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HomeMy WebLinkAboutMER23-0122, 127 Saloon Expansion, A-2023-0175 January 9, 2024 To: Triad Design James Escobar P.O. Box 1277 Eagle, Idaho 83616 Owner: 127 Saloon Ryan Steinbroner 127 E. Idaho Avenue Meridian, Idaho 83642 Subject: MER23-0122/A-2023-0175 725 NE 2nd Street 127 Saloon Expansion The applicant is requesting approval of a certificate of zoning compliance application to expand a commercial and restaurant space for additional restaurant seating (including outdoor seating), office and storage space on .08 acres. A. Findings of Fact 1. 2nd Street a. Existing Conditions: 2nd Street is improved with 2-travel lanes, 62-feet of pavement, on- street parking, vertical curb, gutter, and 6-foot wide detached concrete sidewalk with 2-feet of brick pavers abutting the site. There is 80-feet of right-of-way for 2nd Street (38-feet from centerline). b. Policy: Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible for improving all commercial street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing Highways adjacent to a proposed development may be required. These needed transportation facilities are to correct deficiencies or replace deteriorated facilities. Included are sidewalk and/or bike lane construction or replacement (with physical buffers if missing and needed); construction of transitional sidewalk segments; crosswalk construction or replacement; curb and gutter construction or replacement; repair, replacement or expansion of curb extensions; replacement of unused driveways with curb, gutter, sidewalk, repair or addition of traffic calming or speed mitigation features; installation or reconstruction of pedestrian ramps; pavement repairs; signs, motor vehicle, pedestrian and bicycle traffic control devices; and other similar items. The current version of PROWAG will determine the applicable accessibility requirements for alterations and elements added to existing streets. ACHD staff is responsible for identifying the minor improvements that would be proportionate to the size and complexity of the development. c. Applicant’s Proposal: The applicant is not proposing any street improvements or dedication of right-of-way for 2nd Street abutting the site. d. Staff Comments/Recommendations: 2nd Street is already fully improved; therefore, no additional right-of-way dedication or street improvements should be required as part of this application. Consistent with District Minor Improvements policy, the applicant should be required to repair or replace any damaged or deficient transportation facilities abutting the site as determined by ACHD staff and consistent with the current version of PROWAG. The applicant should be required to meet all current ADA (Americans with Disabilities Act) compliance standards in the reconstruction of all intersections. 2. Alleys a. Existing Conditions: There is an existing 16-foot wide paved alley abutting the site’s south property line. The alley runs east/west between Main Street and 2nd Street. b. Policy: Existing Alley Policy: District Policy 7210.2 states that if a proposed development abuts an existing alley, the dedication of additional right-of-way to obtain a minimum width from the centerline of the alley of 8-feet for residential uses and 10-feet for non-residential or commercial uses may be required. Each development will be reviewed by the District on a case-by-case basis. If the proposed development takes access from an alley, the developer will be required to pave the entire width of the right-of-way from the nearest public street to and abutting the development. Alley Parking & Setbacks Policy: District Policy 7210.3.3 states that parking within the alley right-of-way is prohibited. “No Parking” signs are required to be installed by the developer. The signs should be located at the alley/street intersections. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 20-feet for all perpendicular parking. Setbacks for structures taking access from the alley should be closely coordinated with the lead land use agency. The setbacks shall either discourage parking within the alley (where it may partially block or occur within the right-of-way) or allow adequate area for one perpendicular parking pad. In order to discourage parking, building setbacks shall be minimal from the alley right-of-way line, while still achieving the required 20-feet of back-up space from a garage or other parking structure to the opposite side of the alley (i.e. 4-foot setback + 16- foot alley= 20-feet for back-up space). Alley/Local Street Intersections Policy: District Policy 7210.3.7.2 states that alleys may intersect all types of local streets including minor local streets. Alleys shall generally be designed with a curb cut type approach when intersecting a local street. Alleys shall generally intersect streets in the middle of the block equally offsetting the intersecting streets. Alleys shall either align with alley/street intersections or provide a minimum 100-foot offset (measured centerline to centerline) from other local street intersections. For alley intersections with local streets, the District may consider a reduced offset if the lead land use agency’s required lot size allows for shorter buildable lots. Vacations of Alleys Policy: District Policy 7210.3.6 states that vacations of alley right-of- way are discouraged and shall not result in dead-end alleys. c. Applicant’s Proposal: The applicant is not proposing any improvements or dedication of additional right-of-way for the existing alley abutting the site. d. Staff Comments/Recommendations: The applicant’s proposal does not meet the District’s Existing Alley or Alley/Local Street Intersections policies; which require alleys be designed with a curb cut type approach when intersecting a local street; staff recommends the applicant should be required to reconstruct the north alley approach at 2nd street as a curb cut type approach. Typically, in accordance with the District’s Existing Alley policy, the applicant should be required to the dedicate additional right-of-way to total 10-feet from centerline abutting the site for non-residential or commercial uses; however, there are permanent and temporary structures existing and proposed along the north side of the alley, restricting future widening of the alley. Therefore, staff recommends no additional alley right-of-way dedication be required with this application. Parking within the alley right-of-way is prohibited. The applicant should be required to install “No Parking” signs at the alley/ Main Street intersection and the alley/ 2nd Street intersection if not currently installed. 3. Driveways – 2nd Street a. Existing Conditions: There is an existing 32-foot wide paved driveway from the site onto 2nd Street. The driveway is located 108-feet south of Idaho Avenue (measured Centerline to Centerline). b. Policy: Driveway Location Policy: District policy 7208.4.1 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/arterial or arterial street intersection. Successive Driveways: District Policy 7208.4.1 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 7208.4.3 restricts commercial driveways to a maximum width of 40-feet. Most commercial driveways will be constructed as curb-cut type facilities. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7208.4.3, 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. Driveway Design Requirements: District policy 7208.4.3 states if an access point is to be gated, the gate or keypad (whichever is closer) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing Highways adjacent to a proposed development may be required. These needed transportation facilities are to correct deficiencies or replace deteriorated facilities. Included are sidewalk and/or bike lane construction or replacement (with physical buffers if missing and needed); construction of transitional sidewalk segments; crosswalk construction or replacement; curb and gutter construction or replacement; repair, replacement or expansion of curb extensions; replacement of unused driveways with curb, gutter, sidewalk, repair or addition of traffic calming or speed mitigation features; installation or reconstruction of pedestrian ramps; pavement repairs; signs, motor vehicle, pedestrian and bicycle traffic control devices; and other similar items. The current version of PROWAG will determine the applicable accessibility requirements for alterations and elements added to existing streets. ACHD staff is responsible for identifying the minor improvements that would be proportionate to the size and complexity of the development. c. Applicant’s Proposal: The applicant is proposing to close the existing 32-foot wide driveway onto 2nd Street abutting the site with curb, gutter, and sidewalk. d. Staff Comments/Recommendations: The applicant’s proposal meets District’s policy and should be approved, as proposed. 4. 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. 5. 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. B. Site Specific Conditions of Approval 1. Repair or replace any damaged or deficient transportation facilities, as determined by ACHD staff, abutting the site on 2nd Street consistent with the current version of PROWAG. 2. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements and intersections 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. 3. Reconstruct the north alley approach, at 2nd street as a curb cut type. 4. Install “No Parking” signs at the alley/Main Street and alley/2nd Street intersection if not currently installed. 5. Close the existing 32-foot wide driveway, located 108-feet south of Idaho Avenue abutting the site with vertical curb, gutter, and 6-foot wide detached concrete sidewalk with 2-feet of brick pavers to tie into the existing improvements on either side. 6. A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7. 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. 8. Comply with the Standard Conditions of Approval as noted below. C. Traffic Information Trip Generation This development is estimated to generate 29 additional vehicle trips per day (186 existing); and 5 additional vehicle trips per hour in the PM peak hour (30 existing), based on the Institute of Transportation Engineers Trip Generation Manual, 11th edition. Condition of Area Roadways: Traffic Count is based on vehicles per hour (VPH) Roadway Frontage Functional Classification PM Peak Hour Traffic Count NE 2nd Street 65-feet Local N/A * ACHD does not set level of service thresholds for local roadways. Average Daily Traffic Count (ADT): Average daily traffic counts are based on ACHD’s most current traffic counts. • There are no current traffic counts for NE 2nd Street. D. Attachments 1. Vicinity Map 2. Site Plan 3. Standard Conditions of Approval 4. Appeal Guideline If you have any questions, please feel free to contact me at rhamilton@achdidaho.org or (208) 387-6171. Sincerely, Renata Ball-Hamilton Planner Development Services cc: City of Meridian (Sonya Allen and Bill Parsons), Via Email VICINITY MAP SITE PLAN 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, 7203.6, 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, or 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. 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. 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.