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PZ Recs / Staff Report 1/21/14STAFF REPORT Hearing Date: TO: FROM: SUBJECT: January 21, 2014 (Continued from December 17, 2013) Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 ~E IDR IAN,_-- ~J Bruce Freckleton, Development Services Manager 208-887-2211 Knighthill Center Subdivision - PP-13-031 and MDA-13-019 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for a preliminary plat consisting of five (5) commercial lots and one (1) common lot on approximately 9.11 acres of land and a development agreement modification to incorporate a new concept plan and update certain provisions relevant to the proposed development. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed preliminary plat (PP) and development agreement modification (MDA) applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard these items on November 21, 2013. At the public hearing, the Commission voted to recommend approval of the subject PP and MDA requests. a. Summary of Commission Public Hearing: i. In favor: Scott Stanfield ii. In opposition: None iii. Commenting: Renny Wylie iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Justin Lucas b. Key Issue(s) of Discussion by Commission: i. Mid-box store adiacent to the residences. ii. Landscape buffer width along the adiacent residences on the south and west boundary. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, 1 move to approve File Numbers PP-13- 03l and MDA-13-019, as presented in the staff report for the hearing date of January 21, 2014, with the following modifications: (Add airy proposed modifications). Knighthill Center Subdivision PP-13-031 &MDA-13-O19 PAGE I Denial After considering all staff, applicant and public testimony, I move to deny of File Numbers PP-13- 031 and MDA-13-019, as presented in the staff report for the hearing date of January 21, 20l 4, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers PP-13-031 and MDA-13-019 (optional), 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 site is located on the southwest corner of W. Chinden Boulevard and N. Linder Road in NE '/4 of Section 26, Township 4 North, Range 1 West. (Parcel #50426110057) B. Owner/Applicant(s): James Wylie 1676 N. Clarendon Way Eagle, Idaho 83616 C. Representative: Scott Stanfield, Mason & Stanfield Inc. 826 3`a Street South Nampa, Idaho 83651 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat and a development agreement -nodification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 4, and 18, 2013(Commission); December 7, and 13, 2013 (Council) C. Radius notices mailed to properties within 300 feet on: October 24, 2013(Commission); December 9, 2013 (Council) D. Applicant posted -lotice on site(s) on: November ] 1, 2013(Commission); December 28, 2013 Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site is vacant commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Chinden Boulevard and underdeveloped commercial property, zoned C-C 2. East: Linder Road and agricultural land, zoned RUT in Ada County 3. South: Lochsa Falls Subdivision, zoned R-4 4. West: Vacant commercial property and Lochsa Falls Subdivision, zoned C-N and R-4 Knighthill Center Subdivision PP-13-031 &MDA-13-019 PAGE 2 C. History of Previous Actions: In 2006, the site was annexed (AZ-06-006) and preliminarily platted (PP-06-005) with 4 commercial lots and one common lot. A development agreement was required with the annexation of the property (Instrument # 106122368). A concept plan was tied to the approved development agreement. In 2008, the Director approved an 18-month administrative time extension (TE-08-008) extending the expiration date of the project. h~ 2008, the property received approval of a new preliminary plat (PP-08-005) and development agreement modification (MI-08-003). The proposed preliminary plat consisted of 5 commercial lots and 1 common lot. The DA mod was required to replace the approved concept plan with a new one. These approvals have expired because the applicant never signed the amended DA or applied for a time extension within the required UDC time frame. In 2009, the City Council denied an access variance (VAR-09-001) to Chinden Boulevard. In 2013, Council approved a variance (VAR-13-002) application granting aright-in/right-out access to Chinden Boulevard. D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in W. Everest Lane. b. Location of water: Water mains intended to provide service to the subject property currently exists in W. Everest Lane, and in the existing driveway near the southeast corner of the subject site. c. Issues or conceals: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Community (MU-C)" on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated. Featured elements of the mixed use development should include the following: • Residential densities at a minimum of 6 to 15 dwelling Lmits to the acre; • Where feasible higher density along SH 20/26 to serve employment destination centers; • A conceptual site plan; • Provide community serving facilities; • Provide some form of common, usable area, such as a plaza or green space; • Landscape buffering between commercial and existing low or medium density residential; • Three different types of land uses and; • Be accessible to neighborhoods by both vehicles and pedestrians; • Commercial building footprint should not exceed 30,000 square feet. The site is already surrounded by a mix of uses (residential, public, office and retail) and the property is currently zoned C-G. The submitted concept plan depicts a mix of commercial buildings that will add to the overall diversity of uses in this area. An existing private and public school and residential subdivisions are developed to the north, south and west. A transition is being provided between the Knighthill Center Subdivision PP-13-031 & MDA-13-o19 PAGE 3 proposed commercial development and the existing residences to the south and east in the form of a 20-foot wide landscape buffer. The submitted concept plan depicts a central plaza area and building footprints consistent with the MU-C designation. The proposed development is linked to the adjacent residential development via an existing road network developed with the Lochsa Falls subdivision. In looking at the overall MU-C designated area and the surrounding development, the proposed development incorporates many of the mixed use elements of the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): "Require landscape street buffers for new development along all entryway corridors." (2.01.02 E) A 35-foot wide landscape bz ffer tivill be required along W. Chinden Boarlevard and N. Linder Road, both entryway corridors, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. 2. "Require all commercial businesses to install and maintain landscaping." (2.01.03B) See the analysis above for the required landscape baker regtrirernents. Once the landscaping has been installed it am~st be maintained by the Kniglathill Center Business O-a~ner's Association. 3. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) The proposed development is contiguous to the city and city services are available to be extended to the site upon development in accord with UDC 11-3A-21. 4. "Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by LTD (3.03.02L)." The applicant has coordinated with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is 140 feet. The ROW has been deeded to ITD. 5. "Plan for a variety of commercial and retail opportunities within the Impact Area." (3.OS.O1J) Stafffraads the proposed development should provide a variety of commercial uses to complement the surrounding residential development. 6. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) The UDC requires a 25 foot wide landscape baker between the proposed commercial development and the existing residential development to the west and the south. The applicant is proposing a 20 foot landscape ba ffer. The applicant is regaresting Council to allow the reduced ba~er width. Staff believes the applicant should provide a dense 2~ foot wide landscape buffer along the west and south boundary of Lot 2, 731ock 1 due to the proximity of the mid-box store and the associated Loading area to the adjacent residences. UDC 11-3C-8 requires the loading areas within 50 feet of a residential district to be wholly enclosed and must operate between the hours of 7 am and 10 pna. 7. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.03C) Knighthill Center Subdivision YP-13-031 & MDA-13-019 PAGE 4 The submitted preliminary plat proposes to connect to the public stub street (Genie Place) from Lochsa Falls Subdivision to the south and the private stub street (Everest Lane) from Lochsa Falls Subdivision to the west. 8. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) The concept plan provided by the applicant shows connectivity between the residential neighborhood to the south and the proposed commercial development by extending the stub street (Genie Place) and the existing sidewalk into the development. A 10 foot pathway is required along Chinden Boulevard connecting with the S foot sidewalk constructed with the Lochsa Falls development. This connection will provide pedestrian connectivity to the signalized intersection of N. Long Lake Way and Chinden Boulevard. 9. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads." (3.03.02N). The applicant has proposed one curb cut on N. Linder Road, which was previously approved by ACHD and is supported by staff. A backage road (W Everest Lane) was constructed with the development of the Lochsa Falls Subdivision and is stubbed at the west boundary. The proposed right-in/right-out access to Chinden was approved by a variance. The Planning Division has a copy of the recorded cross access and maintenance agreement which allows the proposed commercial development to access W. Everest Lane per the recorded development agreement. For the above stated reasons and analysis, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): COMMERCIAL DISTRICTS (C-G): The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-G zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping: • Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tablet 1-2B-3 and UDC 11-3B-7C for the C-G zoning district. • Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. • Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11- 2B-3 and UDC 11-3B-9C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for the commercial lots. Knighthill Center Subdivision PP-13-031 & MDA-13-o19 PAGE ~ F. Off-Street Loading Area: The off-street loading areas must comply with the standards in accord with UDC 11-3C-8. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Development Agreement Modification (MDA): As mentioned above, a DA was required when the subject site was annexed into the City. A comprehensive list of the DA provisions that currently govern the site are as follows: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. The applicant will be responsible for all costs associated with the sewer and water service extension. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 6. A 25-foot wide commercial drive aisle, sewer, and water shall be stubbed to the property located at 6175 N. Linder Road. 7. Development of the property shall comply substantially with the conceptual site plan shown on the preliminary plat dated January 5, 2006. 8. The applicant shall provide signage on the site which indicates that there is an exit towards W. Everest Lane. 9. The applicant shall provide evidence of a recorded cross access easement with the development to the west for access to W. Everest Lane, which is a private street. The applicant is proposing to amend the DA provision that ties the development to the concept plan approved with the previous preliminary plat (PP-06-005). The applicant has submitted a new concept plan showing how the site may develop. The previous concept plan depicted four buildings (pad sites) with varying uses on the site (grocery store, retail, bank and restaurant), totaling 109,750 square feet of retail space. The new concept plan proposed for the site is showing five (5) buildings consisting of three (3) multi-tenant retail buildings, a bank and amid-box store. The square footages of the buildings range in size between 4,800 square feet and 30,400 square feet respectively. The overall square footages depicted on the plan is 74,650 square feet. The concept plan also depicts three (3) drive-throughs on this site. One of the depicted drive-throughs is within 300 feet of a residential zoning district. Per UDC ll-4-3-ll, drive- through establishments require CUP approval if they are located within 300 feet of an existing residence or residential district or another drive-thru facility. In addition, there are specific use standards for drive-thru windows that are listed in UDC ll-4-3-ll. If drive- through establishments are proposed on this site, a CUP shall be required that complies with the UDC standards. Knighthill Ccnter Subdivision PP-13-031 & MDA-13-019 PAGE 6 To ensure the sight develops as represented by the applicant and is compatible with the adjacent residential development, staff recommends the mid-box store be limited to 30,400 square feet and the multi-tenant buildings should not exceed 15,600 square feet. With the exception to the modification of the concept plan, Staff is recommending several sections be updated, certain provisions in section 5 to be excluded or modified and that additional DA provisions be included in the amended DA as follows: 1. Update the Parties: Include new developer/owner. 2. Update Section 3.2 and 3.3: Include new developer/owner. 3. Omit Provision #6: ~~ ~~ f96~~~4ac-^.6i-mTr°c-r^c-mrd~Nd°c-c~'rSl(i~eb~~ed-'dr'c^rt°"cr~mrrbc ~i~~ed--te~e~repet~lesal°d~R-~-o;-;~ ~~R°•~ Tltis provision is no longer applicable because the property is owned by ACHD and is now developed witlr a drainage pond 4. Modify Provision #7: The development of this property shall substantially comply with the concept plan in Exhibit A. 5. Future development of the commercial lots shall substantially comply with the elevations in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 6. The mid-box building shall not exceed 30,400 square feet and any future multi-tenant retail building shall not exceed 15,600 square feet as proposed. The maximum height of any commercial building on the site shall not exceed 35 feet consistent with the surrounding residential district. 7. A central plaza shall be located on Lot 1 as depicted on the concept plan. 8. Any future drive-through uses located within 300 feet of residential district or another drive-through establishment on this site shall obtain CUP approval. Preliminary Plat: The proposed preliminary plat consists of 5 commercial lots and 1 common lot on approximately 9.1 1 acres of land in the C-G zone. The commercial lots range in size between 0.76 acres up to 3.04 acres. The UDC does not have a minimum lot size standard for commercial development. Dimensional Standards: The dimensional standards set forth in UDC Table 11-2B-3 apply to the development of this site as follows: • A 35-foot wide street buffer landscape easement is required along Chinden Boulevard and Linder Road, classified as an arterial street, and an entryway corridor, per UDC Table 1 ] -2B-3. • Per UDC Table 1 1-2B-3A, a 25-foot wide landscape buffer shall be depicted along the southern property boundary adjacent to the residential lots. The applicant is seeking Council approval to reduce the landscape to 20 feet. • Coordinate with ACHD on the termination of the temporary turnaround constructed at the terminus of N. Gertie Place. Access: The access to the development will be from W. Chinden Boulevard (right-in/right-out) to the north, N. Linder Road (full access) to the east, W. Everest Lane to the west and N. Gertie Place to the south. The access to Chinden Boulevard was approved by a variance. Staff is supportive of the access provided to the site. Since commercial lots are proposed for the development and not all of the lots have frontage on a public street, the applicant must provide cross access in accord with the standards set forth in UDC 11-3A-3. With the submittal of the final plat, cross-access shall be provided to all lots within the development via a note on the recorded final plat or a separate recorded agreement. Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 7 Development along State Highways: UDC 1 I-3H-3 regulates any development along state highways. This section of the code also regulates access to State and Federal highways and future right of way reservations for ITD. The applicant received ITD and City approval for the proposed access point to Chinden Boulevard. The applicant is responsible for reserving 70 feet of right of way (ROW) for future expansion of Chinden Boulevard. With the construction of the Chinden/Cinder intersection, the applicant dedicated the 30-feet of additional ROW to ITD. With the submittal of the final plat, the applicant must provide written documentation that ITD has accepted the dedicated ROW. Further, the applicant must comply with all ITD's road improvement standards that apply with the construction Chinden Boulevard access. Landscaping: Staff has reviewed the submitted landscape plan for compliance with current UDC standards and offers the following comments/requirements: • The UDC requires a detached 10-foot wide multi-use pathway to be constructed along W. Chinden Boulevard (SH 20/26) within a public use easement. Prior to signature on the final plat, the applicant is required to submit a public pedestrian easement to the Planning Division for approval by City Council and subsequent recordation. • Per UDC Table 11-2B-3, a 35-foot wide landscape street buffer is required along Chinden Boulevard and Linder Road, as depicted on the landscape plan and plat. These buffers should be designed (mix of trees, lawn, shrubs and other vegetative groundcover) in accordance with the standards listed in UDC 11-3B-7C. Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required between residential uses and properties, zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9. On the submitted landscape plan, a 20-foot wide landscape buffer is depicted. The applicant is seeking Council approval to reduce buffer width. Staff is supportive of the applicant's proposal to reduce the buffer width along the south boundary of Lot 1, Block 1 because the commercial activity is directed away fro-n the adjacent residences. On Lot 2, Block 1, a 30,400 square foot commercial building and associated loading area is proposed adjacent to the surrounding residences. Given the scale and bulk of the building and amount of commercial activity associated with the loading area, staff recommends the applicant provide a 25-foot wide landscape buffer with a mix of planting materials and trees that touch at maturity along the south and west boundary in accord with UDC 11-3B-9C. NOTE: The loading area is proposed within SO feet of the residential district and must be wholly enclosed and operate between the hours of lam and IO pnz in accord with UDC 11- 3C-8. • The applicant should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. • The UDC requires a 5-foot wide detached sidewalk along Linder Road in accord with UDC 11-3A-17. No fencing is shown on the submitted landscape plan however fencing exists on the side and rear yards of the residential homes surrounding the proposed development and should not be impacted with the development of this site. Temporary construction fencing to contain debris must be installed around the perimeter with the construction of any commercial building on the site. Fencing must be designed as set forth in UDC 11-3A-7. Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 8 If the unimproved street right-of--way along N. Linder Road and Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 1 l -3B- 7C.5. • In accord with UDC 11-3B-3 C, the applicant must submit a revised landscape plan that is prepared by a landscape architect, landscape designer or qualified nurseryman. Ditches, Laterals, and Canals: Per UDC ll-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-poi-rt connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC l 1-3A-15 and MCC 9-1-28. Building Elevations: The applicant has submitted conceptual building elevations with this application that depict how the commercial buildings may be constructed on this site. Building materials and design features consist of stucco with substantial stone veneer, decorative corbels, timber canopy and architectural shingle roofing. Two (2) variations in the multi-tenant buildings are proposed. The first rendering has stucco and stone veneer accents with varying parapet heights and roof dimensions and a timber canopy that extends along the entire front of the building. The other multi-tenant building is more of a contemporary design and includes varying parapet heights and stucco and block wall system. In addition, varying rooflines are proposed with a combination of a flat roof and pitched roof design accented in metal. Staff is supportive of the proposed elevations and has attached these elevations in Exhibit A. Any Future buildings constructed on the site shall substantially comply with these elevations. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits for any of the commercial lots. The applicant is required to obtain approval of a Design Review application for the proposed structures and site design for the commercial development. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan and the requirements of the UDC and recommends approval of the proposed development applications. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat and Concept Plan (dated: 09/I 8/13) 3. Proposed Landscape Plan (dated: 09/17/13) Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 9 4. Proposed Elevations B. Conditions of Approval C. Required Findings from Unified Development Code Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 10 A. Drawings 1. Vicinity Map RUT i W By~AN~T L R-4 z ~~, , r_~, 1 ' ~^ - _, ,~ __-.~ ~) }; ~~~~__ ~A~Jl~TQL~E.I._57T ~ ~_ RUT RUT Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 10 2. Proposed Preliminary Plat and Concept Plan (dated: 09/18/] 3) 1 ... -y --- w~ ~,~ '=. `~ 9azo. ', .~~° F F `.°~ - ~~~ ~ '$i~ .ti I ~ _ L`Yi~ ~~s~ _ -°_--- ', i i -.. ~ .,p'._..__ ate. ._.. 7 ~~_.."'~"_g ., s.. .... • ~ • ~ .J ~w o w~~ :w~.;. ars ainM.,..~: -:, a,. i<rw nwa ic. • •~. >.« ~yy { ~S9 ~` ~~ 9020 leoelb _e ____-„.~;..~ Prig P • ~L~~~ "'off KNIO NTHILL CENTER BVBOMBlON _ _P_R_GLIMINARY PLAT A PMi p 0< K 1/t K 1/I, S:C11W 20. T. ! R, R t Y., IY, OTY p 11PpvC AO.t N4MiY, Mf10 101J KNIOHTHILL CENTER 8VBON/91ON CONOlPT PLAN • EMI p I11[ K 1/I K I/4 9Y1KN M 1. I M., R 1 R. LM.. CT' p IRRMM. MA NiMrv, OMO 20i! Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 1 1 3. Proposed Landscape Plan(dated:09/17/13) Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 12 4. Proposed Elevations R a n nluninlLL 1•~t1A1L MUL11 ItNANT BUILDING - CONCEPT 2 ecru; va• . , •®. +an -MM+i euco.e.e. ~ ;~+ns~ coorer~ . 7X'~IIC M,decn~" ~ ~ _ a,.u•c~tr, e*oans+aw. I _ ~ ~ ~ n ~ _ !.. ~ II ! ~ 7 i I _ 1, _ KNIGHTHiLL RETAIL MULTI TENANT BUILDING - CONCEPT 1 licit: va.. r,m• N76R.4 fq OG® . *DN4t7 h~eOVQ~ ~~ eaaco rN:b+ ~ _ '~-'RrM;Y+® TIRO CO~II~ © __ P i.. ~~L; 0 U tt1'.bp'. 0~046FROJr Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 13 B. Conditions of Approval 1. PLANNING DIVISION 11 Development Agreement Modification 1.1. I The DA shall be signed by the property owner and returned to the City within two years of the City Council granting the approval. The recordation of the DA is required prior to submitting a final plat application. The applicant shall contact the City Attorney's office (898-5506) to initiate this process. The amended DA shall include the following modifications: a. Update the Parties: Include new developer/owner. b. Update Section 3.2 and 3.3: Include new developer/owner. C. Omit Provision #6: ~~~--cam ~06~t~kiFra~c6i~n2~E-kri~le~2'~'btc2f' ~arrtrri--vc rr..l,4.oa r.. •l~o „ o..f. 1..,..,ro.7 .,~ ~ 1'7C 7~i i ,a A fl oauva~~.u w d. Modify Provision #7: The development of this property shall substantially comply with the concept plan in Exhibit A. e. Future development of the commercial lots shall substantially comply with the elevations in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. f. The mid-box building shall not exceed 30,400 square feet and any multi-tenant retail building shall not exceed 15,600 square feet as proposed. The maximum height of any commercial building on the site shall not exceed 35 feet consistent with the surrounding residential district. g. A central plaza shall be located on Lot 1, Block 1 as depicted on the concept plan. h. Any future drive-through use located within 300 feet of residential district or another drive-through establishment on this site shall obtain CUP approval. 1.2 Preliminary Plat -Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 09/18/13, shall be revised as follows: a. Construct a 35-foot wide landscape buffer (Common Lot 6, Block 1) adjacent to N. Linder Road and Chinden Boulevard as proposed. b. Other than the access points approved with this application, the applicant shall place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard and Linder Road. c. Across-access/cross-parking easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have the right to use all to the access points approved in this application (W. Everest Lane, N. Genie Place, Chinden Boulevard and Linder Road). This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. d. Coordinate with ACHD on the termination of the temporary turnaround constructed at the terminus of N. Genie Place. e. Comply with all bulk, use, and development standards of the C-G zoning district listed in UDC Tablel 1-2B-3. £ With the submittal of the final plat, the applicant must provide written documentation that ITD has accepted the dedicated Chinden Boulevard right of way (ROW). g. The applicant shall comply with all ITD's road improvement standards that apply with the construction of the right-in/right-out access to Chinden Boulevard. Knighthill Center Subdivision PP-] 3-031 & MDA-13-019 PAGE l4 1.2.2 The landscape plan, dated 09/17/13 shall be revised as follows: a. Construct a 35-foot wide landscape buffer along Linder Road and Chinden Boulevard. These buffers shall be designed to include a mix of trees, lawn, shrubs and other vegetative groundcover in accordance with the standards listed in UDC 11-3B-7C. Construct a 5-foot wide detached sidewalk along N. Linder Road in accord with UDC 11-3A- 17. c. Construct a10-foot wide multi-use pathway along W. Chinden Boulevard in accord with UDC 11-3H-4C.4. Submit a public use easement to the Planning Division for the multi-use pathway adjacent to W. Chinden Boulevard prior to City's Engineers signature on the final plat. d. All fencing shall be installed in accordance with UDC 11-3A-7. Temporary construction fencing to contain debris must be installed around the perimeter with the construction of any commercial building on the site. e. If the unimproved street right-of--way along W. Chinden Boulevard and N. Linder Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the re-nainder with lawn or other vegetative ground cover in accord with UDC 1 1-3B-7C.5. f. Construct a 20-foot wide landscape buffer adjacent to the south boundary of Lot 1, Block 1 in accord with UDC 11-3B-9C. At a minimum, the required buffer area shall result in a barrier that allows the trees to touch at the time of maturity and include a mix of shrubs, lawn or other vegetative ground cover. The landscape buffer shall be bermed as detailed on sheet 2 and comply with the standards set forth in UDC 11-3B-SL. g. Construct a 25-foot wide landscape buffer adjacent to the south and west boundary of Lot 2, Block 1 in accord with UDC 11-3B-9C. At a minim~un, the required buffer area shall result in a barrier that allows the trees to touch at the time of maturity and include a mix of shrubs, lawn or other vegetative ground cover. The landscape buffer shall be bermed as detailed on sheet 2 and comply with the standards set forth in UDC 11-3B-5L. h. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. i. In accord with UDC 11-3B-3C, the applicant shall submit a revised landscape plan with the submittal of a final plat application that is prepared by a landscape architect, landscape designer or qualified nurseryman that complies with the aforementioned conditions. j. With the future development of the commercial lots, the applicant shall comply with any other parking lot landscaping standards in accord with UDC 1 I-3B-8. 1.2.3 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11-3A-6A, unless left open as a water amenity or linear open space in accord with UDC 11-3A-6A.2. l .2.4 The applicant shall record the final plat and obtain the Planning Division's approval of a certificate of zoning compliance and design review application prior to the issuance of a building permit. 1.2.5 With the development of the commercial lots, the off-street loading areas must comply with the standards in accord with UDC 1 1-3C-8. Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 15 1.2.6 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 13.1 Comply with all provisions of UDC 11-3A-3 with regard to access to streets and maintaining the clear vision triangle. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.3 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 1 1-3B-SJ. 1.3.4 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 1 1-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.5 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC I 1-3G-3F1. 13.6 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site [AZ-06-006, development agreement (Instrument No. 106122368) and VAR-13-002] and amended development agreement. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. l 3.7 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 13.8 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.9 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 13.10 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.3.11 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.3.12 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 1 1-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 13.13 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 13.14 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 13.15 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 1 l -6B- 7B. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 16 2.1.1 The applicant shall provide a looped water system through the project site from the existing main in W. Everest Lane to the main the existing driveway near the southeast corner of the site. 2.2 General Conditions of Approval 2.2.1 The applicant shall install sanitary sewer mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Domestic water mains to provide service to this development will be from an extension of the existing main adjacent to the site. Per Meridian City Code, the applicant shall be responsible to install water mains to and through this development. 2.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.2.4 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate in-igation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.9 A letter of credit or cash surety in the amount of 110% will be required for all ~mcompleted fencing, landscaping, a-nenities, etc., prior to signature on the final plat. 2.2.10 All development improve-nents, including but not limited to sanitary sewer and water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 17 2.2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.12 It shall be the responsibility of the applicant to ensure that all development feah~res comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.14 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC l 1-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the fore of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-221 1. 2.2.24 It shall be the responsibility of the applicant to ensure that all development feahires comply with the Americans with Disabilities Act and the Fair Housing Act. 3. POLICE DEPARTMENT Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 18 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT 4.l The first digit of the Office Suite shall correspond to the floor level as set forth in International FireCode Section 505.1. 4.2 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/~" outlet face the main street or parking lot drive aisle. b. Fire hydrants steal I not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per Interlational Fire Code Section 503.2.4. 4.5 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are requi~°ed to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) SOl .4 and Meridian amendment to IFC 10-4-2J. 4.9 The applicant shall work with Public Works and Planning Deparhnent staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.10 COMMERCIAL AND INDUSTRIAL -Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparahis access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. Knighthill Center Subdivision PP-13-031 & MDA-13-o19 PAGE 19 6. PARKS DEPARTMENT 6.1 Construct a 10-foot multi-use pathway adjacent to Chinden Boulevard. At such time that the multi- use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with the requirements of the Idaho Transportation Department for right-of--way, access and improvements to US Hwy 20/26 (Chinden Boulevard). 7.1.2 Dedicate 65 feet ofright-of--way from the centerline of Linder Road at the north corner of the site and taper to 48 feet ofright-of--way from centerline at the south corner of the site for future widening of the intersection of Chinden Boulevard and Linder Road. As this project is listed in the Capital Improvements Plan, the Distict will provide compensation for any additional right-of= way dedicated beyond the existing right-of--way. 7.I.3 Construct a 10 foot wide detached concrete sidewalk on Linder Road, as proposed. A permanent right-of--way easement shall be provided for public sidewalks placed outside of the dedicated right-of--way. The easement shall encompass the entire area between right-of--way line and 2 feet behind the back edge of the sidewalk. 7.1.4 Extend Gertie Place into the subdivision at the south property line, as proposed. Complete the turnaround with a minimum inside turning radius of 26 feet, and curb, gutter and sidewalk constructed al•ound the entire hirnaround. 7.1.5 Connect to Everest Street, a private street at the west property line, as proposed. 7.1.6 The existing 36 foot wide driveway on Linder Road located 605 feet south of the intersection of US Hwy 20/26 (Chinden Boulevard) and Linder Road, is approved as proposed. 7.1.7 Other than the access specifically approved with this application, direct lot access to Linder Road is prohibited and shall be noted on the final plat. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right- of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 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. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 20 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 fiill 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. 7.2.8 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. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the teens 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACRD Commission. Knighthill Center Subdivision PP-13-031 & MDA-13-O19 PAGE 2] C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Repor! for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Co~mcil rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD and ITD consider road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any natural, scenic or historic features on this site. Therefore, the Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission recommends that the Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 22