Applicant Response to Staff Report PZ 2/5/14Machelle Hill
From: Mike Wardle <MWardle@brightoncorp.com>
Sent: Wednesday, February 05, 2014 2:48 PM
To: Machelle Hill; Jacy Jones; Jaycee Holman; Holly Binkley
Cc: Sonya Wafters; Justin Lucas; Matt Smith; David Turnbull; Steve Smith (ssmith@hcollc.com);
Craig Hilbig (chilbig@hcollc.com); Jay, Walker
Subject: RE: TM Creek Staff Report for Feb. 6th P&2'Mtg
Attachments:. TM Creek Applicant Response to Conditions.docx
All,
Attached is SCS Brighton's "Applicant Response to Proposed Conditions of Approval" for the referenced staff
report. Seven (7) of the recommended conditions are addressed:
- Statements are provided in support of the required City Council waivers cited in Conditions 1.1.1.a. b, and
f. No text changes are requested.
- Text changes are requested for Condition 1.1.1.r, Condition 1.1.3.e, and Condition 1.1.7.
- Deletion of Condition 1.1.1.k is requested.
For the record, we are in agreement with all remaining recommended conditions of approval.
Michael Wardle
Director of Planning
Brighton Corporation
12601 W. Explorer, Suite 200 (Boise, Idaho 83713
Duect 208.287.0512 I Cell 208.863.6150
From: Sonya Wafters [mailtoawattersCa~meridiancity.ora]
Sent: Friday, January 31, 2014 3:06 PM
To: Machelle Hill; Jacy Jones; Jaycee Holman; Holly Binkley
Cc: Mike Wardle; Matt Smith; Justin Lucas
Subject: TM Creek Staff Report for Feb. 6th P&Z Mtg
Attached is the staff report for the proposed Annexation I-t Zoning &t Preliminary Plat for TM Creek
Subdivision. This item is scheduled to be on the Commission agenda on Feb. 6th. The public hearing will be
held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or a-mail with any questions.
Mike -Please submit any written response you may have to the staff report to the City Clerk's office
(iholmanCmeridiancity.orQ, mhillCmeridiancity.or$, hbinkleyC~meridiancity.or~ and
iionesCmeridiancity.or$) and myself (e-mail or fax) as soon as possible.
Thanks,
Sonya
i
TM Creek -Applicant Response to Proposed Conditions of Approval _J
Proposed condition modifications are noted by "f•ec~" ~~'~-'_'~~',..,,,,~L., and/or underline to
distinguish them from the "accepted "conditions, along with an Applicant Request
statement for each, even where text changes are not requested.
B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. The
Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed
by the property owner and returned to the City within two (2) years of the City Council granting
annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimu-n, incorporate the following
provisions:
Owner/Developer Requirements:
a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is
restricted per UDC 1 1-3A-3. Access as shown on the preliminary plat and concept plan
included in Exhibit A requires approval of a waiver from City Council in accord with
UDC 11-3A-3.
Applicant Request: That the Commission recommend that the City Council grant a waiver
for the ITD-constructed Ten Mile Road service drive accesses and the ACHD-constructed
Franklin Road service drive accesses. The access locations were approved by ACHD May 19,
2010 (L'_~~hibil A. 6) and constructed with the noted roadway improvement projects.
b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector
streets, is restricted per UDC 11-3A-3. Access as shown on the preliminary plat and
concept plan included in Exhibit A requires approval of a waiver from City Council in
accord with UDC 11-3A-3.
Applicant Request: That the Commission recommend that the City Council grant a waiver
for the proposed service drive accesses to Franklin Crossing Avenue and Ten Mile Creek
Drive. Site development simply cannot occur without access to/from the public street system.
The proposed accesses to the collector streets conform to ACHD's access standards, and have
been reviewed and approved by ACHD.
c. Franklin Crossing Avenue shall initially be constructed in accord with the proposed street
sections shown in Exhibit A.2. Future reconfiguration of the street may occur, if warranted by
ACHD, in accord with the aforementioned street section.
d. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and
a detached 10-foot wide pathway shall be constructed along S. Ten Mile Road some distance
from the roadway in accord with the Master Pathways Plan and Street Section A shown in the
Ten Mile Interchange Specific Area Plan (TMISAP).
February 5, 2014 - TM Creek Applicant Response Page 1
e. A minimum 14-foot wide public pedestrian easement for the multi-use pathways on the site
shall be submitted to the Planning Division, approved by City Council and recorded prior to
signature by the City Engineer on the first final plat.
f. The Ten Mile Creek shall remain open and be protected during construction unless otherwise
approved by City Council.
Applicant Request: /access to the project's "pr~~sc~nlvlirni c•~~rn~~r" 'from the I~I~D and
ACHD-constructed service drives cannot be achieved, and commercial development of that
corner will be rendered infeasible, without covering a portion of Ten Mile Creek. Therefore,
the Commission is requested to recommend that the City Council "otherwise approve" a
waiver to allow the proposed limited coverin~~ of Ten Mile Creek.
g. Across-access/ingress-egress easement shall be granted to the property to the east (parcel
#S 1214212620) via a note on the plat and/or a separate recorded agreement prior.
h. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten
Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP.
i. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south
collector street, in accord with the TMISAP.
j. Most buildings along S. Ten Mile Road should address the street by being built to the street
buffer with windows overlooking the pathway to provide security to the pedestrians and bikes
on the pathway in accord with the TMISAP.
b b
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Applicant Request: That condition l .l.l.k be deleted in its entirety. The TMISAP's "hold
the corner" objective is appropriate for Franklin G•ossing Avenue's "main street" character.
But its application at the project's principal Ten Mile Road entrance will significantly limit
the types of users expected to locate at the project's prime, high-traffic-volume corner with
significant latldscape buffers provided on both public street frontages.
1. Buildings along Franklin Crossing Avenue north of the creek should be built to the sidewalk
with street trees in wells and street-level store fronts, in accord with the TMISAP.
m. Buildings along Ten Mile Creek Drive shall be set back from the street at some distance
behind a detached sidewalk; a tree lawn area should be provided in all areas, in accord with
the TMISAP. A minimum 20-foot wide street buffer shall be provided in accord with UDC
Table 11-2B-3 and landscaped in accord with the standards listed in UDC 11-3B-7C.
n. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb
along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP
utlless utilities are located in the street, or as otherwise approved.
o. All structures within the TN-C zone adjacent to Franklin Crossing Avenue north of the Ten
Mile Creek shall be a minimum of two stories in height in accord with UDC 1 1-2D-5 and the
design elements contained in the TMISAP.
p. Future development of this site shall be generally consistent with the conceptual site plan,
building elevations, and landscape plan submitted with this application included in Exhibits
A3, A.4, and A.5 and the conditions in this report. The site shall develop with a mix of
office, commercial and residential uses as proposed.
February 5, 2014 - TM Creek Applicant Response Page 2
q. Future development of the site shall be consistent with the design elements contained in the
TMISAP, the design standards listed in UDC 11-3A-19, and the guidelines contained in the
Meridian Design Manual.
r. For streets & block fronts where commercial uses and pedestrian activity are most desired
north of the Ten Mile Creek, it is recommended that sidewalks be lined with off-ices. shops,
restaurants, and galleries and , where feasible, buildings be designed with multiple
sidewalk entries, generously-scaled display and transom windows, pedestrian-scaled signs
and banners, and awnings or canopies for sun shading;
Applicant Request: That the condition be modified as proposed by strikethrough and
underline.
Business Owner/Tenant Requirements:
s. Business hours of operation in the C-G district shall be limited from 6:00 am to 11:00 p-n
when the property abuts a residential use or district. Extended hours of operation may be
requested through a conditional use permit (UDC 1 1-2B-3).
t. A Ce--tificate of Zoning Compliance and Design Review Application are required to be
submitted to the Planning Division for approval prior to issuance of building pe-7nits to
ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the
TMISAP.
u. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are
essential. Development should exhibit quality building and site design and an attractive
pedestrian environ-nent with a strong street character. At a minimum, the following design
elements from the TMISAP shall be incorporated into the development:
Signs should be designed to contribute to the overall character, identity and way
finding system. Signs should be compatible with the architecture of the buildings and
businesses they identify in colors, materials, sizes, shapes, and lighting.
ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to
open their doors & street front windows & use clear glass that allows visual access
inwards & outwards;
iii. Human-scale design by building entrances placed close to the street, ground floor
windows, articulated facades, appropriately scaled signs and lighting, and awnings
and other weather protection.
1.1.2 The preliminary plat, dated 1/8/14, included in Exhibit A.2 shall be revised as follows:
a. The street buffers along S. Ten Mile Road, W. Franklin Road, Ten Mile Creek Drive, and the
portion of Franklin Crossing Avenue south of the Ten Mile Creek shall be on common lots or
on permanent dedicated buffers to be maintained by the property owner or business owner's
association in accord with UDC 11-3B-7C.2.
b. Add note: "Direct lot access to S. Ten Mile Road, W. Franklin Road, Franklin Crossing
Avenue and Ten Mile Creek Drive is prohibited except for those access points approved with
PP-13-030 by the City of Meridian and ACHD."
c. Widen the sidewalks along the section of Franklin Crossing Avenue north of the Ten Mile
Creek to 12 feet in accord with the TMISAP.
d. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten
Mile Road and Ten Mile G~eek Drive, the east/west collector, in accord with the TMISAP.
February 5, 2014 - TM Creek Applicant Response Page 3
e. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south
collector sheet, in accord with the TMISAP.
f. The Franklin1 Crossing Avenue bridge section should be reconfigured to reflect two lanes of
traffic initially with four lanes of haffic in the future if warranted.
1.1.3 The landscape plan, dated 9/1 1/13, included in Exhibit A3 shall be revised as follows:
a. The ] 0-foot wide regional pathway along the Ten Mile Creek shall be extended to the
sidewalk along Franklin Road at its full width and to the east property boundary along the
north side of the Ten Mile Creek for future extension. On the east side of Franklin? Crossing
Avenge, the pathway shall shift to the naorth side of the Ten Mile Creek. Across-walk for the
pathway shall be provided across Franklin crossing Avenue.
b. A detached 10-foot wide regional pathway is required adjacent to S. Ten Mile Road some
distance from the road in accord with the Master Pathways Plan and the TMISAP. Detail B
on the plan should be revised accordingly. (The existing tennrporary asphalt pathway shall be
removed.)
c. Widen the sidewalk along Franklin Crossing Avenue north of the Ten Mile Creek to 12 feet
and install street trees in wells and pedestrian scale lighting in accord with the TMISAP.
d. Landscaping along the portion of Franklin Crossing Avenue north of the Ten Mile Creek is
required in accord with Street Section E on page 3-21 of the TMISAP.
e. The l 0-foot wide area shown on the north side of the Ten Mile Creek Drive street section as
preserved for firture roadway expansion shall be planted with grass in the interim. No
improvements shall be required beyond the curb and butler on the south side ol~thc street.
Applicant Request: That the condition be modified as proposed by the underlined text
addition, given that the south-side sidewalk and landscape improvements will be made in
conjunction with development of the adjacent property.
f. Include a detail for the Franklin Crossing Avenue landscape buffer south of the Ten Mile
Creek and Ten Mile Creek Drive in accord with the dimensional standards listed in UDC
Table 11-2B-3 and the landscaping standards listed in UDC 11-3B-7C.
g. The configuration of the site shall be revised consistent with the concept plan included in
Exhibit A.4 and the conditions in this report.
1.1.4 If the development is proposed to be phased, submit a phasing plan with the first phase of
development.
1.1.5 Across-access/ingress-egress easement shall be granted to the property to the east (parcel
#S 1214212620) via a note on the plat or a separate recorded agreement.
1.1.6 The developer shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 1 1-3A-6B and 11-3A-7.
1.1.7 The developer shall obtain an easement ~•~- ~•~~ ''~~ ".`' "~•••" • ~r °~~'~"'~' `~" for the 14-foot
wide recreational pathway easement along the Ten Mile Creek.
Applicant Request: Deletion of the specific agency reference, with acknowledgment that the
easement will be obtained ii~om the appropriate entity, be it the Bureau or irrigation district.
1.1.8 Prior to any development occurring in the Overlay District, a floodplain permit application,
including hydraulic and hydrologic analysis is required to be completed and submitted to the City
and approved by the Floodplain Administrator, per MCC 10-6.
February 5, 2014 - TM Creek Applicant Response Page 4