HomeMy WebLinkAboutDevon Park II CUP
CUP 04-037
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Fairview Lakes, LLC
October 7, 2004
ITEM NO.
12
REQUEST Public Hearing: Request to modify the existing CUP (PO) approval tor the construction of a 96-
unit apartment complex to a 65-unit assisted living retirement facility in R-40 zone for Devon Park II -
824 East Fairview Avenue
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See aHached staff comments
CITY WATER DEPT:
CITY SEWER DEPT:
No comment
No comment
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
See aHached comments
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
See aHached comments
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
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Emailed:
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Staff Initials:
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Malerials presented at public meeflngs shall become properiy 01 the City 01 Meridian.
MAYOR
Tammy de Weerd
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LEGAL DEPARTMENT
(206) 466-9272 'Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(206) 696-5500 . Fax 696-9551
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Shaun Wardle
Charles M. Rountree
PLANNING AND ZONING
DEPARTMENT
(206) 664-5533 . FAX 666-6654
STAFF REPORT:
Hearing Date: October 7,2004
Transmittal Date: October 4, 2004
From:
Mayor, City Council and Planning & Zoning Commission
Brad Hawkins-Clark, Principal City Planner ~ ~
Bruce Freckleton, Development Services Manager ~
To:
Re:
DEVON PARK II (FAIRVIEW LAKES) - ASSISTED LIVING FACILITY
. Conditional Use PermitIPlanned Development for the Construction of a 65-Unit
Assisted Living Retirement Facility in an R-40 Zone, .by Fairview Lakes, LLC
(File No. CUP-O4-037)
We have reviewed the above referenced submittals and offer the following comments, as conditions
of approval. These conditions shall be considered in jùll, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant, Fairview Lakes, LLC, has applied for a detailed conditional use pennit (CUP) to
construct a 40,000 square foot, 65-unit assisted living facility in the Fairview Lakes/Devon Park
development currently under construction. This portion of the development is situated on a4.79 acre
site at the very north end of the overall project. The Master Site Plan also shows two future phases of
the project - one for independent senior living units (east of the assisted living building) and the
other shown as a "Future Building" (west of the assisted living building). However, detailed
elevations and floor plans were submitted for the independent units and staff is recommending the
eastern phase receive detailed review at this time. A CUP application is required to amend the
existing, detailed CUP. Meridian City Code (MCC) 11-8-1, Schedule of Use, prohibits nursing
homes/assisted living facilities in the R-40 zone. Therefore, a condition to rezone at least a portion of
the existing R-40 is included in this report.
This is the third detailed CUP application to be proposed within the Fairview Lakes mixed-use
development. The first was a 96-unit apartment complex located at the north end of the development
(which this application is proposing to amend). The second was for a 25,000-square foot, multi-
tenant retail building (now occupied by Hastings and Ada County DMV). (Please see the attached
CUP-O4-037
Devon Park II-Assisted Living.CUP
Planning & Znning Commission/Mayor & City Council
October 7, 2004 (Hearing Date)
Page 2
Exhibit A, "History of Files" summary sheet, for a comprehensive listing of all approved and
pending applications associated with this property.)
During the pre-application meeting, Mr. Doug Tamura (applicant representative) and staff discussed
a potential re-alignment of the multi-use regional pathway which courses through this development.
There
Both the proposed assisted living building and the independent living units are single story
construction. The facade is a combination of masonry, stucco and vinyl finish.
Staff is recommending approval of the application with conditions.
LOCATION
The property is located on the north side ofFairview approximately a Y> mile west of Locust Grove
Road. The property address is 824 E. Fairview Ave.
SURROUNDING PROPERTIES
North: The Willows Subdivision, zoned R-8.
South: Commercial property, zoned CoG and R-8 (a car lot).
East: Settlers Village and a car wash, zoned CO and R-8.
West: A mobile home park (Fairview Terrace Estates) and commercial property, zoned R-8 & CoG.
CURRENT OWNER OF RECORD
Fairview Lakes, LLC, of Meridian, ID, is the current property owner and they have submitted an
affidavit oflegal interest to allow the submittal for the planned development.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use permit if
they shall fmd evidence presented at the hearing(s) is adequate to establish (11-17-3):
A.
That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this ordinance;
Staff finds that the subject property is large enough to accommodate the requested
detailed uses (assisted living and independent living units). It remains undetennined at
this time if the "Future Building" on the west boundary will meet this finding. The
assisted living use requires a minimum of one (I) parking stall for every five (5) beds in
the facility, or 13 stalls total (for 65 units). The Site Plan lists 50 stalls being provided. It
is recognized, however, that the 1:5 bed ratio is likely low and assumes a higher
percentage of non-ambulatory residents than is often found in assisted living situations.
CUP-04-037
Devon Park II-Assisted Living.CUP
Planning & Zoning CommissionlMayor & City Council
October 7, 2004 (Hearing Date)
Page 3
The indeoendent living use (calculated as single family dwellings) requires one parking
stall for the one bedroom units and two parking stalls for the two bedroom units. Each
"Future Building" as shown on the plan contains two one-bedroom units and two two-
bedroom units. So, each free-standing building would require six (6) parking spaces. Each
unit shows a single car garage, in addition to the driveway apron parking in front of each
garage. Including the garage spaces, the off-street parking ratio is exceeded for this
independent living use area.
The other potential site modification relates to the condition of Sanitary Service Co.
(SSC), who is requesting more detail be provided on solid waste trash collection on the
site. The applicant must coordinate the design and location of the trash receptacles with
SSC. (See Site Specific condition #4.)
B.
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as "Mixed Use
Community". The Comprehensive Plan text policies of Chapter Vll, including the
requirement for all development to proceed through a CUP, are met with this application
and site plan. Staff finds the proposed senior residential use is hannonious with and in
accordance with the Comprehensive Plan.
Staff also finds that MCC 11-8-1 prohibits "Nursing Home" uses in the R -40 zone. A
nursing home is defined as a private establishment that provides living quarters and care
for the elderly or the chronically ill. The application calls the proposed use "assisted
living" and not a "nursing home." However, the nursing home definition in MCC 11-2-2
is clearly the same as what the applicant calls assisted living. We find that at least a
portion of the PfOPertv must be rezoned before this finding can be met for the assisted
living use.
"Retirement Homes" (undefined in MCC 11-2-2 but generally defined as being
independent living) are allowed with a CUP in the R-40 zone, which would allow the
independent living units to be constructed without rezoning the property.
C.
That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character ofthe same area;
Staff finds that the Planning & Zoning Commission and City Council have previously
detennined similar uses and site configuration to the subject application to be compatible
with the general neighborhood. It is generally accepted that apartment housing (the
existing, approved use) is a more intensive use than senior housing. In addition, staff
finds that the single story building designs are compatible with the adjacent residential
uses. Finally, the applicant is proposing to route all traffic south to the signalized
CUP-04-037
Devon Park II-Assisted Living.CUP
Planning & Znning CommissionlMayor & City Council
October 7, 2004 (Hearing Date)
Page 4
D.
E.
F.
G.
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CUP-04-037
intersection at N. Lakes A venue rather than via Clarene Street to the east. This should
help mitigate impacts on the Settlers Village Subdivision.
That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
Staff does not anticipate that the revised project will have an adverse impact on other
properties within the vicinity; however, the Commission and Council should consider any
testimony (written and oral) presented at the public hearings before making this finding.
To mitigate any potential adverse impact, the applicant must comply with the minimum
buffers between land uses widths.
That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fIre protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such services;
Staff finds that the revised development plans will be adequately served by the essential
public facilities and services listed above. The applicant has already received approval for
these services as part of previous applications. This finding must be met separatelv bv
SSC for the refuse disposal services once the applicant clarifies how trash collection will
be handled.
That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
Staff finds that the proposed use would not be detrimental to the economic welfare of the
community, nor would it create the need for any new facilities or services to be paid for
by the public that would be considered excessive. The use will be a net contributor to the
tax base and job base of the City.
That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that there will be similar levels of traffic and noise in the general vicinity of
the revised project when compared to the original approved project. Staff further finds
that approval of the revised project will not lead to a major increase in smoke, fumes,
glare, odors or other disturbances that will be considered detrimental to the welfare ofthe
City and the subdivision's neighbors.
That the proposed use will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding public
Devon Park II-Assisted Living.CUP
Planning & Zoning CommissionlMayor & City Council
October 7, 2004 (Hearing Date)
PageS
streets;
Staff finds that the proposed use and vehicular approaches will not create significant
interference with any traffic on the surrounding public streets. A traffic signal is now
operational for the intersection ofN. Lakes Avenue and E. Fairview Ave, which should
enhance the movement and circulation of traffic in this area.
Please review the ACHD report for this project for additional infonnation regarding this
finding.
I.
That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff finds that the Jackson Drain in Devon Park No.2, which was originally planned to
remain open as an amenity of the development, is now proposed to be piped. The Jackson
Drain is piped to the southeast but not piped through Trailway Subdivision to the
northwest and is an amenity of the City's regional multi-use pathway. The Commission
and Council should review the applicant's proposal at the public hearings and determine.
after testimonv is received. whether this finding can or cannot be met Also, existing trees
greater than 4" caliper must be retained or mitigated for, if removed.
SPECIAL CONSIDERATIONS
Construction Phasing: The application/site plan does not delineate a phase line or scope of
construction for this 4.79-acre portion of the development The cover letter states there are three
(3) phases, which are the three (3) different uses. However, it is unclear to staff if the developer
intends to construct all of the parking and landscaping shown on Sheet CUI. 1 or only the
required stalls associated with the assisted living use. As shown on Sheet CUl.0, there are
actually 77 stalls shown within the 4.79 acre site. This should be clarified at the P &Z
Commission hearing. Staff requests the application address this during the P&Z Commission
hearing
Multi-Use Pathwav Re-Alhmment: As noted in the summary, are-alignment of the public multi-use
pathway is in question with this application. Instead of jogging the pathway east, along the north side
ofE. Carol Street, it is proposed to continue the pathway along N. Lakes Avenue and eventually
connect to the northwest comer. Staff is supportive of the re-alignment However, since it is a change
ITom the original concept, it should be reviewed and approved with this application.
SITE SPECIFIC CONDITIONS
1.
Applicant shall meet all of the requirements of the previously approved Development
Agreement, Preliminary Plat, Final Plat and CUPIPD for Fairview Lakes and Devon Park,
unless modified below.
CUP-04-037
Devon Park II-Assisted Living.CUP
Planning & Zoning CommissionlMayor & City Councii
October 7,2004 (Hearing Date)
Page 6
2.
A detailed conditional use permit application is required for the building shown as "future"
on the west property line. This building is not approved with the subject application.
3.
No building pennit shall be issued for the proposed assisted living facility until that portion
of the property on which the facility is located is rezoned in accordance with City of
Meridian ordinances and procedures.
4.
The applicant/developer shall coordinate with the Meridian Parks Department to ensure the
multi-use pathway is constructed in appropriate alignment with the Jackson Drain pathway in
Trailway Subdivision. A written statement verifying Parks Department approval shall be
submitted to the P&Z Department prior to the first Certificate of Occupancy being issued on
the subject property.
5.
The submitted landscape plan, prepared by Tamura & Associates and dated 8-16-04 is
approved as submitted with one clarification: The "Honey Locust" tree species shown on the
plan shall not be a thomed variety.
6.
The applicant shall revise the Site Plan to provide a minimum 20-foot wide emergency
vehicle turnaround at the north terminus of the east driveway. The turnaround shall be
approved by the Meridian Fire Department.
7.
The applicant shall comply with the condition of Sanitary Service Company to allow a
minimum of 60 feet drive on clearance to all waste receptacles. The applicant shall
coordinate the design and location of the trash receptacles with SSC prior to any final action
bytheP&ZCommission. Submit a written approval from SSC and fifteen (15) copies of any
revised Site Plans (if necessary) to the City Clerk's Office.
STANDARD CUP CONDITIONS
I. Certificate of Occupancy: All required improvernents must be complete prior to obtaining a
Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the
amount of 110% of the cost of the required improvements (including paving, striping,
landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any
temporary occupancy will not exceed 60 days to complete the required improvements.
2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the
start of construction.
3. A drainage plan designed by a StateofIdaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn
water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog ofStonn Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into surface water is prohibited unless the jurisdiction which has authority over the receiving
CUP--Q4-037
Devon Park II-Assisted Living.CUP
Planning & Zoning CommissionlMayor & City Council
October 7, 2004 (Hearing Date)
Page 7
stream provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
4. Underground year-round pressurized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water. Applicant shall be required to utilize any existing surface or well
water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer shall be responsible for the payment of assessments for the common
areas prior to signature on the final plat by the Meridian City Engineer.
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 City Ordinance 12-
4-13. The ditches to be piped should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association, with written
confinnation of said approval submitted to the Public Works Department.
6. Submit compaction test results to the Meridian Building Department for all building pads within
lots receiving engineered backfill.
7. Comply with the conditions and comments of all City Departments, and other agencies
8. No signs are approved with the application. All signage requires separate permits.
9. All development and construction shall comply with the Americans with Disabilities Act.
10. All parking and circulation within the project shall be incompliance with MCC 11-13.
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN POLICE DEPARTMENT
I. No comments received.
MERIDIAN PARKS DEPARTMENT
I. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set
forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3,
sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
MERIDIAN FIRE DEPARTMENT
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
CUP-04-037
Devon Park II-Assisted Living.CUP
Planning & Zoning CommissionIMayor & City Council
October 7, 2004 (Hearing Date)
Page 8
b.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
c.
d.
e.
f.
2.
The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
3.
All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
3.
Provide a 20-foot wide Fire Lane for all internal and external roadways.
4.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5.
The proposed multi-family lot has an estimated 75 units with a total estimated populationof90
residents at build out The Meridian Fire Department has experienced 2397 responses in the year
2003. According to a report completed by Fire & Emergency Services Consulting Group our
requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
6.
Maintain a separation of 5-feet from the building to the dumpster enclosure.
8.
Provide a knoxbox entry system for the complex.
9.
Fire Sprinklers will be required for all buildings associated with this project.
10.
Provide exterior egress lighting as required by the International Building & Fire Codes.
11.
Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project.
12.
All patients within the proposed facility shall be ambulatory and capable of self-preservation.
RECOMMENDATION
Staff recommends approval of the Conditional Use Pennit, with conditions as noted above.
CUP...j)4-037
Devon Park II-Assisted Living.CUP
Planning & Zoning CommissionlMayor & City Council
October 7,2004 (Hearing Date)
Page 9
AZ-02-011
EXHIBIT A
DEVON PARK I FAIRVIEW LAKES
Fairview Lakes
Annexation & zoning to CoG, R-40, & CoN zones
Approved 11/26/02, Development Agreement Inst. No. 102143306,
First Addendum Inst. No. 103097614
CUP-02-0l4 Fairview Lakes
CUP/PD for 192-unit apartment complex, clubhouse,
114,500 s.f. commercial & 15,000 s.f. office
Approved 10/1/02 - SP rec. date 7/30/02
PP-02-034
MI-02-008
CUP-03-014
FP-03-033
MI-03-003
MI-03-007
CUP--O4-037
Devon Park Subdivision No.1 (southern portion of property adjacent to Fairview)
Preliminary Plat for 7 commercial bldg. lots on 14.31 acres
Approved 4/8/03 - PP date 12/9/02
Fairview Lakes
Request to construct a temporary private road for the construction of the
apartment complex
Approved 10/15/02
Fairview Lakes
CUPIPD Modification ofCUP-02-014
Detailed approval for 96-unit apartment complex; 52,250 s.f. office
Conceptual approval of 122,000 s.f. of commercial adjacent to Fairview
Approved 6/10/03 - SP date 2/11103 SD5.0
Devon Park No.1
Final Plat for 7 commercial bldg. lots and I common lot on 14.31 acres
Staff notified applicant that the final plat lot configuration was not consistent with
CUP-03-014 or PP-02-034. Applicant agreed that new conceptual approval was
necessary prior to construction on lots east of entrance road along Fairview.
Approved 7/8/03 - Surveyor stamped & signed 5/2/03
Fairview Lakes Addendum to Development Agreement
Requirement for traffic bollards on Teare to be removed.
Development Agreement Addendum Inst. No. 103097614
Fairview Lakes (Lot I, Block 2, Devon Park No.1 FP)
Requesting permission to begin construction prior to recording final plat
Approved 6/10/03
Devon Park II-Assisted Living.CUP
Planning & Zoning Commission/Mayor & City Council
September 16, 2004 (Hearing Date)
Page 10
PP-03-006
FP-03-055
CUP-03-054
Devon Park No.2 (northern portion of property)
Preliminary Plat for 17 bldg. lots and 2 other lots on 10.17 acres
Boundaries of PP include apartment complex portion at northern portion of site, a
single office lot on the west side of Lakes Ave. (Lot 19, Blk 1), 15 office lots on
east side of Lake, 2 common lots for parkingllandscapinglpublic pathway. The
boundaries include are-subdivision of Lot I, Block 2, Devon Park No. I. (not yet
platted)
Approved 7/1103 - SP approved by City Council 7/15/03
Devon Park No.2
Final Plat for 16 bldg. lots and 3 other lots on 10.17 acres
Approved by City Council 1 017/03 - Surveyor stamped & signed 9/8/03
Devon Park No.1 & 2
New conceptual approval that modifies the original CUP approvals regarding lot
configuration and structure size to be consistent with Devon Park No.1 (FP-03-
033) and preliminary plat approval of Lot 19, Block 1, Devon Park No.2 (PP-03-
034).
CUP-03-055 Devon Park No.1 (Lot 2, Block 1)
Detailed approval for 25,000 s.f. retail bldg.
Currently in process
AZ-O4-O12, CUP-O4-034
Devon Park IT-Assisted living.CUP
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Ada County Highway District
John S. Franden, President
David E. Wynkoop 1 st Vice President
Susan S. Eastlake, 2nd Vice President
Sherry R. Huber, Commissioner
Dave Bivens. Commissioner
3775 N. Adams Street
Garden City ID 83714-6499
Phone (2o8) 387-6100
FAX (2o8) 387-6391
E-mail: tellus@ACHD.ada.id.us
September 21, 2004
RECEIVED
SEP 24 2004
TO:
Tamura & Associates
Fairview Lakes LLC
499 Main Street
Boise, Idaho 83702
City of Meridian
City Clerk Office
SUBJECT:
MCUP04-037/MCZC04-068
Modify a 96-unit Apartment complex to a 65-unit assisted living facility
824 East Fairview Avenue
On July 10, 2002, the Ada County Highway District Commissioners acted on MAZ-02-011/MCUP02-
014/MPP-02-034/MPP03-006 for Fairview Lakes/Devon Park. The conditions and requirements also
apply to MCUP04-037/MCZC04-068.
If you have, any questions or concerns please feel free to contact this office at (208) 387-6170.
Sincerely,
(\Q..,Û-'~-/:ðn
Jo~e Newton
Development Analyst
Right-of-Way & Development Services
CC:
Project File, Construction Services, Drainage, Utilities
Lead Agency: City of Meridian
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Development Process Checklist
ij
- II
I8ISubmit a development application to a City or to the County
I8IThe City or the County will transmit the development application to ACHD
I8IThe ACHD PI8Dololl Review Dlvlsloo will receive the development application to review
I8IThe Plaonloll RevIew Dlvlsloo will do ~ of the following:
OSend a "No Review" letter to the applicant stating that there are no site specific
requirements at this time.
OSend a "Comply With" letter to the applicant stating that ifthe development is within a
platted subdivision or part of a previous development application and that the site specific requirements ftom the
previous development also apply to this development application.
OWrite a Stall Level report analyzing the impacts of the development on the
transportation system and evaluating the proposal for its confonnance to District Policy.
OWrite a Commlnloo Level report analyzing the impacts of the development on the
transportation system and evaluating the proposal for its confonnance to District Policy.
OThe Planning Review Division will hold a Techoleal Review meeting for all Stall' and Commlslloo
Level repel'll.
OFor ALL development applications, including those receiving a "No Review" or "Comply With"
letter:
The applicant should submit tWo (2) sets of engine=d plans directly to ACHD for review by the Developmeot Review
Dlvloloo for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then
architectural plans may be IUbmitted for purposes of impact fee calculation.)
The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including,
but not linùted to, driveway approaches, street improvements and utility cuts.
OPay Impact Fees prior to ¡nuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
0 Driveway or preperty Appreaeh(l)
Submit a "Driveway Approach Request" fonD to Ada ColDlty Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week tumarolDld for this approval.
0 Workloilio the ACHD Rlpt-or-Way
Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to
ACHD Construction - Permits along wüh:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphelt.
Construction (Subdivisions)
0 Sedlmeot " Erooloo Sohmlttal
At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division.
0 Idaho P-or Company
Vic Steelman at Idaho Power must have hislPCO approved set of subdivision utility plans prior to Pre-Con being scheduled.
0 Final ApprevaJ from Developmeot Servle..
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con.
Figure 1
....,.--,
.,¡¡tIf,;~"""'7 "
. ~ Ada County Highway District
Right-of-Way & Development Department
Planning Review Division
This application requires Commission action because of the number of vehicle trips per day that the site
generates, and is scheduled to be on the consent agenda on July 10, 2002 at 6:30 pm. Tech Review for this
item was held with the applicant on June 28, 2002. This item was revised on March 26, 2003 after the
Meridian City Council approved the item on March 25, 2003. Please refer to the attachment for request for
reconsideration guidelines. Staff contact: Andrea N. Tuning, 387-6177, atuning@achd.ada.id.us
File Number(s):
Fairview Lakes Apartment Complex / MAZ-02-011/ MCUP-02-014
Devon Park Subdivision/MPP-02-034
Devon Park Subdivision #2/MPP03-006
Site address:
824 East Fairview Avenue
Owner:
Fairview Lakes, LLC
111 Auto Drive, Suite 102
Boise, Idaho 83709
Applicant:
Hopkins Financial Services, Inc.
111 Auto Drive, Suite 105
Boise, Idaho 83709
Representative:
Tamura & Associates
499 Main Street
Boise, Idaho 83706
Application Information
The applicant is requesting annexation, rezone, conditional use and planned unit development approval to
construct a multi-family apartment complex and 35-commerciallretail/office lots. The site is located on the
north side of Fairview Avenue at approximately the mid mile marker between Locust Grove Road and
Meridian Road.
Acreage:
Current Zoning:
Proposed Zoning:
9.1 acres
RUT
R-40
Vicinity Map
A.
Findings of Fact
Trip Generation: This development is estimated to generate 10,960 additional vehicle trips per day
(0 existing) based on the submitted traffic study.
Impact Fees: The impact fee rate from the fee tables for.
1.
2.
0 Apartment is $781.00 per unit.
0 General Office is $2,169.00 per thousand square feet of gross building area, based on
the impact fee ordinance in effect at this time.
0 Specialty Retail is $1,885.00 per thousand square feet of gross building area, based
on the impact fee ordinance in effect at this time.
0 Bank with drive-thru is $9,990.00 per thousand square feet of gross building area,
based on the impact fee ordinance in effect at this time.
0 Fast Food with drive-thru is $4,715 per thousand square feet of gross building area,
based on the impact fee ordinance in effect at this time.
3.
Impacted Roadways:
Fairview Avenue
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
Teare Avenue
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Clarene Street
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Jericho Road
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
1,080-feet
Principal arterial
West of Locust Grove was 29,931 on 7-6-00.
"C"
35
Fairview Avenue and Jericho Drive intersection
60
Local residential
Not available
20
60
Local residential
Not available
20
0
Collector
North of Fairview was 3,850 on 8-7-01
Better than "C"
30
Jericho Drive and Fairview Avenue intersection
4.
Traffic Impact Study: A traffic impact study was required with this appiication. The submitted traffic
impact study was compiled by Dobie Engineering and the following is a summary of the findings:
This Development is projected to be built-out by the year 2005. The following is a summary or the
findings and recommendations provided by the Traffic Engineer:
2
The proposed Fairview Lakes Subdivision project is a proposed mixed use development including
apartments, professional offices, specialty retail, and restaurants. The project will be developed in
phases and is expected to reach full build out by the year 2005.
Fairview Avenue is a standard principal arterial with a 64 ft. wide five-lane urban section. The posted
speed limit is 35 mph east of Locust Grove Road. The Level of service for Fairview Avenue is
estimated to operate at a LOS B/C during the peak hour period in the year 2005 without the addition
of the site traffic.
This development is projected to generate 10,960 total trips, of which 1,230 will be captured within
the development. Of the remaining 9,730 trips 5,545 were estimated to be new to the area while
4,185 trips were estimated to be pass-by trips already on Fairview Avenue. These trips were based
on 192 apartment units, 15,000 sfof office space, 100,000 sf of retail use, a 5,600 sf bank, and 8,000
sf for restaurant. A trip capture rate of 11.2% was used. The totals from the revised application were
192 apartment units, 15,000 sf of office space, 92,800 sf of retail use, a 5,000 sf drive-in bank, a
4,000 sffasf food restaurant w/drive-thru, and a 12,000 sf high turnoverrasfaurant. The totals
presented In the traffic study are actually higher than those calculated for the applicatIon total. This is
the conservaüve approach which will safeguard against totals that may be higher than those
projected. The need for a signal at this intersection should not be affected by the difference in traffic
projections.
Intersection Type of Control 2002 PM - Existing 2005 PM- Existing
LOS LOS
Fairview/Eaale Siç¡nalized 0 E
Locust Signalized 0 0
Grove/Fairview
1st StreetlFairview Siç¡nalized 0 0
Cherry Signalized 0 0
LanelMeridian
East Unsignalized N/A F*
access/Fairview
West Signalized - N/A C **
access/Fairview Droposed
* - Site traffic will experience significant delay during the PM peak hour.
** - This analysis was based on the assumption that the west access will be approved for
Signalization. Approach traffic from the site will maintain acceptable service levels by that
time period with the addition of a traffic signal.
Fairview Avenue was evaluated for Level of service in the build out (2005) and 2020. The projections
for the peak hour were LOS C for 2005 and LOS E for 2020 based on a five-lane roadway. The
recommendation is that Fairview Avenue be expanded to handle the additional capacity needed after
year 2020.
The Traffic study reviewed the Signal Warrants from the 1988 MUTCD. The analysis indicates that
warrant #1 will be met with 75% of site traffic using the signalized intersection. Warrant #2 is met with
less than 50% of the site traffic. Similarly, warrants #9, #10, and #11 are all satisfied based on
projected traffic volumes.
3
5.
6.
7.
8.
Site Information:
The site is currently vacant.
Description of Adjacent Surrounding Area:
North: Meridian Place Subdivision Number 1
. South: Commercial! retail
. East: Fairview Terrace Mobile Home Park
. West: Settlers Village Re-subdivision
Roadway Improvements Adjacent To and Near the Site
The site has access to Fairview Avenue and two local residential stub streets, Teare Avenue and
Clarene Street.
Fairview Avenue is improved with 5-traffic lanes with no curb, gutter or sidewalk abutting the site.
There is curb, gutter and 5-foot concrete sidewalk located directly to the east of this property and was
constructed with carwash that is located on the northwest corner of Jericho Road and Fairview
Avenue.
Teare Avenue and Clarene Street are improved with 2-traffic lanes (37-feet of pavement) with curb,
gutter and 5-foot concrete sidewalk.
Jericho Road does not abut the site but would be utilized with the extension of Teare Avenue or
Clarene Street. Jericho Road is a collector roadway that is improved with 2-traffic lanes with curb,
gutter and 5-foot concrete sidewalk.
Existing Right-of-Way
Fairview Avenue is a principal arterial that currently has a total of 110-feet of right-of-way (55-feet
from centerline).
Teare Avenue and Clarene Street are local residential roadways with a total of 60-feet of right-of-way
(30-feet from centerline).
10.
Site History
On May 7,2000, the Commission reviewed and approved a preliminary plat, Teare Terrace, on this
site. Teare Terrace was proposed to be a 13-lotcommercial and residential subdivision. This
development proposed to extend Clarene Street into the property and extend south to connect to
Fairview Avenue. Teare Avenue was proposed to extend into the site as a cul-de-sac on the
property.
11.
Five Year Work Program
There are no improvements in the area that are scheduled in the Five Year Work Program.
12.
Signal Location
The District has chosen the location of the signal at the commercial/industrial roadway and Fairview
Avenue intersection due to the fact that:
. This location is at the half-mile
This location will serve more vehicle trips per day
. This location will pull vehicle trips per day off of Jericho Street (a collector roadway with front
on housing) and will place the vehicles on a commercial/industrial roadway
. This location will provide the surrounding residential homes with access to a signal
4
. This location can serve more vehicle trips per day on the North side of Fairview Avenue than
on the south side of Fairview Avenue
B.
Findings for Consideration
1.
Right-of-Way and Sidewalk
District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-
way allows for the construction of a 7 -lane roadway with curb, gutter, 5-foot concrete detached
sidewalks and bike lanes.
Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work
Program or in the currently adopted 20-year Capital Improvements Plan. As such, the applicant
cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The
applicant shall do one of the following:
a. Dedicate by donation an additional 5-feet of right-of-way along Fairview Avenue, and construct a
minimum 5-foot wide ooncrete sidewalk along Fairview Avenue. located a minimum of 53-feet from
the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide ooncrete sidewalk
along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way, in an
easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide ooncrete sidewalk
along Fairview Avenue, located at the back edge of the existing right-of-way. Acoomplish all
necessary adjustments to properly accommodate existing drainage and utilities.
2.
Roadway Offsets
District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an
arterial roadway (measured centerline to centerline).
The applicant is proposing to construct a commercial/industrial roadway that intersects with Fairview
Avenue 31 O-feet east of the west property line. This roadway location meets District policy and
should be approved with this application.
3.
Street Sections
District policy 7202.8 and 72-F1B, requires roadways abutting oommercial developments to be
oonstructed as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of
right-of-way.
The applicant is proposing to construct a commercial/industrial roadway that extends from Fairview
Avenue to the north. This roadway is proposed to cul-de-sac just before the proposed multi-family
residential apartment complex. This roadway will also provide a link that will connect into Teare
Avenue.
The proposed commercial/industrial roadway that the applicant is proposing will consist of a 40-foot
street section that includes 2-travellanes, a center turn lane, curb, gutter and 5-foot concrete
sidewalk within 54-feet of right-of-way. The proposed street section meets District policy and should
be approved with this application.
5
4.
Driveways
District policy F2-F5, requires driveways located on collector or arterial roadways with a speed limit of
35 to align or offset a minimum of 150-feetfrom any existing or proposed driveway.
District policy F2-F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways
to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to
near edge).
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type
facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for
driveways accessing collector and arterial roadways.
Fairview Avenue Driveway
The applicant is proposing to construct Dne 30-foot wide driveway on Fairview Avenue. This
driveway is proposed to intersect Fairview Avenue approximately 205-feet west of the east property
line. This driveway meets District policy and should be approved with this application.
Commercial/Industrial Street Driveways
The applicant is proposing to construct thirteen driveways on the proposed commercial/industrial
roadway. The driveways are proposed to be constructed in the following locations.
Driveway number 1 is proposed to intersect the commercial/industrial roadway
approximately 54-feet north of Fairview Avenue. This driveway is proposed to be 25-
feet in width.
. Driveway number 2 and 3 are proposed to intersect the commercial/industrial
roadway approximately 175-feet north of FBirview Avenue. These driveways are
proposed to align with one another. These driveways are proposed to be 17-feet in
width.
Driveway number 4 is proposed to intersect the commercial/industrial roadway
approximately 235-feet north of Fairview Avenue. This driveway is proposed to be
21-feet in width.
. Driveway number 5 is proposed to intersect the commercial/industrial roadway that
extends north from Fairview Avenue approximately 580-feet north of Fairview
Avenue. This driveway is proposed to be 22-feet in width.
. Driveway number 6 is proposed to extend directly north of the commercial/industrial
roadway and proposed to intersect the northem portion of the cul-de-sac. This
driveway is proposed to be 45-feet in width.
Driveway number 7 is proposed to intersect the commercial/industrial roadway that
runs east and west and is proposed to be located approximately 50-feet east of the
commercial/industrial roadway that extends from Fairview Avenue to the north. This
driveway is proposed to be 27-feet in width.
. Driveway number 8 is proposed to intersect the commercial/industrial roadway that
runs east and west and is proposed to be located approximately 255-feet east of the
commercial/industrial roadway that extends from Fairview Avenue to the north. This
driveway is proposed to be 20-feet in width
. Driveway number 9 is proposed to intersect the commercial/industrial roadway that
runs east and west and is proposed to be located approximately 430-feet east of the
commercial/industrial roadway that extends from Fairview Avenue to the north. This
driveway are proposed to be 25-feet in width.
6
.
Driveways number 10 and number 11 are proposed to be 30-feet in width and
located on the east and west side of the commerciallindustrial roadway just north of
the proposed roundabout.
Driveway number 12 and 13 are proposed to be 30-feet in width and located on the
east and west side of the commercial/industrial roadway approximately 160-feet
north of the proposed roundabout.
All of the proposed driveway locations meet District policy in regard to location.
All of the proposed driveway widths meet District policy EXCEPT for driveway number 6. Driveway
number 6 should be constructed a maximum of 35-feet in width.
5.
All Driveways
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with Di¡;trict policy, 7207.9.1, the applicant should be required to
pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge.
6.
Stub Streets
District policy 7203.5.1 and 7205.5 requires stub streets to provide intra-neighborhood circulation and
to provide access to adjoining parcels.
District policy 7203.3.2 requires an existing street or a street in an approved preliminary plat, which
extends at a boundary of a proposed development to be extended into that development.
The applicant is proposing to extend Teare Avenue. This extension will provide a connection from
Teare Avenue to Fairview Avenue. The extension of Teare Avenue meets the goals and intent of
District policy and has the supportive of District staff.
The District held a neighborhood meeting on Thursday March 20, 2003. The Teare Avenue extension
was approved by the Meridian City Council on March 25, 2003 after a number of neighborhood
concems arose.
Modification of Policy
The applicant is proposing to terminate Clarene Street at its current location and construct temporary
bollards for emergency access only. District policy requires that stub streets be constructed and/or
extended to adjoining properties to provide reasonable access and intra-neighborhood connectivity.
Staff would generally support the extension of Clarene Street into the site, but due to the fact that the
applicant is extending Teare Avenue to the residential neighborhood that is located to the northeast,
staff is supportive of the applicant's proposal to construct bollards at the terminus of Clarene Street.
With the construction of bollards, Clarene Street will be one-lot and less than 150-feet in depth,
therefore, the applicant will not be required to construct a temporary turnaround.
6.
Turnarounds
District policy 7204.9.2 requires turnarounds to be constructed to provide a minimum turning radius of
55-feet.
The applicant is proposing to dedicate a hammerhead turnaround at the west end of Clarene Street
on the applicant's property. This hammerhead turnaround will function as the property's frontage until
the preliminary plat is submitted and the roadways are formally dedicated. This hammerhead
turnaround is required to have bollards installed at the terminus of Clarene Street where the
7
7.
hammerhead begins. The applicant should also enter into a license agreement for the maintenance
of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to
access the tumaround.
The applicant is proposing to provide a permanent "hammerhead" easementto the District at the
terminus of North Lark Avenue. This easement is acceptable to the District but must be approved by
the Meridian Fire Department. The applicant should provide a permanent "hammerhead" easement
to the District at the terminus of the commercial/industrial roadway and provide documentation to the
District showing the review and approval of this configuration from the Meridian Fire Department.
Roundabout
The applicant is proposing to construct a roundabout within the commercial/industrial roadway
approximately 530-feet north of Fairview Avenue.
The roundabout should be designed with 21-foot street sections on either side of the center island.
The applicant will be required to dedicate sufficient right-of-way on either side of an island.
Coordinate the size and design of the roundabout with traffic services staff.
8.
Signalization
The applicant is proposing to construct a new signal at the intersection of Fairview Avenue and the
commercial/industrial roadway that extendS north into the site. The signal is proposed at the half
mile. The traffic study determined that the warrants would be met and that the existing signals in the
area would not be significantly impacted by the new signal. The District will contribute the hardware
necessary for the construction of the new signal and any related roadway improvements. The
applicant should plan, construct and install the signal that is proposed at the intersection of Fairview
Avenue and the commercial/industrial roadway that extends north into the site.
c.
Site Specific Conditions of Approval
1.
The applicant shall do one of the following:
Dedicate by donation an additional 5-feet ofright-of-way along Fairview Avenue, and construct a
minimum 5-foot wide concrete. sidewalk along Fairview Avenue, located a minimum of 53-feet from
the centerline of the right-of-way.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along
Fairview Avenue, located a. minimum of 53-feet from the centerline of the right-of-way, in an
easement provided to the District.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along
Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary
adjustments to properly accommodate existing drainage and utilities.
2.
Construct and install the signal and any related roadway improvements that are necessary for the
proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that
extends north into the site.
3.
Construct a commercial/industrial roadway that intersects with Fairview Avenue 310-feet east of the
west property line, as proposed.
8
4.
5.
6.
7.
8.
9.
10.
Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot concrete
sidewalk within 54-feet of right-of-way, as proposed. The portion of the commercial/industrial
roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage.
Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west of the
east property line, as proposed.
Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54-
feet north of Fairview Avenue, as proposed.
Construct two 17 -foot wide driveway to intersect the commercial/industrial roadway approximately
175-feet north of Fairview Avenue, as proposed.
Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235-
feet north of Fairview Avenue, as proposed.
Construct a 22-foot wide driveway to intersect the commerciaVindustrial roadway that extends north
from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed.
Construct a driveway with a maximum width of 35-feet to extend directly north of the
commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac.
11.
Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and
west and is proposed to be located approximately 50-feet east of the commerciaVindustrial roadway
that extends from Fairview Avenue to the north, as proposed.
12.
Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east and
west and is proposed to be located approximately 255-feet east of the commercial/industrial roadway
that extends from Fairview Avenue to the north, as proposed.
13.
Construct a 25-foot driveway to intersect the commercial/industrial roadway that runs east and west
and is proposed to be located approximately 430-feet east of the commercial/industrial roadway that
extends from Fairview Avenue to the north, as proposed.
14.
Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway just
north of the proposed roundabout, as proposed.
15.
Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway just
north of the proposed roundabout, as proposed.
16.
Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway
approximately 160-feet north of the proposed roundabout, as proposed.
17.
Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway
approximately 160-feet north ofthe proposed roundabout, as proposed.
18.
Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of
the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge.
19.
Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within
54-feet of right-of-way, as proposed.
9
20.
21.
22.
23.
Terminate Clarene Street at its current location and construct bollards for emergency access only, as
proposed.
Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street
due to the fact that the District will be unable to access the turnaround.
Provide a permanent "hammerhead" easement to the District at the terminus of the
commercial/industrial roadway and provide documentation to the District showing that this
configuration has been reviewed and approved by the Meridian Fire Department.
Construct a roundabout within the commercial/industrial roadway approximately 530-feet north of
Fairview Avenue. Design the roundabout with a minimum of 21-foot street sections on either side of
the center island. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and
design of the roundabout with traffic services staff.
24.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
D.
1.
Any existing irrigation facilities shall be relocated outside of the right-ofcway.
2.
All utility relocation costs associated with improving street frontages abutting the site shall be bome
by the developer.
Replace any existing damage 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.
3.
4.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
5.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
6.
Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to , District approval for occupancy.
7.
Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance.
8.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing
utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of
construction.
10
9.
10.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant orthe applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
E.
Conclusions of Law
1.
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity map
2. Submitted site plan
2.
11
Request for Reconsideration of Commission Action
1.
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff
or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action previously
requested to be reconsidered, an action whose provisions have been partly and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for reconsideration,
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request,
the Secretary shall cause the same to be placed on the agenda for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth new
facts and information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote, or information establishing an error of fact or
law in the earlier action. The request may also be supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action On the original matter at a meeting
where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
12
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1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
14¡~ilptember, 2004
Wi11iáttlG. Berg Jr.
City Clerk
City of Meridian
'""~2
RECEIVED
SEP 20 201J1t
phones: Areo Code 208
OFFICE: Nompo 466-7661
SHOP: Nompo 466-0663
City of Meridian
City Clerk Office
RE:
CUP 04-037/Devon Park II
Dear Will:
Due to plans being revised.,once;agein, Nampa & Meridian Irrigation District requires
that 'another Land Use Change Application be filed, for review, prior to final platting.
Please contact Donna Moore at 466-7861 for further infonnation.
Alllaterals and waste ways must be protected. The District's Jackson Drain courses
through this proposed project. This easement must be protected and any encroachment
without a signed License Agreement and approved plan, before any construction is
started, is unacceptable. Also pressure irrigation will need to be reviewed.
All municipal surface drainage must be retained on site. If any municipal surface
drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans. The developer must comply with Idaho Code 31-~Jì:Qp. It is recommended that
irrigation water be made available to all developments'_iri!ll-¡:Nampa & Meridian
Irrigation District.
Thank you,
ßwø~
Bill Henson
Asst. Water Superintendent
N ampa & Meridian Irrigation District'
BH/dbg
c: Water Superintendent
Tamara & Assoc., 499 Main St, Boise 83702
File - Office/Shop
APPROXIMATE IRRIGABLEACRES
RIVER FLOW RIGHTS. 23.000
BOISE PROJECT RIGHTS - 40,000
~&~~o~
15 September 2004
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
RECEIVED FAX#206-463-00n
SEP 2 D 2OO't Phones: Area Code 206
Doug Tamura
Tamura & Associates
499 Main Street
~-- _~oise,ID- 83702 --
City of Meridian
City Clerk Office
OFFICE: Nompo 466-7661
SHOP: Nompo 466-0663
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, 'f' ~--- .----
RE:
Land Use Change Application - Devon Park Subdivision D
Please note the District now requires three (3) sets of plans
Dear Mr. Tamura:
Enclosed please find a Land Use Change Application for your use to file with the Irrigation
District for its review on the above-referenced development. If this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop. I
Sincerely,
IJ UAß- 11 . ~~
Donna N. Moore, Asst. SecretaryfTreasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
DNM/smc
cc:
File
Water Superintendent
Will Berg, City Clerk, Meridian City
Fairview Lakes, LLC, 499 Main Street, Boise, ID 83702
enc.
APPROXIMATE IRRIGABlE ACRES
RIVER flOW RIGHTS - 23,000
BOISE PROJEQ RIGHTS - 40,000