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PZ - Applicant Response to Staff Report1 APPLICANT RESPONSE to the Conditions of Approval for Hill’s Century Farm Commercial Subdivision MDA PP (H-2016-00092) Hearing Date September 1, 2016 KEY: Concur = Red / Modification = Black / Comment = Blue Exhibit A.5: Proposed Modifications to Development Agreement as Recommended by staff 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. Howry Lane 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 UDC11-2B-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. c. Future development of this site shall be generally consistent with the concept plans submitted with this application included in Exhibit A.3 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law (Exhibit “B”). d. Future development of this site should include a pedestrian pathway network that links the mixed use area with the residential and the elementary school/YMCA site as well as adjacent off-site properties. Vehicular connections should also be provided for interconnectivity within the site. 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 property 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. f. The rear or sides of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 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 2 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 modifications 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 and the permitted or conditional uses cited in UDC Table 11-2B-2. Should there be any deviation therefrom, a DA Mod is appropriate. i. Buildings in the commercial portion of the development should be arranged to create some form of common usable area such as a plaza or green space; 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. ii. Transitional uses and/or landscape buffering should be provided between commercial and existing low- or medium-density residential development; COMMENT. Delete as non-applicable; there are no such existing residential uses in the area. iii. The project should include at least 3 types of land uses; iv. Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches, daycares, civic buildings, or public safety facilities) should be provided; v. Public and quasi-public spaces (i.e. plazas, parks, outdoor gathering areas, open space, library and schools) should comprise a minimum of 10% of the development area; vi. Street sections consistent with the Ada County Highway District Master Street Map are required; vii. Neighborhood serving uses and dwellings should be integrated; viii. Residential uses should comprise a minimum of 40% of the development area with net densities ranging from 4 to 8 units per acre with supporting non-residential services. Non- residential uses should be smaller scale and provide a good or service that people typically don’t travel more than a mile for and need regularly; ix. Non-residential buildings should be proportional to and blend in with residential buildings; x. Employment opportunities for those living in the neighborhood are encouraged; xi. Connectivity and access between non-residential and residential land uses is critical; xii. Maximum building size should be limited to a 20,000 s.f. building footprint (excluding the school site) unless a structure contains a mix of both residential and office or commercial land uses; COMMENT. 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 1.1.1.iv, above, will exceed the 20,000 s.f. limit. 3 xiii. Planning of the C-N property north of the park and YMCA shall consider appropriate visibility, parking and emergency access to the future neighborhood park. h. A landscape buffer to residential uses is not required adjacent to the Hill home at the southeast corner of the site as buffering will be achieved through the adjacent City Park, YMCA and school complex and the property will eventually be part of the YMCA site. 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 staff’s 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: a. Include the western 171.42 foot wide R-8 zoned area depicted within Parcel 2 on the Record of Survey (#10215) within the boundary of the plat. b. Include a street buffer within a common lot along S. Tavistock Ave. and E. Amity Road as set forth in UDC 11-2B-3 on the R-8 zoned portion of the site. The buffer is required to be maintained by the Homeowner’s Association; a note should be added on the plat accordingly. COMMENT. These conditions appear to be based on policy rather than Code requirements. The preliminary plat is drawn on a zoning boundary not the parcel line. 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. c. Remove the access driveways depicted via E. Amity Road and S. Hillsdale Avenue unless a waiver is approved by City Council to the standards listed in UDC 11-3A-3. COMMENT. Accesses have been approved by ACHD; City Council waiver is requested. d. A cross-access/ingress-egress easement shall be granted between lots in the proposed subdivision in accord with UDC 11-3A-3. e. Include the 2 common area lots in the Development Data table. 1.1.1 The landscape plan included in Exhibit A.3, dated 7/14/16, shall be revised as follows: a. Include all of the area shown within Parcel 2 on the Record of Survey recorded as #10215 within the boundary of the site as required in condition #1.1.1a above. (See 1.1.1.a-b, above) b. Remove the access driveways depicted via E. Amity Road and S. Hillsdale Avenue unless a waiver is approved by City Council to the standards listed in UDC 11-3A-3. (See 1.1.1.c above) c. No trees are allowed within the portion of the street buffer along S. Hillsdale Avenue that contains the easement for the Cunningham Lateral. The applicant shall submit an application for alternative compliance to UDC 11-3B-7C.3 as set forth in UDC 11-5B-5. d. Include a street buffer along S. Tavistock Ave. as set forth in UDC Table 11-2B-3 per the standards listed in UDC 11-3B-7C. 4 1.1.3 Construct S.Tavistock Ave. as a complete street section within this site with a stub to the adjacent property to the south. 1.1.4 The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-N zoning district listed in UDC Table 11-2B-3. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. (See 1.1.1.c above). 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. COMMENT: Waive or delete pending amendment of UDC process requirements for neighborhood meetings and City Council hearings for irrigation ditches and easements. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non-residential uses. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 5 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 6 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible for the extension of sanitary sewer and looped water mains to provide service to the City Park, YMCA, Hillsdale Elementary School and Hill’s Century Farm Subdivision., including, but not limited to a 12-inch water mainline across the development frontage in E. Amity Road per MCC 9-1-11B. 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). Construction of the Amity Rd segment from Tavistock-to-Hillsdale should be required of future development projects north of Amity. 2.1.2 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://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the 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. 2.2.2 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. 2.2.3 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 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 signature of the final plat by the City Engineer. COMMENT: This modification was approved by City Council action in two recent applications. Easement approval prior to approval of development plans unnecessarily delays a project. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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 shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 7 2.2.5 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. 2.2.6 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 tiled 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. 2.2.7 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. 2.2.8 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. 2.2.9 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 building 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. 2.2.10 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. 2.2.11 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. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 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. 8 2.2.18 The 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. 2.2.19 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. 2.2.20 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. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. 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 on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 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. 2.2.23 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, water 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 887-221.