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HomeMy WebLinkAboutApplicant Response to Staff ReportOAAS LA EY September 6, 2007 TO: Sonya Watters, Associate City Planner FROM: Chris Tverdy, Project Manager, Oaas Laney, LLC SUBJECT: Emerson Park Commercial Staff Report Dear Sonya, RIE CEI SEP 0 6 2007 City Of Meridian CityClerk Office On behalf of the Emerson Park development team, I would like to submit this letter to you as a summary of our feedback regarding your staff report on the Emerson Park Commercial development. The Applicant, Kuna Victory, LLC agrees to comply with the conditions of approval in Exhibit C except as follows. Condition 1. L I The preliminary plat labeled as Sheet 1 of 1, prepared by Toothman-Orton Engineering Company, dated July 6, 2007, is approved with the conditions listed herein. The Applicant shall comply with all previous requirements of this site including those associated with AZ-03-038, PP- 03-007, CUP-03-071, MI-06-005, and Development Agreement Instrument No. 's 104153422 & 106155843. Applicant Response: Applicant agrees to comply with the Development Agreement (Instrument No. 104153422) as has been amended (Instrument No. 106155843) and which may need to be amended again to comply with the approval of PP-07-014. The requirements associated with AZ- 03-038, PP-03-007, and CUP-03-071 relate to prior application approvals that the present application (PP-07-014) is intended to replace. Therefore, the requirements of this application should subsume the requirements found in AZ-03-038, PP-03-007, and CUP-03-071. Staffs Response to Applicant Response Staff agrees that the current DA for this site will need to be amended to reflect the current project. The original DA was drafted for a four lot subdivision. As you will see in some of the applicant's comments below, there are several provisions in the DA that will be outdated if the subject preliminary plat is approved. Staff recommends that the Commission add a condition of approval that requires the applicant to submit a Miscellaneous Application to amend the current DA on this site that reflects the conditions of approval for the subject preliminary plat Condition 1.1.4 ' Widen or reconstruct the existing sidewalk along S. Meridian Road to be a 10 foot wide pathway in compliance with UDC I1-3H-4C4 and place said sidewalk/pathway within a public use easement shown on the face of the final plat (for any portion outside the right-of-way). Applicant Response: As stated in the staff report and as required by the City of Meridian, Applicant recently constructed a 5-foot wide pathway along S. Meridian Road. Applicant requests this condition be removed allowing the current 5-foot sidewalk to remain. Staffs Response to Applicant Response: A detached 5' wide sidewalk was required to be constructed along Meridian Road/SH69 as a PD amenity with CUP-03-07. This requirement was based on previous City Code. It has been four years since this property was annexed and approved for a four lot subdivision. According to the UDC, all new developments are required to construct a l0 foot wide multi -use pathway along State Highway 69. For continuity with adjacent developments, this condition should be complied with. Condition 1.1.5 A driveway stub to the north property boundary and cross -access easement is required to be provided to parcel #R2114050305. The driveway shall be a minimum of 20 feet wide and be constructed to ACHD standards. Cross -access shall be provided through a recorded document and a copy of said easement shall be submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross -access. Applicant Response: In principle, Applicant agrees with this condition and will begin the needed engineering work to accommodate this request. Applicant is concerned with the potential for incompatible zoning and because we do not know how the parcel is planned to be developed, are concerned with additional traffic volumes through Emerson Park. Staffs Response to Applicant Response: Staffs recommendation that access be provided to the parcel to the north is based on UDC 11-3H-4B3, Development Along State Highways, which requires the construction of a street generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road, regardless of zoning. The parcel to the north is currently zoned RUT in Ada County and the Comprehensive Plan Future Land Use Map designation is Low Density Residential. However, the existing use of the property is a veterinary clinic. Additionally, the Comp Plan (Ch. VII, page 101) allows areas with a residential designation, at the discretion of City Council, to request office uses if the property has frontage on an arterial street or section line road and is 3 acres or less in size. Further, regardless of current or future land use, Staff believes that it is appropriate to have a frontage/backage road paralleling the state highway in this location. Condition 1.1.6 b Provide a minimum 25 foot wide landscape buffer along E. Victory Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of I tree per 35 linearfeet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Victory Road buffer to meet this requirement. Applicant Response: Per the terms of the Development Agreement Instrument No.'s 104153422 & 106155843, the developer was allowed to place the landscape buffer in the E. Victory Road right-of-way. Subsequently, one building and parking lot was constructed based on these Development Agreement for landscape buffering requirements along E. Victory Road. requirements. Applicant requests the Commission to remove this condition and use the previous S_ taff's Response to Applicant Response • When the Mussell Corner Subdivision was approved, Victory Road was only classified as a collector roadway and the signal at Meridian/Victory had not been constructed. Since that time the street classification for Victory Road has changed to an arterial street in which ACHD requires 96 feet of right-of-way for the construction of a S- lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes (as a collector Victory would have only been a 3 or 4 lane road). Because of the re-classification of Victory Road and the higher intensity of the proposed use, Staff believes that the Applicant should provide the full 25 foot wide buffer outside of the ultimate right-of-way, as the entire 48' will be used for the future expansion of Victory Road. If the Commission does not require this, when Victory Road is widened there will be no landscape buffer. Condition L1.6f Depict a 10 foot wide multi -use pathway along S. Meridian Road as required by UDC 11-3H- 4C4. Applicant Response: See Applicant's Response to Condition 1.1.4 Staffs Response to Applicant Response • See Staffs response to condition 1.1.4 above. Condition 1.1.7 A minimum 35 foot wide street buffer is required along S. Meridian Road; a minimum 25 foot wide buffer is required along E. Victory Road; and a minimum l0 foot wide buffer is required along Holleran Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent easement/buffer or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. Applicant Response: Applicant agrees with this condition except the provisions relating to the 25-foot wide buffer along E. Victory Road, as stated in Applicant's Response to Condition 1.1.6.b. Staffs Response to Applicant Response See Staffs response to condition LI.6 b above. Condition 1.1.13 Direct lot access to Meridian Road is prohibited- other than the access points specifically approved with this application, direct lot access to S. Meridian Road and E. Victory Road is prohibited and shall be noted on the final plat. Applicant Response: Applicant would like the opportunity to relocate the existing access from Meridian Road to the north if agreeable by ITD and the owners of Double D. As such, Applicant requests this condition be modified to include, "unless otherwise agreed to by the Meridian City Council." Staffs Response to Applicant Response Staff concurs that this condition be modified as stated by the Applicant and adding the language "...City Council, and ITD'. (Note: A Variance is required to be approved by City Council for the relocation of an existing access point to a state highway.) Condition 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACIID, City of Meridian and all other regulatory requirements at the time offinal construction. Applicant Response: Applicant agrees with this condition. However, Applicant wishes to confirm that the existing landscaped pond may remain in its current form on the common lot identified as Block 2, Lot 6, and such pond is deemed to be in compliance with this condition. Staffs Response to Applicant Response Staff concurs that the existing pond may remain in its current form on Lot 6, Block 2, provided that the pond have re -circulated water and be maintained such that it does not become a mosquito breeding ground, in accordance with UDC 11-3B-9C6. �.i ",./ Condition 2.1 Sanitary sewer service for the north portion of this development shall be via extension of the main in Meridian Road. The south portion of the project will sewer to the Black Cat trunk that will need to be installed in E Victory Road. The applicant will be responsible to install a portion of the Black Cat trunk along their south frontage on E Victory Road starting from a manhole that will be located on the West side of Meridian Road at the developer's expense. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size, manhole locations and routing with the Public Works Department. The applicant shall execute standard or any mains that are required to provide service. Minimum cover over forms of easements f 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 Applicant Response: Applicant has engaged in several productive conversations with Meridian Public Works and agrees in principle with the request for the applicant to install the extension of the Black Cat main along the property frontage on E. Victory Road. Applicant requests the City of Meridian engage in engineering work with the applicant to determine the details of this project. Additionally, Applicant requests the City of Meridian enter into a reimbursement agreement with Applicant for this sewer trunk extension once the engineering requirements are completed. Staffs Response to Applicant Response Staff will work with the applicant to draft a reimbursement agreement that will go before Council for approval, as outlined in City Code 9- 4-19. Condition 3.17 This project will be required to provide an emergency access driveway at the north end of Holleran Drive to S. Meridian Road with a 20' wide swing or rolling emergency access gate setback 30 feet from S. Meridian Road. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. Applicant Response: Applicant agrees with this requirement and desires to have the option of incorporating the required emergency access into the requested stub street along the north border of the property. Staff s Response to Applicant Response Staff agrees that the condition be modified to require an emergency access driveway to S. Meridian Road at the northern portion o thed rather than specifically at the north end of Holleran Drive. This change is based on theopment applicant's proposal to potentially relocate access to the highway, as stated in Condition 1.1.13. If the relocation occurs, the new driveway may serve as both an emergency access and access for the development Fire Department. Construction plans for the access drive shall be approved by the Meridian " 'AIL} � of � =7 W Mrw qq o CSi 64