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HomeMy WebLinkAbout002 - Response to Pre-App CommentsWallace Works Response to Pre-Application Comments 2025.11.12 1. All buildings and units have been addressed for this development. Legal descriptions would need to be changed on all documentation indicating the new, corrected legal descriptions if/when this is approved. Response: Understood. 2. Completion of Public Infrastructure: The applicant is advised the DRC has discussed the scope of public infrastructure improvements and the 6-inch sewer replacement is classifled as a common subdivision improvement. The City is aware that the public infrastructure for this project is currently under construction, however the applicant will need to satisfy the following code section with the preliminary and flnal plat applications. My recommendation is to apply for off-site concurrent construction section D to allow for fiexibility. Alternatively, the public infrastructure must be installed to flnal grade and accepted by the city prior to flnal plat. BMC 38.270.030.B.1 - Completion time for subdivisions a. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identifled purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. b. The subdivider must meet the requirements of either subsection (1) or (2) for completion of street improvements. The option must be specifled in the preliminary plat submittal. a. (1) The subdivision streets improvements must be installed prior to flnal plat approval; or b. (2) The subdivider must enter into an improvements agreement guaranteeing the completion of the paving, curb, gutter, storm drainage, street lighting, sidewalks, required boulevard landscape and irrigation, or other street infrastructure improvements not yet completed. Keep in mind improvements agreements are 150 percent of the cost of the improvements. Please keep in mind that concurrent construction for subdivision applications requires subsection D. Concurrent construction also requires the development to be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city. Response: Understood, The CCOFF form is included in this application. The public improvements are nearing substantial completion and concurrent construction is likely not needed. In the event that concurrent construction is needed the applicant will submit the outstanding items for concurrent construction and Subsection D. 3. BMC 38.270.090 D. Stormwater ponds serving multiple lots in separate ownership must not be located on private lots or public rights-of-way. Stormwater retention or detention ponds must be maintained by the property owners' association. DCS 6.4.4 Acknowledgement of Stormwater Facility Maintenance Requirements. An Acknowledgement of Stormwater Facility Maintenance Requirements shall be submitted to ensure sustained functionality of the stormwater facilities. A sample acknowledgement form is provided in Attachment D of DCS. Response: Understood. The stormwater system is located within an easement and will be maintained by the overarching HOA. This acknowledge form is included as Appendix H.2. 4. BMC Section 38.220.030.A.c. Please ensure that a formal submittal contains an exhibit showing the existing site plan layout along with the proposed lot line. This may impact further comments regarding shared parking agreements, easements, and other factors. Response: Understood. Please see Appendix B for these diagram. Additionally, please see Appendix O for a draft of the shared parking agreement. 5. In a formal submittal, please provide all applicable calculations to determine that required parking will be met on each lot. If the calculations indicate that one of the lots will need to accommodate parking spaces for the other lot, please provide a shared parking agreement meeting all requirements of Section 38.540.070. Response: Please see the table below. There is 1 parking space that is split across the lot lines. For this one parking space a shared use parking agreement has been prepared. Lot/Use/Building Number of Spaces Required Number of spaces provided LOT 1 Building B Residential 1 1 Commercial 7 7 Building C 6 6 Building D 5 5 Building E 5 5 TOTAL LOT 1 24 24 LOT 2 Building A Residential 48 Commercial 11 TOTAL LOT 2 58 REDUCTIONS On Street Parking 8 Car Share 16 Space (4 Cars) TOTAL AFTER REDUCTIONS 30 30 TOTAL 54 54 6. BMC Section 38.220.040.A.9. While this may or may not be phased, this request appears to run concurrently with the improvements entitled by a separate site plan. Please indicate the timing of improvements as they relate to required subdivision and site plan infrastructure, clearly delineating the timeline by which each will be installed. Response: The off-site improvements are substantially complete. The on-site improvements and vertical construction are being constructed in one phase. The construction will not stop until all improvements are complete. There is no true phasing with this application. Each building will be its own sequence and will request occupancy when it is substantially complete. 7. Subdivision Waivers: The Engineering Division has discussed the requested waivers to BMC 38.220.060 and does not grant a waiver to the following: - Groundwater - Geology, Soils, Slope - Water & Sewer - Stormwater - Streets Road and Alleys With the preliminary plat application, please provide a copy of the design reports (water, sewer, stormwater including the maintenance plan, TIS & geotech) from the site plan application. The design reports will not be re-reviewed, however the preliminary plat application need supporting documentation to support flndings for items such as utility easements. Response: Understood. 8. With the preliminary plat application, please provide the site and utility plan layout with the proposed lot lines and easements shown on top. My recommendation is to clearly label the site plan as approved and clearly show the proposed lot lines and easements that will be created with the subdivision application. The site plan will not be re-reviewed, however city staff need supporting information to support flndings for the lot layout and to write conditions for utility easements. Based on the pre-app submittal, it is unclear whether or not the proposed lot line will work with the previously approved location of parking stalls, buildings and utilities. Response: Please see Appendix B.4 which documents the proposed easements and proposed location of the lot lines. 9. BMC 38.410.060 - Prior to flnal plat approval, the applicant must provide a permanent private utility service easement to allow the owner of building E to repair the water service lines across the adjacent lot up to the Tamarack ROW. Please provide a layout for staff to review during the preliminary plat review. Response: Understood. Please see the draft easement exhibit as Appendix B.4. 10. BMC 38.270.090.C - Maintenance. When common areas or facilities will be maintained by the subdivider or by a property owners' association, a maintenance plan that complies with section 38.220.320 must be submitted with the preliminary plat application for review and approval. The maintenance plan must include a maintenance schedule, and a mechanism to assess and enforce the common expenses for the common area or facility. The developer must provide all necessary maintenance until the improvements are transferred to a property owners' association, or other flnal custodian, at which point the property owners' association or other flnal custodian will be responsible for all necessary maintenance of common areas or facilities identifled in the maintenance plan. Maintenance must be provided by the property owners' association for stormwater facilities, with the exception of storm sewer mains, inlets, and manholes located in public streets, until the city establishes a stormwater maintenance district or other dedicated funding source and affirmatively accepts responsibility for maintenance. The provisions of sections 38.220.300 - 38.220.320 apply to this section. BMC 38.270.090.D - Maintenance area. For a multiphase project with common areas and facilities, the maintenance mechanism must include all phases of the project, and must be created for the entire project with the flrst phase. No property can be removed from the maintenance area or mechanism without prior approval by the city to ensure continued maintenance of common areas and facilities, and on- going fulflllment of all obligations. BMC 38.410.080.E - The city may require the developer to establish easements or other perpetual controls to prevent encroachment or disruption of drainageways or facilities. BMC 38.220.060.A.10 - The applicant must address stormwater maintenance access and maintenance responsibility with the preliminary plat application. The stormwater maintenance plan will need to be revised and a stormwater maintenance easement will be need to be granted. The easement must consider access for maintenance and repair. Please provide a draft easement and agreement for city staff to review during the preliminary plat review. The flnal easement and agreement must be recorded prior to flnal plat approval. Response: Understood Please see the attached stormwater design report which includes the maintenance plan. This will also be incorporated into the HOA Documents. 11. Parkland dedication for proposed subdivision satisfled with previously approved site plan application. Subdivision is eligible to cite Section 38.420.020.B.5. - A development for which the required amount of parkland is shown to have already been provided. Please include this code reference in the subdivision plat notes. Response: Understood. Please see the draft plat.