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HomeMy WebLinkAboutACHD 2/13/07 I.u ...,.;i~jl',- ~ John S. Franden, President Rebecca W. Arnold, Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner Carol A. McKee, Commissioner tJo~ut1(, ~ February 9, 2007 RECEIVED fIB i 3 2001 C.ity of Meridi CIty Clerk Offi~~ To: Darren Blaser 1955 Prestwick Way Boise,ID 83616 Subject: MCUP07 -001 Jamaica Me Tan East Fairview Avenue On February 9, 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. 7jj~U Ryan MCD:Z:~ oCt- ...-/ Planner I Right-ot-way & Development Services Ada County Highway District CC: Project file, Utilities City at Meridian Catco, Inc. C/O Bill Cafarelli 2309 West Mountain View Boise, ID 83706 Ada County Highway District. 3775 Adams Street. Garden City, 10 · 83714 · PH 208-387-6100 · FX 345~7650 · www.achd.ada.id.us " ;;-~i,~Right-OfWay & Development Services Department ...,.~'- tJo~ut1(, ~ Project/File: MCUP-07-001 This is a Conditional Use Permit application for a 11,000 s.t. multi tenant retail building on. 75 acres. Lead Agency: City of Meridian Site address: East Fairview Avenue Staff Level Approval: February 9, 2007 Owner: Darren Blaser 1955 Prestwick Way Boise, ID 83616 Representative: Cafco, Inc. C/O Bill Cafarelli 2309 West Mountain View Boise,lD 83706 Staff Contact: Ryan McDaniel Phone: 387-6174 email: rmcdaniel@achd.ada.id.us Tech Review: January 26, 2007 Application Information: Acreage: .75 Current Zoning: C-G Retail Square Feet: 11,000 Commercial Units: 8 A. FindinCls of Fact Existing Conditions 1. Site Information: The site is currently vacant. 1 MCUP-07-001 .- 2. D .f fAd. S d. A escrlpllon 0 acent urroun mg rea: Direction Land Use Zoning North Vacant L-Q South Vacant I-L East Restaurant C-G West Single family dwelling RUT 3. Existing Roadway Improvements and Right-of-Way Abutting or Near the Site: Fairview Avenue is currently improved with 4-traffic lanes, one center turn lane, 80-feet of pavement with sidewalk but no curb or gutter abutting the site. At the southwest property line, there is 10-feet without sidewalk abutting the subject site. There is 120-feet of right-of-way existing for Fairview Avenue (60-feet from centerline). Hickory Way is currently improved with 2-traffic lanes, 44-feet of pavement with curb, gutter and sidewalk. There is 60-feet of right-of-way existing for Hickory Way (30-feet from centerline). The subject site does not have frontage on this roadway. 4. Existing Access: There are no direct access points to Fairview Avenue from this property. The site is subject to a plat restriction for access to Fairview Avenue. The site is Lot 3 of Block 1 of Mallane Subdivision, which was originally required to provide cross access to all lots within the subdivision boundary. 5. Site History: ACHD has not recently reviewed this site for a development application. Development Impacts 6, Trip Generation: This development is estimated to generate 472 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Shopping Center 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. mpac e oa ways: Roadway Frontage Functional Traffic Count Level of Speed Classification Service* Limit Fairview 129-Feet Principal Arterial 49,861 west of Eagle Exceeds"E" 40 MPH Avenue Road on 8/17/05 37,198 east of Locust Grove Road on 5/23/06 Hickory Way O-Feet Major Collector 3,213 north of Better than 25 MPH Fairview Avenue on uC" 6/8/05 t d R d *Acceptable level of service for a five-lane principal arterial roadway is "E" (37,000 ADT). *Acceptable level of service for a two-lane collector roadway is liD" (9,500 ADT). 2 MCUP-07-001 ,- 10. Capital Improvements PlanlFive Year Work Program The District's Capital Improvement Plan lists Fairview Avenue to be widened to a 7-lane roadway. B. Findings for Consideration 1. Fairview Avenue District Right-of-Way Policy: District policy requires 120-feet of right-of-way on a principal arterial roadway (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 Sidewalk Policy: District policy requires 7 -foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Applicant Proposal: The applicant proposes to construct a portion of sidewalk on Fairview Avenue abutting the subject site at the southwest corner. The applicant proposes to utilize the existing right-of-way. Staff Comment/Recommendation: The applicant's proposal for Fairview Avenue is approved with this application as proposed. There is 120-feet of right-of-way (60-feet from centerline) for Fairview Avenue. Sidewalk exists on Fairview Avenue abutting the subject site, with the exception of approximately 10-feet at the southwest property line near an irrigation control installation. The applicant is required to complete this 10-foot section with sidewalk. 2. 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 Access Management Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. 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 Successive Driveway 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. 3 MCUP-07-001 Applicant Proposal; The applicant proposes to construct a driveway on the property to the west to access Fairview Avenue. Staff Comment/Recommendation: This lot currently has a plat restriction that prohibits access to Fairview Avenue. The location of the off-site driveway has not previously been approved by ACHD. The location of the proposed driveway offsets an approved driveway on the south side of Fairview Avenue (MCZC-06-144) by approximately 120-feet. That driveway has been restricted to right-in/out only by a center median located on the south side of the center turn lane on Fairview Avenue. The proposed driveway location (on the eastern property line of the adjacent parcel) is approximately 40~feet west (near edge to near edge) of the terminus of a new center concrete median on the south side of the turn lane. This location does not provide sufficient distance for left- turn movements out of the site, and creates a safety hazard. If the proposed driveway were location were to remain, the applicant would be required to extend the median and restrict the driveway to right-in/right-out. If the driveway were shifted approximately 60-feet west (1 OO-feet from the terminus of the concrete median), the driveway could be full-access. The location of this driveway is specific to the use of this application; if the adjacent parcel to the west develops, the District will review the access to Fairview at that time. 3. District Tree Planters District's Tree Planter Width POlicy prohibits all trees in planters less than 6-feet in width. In addition to prohibiting trees in planters less than 6-feet in width, the policy requires a minimum planter width of 6-feet for class II tress with the installation of root barriers on both sides of the planter strip or a minimum planter width of a-feet without the installation of a root barrier. The policy also requires Class I and Class III trees to provide a minimum planter width of 10-feet. 4. Other Access Fairview Avenue is classified as an arterial roadway: all access points to Fairview Avenue will be closed: direct lot access to Fairview Avenue is prohibited and has already been noted on the final plat. c. Site Specific Conditions of Al;U)roval 1. Construct a 5-foot wide concrete sidewalk on Fairview Avenue at the southwest property line to match the existing sidewalk abutting the subject site. 2. Direct lot access to Fairview Avenue is prohibited 3. Comply with all Standard Conditions of Approval. D. Standard Conditions of A~roval 4 MCUP-07-001 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 tive 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 at 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-ot-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 waiverlvariance 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 5 MCUP-07-001 ..-..... 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 6 MCUP-07-001 ! ~ :s; '. 0 ~ ~ ~ ~ s 3:l "; 0 ~ <: -i PJ n, ~ ::::! ~ ~ CI) "il ., IT! ~ IT! -i r:n ~ :-l ~ I I I ] t ./ I [ I ] ----.--.....................~--~.~ C III Q\lICIII/ III/CAli IC III' Oi A NEW RETAIL BUILDING FOR: DARREN BlAZER II EVERETT STREET INC. D I ' SI1ellan Ensley. Archi'=t .1 ~~~ I "11- "'.'= I ~::::.~ r.q~IIIf.'" 7 MCUP~07-001 ! 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 appel/ant 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 andlor 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 MCUP-07-001 ! II Development Process Checklist II [8]Submit a development application to a City or to the County IZIThe City or the County will transmit the development application to ACHD IZIThe ACHD Planning Review Division will receive the development application to review IZIThe 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. I8JWrite 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. I2JThe 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 o 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. o 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) o 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. o Idaho Power Company . Vie Steelman at Idaho Power must have his IPca approved set of subdivision utility plans prior to Pre-Con being scheduled. o Final Approval from Development Services ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 9 MCUP-07-001