Knighthill Center Subdivision PP-13-031 MDA-13-019CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIAN
In the Matter of the Request for Preliminary Plat Consisting of Five (5) Commercial Lots and One
(1) Common Lot on 9.11 Acres of Land and Development Agreement Modification to Incorporate a
New Concept Plan, Attach Elevations and Update Specific Provisions, Located on the Southwest
Corner of Chinden Boulevard and N. Linder Road, by James Wylie.
Case No(s). PP-13-031 and MDA-13-019
For the City Council Hearing Date of: January 21, 2014 (Findings on February 4, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 21, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 21, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 21,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 21, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-031 and MDA-13-019
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6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 21, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for preliminary plat and development agreement modification for
Knighthill Center Subdivision is hereby approved per the conditions of approval in the attached
staff report for the hearing date of January 21, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-031 and MDA-13-019
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E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of January 21, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-031 and MDA-13-019
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By action of the City Council at its regular meeting held on the day of ,
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED~-
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED_~
COUNCII, MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED.
COUNCIL MEMBER GENESIS MILAM VOTED
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MAYOR TAN~MY de WEERD VOTED
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-031 and MDA-13-019
-4-
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
January 21, 2014
(Continued from December 17, 2013)
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
~E IDIZ IAN+£-
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SUBJECT:
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: Rennv Wylie
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Justin Lucas
b. Kev Issue(s) of Discussion by Commission:
i. Mid-box store adjacent to the residences.
ii. Landscape buffer width along the adjacent residences on the south and west boundary.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
a= Summary of City Council Public Hearin:
L In favor: Scott Stanfield
11: In opnosition: None
111. Commenting: Rennv Wylie
lY. Written testimony: None
yt Staff nresenting aRnlication: Bill Parsons
yi: Other staff commenting on annlication: None
Knighthill Center Subdivision PP-13-031 &MDA-13-019 PAGE 1
EXHIBIT A
I~ ev Issues of Discussion by Council:
~. The landscape buffer width between the adiacent residences and the mid-box store.
~, Key Council Changes to Staff/Commission Recommendation
L None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers PP-13-
031 and MDA-13-019, as presented in the staff report for the hearing date of January 21, 2014, with
the following modifications: (Add any proposed modifications).
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, 2014, 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`d 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 modification. 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 notice on site(s) on: November 11, 2013(Commission); December 28, 2013
Council
Knighthill Center Subdivision PP-13-031 &MDA-13-019 PAGE 2
EXHIBIT A
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
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.
In 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 concerns: 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 units to the acre;
Where feasible higher density along SH 20/26 to serve employment destination centers;
A conceptual site plan;
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 3
EXHIBIT A
• 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
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 MiJ-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):
1. "Require landscape street buffers for new development along all entryway corridors."
(2.01.02E)
A 35 foot wide landscape buffer will be required along W. Chinden Boulevard 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 buffer requirements. Once the landscaping
has been installed it must be maintained by the Knighthill Center Business Owner'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.O1F)
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 ITD (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)
Staff finds 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.O1F)
The UDC requires a 25 foot wide landscape buffer between the proposed commercial
development and the existing residential development to the west and the south. The
applicant is proposing a 20 foot landscape buffer. The applicant is requesting Council to
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 4
EXHIBIT A
allow the reduced buffer width. Staff believes the applicant should provide a dense 25 foot
wide landscape buffer along the west and south boundary of Lot 2, Block Idue 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 SO feet of a residential district to be wholly
enclosed and must operate between the hours of 7 am and 10 pm.
7. "Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (3.03.03C)
The submitted preliminary plat proposes to connect to the public stub street (Gertie 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 (Gertie 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-21ists 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
Tablel 1-2B-3 and UDC 11-3B-7C for the C-G zoning district.
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 5
EXHIBIT A
• 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.
F. Off-Street Loading Area: The off-street loading areas must comply with the standards in accord
with UDC 11-3 C-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 properly 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 11-4-3-11, drive-
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 6
EXHIBIT A
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 11-4-3-11. If drive-
through establishments are proposed on this site, a CUP shall be required that complies
with the UDC standards.
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: n 2~-fit-iviu~e~°mm°r°~°' ~a°~•~° '.rl~~e~°te~ sl~~rll~
s~I~ed-te~l~te--prepe~esnt a~~T T:~a°° D°°a This provision is no longer
applicable because the property is owned by ACHD and is now developed with 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 9.11 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 11-2B-3.
• Per UDC Table 11-2B-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
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 7
EXHIBIT A
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.
Development along State Highways: UDC 11-3H-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/Linder 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 from 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 10 pm in accord with UDC II-
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.
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 8
EXHIBIT A
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.
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 11-3B-
7C.5.
• In accord with UDC 11-3B-3C, 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 11-3A-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-point 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 11-3A-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.
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 9
EXHIBIT A
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat and Concept Plan (dated: 09/18/13)
3. Proposed Landscape Plan (dated: 09/17/13)
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
EXHIBIT A
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Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE ]0
EXHIBIT A
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Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 11
EXHIBIT A
3. Proposed Landscape Plan (dated: 09/17/13)
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Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 12
EXHIBIT A
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Knighthill Center Subdivision PP-13-031 & MDA-13-019
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EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
1.1 Development Agreement Modification
1.1.1 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• ~-f~e* • °~a° °' .a-~•~° ~~'e~e~~', ~a °°+°° °''°" ''°
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.
A cross-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. Gertie 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 ACRD on the termination of the temporary turnaround constructed at the
terminus of N. Gertie Place.
e. Comply with all bulk, use, and development standards of the C-G zoning district listed in
UDC Tablel 1-2B-3.
f. 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-13-031 & MDA-13-019 PAGE 14
EXHIBIT A
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.
b. 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 remainder with lawn or other
vegetative ground cover in accord with UDC 11-3B-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 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.
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 11-3B-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.
1.2.4 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 11-3C-8.
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 15
EXHIBIT A
1.2.6 Comply with all ACRD conditions of approval.
1.3 General Conditions of Approval
1.3.1 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 11-3B-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 11-3B-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 11-3G-3F1.
1.3.6 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.
1.3.7 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.
1.3.8 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.
1.3.10 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 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
1.3.13 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.3.14 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.
1.3.15 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 11-6B-
7B.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 16
EXHIBIT A
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 irrigation 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 uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.10 All development improvements, 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
EXHIBIT A
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 features 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 11-12-3H.
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
ACHD. 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 form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.24 It shall be the responsibility of the applicant to ensure that all development features 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
EXHIBIT A
3.1 The Police Department has no concerns related to this application.
4. FIRE DEPARTMENT
4.1 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 '/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall 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 fmished 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 International 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 anall-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.9 The applicant shall work with Public Works and Planning Department staffto 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 apparatus 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-13-019 PAGE 19
EXHIBIT A
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.
7.1.3 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 around the entire turnaround.
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 ACHD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACHD 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
EXHIBIT A
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 ACRD 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 ACRD right-of--way. The applicant shall
contact ACRD Traffic Operations 387-6190 in the event any ACRD 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 ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACRD 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 ACRD prior to District approval for occupancy.
7.2.11 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 ACRD. 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, ACRD 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 ACRD 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 AC)=ID
Commission.
Knighthill Center Subdivision PP-13-031 & MDA-13-019 PAGE 21
EXHIBIT A
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 Council 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 Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council 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 Council 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 Council relied upon comments from the public service providers (i.e., Police, Fire,
ACRD, 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 Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACRD and ITD consider road safety issues in their
analysis. The Council considered all public testimony presented to determine whether or
not the proposed subdivision may cause health, safety or environmental problems.
f. The development preserves significant natural, scenic or historic features.
The Council 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
Council referenced all public testimony 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