx
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Mike Wardle [mailto:mwardle@brightoncorp.com]
Sent: Friday, August 19, 2016 11:42 AM
To: Sonya Allen; Machelle Hill; Barbara Shiffer; C.Jay Coles; Charlene Way
Cc: Bill Nary; Bruce Chatterton; Caleb Hood; Bruce Freckleton; Bill Parsons; David Turnbull; Steve Smith
(ssmith@hcollc.com); Jon Wardle; Van Elg; Rob Sunderlage (RobS@horrocks.com); Craig Hilbig (chilbig@hcollc.com)
(chilbig@hcollc.com)
Subject: TM Crossing Sub. 1 - FP H-2016-0099 Staff Report for 8/23 Council Mtg
All,
The attached Applicant Response to the proposed conditions of approval for TM Crossing Subdivision cites
significant issues for discussion with the City Council at the August 23 rd hearing. Obviously, we will be in
attendance.
Please let me know if you have questions prior to the hearing.
Michael Wardle
Director of Planning
Brighton Corporation
12601 W. Explorer, Suite 200 | Boise, Idaho 83713
Direct 208.287.0512 | Cell 208.863.6150
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From: Sonya Allen [ mailto:sallen@meridiancity.org ]
Sent: Wednesday, August 17, 2016 3:05 PM
To: Barbara Shiffer < bshiffer@meridiancity.org >; C.Jay Coles < cjcoles@meridiancity.org >; Charlene Way
<cway@meridiancity.org >; Machelle Hill < mhill@meridiancity.org >
Cc: Van Elg < velg@brightoncorp.com >
Subject: TM Crossing Sub. 1 - FP H-2016-0099 Staff Report for 8/23 Council Mtg
Attached is the staff report for the proposed final plat for TM Crossing Subdivision No. 1. This item is
scheduled to be on the Council agenda on August 23 rd . The public hearing will be held at City Hall, 33 E.
Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Van - Please submit a written response to the staff report to the City Clerk’s office (mhill@meridiancity.org ,
cway@meridiancity.org , bshiffer@meridiancity.org and myself (e-mail or fax) asap.
Thanks,
Sonya Allen | Associate City Planner
City of Meridian | Community Development Department
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533|Direct: 208-489-0578|Fax: 208-489-0578
Built for Business, Designed for Living
www.meridiancity.org /community_development.aspx
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.