1 Milltown Park Subdivision Replat CITY ... - City of Sandpoint

D. Provide an interconnected multimodal transportation network linkingneighborhoods and providing convenient access to civic centers.Goal LU-3: Downtown Vitality - Have a prosperous and bustling Downtown.PoliciesC. Amend development regulations to strongly encourage mixed use in thedowntown.Chapter 5, HousingGoal H-1: Housing Variety - Provide a variety of housing types across income levels inSandpoint.PoliciesA. Encourage diversity in housing types by permitting detached, duplex,townhouse, stacked flats, ADUs and other types as appropriate in land usedistricts.C. Help reduce household transportation costs by locating housing near dailyneeds.D. Blend mixed densities in neighborhoods to provide for income diversityamong neighborhood residents while ensuring that the bulk, mass or scale ofany individual development does not dominate a street.E. Strongly encourage housing above retail in CA-3B, CA-4 and CA-5 districts.Goal H-2: Existing Neighborhoods - Protect and enhance the charm and comfort ofSandpoint’s existing neighborhoods.PoliciesA. Implement appropriate controls in consideration of transition areas betweenexisting neighborhoods and adjoining CA-3B, CA-4 and CA-5 districts.Goal H-3: New Neighborhoods - Ensure that new neighborhoods provide the samecharm and comfort of Sandpoint’s historic neighborhoods.PoliciesB. Neighborhood services, public open space and parks shall be connected withmultimodal paths.C. Development shall occur with a safe, appropriate street system in a networkthat provides easy access but does not allow rapid or high volume traffic todisrupt the neighborhood.D. Encourage a variety of housing sizes within a block.Chapter 6, TransportationGoal T-1: Walkability - Make Sandpoint a walkable community.PoliciesA. Locate housing in CA-4 and CA-5 areas.D. Emphasize linkages between prominent activity areas along walkingcorridors.5 Milltown Park Subdivision Replat

E. Plan for increased pedestrian and bicycle use, both for recreation and as animportant, viable transportation alternative.Goal T-2: Transportation Balance - Reconcile the conflicting demands of mobility andaccess, providing for efficient movement of people and goods while still providingconvenient access to neighborhoods and commercial districts.PoliciesD. Facilitate multimodal transportation options.Goal T-3: Affordability - Reduce household transportation costs.PoliciesA. Promote and increase housing in commercial districts.E. Develop an interconnected multimodal transportation network.F. Discourage the development of non-through streets, and encourage thedevelopment of a grid type road network.Chapter 8, Public Services, Facilities & UtilitiesGoal PS-1:Public Services - Provide public services to keep pace with changes incommunity demand, while increasing sustainability to reduce infrastructure cost.PoliciesC. Arrange land uses and public services systems to make them as efficient aspracticable.Goal PS-2: Health & Safety - Keep Sandpoint safe and clean.PoliciesC. Maintain city streets and multimodal corridors to ensure safe and convenienttravel.Goal PS-3: Education - Establish an environment where children excel in school.PoliciesA. Consider impacts on the school district when considering land use decisions.B. Provide for safe, attractive, and convenient multimodal routes to schools.Chapter 9, Economic DevelopmentGoal E-3: Workforce Needs - Provide Sandpoint workers with affordable housingoptions near jobs, public transportation, and non-motorized transportation options.PoliciesA. Encourage diversity of housing types as appropriate in land use districts.B. Help reduce household transportation costs by allowing housing near jobs.C. Facilitate public transportation and/or non-motorized transportationconnections between jobs and neighborhoods..6 Milltown Park Subdivision Replat

Chapter 11, Special Areas or SitesGoal SA-1: Preservation - Identify, preserve, protect, and enhance areas of specialinterest, historic value and scenic beauty in Sandpoint.PoliciesC. Protect the residential character of existing neighborhoods by providing fortransitional boundaries between residential, commercial and industrial uses.Compatibility with Neighborhood:The replat proposes to reconfigure three lots into nine lotsranging between 1.29 and 2.92 acres. The Applicantindicates current market demands call for smallercommercial lots than those currently platted. Lot 1 of thesubdivision is currently developed with Super 1 Foods.Approval of the proposed subdivision will allow theApplicant to proceed with development of a multi-familytownhouse-type development on what is proposed as Lot 10of the replat.The site is surrounded by a wide variety of zones and uses.Platted lots surrounding the property are generally smaller,with unplatted parcels generally larger. At a minimum,development on the lots will be subject to administrativereview through the Site Plan Review process. Theprovisions of the Commercial “B” zone require a 0-footfront setback, with a 10-foot setback allowed withprovision of a defined civic space and an additional 15 feetpossible through the Conditional Use Permit process.However, those lots that border Boyer Avenue and LarchStreet are subject to a 10-foot required setback for lotsabutting a residential district.There was no response received in response to the PlanningCommission notice to adjoining property owners. Onecomment has been received in response to the City Councilnotice indicating opposition to the project because the 50-unit low-income subdivision will create traffic problemsand lower property values. As previously noted, approvalof the proposed subdivision will allow the Applicant toproceed with development of a multi-family townhouse-typedevelopment on what is proposed as Lot 10 of the replat.That development would proceed through the administrativesite plan review process and is not a consideration of thissubdivision application.Environmentally Sensitive Areas:Historic Building Sites:According to the Applicant, the site has a slope of less than5 percent.N/A.7 Milltown Park Subdivision Replat

Archeological Sites:Traffic and Parking Implications:Access and Street Design:N/A.Any development on the replatted lots will be subject to theCity’s current parking requirements for the uses proposed.The provisions of the Commercial “B” zone prohibit thelocating of off-street parking, driveways, and othervehicular accesses between any buildings and the street.The Public Works Director has noted that a traffic impactanalysis will not be required for this subdivision, but maybe required of individual developments within the plat.The development is accessed from Larch Street on the southand Boyer Avenue on the west. The submitted subdivisionplans show extensions of Spruce and Chestnut Streets and anunnamed north-south right-of-way. As drawn, Spruce wouldextend between Lots 1 and 6 with a portion extending southalong the eastern boundary of Lot 1 to provide access toLots 3 and 4. Chestnut Street is being extended to theeastern boundary of the development with a hammerheadeasement being provided on Lot 5. The unnamed right-ofwayextends north between the lots fronting Boyer Avenueand Lot 10 to the northern property line. Future 60-footaccess easements are shown between Chestnut and Spruce,and Spruce and Larch Streets.According to Sandpoint City Code 10-1-6.A.7, doublefrontage lots are “prohibited except where unusualtopography, a more integrated street plan, or other conditionsmake it undesirable to meet this prohibition.” Subdivisionsincluding alleys or platted, landscaped common space (25-foot-wide minimum between lots and right-of-way) are notconsidered double frontage lots. The PlanningCommission’s approval recommendation indicates thedouble frontage lots will allow for a more integrated streetplan. Their recommended conditions include therequirement that Boyer Avenue be considered the primaryfrontage for Lots 6, 7, 8 and 9.The Public Works Director indicated that Boyer Avenue isslated to be widened, with a future right-of-way width of 70feet. It appears an additional 5-feet may have been dedicatedto the City during the last plat. If the current right-of-waywidth is 65 feet, no further right-of-way will be required.The entire frontage along Boyer will be required to bewidened to match the cross-section in place adjacent toLot 1. The proposed 60-foot width is acceptable for the new8 Milltown Park Subdivision Replat

ights-of-way within the subdivision. The PlanningCommission has recommended that improvements to BoyerAvenue be triggered by development on adjoining lots.As noted, the plat indicates two future access easements.The Public Works Director is requiring that all new rightsof-waywithin the subdivision be constructed in accordancewith City standards, including curb, gutter, and sidewalk.Sandpoint City Code 10-1-3.A requires that a developerinstall all street, sidewalk, water, and sewer improvementbefore final plat approval, or enter into an agreement fortheir installation, with the installation to occur no later than 3years from the date of final plat approval. TheCommission’s recommendation includes a condition that theinternal road be platted as a complete street with thissubdivision but did not require its improvement.The Public Works Director also noted a 10-foot widebikepath between Larch Street and Boyer Avenue (north ofChestnut) is to be dedicated and constructed through thesubdivision. This is in keeping with one of the requirementsof the short plat development agreement. The PlanningCommission’s recommendation includes a requirement forthe platting of a dedicated 10 foot wide bike path along theproperty perimeterThe Fire and Police Chief have both indicated a northernaccess and egress point is needed for this development. ThePolice Chief has indicated he agrees with the widening ofBoyer Avenue and has also recommended the access road tothe east of Lot 1 be continued through Lots 4, 5 and 6 toconnect with Chestnut Street. At the Planning Commissionhearing, the Fire Chief noted it is important to have morethan one point of access in a development, but the plat meetsFire Code as proposed. The Planning Commission did notinclude a requirement for additional access in theirrecommendation.Neighborhood Parkland:Stormwater Management:Infrastructure:N/AA stormwater management plan meeting the requirementsof the Sandpoint Stormwater Ordinance will be requiredprior to final plat approval.According to the Public Works Director, existing watermains are located in Boyer Avenue and in the utilityeasement formally known as Maple Avenue. New mains to9 Milltown Park Subdivision Replat

serve the newly-created lots are to be designed andinstalled when the lots are developed and before roadimprovements are completed. A looped system will berequired.The Public Works Director has indicated the existing sewermain in Boyer Avenue is at or over capacity and the existingsystem serving the south portion of the Milltown property isobsolete. Additional hookups to that main will be notallowed in either location. The City has installed a manholeon the north side of Larch Street just east of Lot 1 which isdeep enough to accommodate flows from the Milltownsubdivision. Service will be provided to the property fromthis location upon approval of engineer main extensiondrawings and payment of applicable fees.The Fire Chief has indicated a looped water/hydrant systemshall be installed, with hydrants spacing to be no greaterthen 500 feet apart. Additional International Fire Coderequirements will be addressed during the permit process.Summary:The proposed development is generally in keeping with thezoning and subdivision requirements of City Code..PLANNING COMMISSION RECOMMENDATION:The Planning Commission considered this in a public hearing on January 3, 2012, with sixmembers in attendance. The Applicant and a representative of the Owners summarized the requestand answered questions. No one from the public was present to testify. Topics of discussionincluded the location of a bike path through the development, dedication and triggers ofimprovements for rights-of-way, location of access from Larch Street, and the need for additionalconnectivity at the north end of the development. Following their deliberation, the PlanningCommission unanimously recommended approval of the replat with amendment of one condition,deletion of one condition, and the addition of four conditions.PROPOSED CONDITIONS & RECOMMENDATION:Public Works Department1. Four copies of infrastructure drawings (water, sewer, streets, storm) shall be submittedfor review along with applicable fees. When approved, one copy will be forwarded toDepartment of Environmental Quality, one copy will be returned to the owner and twocopies will remain with the City. Digital drawings of the subdivision and infrastructure,in AutoCad dwg format, and geo-referenced, shall be provided to the city prior toacceptance of any infrastructure.10 Milltown Park Subdivision Replat

2. New mains to serve the newly-created lots shall be designed and installed when the lotsare developed and before road improvements are completed. Payment of applicable feesfor tapping, main extensions, and meter sets will be required at the time these services areneeded. Stamped engineered drawings for the water system will be required. A loopedsystem will be required.3. The City has installed a manhole on the north side of Larch St, just east of Lot 1 which isdeep enough to accommodate flows from the Milltown subdivision. Upon payment ofapplicable fees and approval of engineered main extension drawings, service will beprovided to the property.4. A stormwater management plan is required. Stamped drawings from an Idaho licensedprofessional engineer will be required. Calculations shall be included. A constructionstormwater management plan shall be included and followed during constructionactivities. Special attention should be given to the City of Sandpoint StormwaterOrdinance, as the requirements have changed.5. Standard frontage improvements will be required. Boyer Avenue is slated to be widenedand the future right of way width of Boyer will be 70 feet. No further right-of-way willbe required if the existing right-of-way width is currently 65 feet. The entire frontage ofBoyer Avenue shall be widened to match the cross-section in place adjacent to Lot 1(Super 1 Foods). Six foot wide sidewalks shall be placed along the edge of this new rightof way. New curb and gutter shall be installed. The road shall be re-striped to match thenew cross section.6. All new rights-of-way within the subdivision shall be constructed in accordance withCity of Sandpoint standards, including curb and gutter and sidewalk.7. Street signage and striping shall be provided and installed by the developer.8. A survey street monument, in a monument case shall be provided at a intersection withinthe development. The monument shall meet the requirements of the City and be georeferenced.9. A 10-foot wide bikepath between Larch Street and Boyer Avenue (north of Chestnut) is tobe dedicated and constructed through the subdivision.10. A traffic impact analysis is not required for this subdivision, but may be required forindividual developments within the plat11. All street cuts shall be backfilled and patched according to city standards.12. Any parking lot lighting installed within the subdivision shall meet the requirements ofthe City’s lighting ordinance. All lighting shall be directed downward and is required tobe high pressure sodium instead of metal halide. LED lighting will be considered.11 Milltown Park Subdivision Replat

13. Most fees will be assessed during individual site plan review. Any fees for utility mainextensions will be assessed during the subdivision stage.Fire Department14. A looped water/hydrant system shall be installed, with hydrants spacing to be no greaterthen 500 feet apart.15. Additional International Fire Code requirements will be addressed during the permitprocess.Police Department16. Addressing for each dwelling constructed within the development shall comply with CityCode and shall be posted to be visible from the street by Public Safety agencies.17. All units must meet minimum off-street parking requirements.Planning Department18. Lots 1 and Lots 6 through 9 are allowed as double frontage lots to provide a moreintegrated street plan. Boyer Avenue will be considered the primary frontage for Lots 6,7, 8 and 9.19. The Developer shall be required to plant a minimum of one deciduous tree on each lotwithin the grass planting strip between the sidewalk and street curb. The City PlanningDepartment shall approve the type of tree used. Trees must have a minimum of 1½-inchcaliper at breast height when planted and be selected from the Approved Street Tree Listadopted by the City Council.Added by Planning Commission19. A dedicated 10 foot wide bike path will be platted along the property perimeter starting atthe north end of Lot 9 at Boyer Avenue and following the railroad tracks continuing tothe south end of the property at Larch Street.20. The street and widening improvements for Boyer Avenue will be triggered for Lot 6upon development of Lot 6 and along Lots 7,8 and 9 when two of Lots 7,8 or 9 aredeveloped.21. “Sixth Avenue” should be platted and dedicated from Larch Street to Chestnut Street as acomplete street along with all other right of ways as shown on the preliminary plat.22. The applicant will work with the adjacent property owners and the Public WorksDepartment prior to final plat to work on an alternative arrangement for entrance ontoLarch.12 Milltown Park Subdivision Replat

DEFICIENCIES AND DISCREPANCIES: N/AATTACHMENTS:1. Applicant’s Narrative and Application2. Proposed Plat3. Letters to Agencies4. Existing Development Agreement5. Existing Plat6. January 3, 2012, Planning Commission Minutes7. Public comment13 Milltown Park Subdivision Replat

If Approving:MOTION FOR DECISION“I move that the City Council, after consideration of the criteria and relevant standards of IdahoCode and Sandpoint City Code, APPROVE the request by Whitewater Creek and RenovaPartners Group for preliminary Subdivision approval of approximately 26.2 acres into 10 Lotssubject to the 22 conditions as recommended by Staff and the Planning Commission. The site islocated at the northeast corner of Larch and Boyer and described as Lots 1-4 of Milltown ParkSubdivision Replat, in Section 15, Township 57 North, Range 2 W.B.M. The property is zonedCommercial B.The reasons for this decision are:1. Staff has followed the notice procedures applicable to subdivisions in Sandpoint CityCode Title 9, Chapter 9.2. The application meets the subdivision and zoning requirements of City Code.3. The proposed development is in keeping with the goals and policies of the City’sComprehensive Plan.”14 Milltown Park Subdivision Replat

If Denying:MOTION FOR DECISION“I move that the City Council, after consideration of the criteria and relevant standards of IdahoCode and Sandpoint City Code, DENY the request by Whitewater Creek and RenovaPartners Group for preliminary Subdivision approval of approximately 26.2 acres into 10 Lots.The site is located at the northeast corner of Larch and Boyer and described as Lots 1-4 ofMilltown Park Subdivision Replat, in Section 15, Township 57 North, Range 2 W.B.M. Theproperty is zoned Commercial B.The reasons for this decision are:1. Staff has followed the notice procedures applicable to subdivisions developments inSandpoint City Code Title 9, Chapter 9.2. The application does not meet the subdivision and zoning requirements of City Code.3. The proposed development is not in keeping with the goals and policies of the City’sComprehensive Plan.”15 Milltown Park Subdivision Replat

)ATTACHMENT 1mNovember 8, 2011RECEIVEDNOV - 8 2011Jeremy Grimm, Planning DirectorCity of Sandpoint, Idaho1123 Lake Streetsandpoint, ID 83864CIVIl EngineersProject:Subject:Milltown Park Subdivision Replat, Our File No. 211449.30Subdivision Application NarrativeStructural EngineersLandscape ArchitectsDear Jeremy:Whitewater Creek and the Renova Partners Group seek to provide a subdivision replat of theMilltown Park project located off the northeast corner of Boyer Avenue and Larch Street.Current market demands call for smaller commerciai iots than the three currently availableplatted lots within Milltown Park. The applicants seek to replat Lots 2, 3, and 4 into nineparcels averaging 2.3 acres in size. In addition, a parcel of approximately 2.9 acres will beqUickly developed as a multifamily townhome project, and hopefully serve as a catalyst forother development in Milltown Park.Commumty PlannersNatural Resource EcologistsLand SurveyorsNeighborsThe subdivision design submitted with this application provides opportunities for streets androads around the existing Super 1 Food property. Smaller lots (Lots 7 - 9) have been placedalong Boyer in order to maximize that street frontage. Another four lots (Lots 2 - S) wouldback up to the existing railroad tracks and face a private access road to be developed as thoselots are developed. Chestnut and Spruce Streets would be dedicated with Chestnut extendingthe width of Milltown Park in anticipation of eventually connecting across the railroad right ofway to the Highway 9S frontage road.Current land uses and zoning in the area consist of industrial uses in the Industrial BusinessPark zone to the north, commercial and retail uses to the east along Highway 9S, andresidential uses to the south and west. The Lake Pend Orielle Alternative High School is locatedwest of the project between Chestnut and Spruce. Super 1 Foods occupies Lot 1 of theproposed subdivision design on the northeast corner of Boyer and Larch. Milltown Park iszoned Commercial B and has land use and setback restrictions to ensure compatibility withsurrounding land uses.The 2009 Comprehensive Plan indicates that the Milltown Park subdivision is designated asContext Area S (CA-S).(;4-5 areas are envisioned as the primary commercial centers ofthe city, similar in urbanpattern to 01-4 but with additional density in the form ofscaled multi-story bUildingshousing shops andstores on the ground floor, offices on the second floor, andSPOKANE827 West First AvenueSuite 301Spilkane, WA 99201-0518509.252.5019 TH509.315.8862 'AXwww.ahbl.com

Jeremy Grimm, Planning DirectorNovember 8, 2011211449.30Page 2 of 2)remaining floors dedicated to condos andapartments. C4-5areas are envisioned assafe, pedestrian friendly and attractive places, drawing visitors andresidents forcommunity events, public art, shopping, dining and entertainment.The Milltown Park subdivision seeks to create vehicular and pedestrian links with existing Citystreets. The size of lots along Boyer Avenue have been designed to provide additionalcompatibility in the scale of buildings to the residential and school uses across the street to thewest. Slightly larger lots of approximately 2 acres in size are located between Super 1 Foodsand the railroad tracks. These lots may better serve more intense commercial uses. Therailroad right of way to the east and north of Milltown Park has been designated for apedestrian/bike path. Other amenities and spaces within Milltown Park, such as public spaceswill be designed on an individual site basis.If you have any questions, please call me at (509) 252-5019.Craig And rsen, RLA, LEED APLandscape Architect / Land Plannercda/c: Todd Prescott, Whitewater CreekJoan Bramblee, City of SandpointLen ZickJer, AHBLmmml!l

CITY OF SANDPOINTPLANNING DEPARTMENTSUBDIVISION APPLICATIONFile #:RECEIVEDNOV - 8 2011s~- ::0 .-: ?~--,-g Dept

Current Comprehensive Plan Designation:o Rural ~ Businesso LolV Density Residential 0 Industrialo Medium Density Residential 0 Parko Public Facilitieso AirporlWhat Zones border the project site?NOlih Industrial South Commercial East Commercial WestBusiness A BParkIndustrialBusiness Park& ResidentialCUtility InformationPo;;/will be provided by:~ Avista UtilitiesWater will be supplied by:D Existing public or community systemD Individual well~ Proposed public or community systemD Northern Lights IncSewage disposal will be provided by:Existing community systemD Individual system~ Proposed community systemSite InformationProvide detailed descriptions on the following:I. Topography (lay of land), including estimated maximum slope, rock outcroppings,benches, etc.: This previously disturbed site is relatively flat and includes areas ofasphaltand concrete paving. The terrain generally slopes down towards the east. Maximum slopesare less than 5%.2. Water courses (springs, streams, rivers, etc.): There are no water courses or water bodieson the site. Sand Creek is located approximately 350 - 400ft. east ofthis site on the otherside of U.S. 95.3. Existing structures (size & use): The site consists of previously developed land. Super IFoods occupies Lot I (5.83 acres) in the southwest comer of Milltown Park. Other paris ofthe site contain vacant and abandoned land with concrete and asphalt paving.4. Land cover (timber, pasture, etc.): This previously disturbed and industrial use sitecontains little, ifany, native vegetation. Two small areas ofvegetation with noticeablenoxious wceds are present on the nOlihern potiion ofthe site, and along the BNSF right ofway. Other areas ofthe site are covered in concrete, asphalt, and construction debris.

5. Other pe11inent information:Note:The Planning and Zoning Director may request additional information in specificcircumstances in order to assist the Planning and Zoning Commission in reviewing thisrequest.The date ofthe Planning and Zoning Commission hearing will be established by the Planningand Zoning DepaIiment upon the acceptance ofa complete application. An application will beconsidered complete when all ofthe requested infonnation has been submitted.I am the owner or owner's representative ofthe property described in this application. I nll'therattest that all infonnation submitted with this application is true and accurate to the best ofmyknowledge.-'~'1MJlV6~'Signature of ApplicantDate\{kl~-'\-(-

November 8, 2011Jeremy GrimmPlanning & Community Development Director1123 Lake StreetCity ofSandpoint, Idaho 83864P£CEI\IEONO~ - ~ 20\\Re: Milltown Park Re-subdivision RequestDear Mr. Grimm:As you are aware, the undersigned ("Owner''), as owner ofMilltown Park ("Property"), iscurrently under contract to sell approximately 3.5 gross acres (designated as Lot 10 on the siteplan attached hereto) to Whitewater Creek, Inc ("Whitewater"), for the purpose ofdevelopingapproximately 50 units ofmultifamily apartments.In conjunction with this proposed sale, Owner is seeking the re-subdivision ofthe Property fromthe current configuration offour lots, into a configuration consisting often lots, as shown on theconceptual subdivision layout attached hereto ("Replat Plan").Therefore, this letter shall confirm that Owner has authorized Whitewater to submit the attachedReplat Plan to the City ofSandpoint as a component ofWhitewater's permitting request todevelop said apartment units. This authorization is valid unless revoked or modified in writingby Owner.Please note that any proposed material change to the Replat Plan will be subject to Owner's priorreview and written approval. In addition, Whitewater has no authority to sign documents onbehalfofOwner, or otherwise bind Owner, without Owner's express written approval.Please feel free to contact me as follows, ifthere are any questions regarding the attached ReplatPlan:James L. Streetc/o Prudential Real Estate InvestorsTwo Ravinia Drive, Suite 400Atlanta, GA 30346Phone: 770-395-8614E-mail: ..james.street@prudential.com..

Sincerely,MILLTOWN PARK LLC, a Delaware limited liabilitycompanyBy: Brownfield Development I, LLC, a Delawarelimited liability company, its sole memberBy: The Prudential Insurance Company ofAmerica, a New Jersey corporation, itsmemberBY~J~Name: - 11 lilt . ofTitle: Uri : ~,~

',-LOTSREPLATOF1 AND 3 OF MILLTOVvN PARKAS R~CORDEO IN BOOK 9 OF PLATS, PAGE 155.RECORDS or BONNER COUNTY. IDAHO AND IN THE SOUTHEASTQUARTER OF SECTION 15, -O"iltOSH1P 57 NORTH, RANGE 2 WEST,BOISE MERIDIAN, CITY Of SANDPOINT, BOHNER COUNTY. IDAHOLEGE:'\'D~.~" •&.__--/'VJIOI\. ),.... ", • '" UH; 1lB'" ,,", nJJ.Dtr................. _:J·~)Ju·:t·.. ""tV.~..ro.ol'O 5;" cr_ ...... , ....... "!1""'" ... 'In1.olrO\M;IlO' 3tS ,.,~ .....,to?::'II .... _ .NII>:. ~~.T to:I< I :Xl~\L(; ..."'JaT'l'lltt,.>O:IliA!. ..!>t~Cl.....loC:i~~";':; ~~..~ U .". '-'l 'P!D~--" "I?f1>L.7 of LOTS 1.to.J, U(( i. '!'OWN PAl?/(>I='71I!-__-'''''''-''''''1i.: ';)'Ill'; PARK-_.LI".C.~_-,-_-r._ / / ~~~ fcc_=:~::-"_'"T-_

HOI ~ "'"VICINITY MAP:~.H...-I""" ",+.{;lC~:tt±:J~. .\ATTACHMENT 2GRAPfDC SCALE~(j)-=..."'" OW!SUBDIVISiON REPLAT OF MILLTOWN PARKSE 1/4 SEC. 15, TWN; 57 N, RGE 2 W, B.M.CITY OF SANDPOINT, BONNER COUNTY, IDAHOIa' WE fV1\H !BE I.N£~---....."""""'"~"""'"""""'"~ S£C1KW 1/4 aeoLEGEND_ .. - _ .. ------ """""""" ---""'" ""------- RlCHt PA,m"" IS 1lIoY-------,,--.-,-, ......PllI"" PAlH"""" """""""""" -------lIlIJIY """""----liIJ.~ PAll\, Lie c/O ~A PAATIERS. LieJli WJSHlllJI S1REI1. !U'I: 22D1ElJ.B!Y. II,A Clt84H933PH. (1Il) CI-lUI'tK1'E'fAf[R am

ATTACHMENT 3November 8, 2011Idaho Transportation Department600 West Prairie AvenueCoeur d'Alene, ID 83815-8764Civil EngineersProject:Subject:Milltown Park Subdivision Replat, Our File No. 211449.30Agency ApprovalSiruc/Ural EngineersTo Whom It May Concern:Enclosed please find a copy of an application being submitted to the City of Sandpoint forthe replatting of Lots 1 through 4 of Milltown Park, located on the northeast corner of BoyerAvenue and Larch Street in Sandpoint, Idaho. The property was originally platted into fourlots in 2009 under the City's administrative short plat process. Sandpoint City Code requiresa development to proceed under its regular subdivision procedures where reconfiguration orredevelopment will result in the creation of five lots or more from a parent parcel.The Sandpoint Planning Commission will consider this application on December 20, 2011, attheir regular meeting. Please forward any comments you have regarding this proposal tothe Sandpoint Planning Department, 1123 Lake Street, Sandpoint, ID 83864, by December13, 2011, so they can include the comments in their review of the project.Landscape ArchitectsCommunity PlannersNatural Resource EcologistsLand SurveyorsNeighborsThank you for your attention to this matter.If you have any questions, please call me at (509) 252-5019.Sincerely,~Craig Andersen RLA, LEED APLandscape Architect/Land PlannerCDNlskEnclosuresc: Todd Prescott, Whitewater CreekJoan Bramblee, City of sandpointLen Zickier, AHBLQ:\2011\211449\WORDPROC\Letters\20111108_Agency_Ltrs\20111108_Ltc(AgencyApprL(IDTransDeptL211449.30.docxSPOKANE827We51 First AvenueSu'elllSpokane, WA 99201-3912509152.5019 TEl509_315.8862 fAXwww.ahbl.com

mNovember 8, 2011Division of Environmental Quality2110 Ironwood ParkwayCoeur d'Alene, ID 83814-2609Civil EngineersProject:Subject:Milltown Park Subdivision Replat, Our File No. 211449.30Agency ApprovalStructural EngineersTo Whom It May Concern:Enclosed please find a copy of an application being submitted to the City of sandpoint forthe replatting of Lots 1 through 4 of Milltown Park, located on the northeast corner of BoyerAvenue and Larch Street in Sandpoint, Idaho. The property was originally platted into fourlots in 2009 under the City's administrative short plat process. Sandpoint City Code requiresa development to proceed under its regular subdivision procedures where reconfiguration orredevelopment will result in the creation of five lots or more from a parent parcel.The Sandpoint Planning Commission will consider this application on December 20, 2011, attheir regular meeting. Please forward any comments you have regarding this proposal tothe sandpoint Planning Department, 1123 Lake Street, Sandpoint, ID 83864, by December13, 2011, so they can include the comments in their review of the project.Landscape ArchitectsCommunity PlannersNatural Resource EcologistsLand SurveyorsNeighborsThank you for your attention to this matter.If you have any questions, please call me at (509) 252-5019.Craig Andersen RLA, LEED APLandscape Architect/Land PlannerCDAjiskEnclosuresc: Todd Prescott, Wh itewater CreekJoan Bramblee, City of sandpointLen Zickler, AHBLQ:\2011\211449\WOROPROC\letters\20 111108_Agency_ltrs\20111108_Ur_(AgencyApprL(DivEnvirQuaIL211449. 30 .docxSPOKANE827 West Fist AvenueSu~e:lJ1Spok,,,,. WI 99201·3912509.252.5019 TEl509.315.8862 FAXwww.ahbl.com

769460 ~-'r .G-\JATTACHMENT 4FILED BYMILLTOWN PARK LLC SHORT PLAT 1m APR - 2 A II: lj 2AGREEMENT ~i

)4. Required Improvements. The City agrees that any City-required on-site or offsiteinfrastructure improvements (including but not limited to sewers, roads, gutters, catch basins,storm water management facilities, sidewalks, and traffic mitigation) to the Property may beinstalled, paid for, bonded for and/or implemented in phases as each particular Phase ofdevelopment is commenced and developed, unless otherwise agreed to by the Developer. Someofthe infrastructure improvements for the Property, namely road improvements and trafficmitigation, are included in the City's Capital Improvement Plan as Circulation projects describedas LarchIBoyer Traffic Signal and Intersection Improvements. The Developer shall receive adollar-for-dollar credit against City impact fees for improvements made to like category CapitalImprovement Plan infrastructure projects.5. Vacations and Dedications. In connection with the approval ofthe necessaryentitlements required for the completion of the Project by the City, the Developer and the Citywill take the following actions:5.1 Dedication ofPublic Easements.5.1.1 Public Utility Easements. The Developer shall, upon the approvalof a Short Plat, indicate a thirty (30) foot wide Public Utility Easement (the "PUE") on said plat,for storm, sanitary, and water systems necessary to serve the Property and adjacent properties inthe general locations as shown on Exhibit C attached hereto and made a part hereof, which willgenerally follow the existing sanitary sewer line on the southern portion ofthe Property, andextend to the north following the existing water line. The Developer reserves the right to relocatethe specific location ofthe PUE as may be necessary with the development ofthe Property, solong as adequate service and access is provided subject to approval by the City's Public WorksDepartment. The PUE will be more specifically defined with legal descriptions prepared inconjunction with the final version ofthe Short Plat.5.1.2 Access Easements. The Developer will, upon the approval ofaShort Plat, indicate a permanent forty (40) foot wide cross access/utility easement and a thirty(30) foot wide emergency access easement (the "Access Easements") as shown on Exhibit C.The Developer reserves the right to relocate the Access Easements with the approval ofthe FireDepartment and the Public Works Director. The Developer and the City each agree to cooperatein good faith in negotiating and preparing such easement agreements.5.1.3 Bikepath Easements. After determining and receiving approval forall building site locations and building permits, the Developer or its successor in interest willindicate upon the Plat, a permanent ten (10) foot wide bikepath at such location as is mutuallyagreed and determined by the Public Works Director and the Developer or its successor ininterest, depending on the approved building locations. The Developer agrees and commits toprovide specific notice ofthis bike path requirement in all purchase and sale agreements enteredand negotiated with all subsequent buyers. The Developer and the City each agree to cooperatein good faith in negotiating and locating such future easement, so long as such bike patheasement does not interfere with the approved building site locations.Page 2 of8

5.2 General. The rights ofany parties with respect to the easements describedin Section 5.1 shall not vest until such time as the Developer and the City execute and recordwritten easement agreements with respect to the same, which written agreements shaH set forththe exact location ofthe subject easements, describe the parties benefited by the same, describewhat rights the Developer shall have with respect to the relocation ofsuch easements, andcontain such other terms as shaH be reasonably satisfactory to both the Developer and the City.The Developer and the City each agree to cooperate in good faith in negotiating and preparingsuch easement agreements. At such time as such written easement agreements are executed andrecorded, the terms ofthis Section 5 shall be ofno further force or effect.6. Reimbursement and Apportionment. Nothing in this Agreement precludes theCity and the Developer from entering into any reimbursement agreements for the portion (if any)ofthe cost ofany water or sewer infrastructure that the City shall require to be installed by theDeveloper, and the City shaH cooperate in arranging for such reimbursement agreements or socaHed "late comer agreements" when the Developer pays the cost ofany such water or sewerinfrastructure improvements which may benefit other properties as approved by the PublicWorks Director.7. Processing. Upon satisfactory completion by the Developer of all requiredpreliminary actions for the Project, and payment ofappropriate processing fees, the City shaH,subject to all legal procedural requirements, promptly initiate and use its reasonable efforts tocomplete at the earliest possible time all required steps, and expeditiously grant any approvalsand permits, as necessary for the completion ofthe development ofthe Project. Ifrequested bythe Developer, the City shall, at the Developer's sole cost and expense, hire a dedicated planneror other staff personnel to expedite any permit applications required by the City for the Project.The Developer shall have a reasonable opportunity to comment, review, and approve the City'sselection of said planner or staff personnel. The City agrees that all costs, expenses, bills, andinvoices incurred or generated by the planner or staffpersonnel, shall be submitted to theDeveloper for payment upon reasonable review and approval.8. Other Governmental Bodies. To the extent that the City, the City Council,Planning Commission or any other City agency constitutes and sits as any other board or agency,such board or agency shall not take any action that conflicts with the City's obligations underthis Agreement.9. Utility Services--"Will Serve." The City, upon payment of applicable fees, willprovide water and sewer services but share no cost for line extension or expansion, to the Phasesof the Property as required by the Developer.10. Traffic Study. The parties acknowledge that prior to the date hereof, theDeveloper has engaged Group Mackenzie ("Developer's Traffic Consultant") as its consultant toprepare a traffic study to assess the traffic impact ofthe development ofthe Project and the Cityhas engaged David Evans and Associates ("City's Traffic Consultant") to work with Developer'sTraffic Consultant in connection with such study and that City's Traffic consultant haspreviously prepared a draft report with its findings and delivered such report to both Developerand the City. After the Effective Date, Developer's Traffic Consultant will prepare a final trafficreport. After receipt ofthat report, Developer and the City each agree to cooperate in good faithPage 3 of 8

to negotiate any traffic mitigation actions Developer may be required to take in connection withthe Project and to agree upon a written agreement memorializing that traffic mitigation plan, allofwhich shall be reasonably satisfactory to both parties. Any mitigation efforts required oftheDeveloper in any traffic mitigation plan set forth in such agreement shall be set out on a Phaseby-Phasebasis not exceeding 4 phases, and shall be implemented by the Developer in phases tocoordinate with the construction of each Phase ofthe Property. To the extent provided in suchagreement or otherwise permitted by the City, the Developer may pay the City the cashequivalent ofall or a portion ofany mitigation required by the traffic mitigation agreement and,in such event, the City shall be responsible for implementing any such mitigation. TheDeveloper shall receive a dollar-for-dollar credit for all costs and improvements associated withqualifying traffic mitigation against any circulation impact fees charged to the development andotherwise payable by the Developer to the City as set out in the City's 2005 CapitalImprovement Plan. Reimbursable projects included in the City's Capital Improvement Plan andrelated to this short plat include I) the LarchIBoyer Traffic Signalization & IntersectionImprovements. The Larch Street and Boyer Avenue Traffic Signal and IntersectionImprovements shall be accomplished in the first phase ofdevelopment.II. Right to Assign. The Developer shall have the right to sell, assign, mortgage,hypothecate or transfer any portion ofor interest in the Property from time to time without theprior consent ofthe City, and this Agreement shall apply to any such transferred portions orPhases ofthe Property, solely as it relates to such portion or Phases. After any such transfer, thetransferring party shall notifY the City ofthe name ofand notice address for the transferee. Uponthe sale, transfer or assignment of any portion ofthe Property by the Developer and thedelegation or assignment ofthe duties and obligations related thereto, the Developer shall bereleased from its obligations under this Agreement with respect to such portion ofthe transferredProperty arising subsequent to the effective date of such transfer. Ifbonding or infrastructurerequirements remain in place, then the Developer agrees to transfer, assign, or obtainreplacement bonding upon the transfer ofthe Property and the release ofthe Developer fromsuch requirements. The City agrees to reasonably cooperate in allowing and acceptingreplacement bonding upon the transfer ofthe Property in phases.12. Agreement to Run with the Land. The parties agree this Agreement shall berecorded, shall run with the land and shall be considered continuing obligations ofthe owner, coownersor subsequent owners ofthe Property or owners ofeach Phase ofthe Property to theextent that it relates to the portion ofthe Property owned by them. Each owner, co-owner orsubsequent owner ofproperty which is subject to an agreement adopted pursuant to this Sectionshall comply with this Agreement.13. Mortl!al!ee Protection. The parties hereto agree that this Agreement shall notprevent or limit the Developer, in any manner, at the Developer's sole discretion, fromencumbering the Property or any portion thereof or any improvement thereon by any mortgage,deed of trust or other security device securing financing (each, a "Mortgage"). The Cityacknowledges that the lender(s) providing such financing may require certain interpretations andmodifications ofthis Agreement and agrees upon request, from time to time, to meet with theDeveloper and representatives of such lender(s) to negotiate in good faith any such request forinterpretation or modification. The City shall not withhold its consent to any such requestedPage 4 of 8

interpretation or modification provided such interpretation or modification is consistent with theintent and purposes ofthis Agreement and does not materially or adversely affect any oftheCity's rights or privileges hereunder. Any mortgagee ofa mortgage or beneficiary of a deed oftrust ("Mortgagee") of any portion ofthe Property shall be entitled to the following rights andprivileges:13.1 Neither entering into this Agreement nor a breach ofthis Agreement shalldefeat, render invalid, diminish, or impair the lien ofany mortgage or deed oftrust on anyportion ofthe Property made in good faith and for value. At the request ofany Mortgagee, theCity shall agree to subordinate this Agreement to the terms and provisions of any Mortgage.13.2 The Mortgagee encumbering any portion ofthe Property who hassubmitted a request in writing to the City in the manner specified herein for giving notices, shallbe entitled to receive written notification from the City of any default by the Developer in theperformance ofthe Developer's obligations under this Agreement.13.3 Ifthe City receives a request from a Mortgagee requesting a copy ofanysuch notice ofdefault given to the Developer under the terms ofthis Agreement, the City shallprovide a copy of that notice to the Mortgagee within ten (10) days ofsending the notice ofdefault to the Developer. The Mortgagee shall have the right, but not the obligation, to cure thedefault.13.4 Any Mortgagee who comes into possession ofthe Property, or any partthereof, pursuant to foreclosure ofthe mortgage or deed oftrust, or deed in lieu ofsuchforeclosure, ifit elects not to have the City subordinate this Agreement in accordance with para.13. I, shall (unless subordinated) take the Property, or part thereof, subject to the terms ofthisAgreement; provided, however, in no event shall such Mortgagee be liable for any defaults ormonetary obligations ofthe Developer arising prior to acquisition oftitle to the Property by suchMortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled to abuilding permit or occupancy certificate until all legal requirements and, to the extent that thesame are susceptible ofcure by the Mortgagee and are not covenants personal to the prior ownersofthe Property, the requirements hereof have been satisfied and all delinquent and current feesand other monetary obligations due under this Agreement for the Property, or any portionthereof, acquired by such Mortgagee have been paid to the City.14. Further Assurances; Covenant to Sign Documents. Each party shall cooperatewith the other party and shall take all actions and do all things, and execute, withacknowledgment or affidavit, ifrequired, any and all documents and writings, that may benecessary or proper to achieve the purposes and objectives ofthis Agreement.15. Time ofthe Essence. Time shall be ofthe essence in and under this Agreement.16. Enforcement ofAgreement. The parties agree this Agreement may be enforcedby the parties through any means deemed to be appropriate, including but not limited to, specificenforcement, injunctive relief, damages or criminal penalty for violation ofMunicipal Code.The parties further agree the enforcement options available to the Council shall be consideredcumulative.Page 5 of 8

)17. Defense ofAgreement. The City shall take all actions which are necessary oradvisable to uphold the validity and enforceability ofthis Agreement. Ifthis Agreement isadjudicated or determined to be invalid or unenforceable, the City agrees, subject to all legalrequirements, to consider, and act in good faith with respect to, modifications to this Agreementto render it valid and enforceable to the extent permitted by applicable law.18. Attorney Fees. In the event either party requires the services of an attorney forenforcement ofthis Agreement, or in the event ofany suit or other proceedings brought forenforcement ofthe terms ofthis Agreement, or because ofthe breach ofthis Agreement, theprevailing party shall be entitled to an award of costs and reasonable attorney's fees against theother party, including fees pertaining to foreclosure.19. Notices. All notices to be given to either party shall be given, in writing,personally, by overnight delivery service (such as FedEx) or by depositing the same in theUnited States Mail, postage prepaid, and addressed to the party at the address noted above, or atsuch other address as may be in writing designated by one other party to the other. All noticesare effective upon delivery. In addition, a copy ofall notices to be given to Milltown Park LLChereunder shall also be given to The Prudential Insurance Company ofAmerica, c/o PrudentialReal Estate Investors, 8 Campus Drive, Fourth Floor, Arbor Circle South, Parsippany, NewJersey 07054-4493, Attention: PRISA II Asset Manager - Milltown Park. All notices must bedelivered on a business day.20. Waiver. The waiver by the City or the Developer of any breach of any term,covenant or condition ofthis Agreement shall not be deemed to be a waiver ofsuch term,covenant or condition with regard to any subsequent breach ofthe same or any other term,covenant or condition.21. Binding Effect. This Agreement shall be binding upon and shall inure to thebenefit of the heirs, executors, administrators, successors and assigns ofthe parties hereto.22. Waiver ofRight to Contest. This Agreement is made and entered into freely,knowingly and voluntarily by the parties hereto in their appropriate and lawful capacities.23. Severability. It is hereby declared to be the legislative intent that the provisionsand parts thereof ofthis Agreement shall be severable. Should any section, subsection,paragraph, clause or phrase ofthis Agreement, or any particular application thereof, be declaredinvalid or unconstitutional for any reason by a court ofcompetent jurisdiction, such decisionshall not affect the remaining portions of said section, subsection, paragraph, clause, or phrase ofthis Agreement.24. Governing Law. The validity, meaning and effect ofthis Agreement shall bedetermined in accordance with the laws of the State of Idaho applicable to contracts made andperformed in that state. Venue shall be in the First Judicial District Court in and for BonnerCounty, Idaho.Page 6 of 8

25. Captions. The captions to the paragraphs ofthis Agreement are for convenienceonly, and shall not be deemed to enlarge, diminish, explain or in any manner affect the meaningofthose paragraphs.26. Recordation. The parties hereto hereby direct the City Clerk to record a copy ofthis Agreement against the Property with the County Recorder of Bonner County within ten (10)days after the Effective Date. This recordation is in addition to the recordation ofotherdocuments expressly contemplated herein.IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to beexecuted and delivered by their duly authorized representatives as ofthe Effective Date.CITY OF SANDPOINT~\-Gretchen Hellar, MayorAttest:Approved as tolorm:Ii'//U ~i i (_William Herrington, City Attorney~~/~l-;:::=..,~UMILLTOWN PARK LLC,a Delaware limited liability companyBy:BROWNFIELD DEVELOPMENT I LLC,Its Sole MemberBy:RENOVA PARTNERS LLC,a Delaware limited liability company,Its Member /}.IJBy: I~ ~{ f!ttk..Name:Title:Norman Pedersen IIIManaging PrincipalPage 7 of 8

ATTACHMENTSExhibit A.Exhibit B.Exhibit C.Legal Description ofthe PropertyCommercial D Zoning StandardsShort PlatACKNOWLEDGMENTSState ofldahoCounty of Bonner)) ss)On this l'J!!day of ... ,2009, before me, a Notary for the state ofldaho,personally appeared Gretchen Hellar, ayor ofthe City of Sandpoint, known or identified to meto be the person whose name is subscribed to the within instrument, and acknowledged to methat he executed the same.IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal thedate and year in this certificate first above written.State ofldahoCounty ofBonner,,'lIlIlill",""'~~~~',;'OI""~ 0° "0 ~~~§:' 0'7111) ", ~~: : ..... cyooU)='=. ........ =:: " ~

PARCEL 1That portion ofthe Southeast Quarter ofSection IS, Township 57 North, RAnge 2 West, Boise Meridian,City ofSandpoint, Bonner County, Idaho, described as follows:Commencing at the South Quarter Comer ofsaid Section IS, Thence North 00'37'55" East along theNorth-South centerline ofsaid Section 15, a distance of30.00 feet; Thence South 89'30'41" East, a distanceof30.oo feet to a point lying 00 the easterly right ofway ofBoyer Avenue and the northerly right ofway ofLarch Slreet in the City ofSaodpoint, and the True Point ofBeginning ofthis descriptioo.Thence South 89'30'41" l!a5t alon8 said northerly right ofway line ofsaid Larch Slreet, 470.00 feet;Thence leaving said ri8bt ofway, North 00°37'55" East, 85.00 feet;Thence South 89°30'41" East, 151.00 feet;Thence North 00°37'55" East, 75.00 feet;Thence South 89°30'41" East, 147.03 feet to the westerly right of way line of the Spokane InternationalRJlilroad (Union Pacific IWlroad);Thence North 00'37'55" East, along said railroad right ofway, 945.67 feet to a point ofcurvature and thebeginning ofthe Spokane International to Great Northern RJlilway transfer track;Thence along a curve to the left, having a radius of437.02 feet, through a central angle of 8°1000", an arcdistance of62.29 feet to a point ofcompound curvature;Thence along a curve to the left, having a radius of547.99 feet, through a central angle of 13°]5'00", an arcdistance of 126.72 feet;Thence leaving said ri8bt ofway, North 89°29'10" West, 111.06 feet,Thence North 00°16'00" East, 174.95 feet to a point on said right ofway ofsaid transfer tracle, said point ison curve to the left, the center ofwhich bears South 47°00'35" West, 547.99 feet disbmt;Thence along said curve to the left, having a radius of547.99 feet, through a central angle 0[28°57'05", anarc distance of276.90 feet to a point on the southerly right ofway line ofthe Great Northern to NorthernPacific Railroad transfer track; Thence along said southerly right of way line, North 78°42'04' West adistance of386.02 feel to said easterly right ofway line ofsaid Boyer AveDlle;Thence South 00°37'55" West, along said easterly right ofway, a distance of 1682.61 feet to the Point orBeginning;Said tract contains 1,144.066. Square Feet, or 26.26 Acres, more or Jess.PARCEL 2:That portion of the Southeast Quarter ofSection 15, Township 57 North, RJlDge 2 West, BM. BonnerCounty, Idaho, described as follows:Commeocing at the South Quarter Comer ofsaid Section IS, Theoce North 00°37'55" East along theNorth-South centerline of.aid Section IS, a distance of 171834 feet to a point on the southerly right ofway line of the Great Northern to Northern Pacific Riilroad transfer track; Thence along said southerlyright ofway line, South 78°42'04" East a distance of599.96 feel to a point ofIntersection with the easterlyright ofway line ofthe Spokane International to Great Northern Railway transfer track which is the TruePoint ofBeginning. Said point is on • nOD-laDgent curve to the right, Ibe center ofwhich he.m South35'47'29" West, 597.99 feet distant, Thence southeasterly along said curve to the right, having a radius of597.99 feet, through a central angle of06°20'29", an arc distance of66.19 feet; Thence leaving said easterlyrigbt ofway, North 00'16'00" East, a distance of31.29 feet to said southerly right ofway line ofsaid GreatNorthern to Northern Pacific Railroad transfa track; Thence North 78°42'04" West, along said ,outherlyright ofway, a distance of52.60 feet to the True Point orBeginning;Said tract contains 767 Square Feet, or .01 Acres, more or less.EXHIBIT ALEGAL OESCRIPTION

Sterling Codifiers, Inc.Page 1 of39-3~: COMMERCIAL 0 ZONE:A Use Regulations: Permtlted uses are:lhoe6 u&aI aJIowid In lhe eN and PO zones other lhan tchools, public Of private, 8Xcepl.lhose achooIa of vocational natul'8 which operate simitarty 10 areloaD busll"l8!5 where a product or product8 may be purch8sed on the pretni:.sou.AgrioJlluTilllrrPemenl sales and servJce oonduded wholly within ~I!llely end0s8d b(jldings.JJr col"CfflionJng and heating saJes and IfIrvice.Apartments, prcMded It\ey lilt! 5oc;t8d llI00vt ttl, flt'Sl ftoor and above a businau us. permitted in thi' dililrid.Auction rOOfT\LAutomobile 181e. and service 600pS amducted wholly wi\hln ~t8ly endo:3ed boUdregs and each one al an Inlegrated bLrsIne:s$ op8t11lion, but nollnetuding automobile painting, uPho/slerillg, rebullcmg or body al'ld fender wOlk.Automobile NNice alation.Bakeries. when! 8' goods are sold on lhe prenises alllltail.Banks.Battery and li~ service sla'lona.Be\lemQe ostr1b1Jtors. but nol i.rlJding bottling plants.Blliard and pool rooms.Book end stationely Itores,BooIl inducing repair £eMoa.Gas or setVial .slaliom providing for the retail :sale ot'l the prem... of molOl' veh1cle fuel al'Kl other p8'tnMeum produda and aulomObfIe eocessort8!. WId for!he h.brica00n ,nd rrinor repaIrs of automotive mides. lIlA nollncluding tire recapping, engne CMImaul or body and fender woOLGrocery, fruit or vegetable stores.Hand launm1es.Hal'OWare 110f'&$.HoI.".Laboratories.L8uf'lderelie! and laundromats.Laundries ~Ioying facilities for not more than ()(lB thousand (1,000) pound. of dry goods por day,EXHIBIT BCOMMERCIAL D ZONINGhttp://sterling.webiness.com!codebooklgetBookData.php?id:&section_id:155643&keywo... 10/1/2008

Sterling Codifiers, Inc.Page 2 of3Manufacturt~ or procerslng wtlictl is dearty Inddenlallo m1aU USB Is permitted. Such manufaduring or processing is ~miled to Ihat't'l1lictl employs 001ITCIrCI than ten (10) persons in the manufac:luring or processing.Meal maltl.et 01 poultry ,Iores, if no staughter or strippinQ is invooed.Motsls.OffIces.PainlinO and deconrting shops.Pel shops or animal hospitals 'When conduded \l!'holly wI\hin endosed buildings.PhOl.ographGr's or artl:sl's sludlosPf\.Jmbiog, healWlg and roorng wpply and worbhop5.Prinling, publishing and ilSlAng of newspapers, periodicals. books and olher read.,g mane.r.Printing shops.Professional or lervic::e offiees.Radio and t8levi,lon a"It6nna lowers tor COfM"'I8rcial purposes.Radio and television sales and service.Radio broaOC:asUng s181lons.RecreaUOCl place!.Reslauran\8.Retail stor811 and servrus, bot ~pressly excluding lho6e USBsllited In Indu:\trial E and Iighllndu5trial ER zones.Shoe repair shops.Signs, ouldOOf ad\l9t1islng.Tailor.nd dressmlking sho~.lavems or retell sale of alcoholic IQUO", aut;ec1 10 !:he reguil!tions 01 other provfaiona d!tis codeS.T8Jli MJVfce $1aUons,Tetegraph service elatiOns.TeJephonll uth&.nQ6 bulldi'lg.Te~rary buildin9!' IrdtkN'ltal only to conslrUction of B permiHDd U&6.Thealers, IndoOr (nol incfudlng outdoor \heatel'1l).Tourisl homes,Trailer sale, when conducted wilhin bUilding•.Undel'laking &Stablshments.l.be5 CU$1,omariy incidental to any ollt'le above uses end 1tCOe$$Ol'Y buiding~ wtlen kJcated on the same lot. provided lhal 0lJld00r sale, anan noI exceedtilly pett:8lTl (50%) of the Jn1enor buWless square footage. However, ooldoor saling areas for reslaunmll 'MIl not be IiJThed, AI busineSs al'ld ktVioe5tores, &hops or businessM shan primarily be conducted whoRy wilhin comPetely enclosed buIldings, except for automobile parting and off Sl1eel par1(ng,loading areas end sale of automobIle fuel and lubricants.VoIhoiesale eslabll6hmenls, excluding 8 bulk1lng the principal use 01 which is for. SloragB warehouse.B. Condtfional Uses;Automobile or trailer sal," lob may be permitted whenever such U58 Is sped/icelly Bulhori:zed by Ihe convnission.BUIldings Of Ktrud\RS heving. height greater !h:m forty fiV'8 feet (-45'), wilt! the mnIrntm hltighll"lOllo liU{oeed sixty feel (50') withln spedlJed areal zonedrommorcial 0, whertllha propos811ncx:lfporates requltements 881 forth within sL1bsedion C of this section. The oonditionsll1!e permit m.y only be avaihlble8t such lime when the city council deletmifles the rn department Is capable of fighting fQS above forty five feel (

Sterling Codifiers, Inc.Page 3 of3SchoolS, public or private, exceplll'los& schools of vocalional nature which operate slmll8f1y 10 II retail buslntlSl where a product or products may bepurchased on the premises. (Ord. 1178,8.15-20(1)C. HeIght: No building or ItructlKe 'hal be erected or alrUeturally altered 10 GXceed forty fMl fsel (.ti5') WI heigh!. Thli maximum may be Increased to a helghlnOi to eKCe6d sixty feel (601 within specified eraaa zoned corrrnetdsl D with en approved conditional use pemit or 8S part 018n approved planned unildev~nl. The 8ppt'OYil GhaI not be a matter of right and ahaJt be granted only upon 8 showing by the applcant Ihsl the project de.s;gn is Bppropriatefor the aile and provides outstanding design In accordance wilh !he foIlovmg guidelines:1, Open Space: The reque&l may be 1avOI'ably vklwed 11 It provides open space In excess of COde requirements.2. Landscaping: The request may be favorably \liewoo if it provides landscaping in excess of code reQuif9ffi8r'lta.3. SIting: The request may be favorably v1eweclf II is in character with other buildings and IJ8e.! in the w:inity indvdlng eitea eblrttlng re:aid&olial areas.•. Pede:!trian Amenfties: The request may be f&vontbly viewed " pedestrian amenities exC86d other requll'!lmont!l of the city.5. ArchltectLnI De5iQn And MaLenal,: The request may be filVOl'ably viewed If It provides deilgn (such as U.S. green building councilEED 08rtbtlon Ofother sudl 3tanderd) and materiel feature:5 which are eXCl!lptional yelln keeping with th& charitdef and style of the surrounding developrmnlllndenvlronmenl.6. ?Brking Amenitie3: The req\J03\ may be faVOl"8bly viewed if the pro}ecl provides uflderQl"OUnd pariUng or parking f68tlJl'es which 'HiD keep vehkJes out ofview from lhe eldevvalk Y8ttllrough bolldlng desIgn, provide a st.reel.5eape anradlve to vehld8S erK! pedslilricln traffIC.7. Pnwicling Beneficial Use(s): The project may be viewed favorably if lhe structure andfordasign for the Inside of 1h6 bUilding will ptO'Iide for importantusea or needs.a. Safety And Are Consk:&efations' The reqvest may be favorably v1ewed If the projecl provfdes salely end fire consid&l'8\cnt In 81\1XlS$ of ooder&QUIremanta.9. Solar And VttNI Acoess: The f6Quest may be viewed unfavorably if It reduces ~ar and view 8CClI'S5 to other property ownenl and public epaces in thevicillty beyond Wfla( a fony five foot (45') high bulding would cause.10. Historic Status: A conditional U&El permit sha~ not be availal:*l for the 5ite of historical building designated as slJCh by the Sandpoint oomprllhensiveplan Of' any Ofdinaoce or re9OMion of the city providl71g SUCh h1stotlcal designation.11. Wiltlin Comrnen::lal 0 Zone: Areas wilhin lhe commerdal 0 l:One. as Dr May 18,2005. where the condi~onal use is authorized are as fol~:8. North of la.rch Sireel. 83lIt of BoyerAwnuo, and south and west cithe BNSF railroad right of way.b. A portioo of the oommertiel 0 overlay zone with bordefs desaibed as soulh of Cedaf Streel, e8s1 of Sheth Avenue. south of ChlJl"Ctl Stroot. east ofBoyer Ave, norlh of Lske Street. WO!lt of EucJid AWlnue. north of Pine Streel, and west of FourIh Avenue. COrd. '133. 6-18~2005)D. Areas: No front Of side yards shall be reqUired except thet when a bulkllng or group of buildings abuts upon a residenUal dis1rict, II yard shall be providedon the aide fA the lot abutting the resJdential diatrlct. auch yard haVing a wktlh 01 not INS than ten feel {10l There shall be a nmr yard wHh It dopth of nolle5a tIlan t>Nenty feet (20') whftn no dedlcaled 81ey or public way exists altha rear of the lot Too nlar yard may be U1Ied ror off street patldng and Ioaditlgaa provided 1n thlslltJe'.E. Minimum Requirements: New dweDings IIh;JI have not tess than eight hundred (800) &QUatll feet o1l1oor spaoB. (Ord. 1069, 7~17~2002)Footnotes. CJid: any (ootDo4c lilll: to 10 bock 10 lt1 reft:rence.~See~l)fthatille.~Scc~ofthiltiUe.~Sce~orINJtille.~Sc:e~ofIhiJtille.~ Sec ti~.), cn-pttt;.2. of !hi. code.~See~ ofthittille.~See~ofthisTiUe.http://sterling.webiness.comlcodebook!getBookData.php?id=&section_id=155643&keywo... 10/1/2008

MILLTOWN PARELYINC IN A PORTION OF THESE 1/4 OF SECTION 15, TO"'NSHIP 57 NORTH, RANCE 2 JrEST,BOISE MERIDIAN, CITY OF SANDPOINT, BONNER COUNTY, IDAHO'"51[rCJl.ll(~ ltl.$AN.\-I'''Ol1C IlIU 5'lt. ~'IllUIIOI....cc: .os lOCrOCD !Y M unO'lOHOt$ ......0 AS ,t.P""O"tD aT lH(OTl' or SANo..o"nRECORDER'SCERTIFICATEFilM '''~ __ dgy (lf~__ • 200g. "'_ o"c:/ocL..m.Q/ Ill' nqu.sI flf Clot> • ... "'$,JlH:Iotu. 1I'Ic-. as JIlI/rum.",/N. _COl/My R.cord.rb, D.puty"'.....,.... -.-MILLTOWN PARK

-- ~ ':-+-I! f ---i-.·-•30.52)1 /'''''-,',,--I : :I I , II :: I ~:;,ooJ ~~~~TTO THEI ;-fHST. NO. 782452I , I"._~I I:iD\~, I"'I~ -.~ Ii~ r,I i1IIILOT 4MILLTOWN PARKRECORDS OF BONNER COUNTY, IDAHO AND IN THE SOUQUARTER OF SECTION 15, TOWNSHIP 57 NORTH, RANGEBOISE MERIDIAN, CITY OF SANDPOINT. BONNER COUNTY,ATTACHMENT 5_... I 30' ..OE PU8Ue UTlUTY EAS£MENT_:.c-l I SHO"'" ON NlU.TO"'" PARK, 8K 0(.) I Of PlATS. PC. 155., 1 (FOllOWS DlsnNC STOO~WAT(R-~ PIPEUNE)•;[S~UTJ ~ I;>..~~. S .80;.~~~;e;~i;i~:~~'~"~·~':'~---l I"-sPRUCE- --:-L N89'39'57"E· i ..' 3ll:':':... J:43•.~·....: . ':':. ,:.'" '."'- -.-- 1-- 82.26' .'W 419.17';""-'-~"9·3i-W-·--"":3;':i.""l5:r':""":'-_7?",·:',···:JS8,'51'5 IElOSn..c unuTY EASalENT ' I' 30' .30,.1 I25' X 10' fH FAVOR Of A'il~~=='='i~i¥i=~::l..:9§1:l=-~~-:-rH89'30"4'''W1 , '

ATTACHMENT 4ATTACHMENT 6SANDPOINT PLANNING COMMISSION SPECIAL MEETING5:30 P.M. CITY HALL COUNCIL CHAMBERSMINUTES OF JANUARY 3, 2012COMMISSION MEMBERS PRESENT: Rob Herrera, Kathleen Hyde-Bordenave,Shelby Rognstad, Aaron Qualls, Cate Huisman, Deb FragosoCOMMISSION MEMBERS ABSENT: Scott WohlschlagerSTAFF MEMBERS PRESENT: Planning Director Jeremy Grimm, Senior Planner JoanBramblee, Planning Assistant Melissa Bethel, City Attorney Scot CampbellChairman Herrera called the meeting to order at 5:30 p.m.A. Approval of Minutes:Commissioner Huisman stated her first sentence under the ACI review is difficult tounderstand. Staff suggested changing the sentence to read, “Commissioner Huismaninquired if the Daycare is expanding and if the Commission is to assess what the impactwill have on City services.”Motion:Commissioner Rognstad moved and Commissioner Huisman second to approve theNovember 15, 2011 minutes as amended. Motion passes unanimously.B. PUBLIC HEARING:S11-02 (Milltown Park)– A request by Whitewater Creek and Renova Partners Groupfor preliminary Subdivision approval of approximately 26.2 acres into 10 Lots. The site islocated at the northeast corner of Larch and Boyer and described as Lots 1-4 of MilltownPark Subdivision Replat, in Section 15, Township 57 North, Range 2 W.B.M. Theproperty is zoned Commercial B.Staff Report:Senior Planner Bramblee explained the property was previously short platted and is nowbefore the Commission for a request of subdivision from 4 lots into 9. Bramblee statedthis application is a standalone subdivision and does not include a PUD. Bramblee statedthe Commission will need to look at Lot configuration and how it conforms to Citystandards. Bramblee advised the Commission an issue with the proposed Subdivisionconfiguration is the formation of double frontage lots. In addition questions of road rightof way dedication and when improvements need to be completed should be considered.Bramblee stated a requirement of the Short Plat was a dedication of a bike/pedestrianpath through the property and staff feels with the submission of this Subdivision it isappropriate for the applicant to meet that requirement. She explained the Fire Chief hasindicated he would like to see a northern access road connect to Boyer Avenue. Shestated it may be possible to allow a bike/pedestrian path which could also serve as anemergency access.Page 1 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Commissioner Huisman clarified where the Bike/Pedestrian path is proposed on thedrawings. Bramblee stated it is unclear if the path is shown on Railroad property or theapplicant’s property. Commissioner Huisman inquired why the proposed future road isjogged. Bramblee stated the Public Works Director has stated he would prefer the roadbe dedicated on the plat even if the Commission allows the completion at a later date.Commissioner Huisman verified the current zoning of the property is Commercial B andadjoining property to the west is zoned residential.Commissioner Rognstad inquired if there are open space requirements for SubdivisionApplications or the Commercial B zone. Bramblee stated no, but parking lot landscaperequirements may be triggered by development.Commissioner Qualls clarified the subdivision code requires one street tree every 25 feet.Bramblee stated condition number 19 of the staff report should read one tree every 25feet not one per lot. She stated the Commission can require the trees as a condition of theproposed Subdivision or allow the condition to be implemented upon development ofeach lot.Commissioner Fragoso inquired if the bike/pedestrian path is on RR right of way.Bramblee stated it is not clear by looking at the drawing.Grimm added the Commission can determine if it wants to require the future road to bededicated or allow to be shown as future with no dedication. Grimm stated the currentdrawings show an access to be adjacent to the Super 1 entrance off of Larch. Grimmstated the concern would be two joining egresses. He stated the Public Works Director isavailable for comment and probably will not like the idea of two adjacent entrances.Grimm stated an alternative would be to have the applicant work with Super 1 or haveMaple loop and connect.Commissioner Rognstad inquired if Maple is a functioning two way right of way that justdead ends. Grimm stated Maple is just a stub with a width of 40 feet. CommissionerRognstad clarified Maple as built now could not handle two way traffic and sidewalks.Chairman Herrera inquired if the Commercial zone has a minimum lot size. Brambleestated there is no minimum lot size for the Commercial zones. Bramblee explained toChairman Herrera that Lots 7,8, and 9 currently are proposed as double frontage Lots,with Lots 5,6 and 1 proposed to be in the future. She explained the Commission willneed to find there is a reason to allow for since the subdivision code discourages them.Applicants Presentation:Mr. Todd Prescott spoke as the applicant. Mr. Prescott stated he has a 50 unit townhomeproject funded for Lot 10. Prescott stated he has worked with the owners of the propertyand part of the deal for purchase is to take the least desirable Lot; Lot 10 and bring thesubdivision forward. Prescott stated the 50 unit residential complex is the driver for thisapplication. Prescott stated the proposal is to complete the subdivision in phases. Hestated for the development of Lot 10, he would put in the proposed Chestnut and whatwould be the future Sixth Ave from proposed Chestnut to the RR. Prescott stated hePage 2 of 15 Sandpoint Planning Commission Minutes January 3, 2012

would like to have the future widening of Boyer connected to the development of Lots 6,7, 8 and 9.Prescott stated the sewer will be brought in from Larch and would like to propose theSouth end of Sixth Avenue and then develop as the Lots sell. Prescott stated there is noway of knowing how the Lots will develop. Prescott stated once the users are knownthen the Lot lines can be adjusted and the infrastructure developed. Prescott stated 5 or 6years ago it would have been simple to come in and post a bond for the improvements,but with the economic situation it is hard to post a completion bond for even $100,000 ofoff site infrastructure.Prescott stated the construction of the 50 unit residential complex is conditioned on thissubdivision approval. He stated if would be difficult if the City said tied all the off siteimprovements to this one development.Prescott stated storm water and drainage would be as required by the City. Prescottstated he does not have the history regarding the bike path, but believes at one time theowner of Milltown was seeking a 10 foot dedication from the RR for a bike/pedestrianpath but does not have all the information. Prescott stated with the Lot he is developinghas no problem giving a 10 foot easement if approval cannot be gained from the RR.Questions for applicant:Commissioner Rognstad inquired if the applicant has a preference if the path comesthrough the center of the development rather than the perimeter. Prescott stated one sideof the future Sixth Avenue may be able to use one side as a bike path. CommissionerRognstad clarified there is currently no dedication from the RR.Commissioner Rognstad inquired if the applicant would be opposed with providing abike/pedestrian path with emergency access along the north side of Lot 9. Prescott statedhe would not be opposed, but would have to consult with the owner.Commissioner Rognstad inquired what the time frame is for the phasing. Prescott statedthe residential units would be completed within 12 months. Commissioner Rognstadinquired if the applicant would be agreeable to a time restriction of 5 years forcompleting the infrastructure for the subdivision. Prescott stated a time limit onimprovements would be difficult and require a bond which with today’s market would bedifficult. Prescott stated moving through the process and having the subdivision pay forits own improvements is the way to proceed.Commissioner Rognstad inquired how the applicant would feel about an open spacerequirement in the development. Prescott stated he would have to consult with theowners but the answer would probably be no without knowing the future buyers.Commissioner Hyde-Bordenave inquired how the applicant envisions the subdivisiondeveloping. Prescott stated he imagines the Boyer Lots will develop withcommercial/retail and Whitewater Corporation, based on how the residential complexdoes is prepared to do a commercial with residential development on the eastern lots.Page 3 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Commissioner Huisman inquired a bike/pedestrian path on the future Sixth Ave to theback of Super 1 could be developed. Commissioner Huisman stated the path would givethe residents of Lot 10 access to the grocery store without using autos. Prescott statedeither way the sewer line will be brought to Lot 10, so the result could be a compactedgravel surface.Commissioner Qualls clarified a time limit on completion of the bike path would not beviewed favorably by the applicant. Prescott stated the applicant will be approachingSURA for funds to complete infrastructure, he stated if the Commission requests, he canask for funds to complete the bike path.Commissioner Fragoso stated she would like to see the bike path at the perimeter of theproperty to add connectivity to the Dover path. She stated she would like to make surethere is at least some compact surface along the proposed future Sixth to allow for a path.Chairman Herrera clarified the applicant is requesting a replatting of 4 Lots into 10 Lotsfor the purpose of developing Lot 10. Chairman Herrera inquired if Lot 10 is the leastdesirable, then what will the development end of looking like and how will it becomedesirable. Prescott stated he would rather have Lot 6 or 7,8, or 9 but those Lots arehigher dollar value. Chairman Herrera inquired if Prescott feels the development will besuccessful. Prescott stated he does multifamily and stated he knows the market very welland the residential complex will be successful.Chairman Herrera inquired how the access of the future Sixth Avenue off of Larch willbe addressed. Prescott stated as the other Lots develop, Super 1 will need to be indiscussions and how those lots develop will drive how the access is developed.Chairman Herrera inquired if the future Sixth Avenue connection to Chestnut seemsnecessary. Prescott stated the sewer lines have to be brought in through the property offLarch.Mr. Raphael Barta spoke as representative of the Milltown property. He stated theowners are supportive of the project and the development. Barta stated the residentialdevelopment will provide many short and long term benefits for the community includingjobs, tax base and most importantly affordable housing close to downtown.Barta stated providing infrastructure for all lots would be cost prohibited and the streetconfiguration needs to be flexible for future development of the Lots. Barta stated Lots2,3 and 4 could become a conference center, theater, bowling alley or ice skating rink.He stated those uses could perhaps effect the lot lines as proposed. He stated the ownerdoes not want to build the physical road until the actual users are known. Barta statedWhitewater is paying a high price for residential development and could not pay a forprime commercial property which are Lots 6,7,8 and 9.Barta stated he has spoke with Union Pacific and the RR has finally deemed the tracks assurplus. However, the RR has not agreed to give any land so the bike path can becompleted which is the ultimate goal.Page 4 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Commissioner Qualls inquired if the owner will commit to a time frame for completionof the bike path. Barta stated if they had the property from the RR they would start thebike path tomorrow. However the owners would not like to see a required completiondate on a recorded document. Barta stated the owner is willing to cooperate and do atemporary bike/pedestrian path through the property, but do not want to have acommitment on title for roads and paths.Commissioner Huisman inquired if an emergency access through Lot 9 could be abike/pedestrian path. Barta stated ultimately the bike path is not just on this site, thevision has always been to connect to the Fifth Avenue corridor and along Boyer Avenue.Commissioner Huisman stated she would like to see a safe alternative until that futureland is acquired, which would get bikes and pedestrians from Larch to the RR trackswithout going along Boyer Avenue. Barta stated he would put a hard path in and workwith the fire chief and make sure the access conforms.Commissioner Hyde-Bordenave inquired why the owner is so agreeable to accommodateCommissioner Huisman when she does not live near there and just does not want to ridealong Boyer Avenue. Mr. Barta stated the owner agreed a bike path would go throughthe property somewhere as development occurred. Commissioner Hyde-Bordenaveexpressed an issue with producing a bike path and then just blocking it when constructionoccurs.Staff Comments:Grimm advised the Commission this is an issue of letting of the horse out of the barn. Hestated the cold hard reality is that once this subdivision is approved it is very difficult forthe City to get roads and easements recorded. Grimm explained if this application isapproved the rest of the Lots can all develop even if Lot 10 does not. Grimm stated thepathway is not discretionary but a requirement. Grimm stated if development occurs andthe path or roads are not platted, then it is difficult for the City to get those dedicationslater from several different owners. Grimm stated there is more flexibility for thedeveloper to come in with a request to Vacate or Lot line adjustment.Commissioner Huisman stated it is difficult to see what the traffic needs will be withoutknowing how the Lots will be developed. Bramblee stated the Commission can conditionfinal rights of way be determined before final plat approval.Commissioner Rognstad clarified Chestnut and the future Sixth Avenue will bedeveloped as full streets.Grimm stated the Commission cannot condition additional open space unless there isfindings of fact this subdivision will have an extraordinary impact on parks that impactfees do not cover.Grimm stated the Commission must look at the plat as it is proposed and not considerspecific future development as there is no guarantee any discussed development mayoccur.Page 5 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Bramblee advised the Commission it has the option to require a 25 foot landscape areaalong the proposed double frontage Lots to mitigate the design of double frontages. TheCommission discussed double frontage Lots and possible development options and trafficflows.Commissioner Hyde-Bordenave inquired if Maple Street can be a possible access for thedevelopment and if any traffic studies have been completed. Public Works DirectorKody Van Dyk stated the only traffic studies completed where done as part of the UrbanArea of Transportation in 2006 and the Milltown site was assumed to be fully developed.Van Dyk stated he would like Boyer Avenue to be widened. Van Dyk stated Maple is anunapproved road way which a part was vacated. He stated his preference would be tocombine the driveway of Super1 with Sixth Ave and have Sixth Avenue continue throughthe project. Van Dyk stated he would not allow the driveway for Super1 and anotheraccess road to be adjacent to each other. He stated it would be a 120 feet wide accessonto Larch and would not allow work.Van Dyk stated Maple could be an improved access for traffic, but not pedestrianimprovements because it is not wide enough. Van Dyk stated his preference would be tohave the Milltown developers work with Super1 to combine the access with the newSixth Avenue road. He stated another thought would be to close the Super 1 access andhave one entrance into the complex further north. Van Dyk stated Maple Street wouldnot be a viable option.Van Dyk advised the Commission he would prefer the future Sixth Avenue be plattedfrom Larch to Chestnut at this time. He stated the City cannot go backwards and get theright of way again, in addition it would allow a bike path on one side of the street throughthe site now. In the event the RR land is acquired the path can be moved. Van Dykstated the access through Lot 9 can be an easement. Van Dyk stated he can work with thedeveloper to defer improvements, but it is important the Development Agreement bevetted with the City Attorney to ensure infrastructure improvements are completed in thefuture. Van Dyk stated he would prefer the widening of Boyer Avenue happen at thesame time for Lots 7,8 and 9. He stated development of Lot 6 will trigger the remainingwidening.Chairman Herrera stated it is clear the Commission can require platted right of way buthow does the bike path correspond. Van Dyk stated requiring the developer to plat SixthAvenue will guarantee the bike path because the sewer has to go in for development ofLot 10. Van Dyk stated it would be only temporary until a full street is developed, butthe Commission can require a hard surface.Van Dyk stated water, sewer, storm water, pathway and street drawings will have to besubmitted and approved by his department.Commissioner Fragoso inquired if Van Dyk would prefer the double frontage lots beaccessed through Boyer or Sixth Avenue. Van Dyk stated for traffic purposes accesswould be better off of Sixth. He stated with the widening, it may not be much of aproblem but would be better off of Sixth.Page 6 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Chief Tyler stated his reason for bringing up access on the North through Lot 9 is becauseof lack of access getting into a development in an emergency. It is important to havemore than one point of access into the development. Tyler stated not counting any otherdevelopment there is at least 100 cars coming out of the development automatically, withthe development of Lot 10 as residential, and there needs to be another access. Tylerstated he does not necessarily want to create a hardship for the developer of Lot 10, butwhen Lots 6,7 or 8 are developed, having access through Lot 9 will help with trafficcirculation.Chief Tyler stated the City needs to be negotiating with the RR to get the bike paththrough the RR property.Commissioner Qualls inquired if the Chief would like to see a fire access easement or afull road through Lot 9. Tyler stated the amount of traffic should warrant a full road. Hestated he could not require it because the plat as proposed meets fire code. Chief Tylerstated in the case of emergency the trucks would not use an emergency access throughLot 9 but just use Chestnut Street.Chairman Herrera opened the public hearingPublic Comment: NoneApplicant’s Rebuttal:Commissioner Rognstad inquired if the applicant would oppose a requirement for a 25foot landscape buffer to the rear or east of lot 6 or the east of Lots 7 and 8.Commissioner Rognstad inquired if the applicant would oppose a condition to plat theextended Sixth Avenue from Larch to the RR tracks and down to Boyer Avenue throughLot 9 with a multi model path on one side and sidewalk on the other. CommissionerQualls inquired if the path would be temporary. Commissioner Rognstad stated he doesnot see why it would need to be temporary, if the bike/pedestrian path along the RRhappened this path would another connecting path.Commissioner Rognstad inquired if the applicant would oppose a condition requiring thewidening of Boyer Avenue frontage to be completed upon the start of development ineither Lot 7,8,9. Barta stated it seems reasonable. He stated it would depend on howaccess occurs and would not like to see three separate accesses, but would like to see allthe Lots developed as a whole.Barta inquired what City Code would require regarding the 25 foot buffer.Commissioner Rognstad stated the buffer is a tool offered in City Code to mitigate thedesign of double frontage. Barta stated it is a reasonable request but would need todiscuss it with the owners. Commissioner Rognstad stated he would only condition the25 foot buffer on Lot 6 or 7 and 8. Grimm stated if the commission finds thearrangement is not beneficial it is a finding and the applicant can bring back anotherproposal.Commissioner Fragoso expressed concern regarding having only one access point outChestnut. She inquired if the developer would dedicate and complete Sixth Avenue toPage 7 of 15 Sandpoint Planning Commission Minutes January 3, 2012

the North end of the project. Prescott stated the subdivision meets the fire code per thefire chief. Prescott stated currently the City uses Lots 2,3 and 4 for snow removal and itis always open in the winter and emergency vehicles will not have an issue getting intothe development. Commissioner Fragoso stated just the numbers in vehicles leaving thefuture development will be great and is concerned regarding all traffic accessing oneroad. Van Dyk stated the one access will handle the traffic.Chairman Herrera inquired if the Commission can require the road be developed up front.Grimm stated the Commission can require platting and infrastructure.Commissioner Qualls inquired the need to widen Boyer Avenue. Van Dyk stated it wascalled in the transportation plan to widen Boyer to a two lane road with center turn lane.He stated it will continue the improvements Super1 completed.Commissioner Qualls inquired if the applicant will negotiate access off Larch withSuper1 and the Public Works department upon development of Lots 2-6 and to developthe right of way between Larch and Chestnut. Barta stated he can not commit for a thirdparty. Barta stated Super1 in good faith bought a Lot and built out the entireinfrastructure as if there will be no cooperation in the future. Barta stated the owner willnot pave or pre build infrastructure from Chestnut to Larch without knowing what isgoing in on Lots 2,3,4 and 6. Barta stated they will plat it, and do not oppose the bikepath.Commissioner Qualls inquired if the owner would be willing to commit to the plat asproposed and working with Super1 to connect Sixth Avenue. Barta stated a DevelopmentAgreement is a promise and is an agreement the work will be done. Barta stated the Citywill have always gotten the bike path because it was agreed. Commissioner Qualls statedthe confusion is over the word future as designated for the future right of way. Grimmstated what is depicted is a bike path on land the owner does not control, and thedevelopment agreement states there will be a bike path dedicated through the property.Grimm stated since the property is now going to be subdivided it is the best time to getthe bike path dedicated. Grimm stated he believes the owners are not objecting to theplatting of the Sixth Street right of way with an easement for a bike path.The Commission discussed issues of platting verses developing infrastructure and howand where the bike path will be developed.Prescott reiterated the applicant is prepared to dedicate the right of way as shown. Inaddition when Lots 2, 3,4 or 6 are developed they will build the infrastructure for theextension of Sixth Avenue. He stated the applicant will also provide an all weathersurface for a bike path over the sewer easement which will follow the future SixthAvenue to Chestnut to be used until a complete Sixth Avenue is built.Commissioner Qualls clarified development of Lot 6 would trigger improvements alongBoyer Avenue. Barta stated he would be agreeable to a condition which stipulates once amajority of Lots along Boyer Avenue are developed the widening and improvementsalong Boyer Avenue would be required.Page 8 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Commissioner Qualls inquired who bears the burden of supplying the infrastructure forthe subdivision. Barta stated the developer of the Lots will bear the burden. Grimmargued the applicant is responsible for providing infrastructure improvements required byCity Code. Grimm stated there are mechanisms to defer, although it is an administrativeburden for City staff.Commissioner Qualls inquired if the applicant is willing to dedicate an access throughLot 9 for emergency access. Barta stated there are a lot of discussion points which wouldneed to be engineered and he would rather discuss these points with the Public WorksDirector and see where a road may or may not be needed.Barta stated it is inconceivable a building permit would be allowed on any of the Lotswithout the frontage improvements being required.Chairman Herrera closed the public hearingDiscussion:Chairman Herrera stated he would like to take each issue as noted and discuss to try andreach consensus.Require an additional access to Boyer through Lot 9:Commissioner Hyde-Bordenave stated she would like an emergency access easement tobe a requirement.Commissioner Rognstad stated he would like a dedicated right of way.Commissioner Huisman stated she is concerned about how wide the access road wouldhave to be. Grimm stated 26 feet wide would be fire code for emergency vehicles, butthe question is whether a wider multi use path with ballads would suffice.The Commission agreed Chief Tyler stated he would not use that access for emergencypurposes, but thought a full road would be needed for additional vehicle traffic. Van Dykanswered a full road for only traffic with no pedestrian or bike amenities would need tobe 26 feet. The Commission discussed the amount of land which would be required foran access onto Boyer.Grimm clarified the Commission can recommend a pathway or access road and notdesign the road.Commissioner Hyde-Bordenave stated her comments are not valid if the Commission isnow discussing two- way traffic. Chairman Herrera stated it is a valid point fordiscussion.Commissioner Qualls stated he thinks it would be advantageous to have an access pointinto the development.Commissioner Fragoso stated she is not concerned about the width but knowing the RRtracks are never going away, the benefit to having a path is great.Grimm stated the applicant is willing to provide a ten foot bike path in this location.Chairman Herrera inquired if the applicant should provide emergency access onto Boyerfrom extended Sixth Avenue:Commissioner Fragoso: NoCommissioner Qualls: NoCommissioner Huisman: NoCommissioner Rognstad NoPage 9 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Commissioner Hyde-Bordenave: NoThe Commission agreed unanimously the applicant does not need to provideemergency access from Lot 9 onto Boyer.Chairman Herrera inquired if the applicant should dedicate a road for two-way trafficonto Boyer Avenue from Lot 9:The Commission unanimously agreed the applicant not be required to dedicate aroad through Lot 9 for two way traffic.Chairman Herrera inquired if the applicant should provide a 10 foot bike path to beplatted along the north and east side property line?Commissioner Huisman inquired if this would be in addition to the bike path expectedwith the development of Sixth Avenue. Chairman Herrera stated potentially because theapplicant can ask for Vacations based on development. Chairman Herrera reminded theCommission the applicant has already assented to providing a temporary path over thesewer and future road dedication.Commissioner Hyde-Bordenave: YesCommissioner Huisman: YesCommissioner Rognstad: YesCommissioner Qualls: YesCommissioner Fragoso: YesChairman Herrera: YesGrimm suggested the Commission allow for some flexibility and allow the dedication ofthe bike path to be determined by final plat.Commissioner Fragoso stated from a pedestrian traffic flow standpoint, if the Dover Pathgets to connect to the back side of the property through the north and east, a person is outof traffic flow and it is more of a recreational path. She stated the temporary path andfuture bike path along the future Sixth Street is more for getting to whatever businessesmay develop. They are two different uses and both are valid for continuity.Commissioner Rognstad stated the applicant has already agreed to dedicate a 10 foot bikepath along the perimeter and will already have to provide a full dedicate street within thedevelopment with sidewalks and the Commission is just saying that one side will bemulti-model. Commissioner Rognstad stated there is nothing being added theCommission is just simply agreeing with the applicant.The Commission unanimously agreed to require a platted dedicated 10 foot widebike path along the property perimeter to the north and east.Chairman Herrera inquired if the Commission should require the widening of BoyerAvenue on the development of 3 of the 4 Lots fronting Boyer Avenue.The Commission unanimously agreed.Van Dyk stated he is fine with the concept but not sure how in reality that would happen.He stated thinking it through there would probably have to be Development AgreementsPage 10 of 15 Sandpoint Planning Commission Minutes January 3, 2012

with each developer of those lots until the 3 one triggers the Boyer Avenueimprovements.Commissioner Hyde suggested leaving Lot 6 as stand alone and require when two of Lots7,8 and 9 are developed to trigger those improvements.The Commission unanimously agreed to have the improvements of Boyer Avenuetriggered for Lot 6 upon development of Lot 6 and trigger improvements for BoyerAvenue along Lots 7,8 and 9 when two of those Lots are developed.Chairman Herrera inquired if the Commission should require a 25 foot buffer along theEast side of Lots 7, 8, and 9.Commissioner Qualls stated he is comfortable with the Zoning Code which allows civicspaces upon development. Commissioner Qualls stated he is comfortable with the waycondition 18 is written.Grimm stated the Zoning also requires parking not be between primary building andstreet. He stated if Lot 7 wants to call Sixth Avenue the primary façade, there is nothingto stop Lot 8 from making Boyer the primary façade and getting a mismatch ofstreetscape.Commissioner Huisman agreed it would be desirable and pedestrian friendly to have allthe storefronts facing the same street.Chairman Herrera inquired if the Commission can stipulate that Boyer Avenue is theprimary frontage for Lots 7, 8 and 9. Grimm stated the Commission can condition theprimary frontage.The Commission discussed design and atheistic issues dealing with residential on bothsides of the Lots 7, 8, and 9.Grimm stated if the Commission stipulates Boyer Avenue as the primary frontage forthose three lots, both sides should be protected by virtue of the parking lot landscapingbuffer and the uniform streetscape along Boyer Avenue.Commissioner Fragoso stated her concern is that Sixth Avenue will become the morepopulated area if the commercial lots develop as hoped.Commissioner Qualls stated he is concerned with how the double frontage lots will meetthe design standards for the commercial code. Grimm stated the code does notcontemplate double frontage lots.Chairman Herrera inquired if the Commission should require a condition whichdesignates North Boyer Avenue as the primary frontage for Lots 7,8 and 9.The Commission unanimously agreed to condition North Boyer as primary frontagefor Lots 7, 8, and 9.Page 11 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Chairman Herrera inquired if the Commission should require platting and dedication ofSixth Avenue from Larch to Chestnut.Commissioner Fragoso inquired if Super1 allows the road to proceed on its property, thenhow does that impact the dedication. Grimm stated the cooperation will not impact alarge portion of the street and the street will probably never be straight.The Commission unanimously agreed Sixth Avenue should be platted and dedicatedfrom Larch to Chestnut as a complete street.Grimm suggested the Commission make a condition the applicant work with adjacentproperty owners and the Public Works Department prior to final plat to work on analternative arrangement for entrance onto Larch.The Commission unanimously agreed to condition the applicant work with theadjacent property owners and the Public Works Department prior to final plat towork on an alternative arrangement for entrance onto Larch.Chairman Herrera inquired if the Commission should condition Boyer Avenue as primaryfrontage for Lot 6.The Commission unanimously agreed the primary frontage for Lot 6 will be BoyerAvenue.Commissioner Fragoso inquired if Spruce Street will be constructed as a full street withstreet trees required. Grimm stated when the street is constructed, trees will be requiredas part of the streetscape.Grimm stated the Commission could strike condition 19 as the issue has been discussedand the streetscape code will require one tree for every 25 feet.The Commission agreed to unanimously strike condition #19.Commissioner Hyde-Bordenave stated the Commission has done a good job making surerequirements are met and the project adheres to the Comprehensive Plan and City code.She commended Whitewater for starting the ball rolling. Commissioner Hyde-Bordenavestated she feels the Commission has been fair to the developers and the City.Commissioner Rognstad agreed stating the subdivision is a great plan and efficient use ofland. Commissioner Rognstad stated the dedication towards multi model and alternativeplans of transportation are evident.Commissioner Huisman also commended Whitewater for bringing housing to the CA-5zone. Commissioner Huisman stated the Comprehensive Plan discourages thedevelopment of non through streets and thinks the Commission has done this by gettingthe dedication of Sixth Avenue on the plat.Commissioner Qualls thanked the applicants. He stated he is excited to see thedevelopment on Lot 10. Commissioner Qualls stated subdividing the lots is definitely inPage 12 of 15 Sandpoint Planning Commission Minutes January 3, 2012

line with the Comprehensive Plan and helps perpetuate the traditional style developmentincluding the planning for bike and pedestrian paths.Commissioner Fragoso and Chairman Herrera both thanked the applicants and stated theyfully support the proposal.Motion:Commissioner Rognstad moved and Commissioner Huisman second the PlanningCommission, after consideration of the criteria and relevant standards of Idaho Code andSandpoint City Code, make a recommendation to City Council to APPROVE the requestby Whitewater Creek and Renova Partners Group for preliminary Subdivisionapproval of approximately 26.2 acres into 10 Lots subject to the following conditions asagreed upon and listed below. The site is located at the northeast corner of Larch andBoyer and described as Lots 1-4 of Milltown Park Subdivision Replat, in Section 15,Township 57 North, Range 2 W.B.M. The property is zoned Commercial B.The reasons for this recommendation are:1. Staff has followed the notice procedures applicable to subdivisions in SandpointCity Code Title 9, Chapter 9.2. The application meets the subdivision and zoning requirements of City Code.3. The proposed development is in keeping with the goals and policies of the City’sComprehensive Plan.Subject to the following conditions:1. Four copies of infrastructure drawings (water, sewer, streets, storm) shall besubmitted for review along with applicable fees. When approved, one copy willbe forwarded to Department of Environmental Quality, one copy will be returnedto the owner and two copies will remain with the City. Digital drawings of thesubdivision and infrastructure, in AutoCad dwg format, and geo-referenced, shallbe provided to the city prior to acceptance of any infrastructure.2. New mains to serve the newly-created lots shall be designed and installed whenthe lots are developed and before road improvements are completed. Payment ofapplicable fees for tapping, main extensions, and meter sets will be required at thetime these services are needed. Stamped engineered drawings for the watersystem will be required. A looped system will be required.3. The City has installed a manhole on the north side of Larch St, just east of Lot 1which is deep enough to accommodate flows from the Milltown subdivision.Upon payment of applicable fees and approval of engineered main extensiondrawings, service will be provided to the property.4. A stormwater management plan is required. Stamped drawings from an Idaholicensed professional engineer will be required. Calculations shall be included.Page 13 of 15 Sandpoint Planning Commission Minutes January 3, 2012

A construction stormwater management plan shall be included and followedduring construction activities. Special attention should be given to the City ofSandpoint Stormwater Ordinance, as the requirements have changed.5. Standard frontage improvements will be required. Boyer Avenue is slated to bewidened and the future right of way width of Boyer will be 70 feet. No furtherright-of-way will be required if the existing right-of-way width is currently 65feet. The entire frontage of Boyer Avenue shall be widened to match the crosssectionin place adjacent to Lot 1 (Super 1 Foods). Six foot wide sidewalks shallbe placed along the edge of this new right of way. New curb and gutter shall beinstalled. The road shall be re-striped to match the new cross section.6. All new rights-of-way within the subdivision shall be constructed in accordancewith City of Sandpoint standards, including curb and gutter and sidewalk.7. Street signage and striping shall be provided and installed by the developer.8. A survey street monument, in a monument case shall be provided at a intersectionwithin the development. The monument shall meet the requirements of the Cityand be geo-referenced.9. a 10-foot wide bikepath between Larch Street and Boyer Avenue (north ofChestnut) is to be dedicated and constructed through the subdivision.10. A traffic impact analysis is not required for this subdivision, but may be requiredfor individual developments within the plat11. All street cuts shall be backfilled and patched according to city standards.12. Any parking lot lighting installed within the subdivision shall meet therequirements of the City’s lighting ordinance. All lighting shall be directeddownward and is required to be high pressure sodium instead of metal halide.LED lighting will be considered.13. Most fees will be assessed during individual site plan review. Any fees for utilitymain extensions will be assessed during the subdivision stage.14. A looped water/hydrant system shall be installed, with hydrants spacing to be nogreater then 500 feet apart.15. Additional International Fire Code requirements will be addressed during thepermit process.16. Addressing for each dwelling constructed within the development shall complywith City Code and shall be posted to be visible from the street by Public Safetyagencies.17. All units must meet minimum off-street parking requirements.Page 14 of 15 Sandpoint Planning Commission Minutes January 3, 2012

18. Lot 1 and Lots 6 through 9 are allowed as double frontage lots to provide a moreintegrated street plan. Boyer Avenue will be considered the primary frontage forLots 6, 7, 8 and 9.19. A dedicated 10 foot wide bike path will be platted along the property perimeterstarting at the north end of Lot 9 at Boyer Avenue and following the RR trackscontinuing to the south end of the property at Larch Street.20. The street and widening improvements for Boyer Avenue will be triggered for Lot6 upon development of Lot 6 and along Lots 7,8 and 9 when two of Lots 7,8 or 9are developed.21. “Sixth Avenue” shall be platted and dedicated from Larch Street to ChestnutStreet as a complete street along with all other right of ways as shown on thepreliminary plat.22. The applicant will work with the adjacent property owners and the Public WorksDepartment prior to final plat to work on an alternative arrangement for entranceonto Larch.Motion passes unanimously.MATTERS FROM THE COMMISSION/STAFF:ADJOURNMENT:The meeting adjourned at 9:15 p.m.__/s/__________________Chairman HerreraPage 15 of 15 Sandpoint Planning Commission Minutes January 3, 2012

Joan BrambleeATTACHMENT 7From: Barry & Cheryl Landsberg [lostn50s@q.com]Sent: Tuesday, January 31, 2012 2:39 PMTo: Joan BrambleeSubject: S11-02 Miltown Park Public HearingDearSirs:RegardingCityCouncilNoticeofPublicHearing,S1102MilltownParkWedonotsupportthisproject.Itisaverydenseprojectforthisareaanddoesnotfitinwiththehomesinthisareaandshouldnotbesoclosetothewaterareanearby.This50unitlowincomesubdivisionwillcausemultipletrafficjamsontheroadsinthearea.Itwillalsobringdownhomepricesinthisareathatarealreadysufferingbecauseofthedowneconomy.Barry&CherylLandsberg(Re:701Hickory)Oldaddress:6SpurRd.,Placitas,NM87043Newaddress:10110N.BighornButteDr.,OroValley,AZ85737Email:Lostn50s@q.com2/8/2012

lU\ /11./\ 1 LI(gUUI/UUl'I P(v ­I.U'.:>oUCITY COUNCILNQTlC~OF_!'TdBl::!G_!!~AR!l'l~_Notice is hereby given that the Sandpoint City Council will hold a public hearing at their meeting onWedne,d,,:. February 15. 2012. at 5:30 p.m. in the council chambers at City Hal1. 1123 Lake Street, Sandpoint,Idaho~ to con~1d.:r Ihe foHo\\-ing: _. .. _. "--- 'AU ~S11-02 (Milltown Park)-- A request by Whitewater Creek an eI\'\U~ers Group for preliminarySubdivision approval ofapproximately 26.2 acres into 10 Lots. The §Wrls.jCW8i~t th northeast corner ofLarch and Boyer and described as Lots 1-4 ofMilltown Park S div\srd?t Replat, in_Sec 'on 15, Township57 North, Range 2 W.RM. The property is zoned Commercial . The P\iUlningGo -.. i sionrecommended approval with conditions. 5a("lo(>0' .A copy of the complete file for the above is available for review at the Sandpoint Planning Department. Anywritten testimony ofmore than one page to be considered at this meeting must be delivered to thePlanning staff before February 9 at 5:00 p.m. Any person needing special accommodations to participate inthe above noticed meeting should contact the City ofSandpoint seven days prior to the meeting at City Hall,1123 Lake Street, Sandpoint (263-3370).'? - '2..-'C. 8 Please detach before mailing and save (his portion/ar a reminder o/the meeting "-_\----~~~----------------------------~--~----'-----·----1IIII;.~.,('. '. ,\\{!IL_.' .~...,.;.. N.· -.-