CC - Applicant Response to Commission Recommendations 8-41
Chris Johnson
From:Mike Wardle <mwardle@brightoncorp.com>
Sent:Wednesday, August 4, 2021 2:29 PM
To:Sonya Allen; Adrienne Weatherly; Charlene Way; Chris Johnson; Bill Parsons
Cc:David Turnbull; Jon Wardle; John Gabrielsen; Joshua Beach; David Kodanko; Kameron
Nauahi
Subject:TM Creek Apartments Phase 3 - RZ, CUP ALT H-2021-0035 Commission
Recommendation to Council for Aug. 10th
Attachments:TM Creek Apartments - Phase 3; RE: TM Creek Apartments - Phase 3
External Sender - Please use caution with links or attachments.
All,
We acknowledge, and appreciate the P&Z Commission’s July 1st action to delete Conditional Use Permit Condition #8
(public pedestrian easement) and to modify Condition #9 to reflect the Council’s approval of the Ten Mile Crossing
Design Guidelines.
The one “outstanding issue” (staff report page 13) is the Applicant’s request to delete Planning staff’s requirement to
widen the internal sidewalk north of Tenmile Creek to 10 feet.
- The first attachment, our July 7, 2021 commentary on that sidewalk, stresses its purpose for on-site
circulation—not as a pathway to duplicate the Council-approved regional pathway south of the creek.
- The second attachment is Kim Warren’s regional pathway clarification that a 10 foot pathway is not required.
Widening the sidewalk two feet (from 8’ to 10’) may seem insignificant, but the grade change from the project site, to
the Nampa & Meridian gravel maintenance road, to Tenmile creek is significant (photographs below).
An 8-foot sidewalk will be built as proposed in the application. However, given the grade “challenges” from increased
width, we respectfully request deletion of Condition #4h.
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Michael D. Wardle, Director of Planning
BRIGHTON CORPORATION
2929 W. Navigator Dr., Suite 400, Meridian, ID 83642
Direct 208.287.0512 l Mobile 208-863.6150
mwardle@brightoncorp.com
From: Sonya Allen <sallen@meridiancity.org>
Sent: Monday, August 2, 2021 4:31 PM
To: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson
<cjohnson@meridiancity.org>
Cc: Mike Wardle <mwardle@brightoncorp.com>; Joshua Beach <JBeach@brightoncorp.com>; Jon Wardle
<jwardle@brightoncorp.com>; Bill Parsons <bparsons@meridiancity.org>
Subject: TM Creek Apartments Phase 3 - RZ, CUP ALT H-2021-0035 Commission Recommendation to Council for Aug.
10th
Attached is the staff report with the Planning & Zoning Commission’s recommendation for TM Creek Apartments #3.
This project is scheduled to be on the City Council regular meeting agenda on Aug. 10th. 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.
Please submit any written response you may have to the Commission’s recommendation in the staff report to the City
Clerk’s office (cityclerk@meridiancity.org) and me as soon as possible prior to the meeting.
Thanks,
Sonya Allen | Associate Planner
City of Meridian | Community Development Department | Planning Division
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Direct/Fax: 208-489-0578
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.
Chris Johnson
From:Mike Wardle <mwardle@brightoncorp.com>
Sent:Wednesday, July 7, 2021 9:59 AM
To:Sonya Allen
Cc:Kimberly Warren; Bill Parsons; Chris Johnson; Charlene Way; Adrienne Weatherly;
David Turnbull; John Gabrielsen; Jon Wardle; Joshua Beach; Kameron Nauahi; Steve
Smith (ssmith@scsinvestments.net); Mike Hall (mhall@scsinvestments.net)
Subject:TM Creek Apartments - Phase 3
Attachments:TM Creek Apartments Phase #3 - RZ, CUP, ALT H-2021-0035 Staff Recommendation
to commission for July 1st Commission Hearing; SKM_C654e21070613550.pdf; Ten
Mile Crossing Adopted DGL Pathway Plan.pdf; Tenmile Creek Regional Pathway.pdf
Sonya,
th
The first attachment—our June 29 E-Mail request for modification/deletion of the TM Creek Apartments Phase 3
pathway conditions 4.h and 8—is provided as a restatement of our belief that those conditions misinterpreted the Park’s
Department requirements.
nd
The 2 attachment is a highlighted copy of those requirements from Kim Warren, Pathways Project Manager, dated
June 10, 2021.
- Condition 1 of that memorandum states, “The project developer shall design and construct multi-use pathways
consistent with the location and specifications set forth n the Meridian Pathways Master Plan Map and Master
Pathways Plan Document Chapter 3.”
- However, based on that Pathways Master Plan, Condition 2 then correctly notes that “No multi-use pathways
are required for this development.”
- Thus, with no multi-use pathway requirement, Condition 2’s commentary leaves sidewalk width up to the
developer: The “applicant could consider widening the sidewalk along the north side of Ten Mile Creek to
10’.” \[underlined for emphasis\]
- But—according to the next sentence of that commentary—“This would change its status to multi-use pathway.”
rd
The two-page 3 attachment is excerpted from the approved and recorded Ten Mile Crossing Design Guidelines, and
clearly denotes—consistent with the City’s Pathway Plan—the regional pathway on the south side of Tenmile Creek.
The CUP Site Plan depicts a sidewalk width of 8’ for internal project circulation parallel to and, by grade, above the
Nampa & Meridian Irrigation District’s easement. It is not proposed—or required to be a “public” facility.
th
To bolster that position, Slides 2 & 3 of the 4 attachment show the grade difference from the development parcels to
NMID’s gravel maintenance access—and the use of a rock retaining wall to mitigate that difference.
Because the City Park’s Department did not request or require the conditioned 10-foot pathway;
because the Council-approved Ten Mile Crossing Pathways, Sidewalk and Amenity Plan does not propose such;
because the sidewalk is for internal project circulation—not general public use; and
because grade issues are much more difficult with increased sidewalk width;
th
. . . we will ask the City Council to delete Conditions 4.h & 8 in their entirety at the August 10 hearing.
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Respectfully,
Michael D. Wardle, Director of Planning
BRIGHTON CORPORATION
2929 W. Navigator Dr., Suite 400, Meridian, ID 83642
Direct 208.287.0512 l Mobile 208-863.6150
mwardle@brightoncorp.com
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CVE PIDIAN --
Parks and Recreation
Reviewer: Kim Warren / Pathways Project Manager
Planner Assigned: Sonya Allen
Project Name: Ten Mile Creek Apartments File No: H-2021-0035 Date: 6.10.21
The following will be required for development of the proposed project:
CONDITIONS OF APPROVAL - PATHWAYS
The project developer shall design and construct multi -use pathways consistent with the location
and specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways
Plan Document Chapter 3). Any proposed adjustments to pathway alignment shall be
coordinated through the Pathways Project Manager.
No multi -use pathways are required for this development. If additional /enhanced amenities
are desired to achieve CUP Alt Compliance status, applicant could consider widening the
sidewalk along the north side of Ten Mile Creek to 10'. This would change its status to multi -use
athwa . Any pathway constructed in this area must be outside of the NMID access easement.
If multi -use pathway is desired, submit easement documentation to the Planning Division for
Council approval and subsequent recordation Prior to Certificate of Occupancy. The easement
shall be a minimum of 14' wide (10' pathway + 2' shoulder each side). Use standard City
template for public access easement. Submit all easement documents online through Citizen's
Access Portal or drop off (along with completed checklist) at Meridian Parks and Recreation.
3. Construct multi -use pathways per typical paving section(s) shown in the Meridian Pathways
Master Plan Chapter 3.
4. The owner (or representative association) of the property affected by each public access
easement shall have an ongoing obligation to maintain the multi -use pathway.
5. 6' high open vision fencing shall be installed between pathways and (live) water irrigation canals
and laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, page 3-5. All other
fence details per UDC 11-3A-7.
6. Project developer shall be responsible for obtaining license agreement and other permission(s)
as required for constructing within irrigation district easements.
7. Should any discrepancy exist between these conditions of approval and the requirements of the
irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway
design that meets both City and irrigation district objectives. City requirements as stated shall
not (nor are they intended to) override those of the irrigation district having jurisdiction over the
project area.
Rev. 01.30.20
EXCERPT FROM TEN MILE CROSSING DESIGN GUIDELINES APPROVED BY CITY COUNCIL APRIL 13, 2021
AND THE DEVELOPMENT AGREEMENT RECORDED JUNE 9, 2021 AS INSTRUMENT NO. 2021-089157
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TM CREEK APARTMENTS – PHASE 1
IMPROVEMENTS WEST OF WAYFINDER
< GRAVEL MAINTENANCE ACCESS – PAVED PATHWAY >
TM CREEK APARTMENTS – PHASE 3
EAST OF WAYFINDER
FUTURE GRAVEL MAINTENANCE ACCESS
Chris Johnson
From:Kimberly Warren <kwarren@meridiancity.org>
Sent:Wednesday, July 7, 2021 10:28 AM
To:Mike Wardle; Sonya Allen
Cc:Bill Parsons; Chris Johnson; Charlene Way; Adrienne Weatherly; David Turnbull; John
Gabrielsen; Jon Wardle; Joshua Beach; Kameron Nauahi; Steve Smith
(ssmith@scsinvestments.net); Mike Hall (mhall@scsinvestments.net)
Subject:RE: TM Creek Apartments - Phase 3
Hi Mike –
You’re correct in your interpretation.
Just to clarify on the pathways side, the note about a 10’ pathway on the north side of Ten Mile Creek was purely
optional.
No multi-use pathways are required per the PMP for this development. Pathway requirements have already been
addressed in this vicinity through the pathway along Ten Mile Creek that is either already existing, or will be
constructed, to a much higher standard than is typical for most developments.
I do appreciate planning staff ‘erring on the side of pathways’ so as not to miss any connection opportunities. That
being said, honoring the applicant’s request for deletion would return the pathway conditions closer to my original
intent.
Please let me know if there continue to be questions.
My apologies to all for any confusion.
Thank you,
Kim
Kim Meyers Warren, PLA | Pathways Project Manager
City of Meridian | Parks and Recreation
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.3579 | Fax: 208.898.5501
Meridian Parks and Recreation: Quality. Community. Fun.
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 <mwardle@brightoncorp.com>
Sent: Wednesday, July 7, 2021 9:59 AM
To: Sonya Allen <sallen@meridiancity.org>
Cc: Kimberly Warren <kwarren@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; Chris Johnson
<cjohnson@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Adrienne Weatherly
<aweatherly@meridiancity.org>; David Turnbull <dturnbull@brightoncorp.com>; John Gabrielsen
<John@brightoncorp.com>; Jon Wardle <jwardle@brightoncorp.com>; Joshua Beach <JBeach@brightoncorp.com>;
Kameron Nauahi <knauahi@brightoncorp.com>; Steve Smith (ssmith@scsinvestments.net)
1
<ssmith@scsinvestments.net>; Mike Hall (mhall@scsinvestments.net) <mhall@scsinvestments.net>
Subject: TM Creek Apartments - Phase 3
External Sender - Please use caution with links or attachments.
Sonya,
th
The first attachment—our June 29 E-Mail request for modification/deletion of the TM Creek Apartments Phase 3
pathway conditions 4.h and 8—is provided as a restatement of our belief that those conditions misinterpreted the Park’s
Department requirements.
nd
The 2 attachment is a highlighted copy of those requirements from Kim Warren, Pathways Project Manager, dated
June 10, 2021.
- Condition 1 of that memorandum states, “The project developer shall design and construct multi-use pathways
consistent with the location and specifications set forth n the Meridian Pathways Master Plan Map and Master
Pathways Plan Document Chapter 3.”
- However, based on that Pathways Master Plan, Condition 2 then correctly notes that “No multi-use pathways
are required for this development.”
- Thus, with no multi-use pathway requirement, Condition 2’s commentary leaves sidewalk width up to the
developer: The “applicant could consider widening the sidewalk along the north side of Ten Mile Creek to
10’.” \[underlined for emphasis\]
- But—according to the next sentence of that commentary—“This would change its status to multi-use pathway.”
rd
The two-page 3 attachment is excerpted from the approved and recorded Ten Mile Crossing Design Guidelines, and
clearly denotes—consistent with the City’s Pathway Plan—the regional pathway on the south side of Tenmile Creek.
The CUP Site Plan depicts a sidewalk width of 8’ for internal project circulation parallel to and, by grade, above the
Nampa & Meridian Irrigation District’s easement. It is not proposed—or required to be a “public” facility.
th
To bolster that position, Slides 2 & 3 of the 4 attachment show the grade difference from the development parcels to
NMID’s gravel maintenance access—and the use of a rock retaining wall to mitigate that difference.
Because the City Park’s Department did not request or require the conditioned 10-foot pathway;
because the Council-approved Ten Mile Crossing Pathways, Sidewalk and Amenity Plan does not propose such;
because the sidewalk is for internal project circulation—not general public use; and
because grade issues are much more difficult with increased sidewalk width;
th
. . . we will ask the City Council to delete Conditions 4.h & 8 in their entirety at the August 10 hearing.
Respectfully,
Michael D. Wardle, Director of Planning
BRIGHTON CORPORATION
2929 W. Navigator Dr., Suite 400, Meridian, ID 83642
Direct 208.287.0512 l Mobile 208-863.6150
mwardle@brightoncorp.com
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