CC - Hill's Century Farm Subdivision-Pathway Lighting-H-2016-0103 Mayor Tammy de Weerd
E IDIAN: City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milani
IDAHO Ty Palmer Anne Little Roberts
September 28,2016
Van Elg
Brighton Corporation
12601 W. Explorer Drive, Suite 200
Boise, ID 83713
RE: Hill's Century Farm Subdivision—Pathway Lighting(H-2016-0103)
Dear Mr. Elg:
This letter is to confirm that the Director approved your request for a waiver to UDC 11-3A-8H,
which requires all pathways through internal common areas to be illuminated with a four foot tall
bollard style or other appropriate lighting source, unless otherwise waived by the Director. The
Director has approved this request as an amendment to the UDC is currently in process to remove
this requirement.
The Applicant, Director, or a Party of Record may request City Council review of a decision of the
Director. All requests for review shall be filed in writing with the Planning Division of the
Community Development Department on or before October 14, 2016,within fifteen (15) days after
the written decision is issued, and contain the information listed in Unified Development Code
(UDC) 11-5A-6B.
If City Council review of the decision is not requested,the action of the Director represents a final
decision on a land use application. You have the right to request a regulatory taking analysis under
Idaho Code 67-8003.
Thank you for contributing to the success of Meridian. Please help us serve you better in the future.
Visit our web-site at www.meridiancity.org/Planning/to fill out a comment card and give us
feedback on how we are doing.
Si cer ly,
Caleb Hood, A CP
Planning Division Manager
CH:sa
Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org
BRIGHTON
CORPORATION
September 9, 2016
Caleb Hood,Planning Manager
Community Development Services
Meridian City Hall
Meridian, ID 83642
Re: Century Farm Subdivision Phases 3 and 5. (Waiver—Pathway Bollard Lighting)
Dear Caleb,
As requested, we are resubmitting the requested Waiver of the Bollard Lighting requirements
for Century Farm Subdivision No.3(originally submitted April 20th, 2016, attached).
Along with this resubmittal, we also request a similar administrative waiver of the Pathway
Bollard Lighting requirement for the recently approved Century Farm Subdivision No.5–a
fifty-six (56) lot phase that includes 48 single-family lots and 8 common/open space lots.
Related Applications/Development Agreement
Annexation/Zoning: AZ-14-012
Preliminary Plat: PP-14-014 (CC Approved Nov 25, 2014).
Development Agreement:Inst. #2015-003138
Final Plat Applications: FP H-15-023 and FP H-2016-0103
As previously noted, the common areas and amenities proposed for these phases include the
landscape buffers along Eagle Road,the micro-path connection from S. Palatino to Eagle
Road (Phase 3), a "green" spaces, and the subject multi-use pathway corridor along Ten Mile
Creek.
The pathway easement for Phase 3 has been recorded and will soon be submitted for Phase 5.
The multi-use pathway has been constructed in Phase 3 and will soon be extened in Phase 5.
All required landscaping will be constructed in the near future; however, with regard to this
pathway, we have identified and discussed our concern in Site Specific Conditions of
approval#8b (Phase 3) and similarly in#6g(Phase 5)which states, "Depict 4-foot tall
bollard style or other appropriate lighting source along the multi-use pathway adjacent to
Ten Mile Creek." Note that this is a reference to Meridian City Code"11-3A-8: Pathways";
however, it specifically allows the director to waive this requirement. (Ord. 13-1555, 5-14-
2013).
While we understand that this lighting may be desirable,there are a number of concerns:
1. The pathway and associated easement are clearly within the established easement for
the Ten Mile Creek. The perpetual access and maintenance of the Ten Mile Creek,
12601 W. Explorer Drive,Suite 200, Boise,ID 83713 www.BrightonCorp.com 1208.378.4000 ( Fax: 208.377.8962
within this and other like easements, is essential,restrictive, and cannot be inhibited
by vegetation or other structures. As you know, landscaping and other such
improvements have been a long-standing concern of irrigation districts, boards, and
associations,etc.
2. As discussed with city staff, since the adoption of this ordinance there have been few,
if any,such requirements or installations of bollard lighting throughout the City along
Multi-Use pathways or within similar residential developments. We believe the intent
was more clearly aimed at potential lighting needs of internal micro-paths,etc.
3. Note that while most of the multi-use pathway can be viewed from the street, a
reasonable solution may be to simply post "hours of use"—much like any other public
park.
4. As identified in the ordinance, it is the opinion of our designers that the depiction,
quantity, and placement of the bollards remain ambiguous and subjective.
5. Note also that the development of the property to the south of Century Farm has not
yet been approved. The development of this property may also lend some future
clarity into the nature, use, access, and visibility of this path...and the relation to other
micro-pathways.
We believe that it is most appropriate for the City (including Parks & Recreation)to identify a
long-term and consistent solution to the above-noted ordinance. We also understand that this
issue may be addressed in upcoming UDC updates. Any identified or potential conflicts
(particularly regarding the much larger issue of multi-use pathways)can then be addressed via
appropriate methods of identification, installation, operation, and maintenance of these
additional pathway facilities and as may be agreed to with local irrigation districts,etc. Of
course, the on-going acquisition of easements and construction of the pathways will continue
to aid in this process and the future goals of the City of Meridian (see Meridian Pathways
Network Map, 5/2015). We would be happy to participate and assist in the discussion
regarding any future resolutions and/or implementation.
As allowed by the City of Meridian, we hereby request a waiver of the requirement to
"depict" or provide lighting along the length of this multi-use pathway—and more
specifically to Specific Conditions of Approval#8b (Phase 3)and#6g(Phase 5).
Please let us know if you have questions, or require additional information.
Brighto Development
Van
Planning Manager
12601 W.Explorer Drive,Suite 200,Boise, ID 83713 ( www.BrightonCorp.com 1208.378.4000 I Fax: 208.377.8962
BRIGHTON
CORPORATION
April 20, 2016
Caleb Hood,Planning Manager
Community Development Services
Meridian City Hall
Meridian, ID 83642
Re: Century Farm/Century Farm No. 3. (Waiver Request—Bollard Lighting)
Dear Caleb,
We are in the process of completing the final plat(mylar) application for"Century Farm No.
3 Subdivision,"the thirty-nine (39) single-family lot, five (5) common lot,third phase of the
Century Farm Subdivision preliminary plat that was approved by the City of Meridian.
Related Applications/Development Agreement
Annexation/ Zoning: AZ-14-012
Preliminary Plat: PP-14-014 (CC Approved Nov 25, 2014).
Development Agreement:Inst.#2015-003138
As previously noted, the common areas and amenities proposed for this small phase are the
landscape buffer along Eagle Road, the micro-path connection from S. Palatino to Eagle
Road, a"green" space, and a pathway corridor along Ten Mile Creek.
The City recently approved the required pathway easement. Consequently, the multi-use
pathway and landscaping will be constructed in the near future; however, with regard to this
pathway, we have recently identified a concern in Site Specific Condition of approval#8b,
which states, "Depict 4-foot tall bollard style or other appropriate lighting source along the
multi-use pathway adjacent to Ten Mile Creek." Note that this is a reference to Meridian
City Code "11-3A-8: Pathways"; however, it specifically allows the director to waive this
requirement. (Ord. 13-1555,5-14-2013).
While we understand that this lighting may be desirable, there are a number of concerns:
1. The pathway and associated easement are clearly within the established easement for
the Ten Mile Creek. The perpetual access and maintenance of the Ten Mile Creek,
within this and other like easements, is essential,restrictive, and cannot be inhibited
by vegetation or other structures. As you know, landscaping and other such
12601 W Explorer Drive,Suite 200, Boise, ID 83713 I www.BrightonCorp.com 1208 378.4000 I Fax 208.377.8962
improvements have been a long-standing concern of irrigation districts, boards, and
associations, etc.
2. As discussed with city staff, since the adoption of this ordinance there have been few,
if any, such requirements or installations of bollard lighting throughout the City along
Multi-Use pathways or within similar residential developments. We believe the intent
was more clearly aimed at potential lighting needs of internal micro-paths,etc.
3. Note that while most of the multi-use pathway can be viewed from the street, a
reasonable solution may be to simply post "hours of use"—much like any other public
park.
4. As identified in the ordinance, it is the opinion of our designers that the depiction,
quantity, and placement of the bollards remain ambiguous and subjective.
5. Note also that the development of the property to the south of Century Farm has not
yet been approved. The development of this property may also lend some future
clarity into the nature, use, access,and visibility of this path...and the relation to other
micro-pathways.
We believe that it is most appropriate for the City (including Parks &Recreation) to identify a
long-term and consistent solution to the above-noted ordinance. Any identified or potential
conflicts (particularly regarding the much larger issue of multi-use pathways) can then be
addressed via appropriate methods of identification, installation, operation, and maintenance
of these additional pathway facilities as they see fit and as may be agreed to with local
irrigation districts, etc. Of course, the on-going acquisition of easements and construction of
the pathways will continue to aid in this process and the future goals of the City of Meridian
(see Meridian Pathways Network Map, 5/2015). We would be happy to participate and assist
in the discussion regarding any future resolutions and/or implementation.
As allowed by the City of Meridian, we hereby request a waiver of the requirement to
"depict" or provide lighting along the length of this multi-use pathway—and more
specifically to Specific Condition of Approval#8b.
Please let us know if you have questions,or require additional information.
,r
For .ghton Investment, LLC
it --
r.
Van ;....
g
Planning Manag=r
12601 W. Explorer Drive Suite 200, Boise, ID 83713 I www BrightonCorp.corn 1208,378 4000 i Fax 208 3/7 8962