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PZ - Applicant Response to Staff ReportChris Johnson From: Sent: To: Cc: Subject: Attachments: All) Mike Wardle <mwardle@brightoncorp.com> Thursday, March 21, 2019 9:37 AM Bill Parsons; Bill Nary; Ted Baird; Andrea Pogue; Meridian City Clerk Sonya Allen; David Turnbull; Jon Wardle; Tommy Ahlquist; Tonn Petersen (tonn@bvadev.com); Kameron Nauahi; Mike Wardle Pollard Subdivision Staff report for 03/21/2019 P/Z MTG CVP - Pollard Applicant Response to Conditions II.docx We have reviewed the Pollard Subdivision staff report, and its analysis and recommended conditions of approval. While we are in agreement with the report's recommendation for approval, we offer five (5) points of clarification and propose four (4) condition modifications as detailed in the attached "Applicant Response." And, perhaps as a hearing 'lirst," we are proposing the addition of one (1) new condition of approval concerning commercial landscape buffers. We will bring colored copies of the "response" for each of the Commissioners to this evening's hearing. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 � Boise, Idaho 83713 Direct 208.287.0512 1 CeH 208.863.6150 WE ARE MOVING! Effective Monday, April 81h, our new mailing address and office location will be: 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 Located at Ten Mile Crossing at the intersection of Ten Mile Rd & 1-84 From: Bill Parsons [mailto:bparsons@meridiancity.org] Sent: Tuesday, March 19, 2019 4:31 PM To: Bill Nary; Ted Baird; Andrea Pogue; Mike Wardle; Meridian City Clerk Cc: Sonya Allen Subject: Pollard Subdivision Staff report for 03/21/2019 P/Z MTG WA—Ii�. 2V -1)4 9 BRIGHTON v From: Bill Parsons [mailto:bparsons@meridiancity.org] Sent: Tuesday, March 19, 2019 4:31 PM To: Bill Nary; Ted Baird; Andrea Pogue; Mike Wardle; Meridian City Clerk Cc: Sonya Allen Subject: Pollard Subdivision Staff report for 03/21/2019 P/Z MTG Attached is the staff report for the proposed Annexation and Preliminary Plat for Pollard Subdivision H-2019-0021. This item is scheduled to be on the Commission agenda on March 21, 2019. 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. Mike - Please submit any written response you may have to the staff report to the City Clerk's office (cityclerk@meridiancity.org) and me as soon as possible. C.Jay — Attached is the correct PDF of the staff report. Please upload this one on laserfiche. Thank you, Bill Parsons, AlCP I Planning Supervisor City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0571 E Builtfor Business, Designedfor Living ODOM] 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 exemptfrom disclosure by low. APPLICANT RESPONSE To RECOMMENDED CONDITIONS OF APPROVAL FOR POLLARD SUBDIVISION (H-2019-0021) Proposed condition modifications are "boxed" and noted in red [4 items] Applicant comments or clarifying statements are noted in red [5 items] Yellow -highlighted items are as published in the staff report. The Applicant concurs with all items in black without a noted modification or clarification. An additional Condition of Approval is proposed on page 7. [liteml 1. CITY/AGENCY COMMENTS & CONDITIONS Prior to the City Council hearing, Staff recommends the Applicant revise the conceptual site plan as follows: Depict supportive and proportional public and/or quasi -public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area within the mixed use portion of the development as set forth in the Comprehensive Plan (outdoor seating areas at restaurants do not count) (see pgs. 24 & 28 of the Comprehensive Plan). • The office structure proposed near the east boundary of the site should be shifted further to the west or to the north along Narbeth Dr. to create more of a spatial separation between the 3 -story structure and future single -level patio homes to the east in Fairbourne Subdivision; or, it should be reduced to a 2 -story structure because the structure is not proportional to and will not blend in with the adjacent residential buildings per the following Comprehensive Plan provision: "Non-residential buildings should be proportional to and blend in with adjacent residential buildings." 0 SAME ISSUE • The 3 -story office structure proposed near the east boundary of the site adjacent to the future single -level patio homes should be shifted further to the west or to the north next to the street (Narbeth Dr.) to create more of a spatial separation to the future single -level patio homes; or the height of the structure should be reduced to 2 -stories in accord with the following Comprehensive Plan provision: "Non-residential buildings should be proportional to and blend in with adjacent residential buildings." Additionally, if a 4'h office building is proposed, it should be depicted on the plan. Depict the sewer lift station on the subject property instead of on the adjacent property to the west. The specific use standards for flex space uses prohibit roll -up doors from being visible from a public street (UDC 11-4-3-18); the flex space buildings are proposed to have roll -up doors which will be face the collector street. Staff recommends the buildings be relocated so they each front on public streets (i.e. Waverton & Narbeth) or rotate the buildings 90 degrees with the rear of the structures facing each other; or some other alternative that allows compliance with this standard. The applicant will work with staff to clarify and address the "bulleted" items prior to Council as recommended; the 2' and 3' bullets deal with the same issue. A. PLANNING DIVISION 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. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations, preliminary plat, phasing plan, landscape plan, qualified open space exhibit and pedestrian circulation plan included in Section V11 and the provisions contained herein. b. All single-family attached homes, the assisted living facility and all commercial structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted concurrently with the Certificate of Zoning Compliance application and approved prior to submittal of building permit applications. c. A cross -access easement shall be recorded that provides access to the out -parcel (#S0421438700) at the southeast comer of the site and a driveway shall be provided for access and interconnectivity with the subject property in accord with UDC 11 -3A -3A.2. d. A I 0 -foot wide multi -use pathway shall be constructed within the street buffer along the W. Chinden Blvd./SH-20/26 in accord with UDC I I -3H-4C.4; landscaping shall be provided along either side of the pathway as set forth in UDC 11 -3B -12C. e. Buildings within the commercial portions of the development shall be arranged to create some form of common, usable area, such as a plaza or green space as set forth in the Comprehensive Plan for mixed use designated areas (see pg. 23 of the Comprehensive Plan). (To be addressed with I" bullet issue on prior page) f. Supportive and proportional public and/or quasi -public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area shall be provided within the mixed use portion of the development as set forth in the Comprehensive Plan (outdoor seating areas at restaurants do not count) (see pgs. 24 & 28 of the Comprehensive Plan). (To be addressed with P bullet issue on prior page) g. Buildings, landscaping, and other design features near the SH- I 6/SH-20/26 interchange need to reflect Meridian's heritage, quality, and character as one of the regional gateways to the City of Meridian in accord with the Comprehensive Plan (see pg. 33). 2. The preliminary plat included in Section VILB, shall be revised as follows: a. If solid fencing is proposed on Lot 61, Block I adjacent to the common driveway on Lot 62, Lot 62 shall be widened an additional 5 feet to accommodate the required 5 - foot wide landscape buffer as set forth in LTDC 11 -6C -3D.5. b. The private streets (i.e. N. Restucci Ln. and N. Schwenkfelder Ln.) depicted stabbing at the north boundary shall be public. (LONCUR. Although the street stubs are depicted as private north of Tree Crest St., the intent was to construct them to ACHD's local street standardsJor dedication if or when the properties north of Pollard Subdivision develop) c. Depict a 20 -foot wide landscape easement for the street buffer along W. Waverton Dr. on Lot 24, Block I in accord with UDC I I -3134C.2a. (Lot 24 will be an assisted livingfacility, thus, the buffer will be owned and maintained by that facility not an HOA) d. Depict street buffers along W. Chinden Blvd./SH-26/26, N. Levi Ave., and W. Waverton Dr. in the C -G district on a common lot or on a permanent dedicated landscape easement buffer in accord with UDC 11-3B-7C.2b. e. Depict street sections on the plat. f, Depict lot square footage for each residential lot. g. Depict a cross -access easement to the out -parcel at the southeast comer of the site in accord with UDC 11 -3A-3A.2. 3. The landscape plan included in Section VILC shall be revised as follows: a. If solid fencing is proposed on Lot 61, Block I adjacent to the common driveway on Lot 62, Lot 62 shall be widened an additional 5 feet to accommodate the required 5 - foot wide landscape buffer as set forth in UDC 11 -6C -3D.5. b. The private streets (i.e. N. Restucci Ln. and N. Schwenkfelder Ln.) depicted stubbing at the north boundary from W. Treecrest St. shall be public. (CONCUR — Same as 2.b, above) c. One (1) additional tree shall be added within the street buffer along N. Levi Ave. in accord with UDC 11-3B-7C.3b. d. Include additional trees (i.e. a mix of evergreen and deciduous) within the landscape buffer to adjoining residential uses from commercial uses along the east boundary to result in barrier that allows trees to touch at maturity in accord with UDC I 1 -313- 9C. 1. e. Depict fencing on building lots adjacent to common open space lots in residential areas to distinguish common from private areas as set forth in IJDC 11 -3A -7A.7. Depiet noise abatement within the street buffer- along S14 20,126 adjaeent to the hospital in the fafm of a befm or- a befm a -ad wall eembina4ion th4 is a minimum e ! 0 feet highef than the elevation at the eentefline of the state highway as set fe UDG 11 3H 4D; ineltide a efess seetion of the befm and/of wall in fela4ien to the eefftefline of the highway as a detail on the plan of a sepafate exhi . (&EQUES DELE or resolution by ALTERNATIVE COMPLIANCE or by VARIANCE or by UDC AMENDMENT Given the 300foot-plus distance of the hospital structuresfrom SH -20126 and, with no desire to hide thatfacility behind a berm, wall, orfence, a remedy to the UDC requirement by any of the above -noted options is appropriate with final determination made at DRICZC. If UDC Amendment is required, we request that it be included in the current Code amendment process) 4. Direct lot access via W. Chinden Blvd./SH-20/26 is prohibited per UDC 11 -3H -4B.2. 5. The existing easements/right-of-way noted on Sheet PPLI of the plat shall be vacated prior to signature on the final plat by the City Engineer. 6. Submit a detail of the children's play equipment with the applicable residential final plat application. An exhibit is required to be submitted with the final plat application for lots accessed by the common driveway on Lot 62, Block I that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren't taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5 -foot wide landscaped buffer. 8. A perpetual ingress/egress easement for the common driveway(s) shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat. 9. A 14 -foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi -use pathway within the street buffer along SH -20/26 ifthe pathway is located outside of ITD's right-of-way; coordinate the details of the easement with Kim Warren, Park's Department. 10. Signage for addressing needs to be provided at the public street for homes on Lots 63 & 64, Block I accessed by the common driveway for emergency wayfinding purposes. 11. All single-family attached structures, the assisted living facility and all commercial structures are required to comply with the design standards listed in the Architectural Standards Manual. Submittal and approval of a Certificate of Zoning Compliance and Design Review application is required prior to issuance of building permits. Single-family detached structures are exemptfrom this requirement. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://�ww.meridiancio�.oMIgublic works. aspx?id= 2 72 1.2 Although this development falls within the North McDermott Sewer Trunkshed, mainlines that will provide service do not exist at this time. The Public Works Department has evaluated and conceptually approved the developer's proposal to temporarily pump wastewater to the adjacent Black Cat Trunkshed to the East. The permanent Lift Station site, contemplated in the Meridian Wastewater Master Plan, is located north of the subject development and on the west side of N. Pollard Lane. However, the developer is proposing to locate the Lift Station in the northwest comer of the proposed development. The developer shall be required to work out the final design location with the Public Works Department, and deed the necessary land to the city with completion of the station The Lift Station shall be satisfactorily completed and accepted prior to the first occupancy permit being issued within the development. This development shall be required to install the permanent forcemain (dryline) under Chinden to facilitate an easy transition when service from the McDermott Trunkshed becomes available. 4 1.3 This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Okas Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5. (Clariflication, of this requirement has been requestedfrom staff inasmuch as the sewer lift station associated with this project will also be a permanentfacility; and reimbursementfor subsequent connections to it may also be appropriate) 1.4 Water service being provided by Suez Water Idaho. Applicant will need to work closely with Suez and the City of Meridian to ensure that adequate water flow and pressures can be provide to the development to provide for domestic needs and fire protection. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with Suez Water Idaho, and the Meridian 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 sewer mains outside of public right of way. The easement widths shall be 20 -feet wide for a single utility. 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 may be necessary. 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 existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 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, and road base approved by the Ada County Highway District prior to issuance of 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 Development Department website. Please contact Land Development Service for more information at 887-2211. 6 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, 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. UDC LANDSCAPING ISSUE While there is no stated Condition of Approval for this project, we have an on-going issue with letter -of -the -law implementation of UDC Section 11 -3B -14:B.3. Specifically, the landscaping of commercial lot buffers when, typically, 13 feet of the 20 foot buffer consists of an 8 -foot planter strip and a five-foot sidewalk. The resulting seven -foot grass strip is often damaged or destroyed, or requires extensive reconstruction when the adjacent commercial lot is developed. Therefore, we request that the following Condition of Approval be added to address the concern: Street landscape buffers behind the sidewalk of commercial lots with planter str�ps an detached sidewalks mav be installed at the time of the lot development. All landscape buffers shall be completed, weather permitting, prior to certificate of occupg-qc j. We also encourage staff to consider processing a text amendment to UCD Section 11 -3B -14:B.3 such as, or similar to the following: Forfinalplats, all landscape buffers along streets, with the exception of local streets, shall be installedprior to signature on thefinalplat. Street buffers on local streets and landscaping behind the sidewalk of commercial lots with planter strips and detached sidewalks may be installed at the time of the lot development; installation ofsuch improvements shall not be required at the time ofplat approval. All landscape buyers behind sidewalk for commercial lots fronting a public street must be completed prior to certifleate of occupancy. 1 Charlene Way From:Sonya Allen Sent:Wednesday, April 17, 2019 4:06 PM To:Mike Wardle; C.Jay Coles; Chris Johnson; Charlene Way Cc:David Turnbull; Jon Wardle; Tommy Ahlquist; Tonn Petersen (tonn@bvadev.com); Kameron Nauahi Subject:RE: Pollard Sub. - REVISED Staff Report Thanks Mike! From: Mike Wardle <mwardle@brightoncorp.com> Sent: Wednesday, April 17, 2019 3:49 PM To: Sonya Allen <sallen@meridiancity.org>; C.Jay Coles <cjcoles@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>; Charlene Way <cway@meridiancity.org> Cc: David Turnbull <dturnbull@brightoncorp.com>; Jon Wardle <jwardle@brightoncorp.com>; Tommy Ahlquist <tommy@bvadev.com>; Tonn Petersen (tonn@bvadev.com) <tonn@bvadev.com>; Kameron Nauahi <knauahi@brightoncorp.com> Subject: Pollard Sub. - REVISED Staff Report All, We have reviewed the attached Pollard Subdivision staff report revision for the Planning & Zoning Commission’s April 18 th public hearing and agree with the recommended conditions of approval. Michael D. Wardle Director of Planning Brighton Corporation Effective April 29 th 2929 W. Navigator, #400 Meridian, ID 83642 Direct 208.287.0512 Cell 208.863.6150 _____________________________________ From: Sonya Allen < sallen@meridiancity.org > Sent: Monday, April 15, 2019 1:32 PM To: C.Jay Coles < cjcoles@meridiancity.org >; Charlene Way < cway@meridiancity.org >; Chris Johnson <cjohnson@meridiancity.org > Cc: Mike Wardle < mwardle@brightoncorp.com >; Jon Wardle < jwardle@brightoncorp.com > Subject: Pollard Sub. - REVISED Staff Report Please use this one rather than the one I sent a bit ago. Thx! City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org 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.