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ACHD Final Staff Report 061510  1 Kleiner Park MCZC-10-012 Right-of-Way & Development Department Planning Review Division Committed to Service Project/File: Julius Kleiner Park/MCZC-10-018 – Certificate of Zoning Compliance application for the proposed Julius Kleiner Park in the City of Meridian. At full build-out the 60-acre park site will also include a library, senior center, picnic shelters and recreational complex. Lead Agency: City of Meridian Site address: North and east of Fairview Avenue/Eagle Road (SH-55) Commission Hearing: April 28, 2010 @ 6:00PM continued to May 26, 2010 @ 6:00PM continued to June 2, 2010 @ Noon continued to June 9, 2010 @ Noon - Approved Applicant: City of Meridian – Parks & Recreation 33 E. Broadway Avenue Meridian, ID 83642 Owner: Kleiner Memorial Park Trust 217 W. Georgia Avenue, Suite 100 Nampa, ID 83686 Representative: Parametrix 7761 W. Riverside Drive Suite #201 Garden City, ID 83714 Staff Contact: Christy Little Phone: 387-6144 E-mail: clittle@achdidaho.org Application Information: Acreage: 60 Current Zoning: RUT (Rural Urban Transition) Current Use: Agriculture 2 Kleiner Park MCZC-10-018 Timeline of Commission Action for Kleiner Park (2010) Kleiner Park – Consent Agenda – Final Action June 9 th @ Noon On June 2, 2010, the ACHD Commission received a request from CenterCal to defer action on Kleiner Park for one week to provide them with an opportunity to review the site specific condition related to the future construction of Records Avenue. ACHD drafted language, which was subsequently modified and approved by CenterCal for inclusion into the staff report. The Park application was approved on the consent agenda on June 9 th with the addition of the language below. Records Avenue Construction At the request of the City of Meridian, staff is recommending a modification to ACHD policy by waiving the requirement that Records Avenue be partially constructed with the development of the Park Project. The City opposed the language in the original draft Staff Report that required the City to guarantee the construction of Records Avenue adjacent to the Park site in the future (Attachment #4). Specifically, the City objected to the expenditure of any taxpayer dollars for the development of Records Avenue. Originally staff recommended the following: Prior to acceptance of the Park development plans, the City of Meridian should enter into a written agreement with ACHD regarding the future construction of Records Avenue north of the Park entrance. In lieu of providing a financial surety, the City should ensure that the segment of Records Avenue north of the proposed Park Lane, will be built by others; or, that the City should construct the road at such time that Allys Avenue is extended from its current terminus to the north property line of the Park, or River Valley Drive is extended to the site from SH-55 (Eagle Road), whichever comes first. The City of Meridian opposed that condition and has proposed the following: “The City of Meridian shall require completion of Records Avenue north of the park entrance, built to ACHD standards (with the understanding that it is not at taxpayer expense) as per the existing Development Agreement on the CenterCal property.” (ACHD note: The existing Development Agreement is between the City and CenterCal and does not specifically require the construction of the full street section for Records Avenue north of the park entrance as indicated by the City representatives.) To ensure that the future construction of Records Avenue is not at ACHD expense, or at taxpayer expense as requested by the City of Meridian, the City of Meridian, as the applicant for the park application may ensure the future construction of Records Avenue north of the park entrance by one of the following alternatives: 3 Kleiner Park MCZC-10-018 1. The Kleiner Park Trust shall provide the financial surety or construct the road per ACHD policy in lieu of the City commitment required above. OR 2. The City of Meridian shall amend the Development Agreement with CenterCal to require: (1) CenterCal to develop the full road section, curb, gutter on both sides, and the sidewalk on the west side only, of Records Avenue north of the park entrance; (2) the consent of ACHD before the Development Agreement could be modified to alter or eliminate the above term until such construction is complete; (3) a memorandum of the amendment or the amendment to be recorded in accordance with Section 10 of the Agreement; and (4) that the timing or phasing of the development of Records Avenue occur in accordance with ACHD Policy (that is, CenterCal shall be required to build the north section of Records Avenue when the parcel adjacent to Records Avenue is developed or, when it is warranted based on traffic generated by the phase of development being proposed). Neither this ACHD condition nor the Development Agreement modifications are intended to have any impact on any private agreements regarding cost-sharing or reimbursement for the construction of Records Avenue. Kleiner Park – Consent Agenda – Deferred for One Week June 2nd @ Noon On May 26, 2010, the ACHD Commission heard testimony regarding the construction of Records Avenue adjacent to the site. The City opposed the requirement to construct or provide a financial surety and indicated that CenterCal would build the road, in accordance with their Development Agreement with Meridian. All other issues were resolved and the item was deferred for one week to June 2 nd . Kleiner Park – Regular Agenda – Deferred for One Week May 26th @ 6PM On April 28, 2010, the ACHD Commission heard testimony regarding the proposed Kleiner Park in the City of Meridian. The application was continued to a future date to allow the applicant, adjacent property owners and the City time to work out issues related to the proposed Records Avenue and Park Lane. Parametrix sent a letter on May 17, 2010, representing the Kleiner Park applicant, requesting a hearing date of May 26 th . (Letter is included as Attachment #1.) 4 Kleiner Park MCZC-10-018 Stub Streets/Emergency Access from Park At the April meeting the Commission heard testimony from residents in the surrounding subdivisions regarding the issue of connectivity and emergency access. At the conclusion of the meeting, the Commission provided direction to staff indicating that the public streets should not be extended, but that emergency access should be provided from the Park to the three stub streets – Tweedbrook Avenue (Redfeather Estates), Green Meadow Drive and Meadow Wood Drive (both Clover Meadows Subdivision). The staff report has been revised to require emergency access from the Park to Green Meadow Drive and Meadow Wood Drive only. There is sufficient emergency access and connectivity within the Redfeather Estates Subdivision. If the road is not required to be extended, then staff does not recommend requiring an emergency access to the north. Due to the configuration of the streets, and lack of connectivity within Clover Meadows Subdivision, staff recommends, per the Commission direction, that emergency access be provided from the Park to both Green Meadow Drive and Meadow Wood Drive. Site Specific Condition #12 has been modified to reflect this. The applicant has requested that only one emergency access connection be required. Records Avenue/Park Lane Right-of-Way Dedication The applicant has worked with the two adjacent property owners, CenterCal and Kleiner Family Trust regarding the dedication of right-of-way. The details of the agreements are not yet finalized, and ACHD is not a party to the agreements. The Site Specific conditions related to the dedication of right-of-way did not require modification. CenterCal has provided a letter indicating their agreement in concept (Attachment #2). David Kleiner, representing the Kleiner Family Trust, has submitted a letter indicating willingness to dedicate right-of-way if ACHD deeds certain access points to the site on Fairview Avenue, Records Avenue, Park Lane and Venture Street (Attachment #3). The letter states that “The City of Meridian and ACHD have requested that the Kleiner Family Trust dedicate right-of-way for construction of Records Road and Park Lane.” ACHD is not a party to this right-of-way dedication and it is up to the Applicant to acquire ample right-of-way to construct road improvements necessary to serve the Park. Further, ACHD does not deed access points. Access is determined when ACHD receives a development application from the lead land use agency, and is based on not only location, but also what type of access is needed to serve the site. The Kleiner Family Trust does not have an active development application and therefore ACHD will not comment on access to that site. Records Avenue Construction Staff is recommending a modification of policy by not requiring the road to be partially constructed with the Park. The City is opposed to the language that was in the original draft report regarding a guarantee that Records Avenue adjacent to the site will be constructed in the future (Attachment #4). The City has worked with ACHD to modify the requirement. To address the City’s concern regarding the use of taxpayer dollars to construct a public street, staff recommends that Site Specific Condition #9 be modified to: 5 Kleiner Park MCZC-10-018 Prior to plans acceptance, the City of Meridian shall enter into a written agreement with ACHD regarding the future construction of Records Avenue north of the Park entrance. In lieu of providing a financial surety, the City shall ensure that the segment of Records Avenue north of the proposed Park Lane, will be build by others; or, that the City shall construct the road at such time that Allys Avenue is extended from its current terminus to the north property line of the Park, or River Valley Drive is extended to the site from SH-55 (Eagle Road), whichever comes first. The City of Meridian has proposed the following: “The City of Meridian shall require completion of Records Avenue north of the park entrance, built to ACHD standards (with the understanding that it is not at taxpayer expense) as per the existing Development Agreement on the CenterCal property.” (ACHD note: The “agreement” is between the City and CenterCal.) ACHD is not a party to the Development Agreement between the City and CenterCal, and does not have enforcement ability to ensure construction of Records Avenue by CenterCal. Therefore, to ensure that the future construction of Records Avenue is not at tax payer expense, it would also be acceptable for the Kleiner Park Trust to provide the financial surety or to construct the road per ACHD policy in lieu of the City commitment required above. The Kleiner Park Trust has stated their willingness to provide the financial surety or construct Records Avenue north of the Park entrance. Other, less significant modifications to the staff report include: 1. Clarified the classification of Park Lane as a local/commercial, not a collector as previously noted. 2. Provided options for the off-site sidewalk/pedestrian facility on Records Avenue south of the Park. (East vs. west side of the road and concrete vs. asphalt.) #### Executive Summary City of Meridian Parks & Recreation is the applicant for a 60-acre park site being developed and donated to them by the Kleiner Memorial Park Trust. The park is located near the northeast corner of the Fairview Avenue/SH-55 intersection, immediately east of the proposed CenterCal property. From a transportation standpoint, the Park as proposed by the applicant does not extend and connect three roads that have been stubbed by previous development for extension and connectivity. The challenge before the ACHD Commission for this application is weighing the benefits of connectivity (reduced travel on busy arterial roads and intersections and improved emergency response time) with the concerns of the existing neighborhoods (the potential for increased traffic on older, narrower roads). 6 Kleiner Park MCZC-10-018 There is reluctance on the part of the applicant to do any significant revisions to the site plan. This application is also unusual in that as a Certificate of Zoning Compliance application, ACHD is only a recommending body to the City of Meridian, who is coincidentally also the applicant. As this is not a plat, and the City did not include a requirement to comply with ACHD conditions of approval, Meridian Parks & Recreation is not required to follow any recommendations of the ACHD Commission for this proposed Park. However, no work can move forward within the ACHD right-of-way without construction plans and permits being approved by ACHD. Another interesting issue is the dedication and construction of Records Avenue adjacent to the west side of the Park. Through a previous City of Meridian development agreement with CenterCal, the property owner to the west, the Records Avenue alignment was shifted westerly such that the majority of the road will be constructed on CenterCal property; and the entire road (excluding sidewalk along the Park) is to be built by CenterCal when they develop. The applicant is only proposing to construct a portion of Records Avenue from Fairview Avenue to the Park entrance near their south property line. ACHD must have assurances that the remainder of Records Avenue will be constructed when the adjacent western property develops, regardless of ownership. #### Attachments (located at end of report) 1. May 17, 2010 letter from Parametrix 2. May 14, 2010 letter from CenterCal 3. May 18, 2010 letter from David Kleiner 4. May 17, 2010 letter from City of Meridian 5. Request Letter for Waiver & Modification of Policy for Applicant 6. Public Hearing Notice for ACHD 7. Letter from ACHD Commission to City of Meridian 8. Letter from City of Meridian to ACHD requesting waiver of impact fees 9. Letter from Kleiner Memorial Park Trust requesting waiver of all ACHD fees 10. E-mail from Joe Silva (Meridian Fire) regarding emergency access 7 Kleiner Park MCZC-10-018 8 Kleiner Park MCZC-10-018 Vicinity Map showing Local Streets 9 Kleiner Park MCZC-10-018 10 Kleiner Park MCZC-10-018 PARK SITE PLAN - NORTHERN 11 Kleiner Park MCZC-10-018 PARK SITE PLAN – SOUTHERN PARK SITE PLAN – RECORDS AVENUE CONNECTION TO FAIRVIEW AVENUE 12 Kleiner Park MCZC-10-018 PARK SITE PLAN – SOUTHEASTERN/VENTURE STREET A. Findings for Consideration 1. Applicant/Ownership Information The property is currently owned by the Kleiner Memorial Park Trust, and the applicant for the Park is the City of Meridian Parks & Recreation. After the Park and associated infrastructure are put in place, the Kleiner Memorial Park Trust has proposed to donate the park to the City of Meridian at some future date. The City of Meridian would then own and operate the park. 2. Site History/Development Applications a. Annexation & Rezone Application – MAZ-07-012 On September 5, 2007, the City of Meridian transmitted an annexation and rezone application to ACHD for 258 acres to be annexed into the City and rezoned from RUT to C-2, for Meridian Town Center. The proposed park site property was included in that application. On September 28, 2007, ACHD transmitted preliminary staff comments to the City of Meridian regarding the annexation and rezone application. ACHD alerted the City that formal comments could not be provided to the 13 Kleiner Park MCZC-10-018 City until the applicant submitted an acceptable Traffic Impact Study (TIS). ACHD provided general comments about the entire site as well as comments regarding the construction of Records Drive, and the extension of the stub streets. On January 8, 2008, ACHD transmitted the same preliminary comments to the City of Meridian, prior to the City Council hearing. ACHD specifically requested in this letter that: o The City continue the application until a TIS had been submitted to ACHD and ITD with appropriate review time; and to determine the improvements necessary to mitigate the impacts of this development…” o If this application is not continued and is approved tonight, then the City should include conditions in the development agreement relative to the applicant being required to comply with ACHD and ITD conditions prior to receiving approval for any building permit, and a commitment that the City will not sign off of any occupancy cards without first receiving ACHD’s signature and sign-off. Because there is not a plat associated with the development at this time, individual buildings can be constructed on single parcels through the Certificate of Zoning process with the City. ACHD has plat signing authority, but is somewhat limited on CZC related authority. The City should include in the development agreement a requirement that all applications within this site are subject to ACHD requirements, regardless of the type of application (i.e. conditional use permit, certificate of zoning compliance). o Additional comments were included related to access and funding of improvements on Fairview Avenue and SH-55. b. Development Agreement The City staff included a draft development agreement (DA) in the January 8, 2008 staff report for annexation and rezone. According to the applicant, the DA was never officially signed by the owner or the City. ACHD is not typically included in the drafting or approval of these types of agreements. Requirements pertinent to ACHD in the original DA included: Item 4(c) - The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north property boundary shall be extended into this site and connect to a public street or a public cul-de-sac shall be constructed on the site for a turnaround. 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. 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 and Meadow Wood streets terminate. Either additional right-of-way shall be provided for 14 Kleiner Park MCZC-10-018 the construction of a street to link these two streets together or cul-de- sacs shall be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of-way, if any, shall be vacated. c. Park Master Plan On August 18, 2009, the Park owner and applicant made a presentation to the City Council regarding the Park Master Plan. The Master Plan did not go through the development application process, and a formal public hearing was not held. Although the City Council made a motion after the presentation to adopt the Park Master Plan, there were no conditions set forth, and it appeared to be more of a conceptual approval of the elements included in the Park. However, from the testimony provided at the March 2, 2010 hearing referenced below, it appears this approval of the Park Master Plan was the only official action by the City Council approving the Park Master Plan with no further opportunity for public input or testimony. d. Park Development Agreement – Modification – MDA10-003 On February 10, 2010, the City of Meridian transmitted an application for a public hearing for a modification to the Park DA to remove the requirement that public streets be extended into the site at the north and east property boundaries – items 4(c) and 4(d) noted above. The applicant for this application is listed as Meridian Parks & Recreation. On February 24, 2010, ACHD Commission President Sherry Huber sent a letter to Mayor Tammy DeWeerd requesting that the City Council defer action on the Modification to the DA to “avoid placing the applicant in the position of receiving conflicting requirements from the two agencies”. The letter also requested that if the City Council must take an action, then “ACHD requests that items 4(c) and 4(d) be approved as previously proposed, without the modifications.” On March 2, 2010, the City Council held a public hearing. Gary Inselman, Right-of-Way and Development Services Department Manager, testified on ACHD’s behalf and clarified that ACHD had not yet taken a formal action on the original annexation and rezone application from 2007. The City Council approved the modifications as requested by the applicant, the City of Meridian Parks and Recreation Department. The modification to the DA did NOT require the applicant to comply with ACHD requirements. The City of Meridian typically includes a requirement that applicants comply with ACHD requirements if there has not been a specific development application submitted (CUP, CZC, etc…). 15 Kleiner Park MCZC-10-018 o For example, the DA that was signed by CenterCal and the City of Meridian for the land west of the Park included the following: The applicant is required to comply with ACHD and ITD conditions prior to receiving approval for any building permit on the site. Further, the City will not sign off on any occupancy cards without first receiving ACHD’s signature and sign-off. All applications on this site are subject to ACHD’s project specific comments, regardless of the type of application (i.e. conditional use permit, certificate of zoning compliance, etc…). As stated in 2.a. above, the Park property and the CenterCal parcel were both included in the same annexation and zoning application MAZ-07-012. e. Park Certificate of Zoning Compliance – MCZC10-018 - current application On March 31, 2010, the City of Meridian transmitted an application for Certificate of Zoning Compliance (CZC) for the Park. The City issued their staff level approval on March 26, 2010. The applicant for this application is listed as Meridian Parks & Recreation. The City stated that this CZC is for the Park only, and future CZC applications will be required for the library, senior center, restrooms, etc… This CZC does not include approval of any buildings. On April 12, 2010, ACHD sent a notice of Public Hearing to property owners in the surrounding area. ACHD is aware that the neighborhood is concerned about the extension of existing stub streets. ACHD is a recommending body to the City of Meridian on this application. Typically, the City of Meridian requires CZC applicants to comply with ACHD requirements by specifically noting in their Conditions of Approval to “comply with ACHD requirements”. The City did not include that requirement for the Park in their action for the CZC. Relevant Conditions of Approval from the City include: o The applicant shall pay any applicable impact fees prior to the issuance of a building permit. ACHD staff comment – ACHD also assesses impact fees for parks, based on the acreage. Impact fees will also be assessed with the library, recreation center and senior center, but not other uses related to the Park, such as (but not limited to) restrooms, maintenance building and band shell. o If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan 16 Kleiner Park MCZC-10-018 to the City of Meridian Planning Department for approval prior to issuance of the building permit. o The approved site plan and landscape plan shall not be altered without prior written approval of the City of Meridian Planning Department. 3. Records Avenue – Collector Designation and Requirements a. On December 14, 2005, ACHD adopted a collector road network map (see below) for the undeveloped land located between Venture Drive and SH-55 (east to west) and between Ustick Road and Fairview Avenue (north to south). This included the connection of Allys Way, from Ustick Road to Records Avenue, intersecting Fairview Avenue; and also included River Valley Road, the east-west collector roadway from Records to SH-55. b. Records Avenue is also designated as a future collector on the Master Streets Map. The Map was adopted by ACHD in January 2010, as a part of the Transportation Land Use Integration Plan (TLIP). c. The intersection of Records Avenue and Fairview Avenue is signalized and provides access to the large commercial site located on the south side of Fairview Avenue. d. In the comments sent to the City of Meridian in 2007 and 2008 regarding the annexation and rezone of the 258 acres that included the Park site, the following was stated regarding Records Avenue. This roadway has been identified as a future collector roadway, and the District will require the developer to dedicate right-of-way and construct Records Avenue through the entire site, and work with the property owners to the north to connect to the recently constructed Allys Way, that intersects Ustick Road at a signalized intersection. The connection to Allys Way is critical to the vehicular circulation within this area. This roadway will provide a parallel and alternative route to Eagle Road, and will also provide residents in the area the opportunity to access retail and shopping without using the arterial or state highway system. The applicant does not control the property that will enable the connection of Allys Way to Records Avenue, but the connection should be a requirement of this development. ACHD, the City of Meridian, and the developer should work with adjacent property owners to achieve the necessary right-of-way dedication. e. In the DA with CenterCal (November 2008) the City required that the “Owner/Developer shall dedicate right-of-way and improve the extension of Records Road and E. River Valley Street in accordance with ACHD requirements at such time as Owner/Developer develops the portion of the project adjacent to each road, except that the Owner/Developer shall not be responsible for improving the extension of these roads or the utilities therein 17 Kleiner Park MCZC-10-018 if such improvements are accomplished by or through agreement with an adjacent landowner. No certificate of occupancy shall be issued until the road improvements are substantially completed and functional for that phase. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regard to constructing E. River Valley may be re-evaluated by the City Council. Additionally, Owner/Developer shall make such right-of-way available immediately (but without improvements) at any time the City and/or ACHD is willing to accept the right-of-way, such as if an adjacent property owner makes required improvements. Such right-of-way as required herein shall be conveyed by Owner/Developer in the form of a deed to either the City or such other jurisdictional agency upon the request of the City. No compensation shall be required from City or ACHD for such right-of-way unless permitted through the STARs legislation, Idaho Code 63-3641 as amended.” f. The Owner’s development agreement with the City did not require improvements to Records Avenue along the Park frontage. 18 Kleiner Park MCZC-10-018 19 Kleiner Park MCZC-10-018 20 Kleiner Park MCZC-10-018 4. Records Avenue – Off-Site Right-of-Way Dedication and Improvements The applicant does not currently have public street access to the site except from the three streets that are stubbed to the site (Tweedbrook Avenue, Green Meadow Drive, Meadow Wood Drive) and to Venture Street. The applicant is proposing to extend Records Avenue as a public street from Fairview Avenue up to the main entrance of the Park to provide access to the site. Based on the Traffic Impact Study submitted by Parametrix, the Owner’s consultant, the Park (with library and senior center) is expected to generate approximately 1,040 vehicle trips per day, with slightly higher trips expected on Saturdays. While there will be limited access to Venture Street, the majority of the site traffic will access the site at the Records/Fairview intersection. a. Applicant’s Proposal for Off-Site Right-of-Way Dedication and Improvements The applicant has stated that they are working with the two adjacent property owners to obtain the right-of-way south of the site to the signalized intersection at Fairview Avenue. The property owner to the east of the Records Avenue extension is Kleiner Family Trust; related to, but not affiliated with the Kleiner Memorial Park Trust, current owner of the Park property. The property owner to the west of the extension is CenterCal, the applicant for the original annexation and rezone in 2007. The details of the agreements are not yet finalized, and ACHD is not a party to the agreements. CenterCal has provided a letter indicating their agreement in concept (Attachment #2). David Kleiner, representing the Kleiner Family Trust, has submitted a letter indicating willingness to dedicate right-of-way if ACHD deeds certain access points to the site on Fairview Avenue, Records Avenue, Park Lane and Venture Street (Attachment #3). The letter states that “The City of Meridian and ACHD have requested that the Kleiner Family Trust dedicate right-of-way for construction of Records Road and Park Lane.” ACHD is not a party to this right-of-way dedication and it is up to the Applicant to acquire ample right-of-way to construct road improvements necessary to serve the Park. Further, ACHD does not deed access points. Access is determined when ACHD receives a development application from the lead land use agency, and is based on not only location, but also what type of access is needed to serve the site. The Kleiner Family Trust does not have an active development application and therefore ACHD will not comment on access to that site. 21 Kleiner Park MCZC-10-018 The applicant is proposing to partially construct Records Avenue from Fairview Avenue to Park Lane. The applicant is proposing to construct the southerly offsite segment of Records Avenue from Fairview Avenue to the north for approximately 350-feet, with 30-feet of pavement, 3-foot wide gravel shoulders and a barrow ditch on each side of the road, with a detached 6-foot wide sidewalk on the east side of the road. The applicant is proposing to construct the northerly offsite segment of Records Avenue from 350-feet north of Fairview Avenue to the proposed Park Lane (approximately 400-feet in length) with 26-feet of pavement with a 3-foot wide gravel should and barrow ditch on the west side of the road, and vertical curb and gutter on the east side. The applicant is also proposing a 10-foot wide landscape strip with a 5-foot wide detached concrete sidewalk on the east side. b. Staff Recommendation for Off-Site Right-of-Way Dedication and Improvements The applicant should be required to dedicate to ACHD the necessary right-of-way to extend Records Avenue to the Park, prior to issuance of Plans Acceptance and prior to issuance of any permits to work in the ACHD right-of-way or future right-of-way. The applicant should be required to provide ACHD with: the legal descriptions for the right-of-way; written approval from the property owners stating that they are willing to sign a Warranty Deed to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the Warranty Deeds for signature by the property owners and will then record the documents. Due to the high volumes of pedestrian and bicycle traffic that will be generated by this site, non-vehicular improvements should also be required to be constructed off-site for both northbound and southbound travel. Sidewalk or an asphalt pathway on one side of Records Avenue would be sufficient, but bike lanes are necessary on both sides of the road. From Fairview Avenue to the southerly property line of the Park (Park Lane), the applicant should be required to improve Records Avenue with a minimum of 30-feet of pavement to provide for two 11-foot travel lanes and two 4-foot wide bike lanes. On both sides of the road the applicant should install a 3-foot wide gravel shoulder with a barrow ditch; and should construct a pedestrian facility on one side of the road. The improvement will be temporary until such time that the adjacent property develops, at which time a concrete sidewalk will be required. 22 Kleiner Park MCZC-10-018 The applicant should be required to widen Records Avenue at the Fairview Avenue intersection to provide for 4-travel lanes plus bike lanes as shown in the mark-up below. The pedestrian ramps on the north side of the intersection may require modification, and the applicant will also be required to relocate/modify any signal equipment necessary for the widening. 5. Records Avenue – Right-of-Way Dedication and Improvements Adjacent to the Site a. Applicant’s Proposal for Right-of-Way Dedication and Improvements Adjacent to the Site/Request for Modification and Waiver of Policy The applicant has stated that they are working with the adjacent property owner (CenterCal) to obtain the right-of-way for the 23 Kleiner Park MCZC-10-018 extension of Records Avenue from Park Lane to the north property line of the site. The applicant is proposing to construct the main access to the site off of Records Avenue located approximately 250-feet north of the proposed Park Lane. The curb return driveway is proposed to be approximately 50-feet wide to accommodate two out-bound lanes, a center island and one in-bound lane. The applicant is proposing to construct a portion of Records Avenue adjacent to the site from the proposed Park Lane to the main access to the site, a 250-foot long segment. The applicant is not proposing to construct Records Avenue abutting the site, north of the proposed main access, but is proposing to dedicate 35-feet of right-of-way and construct a 5-foot wide detached concrete sidewalk. The landscape plan indicates that the applicant is proposing to plant street trees within a landscape strip that will be located between the sidewalk and future roadway. As proposed by the applicant, CenterCal will dedicate the additional right-of-way and construct Records Drive when that parcel develops. The applicant is proposing to construct a 30-foot wide curb return driveway for future access to Records Avenue, located approximately 400-feet south of the north property line. b. ACHD Policy for the Construction of Planned Streets In accordance with the 2005 ACHD action designating Records Avenue as a future collector, the applicant should be required to dedicate right-of-way and improve Records Avenue adjacent to the site. Records Avenue should be constructed as a 3-lane collector roadway, with a 46-foot street section to accommodate 3-travel lanes and on-street bike lanes, with vertical curb, gutter, and 7-foot wide attached or 5-foot wide detached concrete sidewalks, within 70-feet of right-of-way. The applicant is required to construct Records Avenue adjacent to the site as a one-half street section with a minimum of 24-feet of pavement, and curb, gutter and sidewalk on the east side and a 3- foot wide gravel shoulder with a barrow ditch on the west side. The applicant is required to dedicate the necessary right-of-way for the improvements. c. Staff Recommendation for Right-of-Way Dedication and Improvements Adjacent to the Site The applicant should be required to dedicate to ACHD the necessary right-of-way to extend Records Avenue adjacent to the 24 Kleiner Park MCZC-10-018 Park, prior to issuance of Plans Acceptance and prior to issuance of any permits to work in the ACHD right-of-way or future right-of- way. The applicant should provide ACHD with: the legal descriptions for the right-of-way; written approval from the property owner stating that they are willing to sign a Warranty Deed to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the Warranty Deeds for signature by the property owner and will then record the documents. The main access location and width are approved as proposed. The northerly driveway location and width are approved as proposed. If Records Avenue north of the main access is not constructed with this application, trees and landscaping should be prohibited within the 10-foot wide landscape strip between the sidewalk and future curb. Unless the landscape strip is delineated by curb and gutter on one side and sidewalk on the other, the trees would likely require removal when the road is constructed in the future. At the request of the City of Meridian, and direction provided by the ACHD Commission, staff is recommending a modification to ACHD policy by waiving the requirement that Records Avenue be partially constructed with the development of the Park Project. The City opposed the language in the original draft Staff Report that required the City to guarantee the construction of Records Avenue adjacent to the Park site in the future (Attachment #4). Specifically, the City objected to the expenditure of any taxpayer dollars for the development of Records Avenue. Originally staff recommended the following: Prior to acceptance of the Park development plans, the City of Meridian should enter into a written agreement with ACHD regarding the future construction of Records Avenue north of the Park entrance. In lieu of providing a financial surety, the City should ensure that the segment of Records Avenue north of the proposed Park Lane, will be built by others; or, that the City should construct the road at such time that Allys Avenue is extended from its current terminus to the north property line of the Park, or River Valley Drive is extended to the site from SH-55 (Eagle Road), whichever comes first. The City of Meridian opposed that condition and has proposed the following: “The City of Meridian shall require completion of Records Avenue north of the park entrance, built to ACHD standards (with the understanding that it is not at taxpayer expense) as per the existing Development Agreement on the CenterCal property.” (ACHD note: The existing Development Agreement is between the City and CenterCal and does not specifically require the construction of the full street section for Records Avenue north of the park entrance as indicated by the City representatives.) 25 Kleiner Park MCZC-10-018 To ensure that the future construction of Records Avenue is not at ACHD expense, or at taxpayer expense as requested by the City of Meridian, the City of Meridian, as the applicant for the park application may ensure the future construction of Records Avenue north of the park entrance by one of the following alternatives: 1. The Kleiner Park Trust shall provide the financial surety or construct the road per ACHD policy in lieu of the City commitment required above. OR 2. The City of Meridian shall amend the Development Agreement with CenterCal to require: (1) CenterCal to develop the full road section, curb, gutter on both sides, and the sidewalk on the west side only, of Records Avenue north of the park entrance; (2) the consent of ACHD before the Development Agreement could be modified to alter or eliminate the above term until such construction is complete; (3) a memorandum of the amendment or the amendment to be recorded in accordance with Section 10 of the Agreement; and (4) that the timing or phasing of the development of Records Avenue occur in accordance with ACHD Policy (that is, CenterCal shall be required to build the north section of Records Avenue when the parcel adjacent to Records Avenue is developed or, when it is warranted based on traffic generated by the phase of development being proposed). Neither this ACHD condition nor the Development Agreement modifications are intended to have any impact on any private agreements regarding cost-sharing or reimbursement for the construction of Records Avenue. 6. Extension of Stub Streets, Emergency Access and Turnarounds The applicant is not proposing to extend stub streets into the site, but is proposing to construct a hammer-head type turnaround at the terminus of Green Meadow Drive, located on the Park property, and at the terminus of Meadow Wood Drive located within the existing unopened ACHD right-of- way. No changes are proposed to the Tweedbrook Avenue stub street from the north, and no emergency access is provided to or through the Park to any of the streets. The applicant is proposing only pedestrian and bicycle access from the Park to the existing stub streets. The applicant has indicated in their May 17, 2010 letter that they are willing to construct one emergency access to connect to either Green Meadow Drive or Meadow Wood Drive. 26 Kleiner Park MCZC-10-018 a. Tweedbrook Avenue (Redfeather Estates Sub #6) In 2006 ACHD and the City of Meridian required the developer of Redfeather Estates Sub #6 to construct a stub street to the undeveloped parcel to the south – what is now the proposed Park. The developer was required to construct full street improvements for approximately 100’ from Tahiti Drive to the south property line for the future extension and connectivity of the local streets. Tweedbrook Avenue is constructed as a 36-foot street section with curb, gutter and sidewalk, consistent with the other street improvements within Redfeather Estates, and is gated at the Park property line. b. Other Redfeather Estates stub streets In 2006 ACHD required the developer of Redfeather Estates Sub #7 to construct Tahiti Drive as a stub street to the west property line. When Allys Avenue is extended south of its current terminus, through development, Tahiti Drive is planned to connect to that collector roadway. This connection will provide access to the future River Valley Street, to the signalized intersection of Allys Avenue/Ustick Road, to Records Avenue (and the adjacent land uses – Park and commercial/shopping center), and to the signalized intersection of Records Avenue/Fairview Avenue. Also as a requirement of Redfeather Estates Sub #7, ACHD required the connection of an existing stub street, Duane Drive, to the streets within the proposed subdivision. Ultimately it was decided by the Commission that the road would be gated at the 27 Kleiner Park MCZC-10-018 property line to allow emergency access only, and that the gate could be removed in the future. ACHD staff has been contacted by the City of Meridian recently with concerns regarding the potential delay in response time due to the locking mechanism and manual opening of the gate. c. Clover Meadows Drive and Sharon Drive/Clover Meadows Subdivision Clover Meadows Drive intersects Cloverdale Road at the east property line of the subdivision. Clover Meadows Drive is the only access to Cloverdale Meadows Subdivision #1, #2 and #3, and was platted in 1968. The roadway serves a total of 54 single family dwellings. The lots within the subdivision are approximately 1-acre in size and are zoned R-1 in Ada County. The parcels east of Sharon Drive are in Boise City’s Area of Impact and are designated as Low Density Residential (up to 4 dwelling units/acre) on the Future Land Use Map in the City’s Comprehensive Plan. The parcels west of Sharon Drive are in Meridian’s Area of Impact and are designated as Low Density Residential (up to 3 dwelling units/acre) on the Future Land Use Map in the City’s Comprehensive Plan. Clover Meadows Drive is improved with 23 to 24-feet of pavement, with no curb, gutter or sidewalk. On-street parking is allowed. Sharon Drive intersects Clover Meadows Drive and extends north south to Green Meadow Drive and Meadow Wood Drive. Sharon Drive is improved with 23 to 24-feet of pavement, with no curb, gutter or sidewalk. On-street parking is allowed d. Green Meadow Drive (Clover Meadows Sub #2) Green Meadow Drive was constructed as a stub street to the east property line of the Park parcel as part of Clover Meadows Subdivision #2 that platted in 1970. Green Meadow Drive is improved with 23 to 24-feet of pavement, with no curb, gutter or sidewalk. On-street parking is allowed. e. Meadow Wood Drive (Clover Meadows Sub #3) Meadow Wood Drive, the southerly stub street was constructed as a stub street to the east property line of the Park parcel as part of Clover Meadows Subdivision #3 that platted in 1971. Meadow Wood Drive is improved with 23 to 24-feet of pavement, with no curb, gutter or sidewalk. On-street parking is allowed. 28 Kleiner Park MCZC-10-018 f. ACHD Right-of-Way (Unopened/Unnamed – Clover Meadows Sub #2 and #3) There is an unopened 30-foot wide right-of-way located along the west property line of Clover Meadows Subdivision #2 and #3 (adjacent to the east property line of the Park). The right-of-way platted with the subdivision allows for the eventual continuation and extension of the streets to provide connectivity and secondary access for emergency services. Some of the adjacent property owners use the unopened right-of- way for storage of vehicles, and a small shed/storage structure has been constructed in the right-of-way. ACHD has been contacted by adjacent property owners inquiring about the process to vacate the right-of-way. g. Emergency Access Comments This area is served by both the Boise Fire Department and Meridian Fire Department. Joe Silva, Meridian Fire Department provided comments via e-mail to ACHD (see attached). The e-mail states that Meridian Fire is not requiring the extension of Green Meadow Drive or Meadow Wood Drive into the site because there are less than 50 homes that access Clover Meadows Drive and the subdivision is greater than 30 years old. o It should be noted that ACHD staff counted 54 existing homes, not 48 as referenced in Mr. Silva’s e-mail. The applicable section of the Meridian Fire Department amendments to the International Fire Code reads: o IFC section D107.1 One- Or Two-Family Dwelling Residential Developments shall be amended to read as follows: Developments of one- or two-family dwellings where the number of dwelling units exceeds fifty (50) shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of section D104.3. Exceptions:  1. Where there are more than 50 dwelling units on a single public or private apparatus access road and all dwelling units are equipped throughout with approved automatic sprinkler systems, in accordance with section 903.3.1.1, 903.3.1.2 or 903.3.1.3, access from two directions shall not be required.  2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future 29 Kleiner Park MCZC-10-018 development, as determined by the fire code official. (Ord. 08-1357, 4-22-2008, eff. 4-22-2008) Since the Clover Meadows Subdivision already exceeds the maximum number of homes allowed by the City of Meridian Fire Code on one access, it is uncertain as to whether the City of Meridian or the City of Boise would or could allow any additional building permits within the subdivision. The Boise Fire Department and Ada County Emergency Services have not yet provided comment (as of 4-19-10). Staff has requested their input on emergency access to the Clover Meadows Subdivision and particularly the proposed lack of secondary access. Clover Meadows Subdivision includes 54 single family residential homes and has one single point of access. Access to the subdivision is from Cloverdale Road via Clover Meadows Drive. The length of the streets exceed ½ mile in length as measured from Cloverdale Road to the west terminus of both Green Meadow Drive and Meadow Wood Drive. This subdivision does not meet current ACHD, City of Meridian or City of Boise standards for new developments with a single point of access. o Emergency access connection to this subdivision from the Park would improve the safety of the residents in the event there is an emergency and access to the subdivision through Clover Meadows Drive is obstructed for any reason, including an accident, parked cars on the narrow roadway or other eventuality. h. Benefits of Connectivity Reduces miles traveled on arterial roadways and eliminates the need to travel on high volume roads and through congested signalized intersections. o For example, without connectivity as shown on the Allys/Records map above, a resident on Meadow Wood Drive traveling to the commercial center at Ustick and Eagle will have to turn left on Cloverdale Road and travel for ½ mile, turn left on Ustick Road for ¾ mile to Allys Avenue. With (future) connectivity the resident could travel north and west through the adjacent neighborhood to Allys Avenue; or west through the Park to Records Avenue continuing on to Allys Avenue; and then north on Allys Avenue for approximately ½ mile. That is one of many examples. o Other commercial destinations include the Fairview/Eagle intersection where there is a shopping center at the southeast corner, and several restaurants and retail at the southwest corner. 30 Kleiner Park MCZC-10-018 o When CenterCal is constructed, approximately ¼ mile west of Clover Meadows Subdivision, residents on Meadow Wood will have to drive approximately 3 miles round trip on public streets to reach that commercial destination or the Park, the subject application. Air Quality impacts are lessened with a reduction in vehicle miles traveled. Emergency response time is significantly improved. Service Providers such as garbage, mail, school bus, etc… can save time and miles traveled. Adjacent neighborhoods and nearby amenities and services can be accessed without adding traffic to the arterial roadway network for neighborhood trips. i. ACHD Policy Right-of-way adjacent to a development is typically required to be improved or vacated. 7203.5.2 – Continuation of Streets – Existing Adjacent Development: An existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. 7205.2.1 – Non-Continuous Streets (Dead End Streets, Cul-de-sac Streets) – Local Streets – Cul-de-sacs: o …The maximum number of expected trips per day generated by those properties taking access from an individual cul-de-sac shall not exceed 400. o The District will consider alternative to the standard (circular) turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the agency providing emergency fire service for the area where the development is located. o T-type (hammer-head) turnarounds will be allowed at the ends of local streets where the site configuration or other demonstrated constraints exist to prevent the use of a typical circular turnaround. The minimum measurements of the T- type turnaround shall be sufficient to provide a minimum curb radius of 18-feet at any change of direction of the curb line. j. Staff Comments for Extension of Stub Streets a. Staff met with the applicant’s representative on several occasions, beginning in early 2009. These “pre-application” type meetings included discussion of the potential requirement to extend some/all of the roadways that are stubbed to the Park. 31 Kleiner Park MCZC-10-018 b. The City of Meridian, through the modification to the Park DA, has prohibited the extension of the stub streets into the site; however, the streets are under the jurisdiction of ACHD. c. Due to the size of the lots in Clover Meadows Subdivision, and the future land use classification Low Density Residential (3-4 dwelling units/acre), there is a potential for redevelopment in this area, similar to the zoning and lot sizes of adjacent properties. Decisions made with this application regarding stub streets and emergency access could severely limit and/or negatively impact the future ability to redevelop properties in this subdivision (similar to redevelopment of rural areas in Southwest Boise). d. Regardless of the Commission’s action to require or not require the extension of stub streets, all existing rights-of-way and street improvements should be left in place. It would be short-sighted to eliminate connections that may be necessary in the future, at a minimum for emergency access. e. The applicant has received approval from the Meridian Fire Department for the size of the hammer-head type turnarounds at the terminus of Green Meadow Drive and Meadow Wood Drive – a non-standard dimension. Because this area is also served by the Boise Fire Department, their approval is also required. f. Parking on the stub streets and in the turnarounds may become a problem if people accessing the Park drive to the property line of the site to park their vehicle in lieu of traveling on the arterial roadways. Tweedbrook Avenue was constructed to a width that includes parking lanes. However, as noted above Green Meadow Drive and Meadow Wood Drive have approximately 24-feet of pavement and parking is not currently restricted. k. Staff Recommendation for Extension of Stub Streets, Emergency Access and Unopened Right-of-Way a. At the Commission meeting on April 28, 2010, several homeowners in the area testified against the extension and connection of the stub streets. Although the Commission did not take a formal action on April 28 th , they provided general direction to staff regarding the issue of stub streets and emergency access. In general the Commissioners agree with the basis for the extension of stub streets, but did not find cause to require that with this application. The Commission was favorable to requiring emergency access from the Park to the three stub streets. Staff is recommending that the Park provide access to only two stub streets because the northerly stub, Tweedbrook, was constructed with a newer subdivision that has adequate emergency access. 32 Kleiner Park MCZC-10-018 b. Staff recommends a modification of policy to not improve the unopened right-of-way as a public street, and to not require the vacation of the right-of-way. c. The applicant should be required to construct the following improvements: a. Construct an emergency turnaround at the terminus of Meadow Wood Drive and construct emergency access from the Park to the turnaround b. Construct an emergency turnaround at the terminus of Green Meadow Drive and construct emergency access from the Park to the turnaround. c. Provide pedestrian/bicycle access only from the Park to Tweedbrook Avenue. l. Staff Recommendation for Turnarounds 1. If the ACHD Commission does not require the extension of Green Meadow Drive and/or Meadow Wood Drive, the applicant should be required to comply with ACHD Policy 2705.2.1 and provide written approval from the Boise Fire Department for the dimensions of the proposed hammer-head type turnarounds located at the terminus of Green Meadow Drive and Meadow Wood Drive. (The applicant has already obtained written approval from the Meridian Fire Department.) 2. If the ACHD Commission does not require the extension of Green Meadow Drive and/or Meadow Wood Drive, the applicant should be required to install NO PARKING signs in the turnarounds. The applicant may also be required to install additional signage on the stub streets in the future (including Tweedbrook Avenue) if the local streets become a nuisance parking area for the Park, associated uses, and future commercial development. 7. Park Lane (proposed street) a. Applicant’s Proposal The applicant is proposing to construct a new public street from Records Avenue to Venture Street adjacent to the southerly property line of the site. The purpose of this street is to: provide access to the Park, provide connectivity and signalized access to those residences off of Venture Street, and to provide local access to the undeveloped parcel to the south of this site. The applicant is proposing to construct Park Lane as one-half of a 2-lane road within 40-feet of right-of-way, with a 10-foot wide landscape strip and 5-foot wide detached sidewalk. As indicated in the applicant’s letter, the TIS does not indicate the 33 Kleiner Park MCZC-10-018 need for a 3-lane roadway for access to the Park. The street, as proposed, does not have bike lanes and parking will be prohibited. The applicant is proposing to construct a 27-foot wide curb return driveway on Park Lane located approximately 225-feet east of Records Avenue. b. Staff Comments for Park Lane Staff is supportive of the proposal for an east-west street to provide connectivity and access to adjacent and nearby parcels. There are approximately 14 single family dwellings that access Venture Street off of Fairview Avenue. Venture Street at Fairview Avenue is recommended to be restricted to right-in/right-out operations in the near future due to traffic volumes on Fairview Avenue. Park Lane will provide signalized access to Records Avenue at Fairview Avenue. c. Request for Modification of Policy for Park Lane The applicant has requested a Modification of Policy to allow the angle of the proposed Records Avenue and Park Lane intersection to exceed the standard 15 degree intersection skew. As depicted in the site plan the intersection was designed with a 30 degree skew. The applicant could realign the intersection to the north, but has stated that they prefer to not impact the Park layout. The applicant does not own the property to the south and cannot move the intersection to correct the design through that parcel. The applicant has submitted a template to demonstrate that there is adequate site distance at the intersection. Staff recommends a modification of policy to allow the proposed design, but also recommends a requirement for a sight triangle easement as well as a detailed landscape plan to be submitted prior to plans acceptance to demonstrate that the standard site triangle (at a minimum) is accommodated. The sight triangle easement would encumber land not owned by the applicant. The applicant should be required to dedicate the necessary easement prior to issuance of Plans Acceptance and/or issuance of any permits to work in the ACHD right-of-way or future right-of-way. The applicant should provide ACHD with: the legal descriptions for the easement; written approval from the property owners stating that they are willing to sign an easement to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the easements for signature by the property owners and will then record the documents. 34 Kleiner Park MCZC-10-018 d. Staff Recommendation for Park Lane Staff recommends approval of the location of Park Lane. It appears that Park Lane will intersect Venture Street in alignment with a property line. This location should minimize the impact of headlights on the single family dwellings. Staff recommends approval of a 2-lane, 36-foot wide local/commercial street section with bike lanes. The applicant should be required to dedicate sufficient right-of-way to accommodate the necessary improvements, including a 2-foot wide utility strip behind the back of curb; and should construct Park Lane as one-half of a 36-foot street section, with no less than 24-feet of pavement, with vertical curb, gutter and sidewalk. The applicant shall stripe the bike lane and sign the street for “NO PARKING”, and shall construct a 3-foot wide gravel shoulder, and barrow ditch on the south side of the road. The applicant should provide a sidewalk easement and license agreement for the proposed 10-foot wide planter strip and detached sidewalk. The planter strip should not be located within the right-of-way. The 27-foot wide curb return driveway on Park Lane located approximately 225-feet east of Records Avenue should be approved as proposed. 8. Venture Street (existing street) a. Existing Conditions Venture Street is located at the southeastern property line of the site. It is improved with 38-feet of pavement within 50-feet of right-of-way. The site has approximately 300-feet of frontage on Venture Street The existing public street serves approximately 14 single family dwellings, and one commercial use, and intersects Fairview Avenue in alignment with a public street on the south side of Fairview Avenue. The intersection is not signalized. b. Applicant’s Proposal for Venture Street The applicant is proposing to construct one driveway on Venture Street located approximately 125-feet south of Venture Circle to access the Park maintenance facility. The applicant is proposing to improve Venture Street abutting the site as one-half of a 36-foot street section with vertical curb, gutter, and 5-foot wide attached concrete sidewalk. c. Staff Comments/Recommendation for Venture Street Staff recommends approval of the driveway for the maintenance facility. Public access to the Park from Venture Street will be via 35 Kleiner Park MCZC-10-018 Park Lane. Public access directly off of Venture Street is prohibited. The driveway should be adequately signed and gated to prohibit public access. The street improvements should be approved as proposed. 9. General Design Comments/Requirements for Public Streets The street sections on page 4 of the plan sets (dated 3-10-10) should not approved as proposed. Refer to the staff report for approved street sections. The base sections on page 4 of the plan sets (dated 3-10-10) should not approved as proposed. Comply with ACHD Policy. Provide a sidewalk easement for all sidewalks located outside of the right-of-way. Enter into a license agreement with ACHD for any landscaping located within the ACHD right-of-way or easements. 10. Impact Fees There will be an impact fee that is assessed and due prior to issuance of any building permits or other permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The City of Meridian is a taxing district as defined by ACHD Impact Fee Ordinance 208 and Idaho Code section 63-201. Ordinance 208 requires that taxing districts shall be subject to payment of impact fees on all developments in Ada County unless ACHD and the taxing district enter into a written agreement that provides otherwise. ACHD and the City of Meridian have no written agreement in place regarding payment of ACHD impact fees. Only those facilities owned by the City will be eligible for inclusion in an agreement to waive impact fees. Impact fees for park sites are assessed by acreage, and auxiliary uses to the park such as restrooms, picnic shelters and sheds/maintenance facilities are not assessed a separate impact fee. Separate impact fees will be assessed on all other uses. The City of Meridian has submitted a written request for a waiver of impact fees. The letter is attached at the end of the report. The Owner has submitted a written request for a waiver of all ACHD related fees. The letter is attached at the end of the report. Staff does not recommend a waiver of plan review and permit fees as those cover direct costs associated with staff time. 36 Kleiner Park MCZC-10-018 11. Irrigation Structure The plans indicate the construction of a new irrigation structure located within the unopened ACHD right-of-way just south of Green Meadow Drive, for the South Slough. District policy does not allow irrigation structures to be located within the public right-of-way. The applicant should be required to revise the plans for the South Slough to relocate the structure outside of ACHD ROW. 12. ACHD Reviews and Plan Approval The applicant should be required to secure dedication of right-of-way from the adjacent property owners as indicated in the applicant’s letter to ACHD dated April 14, 2010. Right-of-way dedication should be required prior to plans acceptance. Regardless of the requirements set forth in the City’s development agreement, the plan submittals should be required to include all of the requirements as set by the ACHD Commission, prior to plans acceptance. Prior to issuance of any permit to work in the ACHD right-of-way the applicant should be required to dedicate all required right-of-way adjacent to the Park. Prior to plans acceptance, the City of Meridian should be required to enter into a written agreement with ACHD regarding the future construction of Records Avenue north of the Park entrance. In lieu of providing a financial surety, the City should be required to ensure that the segment of Records Avenue north of the proposed Park Lane, will be built by others; or, that the City will construct the road at such time that Allys Avenue is extended south from Ustick Road to the north property line of the Park, or River Valley Drive is extended east from SH-55 (Eagle Road) to the site, whichever comes first. 13. Landscaping and Tree Planters Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-feet offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 37 Kleiner Park MCZC-10-018 B. Site Specific Conditions of Approval The applicant shall be required to comply with all of the Site Specific Conditions of Approval listed below, prior to ACHD issuing a permit for work within the ACHD right-of-way. 1. Dedicate to ACHD the necessary right-of-way to extend Records Avenue to the Park, prior to issuance of Plans Acceptance and prior to issuance of any permits to work in the ACHD right-of-way or future right-of-way. Provide ACHD with: the legal descriptions for the right-of-way; written approval from the property owners stating that they are willing to sign a Warranty Deed to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the Warranty Deeds for signature by the property owners and will then record the documents. 2. From Fairview Avenue to the southerly property line of the Park (Park Lane), the applicant shall improve Records Avenue with a minimum of 30-feet of pavement to provide for two 11-foot travel lanes and two 4-foot wide bike lanes. On both sides of the road the applicant shall install a 3-foot wide gravel shoulder with a barrow ditch; and should construct a minimum 5-foot wide concrete sidewalk on the east side. The applicant shall work with the property owner to locate the sidewalk in its ultimate location. In lieu of a 5-foot wide concrete sidewalk, the applicant may construct an asphalt facility to accommodate pedestrians. The applicant shall work with staff to determine the exact location and design. The applicant may construct the pedestrian facility on either the east or west side of Records Avenue. 3. Widen Records Avenue at the Fairview Avenue intersection to provide for 4- travel lanes plus bike lanes as shown in the mark-up provided in the staff report. 4. Construct any necessary modifications to the pedestrian ramps on the north side of the Records/Fairview Avenue intersection. 5. Relocate/modify any signal equipment necessary for the widening of the Records/Fairview Avenue. 6. Dedicate to ACHD the necessary right-of-way to extend Records Avenue adjacent to the Park, prior to issuance of Plans Acceptance and prior to issuance of any permits to work in the ACHD right-of-way or future right-of-way. Provide ACHD with: the legal descriptions for the right-of-way; written approval from the property owner stating that they are willing to sign a Warranty Deed to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the Warranty Deeds for signature by the property owner and will then record the documents. 38 Kleiner Park MCZC-10-018 7. The main driveway location and width are approved as proposed on Records Avenue, per the 3-10-10 site plan. 8. The northerly driveway location and width are approved as proposed on Records Avenue, per the 3-10-10 site plan. 9. To ensure that the future construction of Records Avenue is not at ACHD expense, or at taxpayer expense as requested by the City of Meridian, the City of Meridian, as the applicant for the park application may ensure the future construction of Records Avenue north of the park entrance by one of the following alternatives: 1. The Kleiner Park Trust shall provide the financial surety or construct the road per ACHD policy in lieu of the City commitment required above. OR 2. The City of Meridian shall amend the Development Agreement with CenterCal to require: (1) CenterCal to develop the full road section, curb, gutter on both sides, and the sidewalk on the west side only, of Records Avenue north of the park entrance; (2) the consent of ACHD before the Development Agreement could be modified to alter or eliminate the above term until such construction is complete; (3) a memorandum of the amendment or the amendment to be recorded in accordance with Section 10 of the Agreement; and (4) that the timing or phasing of the development of Records Avenue occur in accordance with ACHD Policy (that is, CenterCal shall be required to build the north section of Records Avenue when the parcel adjacent to Records Avenue is developed or, when it is warranted based on traffic generated by the phase of development being proposed). 10. If Records Avenue is not constructed north of the main access, trees and landscaping shall be prohibited within the 10-foot wide landscape strip between the sidewalk and future curb. 11. The applicant is granted a variance to not improve the unopened right-of-way as a public street. 12. Construct: a. An emergency access from the Park to the terminus of Green Meadow Drive. This shall also accommodate bicycles and pedestrians. b. An emergency access from the Park to the terminus of Meadow Wood Drive. This shall also accommodate bicycles and pedestrians. c. Provide bicycle and pedestrian access from the Park to Tweedbrook Avenue. 39 Kleiner Park MCZC-10-018 13. The applicant shall comply with ACHD Turnaround Policy 2705.2.1 and provide written approval from the Boise Fire Department for the dimensions of the proposed hammer-head type turnarounds located at the terminus of Green Meadow Drive and Meadow Wood Drive. 14. The applicant shall install NO PARKING signs in the turnarounds. The applicant may also be required to install additional signage on the stub streets in the future (including Tweedbrook Avenue) if the local streets become a nuisance parking area for the Park, associated uses, and future commercial development. 15. The Records Avenue/Park Lane intersection is approved with a 30 degree skew as depicted in the 3-10-10 site plan, as a modification of policy. 16. The applicant shall provide a sight triangle easement for the Records Avenue/Park Lane intersection, as well as a detailed landscape plan, to be submitted prior to plans acceptance to demonstrate that the standard site triangle (at a minimum) is accommodated. The sight triangle easement will encumber land not owned by the applicant. The applicant shall dedicate the necessary easement prior to issuance of Plans Acceptance and/or issuance of any permits to work in the ACHD right-of-way or future right-of-way. The applicant shall provide ACHD with: the legal descriptions for the easement; written approval from the property owners stating that they are willing to sign an easement to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the easements for signature by the property owners and will then record the documents. 17. The location of the Park Lane/Venture Street intersection is approved as proposed. 18. Dedicate sufficient right-of-way on Park Lane to accommodate the necessary improvements, including a 2-foot wide utility strip behind the back of curb. Construct Park Lane as one-half of a 36-foot street section (Local/Commercial street classification), with no less than 24-feet of pavement, with vertical curb, gutter and 5-foot wide concrete sidewalk on the north side of the road. Stripe the bike lane on the north side and sign the street for “NO PARKING”. Construct a 3-foot wide gravel shoulder, and barrow ditch on the south side of the road. Commission action 5-26-10: The applicant has the option to construct on-street parking if additional pavement is constructed beyond the 36’ street section. Parking on both sides of the street would be accommodated with a 47’ street section. 19. Provide a sidewalk easement and license agreement for the proposed 10-foot wide planter strip and detached sidewalk on Park Lane. The planter strip shall not be located within the right-of-way. 40 Kleiner Park MCZC-10-018 20. The driveway location on Park Lane is approved as proposed, approximately 225-feet east of Records Avenue, per the 3-10-10 site plan. 21. The driveway location on Venture Street for the Park maintenance facilities, located approximately 125-feet south of Venture Circle, is approved as proposed, per the 3-10-10 site plan. 22. Public access directly off of Venture Street is generally prohibited. The driveway shall be adequately signed and gated to prohibit public access, except for loading and unloading associated with the Community Gardens. 23. Improve Venture Street abutting the site as one-half of a 36-foot street section with vertical curb, gutter, and 5-foot wide attached concrete sidewalk. 24. Provide a sidewalk easement for all sidewalks located outside of the right-of-way. 25. Enter into a license agreement with ACHD for any landscaping located within the ACHD right-of-way or easements. 26. Revise the site plan to relocate the irrigation structure for the South Slough out of the unopened ACHD right-of-way just south of Green Meadow Drive. 27. Comply with all Standard Conditions of Approval. C. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District’s Tree Planter Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD 41 Kleiner Park MCZC-10-018 Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. #### 42 Kleiner Park MCZC-10-018 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission’s next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission.