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Home My WebLink AboutACHD Comments CZC 06-196 .;~~ i'~,- A~ &~ut1<> ~ John S. Franden, President Carol A. McKee, 1st Vice President Dave Bivens, 2nd Vice President Sherry R. Huber, Commissioner Rebecca W. Arnold, Commissioner January 17, 2007 To: Chris & Karen Klein 1308 West Hudson Avenue Nampa, 10 83651 RECEIVED JAN 1 9 2007 Subject: MClC-06-196 Office Certificate of Zoning Compliance 1649 First Street City of Meridian City Clerk Office On January 17, 2007, 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) 387-6174. Sincerely, Ryan Mc aniel Planner I Right-of-way & Development Services Ada County Highway District CC: Project file, Utilities City of Meridian Ada County Highway District. 3775 Adams Street. Garden City, ID . 83714 . PH 208-387-6100 . FX 345-7650. www.achd.ada.id.us ~~ i.~Right-of-Way & Development Services Department .;~'- &~ut1<> ~u- Project/File: MCZC-06-196 This is a Certificate of Zoning Compliance application for an office building located at the intersection of First Street and Cherry Lane. lead Agency: City of Meridian Site address: 1649 First Street Staff level Approval: January 17, 2007 Owner/Applicant: Chris & Karen Klein 1308 West Hudson Avenue Nampa, 10 83651 Staff Contact: Ryan McDaniel Phone: 387-6174 email: rmcdaniel@achd.ada.id.us Tech Review: January 12, 2007 Application Information: Acreage: .34 Current Zoning: O-T Former Use Residential Proposed Use Professional A. Findin'ls of Fact Existing Conditions 1. Site Information: There is currently a single family dwelling on the site that is being renovated. 2. 1 MCZC-06-196 3. Existing Roadway Improvements and Right-of-Way Abutting or Near the Site: Cherry Lane is currently improved with 5-traffic lanes, 64-feet of pavement with vertical curb, gutter and sidewalk abutting the site. There is 80-feet of right-of-way existing for Cherry Lane (40-feet from centerline). First Street is currently improved with 2-traffic lanes, 32-feet of pavement with no curb, gutter or sidewalk abutting the site. There is 60-feet of right-of-way existing for First Street (30-feet from centerline). Meridian Road is currently improved with 3-lanes north of Cherry Lane and 2- lanes south of Cherry Lane, 43-feet of pavement with no curb, gutter or sidewalk. There is 70-feet of right-of-way existing for Meridian Road (35-feet from centerline). The subject site does not have frontage on this roadway. 4. Existing Access: There is a single defined access points to First Street from this property. 5. Site History: AcHD has not previously reviewed this site for a development application. Development Impacts 6. Trip Generation: This development is estimated to generate 9 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation General Office land use designation. 7. 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. 8. Traffic Study: A traffic impact study was not required with this application. 9. mDac e oa ways: Roadway Frontage Functional Traffic Count level of Speed Classification Service* Limit Cherry Lane 128-Feet Principal Arterial 25,120 west of Better than 35 MPH Meridian Road on uGn 12/8/05 23,076 east of Linder Road on 5/5/04 Meridian O-Feet Principal Arterial 15,961 north of uG" 35 MPH Road Cherry Lane on 12/8/05 11,694 south of Cherry Lane on 12/8/05 First Street 105-Feet Local Residential 409 south of Cherry Acceptable 15 MPH Lane on 1 0/6/04 planning threshold for this Road is 2000 ADT t d R d *Acceptable level of service for a 2-lane principal arterial roadway is "0" (15,500 ADT). 2 MCZC-06-196 *Acceptable level of service for a 5-lane principal arterial roadway is "E" (37,000 ADT). 10. Capital Improvements Plan/Five Year Work Program Cherry Lane is currently listed in the Capital Improvements Plan for widening to a 7-lane roadway. An ACHD community sidewalk project on First Street that will construct curb, gutter and 5-foot attached concrete sidewalk along both sides of First Street from Washington Street to Cherry Lane. B. FindinQs for Consideration 1. Cherry Lane District Right-of-Way Policy: District policy requires 114-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- way allows for the construction of a 7 -lane roadway with vertical curb, gutter and 5-foot detached concrete sidewalks. District Roadway Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). Applicant Proposal: The applicant has not proposed to dedicate additional right-of-way on Cherry Lane and proposes to utilize the existing roadway improvements on Cherry lane. Staff Comment/Recommendation: The applicant is required to dedicate right-of-way to total 57-feet from the centerline of Cherry Lane. 40-feet of right-of-way currently exists. The District will purchase the additional 17 -feet of right-of- way from the applicant from available funds. A sidewalk will eventually be constructed approximately 48-feet from the centerline of Cherry Lane; the applicant is not required to construct that sidewalk at this time. Dedicate right-of-way to total 57-feet from the centerline of Cherry Lane abutting the parcel, an additional 17 -feet of right-of-way. 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 District will purchase the right-of-way which is in addition to existing right- of-way from available Corridor Preservation Funds. 2. First Street District Right-of-Way Policy: District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more; in which case, the sidewalk shall be a minimum of 4-feet in width. Applicant Proposal: The applicant has not proposed to construct roadway improvements to First Street. Staff Comment/Recommendation: 3 MCZC-06-196 The applicant is required to either construct West 1 st Street as one half of a 36-foot street section to include pavement widening curb, gutter and 5-foot attached concrete sidewalk or enter into a road trust for the improvements planned to be constructed as a part of the community project. The road trust amount will be approximately 6,825.00 Dollars. 3. Driveways District Driveway 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 and install pavement tapers with 15-foot radii abutting the existing roadway edge. District Driveway Width Policy: 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 return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. District Driveway Offset Policy: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). 4. Other Access Cherry Lane is classified as a principal arterial roadway: all access points to Cherry Lane will be closed except the access specifically approved with this application: direct lot access to Cherry Lane is prohibited. c. Site Specific Conditions of Awroval 1. Dedicate right-of-way to total 57-feet from the centerline of Cherry Lane abutting the parcel, an additional 17 -feet of. 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 District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 2. The applicant is required to satisfy one of the following: a. Construct West 1 st Street as one half of a 36-foot street section to include pavement widening curb, gutter and 5-foot attached concrete sidewalk along the entire site frontage abutting West 1st Street (as measured from the back of curb on the east side of the roadway to the location abutting the subject site as shown on the ACHD plans for the community project. OR b. Enter into a road trust for the improvements to be constructed on West 1st Street abutting the subject site in the amount of approximately 6,825.00 Dollars. 3. Direct lot access to Cherry Lane is prohibited. 4 MCZC~6~96 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of AWlroval 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 is 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 DIGLlNE (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. 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. 13. 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 5 MCZC-06-196 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 4. Develo ment Process Checklist 6 MCZC-06-196 . '. . - .~._-- . - ..~-_. -... . . . . ~ ,i-r~+i~.: , ...,.. ;--j...._...J . . .: i.;. I-! .._!. ~~. ~. :.. : l' ~._ i... :.. ~ -'__ _.l..'_ n:. . I . "~'-'--': .. :~. ; : ..~- . T _ L _ _ _Li_.__~__Ll.__.~L.; .L .L,:_'...2-.L'_..:... . , , . ~ : :..; ,L. :.-t- i_~_. i _:. !__.~.: ._, -~-T,' _~_:_ ,. , . 1 -1- -_. ;.--- ..~: _ ;.~=j~~r.j-~:-'i'~ :.1, -~:.. ; .1 --z T (J 'T , t'ffi.... 71: 'x}' . :.:.c 'f: I ~ ." ! -, ~ . r' '~'.~. ..,~. :u;-fr,: L .ti~~~ ~ : l 1 7 MCZC-06-196 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 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. 8 MCZC-06-196 II Development Process Checklist II [8]Submit a development application to a City or to the County [8]The City or the County will transmit the development application to ACHD [8]The ACHD Planning Review Division will receive the development application to review [8]The 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. 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. [8]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. DWrite a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. [8]The 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 one set 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 D 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 sJ. 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 Stormwater Division. D 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 MCZC-06-196