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HomeMy WebLinkAboutSmitchger Subdivision PP PP 04c037 MERIDIAN PLANNING & ZONING MEETING November 4, 2004 APPLICANT Ustick Marketplace, LLC ITEM NO. 6 c REQUEST Preliminary Plat approval for 11 commercial building lots & 2 common lots on 36.93+ acres in a C-G zone for Smitchger Subdivision - NEC of Eagle Road and Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aOached Staff Comments CITY SEWER DEPT: CITY PARKS DEPT: No Comment See aOached Comments ---:; . e 0 W11'/W^ :t f-»"" ~ D \J LAC) tAV CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOl DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See aOached Comments See aOached Comments NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Phone: c/Çl1-1JÞ/.Q Contacted: Emailed: MAYOR Tammy deWeerd j olferi .Ii !M). IDAHO " ~c ~ ...." "T.....,..,.V~ i 1;11 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533. FAX 888'{;854 STAFF REPORT: Transmittal Date: November 1, 2004 P & Z Hearing Date: November 4,2004 To: Plarming & Zoning Commission, Mayor and City Council Brad Hawkins-Clark, Principal City Plarmer~ Bruce Freckleton, Development Services Manager ~ Smitchger Subdivision (a.k.a. Ustick Marketplace) From: Subject: R"-"""'~('F4.':T'T. 1.:il]'~ - i~' j ."J II £J. ) OCT 2 7 2004 City Of Meridian City Clerk Office . Preliminary Plat (PP) Approval of Eleven (11) Commercial Building Lots and Two (2) Common Lots on 36.93+ Acres in a CoG Zone, by Ustick Marketplace, LLC, (File No. PP-O4-037) APPLICATION SUMMARY The applicant, Ustick Marketplace, LLC, has applied for Preliminary Plat (PP) approval of eleven (11) buildable lots and two (2) common lots on 36.93 acres at the northeast corner of Eagle Road/SH 55 and Ustick Road. The property was annexed and zoned to General Retail and Commercial (C-G) in July 2004 under the name "Market Square." (See File No. AZ-04- 009 and Ordinance No. 04-1089.) A Development Agreement (DA) establishing use and design guidelines, among other issues, was entered into with the applicant and recorded in August, 2004 (Instrument No. 104107404). In September 2004, a one-time building permit was issued on the subject property for construction of a Lowe's Home Improvement store, The property is designated "Mixed Use-Regional" on the 2002 Comprehensive Plan Future Land Use Map. The proposed preliminary plat depicts eleven (11) new buildable lots, the extension of a new commercial road on the east boundary (as yet unnamed), and the completion of Baldcypress Road on the north boundary. Each of these improvements is consistent with the recorded DA which included both a detailed and conceptual site plan on the 36.9 acres. The detailed site approval was granted for the new roads, perimeter landscape buffers, and for Lot 1 (the Lowe's site). The conceptual approval was for the remainder of the property. On June 29, 2004, a Certificate of Zoning Compliance was issued by the P&Z Department approving detailed landscape plans for the perimeter landscape buffers on Eagle Road/SH 55, Ustick Road and the eastern 20-foot buffer between land uses. PP-{)4-037 Smitchger Subdivision.PP,doc P&Z Commission, Mayor & City Council Smitchger Subdivision Page 2 The DA also included a detailed list of permitted, conditional and prohibited uses on the property which will be in effect for all lots within Smitchger Subdivision. In addition to the DA, the applicant has recorded with Ada County "Easements, Covenants, Conditions and Restrictions" between Ustick Marketplace, LLC and Lowe's which outlines a number of terms that affect the entire subdivision. In June 2004, the Ada County Highway District Commission approved the Market Square armexation with a list of ten site specific conditions that "will apply upon receipt of a development proposal in the future". The subject application will likely constitute that application and staff anticipates each of ACHD's conditions will now apply, However, as noted below under "Special Considerations," ACHD's condition #8 (which required W, Broadleaf Street to be extended ITom Providence Place Subdivision as a vehicular connection) is in conflict with the City of Meridian's condition to only allow a pedestrian connection. As noted in the application, the Idaho Transportation Department has granted approach permits to Smith Brighton to Eagle Road/SH 55 for one right-inlright-out driveway approximately 740 feet north of Ustick (as shown on Lot 1, Block 1) and a shared full access with the Nazarene Church on Baldcypress Road. Staff has provided a detailed analysis and recommended conditions of approval for the requested preliminary plat application below. Staff recommends approval of the subject Preliminary Plat (PP-O4-037) with the conditions outlined in this report. LOCATION The subject property is located on the northeast comer of the intersection of Ustick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/Eagy/Ruwe annexation and west of Providence Place Subdivision in Boise City, It is located in Township 4 North, Range 1 East, Section 33. SURROUNDING PROPERTIES North - Two (2) parcels, totaling approx, 36 acres, owned by Boise Church of the Nazarene (zoned A, Boise City). South - Four (4) parcels, currently zoned RUT (the western two parcels were included in the Kissler/Cobbs/Ruwe and Kissler/Dealy armexation applications for C-G zoning), The two (2) eastemmost parcels are existing rural residential and designated MU-Regional on the City of Meridian Future Land Use Map, East - Providence Place Subdivision (zoned R-IC in Boise City). There are 19 single family residential lots abutting the east boundary. West - The pending Blue Marlin armexation (approx. 58 acres), owned by W,H. Moore Co. Pending zoning is CoG. OWNER OF RECORD The property owner of record is Ustick Marketplace, LLC. Matthew C. Smith has provided notarized consent to submit the subject application, P&Z Commission, Mayor & City Council Smitchger Subdivision Page 3 PRELIMINARY PLAT FINDINGS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "Mixed Use-Regional." The purpose of the Mixed Use designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. . .and to identify key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged, The intent of this designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VlI, pg. 97.) The C-G zoning generally conforms to this stated purpose and intent of the MU-Regional designation and the applicant was required through the DA to provide some professional office or other non-retail use on Lot 11, Block 1, Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Permit new, , ,commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) . "Require all developments adjacent to designated entryway corridors to provide a minimum 0135 feet of high quality, professional landscaping on the site adjacent to the roadway." (Chapter V, Goal III, Obj. B, #8) . "Require all commercial businesses to install and maintain landscaping," (Chapter V, Goal III, Objective D, Action item 5) . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" ITom the National Center for Bicycling and Walking in all land use decisions," (Chapter VI, Goal II, Objective A, Action item 3) The new road profile submitted with the application (see Exhibit A) shows 5-foot sidewalks and 5-foot bike lanes on both sides of the proposed new road, Staff strongly supports this proposed street location and design and believes it to be an asset of the application and development. . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) P&Z Commission, Mayor & City Council Smitchger Subdivision Page 4 The recorded DA requires the applicant to construct a 6-foot sound wall on the east property line in addition to a 20-foot wide landscape buffer, Other sound and light mitigation measures were placed upon future uses within the subdivision, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; Improvements to Ustick Road in this area have not taken place in the recent past, and none are anticipated by ACHD within the next 10 years (the roadway is not in ACHD's current Five-Year Work Program but is listed as project #85 in their 20-year CIP). Both the City of Meridian (through the approved czq and ACHD require a 5-foot detached sidewalk on Ustick Road abutting the site, The subject site can be serviced by the City of Meridian's sanitary sewer and water systems, Sanitary sewer and water mains would have to be extended into the site ftom Ustick Road and Eagle Roads. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property, The Meridian Fire Department has some concern about effective address signage for Lots 5 and 7 but is otherwise supportive of the subdivision. The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC), Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC ll-12-1.C. The Commission and Council should reference any written orverbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for development can be serviced by essential public facilities and services. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street inftastructure, utilities and irrigation, for the development at their cost. D. The public fmancial capability of supporting services for the proposed development; The developer will be financing .the extension of sewer, water, local/internal street inftastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the P&Z Commission, Mayor & City Council Smitchger Subdivision Page 5 applicant complies with the conditions of approval for the conditional use permit and preliminary plat applications. The Commission and Council consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff fmds the primary health and public safety issue related to this subdivision is the increase in vehicular traffic and the ongoing challenges facing Eagle Road/SH 55. While this preliminary plat application does not, in and of itself, propose new uses on the property, the plat does create the ability to more easily market and convey lots to new commercial users. An approved preliminary plat grants the owner an entitlement to create final, buildable lots - assuming the fmal plat substantially conforms. There are no required findings that must be made related to traffic or public safety with final plat applications. The Commission and Council should rely upon the traffic estimates and testimony of law enforcement, emergency response and transportation professionals and regular drivers of Eagle and Ustick Roads in making this required fmding. The Commission and Council should also note both the public and agency/department testimony already in the public record regarding this site for the Market Square hearings regarding traffic safety on Ustick and Eagle Roads. ITD recently completed the Eagle Road Corridor Study which analyzed the potential signalization of intersections in this area. The Traffic Impact Study prepared for the Market Square annexation application (by Earth Tech Engineers) projected the site at build-out will generate an external Average Daily Traffic of 10,825 vehicles per day, an AM peak traffic of 272 vehicles per hour and a PM peak traffic of 945 vph. Approximately 35 % of the total traffic is projected to have Ustick Road destinations and 65% to have Eagle Road destinations. ACHD is allowing two driveways, a right-inlright-out and a full-access, on Ustick Road. They have also preliminarily approved the new signal proposed at the east property line. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 1. W. Broadleaf Street Extension: ACHD's site specific condition #8 (requiring W. Broadleaf Street to be extended from Providence Place Subdivision as a vehicular connection) is in conflict with the City of Meridian's condition to only allow a pedestrian connection at this point. While staff has no reason to believe ACHD opposes the pedestrian-only connection, we do recommend the applicant obtain a written statement from ACHD stating their approval of the design. Such written statement should become part of the subject application to "clean up" the conflicting conditions in the recorded DA. (See Site Specific condition #2.) 2. Ricl1t-ln/Ricl1t-Out Drivewav DesÏ!m: No details were provided with the preliminary plat regarding the design of the RIRO approach to Eagle Road/SH 55 on Lot 1, Block 1. If the applicant intends to construct a "pork chop" island or other traffic device on a separate P&Z Commission, Mayor & City Council Smitchger Subdivision Page 6 common lot within this driveway, this should be reflected on the plat. Applicant should clarify this design at the P&Z Commission hearing. 3. Baldcvpress Road and "New Road" Street Buffers: The submitted landscape plan for the preliminary plat (prepared by JensenBelts Associates., dated 6-18-04) does not include landscaping details for the south side of Baldcypress Road or for the west side of the "New Road" on Lot 11, Block 1. Meridian City Code 12-13-10-4 requires a 10-foot wide landscape buffer along local/commercial streets. Street buffers are improvements required in Title 12 (Subdivision and Development Ordinance) and, as such, are required to be constructed bv the subdivider. Unless these buffers lie within different final plat phases (which it does not appear since there are no phase lines shown), the landscape plan should be revised to include the lO-foot street buffer details on Baldcypress and the "New Road" and said improvements made by the developer as part of this subdivision. (See Site Specific condition #3 and #4.) SITE SPECIFIC CONDITIONS lPRELIl\flNARY PLAT) 1. All conditions of the recorded Development Agreement (Instrument No, 104107404) shall also be considered conditions of the Preliminary Plat (PP-04-037). 2. Prior to the City Council hearing for this application, applicant shall submit a written statement ITom ACHD to the P&Z Department that approves of the pedestrian connection to W. Broadleaf Street ITom "East Street" in lieu of a vehicular connection, 3. Applicant shall make the following modifications to the preliminary plat and submit 10 full- size copies and one reduced copy to the City Clerk at least 10 days prior to the City Council hearing for this application: a. Graphically depict a minimum 10-foot wide landscape buffer/easement along the west side of "New Road" AND the south side of Baldcypress Road, b. Graphically depict a minimum 35-foot wide landscape buffer/easement along Ustick Road. c, Graphically depict the new easement for the relocated Leighton Lateral on the face of the plat. d. Either extend Lots 12 and 13, Block 1 at the W. Broadleaf Street access point to reduce the right-of-way to 10 feet (to match the landscape plan) OR submit a copy of a License Agreement with ACHD allowing landscaping within their right-of- way. e. ModifY Note #6 to read as follows: "Joint ingress/egress easements shall be provided at plattæg with the final plat to all buildable lots within the subdivision." 4, Applicant shall submit a revised, detailed Landscape Plan with the final plat application that includes the 10-foot street buffer details on Baldcypress and the "New Road." Said improvements shall be made by the developer/subdivider as part of the final plat phase that includes these buffers/street improvements, P&Z Commission, Mayor & City Council Smitchger Subdivision Page 7 5. 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, Wells may be used for non-domestic purposes such as landscape irrigation 6, Any tree over 4" in caliper that is removed ÍÌ'om the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 7. A detailed fencing plan must be submitted upon application of the final plat. Said plan should show the location and construction details of the sound wall required in the DA along the east boundary. Unless otherwise approved by the City, all fencing shall be constructed in accordance with MCC 12-4-10. 8, In accordance with Meridian City Code, all irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site shall be covered or tiled, Any ditch, canal or lateral to be piped shall be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 9, 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. The applicant proposes Settlers Irrigation District to own and maintain the pressurized irrigation system, The 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 City Engineer. 10, Sanitary sewer and water service to this site shall be via main line extensions ÍÌ'om existing mains installed adjacent to the property, The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. Cover over the sanitary sewer shall be no less that three-feet ÍÌ'om finish gradeto the top of pipe. Each building lot within this development shall be subject to paying sanitary sewer and water latecomer fees at the time of building permit issuance, 11. Other than the access points that have specifically been approved with this application by ACHD, direct lot access to Eagle Road/SH 55 and Ustick Road is prohibited, 12. Any drainage areas (detention/retention basins) must be designed t.o ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1O0-year storm event. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases, P&Z Commission, Mayor & City Conncil Smitchger Subdivision Page 8 13. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 14. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants, 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16, All sidewalks shall be constructed in accordance with MCC l2-5-2,K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided 17, A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 18, Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 19. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 20, Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 21. Plat approval shall be subject to the expiration provisions set forth in MCC, 22. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance, OTHER AGENCYillEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1, The applicant is requested to coordinate with the Meridian Fire Marshall regarding the addressing of future buildings on Lots 5 and 7, Block 1 to ensure adequate emergency response to these lots from Eagle Road, 2, Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. P&Z Commission, Mayor & City Council Smitchger Subdivision Page 9 c, Fire hydrant markers shall be provided per Public Works spec, d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, e. Fire Hydrants shall be placed on corners. f, Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. 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, 5. Provide a 20' wide Fire Lane for all internal & external roadways. 6. All entrance and internal roads shall have a turning radius of28' inside and 48' outside, 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 9, Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 10. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 11. The 11 commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. 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. 12. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles, This cost of this installation is to be borne by the developer 13. Maintain a separation of5' from the building to the dumpster enclosure. 14. Provide a Knoxbox entry system for the complex, 15. Paint the curb red and provide signage "No Parking Fire Lane". 16. All processes & storage practices shall be required to comply with the International Fire Code. P&Z Commission, Mayor & City Conncil Smitchger Subdivision Page 10 17. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 18. No Parking signs and painted curbs will be required for all Fire Lanes, 19, Provide exterior egress lighting as required by the International Building & Fire Codes. SANITARY SERVICE COMPANY 1. SSC has no comments related to this application, MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2, Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. RECOMMENDATION Staff recommends approval of the submitted Preliminary Plat (PP-04-037) application with the conditions listed herein. We do emphasize, however, that the required Finding E regarding public safety and traffic generation must be addressed by the Commission and Council during the public hearing process before approving the application. - ...,;;a...-... '~.'- Ada County Highway District John S, Franden, President David E. Wynkoop 1st 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 (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id,us October 20, 2004 To: Ustick Market Place, LLC 12601 West Explorer Drive, Suite 200 Boise Idaho 83713 RECEIVED OCT 26 2004 Subject: Ustick Market Place Subdivision / MPP-04-037 11-commercial subdivision NEC Ustick Road and Eagle Road City of Meridian City Clerk Office On October 19, 2004, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6177. Andrea N. Tuning Planner III Right-of-way & Development Services, Planning Division CC: Project file, Construction Services, Drainage, Utilities City of Meridian Earl Mason & Stanfield 314 Badiola Street Caldwell Idaho 83605 .., III;'~i",- JW. Ada County Highway District Right-of-Way & Development Department Planning Review Division This application does not require Commission action due to the fact that the applicant previously acted on MClC-04-053 on August 18,2004, This item is approved on Tuesday October 19,2004, Please refer to the attachment for appeal guidelines. Staff contact: Andrea N. Tuning, 208-387-6177, 208-387-6393-fax, atuninq@achd.ada.id,us File Numbers: Ustick Market Place Subdivision / MPP-O4.037 Site address: Northeast corner of State Highway 55 (Eagle Road) and Ustick Road Owner/Applicant: Smith Brighton 12601 West Explorer Drive, Suite 200 Meridian, Idaho 83642 Representative: Earl, Mason and Stanfield 314 Badiola Street Caldwell, Idaho 83605 Application Information: The applicant has submitted an application to the City of Meridian requesting preliminary plat approval to construct an 11-lot commercial subdivision on 36.93-acres, The site is currently zoned C-G. The 36.93- acre site is located on the northeast corner of State Highway 55 (Eagle Road) and Ustick Road. Acreage: 36.93-acres Current Zoning: C-G Buildable Lots: 11-lots Common Lots: 2-lots Vicinity Map A. Findings of Fact 1. Trip Generation: This development is estimated to generate 5,060 vehicle trips per day (including the existing Lowe's Home Improvement Store) based on the submitted traffic impact study. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 2. 3. Traffic Impact Study: A traffic impact study was submitted with this application. The submitted traffic study is for the entire site which is anticipated to contain a future Lowe's Home Improvement Store, several other retail pads and a future multi-family housing complex. The traffic study was compiled by Earth Tech Engineers. The following information is the executive summary of the submitted traffic impact analysis. EXECUTIVE SUMMARY The site is proposed north of Ustick Road and east of State Highway 55 (Eagle Road) in Meridian, Idaho, The site is estimated to have 358,000 square feet of shopping center and 56 multi-family residential units. Eagle Retail development is projected to be complete by 2010. . This site is projected to generate an external average daily traffic (ADT) of 10,825 vehicles per day, an AM peak traffic of 272 vehicles per hour, and a PM peak traffic of 945 vph. . Results from site traffic distribution indicate the following traffic patterns: 15% of the site traffic is projected to have origins/destinations west of the site and travel on Ustick Road west of State Highway 55 (Eagle Road) . 20% of the site traffic is projected to have origins/destinations east of the site and travel on Ustick Road east of State Highway 55 (Eagle Road) . 35% of the site traffic is projected to have origins/destinations south of the site and travel on State Highway 55 (Eagle Road) south of Ustick Road . 30% of the site traffic is projected to have origins/destinations north of the site and travel on State Highway 55 (Eagle Road) north of Ustick Road . At build out year 2010, this site is projected to add approximately 3,400 vpd on State Highway 55 (Eagle Road) and Ustick Road, which is approximately 9% of the total traffic on State Highway 55 (Eagle Road) and 21 % of the total traffic on Ustick Road. . As a 5-lane principal arterial, State Highway 55 (Eagle Road) is projected to have sufficient capacity to accommodate the long-term traffic growth and site traffic generated by this site. Auxiliary lanes maybe required at intersections. . By 2010, Ustick Road would need to be widened to three lanes east of State Highway 55 (Eagle Road) with or without site traffic. . By 2025, Ustick Road would need to be widened to three lanes west of State Highway 55 (Eagle Road) and four lanes east of State Highway 55 (Eagle Road) with or without site traffic, . At build out year 2010, this project is projected to contribute approximately 10% of the total PM peak traffic at State Highway 55 (Eagle Road) and Ustick Road intersection. 2 . State Highway 55 (Eagle Road) and Ustick Road intersection is projected to operate under PM peak hour traffic conditions as follows: . 2004 Existing . 2010 Background . 2010 Background + Site' . 2025 Background . 2025 Background + Site: E F F F F . At build out year 2010, State Highway 55 (Eagle Road) and Ustick Road intersection would require the following improvements to operate at LOS E: . Add a right-turn lane on eastbound approach . Add a right-turn lane on westbound approach . Add another left-tum lane on westbound approach . The proposed site Access #1 on State Highway 55 (Eagle Road) is located approximately 530 feet north of State Highway 55 (Eagle Road) and does not meet the ITD spacing requirement per access control management on State Highway 55 (Eagle Road), If allowed, auxiliary lanes are warranted on State Highway 55 (Eagle Road) . If allowed, the proposed site access approach is projected to operate at LOS F as a stopped-control intersection under PM peak traffic conditions . Baldcypress Street is a partially existing road and meets the ITD access control spacing requirement. It is located approximately X mile north of State Highway 55 (Eagle Road). . The opening of Baldcypress Street on State Highway 55 (Eagle Road) would require a right-turn lane on the northbound approach and restriping the existing 2- way left-turn lane for an exclusive left-turn lane on the southbound approach on State Highway 55 (Eagle Road) . At build out year 2010, the approach on Baldcypress Street is projected to operate at LOS F as a stopped-control intersection under PM peak traffic conditions . The intersection does meet warrants for a traffic control signal but does not meet the ITD spacing requirement for signalized intersections on State Highway 55 (Eagle Road), which is a Type IV access control facility . The proposed site Access #1 on Ustick Road is located approximately 350 feet east of State Highway 55 (Eagle Road) and does not meet the ACHD spacing requirements for a full access. . The proposed site access does meet the ACHD spacing requirements for a right- in-right-out access . Right-turn lane at least 210 feet in length is warranted on westbound approach At build out year 2010, right-tum from the proposed site access approach is projected to operate at LOS C as a stopped-control intersection under PM peak traffic conditions . The developer is proposing the site Access #2 on Ustick Road to be signalized at build out year. Site Access #2 is located approximately X mile east of State Highway 55 (Eagle Road) . The intersection does meet warrants for a traffic control signal . Right-tum lane at least 210 feet in length is warranted on westbound approach . Left-turn lane at least 100 feet in storage length is warranted on eastbound approach . At build out year 2010, the proposed site access intersection is projected to operate at LOS B as a signalized intersection under PM peak traffic conditions 3 4 4. Impacted Roads State Hiahwav 55 lEaale Road): Frontage: Functional Street Classification: Traffic count: 1,290-feet Principal Arterial South of Ustick Road was 20,182 on 10-29-02, North of Ustick Road was 18,898 on 10-29-02, Currently better than C 55-MPH Level of Service: Speed limit: Ustick Road: Frontage: Functional Street Classification: Traffic count: 1,230-feet Minor Arterial West of State Highway 55 (Eagle Road) was 7,707 on 4-5-00. East of State Highway 55 (Eagle Road) was 9,926 on 4-5-00, Currently better than C 45-MPH Level of Service: Speed limit: 5. Site Information: The site currently has an existing 169,793-square foot home improvement store and garden center. 6. Description of Adjacent Surrounding Area: a. North: 35.81-acres owned by the First Church of Nazarene b. South: Ustick Road and 34.229-acres that include large acreages with single-family dwellings c. East: Providence Place (single-family residential neighborhood) d. West: State Highway 55 (Eagle Road) and 41.24-acres that include large acreages with single-family dwellings Roadway Improvements Adjacent To and Near the Site Ustick Road is currently improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. Ustick Road widens to 3-lanes at the Ustick Road / State Highway 55 (Eagle Road) intersection, There is sidewalk to the east of this site that was constructed as a part of Providence Place Subdivision. 7, State Highway 55 (Eagle Road) is currently improved with 5-traffic lanes with no curb, gutter or sidewalk abutting the site. The Ustick Road / State Highway 55 (Eagle Road) intersection is currently signalized. 8, Existing Right-of-Way Ustick Road currently has a total of 50 to 84-feet of right-of-way (25 to 42-feet from centerline), State Highway 55 (Eagle Road) currently has a total of 140-feet of right-of-way (lO-feet from centerline). 9, Existing Access to the Site The site currently has two existing driveways that access the public transportation system. There is an existing driveway that intersects Ustick Road approximately 168-feet west of the east property line. This driveway accesses an existing single-family residential home. 12, B. 1. 5 There is an existing driveway that intersects State Highway 55 (Eagle Road) approximately 600-feet north of Ustick Road. This driveway accesses an existing mobile home. 10, Site History The District previously reviewed this site as a part of a rezone and certificate of zoning compliance application (MRZ-04-00g and MCZC-04-053) , The findings of fact and conditions of approval of this report are consistent with the findings of fact and conditions of approval of the previous applications, 11. Capital Improvements PlanlFive Year Work Program Ustick Road is not included in the District's Five Year Work Program, but is identified as items #85 and #86 in the District's Capital Improvements Plan. Ustick Road (from Cloverdale Road to Locust Grove Road) is anticipated to become a 5-lane roadway with curb, gutter and sidewalk in the time period 2014 - 2018, Other Development in Area This is the last corner of the Ustick Road / State Highway 55 (Eagle Road) intersection that the District has reviewed. Each of the four corners are zoned commercially (G-C). Findings for Consideration Right-of-Way and Sidewalk District policy requires g6-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes, District policy requires 5-foot wide (minimum) concrete sidewalk on all arterial roadways. This segment of Ustick Road is in the Capital Improvements Plan to be improved with 5-traffic lanes with curb, gutter and sidewalk abutting the site. After analyzing the site, staff believes that the intersection will require 7 to 8-lanes at the intersection of Eagle Road and Ustick Road, To accommodate for the additional lanes at the intersection, staff recommends acquiring the right-of-way that is anticipated for 7 to 8-lanes at the intersection, From Eagle Road to 50D-feet east of Eagle Road Dedicate 60-feet of right-of-way from the centerline of Ustick Road (from Eagle Road to 500-feet east of Eagle Road) abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. The applicant should construct a 5-foot concrete sidewalk located a minimum of 53-feet from the centerline of Ustick Road abutting the entire site, If the sidewalk meanders outside of the right-of- way, the applicant should provide the District with an easement for the sidewalk. 6 SOD-feet east of Eagle Road to the East Property Line Dedicate 48-feet of right-of-way from the centerline of Ustick Road (from 500-feet east of Eagle Road to the east property line) abutting the parcel by means of a warranty deed, The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available, The applicant should construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Ustick Road abutting the entire site, If the sidewalk meanders outside of the right-of- way, the applicant should provide the District with an easement for the sidewalk, State Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation Department. The applicant should contact the Idaho transportation Department for any requirements regarding the dedication of additional right-of-way and the construction of sidewalk. 2. Access Points District policy 7204.6,14 States that direct access to arterials and collector is normally restricted, The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is infeasible the District may consider direct access points based on the following guidelines: . Less than 150-feet of continuous frontage 1-access point . 150-feet to 600-feet of continuous frontage 2-access points . Greater than 600-feet of continuous frontage 3-access points Once the access points have been approved, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. The applicant is proposing to construct three access points to intersect Ustick Road. The applicant is proposing to construct one public roadway and two driveways. The number of access points that have been proposed meet District policy and should be approved. The applicant is proposing to construct two access points to State Highway 55 (Eagle Road). State Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation Department. The applicant should contact the Idaho transportation Department for any requirements regarding access restrictions. 3. Driveways District policy 7207,9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb retum type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 3D-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, Driveways on Ustick Road District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet from the signalized intersection for a full-access driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only driveway. District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 45 to align or offset a minimum of 230-feet from any existing or proposed driveway. The applicant is proposing to construct a 26-foot wide right-in right-out ONLY driveway that intersects Ustick Road approximately 392-feet east of State Highway 55 (Eagle Road). The proposed driveway meets District policy in regard to width and location and should be approved with this application. The applicant should construct a 6-inch raised median within Ustick Road to restrict the driveway function to right-in/right-out ONLY. The applicant should coordinate the design and installation of the raised median with the District Staff. The applicant is proposing to construct a 36-foot wide full access driveway that intersects Ustick Road approximately 750-feet east of State Highway 55 (Eagle Road). The proposed driveway meets District policy in regard to width and location and should be approved with this application. Driveways on the Collector Roadway Located at the East Property Line District policy 72-F4 (1) requires driveways located on collector roadways near a signalized intersection to be located a minimum of 175-feet from the signalized intersection for a full-access driveway and a minimum of a5-feet from the signalized intersection for a right-in/right-out only driveway. The applicant is proposing to construct a 36-foot wide full access driveway that intersects the proposed collector street that is located on the property's east property line. The driveway intersects the proposed street approximately 305-feet north of Ustick Road. This driveway meets District policy and should be approved with this application. The applicant is proposing to construct 36-foot wide full access driveway that intersects the proposed collector street that is located on the property's east property line. The driveway intersects the proposed street approximately 670-feet north of Ustick Road. This driveway meets District policy and should be approved with this application. Driveways on Bald Cypress Road District policy F2-F4 (1) and 72-F4 (2), requires driveways located on commercial[¡ndustrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). The applicant is proposing to construct a 36-foot wide driveway that intersects Bald Cypress Road approximately 310-feet east of State Highway 55 (Eagle Road). This driveway meets District policy and should be approved with this application. The applicant is proposing to construct a 36-foot wide driveway that intersects Bald Cypress Road approximately 300-feet west of the proposed commercial street that is located on the property's east property line. This driveway meets District policy and should be approved with this application. The applicant is proposing to construct a 36-foot wide driveway that intersects Bald Cypress Road approximately 670-feet west of the proposed commercial street that is located on the property's east property line, District policy F2-F4 (1) and 72-F4 (2), requires driveways located on 7 8 commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). Driveways on State Highway 55 (Eagle Road) The applicant is proposing to construct one driveway to State Highway 55 (Eagle Road). State Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation Department. The applicant should contact the Idaho transportation Department for any requirements regarding driveway offset requirements. 4, Roadway Offsets - Modification of Policy District policy 7204.11.6 States that the optimum spacing for collector intersections along arterial roadways is 1, 700-feet to allow adequate signal spacing. The minimum spacing that is acceptable for collector intersections along arterials is 1,300-feet. The applicant is proposing to construct a collector roadway that intersects Ustick Road approximately 30-feet west of the east property line. The roadway is proposed to be located approximately 1,200- feet east of State Highway 55 (Eagle Road) and 675-feet west of Duane Drive. This roadways location does not meet the minimum offsets established by District policy for collector roadways intersecting arterial roadways. Traffic Services staff have analyzed this area and determined that a quarter mile collector is appropriate due to the fact that a collector roadway could extend from Ustick Road to Fai.rview Avenue through the undeveloped parcels to the south of Ustick Road. Based on the Traffic Services Staff's Analysis, staff is recommending a modification of policy to allow the collector roadway to be constructed approximately 1 ,200-feet east of State Highway 55 (Eagle Road), as proposed. The applicant is proposing to construct one public roadway to intersect with State Highway 55 (Eagle Road). State Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation Department. The applicant should contact the Idaho transportation Department for any requirements regarding roadway offset requirements. 5, Street Sections - Modification of Policy Commercial Streets District policy 7202.8 and 72-F1B, requires roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. The applicant (in a cooperative effort with surrounding properties) is proposing to complete Bald Cypress Road just north of this property, Bald Cypress Road was partially constructed as a part of Providence Place Subdivision. It was constructed as a 36-foot commercial roadway with vertical curb and gutter abutting approximately 75% of the site and was not completed abutting the remaining 25% of the site due to the fact that the Idaho Transportation Department had not approved the access point to State Highway 55 (Eagle Road), The applicant should widen the street section at the intersection of Bald Cypress Road to a 50-foot street section, as proposed, to accommodate for three traffic lanes and the applicant should complete the street section to provide a 36-foot street section to include vertical curb, gutter and sidewalk abutting the entire site, as proposed. The applicant will be required to dedicate the right-of-way that is necessary to accommodate for three traffic lanes on Bald Cypress Road, Collector Roadways District policy 72-F1B requires collector roadways to be constructed as a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 70-feet of right- of-way with parking prohibited on both sides. The applicant is proposing to construct a collector roadway abutting the east property line. The applicant is proposing to construct the proposed collector roadway as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk abutting the majority of the site with a 50-foot street section with vertical curb, gutter and sidewalk at the intersections of Ustick Road and Bald Cypress Road, The District typically requires collector roadways to be constructed as 46-foot street sections with vertical curb, gutter and 5-foot detached concrete sidewalk within 70-feet of right-of-way. The District will examine alternative street sections for collectors if the traffic volumes and safety within the area can be accommodated by an altemative street section. Staff has examined the proposed street sections anticipated traffic volumes and believes that a two lane collector roadway that provides three lanes at the intersections will be safely and adequately carry the anticipated traffic from this site and the surrounding area. 6. Public Roadways The dedication of public right-of-way can only occur by means of recordation of a final subdivision plat or execution of a warranty deed. The applicant will be required to dedicate the required right-of- way by means of recordation of a final subdivision plat or execution of a warranty deed prior to the District accepting the new collector roadway on the east property line. 7. Stub Streets District policy 7203.5,1 States that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non-continuous streets." District policy 7205.5 States that stub streets will be required to provide intra-neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feel. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition. a stub street must meet the following conditions: 1, A stub street shall be designed to slope towards the street intersection and drain surface water toward that intersection; unless a satisfactory storm drain system is installed. 2, The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions, The applicant is not proposing to extend Broadleaf Street from the east property line. The applicant is proposing to construct a pedestrian pathway ONLY from Broadleaf Street to the proposed collector streel. The applicant's proposal is consistent with the Meridian City Council action for the annexation and rezone that took place on June 15, 2004. In order to preserve the option to open the roadway in the future, the applicant is proposing to dedicate the right-of-way that is necessary to construct the stub street in the future if the connection is desired to be opened at some point in the future. Staff is supportive of the applicant's proposal to dedicate the right-of-way for a vehicular connection for future use while constructing a pedestrian connection for the time being in lieu of a vehicular connection due to the fact that a vehicular connection to the subdivision will be obtained with the completion of Bald Cypress Road, 9 10 8, Ustick Road Improvements The applicant is proposing to improve Ustick Road with vertical curb. gutter, sidewalk and pavement widening. If the developer chooses to construct the full improvements on Ustick Road, all of the associated costs shall be at Developer's sole expense unless the applicant enters into a Cooperative Development Agreement approved by the ACHD Commission. If the applicant does choose to improve Ustick Road at the sale expense of the applicant, Ustick Road should be constructed as a 96-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk (or 7-foot attached concrete sidewalk) from State Highway 55 (Eagle Road) for a distance of 500-feet. The applicant should then transition to a 72-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk (or 7-foot attached concrete sidewalk) abutting the remainder oflhe site on Ustick Road. If the applicant chooses to meander the sidewalk on Ustick Road outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. The applicant should also obtain a license agreement for the landscaping strip and the meandering sidewalk. The license agreement must be approved prior to plans acceptance and issuance of a building permit. The minimum requirements that the applicant is required to complete include a center turn lane on Ustick Road and right-turn lanes at each of the site's entrances. These improvements are equivalent to 36-feet of pavement from the centerline of Ustick Road. **see the proceeding section for further details 9. Turn Lanes Based on the submitted traffic impact study, the site generated traffic requires the construction of a center turn lane on Ustick Road. The applicant should construct the center turn lane on Ustick Road to provide a tuming pocket for all three of the access points that are proposed to intersect Ustick Road. This will require the applicant to widen Ustick Road to 3-lanes from Eagle Road to Duane Drive. Coordinate the design of the turn lane with District staff, Based on the submitted traffic impact study, the site generate traffic requires a right-tum lane on Ustick Road of at least 210 feet in length is warranted at the right-in/right-out driveway that is proposed to intersect Ustick Road approximately 392-feet east of State Highway 55 (Eagle Road). Coordinate the design of the tum lane with District staff. Based on the submitted traffic impact study, the site generate traffic requires a right-turn lane on Ustick Road of at least 210 feet in length is warranted at the full access driveway that is proposed to intersect Ustick Road approximately 750-feet east of State Highway 55 (Eagle Road). Coordinate the design of the turn lane with District staff. 10. Signalization of Ustlck Road and the Quarter Mile The applicant is proposing to construct a public roadway at the east property line. This roadway is located at the quarter mile. The applicant has submitted an intersection analysis showing the warrants of the signal will be met at build out of the 39-acre site. A final intersection analysis and District review should be completed once the applicant requests that this intersection be signalized, If the applicant proceeds to obtain a signal at the intersection of Ustick Road and the new collector roadway, the design, construction and installation of the signal will be at the sole expense of the applicant. The applicant will also be required to install opti-com on the signal for emergency services. If any right-of-way is needed for the signal, the applicant will responsible for the dedication of the 6, 7. 8. 9, 11 needed right-of-way. The applicant should enter into a development agreement with the District regarding the proposed signal. C. Site Specific Conditions of Approval 1, Dedicate 60-feet of right-of-way from the centerline of Ustick Road (from Eagle Road to 500-feet east of Eagle Road) abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available, 2. Construct a 5-foot concrete sidewalk located a minimum of 53-feet from the centerline of Ustick Road abutting the entire site. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Dedicate 48-feet of right-of-way from the centerline of Ustick Road (from 500-feet east of Eagle Road to the east property line) abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 4. Construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Ustick Road abutting the entire site. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 5. Construct a 26-foot wide right-in right-out driveway ONLY that intersects Ustick Road approximately 392-feet east of State Highway 55 (Eagle Road), as proposed. Construct a 6-inch raised median within Ustick Road to restrict the driveways functions to right-in/right-out ONLY. Coordinate the design and installation of the raised median with the District Staff. Construct a 36-foot wide full access driveway that intersects Ustick Road approximately 750-feet east of State Highway 55 (Eagle Road), as proposed, Construct a 36-foot wide full access driveway that intersects the proposed collector street that is located on the property's east property line, as proposed. Construct a 36-foot wide full access driveway that intersects the proposed collector street that is located on the property's east property line, as proposed. Construct a 36-foot wide driveway that intersects Bald Cypress Road approximately 31 O-feet east of State Highway 55 (Eagle Road), as proposed. 15. 16. 17, 18. 19. 20, 21. 22. 23. 12 10. Construct a 36-foot wide driveway that intersects Bald Cypress Road approximately 300-feet west of the proposed commercial street that is located on the property's east property line, as proposed, 11. Construct a 36-foot wide driveway that intersects Bald Cypress Road approximately 670-feet west of the proposed commercial street that is located on the property's east property line, as proposed. ). Construct a collector roadway that intersects Ustick Road approximately 30-feet west of the east property line, as proposed. 12. 13. Complete the existing street section of Bald Cypress Road to provide a 36-foot street section to include vertical curb, gutter and 5-foot concrete sidewalk abutting the entire site and widen the street section at the intersection of State Highway 55 (Eagle Road) to a 50-foot street section, as proposed, to accommodate for three traffic lanes. Dedicate the necessary right-of-way to accommodate for three traffic lanes on Bald Cypress Road. 14. Construct the proposed collector roadway as a 36-foot street section with vertical curb, gutter and 5- foot detached concrete sidewalk (or 7-foot attached) abutting the majority of the site; transitioning to a 50-foot street section with vertical curb, gutter and sidewalk at the intersections of Ustick Road and Bald Cypress Road. Dedicate the required right-of-way of the new collector roadway by means of recordation of a final subdivision plat or execution of a warranty deed prior to acceptance of the public roadways. Dedicate the right-of-way that is necessary to extend Broadleaf Street to the newly proposed collector roadway. Construct a pedestrian pathway ONLY from Broadleaf Street to the proposed collector street, as proposed. Construct the center tum lane on Ustick Road to provide a turning pocket for all three of the access points that are proposed to intersect Ustick Road. Coordinate the design of the turn lane with District staff. Construct a right-turn lane on Ustick Road of at least 210 feet in length at the right-in/right-out driveway that is proposed to intersect Ustick Road approximately 392-feet east of State Highway 55 (Eagle Road). Coordinate the design of the turn lane with District staff, Construct a right-turn lane on Ustick Road of at least 210 feet in length is warranted at the full access driveway that is proposed to intersect Ustick Road approximately 750-feet east of State Highway 55 (Eagle Road). Coordinate the design of the turn lane with District staff. Enter into a development agreement with the District regarding the proposed traffic signal at the intersection of Ustick Road and the new collector roadway. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. Comply with all Standard Conditions of Approval. 4, 5. 6. 7. 8. 9, 10. 11, 13 D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way, 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 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. 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. 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, 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) 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. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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. 2. 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. Site Plan 3, Appeal Guidelines 14 15 . . 16 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROW OS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWOS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. IJ1l CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT \ÎÎ"Etfl!~ Environmental Health Division Rezone # Conditional Use # Preliminary / Final/Short Plat Return to: 0 Boise 0 Eagle P9arden City )XMeridian 0 Kuna OACZ 0 Star 01, We have No Objections to this Proposal. 0 2, We recommend Denial of this Proposal. 0 3, Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 0 4, We will require more data concerning soil conditions on this Proposal before we can comment. OS, OCT 1 4 200~ City of Meridian City Clerk Office Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: 0 high seasonal ground water 0 waste flow characteristics 0 or bedrock from original grade 0 other 0 6, This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters, 0 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability, tis, After writ~e approval from appropriate entitles are submitted, we can approve this proposai for: ~ entralsewage 0 community sewage system 0 communitywaterwell interim sewage æJ..centrai water 0 individual sewage Q individual water ~ 9, The following pian(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division ~f nvironmental Quality: central sewage 0 community sewage system 0 community water sewage dry lines j8:.central water Run-off is not to create a mosquito breeding problem, )!l-10, 0 11. This Department wouid recommend deferral until high seasonal ground water can be determined if other considerations indicate approval, 0 12, If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations, 0 13. We will require plans be submitted for a plan review for any: 0 food establishment 0 swimming pools or spas 0 beverage establishment 0 grocery store 0 child care center ~4, Please see attached stormwater management recommendations 015. -~~ Reviewed By:ì21 tJIc 15726<01'"00" Review Sheet "'- ~-' ~ CENTRAL \it Btð1!~ MAIN OFACE . 707 N, ARMSTRONG PL, . BOISE, ID 83704-0825 . (208) 375-5211 . FAX 327-8500 To prevent and treat disease and disability; to promote bealthy lifestyles; and to protect and promote the health ond quality of our environment, STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm. water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm. water disposal and design a storm. water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Storm water Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Department of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Ada I Boise County Office 707 N. Annslrong PI. Boise, 10 83704 En~ro, Health: 327-7499 Fami~ Planning: 327-7400 Immunizations: 327-7450 5enior Nutrition: 327-7460 WlC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Elmore County Office 520 E. 8th It. North Moonlain Home, 10 83647 En~ro, Health: 5B7-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1& 5t. PO. Box 1448 McCall, 10 83638 Ph. 634-7194 FAX: 634-2174 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579' Fax 898.5501 PUBLIC WORKS (208) 898-5500' Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211' Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: October 28, 2004 Transmittal Date: October 6, 2004 Hearing Date: November 4, 2004 File No,: PP 04-037 Request: Preliminary Plat approval for 11 commercial building lots & 2 common lots on 36.93+ acres in a CoG zone for Smitchger Subdivision By: Ustick Marketplace, LLC Location of Property or Project: NEC of Eagle Road and Ustick Road x David Zaremba, P/Z (No FP) David Moe, P/Z (No FP) Wendy Newton-Huckabay, P/Z (NoFP) Michael Rohm, PIZ (No FP) Keith Borup, P/Z (No FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR. VAG, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FPlPPonJy) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig, District Settlers Irrigation District Idaho Power CO, (FP/PP only) Owest (FP/PP only) Intermountain Gas (FPlPPonly) Bureau of Reclamation (FP/pPonly) Idaho Transportation Department (No FP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: S1!;¡~ ~~dT~~/:'~sI ~ ~ RECEIVED OCT - 8 2004 City of Meridian City Clerk Office 33 EAST IDAHO AVENUE . MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 6 SMITH BRIGHTON, .. PRO PER TIE s RECEIVED Z' CITY OF MERIDIAN '~'TY r:tFRK {)FFICr::: Posting of Public Hearing Signs in the City of Meridian Notarized Statement This statement notifies the City of Meridian that Smith Brighton, LLC posted two Public Hearing Signs the afternoon of October 21, 2004. The property location is the Northeast corner of Ustick Road and Eagle Road. Attached are two photographs showing the location of the posted signs. Ustick Marketplace, LLC By: Smith Brighton, LLC, Member Date: /t1ks-~ý / / 12601 W. bplo,e, 0, . Scite 200 . BoiH, Id 83713' Phooe (208) 37S~J200 . Fa, (208(377.8962 ""... .n .----"..--"."" " MAYOR Tammy de Weerd olfe;dla:n LEGAL DEPARTMENT (208) 466-9272 . PAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898.5501 PUBLIC WORKS (208) 898-5500' Fax 887-1297 CITY COUNCIL MEMBERS Shoun Wardle William L. M. Nary Charles M, Rountree Keith Bird BUILDING DEPARTMENT (208) 887-2211 . Fax 887.1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian Cny Clerk's Office Attn: Will Berg, City Clerk, by: October 28, 2004 Transmittal Date: October 6, 2004 Hearing Date: November 4, 2004 File No,: PP 04-037 Request: Preliminary Plat approval for 11 commercial building lots & 2 common lots on 36.93+ acres in a C-G zone for Smitchger Subdivision By: Ustick Marketplace, LLC Location of Property or Project: NEC of Eagle Road and Ustick Road Meridian School District (No FP) Meridian Post Office (FP/pPonly) Ada County Highway District Ada County Development SelVices Central District Health Nampa Meridian Irrig, District Settlers lITigation District Idaho Power CO. (FP/PP only) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No FP) Ada County Land Records Meridian Development Corporation Historical PreselVation Commission Your Concise RemarK¥O-C~#1<l . ~~ RECEIVED OC1 1 2 2(}()1¡ City Of MenOffi' roan City Clerk ce 33 EAST IDAHO AVENUE. MERIDIAN. IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 ¿s" David Zaremba, P/Z (NoFP) David Moe, P/Z (NoFP) Wendy Newton-Huckabay, P/Z (NoFP) Michael Rohm, P/Z (NoFP) Kenh Borup, PIZ (No FP) Tammy de Weerd, Mayor Bill Nary, CIC Charlie Rountree, CIC Keith Bird, CIC Shaun Wardle, CIC Water Department Sewer Department San nary SelVice (No VAR. VAG, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner ¡WIVED ~ OCT - 7 211M CIT\ ùJ:i' MERIDIAN WASTEWATER DEPT. CITY OF [viERiDiM: ':_:IT/ : c;-:,( 'T'r'i= ~&~1~t'~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 19 October, 2004 phones: Aceo Code 208 OFFICE: Nompa 466-7861 SHOP: Nampa 466-0663 Wil1iam G. Berg Jr. City Clerk ~ ,ø1~i3~~ØlfðÀ4t Meridian, ill 83642 RE: PP 04-037/Pr~ Plat for Smitchger Subdivision Dear Will: Nampa & Meridian Irrigation District has no comment on the above referenced application for Preliminary Plat for Smitchger Subdivision as it is out of our district. Thank you, ß#~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: Water Superintendent File-Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE November 4, 2004 ITEM # 6 PROJECT NUMBER PP 04-037 Smitchger Subdivision PROJECT NAME FOR AGAINST NEUTRAL ')C