PZ - Applicant Response to Staff Report for 3-19Lost Rapids Townhomes (H-2019-0146) - Applicant’s Response to Staff Report
Our proposed modifications to Staff’s conditions have been included in red below to differentiate
among the accepted conditions. We have included a justification for each modification as applicable.
IX. CITY/AGENCY COMMENTS
A. Planning Division
1. Future development of this site shall comply with the provisions in the Development
Agreement (H-2018-0004 Inst. #2018-079970) and the conditions contained herein.
2. The Developer/Owner shall comply with the specific use standards listed in UDC 11-4-3-27,
Multi-Family Development.
3. The site/landscape plan submitted with the Certificate of Zoning Compliance application
shall be revised as follows:
a. All street facing elevations shall have landscaping along their foundation in accord with
the standards listed in UDC 11-4-3-27E as follows: 1) the landscaped area shall be at least
three feet (3') wide; 2) for every three (3) linear feet of foundation, an evergreen shrub
having a minimum mature height of twenty four inches (24") shall be planted; and 3)
ground cover plants shall be planted in the remainder of the landscaped area.
b. Depict a maintenance storage area and a directory & map of the development at an
entrance or convenient location for those entering the development as set forth in UDC 11-
4-3-27B.7.
c. Shrubs shall be provided along with trees within the street buffer along W. Lost Rapids
Dr. per UDC 11-3B-7C.3a.
d. A pedestrian pathway shall be provided to the north in alignment with that planned
to the subject property for pedestrian interconnectivity in accord with UDC 11-3A-
19B.2a and shall connect to an internal walkway as depicted on the pedestrian plan
in Section VIII.A.
In accord with the Fire Department’s request and requirements we have added an
additional pedestrian pathway that can be used to accommodate emergency access to
the north between Buildings G and H.
e. Include a minimum 5-foot wide sidewalk along the east boundary of the site adjacent
to the north/south driveway.
We propose that this condition be removed as a 10-foot multi-use pathway will be
constructed along Ten Mile Rd., less than 300’ to the east of the subject site. We foresee
our residents utilizing the pathway along Ten Mile as it will accommodate multi-modal
pedestrian traffic and will connect with another 10-foot multi-use pathway slated for
construction with the Lost Rapids subdivision along Chinden Blvd. Internally, we
anticipate the majority of residents will use the pedestrian path we have proposed
between Buildings G and H, as depicted in Exhibit VIII.A and the sidewalks we agree to
install on both sides of the main entrance (per a portion of staff’s recommended condition
IX.A3.g). As City Code allows, we propose these alterations to staff’s recommendation as
the alternative pathway along Ten Mile will be more accommodating.
f. Depict a break in the berm/fence and a pathway between Buildings D & E to allow
for pedestrian connectivity from the internal walkway to the sidewalk along W. Lost
Rapids Drive.
We propose that this condition be removed to safeguard the privacy and safety of
residents within the development by preventing non-residents from entering the
development in an inconspicuous area between residences. Additionally, a break in the
berm and fence to accommodate a pathway would allow sound created by traffic and
other associated uses of Lost Rapids Drive, a collector roadway, to enter the adjacent
residential buildings more easily.
g. Depict a minimum 5-foot wide sidewalk on either side of the driveway from W. Lost
Rapids Dr. and along the entire east boundary of the site adjacent to the
curb/driveway.
We are amenable to accommodating a 5-foot sidewalk on either side of the driveway into
the development from W. Lost Rapids Dr., as recommended. However, we would like to
remove the recommendation to construct a sidewalk along the entire east boundary of
the site adjacent to the drive aisle. We believe residents within the development will
utilize the pedestrian path we have proposed to the north and the pathway along the
entrance as recommended by staff.
h. Depict a tree and planter area at the end of the row of parking on the southeast side of the
clubhouse.
i. Extend the access driveway between Buildings H and I to the east boundary of the
site for access to the north/south driveway planned to abut the site for secondary
emergency access for the Fire Department and access and interconnectivity with the
commercial portion of the development.
We propose to remove this condition as we have coordinated an emergency access to the
north and would prefer to maintain the privacy and security of residents by reducing cut-
through traffic and additional access points. Focusing ingress and egress to the
development to a centralized and visible location will alleviate congestion and potential
conflict experienced by commercial users and pedestrians in the adjacent development to
the north and east. Residents will be able to access the development from one centralized
location and can connect to the commercial use to the north via a pedestrian connection
as proposed. Although we recognize that City Code typically requires access be taken
from local roads where available, the drive aisle adjacent to the development is a private
road that will likely be used by various commercial users throughout the day, increasing
the importance of buffering the residential use from the surrounding commercial uses.
j. Provide additional bicycle racks between Buildings C & D and D & E and for
Building I.
We propose to remove this condition as we are currently providing the required number
of bicycle parking spaces at central locations for buildings within the development. Each
of the bicycle racks depicted can accommodate 8 bicycles.
k. Depict all site amenities on the plan. At least two (2) qualified site amenities are
required in addition to the proposed clubhouse, swimming pool, fitness facility and
enclosed bike storage per the standards listed in UDC 11-4-3-27D, as follows:
children’s play equipment; and an amenity from the Open Space category such as a
picnic area with a shelter, picnic tables and BBQ or a community garden, or ponds
or water features, or a plaza (or other comparable amenity) per the standards in
UDC 11-4-3-27D. Details of such amenities shall be included. The Applicant should
address at or before the public hearing which amenities they propose to provide to
satisfy this requirement.
We propose to modify staff’s recommendation to include a children’s play structure, as
that type of amenity is not reflective of the project we are envisioning or the demographic
we foresee being drawn to this development. Additionally, the Keith Bird Park is
approximately 200 feet to the west and will provide ample space including children’s play
equipment. In conjunction with the recreation amenity we have provided, a plaza is
included that can be utilized for BBQs, picnics and other outside gatherings. As you can
see in the renderings we’ve submitted with the application, our pool, clubhouse, and
plaza area will be more robust and upscale than might be typically included in an amenity
package.
l. Relocate the fence along the east boundary of the site a minimum of 5 feet from the
back side of the sidewalk required above and landscape the area.
We propose to remove this condition as relocation of the fence would not be necessary if
a sidewalk is not required as we have proposed.
m. Shift Building G to the east consistent with the qualified open space exhibit.
4. Qualified open space shall be provided within the development in accord with the standards
listed in UDC 11-3G-3C and 11-4-3-27D as shown in the qualified open space exhibit in
Section VIII.C.
5. All multi-family developments shall record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features as set forth in UDC 11-4-3-27F. A recorded copy of said documents shall be
submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for
the development.
6. Prior to issuance of any building permits on this site, a property boundary adjustment
application shall be approved and a Record of Survey recorded for the reconfiguration of
existing parcels to coincide with the boundary of the preliminary plat per requirement of the
Development Agreement (Inst. #2018-079970); or, the final plat shall be recorded that
depicts the proposed configuration of the site.
7. The proposed structures shall comply with the setback standards listed in UDC Table 11-2A-
8 for the R-40 zoning district and the Building Code separation requirements; to ensure
compliance with setback standards, the plat should be recorded prior to submittal of these
applications.
8. Prior to issuance of the first Certificate of Occupancy within this development, the street
buffer landscaping and detached 10-foot wide multi-use pathway/sidewalk within a 14-foot
wide public pedestrian easement shall be completed along the entire frontage of SH 20-
26/Chinden Blvd.; and the street buffer landscaping and 5-foot wide detached sidewalk along
N. Ten Mile Road shall be completed for the overall Lost Rapids development per
requirement of the Development Agreement (Inst. #2018-079970).
8. Street buffers are required to be constructed with the subdivision improvements; however, if
this site develops prior to the plat recording and the subdivision improvements being
completed, the buffer shall be installed with development of this site.
9. All structures on the site shall be designed to comply with the design standards listed in the
Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review
application(s) is required to be submitted to the Planning Division and approved prior to
submittal of building permit applications.