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Home My WebLink AboutACHD Comments RE"C-E-I~------'-'-"""""" FER fj 9 lOGo CITY OF ME.RIDIA~~ CI-r-Y €-' L°-K--ÇIFFICr::-",-,."-,-""..,, --' c-c-T'-, . '-- " -~~~ Right-ol-TlIay & Development Department Planning Review Division ----------.--,,---"----- Committed to -----,----"...."......,,"- -------,-,-,-.., ------------------------ ,.._----------,------------------.. ........"-,--- ---------- ,,",......,,-,-------- Project/File: Gateway Marketplace-MPP-O6-002 Lead Agency: City of Meridian [Q) œ & [? lJ Site address: Southeast corner of Ustick Road & SH-55 Staff Level Approval: x Applicant: Landmark Development Group LLC 1882 Toluka Way Boise, 10 83712 Owner: James A. Kissler 1125 W. Amity Road Boise, 10 83705 Staff Contact: Christy Richardson Phone: 387-6178 E-mail: crichardson achd.ada.id.us Tech Review: February 3, 2006 Application Information: Acreage: 22.85-acres Current Zoning: C-G Proposal: 23 commercial lot subdivision A. Findings of Fact Existing Conditions 1. Site Information: The site is currently vacant. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Commercial (Lowes) C-G South Undeveloped C-G East Undeveloped (rezone in process to C-G) RUT West Undeveloped C-G 1 Development Impacts 3. Trip Generation: This development is estimated to generate x additional vehicle trips per day (0 existing) based on the submitted traffic impact study. 4. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 5. Traffic Impact Study: summary is noted below. A traffic impact study was required with this application and the 6. Impacted Roadways: Roadway Frontage Functional Traffic Count Speed Classification Limit Ustick Road None Minor Arterial 10,833 on 8-5-3 w/o 40 MPH Eagle Road Eagle Road Principal 41 ,939 on 1-6-05 n/o 995' Arterial/State 50 MPH (SH-55) Hiqhwav Fairview Avenue *Acceptable level of service for a two lane collector roadway is "0" (9,500 VTD). 7. Other Development in Area/Miscellaneous . ACHO reviewed this site as part of a rezone and annexation application, MAZ03-0018. . ACHO has reviewed and approved MCUP05-0048, the application for the Kohl's Department Store at the northwest corner of Ustick Road and SH-55. . ACHD has received an application for Bienville Square at the southwest corner of Ustick Road and SH-55, a mixed-use development. That application is on hold while the applicant revises the site plan. B. Findings for Consideration 1. Ustick Road Ustick Road, from Leslie Drive to Ally Street, including the Eagle Road intersection, has just been widened and improved to 5-lanes. Sidewalks were not constructed with the roadway improvement project, but are required to be constructed as development occurs on the undeveloped properties. The intersection was widened to include dual left turning lanes. This project was a public/private partnership that involved other land owners and developers in the area. The applicant should be required to construct a 5-foot wide detached concrete sidewalk on Ustick Road. Provide a sidewalk easement for sidewalk located outside of the right-of-way. 2. Ustick Road Driveways Offset Policy: . District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 40 to align or offset a minimum of 185-feet from any existing or proposed driveway. . District policy requires driveways to be located a minimum of 440-feet from signalized intersections for full access, and 220-feet from signalized intersections for restricted right-in/right- out access. 2 2. 3. 3 Width Policy: District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Paving Policy: 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 30-feet into the site beyond the edge of pavement of the roadway. Applicant Proposal . The applicant is proposing to construct a right-in/right-out driveway on Ustick Road located approximately 350-feet east of SH-55. There is a median in the center of the roadway to restrict the access. . The applicant is proposing to construct a full access driveway on Ustick Road located approximately 700-feet east of SH-55. Staff Comment/Recommendation . The driveways should be approved as proposed, in accordance with District policy. 3. Cross Access The applicant is not proposing to provide any cross access to the parcel to the east. That parcel is currently under consideration for annexation and rezone to the City of Meridian, and has only 330- feet of frontage (Una Mas parcel). Further to the east is a 5-acre parcel owned by ACHD and also currently under consideration for annexation and rezone to the City of Meridian. ACHD acquired that property with the intent that a north-south roadway would be constructed in the future at the signalized intersection with Ally Way. In December 2005, the ACHO Commission approved the designation of that roadway as a collector from Ustick Road to Fairview Avenue, along with an east- west mid-mile collector to connect to SH-55. (See map.) This site could have access to a signalized roadway (Ally Way) if sufficient cross access is provided between property owners. Cross access should also be considered to the parcel to the south. 4. Eagle Road Right-of-Way, Improvements and Access The City of Meridian, applicant and ITD should work together to determine if additional right-of-way or improvements are necessary on Eagle Road (SH-55). Access points should be approved in accordance with the Eagle Road Corridor Study. C. Site Specific Conditions of AIDJroval 1. Re-construct the northern driveway, on the adjacent flag lot, as a curb return driveway with minimum 15-foot curb radii. This driveway shall be no wider than 30-feet. Construct one new curb return driveway with minimum 15-foot curb radii located approximately 120- feet north of the south property line as proposed on the revised site plan. This driveway shall be no wider than 30-feet. Close the existing curb cut driveway located approximately 96-feet south of the north property line with curb, gutter, and sidewalk to match existing improvements. 13. 4 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of A[!proval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. 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. 8. 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. 9. 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. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. 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-ofwway. The applicant shall contact ACHD Traffic Operations 387w6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. 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 transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines or Request for Reconsideration Guidelines 4. Development Process Checklist 5 6 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties, a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 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. 7 b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, Wllich 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 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. 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 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. 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. II Development Process Checkl ist II ISISubmit a development application to a City or to the County ISIThe City or the County will transmit the development application to ACHD ISIThe ACHD Planning Review Division will receive the development application to review ISIThe Planning Review Division will do one of the following: DSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time. 8 DSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. lZIWrite a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. OWrite a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. DThe Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. DFor ALL development applications, including those receiving a "No Review" or "Comply With" letter: . The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) . The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. DPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) 0 Driveway or Property Approach(s) . Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. D Working in the ACHD Right-of-Way . Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction - Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) D Sediment & Erosion Submittal . At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division. 0 Idaho Power Company . Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. D Final Approval from Development Services ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 9