Loading...
HomeMy WebLinkAboutResponse to Staff Reportoaas LANEY 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, City of Mk o City 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 1.1.1 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-OOS, and Development Agreement Instrument No. 's 104153422 & 1061 SS843. 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. Condition 1.1.4 RECEIVED SEP 0 6 2007 Widen or reconstruct the existing sidewalk along S. Meridian Road to be a 10 foot wide pathway in compliance with UDC 11-3H-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. Condition 1.1.5 A driveway stub to the north property boundary and cross-access easement is required to be provided to parcel #82114050305. The driveway shall be a minimum of 20 feet wide and be constructed to ACRD 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. 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 it-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet 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 requirements. Applicant requests the Commission to remove this condition and use the previous Development Agreement for landscape buffering requirements along E. Victory Road. Condition 1.1.6 f 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 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 10 foot wide buffer is required along I~olleran 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. 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." 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-1S 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 ACHD, City of Meridian and all other regulatory requirements at the time of final 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. 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 forms of easements for any mains that are required to provide service. 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 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. 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.