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Home My WebLink AboutAgency CommentsAda County. Highway District David E. Wynkoop, President Dave Bivens, 1 st Vice President Judy Penvey-Derr, 2nd Vice President Susen S. Eastlake, Commissioner Sherry R. Huber, Commissioner 318 East 37th SWeet Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-maih t ellus(~ACHD.ado, id.u s January 18, 2002 Blaine & Cynthia Jacobson 2233 Blue Stem Lane Boise, Idaho 83706 RECEIVED JAN 2 2 2002 City of Meridia~ City Clerk Office Re: Staff Level Approval MCUP01-045 nec Magic View Drive, Allen Street Fast food restaurant Facts and Findings: The Ada County Highway District (ACItD) staff has received the above referenced application requesting conditional use approval to construct a 1,743-square foot fast food restaurant with a drive-thru. The 0.97-acre site is located on the northeast comer of Magic View Drive and Allen Street. This development is estimated to generate 866 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The application and site plan stamped and received by the City of Meridian on January 2, 2002, and submitted to the District on January 8, 2002, has been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform to District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. On January 14, 2002, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 18, 2002, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. S ADSTECI~WORKINGhMCUP01-045.sla.doc Page 1 For the purposes of estimating daily trip generation and assessing impact fees for this project, the proposed use of this development has been classified as Fast food restaurant with drive thru. (Per the ITE Manual) The impact fee rate from the fee tables for this use is $4,715 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. Note: This rote is provided for informational purposes only and shall not be construed as an impact fee rate certification. The impact fee will be assessed at the time of plans acceptance by District staff, and shall be based on the fee tables and provisions of the District's Impact Fee Ordinance in effect at that time. The entire parcel is approximately 2.85-acres. The applicant is proposing to utilize a portion of the site (approximately 0.97-aeres). The fast food restaurant will be located on the southeast end of the lot. The remainder of the lot will be left vacant until such time as an application is submitted. The applicant is proposing to locate two access points on Magic View Drive. There is one existing driveway on Allen Street and one on St. Lukes Street, however this current application does not reflect them on their site plan. Development patterns in the surrounding area are commercial. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service with out modification to Magic View Drive and Allen Street. The additional traffic generated by this development will have minimal detrimental impact on the transportation system. The Commission adopted an extraordinary fee based on trip generation rotes. The Commission determined that the Extraordinary Impact Fee would be $43.19 per trip. This parcel includes 0.97- acres, resulting in a trip generation rate of approximately 866-trips per day, for a fast food restaurant with a drive thru. Therefore, this property should pay an overlay fee to the District in the amount of approximately $37,402.54. Staff recommends that the Commission require the payment of that amount into a fund for the reimbursement of the cost to construct and dedicate right-of-way for a new mad from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip basis. Special Recommendations to the City of Meridian: 1. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the driveway for access to the public street prior to approval. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 29-feet of right-of-way from the centerline of Magic View Drive abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business S :kD STE CI-P, WORKINGWICUP 01-045 .sla.doc Page 2 days to process the fight-of-way dedication after receipt of all requested material. The owner will no~t be compensated for this additional right-of-way because Magic View Drive is a local/local commercial street and is to be brought to adopted standards by the developers of abutting properties. 2. Applicant is proposing two driveways on Magic View Drive; Proposed driveway # 1 is located approximately ll0-feet fxom the intersection of Allen Street and Magic View Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30- feet beyond the edge of pavement of Magic View Drive. Proposed driveway # 2 is located approximately 250-feet from the intersection of Allen Street and Magic View Drive2 This location meets District policy and is approved with this application. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Magic View Drive. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-fcet beyond the edge of pavement of Allen Street. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Magic View Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. Replace any damaged curb, gutter, and/or sidewalk on Allen Street to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Constmction 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 ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 8. Any existing irrigation facilities should be relocated outside of the right-of-way. S:~[) STECI-BWORKINGWICUP01-045.sla.doc Page 3 Standard Requirements: 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 enfomement of the ACHD Pohcy 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 t~n (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. Co Time to Reply: The ROWDS 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. 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 with/n thirty (30) days following the delivery to the appellant of the ROWDS 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. Action by Commission: Following the heating, 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. 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. S:~DSTECH~WORKING~iCUP01-045.sla.doc P~e4 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 Dis~ict prior to District approval for occupancy. 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 roles, 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. 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. S:~DSTECI-BWORKING~VlCUP01-045 .sla.doc Page 5 Conclusion of Law: 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. Should you have any questions or comments, please contact the ACI-ID Planning and Development staff at 387-6170. Sincerely, Christy Richardson Planning Review Supervisor Right-of-Way & Development cc: Project file ACHD Construction Services Lead Agency/City of Meridian Chron W. H. Moore Company 600 N. Steelhead Way, Suite 144 Boise, Idaho 83707 Larson Architects Cornel Larson 210 Mtaray S~'eet Boise, Idaho 83714 S :'~D STECI-BWORKINGWICUP01-045 .sla.doc Page 6 ! I-eoruary zuuz Cornel Larson Larson Architects, P.A. 210 Murray Street Boise, ID 83714 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 R~.IC]~I"~~"'~D Phones: Area Code 208 OFFICE:Namp~ 466-7861 FEB 12 2002 SHOP: Nampa 466-0663 City of Meridian City Clerk Office - RE;- ~_a~d .Use Change_ApJp!icatJon - Subway Sandwich S~hop Dear Mr. Larson: 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. Sincerely, Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc CC: eric. Water Superintendent ..: _..,'. W Berg, Mendlan C y : ~ .... -;_ -.-. : W. H. Moore Company, 600 N. Steelhead Way, Su~ted~4, BO se, ID-~8370~--83ZS.. Bi~ine & Cynthia Oacobson dba Sandwich ~nd.Salads.22_3__3 ~16~ Stem Lane, Boise,qD ~3706 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 February 6, 2002 Will Berg, City Clerk City of Meridian 33 East Idaho RECE VE - FEB 1 2 2007 City of Meridian City Clerk Offie ~ Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nompa 466-0663 Re: CUP-01-045 Subway Sandwich Shop Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. Please contact Ms. Donna Moore, Asst. Secretary/Treasurer at the District's main office at 466-7861. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ENTRAL E^LII-t # litional Use # 3reliminary / Final / Short Plat CENTRAL DISTRICT HEALT..H.D. EPARTMENT -eturn to Environmental Health Olws on_ RECEIV B:oise JAN - 9 ~Eagle ~ Garden City ~ ,,~Meridian (~_.~.,/[/~ 0 /'--bL('~''- Ci~;yClerkOffi-~ [~jKuna ~ACZ ~ 1. We have No Objections to this Proposal. I~ 2. We recommend Denial of this Proposal. f-I 3.Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. F~ 4. We witt require more data concerning soil conditions on this Proposal before we can comment. F~ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: I-t high seasonal ground water ~ waste flow characteristics ~ or bedrockfmm original grade ~ other_ [~ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. CI 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water avaltability. F~ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: l~l central sewageI-I community sewage system I~ community water welt ~ intedm sewage ~ centralwater ~) individual sewage ~ individual water [~ 9. The foltow ng plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Qual [~l centralsewage r-I community sewage system ~ communitywater ~ sewage dry lines~ centralwater ~10. Run-off is not to Create a mosquito breeding problem. ~ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approvat. Ci 12. if restroom facilities are to be iostalied, then a sewage system MUST be instalted to meet Idaho State Sewage Regulations. /~13. We will m,g, uire plans be submitted for a plan review for any: J~ food establishment ~ swimming pools or spas~ child care center '~ beverage establishment ~ grocery store / '-' Reviewed By: ~ ~"/'~'~7,'/ _ /j~ 14. Review Shee ~ ~iE1~T~j ~ NIAIN OFFICE 0 707 ixl. ARMSTRONG PL,* BOISE, ID 83704-0825 · (208) 375-5211 0 FAX 327-8500 To prevent and treat disease ami disability; to promote healthy lifestyles; attd to protect attd protnote the health and qttality of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated throUgh a grassy swale 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 Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook Prepared by City of Boise Public Works Department, May 2000. Serving Valley, Elmore, Boise, and Ada Counties Ada ! Boise County Office 707 N Arm$~ong PI. Boise, ID 83704 Enviro Health: 327-7409 Family Planning: 327-7400 tmmunizafions: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada.WIC Satellite Office 1606 Robert St. Boise, iD 83705 Ph, 384-3355 FAX: 334-3355 Elmore County office 520 E 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Fatuity Health: 587-4407 WiC: 587-4409 FAX: 587-3521 Valley County Olfice 703 N 1 st Street P.O Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 U~tlb12882 ~,f~ C[TY ~ IN( ~ my 88:84 2888885852 OR Come SANITARY SERVICE HUB OF TR£.4$URE VALLEY A Good Place lo Live PAGE 89 L,EMB£.S CiTY OF MERIDIAN ~¢rson $3 I~AST IDAHO BUILDING DEPAR~IENT Birr* MERIDIAN, IDAHO 83642 (2o~) g87.2211 · Fax 887,1297 eWecrd (208) S88-~33 · F~ (20~) ~87-4813 PLANNING ,X~D ZONING :C~dl¢~ City Cle~ Office F~ (208) 888-4218 DEPARTMENT 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 Marid,an Planning and Zoning Commission. please submit your comments and recommendations to Meridian City Clerk's Office Attn: Wilt Berg. City Clerk, by: February 28, 2002 Transmittal Date: Jaouary 2, 20'02 Hearing Date: March 7, 2002 FiJe No.: CUP-01-045 ~' ' RequeSt: '~onditional Use Part-It for a 1743 square foot Subway Sandwich Shop with a drive through win~w in an L.O zone 'Blaine & Cynthia Ja¢obson Location of Property or Project: NOrtheast corner of Magicview and $. Allen Street David Z. aremlDa, P/Z (tvo vaR. vAo, Jerry Centers, P/Z fr4o ,VAR. VAC, P/Z (~o V,~R, vAC. Keven Shreeve, P/Z (No vAR. VAC, Keith Borup, P/Z (No VA~, ',,'AC Robert Corr/e, Mayor Ron At, arson, C/C Tammy deWeerd, ClC Keith Bird. C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No V.4~. V,~C, Building Departmenl Your Concise Remarks: Medclian School Distdct Meridian Post Office Ada Cou~ Highly Di~rict Communi~ Planning ~. ~n~aJ Distfi~ Health Nampa Med~ian I~9, SeElers Imgation Di~nct Idaho P~er Co. ~¢p¢~) U.S. West (FP~P Inte~untain G~ Bur~u of R~la~tion Idaho Tmns~tion Depa~mem Ada Ooun~ [~nnetaf~n Fire Department Police Department City Attorney .., City Engineer City Planner Parks Department RECEIVED JAN 1 5 Z0IJZ C~ty Clerk Office JAN 15 '82 88:86 2888885852 PAGE.G9