CC - Applicant's Response to Conditions 6-29
Charlene Way
From:Laren Bailey <laren@congergroup.com>
Sent:Thursday, June 24, 2021 4:40 PM
To:Bill Parsons
Cc:Bill Nary; Alan Tiefenbach; Adrienne Weatherly; Charlene Way; Chris Johnson; Ted
Baird; Deborah E. Nelson
Subject:Re: Skybreak ALT,AZ,PP,PS H-2020-0127
External Sender - Please use caution with links or attachments.
Thank you for the clarification
Sent from my iPhone
On Jun 24, 2021, at 4:24 PM, Bill Parsons <bparsons@meridiancity.org> wrote:
Laren and Jim,
Bill Nary and I discussed this today and the CCRs can be the appropriate mechanism to address the
maintenance of the private streets through the establishment of an HOA and not the individual
homeowners. Based on our discussion morning, you have structured your CCRs in the East Ridge and
Movado very similarly. From our standpoint, you will need to submit the appropriate documentation to
the City with the first final plat that includes the private streets.
Take Care,
Bill Parsons, AICP | Planning Supervisor
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Direct: 208-489-0571
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From: Bill Nary
Sent: Wednesday, June 23, 2021 3:51 PM
To: Alan Tiefenbach <atiefenbach@meridiancity.org>; Laren Bailey <laren@congergroup.com>;
Adrienne Weatherly <aweatherly@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
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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>
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
2
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
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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
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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
<image001.gif>
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.
3
Adrienne Weatherly
From:Laren Bailey <laren@congergroup.com>
Sent:Wednesday, June 23, 2021 8:07 AM
To:Alan Tiefenbach; Jim Conger
Cc:Deborah E. Nelson; Adrienne Weatherly; Bill Parsons; Bill Nary; Corinne Graham
Subject:RE: conditions
External Sender - Please use caution with links or attachments.
Alan,
Thank you for getting us the proposed conditions for our review. We have reviewed the
proposed conditions and I have made comments in red below. I think that we are pretty close. Please
let us know if you have any questions about the comments. The engineering and design elements can
be worked out in final design. If you add anything please keep us in the loop. Thank you
Laren M. Bailey, MCRP, PMP
DevCo, LLC
Ph: (208) 336-5355
Cell: (208) 899-1155
laren@congergroup.com
From: Alan Tiefenbach <atiefenbach@meridiancity.org>
Sent: Tuesday, June 22, 2021 5:00 PM
To: Laren Bailey <laren@congergroup.com>
Cc: Deborah E. Nelson <den@givenspursley.com>; Adrienne Weatherly <aweatherly@meridiancity.org>; Bill Parsons
<bparsons@meridiancity.org>
Subject: conditions
Laren,
We are still working on conditions of approval, but here is what we have so far. These WILL be reorganized,
and edited, and some deleted, but we don’t expect anything significant beyond this. We will most likely write a
condition that the final plats for Phase 7 and 9 will not be submitted until there is legal access. The City
Clerk is giving us until noon tomorrow to get this to her.
------------------------------------------------------------------------------
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A. P LANNING D IVISION
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. Agreed
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: Agreed
a. The Skybreak Neighborhood shall follow the approved phasing plan and/or obtain planning and
fire department approval for any modifications. Agreed
b. The applicant must submit a wildland safety plan for the hillside area to be approved by
Meridian Fire Department prior to the first final plat. Agreed
c. The applicant must install Opticom devices on all gates. Or other fire department approved
devices.
d. The Phase 8 cul-de-sac in the northeast corner of the project may exceed 500’ in length. Agreed
e. Block 9 north of the Farr Lateral may exceed 750’ in length. Agreed
f. Until such time as the stub street is constructed to the north thru the Pura Vida Ridge Ranch
Subdivision, the City Engineer will not sign the final plat for Phase 8. Agreed
g. Until such time as the parcel (R8970710025) south of Phase 9 has been platted and public street
access becomes available, the City Engineer will not sign the final plat for this phase. Agreed
h. All residential lots must meet the minimum dimensional standards for the R-8 zoning district.
Agreed
i. A 30’ rear yard setback is required on Lots 75-83, Block 5, abutting Vantage Pointe. Agreed
j. 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. Agreed
k. 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. Agreed
l. 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. Agreed
2. Administrative design review will be required for all new attached residential structures containing
two (2) or more dwelling units. Agreed
3. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Agreed
4. 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. Agreed
5. The development shall comply with standards and installation for landscaping as set forth in UDC
11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. Agreed
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6. 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. Agreed
7. 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. Agreed
8. 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. Agreed
9. 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.
10. The Applicant shall comply with all conditions of ACHD staff report and conditions dated
10.2.2020.
B. P UBLIC W ORKS
1. Site Specific Conditions of Approval
1.1 Preliminary plat conceptual site plans dated 6/16/2021 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. Ok
1.1.2 The sewer main stub at the North end of Street E needs to end in a manhole. Ok
1.1.3 The sewer on the south-eastern boundary (Street J) should not go to the property
boundary. Ok
1.1.4 The sewer main should run at 0.60% slope and end in a manhole short of the property
boundary. Ok
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.
Ok
1.1.7 Maintain a minimum 90-degree angle into/out of all manholes. Ok
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. Ok, we will work
with Public works in design to come up with the best approach.
1.1.9 No public main is allowed in common driveways, sewer line A and F are shown going
through private drives. This was done for efficiency of pipe, we will work with Public
works in design to come up with the best approach.
1.1.9.1 If you have three or less lots on a common drive, services should be stubbed from
the roadway. Ok
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. Ok
1.1.10 A drainage plan is required to be provided and reviewed prior to plan approval. Ok
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. This
has been discussed with Public Works and we will work with Public Works in design to
come up with the best approach.
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1.1.12 A streetlight plan must be provided with the final plat application. Streetlight plan
requirements are listed in Meridian Design Standards. Ok
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. Agreed
2. General Conditions of Approval - Agreed
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.
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
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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.
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
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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.
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
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.
6