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CC - Applicant Response to Staff Report - 10/4APPLICANT RESPONSE to the Conditions of Approval for Hill's Century Farm Commercial Subdivision MDA PP (H-2016-00092) October 4, 2016 City Council Hearing KEY: Proposed Modification / Applicant Comment — Blue 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5. 1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Improve S. Ww,i ", 64o@ Hillsdale Ave. as a public street adjacent to the east boundary of this site as required by Ada County Highway District. COMMENT. Street Name Committee has approved name change from Howry Lane to Hillsdale Avenue. b. Business hours of operation for retail stores in the C-N district shall be limited from 6:00 am to 10:00 pm as set forth in UDC 11-2B-3A.4, except for the YMCA which is allowed to operate from 5:00 am to 10:00 pm. COMMENT. The proposed assisted living facility will be operational 24/7, and the medical clinic may provide emergency services beyond the noted hours. Thus, the restriction is proposed to be for retailers only. e. The existing home in the R-8 zoning district that is proposed to remain at the south boundary of the annexation area midway between S. Eagle Road and S. Howry Lane shall be required to hook up to City water and sewer service within 60 days of services becoming available from the development of the adjacent R-8 zoned propery per MCC 9-1-4A; the existing home that fronts on E. Amity Road that is proposed to be removed with redevelopment of the site and the existing home that fronts on S. Howry Lane that is proposed to remain in the C-N district as long as the Hill's reside there are not required to hook up to City services. COMMENT. That home is the applicants and will be provided sewer and water service when the adjacent R-8 zoned property is developed. g. Because the conceptual "bubble" plan for the mixed use area shown in Exhibit A.3 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law (Exhibit `B") is very conceptual in nature and only depicts future possible uses and no site details, a more detailed plan shall be submitted through an amendment to the development agreement and approved prior to a final plat application being submitted and any development occurring beyond the school/YMCA/park site and C-N commercially -zoned site. To ensure development is consistent with the objectives and vision of the MU-N designation, at a minimum, the future plan should incorporate the following the following items will be considered in reviewing development applications: COMMENT. Without the modification above, Hill's Century Farm Commercial Sub will be subjected to multiple DA modifications —each time a specific use is proposed for the "undefined" lots. The City is able to control the commercial objectives of the DA through the CZC process, as long as the uses conform to the "sample uses" of the Mixed -Use Neighborhood FLUM Designation [below] and the permitted or conditional uses cited in UDC Table 11-211-2. Should there be any deviation therefrom, a DA Mod would be appropriate. MU-N Sample Uses: Townhouses, multi -family developments, neighborhood grocer, drug stores, coffee/sandwich/ice-cream shops, vertically integrated buildings, live -work spaces, dry cleaner/laundromat, salons/spas, daycares, neighborhood -scale professional offices, medical/dental clinics, gift shops, schools, parks, churches, clubhouses, public uses, and other appropriate neighborhood -scale uses COMMENT. Delete as unnecessary; this project fronts the City Park/YMCA/Hillsdale Elementary School complex. There is no need to replicate or mirror those elements on the commercial site. 6. COMMENT. Delete as non -applicable; there are no such existing residential uses in the area. CoMMi , r. Delete; many of the proposed uses beyond the already constructed school, i.e., the soon -to -be -constructed YMCA, the proposed medical clinic and assisted living facility, and the other "community serving facilities" cited in l.l.l.iv, above, may exceed the 20,000 s.f. limit. i. The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site as shown on the conceptual development plan, and the assisted living facility and medical clinic shown on the detailed site plan approved with H-2016-0092. COMMENT. Concur with staffs addition. B. Agency & Department Comments 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 7/14/16, shall be revised as follows: COMMENT. Delete; these conditions appear to be based on policy rather than Code requirements. The preliminary plat is drawn on a zoning boundary not the parcel tine. While the R-8 zoned portion west of Tavistock Ave. could be included in the preliminary plat, it will not be final platted until the R-8 area to the west is developed through a future application. Inclusion of an R-8 lot in a commercial subdivision will only confuse future actions. Thus, we request deletion of both conditions. �Tf£••-,• a ,, d@rie+ivR•4�i, Fw4Eand d.F�43FitFFCTri�EFFEFFTi9 COMMENT. Accesses have been approved by ACHD; City Council waiver is requested. 1 . 1.2 The landscape plan included in Exhibit A.3, dated 7/14/16, shall be revised as follows: ,1_._ k@. 1!4dR.._. ,r,l.. _ - .,1 ..1:.:,.._ .. i i i ,.1_ (See l.l.l.it-b, above) . 1, ,. ,. ._.�....,r._ 1:,.. ,.,r _ 1 ;WC= 1 1 � n - (see 1.1.1.C, above) 1.2 General Conditions of Approval 1.2. (See l.l.l.c, above). 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible for the extension of sanitary se��er and -water mains to prov idc servic _ COMMENT: This project will construct required water main loops from Amity via Tavistock Ave and Hill Park St to the City Park, YMCA and Hillsdale Elementary School through to Hill's Century Farm Subdivision PLUS a 12" water main from Hill Park St north to Amity in Hillsdale Ave (AKA Howry Ln). Inasmuch as staff has concluded that there is sufficient fire flow at the end of the 12" Hillsdale stub at Amity, construction of the Amity Rd segment from Tavistock to Hillsdale should be required of future development projects north of Amity. THE P&Z COMMISSION DID NOT COMMENT ON THIS ITEM DUE TO INSUFFICIENT FIRE FLOW MODELING INFORMATION THIS HAS BEEN THE SUBJECT OF ON -GOING DISCUSSION WITH STAFF SINCE THE P&Z HEARING AND MAY BE "UP-DATED"VERBALLY AT THE HEARING 2.2 General Conditions of ADDroval 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. 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 I I" 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 signature of the final plat by the City Engineer. COMMENT: This modification was approved by City Council action in two recent applications. Easement aD roval prior to approval of development plans unnecessarily delays a project. Accommended for approval by P&Z Commission '.�.� All existing structures within the bounds of the plat or right-of-way that are required to be removed shall be prior to signature on the final plat by the City Engineer. COMMENT: Deletion of the requirement to include the R-8 zoned portion of the underlying parcel renders this condition moot except for outbuildings, as qualified. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for bWdinj occupancy permits. COMMENT: This modification has been requested and granted for prior commercial projects since more than one building may be constructed on a commercial lot. ecommended for approval by P&Z Commissio 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved, or bonded. prior to obtaining certificates of occupancy. COMMENT: Same language modification was approved by the Council in the recent TM Crossing Subdivision application hearing. ecommended for approval by P&Z Commissio