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STAFF REPORT ".11'Y OF Cafe DIgN
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HEARING DATE: March 2, 2010
TO: Mayor and City Council E IDIAN^ '
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: MDA-10-003 -Julius M. Kleiner Memorial Park
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, Steve Siddoway, Meridian Parks & Recreation Director, has submitted an application
requesting certain modifications to the Development Agreement for the Julius M. Kleiner Memorial
Park, approved with the annexation of the property (see Section VIII for more information).
II. SUMMARY RECOMMENDATION
Staff recommends approval of the changes to the development agreement as detailed in Exhibit A.2.
III. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
10-003, as presented in Staff Report for the hearing date of March 2, 2010, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a
Development Agreement for this site that reflects the changes noted in Exhibit A.2.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-10-
003, as presented during the hearing on March 2, 2010. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-10-003 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located off the northeast corner of E. Fairview Avenue and N. Eagle
Road, in the southwest '/a of Section 4, Township 3 North, Range 1 East.
B. Owner:
Julius M. Kleiner Memorial Park Trust (Trust)
217 W. Georgia Avenue, Suite 100
Nampa, ID 83686
C. Applicant:
Steve Siddoway, Meridian Parks & Recreation Department
33 E. Broadway Avenue
Meridian, ID 83642
Julius M Kleiner Memorial Park MDA
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D. Representative:
Kristen Levandusky, Parametrix
7761 W. Riverside Drive, Suite 201
Boise, ID 83714
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: February 8, and 22, 2010
C. Radius notices mailed to properties within 300 feet on: February 4, 2010
D. Applicant posted notice on site by: February 18, 2010
VI. LAND USE
A. Existing Land Use(s): This site consists of vacant undeveloped land.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential homes in Redfeather Estates Subdivision, zoned R-4
2. East: Single-family residential homes in Clover Meadows Subdivision, zoned R1; and
Venture Subdivision, zoned RUT in Ada County
3. South: Vacant land, zoned C-G
4. West: Vacant land, zoned C-G
C. History of Previous Actions:
On January 8, 2008, the subject property was granted annexation and zoning (AZ-07-012)
approval with a C-G zoning district. A Development Agreement (DA) was required as a
provision of annexation; however, the agreement has not been signed, approved by City Council,
or recorded. For this reason, the property has not yet been officially annexed and is still zoned
RUT and R6 in Ada County. The agreement has since gone through negotiations by each party's
attorneys, edits have been made, and changes are proposed to the agreement.
D. Utilities:
1. Public Works:
a. Location of sewer and water: The Representative is working with Public Works staff to
identify and design sewer and water infrastructure to support the development of the
park.
b. Issues or concerns: No Concerns
E. Physical Features:
1. Canals/Ditches Irrigation: The South Slough runs across the northeast corner of this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
VII. AGENCY COMMENTS MEETING
No comments were received by the Planning Department from other City departments for the subject
Julius M Kleiner Memorial Park MDA
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application. Please see the public record for the MDA file for any written comments that may have
been submitted by other agencies.
VIII. STAFF ANALYSIS
The provisions for development of the subject 60 acre park, planned to be developed by the Trust and
donated to the City for use as a memorial City park, were contained in the text of the original
Development Agreement (DA). The agreement was never officially signed or approved by Council
and has since gone through negotiations by each party's attorneys. Based on these negotiations, the
following modifications (and staffs analysis thereof in italics) are requested to the agreement: (See
Exhibit A.2 for exact text of DA provisions and proposed modi_fications.) (Applicant's proposed
changes in strike-out/bold/underline format)
• Item #4.c -The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at
connect to ~-R
the north property boundary shall'' ~' a a ~ '°''~~" "'`° u=~ "" °'"°°` "
a park trail or pathway
for pedestrians only No vehicular access or turnaround will be constructed. At no time
shall construction traffic associated with the development of this site be allowed to access this
site through Tweedbrook Avenue in Redfeather Estates Subdivision.
Staff is supportive of a pathway connection from Tweedbrook into the park but believes use of
the pathway should be allowed for any type ofnon-motorized use in order to serve all types of
recreationists, notjust pedestrians. Bollards could be installed at the entrance to the pathway
from the stub street to prevent vehicles from using the pathway.
Staff is of the opinion that requiring Tweedbrook to be extended from the north and connect
to a public street is not feasible with development of the park site as it would segregate the
property and create a higher volume of traffic within the park area. Additionally, because
Tweedbrook stubs to the south boundary of Redfeather Estates Subdivision 115' to the south
of Tahiti Drive, an emergency turnaround is not required by the Fire Deparbnent because it
does not exceed ISO'. Therefore, staff is supportive of not requiring a cul-de-sac for a
turnaround in this location.
Note: A letter from ACHD, dated February 24, 2010, in regard to this matter has been
submitted to the City and has been included in the public record for this application.
• Item #4.d - A section of unopened right-of-way exists that abuts the site at the east
boundary of the park and the west boundary of Clover Meadows Subdivision where Green
Meadow & Meadow Wood streets terminate. '+'~ ,~a~+~ ' ''' ~ "'"" °''""''° " i'~ „
r"
Hammerheads or cul-de-sacs shall be constructed on the west end of both streets side for
turnarounds. ~~l}e~~s , •'~ `*~ r `' ~br.. r .. °y ;~ ""'~, `~''"'" ''°
~aEatec~-
Staff is supportive o/~a turnaround being constructed at the terminus of Green Meadow and
Meadow Wood Streets instead of additional right-of--way being provided for the construction
of a street linking the two streets together. A hammerhead turnaround for each of tl2ese
streets is shown on the site plan included in Exhibit A.3 that is agreeable to staff & the Fire
Department, provided the turnarounds comply with the dimensional standards and turning
radius requirements of the International Fire Code. Because there is not adequate right-of-
way at the end of Green Meadow, additional right-of=way will need to be provided on the
subject property for a turnaround. It appears adequate right-of--way exists for a turnaround
at the end of Meadow Wood.
Because there is not existing right-of--way on the subject property that needs to be vacated,
Julius M Kleiner Memorial Park MDA
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staff is not requiring the applicant to vacate land that is not theirs in the adjacent Clover
Meadows Subdivision.
Staff recommends that a 10' multi-use pathway connection be provided into the park, from the
terminus of Green Meadow Drive connecting to the City's multi-use pathway system within
the park along the South Slough. Additionally, staff recommends a pathway connection to the
pathway system within the park be provided at the terminus of Meadow Wood Drive. These
pathways will provide recreational connections between the park and the adjacent residential
neighborhood. Bollards could be installed at the entrance to the pathways from the stub
streets to prevent vehicles_froni using the pathway.
Note: When this property was annexed in 2008, ACHD provided comments pertaining to
Greenwood & Meadow Wood Drives that stated, "The applicant will be required to provide
cul-de-sac turnarounds for these roadways or construct a local street connection within the
unopened right-of--way between these streets. The District was not supportive of tying these
rural residential streets into the proposed commercial development (park property). The
District is supportive ofproviding the existing residences access to the proposed park. "
A letter from ACHD, dated February 24, 2010, in regard to this matter has been submitted to
the City and has been included in the public record for this application.
• Item #4.k -The irrigation ditch(es), including the Stokesberry Lateral and the Finch
Lateral/South Slough along the north side of the property shall be tiled from the east
end of the property to the west.
The UDC (11-3A-6) requires natural waterways intersecting, crossing, or lying within the
area being developed to remain as a natural amenity and not be piped or otherwise covered.
If irrigation ditches, laterals, canals, and drains are used as a water amenity or linear open
space they may be left open; all other waterways are required to be piped or otherwise
covered.
There has been some confusion as to whether or not the portion of the South Slough on the
subject site is considered a natural waterway. Initially, the applicant wanted to leave the
waterway open as an amenity, but the Nampa Meridian Irrigation District would require
,fencing along both sides of the waterways. Both the applicant and staff believe this would be
detrimental to the park design and. function. Therefore, they would like to the the waterway.
Because of the uncertainty of the waterway classification, and because the applicant does not
wish to leave the waterway open and improve it as a water amenity because of NMID's
fencing requirements, the applicant is requesting City Council approve the inclusion of a DA
provision allowing the waterways to be tiled across the subject property.
In summary, staff supports the changes to the development agreement as proposed by the
applicant along with those recommended by staff, as detailed in Exhibit A.2.
IX. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map -Property Subject to Development Agreement
2. Proposed Changes to Development Agreement
3. Proposed Draft Master Plan (dated 1/13/10)
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Exhibit A.l -Vicinity/Zoning Map -Property Subject to Development Agreement
Julius M Kleiner Memorial Park MDA
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Exhibit A.2 -Proposed Changes to Development Agreement
Applicant's proposed changes are noted in black strike-out/bold/underline format; staff's recommended
changes are noted in red strike-out/bold/underline format.
Section 4 (page 4)
c. The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north
property boundary shall ~° °°*°~a°a ~ *~' '* a connect to u Y;:blio ,tree* ^ ~~~~~^ ^~~~
{.~
`'° " "''"" ''° `' `'' ~` ` ~' a park trail or pathway for p~edestt~iuns
non-motorised use only. No vehicular access or turnaround will be constructed At no time
shall construction traffic associated with the development of this site be allowed to access this site
through Tweedbrook Avenue in Redfeather Estates Subdivision.
d. A section of unopened right-of--way exists that abuts the site at the east boundary of the park and
the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood
streets terminate. ~~+~°~ ^aa~*~^~ ~ ~* ^+' ~-- ~ >> +- 'a a F *,, _ r
tee-thes ~*~°°*~ *~ ~ a Hammerheads or cul-de-sacs shall be
constructed on the west end of both streets s3-te for turnarounds. ln-ei-then ease, *'~° -°m~~~~~
~~~n~t~ed-r-igi~t- e€-~~v"~;-rf-sb~-~t~- A park trail or path~tiay for non-
motorized use only shall be provided at the terminus of Green Meadow Drive & Meadow
Wood Drive and provide a connection to the pathway system within the park
k. The irrigation ditch(es), including the Stokesberry Lateral and the Finch Lateral/South
Slough along the north side of the property shall be tiled from the east end of the property
to the west.
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Exhibit A.3 -Proposed Draft Master Plan (dated 1 /13/10)
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