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PZ - Letter from DeveloperTRILOc","r DEVELOPMENT Mr. Josh Beach Mr. Caleb Hood Mr. Bruce Freckleton Mr. Bill Parsons City of Meridian Community Development 33 E. Broadway Avenue Meridian, Idaho 83642 Subject: Rapid Creek Subdivision H-2017-0117 Wetland Delineation Report by the Wetlands Group Dear Community Development Staff: Thank you very much for meeting with Katie Miller, Jane Suggs, and me to discuss the potential wetlands at our proposed Rapid Creek Subdivision on Black Cat Road. During our meeting on Monday, October 23, 2017, we presented you with a copy of the Wetland Delineation Report prepared by The Wetlands Group. The Wetlands Group is comprised of biologists who are experts in the study of wetlands, wetlands preservation and mitigation. They are well known and highly respected within the industry and by the U.S. Army Corps of Engineers. During our meeting, we reviewed the summary in the Wetland Delineation Report that indicates that the site ground water levels have dropped significantly since the irrigation water and agricultural tailwater was cut off in July. The drop in water level, during what is considered to be the high groundwater season, indicates that the hydrology that contributes to the wetlands is no longer available. The Wetland Delineation Report has been submitted to the U.S. Army Corps of Engineers, who will make the final determination on wetlands and the need, if any, for mitigation. As discussed, mitigation can occur either on-site or offsite in a wetland bank. Trilogy Development acknowledges that the Army Corps of Engineers has jurisdiction over the wetland determination. We will willingly comply with the Army Corps of Engineers determination when completed and mitigate off-site, if needed. In any case and most importantly, the plan included in our application package, will not change upon final determination from the Army Corps of Engineers. We respectfully request that our applications for annexation, rezone and preliminary plat be recommended for approval to the City Council. Please do not hesitate to contact me if you have questions about this letter or the Rapid Creek Subdivision project. Sincer ly, haw, Brownlee, Project Manager Trilogy Development, Inc. 9839 W Cable Car St Suite 101 — Boise, Idaho 83709 — Phone (208) 895-8858 — Fax (208) 895- 0714 E IDIAI�i ORANDUM TO: Planning and Zoning Commission FROM: Josh Beach, Associate Planner CC: Bill Nary, City Clerk RE: Rapid Creek Subdivision — H-2017-0117 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts Since the Planning & Zoning Commission hearing on October 5, 2017, the applicant submitted a letter and a wetland delineation report (attached) to the Planning and Zoning Commission. The request from the Planning and Zoning Commission at the October 5, 2017 hearing was to continue file number H-2017-0117 to the hearing date of November 2, 2017 to give the applicant the opportunity to work with the Army Corps to determine the status of the pond and any other "wetlands" on the subject property. The main concern from the Planning and Zoning Commissioners was the potential for a portion of the property to be designated as a wetland. The report by The Wetlands Group clearly shows the requirements for an area to be designated as a wetland; The determination from The Wetlands Group is that with the removal of the irrigation water, that the property no longer meets the groundwater saturation levels to qualify as a wetland. The letter and wetland delineation report were written to submit to the Army Corps of Engineers (ACOE). The report was written by The Wetlands Group, LLC and does not contain a final determination from the ACOE. Ultimately the designation is up to the ACOE, but staff feels comfortable moving the project forward to City Council with the information provided by the applicant. Lastly, at the hearing held on October5, 2017, it was moved that the discussion on the pathway along the frontage of Black Cat Road be moved to the November 2, 2017 hearing. Staff recommends that the Planning and Zoning Commission make an affirmative motion in favor of staff's proposal.