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Applicant Response to Staff ReportMachelle Hill From: Kendra Dean [kendradean@hotmail.com] Sent: Friday, September 21, 2012 3:16 PM To: Bill Parsons; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Three Corners Subdivision time extension staff report for 09/25/12 CC MTG Good Afternoon Bill: I understand Dave Dean spoke to you this morning about some questions and concerns we had with regard to the proposed conditions for approval #3 and #4. As I understand it, you would like these concerns to be memorialized in writing. Pursuant to that request, I am sending this letter to summarize our concerns with regard to the proposed conditions #3 and #4. Please understand that it is our primary intent and desire to meet and exceed any requirements or expectations set forth by the City of Meridian, the Community Development Department, and you personally. At the same time, when we try to reconcile the costs associated with the proposed conditions with the realities of the costs associated with developing the property given the current economic and real estate market, some concerns arise. CONDITION #3: ENTRY SIGN Proposed Condition #3: The applicant shall construct and maintain an entryway monument sign on the southeast corner of Chinden Boulevard and Locust Grove Road with development of phase 2. The applicant shall coordinate with staff on the design of the sign. The sign shall be installed prior to the issuance of the first Certificate of Zoning Compliance for the commercial development. Basis for Condition #3: The City has identified this site for a future entryway monument sign to be located on the southeast corner of Chinden Boulevard and Locust Grove. Since the second phase includes the property designated for the signage, staff is of the opinion that the entryway monument sign should be incorporated as part of the development. It is important to note that the final design and construction specifications have not been finalized but draft documents are currently under review. Concerns with Condition #3: 1. Three corners development property does not appear to be the proper location for a gateway sign. a. Chinden Road is highlighted as an entryway corridor from the eastern boundary of Fuller estates to just west of North Star Road. It seems reasonable to assume that a gateway monument would be located: 1) on the south side of Chinden Road just west of North Star Road to capture traffic entering Meridian via Chinden Boulevard from the West; and 2) on the North side of Chinden Road just east of the Fuller Estates to capture traffic entering meridian from East. It is important to note that this is actually Eagle land, so that may not be feasible. Nevertheless, the Three Corners development is located on the south side of Chinden Road less than a half mile from the Fuller Estates gateway monument location. This seems like an inappropriate place for a sign because: 1) it is located on the wrong side of the road to capture traffic coming into Meridian (and would in fact be visible to traffic leaving Meridian and crossing the meridian impact boundary in less than a half mile) and 2) it is located less than a half mile from the Fuller Estates gateway monument location making the additional sign redundant. b. Each main road running North to South which intersects with Chinden Road is also marked as an entryway corridor beginning at the Chinden intersection and ending less than a half mile south of Chinden (with the exception of McDermott Road). It seems reasonable to assume that gateway monuments located at these entryway corridors would be located on the western side of the roads just south of the Chinden intersection because that would be location which would be visible to traffic entering Meridian rather than leaving it. The Three Corners development is located on the east side of Locust Grove, approximately .12 miles from the Chinden intersection. This seems like an inappropriate place for a sign because it is located on the wrong side of the road to be visible to traffic entering Meridian (and would in fact be visible only to traffic leaving Meridian and crossing the meridian impact boundary in .12 miles). Additionally, the monument may conflict with the commercial signage on the three corners development. Finally, it is important to note that the population sign was place across the street from the Three Corners development therefore someone from the City has already assessed that the west side of Locust Grove is the appropriate place for Meridian signage. 2. It seems unduly burdensome and like a recipe for disaster to require a development to maintain a City of Meridian monument as a condition of development, particularly in light of the fact that the location will be visible only to traffic leaving meridian rather than entering it. 3. It seems unduly burdensome and like a recipe for disaster to require a development to not only "donate" the land for the monument, but also to pay for the monument. As a condition of development, particularly in light of the fact that the location will be visible only to traffic leaving meridian rather than entering it. CONDITION #4: SURETY IN THE AMOUNT OF 125% OF TOTAL CONSTRUCTION COST FOR ALL INCOMPLETE SEWER, WATER, AND REUSE INFRASTRUCTURE Proposed Condition #4: 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 depositor bond. Please contact Land Development for more information at 887-2211 Basis for Condition #4: Per UDC I1-6B-7C, with all extensions, the City Council may require the preliminary plat to comply with the current provisions of the UDC. In 2011, the City adopted new surety requirements to obtain City Engineer's signature on the final plat. If utilities are not installed, the new ordinance requires a 125% performance surety for all improvements related to public life, safety and health subject to a 20% warranty surety for all such improvements for the duration of two (2) years. At this time, City services have not been constructed on the site. In order to obtain City Engineer's signature on the plat the applicant must 1) install the infrastructure or 2) post surety for the improvements. Concerns with Condition #4: 1. Presumably, the purpose of requiring a surety on utilities which have not been built is to provide the developer with an incentive to get the improvements installed as soon as possible (so as to not be racking up the additional cost of the surety). 2. Where the developer's focus is on creating a high quality development (rather than high profit margin development) and where the developer is only anticipating breaking even, the additional cost does not create incentive but rather an obstacle. As I mentioned above, it is of the utmost importance for us to be able to meet and exceed the requests and expectations the City of Meridian, the Community Development Department, and of you personally. At the same time, we feel it is important to understand and recognize that this development situation is unique in that it is not being driven solely or even primarily by profit considerations. In fact, the only reason this development is financially viable is that the Dean's are willing to settle for breaking even on the project due to the fact that they live in Dunwoody and are building on an adjacent parcel of land which may eventually be part of the Three Corners development and therefore are primarily concerned with increasing the value and quality of life in the area. Every developer who has offered to purchase this property has indicated that they would be applying to re-plat the property to much smaller lots and has refused to keep the preliminary plat design in place as a condition to the sale. The reason for this is obvious: high end amenities and patio homes mixed with over .5 acre lots do not bring in the highest dollar amount. This context is relevant to the discussion of the proposed conditions because proposing conditions that add substantial costs to a development which is already a break even proposal has the potential to kill the project altogether. If the City of Meridian wants to encourage developers to invest in quality (rather than profit-maximizing) developments, some consideration must be placed on what burdens the City should add given each scenario. Thank you for your consideration, Kendra Kendra Dean Phone: 208.375.8580 ext # 111 Cede 208.559.4006 Fax: 208.375.8588 From: bparsons@meridiancity.org To: bnary@meridiancity.org; tbaird@meridiancity.org; jjones@meridiancity.org; jholman@meridiancity.org; kendradean@hotmail.com; mhill@meridiancity.org CC: pfriedman@meridiancity.org; bchatterton@meridiancity.org Subject: Three Corners Subdivision time extension staff report for 09/25/12 CC MTG Date: Thu, 20 Sep 2012 18:38:59 +0000 Attached is the staff report for the proposed Three Corners Subdivision time extension application (File #TEC-12-009). This item is scheduled to be on the City Council agenda on September 25, 2012. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call or a-mail with any questions. Kendra -Please submit any written response you may have to the staff report to the City Clerk's office (jholmanCa~meridiancity.org, mhillCc~meridiancity.org, and iionesCa~meridiancity.org) and myself (e-mail or fax) as soon as possible. Thanks, Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity. org