CC - Planning Memo to Council 6-29
Charlene Way
From:Bill Nary
Sent:Wednesday, June 23, 2021 3:51 PM
To:Alan Tiefenbach; Laren Bailey; Adrienne Weatherly; Charlene Way; Chris Johnson; Ted
Baird
Cc:Deborah E. Nelson; Bill Parsons
Subject:RE: Skybreak ALT,AZ,PP,PS H-2020-0127
We ultimately want an assurance of a single maintenance company so we didn’t have inconsistent maintenance
of the structures or the facilities.
Bill Nary | City Attorney & Risk Manager
City of Meridian | City Attorney’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: | 208-898-5506
Built for Business, Designed for Living
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: Bill Nary
Sent: Wednesday, June 23, 2021 3:10 PM
To: Alan Tiefenbach <atiefenbach@meridiancity.org>; Laren Bailey <laren@congergroup.com>; Adrienne Weatherly
<aweatherly@meridiancity.org>; Andrea Pogue <apogue@meridiancity.org>; Charlene Way <cway@meridiancity.org>;
Chris Johnson <cjohnson@meridiancity.org>; Ted Baird <tbaird@meridiancity.org>
Cc: Deborah E. Nelson <den@givenspursley.com>; Bill Parsons <bparsons@meridiancity.org>
Subject: RE: Skybreak ALT,AZ,PP,PS H-2020-0127
We have always required a maintenance agreement as much as I can remember.
Bill Nary | City Attorney & Risk Manager
City of Meridian | City Attorney’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: | 208-898-5506
Built for Business, Designed for Living
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: Alan Tiefenbach
Sent: Wednesday, June 23, 2021 3:06 PM
To: Laren Bailey <laren@congergroup.com>; Adrienne Weatherly <aweatherly@meridiancity.org>; Andrea Pogue
<apogue@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris
Johnson <cjohnson@meridiancity.org>; Ted Baird <tbaird@meridiancity.org>
1
Cc: Deborah E. Nelson <den@givenspursley.com>; Bill Parsons <bparsons@meridiancity.org>
Subject: RE: Skybreak ALT,AZ,PP,PS H-2020-0127
That is the exact language of the code. I’ll let Bill Nary, Bill Parsons or someone in legal respond, but I don’t think CC&Rs
will work. It has to be a maintenance agreement.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
Built for Business, Designed for Living
From: Laren Bailey <laren@congergroup.com>
Sent: Wednesday, June 23, 2021 2:54 PM
To: Alan Tiefenbach <atiefenbach@meridiancity.org>; Adrienne Weatherly <aweatherly@meridiancity.org>; Andrea
Pogue <apogue@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris
Johnson <cjohnson@meridiancity.org>; Ted Baird <tbaird@meridiancity.org>
Cc: Deborah E. Nelson <den@givenspursley.com>; Bill Parsons <bparsons@meridiancity.org>
Subject: RE: Skybreak ALT,AZ,PP,PS H-2020-0127
External Sender - Please use caution with links or attachments.
Alan,
The only comment or question that we have is about Planning Divisions Condition #11. It asks
for a binding contract, I just want to make sure that we are all in agreement that is referring to the
CC&R’s for the development. Thank you
From: Alan Tiefenbach <atiefenbach@meridiancity.org>
Sent: Wednesday, June 23, 2021 11:10 AM
To: Adrienne Weatherly <aweatherly@meridiancity.org>; Andrea Pogue <apogue@meridiancity.org>; Bill Nary
<bnary@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>; Ted
Baird <tbaird@meridiancity.org>
Cc: Laren Bailey <laren@congergroup.com>; Deborah E. Nelson <den@givenspursley.com>; Bill Parsons
<bparsons@meridiancity.org>
Subject: Skybreak ALT,AZ,PP,PS H-2020-0127
As directed by the Council at their May 26 meeting, attached is a memo describing how the applicant addressed the
three outstanding items requested by the Council, as well as proposed conditions of approval. This is scheduled for a
special meeting on June 29, 2021.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
Built for Business, Designed for Living
2
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.
3
Community Development Department 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org
June 21, 2021
MEMORANDUM
TO: Mayor and City Council
FROM: Alan Tiefenbach, Associate City Planner
RE: Skybreak Subdivision - H-2020-0127
At the May 26, 2021 City Council Special Meeting, the Council directed the applicant to
revise the Skybreak Subdivision plans to address three elements:
1. Provide sidewalks on at least one side of all streets;
2. Provide a better transition between the southern perimeter of the subdivision and the
Vantage Pointe Subdivision to the south. This should be done by extending the larger
lots at the southeast corner of Phase 7 to the west across the southern boundary to the
Farr Lateral;
3. Relocate some of the open space at the south to a more central location.
The applicant has provided revised plans. The plans reflect street sections of the private
streets to show a minimum 5’ wide sidewalk on at least one side of the street. The private
street and open space oriented east-west at the southern boundary of the property
(adjacent to Vantage Pointe) has been replaced with lots meeting a minimum square
footage of 20,900 sq. ft. (thereby extending larger lots along the southern boundary). The
open space that was originally reflected at the southern boundary has been relocated to
the center of the development (shown as 19,925 sq. ft. Lot 170, Block 5). The open space
exhibit provided by the applicant reflects a slight reduction in what is being credited as
qualifying open space from 14.99 acres to 14.5 acres. The total number of buildable lots
has decreased from 329 lots to 316 (including the existing single-family residence). The
112 lots served by private streets has been reduced to 106. As requested by the Council,
proposed conditions of approval have also been provided with this memorandum.
Staff has prepared draft conditions of approval as directed by City Council.
Page 2
ATTACHMENTS
Updated Preliminary Plat and Landscape Plan
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=231293&dbid=0&repo=Me
ridianCity
Updated Narrative
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=231357&dbid=0&repo=Me
ridianCity
Page 3
PROPOSED CONDITIONS OF APPROVAL:
A. PLANNING DIVISION
1. A Development Agreement (DA) is required as a provision of annexation of
this property. Prior to approval of the annexation ordinance, a DA shall be
entered into between the City of Meridian, the property owner(s) at the time of
annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the Applicant to the Planning
Division prior to commencement of the DA. The DA shall be signed by the
property owner and returned to the Planning Division within six (6) months of
the City Council granting the annexation. The DA shall, at minimum,
incorporate the following provisions:
a. The Skybreak Neighborhood shall follow the approved phasing plan
and/or obtain planning and fire department approval for any modifications.
b. The applicant shall submit a wildland safety plan for the hillside area to be
approved by Meridian Fire Department with the first final plat.
c. The existing residence at 3487 E. Adler Hof Ln. (Lot 45, Block 5) will be
required to abandon the well and septic system and connect to City water
and sewer with development of the property.
d. The applicant shall not submit a final plat for Phase 8 and 9 until public
street access is provided.
e. A 30’ rear yard setback is required on Lots 74-83, Block 5, abutting
Vantage Pointe.
f. A 15’ (external) side yard setback and an increased rear setback (as shown
in applicant’s plans) is required for Lot 74, Block 5, abutting Vantage
Pointe.
g. The rear and/or sides of any 2-story structures facing S. Eagle Rd (18-21
Block 1, 15-26 and 76-79 Block 9) 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. Single-story structures are exempt
from this requirement. Planning approval will be required at time of
building permit.
h. Future development of this site shall substantially comply with the
preliminary plat, landscape plan and conceptual building elevations for the
single-family attached and detached dwellings included in the attachments
contained herein.
2. Administrative design review will be required for all new attached residential
structures containing two (2) or more dwelling units.
Page 4
3. The City Council has approved alternative compliance from UDC 11-3F-4
that limits gated developments to 50 lots, to allow 106 gated lots.
4. The City Council has approved alternative compliance from UDC 11-3F-4
prohibiting common driveways off private streets, to allow 3 common
driveways.
5. The City Council has approved a wavier from UDC 11-6C-3 limiting dead-
end streets ending in a cul-de-sac to 500 feet to allow the Phase 8 cul-de-sac
in the northeast corner to extend to approximately 610’.
6. The City Council has approved a wavier from UDC 11-6C-3 limiting block
face to no more than seven hundred fifty (750) feet in length without an
intersecting street or alley to allow Block 9, north of the Farr Lateral to be
approximately 1,000 feet in length.
7. The City Council has approved a wavier from UDC 11-6C-3 limiting block
face to no more than seven hundred fifty (750) feet in length without an
intersecting street or alley to allow Block 5, along the southern boundary of
the property, to be approximately 1,190 feet in length.
8. The City Council has approved alternative compliance from UDC 11-3B-12
and UDC 11-3G-3 requiring minimum landscaping along pathways and
within common open space to allow the pathway area shown in Lot 46 of
Block 5 to remain in a natural state.
9. The development shall comply with standards and installation for landscaping
as set forth in UDC 11-3B, 11-3G and maintenance thereof as set forth in
UDC 11-3B-13.
10. The applicant shall construct all proposed fencing and/or any fencing
required by the UDC, consistent with the standards as set forth in UDC 11-
3A-7 and 11-3A-6B, as applicable.
11. Except as otherwise listed above, the development shall comply with the
private street requirements as set forth in 11-3F, including the applicant or
owner providing documentation of a binding contract that establishes the
party or parties responsible for the repair and maintenance of the private
street, including regulations for the funding thereof.
12. The plat shall comply with the provisions for irrigation ditches, laterals,
canals and/or drainage courses, as set forth in UDC 11-3A-6. The Farr
Lateral is allowed to remain open as waived by City Council.
13. Except as listed above, the applicant shall comply with all provisions of 11-
3A-3 with regard to access to streets.
14. The development shall comply with all subdivision design and improvement
standards as set forth in UDC 11-6C-3, including but not limited to cul-de-
sacs, alleys, driveways, common driveways, easements, blocks, street
buffers, and mailbox placement.
Page 5
15. Off-street parking is required to be provided in accord with the standards
listed in UDC Table 11-3C-6 for single-family detached dwellings based on
the number of bedrooms per unit.
16. The Applicant shall have a maximum of two (2) years from the date of City
Council approval to obtain City Engineer’s signature on a final plat in
accord with UDC 11-6B-7.
17. The Applicant shall comply with all conditions of ACHD.
18. Staff’s failure to cite specific ordinance provisions or conditions from the
preliminary plat and/or development agreement does not relieve the
Applicant of responsibility for compliance.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Preliminary plat conceptual site plans dated 12/11/2020 must be adjusted as
follows:
1.1.1 The sewer main stub near intersection of Street C and D needs to
end in a manhole.
1.1.2 The sewer main stub at the North end of Street E needs to end in a
manhole.
1.1.3 The sewer on the south-eastern boundary (Street J) should not go
to the property boundary.
1.1.4 The sewer main should run at 0.60% slope and end in a manhole
short of the property boundary.
1.1.5 Water and sewer mains must be covered in a 20-foot-wide
easement per utility.
1.1.6 Easements cannot have encroachments of any permanent structures
including but not limited to buildings, carports, trash enclosures,
fences, trees, deep rooting bushes, etc.
1.1.7 Maintain a minimum 90-degree angle into/out of all manholes.
1.1.8 Slope between manholes shall not exceed 5%. Slopes between
SSMH G-3 to SSMH H-1, SSMH G-4 to SSMH J-1, and SSMH
G-8 to SSMH K-1 exceeds this.
1.1.9 No public main is allowed in common driveways, sewer line A and
F are shown going through private drives.
1.1.9.1 If you have three or less lots on a common drive, services
should be stubbed from the roadway.
1.1.9.2 Four or more lots, sewer will be allowed in the common
drive. Sewer will be private and will be the responsibility
of the HOA to maintain. Manholes needed in the common
drive shall be marked with “Private” on the lid.
1.1.10 A drainage plan is required to be provided and reviewed prior to
plan approval.
Page 6
1.1.11 Current design does not meet minimum fire flow. A possible
solution is to upsize some 12’’ mains and add two more
connections, one at the southwest and one at the northeast corner
of the development. These changes must be coordinated with
Public Works.
1.1.12 A streetlight plan must be provided with the final plat application.
Streetlight plan requirements are listed in Meridian Design
Standards.
1.1.13 Phase 8 of the proposal is in Flood Zone A. This area requires
extending the existing hydraulic and hydrology study and
establishing base flood elevations. Other phases are not impacted
by flood zone and will not require floodplain study or permits.
Page 7
2. General Conditions of Approval
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 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.
2.3 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.
2.4 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.
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.
2.6 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 addressed 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.
Page 8
2.7 Any wells that will not continue to be used must be properly abandoned
according to Idaho Well Construction Standards Rules administered by the
Idaho Department of Water Resources. The Developer’s Engineer shall
provide a statement addressing whether there are any existing wells in the
development, and if so, how they will continue to be used, or provide record
of their abandonment.
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.
2.9 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.
2.10 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.
2.11 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.
2.12 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.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with any
Section 404 Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post
Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-
12-3H.
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.
2.18 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.
Page 9
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.
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.
2.21 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.
2.22 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.
2.23 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 887-2211.