Loading...
HomeMy WebLinkAbout2022-07-07 Updated ACHD Development Services Department CHD Project/File: Ferguson Town homes/M PP22-0023/SH P-2022-0007 This is a preliminary plat for two residential townhome lots on 0.3 acres. Lead Agency: City Of Meridian .334 �. - 1 Site address: 1335 NE 4t" Street y Staff Approval: June 15, 2022 Applicant: Matthew Ferguson �3a 652 Bonita Canyon Street Meridian, ID 83646 Staff Contact: Margaret Szeles Phone: 387-6294 E-mail: mszeles(a�achdidaho.org A. Findings of Fact 1. Description of Application: This is a preliminary plat for two residential townhome lots on 0.3 acres in the R-8 (Medium Density Residential) zoning district. The applicant's proposal is consistent with the City of Meridian's Future Land Use Map which designates this area as Meridian-High Density Residential. 2. Description of Adjacent Surrounding Area: Direction I Land Use Zoning North Medium Density Residential/Undeveloped R-8 South Medium High Density Residential/Undeveloped R-15 East Medium High Density Residential/Undeveloped R-15 West Medium Density Residential/Old Town R-8/0-T 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • 2 '/2 Street Townhomes, 50 residential lots and 5 common lots on 2.5 acres, 400-feet east of site, & 06/16/2017 5. Transit: Transit services are not available to serve this site. 6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use paths,the width of curb ramps runs, and blended transitions shall be equal to the width of the shared use path. AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection Treatments: The opening of a shared use path at the roadway should be at least the same width as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the 1 Ferguson Town homes/MPP22-0023/SHP- 2022-0007 path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the full width of the ramp. FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average width of the trail to improve safety for users who will be traveling at various speeds. In addition, the overall width of the trail should be increased, so the curb ramp can be slightly offset to the side. The increased width reduces conflict at the intersection by providing more space for users at the bottom of the ramp. 7. New Center Lane Miles: The proposed development includes 0 centerline miles of new public road. 8. 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. The impact fee assessment will not be released until the civil plans are approved by ACHD. 9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • 2nd and a Half Street is scheduled in the IFYWP to receive enhanced pedestrian facilities between Carlton Ave and Fairview Ave in the future. • Pine Ave is scheduled in the IFYWP to receive bikeway signage between Locust Grove Road and Meridian Road in 2025. • V Street is scheduled in the IFYWP to receive enhanced pedestrian facilities between Franklin Road and Carlton Ave in the future. • Fairview Ave is listed in the CIP to be widened to 7-lanes from Meridian Road to Locust Grove Road between 2036 and 2040. • Meridian Road is listed in the CIP to be widened to 5-lanes from Cherry Lane to Ustick Road between 2021 and 2025. • The intersection of Fairview Ave and Locust Grove Road is listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south, 9-lanes east, and 9-lanes on the west leg, and signalized between 2021 and 2025. 10. Roadways to Bikeways Master Plan: ACHD's Roadways to Bikeways Master Plan (BMP) was adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to implement the Planned Bicycle Network to support bicycling as a viable transportation option for Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of good repair in order to ensure they are consistently available for use, promote awareness of existing bicycle routes and features and support encouragement programs and to facilitate coordination and cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan recommendations. The BMP identifies 2nd and a Half Street as Level 1 facilities that will be constructed as part of a future ACHD project. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 14 additional vehicle trips per day; 1 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 11' edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) 2 Ferguson Town homes/MPP22-0023/SHP- 2022-0007 Roadway Frontage Functional PM Peak Hour PM Peak Hour Level Classification Traffic Count of Service Fairview Ave 0-feet Principal 1,366 Better than "E" Arterial Main Street 0-Feet Minor Arterial 532 Better than "E" **NE 4th Street 82-feet Local 25 N/A **2nd and a Half Street 0-feet Local N/A N/A **Bradley Ave 0-feet Local N/A N/A * Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH). * Acceptable level of service for a seven-lane principal arterial is "E" (2,720 VPH). * Acceptable level of service for a three-lane minor arterial is "E" (720 VPH). ** ACHD does not set level of service thresholds for Local Roadways. 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for Fairview Ave west of Locust Grove Road was 29,558 on 10/05/2021. • The average daily traffic count for Main Street south of Fairview Ave was 8,661 on 11/06/2018. C. Findings for Consideration 1. NE 4t" Street a. Existing Conditions: NE 4th Street is improved with 31-feet of pavement, and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for NE 4th Street (25-feet from centerline). b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way widths for all local streets shall generally not be less than 47-feet wide and that the standard street section shall be 33-feet (back-of-curb to back-of-curb). Standard Urban Local Street-33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that the standard street section shall be 33-feet (back-of-curb to back-of- curb)for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 47-feet of right-of-way. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to 3 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District's Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. c. Applicant's Proposal: The applicant is proposing to complete NE 4t" Street as a 36-foot street section (23-feet from centerline) with rolled curb, gutter, and 5-foot wide attached concrete sidewalk abutting the site. d. Staff Comments/Recommendations: NE 4th Street was constructed as half of a 36-foot street section as part of the Forty Three North Subdivision in 2018. The applicant's proposal to complete the 36-foot street section (23-feet from centerline) with rolled curb, gutter, and 5-foot wide attached concrete sidewalks meets District policy and should be approved, as proposed. The applicant should be required to provide a permanent right-of-way easement to 2-feet behind back of sidewalk for sidewalk located outside of the dedicated right-of-way. Sidewalk shall be located wholly within right-of-way or wholly within an easement. 2. Driveways 2.1 NE 41" Street a. Existing Conditions: There are no existing driveways from the site onto NE 4t" Street. b. Policy: Driveway Location Policy: District policy 7207.4.1 requires driveways near intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street intersection, and 150-feet from the nearest collector or arterial street intersection. Successive Driveways: District Policy 7207.4.1 states that successive driveways away from an intersection shall have no minimum spacing requirements for access points along a local street, but the District does encourage shared access points where appropriate. Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required, residential driveways shall be restricted to a maximum width of 20-feet and may be constructed as curb-cut type driveways. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.4.3, 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. c. Applicant's Proposal: The applicant is proposing to construct (2) 21-foot wide driveways from the site onto NE 4t" Street located as follows (measured centerline to centerline): • 154-feet south of Bradley Ave. • 174-feet south of Bradley Ave. d. Staff Comments/Recommendations: The applicant's proposal meets District policy and should be approved, as proposed. The applicant should be required to pave the driveways their full width and at-least 30-feet into the site. 4 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 I Tree Planters Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 4. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. D. Site Specific Conditions of Approval 1. Complete NE 41" Street as a 36-foot street section (23-feet from centerline) with rolled curb, gutter, and 5-foot wide attached concrete sidewalks, as proposed. 2. Provide a permanent right-of-way easement to 2-feet behind back of sidewalk for sidewalk located outside of the dedicated right-of-way. Sidewalk shall be located wholly within right-of-way or wholly within an easement. 3. Construct (2) 21-foot wide paved driveways from the site onto NE 4t" Street located as follows: • 154-feet south of Bradley Ave. • 174-feet south of Bradley Ave. 4. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 5. Payment of impact fees is due prior to issuance of a building permit. 6. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 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. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 5 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. 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 (1-811-342-1585) 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. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property, which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. 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. G. Attachments 6 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Appeal Guidelines 7 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 VICINITY MAP E Badley Ave 13 36 r � � y 1334 { w ' z 13:3 I 1326 i430 1322 ' 131G 1312. - 1.302 8 Ferguson Town homes/MPP22-0023/SHP- 2022-0007 SITE PLAN •-I � o rI Nl� U ❑ i' N 4 1 ON8RE IMPROVEMENTS BY 1`I OTHERS PROPOSED FIRE 5516EN! - - i E%.30-ROW, I------'------------- -23'&TAEET '- CP#7 Q NEdTHST_ -- -- ---� ----'-- -----------Q m e3 19 � G T-- ------t�------- -t - - m 9 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5)working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to:50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 10 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 Development Process Checklist Items Completed to Date: ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ❑Send a"No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ®Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Items to be completed by Applicant: ❑For ALL development applications, including those receiving a "No Review" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section 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 assessment.) • 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. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non-Subdivisions) ❑ Driveway or Property Approach(s) • Submit a "Driveway Approach Request"form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑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) ❑ Sediment&Erosion Submittal • At least one week prior to setting up a Pre-Construction Meeting an Erosion &Sediment Control Narrative&Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ❑ Final Approval from Development Services is required prior to scheduling a Pre-Con. 11 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 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 Development Services Manager when it is alleged that the Development Services 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 and Clerk of the District, 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 Development Services 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 Development Services 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. 12 Ferguson Town homes/MPP22-0023/SH P- 2022-0007 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 11:00 a.m. 2 days 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. 13 Ferguson Town homes/MPP22-0023/SH P- 2022-0007