HomeMy WebLinkAboutStaff Comments
MAYOR
TammydeWeerd
j
CITY HALL
(208) 888-4433 - Fax 887-4813
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Roun""e
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211- Fax 898-9551
PLANNING DEPARTMENT
(208) 884-5533 - FAX 888-6854
MEMORANDUM:
City Council Hearing Date: May 24, 2005
Transmittal Date: May 18, 2005
To:
Mayor and City Council
Brad Hawkins-Clark, Principal City Planner ~
RE C E lVE D
MAY 1 9 2005
From:
Subject:
Sommersby Subdivision - Development Agreement
City Of Meridian
City Clerk Office
Request for Miscellaneous Application to ModifY a Condition in the
Development Agreement (DA) for Sommersby Subdivision, by Confluence
Management, LLC (File No. MI-O5-004)
Staff has reviewed the above referenced submittal and offers the following comments:
APPLICATION SUMMARY & LOCATION
The applicant, Confluence Management, LLC, has submitted a Miscellaneous Application (MI)
to amend the recorded Development Agreement (Instrument #100103906) for the property at
890 N. Ten Mile Road (approved as Sommersby Subdivision on January 18,2005 and
previously approved as Valeri Heights Subdivision). Parties to the existing DA are David and
Shirley Fuller, Owners, and Gold River Companies, Developer. Due to a number of factors, the
prior Valeri Heights project was never constructed and the former preliminary plat expired (the
Conditional Use Permit [CUP] remains valid since it preceded the expiration clause added to
Title 11 in 2002). The property was annexed and zoned in 2000 and the DA remains an active
part of the property title.
This is the second request to amend the subject DA. The first application (File No. MI-04-011)
was submitted and approved with the Sommersby plat and CUP applications earlier this year.
However, the applicant chose not to proceed with signature and execution ofthat DA because of
a disagreement with the condition restricting Certificates of Occupancy (CO) to a maximum of
41 dwelling units (9 townhomes and 8 four-plexes) until capacity improvements are made to N.
Ten Mile and Pine Avenue in 2007.
MI-O5-004
Page 1
The applicant (Dave Callister) and his representatives met with the City Attorney and Planning
Department staff in a mediation session (as enabled under Idaho Statute) on February 24,2005
to review their concerns. They believe this condition renders the project economically unviable.
They are requesting the City Council revisit the adoption of staff's recommendation as they
believe it was adopted with some ambiguity and minimal input ITom the developer. Specifically,
they are proposing an increase in the allowable number of dwelling units to be occupied before
the ACHD roadway improvement project ITom the current 41 units to 109 units (increase of 68
units). (See letters ITom Engineering Solutions [Becky McKay] and Spink Butler, LLP [M.
Gregory Embrey] in the MI application for further details on this meeting and the applicant's
position.)
Since the Sommersby Subdivision public hearings were closed on all three (3) applications (PP,
CUP and MI) and the Findings of Fact, Conclusions of Law and Decision and Order were
approved, staff saw no other option to revisit the January 2005 decision other than submitting a
new MI application.
While not addressed in the subject application, it is staff's understanding that the applicant
desires to still have all DA modifications granted under MI-04-011 incorporated into the
amended DA - with the exception of the CO limitation (which is the sole reason for this second
request). So, if approved, the new DA would replace all references to the Valeri Heights project
with the Sommersby Subdivision conditions of approval (as granted under MI-04-011), with the
exception of the development phasingitimeITame, which will reflect the City Council decision of
the subject application.
The subject property is located on the northeast comer ofN. Ten Mile and W. Pine Avenue in
T.3N., R.1W., Section 11.
Staff recommends approval of the applicant's request to amend the Development Agreement.
We recommend using the alternative condition of approval as proposed on page 2 ofMr.
Embrev's April 15. 2005 letter. with one change regarding the timing (as noted below).
OWNER OF RECORD
The owner of record for the subject property is David and Shirley Fuller. Both persons have
submitted notarized consent for the subject application to be submitted by Confluence
Management, LLC (represented by Becky McKay, planner, and M. Gregory Embrey, attorney).
STAFF ANALYSIS
Listed below are some of the main points and arguments made by the applicant as to why the
maximum number of dwelling units allowed before ACHD's roadway projects should be
increased ITom the current ceiling (of 41) to 109 dwelling units (townhomes and 100 multi-
family units). Staff's response to these points is listed in italics below each one.
MI-O5-004
Page 2
A. The City Council adopted staff's recommendation prematurely and did not address the
applicant's January 14, 2005 letter requesting clarification of the final condition.
Staff agrees that the intent of our original recommendation (for the first DA amendment)
was to spur discussion and provide "jumping off points" for the City Council's
deliberation; it was not intended to be adopted as the final wording for a condition. The
January 4, 2005 minutes confirm that the City Council discussion about the timing of the
development occurred g.fjg: the public hearing was closed - which did not allow the
applicant the opportunity to dialogue with the Council about the potential impacts of the
condition.
B. The Courtyards at Ten Mile project south of Pine Avenue will be installing two left-turn
bays which will add capacity to the intersection prior to the 2007 ACHD project.
The developer of the Courtyards project has received preliminary A CHD approval for
the design plans of the center turn lanes on Ten Mile and Pine Avenue. Construction of
the turn lanes is expected to begin in the next three weeks. While this is only intended to
be a temporary fiX to the intersection, it may provide some relief to the congestion.
However, as ACHD staff testified at an April City Council meeting on the Courtyards,
such restriping and temporary measures can sometimes create more confusion for the
driver and have the opposite affect of increasing potential hazards at the intersection.
C. The opening of Mountain View High School has had the affect of decreasing the number
of vehicle trips on Pine Avenue, making the intersection less of a safety concern.
Staff has not been able to confirm with A CHD the traffic count figures presented in the
application (a decrease of 165 trips per day since 2000), but we have no reason to doubt
their efficacy. It is clear from the school district boundary maps that high school
students living south of 1-84 would no longer need to cross the Ten Mile Road overpass
to get to Meridian High since they now attend Mt. View. It is important to note that the
traffic figures the applicant presents are total daily trip counts and do not reflect peak
AM or peak PM counts. As such, the peak AM counts may have reduced since the new
school opened but it is unlikely the peak PM counts are any different today than in 2000.
D. ACHD approved Sommersby Subdivision without occupancy limitations.
The applicant included the A CHD staff report in their application and staff has
confirmed that no discussion of restricting the phasing is in that report. Page 3 of the
report notes that the Level of Service on both Pine and Ten Mile is "Better than C, "
which is acceptable under ACHD adopted policies. However, the City Council was
aware of this fact at the time of making a decision on Sommersby 's applications, so it's
difficult to see the relevance.
E. The traffic impact study does not support occupancy limitations.
MI-O5-004
Page 3
Again, staff confirms this is a true argument. We agree that the technical transportation
warrants and factors do not support a limit on vehicle trips (and subsequently CO's) and
seem to reflect that Ten Mile and Pine have adequate capacity to handle Sommersby 's
build-out trip generation. However, the City Council's decision on this point was more
guided by èoncerns for public safety of nearby residents and a desire to honor the
original Valeri Heights DA conditions than it was guided by the technical data.
F. The occupancy limitations will disrupt ACHD's improvements to N. Ten Mile Road.
Staff agrees that the construction phasing and logistics would likely work better if
Sommersby Subdivision infrastructure improvements precede the roadway projects.
As noted above, the City Council has already approved one amendment to the Sommersby DA.
That approval allows all of the attached conditions (taken ITom the original Valeri Heights DA)
to be replaced with the new Sommersby conditions of approval. (See the most pertinent
conditions attached, as taken ITom the last 3 pages of the Findings for File PP-00-005, Valeri
Heights).
If this second MI application is approved as submitted, a new condition will be added to the DA
which states the following:
"The eight (8) office buildings located on Lots 33 through 40 and the four (4) eight-plex
buildings located on Lots 43 through 50 shall not be occupied until the N. Ten Mile Road
widening project and Ten Mile/Pine Avenue intersection projects are complete."
Staff generally supports the proposed change. However, we do recommend the restriction on the
future buildings be tied to the issuance of a Certificate of Zoning Compliance rather than the
CO's. As such, the new condition would be worded as follows:
"The eight (8) office buildings located on Lots 33 through 40 and the four (4) eight-plex
buildings located on Lots 43 through 50 shall not Be 8e6I! Jieà receive a Certificate of Zoning
Compliance until the N. Ten Mile Road widening project and Ten Mile/Pine Avenue
intersection projects are complete and operational."
The City Council has the option of preserving all, some or none ofthe existing DA conditions
and replacing them with conditions that are more relevant to Sommersby and that reflect the
current ACHD construction schedule.
STAFF RECOMMENDATION
Staff believes the applicant has presented a valid argument and has supported it with well
documented facts. We believe the proposed alternative condition is a reasonable "middle
ground." As noted in the analysis, we question the reasoning and assumptions of some of the
applicant's conclusions, but they are generally sound. It requires the development still be phased
MI-O5-004
Page 4
but grants greater flexibility to Confluence Management to construct a more financially secure
and sound project. We agree that several factors have changed since the original DA was
executed, most notably the ACHD road widening and intersection improvement projects in 2007
which now have 99% complete plans. We find the development timeline presented on page 3 of
Ms. McKay's April 7, 2005 letter to be reasonable and the estimate of adding approximately
608 vehicle trips per day by March 2007 will not substantially impact the health and safety of
residents in this area.
Staff recommends approval of the subject application with the alternative condition being
worded as follows:
"The eight (8) office buildings located on Lots 33 through 40 and the four (4) eight-plex
buildings located on Lots 43 through 50 shall not Be Ðe611fJieà receive a Certificate of Zoning
Compliance until the N. Ten Mile Road widening project and Ten Mile/Pine Avenue
intersection projects are complete and operational."
[Please note that if the Council chooses to approve this application, there would be no
conditions of approval. It is solely a request to amend the existing DA.]
MI-O5-004
Page 5
ATTACHMENT A
2.33 Applicant shalI vetify all existing utilities within the right-of-way.
Existing utilities dAmaged by the applicant shall be repaired by the
applicant at no cost to ACHD.
2.34 No' change in Ìhe terms and conditions of tills approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the
ACHD. Applicant shall be responsible to obtain written confirmation
of any change from ACHD.
2.35 Any change by the applicant in the planned use of the propeny shall
require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force, urness a
waiver/variance of said requirements or other legal relief is granted.
2.36 Applicant additionally meet the requirements within the ACHD's letter
of August 15, 2000; exœpt to the extent modified by any findings or
order adopted by the Meridian City COlmcil.
Adopt the Recommendation from the Meridian City Fire Department as follows:
2.37 Access to the end apanments to puil hoses will need to be improved.
Adopt the Recommendations from the Nampa & Meridian Irrigation District:
2.38 The District's Eightmile Lateral courses through the northeast corner of
the project, and therefore, the District reserves the right to deem what is
necessary as a right-of.way for operation and maintenance. Any
encroachments shalI be approved through a signed license agreement.
Adopt the Recommendations from the Community Planning Association of
Southwest Idaho (COMPASS) as follows:
2.39 Develop a transportation management plan in coordination with ACHD
Commuteride Program. The transportation management plan shall be
submitted to the Highway District for review and approval. Identify
how the development shall meet a IO% trip reduction goal during peak
hour traffic, and also provide short and long term scenarios for trip
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD
RIVER COMPANIES. INC.. / VALERI HEIGHTS SUB. (PP-OO-oOS)
- 10
MI-O5-004
Page 6
reduction goals.
2.40 In addition to the ACHD requirements. cross walks shall be placed at
both Ten Mil~ Road and Pine Street for pedestrian comfort and safety,
espedally the children walking to and from school (across Pine Street).
Additionally, adopt the CommitmentS from Susan Wildwood's letter dated
September 13. 2000, and the Applicant's testimony, and the Applicant shall so
comply as follows:
2.41 Install a traffic signal at Ten Mile Road and Pine Street.
2.42 Redesign the office building to make the exterior more attractive by :
using decorative window and door styles on all sides of the building;
provide a weather access and a "CUt-through" through the building from
the parking lot to the traffic signal.
2.43 Restrictions on the type of businesses (no bars or taverns), and hours of
operation for the office building, specifically 0800 to 1800.
2.44 Increase setbacks for garage buildings to 15 feet.
2.45 Reduce the number of garage units by at least two, down from 161 to
159, to increase open space and iandscaping.
2.46 Install sidewalks on the east side of Ten Mile Road between Thunder
Creek and the LDS Oltlrch.
2.4 7 Restrict the right to make application for any additional increase in the
allowed R-15 density or change of use, except as to what is allowed in
the LO designation under the conditional use for the office building.
2.48 Make 20 fanúly memberships available, on a paid basis, to the
neighbors of the Thunder Creek Subdivision in the Valeri HeightS
Homeowners' Assodation.
2.49 Continue to work with neighbors regarding minor issues, such as
fencing. parties and other on-going activities in the project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD
RJVER COMPANIES, INc.. / VALERJ HEIGHTS SUB. (PP-Oo-OO5)
.11
MI-05-004
Page 7
.~----~--- ~-- -~
Adopt the funher requirements of the City Coundl from their September 19,
2000 meeting as follows:
2.50 Applicant to Í{!St,ill a stoplight at the intersection of Pine Street and Ten
Mile Road with a left turn lane and sidewalks on Ten Mile~
2.51 Gray Goud Way shall be gated with a security gate wlùch wouJd allow
access only to pedestrians, bicycles and emergency vehicles.
No structural building permits may be issued until all of the
improvements reqwred by the City in this decision are built and all other
conditions are met.
. h(-
~y action of the City Council at its regular meeting held on the ,g - day of
't'veft.-/;e-.., ,2000.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT FOR DAVID ~D SHIRLEY FULLER AND GOLD
RlVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP.oO-OOj)
- 12
MI-05-004
Page 8