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HomeMy WebLinkAboutJoint School Distr VAR 02-015 MAYOR Raben D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433. FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM RECEIVED FEB - 7 2003 DATE: February 11, 2003 TO: . Mayor and City Council City Of Meridian City Clerk Office FROM: David McKinnon, Planner II RE: Joint School District No. Two Bus Facility . Request for a Variance from Meridian City Code section 12-4-2F, Prohibiting Cul-de-sacs and Dead End Streets from Extending beyond a Maximum of 450' in Length, to Extend the Future Access Roads (Cul-de-sacs) Within the Proposed Bus Storage and Maintenance Facility Project to Approximately 755 feet in Length, By Joint School District No.2 (File No. VAR-02-015). I have reviewed the applicant's submittal and offer the following comments and recommendations: APPLICATION SUMMARY The applicant, Joint School District No.2, has submitted a request for a variance from section 12-4-2F of the MCC, to allow two cul-de-sac streets to extend beyond the 450' maximum limit. The two new cul-de-sacs would provide access to the School District's proposed bus maintenance and storage facility just north of Franklin and approximately Y. of a mile west of Linder Road MCC 12-4-2F reads as follows: CUL-DE-SACS: no street which ends in a cul-de-sac or a dead end shall be longer than four hundred and fifty feet (450'). (Ord. 524,4-31-1990) The applicant states in their letter that a hardship exists for the subject property because prohibiting the construction of the proposed access roads will result restrict the applicant from providing access to the proposed bus facility or the property to the on the north side of the Eight- Mile lateral (Marcon). The property is bordered on the north by the Railroad track and a subdivision and on the west by the proposed bus facility. Therefore, the future extension of the proposed access roads to the north or west is not a possibility, and the property to the east already has access to Linder Road via a recently approved private street, thereby eliminating the need to connect the road to the east. VAR-Ol-Q02 Mayor and Council February 11, 2003, Page 2 The proposed bus facility has a sliding gate at the end of each cul-de-sac roadway with an internal driveway that connects the two roadways, creating a road system that functions as a looped roadway rather than two dead-end streets that are not interconnected. LOCATION The property is located on the north side of Franklin Road, approximately Y. of a mile west of Linder Road. SURROUNDING PROPERTIES North - UPPR and Merrywood Subdivision, zoned I-L and R-8. South - Future SSC facility, zoned I-L East - Marcon Property and Caffarelli Subdivision, zoned I-L. West - Rural Residential, zoned I-L REOUIRED FINDINGS According to Ordinance 12-11-2, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings, all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable. In such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; The Applicant has stated in writing that the strict application of section 12-3-4F of the MCC would prohibit public street access to the proposed bus facility. Staff finds that the strict application of this section of code would unreasonably restrict access to the rear portion of the property that is intended for future use as a school bus facility. _ B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above in the summary, staff finds that the adjacent developments do not provide public road connections to the portion of the property set aside for the future bus facility. Staff fInds that limiting the access roads to the proposed bus VAR-02-o1S Mayor and Council February 11, 2003, Page 3 facility to no longer than 450' is a hardship for the applicant based on the depth of the lot and the conditions of the adjacent developments. C. That the granting of the specified variance will n ot be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff finds that the requested variance for cul-de-sac length will not be detrimental or injurious to the public's welfare or to the other properties in the area. The variance may actually be of benefit to the other properties in the area by providing access to a public road when one is currently not available (e.g. Marcon). Staff recommends that the City Council also consider any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties before making this finding. D. That such variance will not violate the provisions of the Idaho Code. Staff is unaware of provisions of Idaho Code that would be violated by the issuance of the requested variance. E. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Staff finds that the issuance of a variance for this project will not violate the interest and purpose of the Meridian City Code because the proposed street and site design will work in tandem to provide a "looping" road system that will help to provide adequate ingress and egress to the property in the case of a fire or an emergency (that cannot be provided by a single cul-de-sac in excess of 450'). STAFF RECOMMENDATION Staff recommends approval of the submitted variance. VAR-02-OJ5 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William LM. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433. FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533' FAX 888-6854 MEMORANDUM: February 11, 2003 TO: Mayor and City Council RECEIVED FEB - 7 2003 FROM: David McKinnon, Planner II RE: Joint School District No. Two Bus Facility City Of Meridian City Clerk Office . Request for a Variance from MCC 12-4-2, (Prohibiting Cul-de-sacs and Dead End Streets from Extending beyond a Maximum of 450' in Length), to extend the future access roads (cul-de-sacs) to approximately 755 feet in length, By Joint School District No.2 (File No. VAR-02-015). I have reviewed the applicant's submittal and offer the following comments and recommendations: APPLICATION SUMMARY The applicant, Pinnacle Engineers, has submitted a request for a variance from the MCC, (specifically section l2-3-6A) to allow a time extension for the submission of the final plat for Baltic Place Subdivision. MCC l2-3-6A states that "Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan". The City Code does provide some relief from the above section of code by allowing the applicant to request a one (1) year time extension, if the request is filed prior to the termination of the one year period for filling a final plat (MCC12-3-6B). The City Council took action to approve the 12.71 Acre commercial/multi-family Baltic Place Subdivision on October 2,2001. The owner of the property, L. C. Development, did not submit a final plat or a request for a one year time extension within one year of the Council's approval of the preliminary development plan as required by City Code. The applicant is requesting the City Council to allow the Preliminary Plat to remain valid and to allow a two year time extension of the preliminary plat to allow ACHD to commence and complete construction on Franklin Road adjacent to the proposed development. VAR-03_002 Mayor and Council January 30, 2003 Page 2 LOCATION The property is located on the south side of Franklin Road, approximately Y. of a mile east of Main Street. SURROUNDING PROPERTIES North - Industrial and commercial property, zoned I-L and C-G. South - Cemetery, zoned RUT (Ada County) East - Medimont Subdivision, zoned I-L. West - Cemetery, zoned RUT (Ada County) REOUIRED FINDINGS According to Ordinance 12-11-2, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings, all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable. In such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; Applicant states that ACHD's plan to widen Franklin Road has created a special circumstance that has prevented the owner of the property to come forward with a final development plan because ACHD's construction project would be very disruptive to the development and marketing of the project. The site's access to Franklin will be limited during the road widening project. Staff does not find that the reasons cited above make the required submission of a time extension or final plat impracticable and unreasonable. Council should rely on further explanation from the applicant to determine is there are special circumstances that affect this property in a manner that would make strict application ofMCC12-3-6A or B unreasonable. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or tbe objectives ofthis Title; Staff finds that strict compliance with the requirements of this Title are not due to unusual topography, or other physical conditions of the site. The Franklin road VAR-03-002 Mayor and Council January 30, 2003 Page 3 widening project adjacent to Baltic Place may hinder the development of the project in the near future. Council shall determine if there are other conditions that make strict compliance with this Title unreasonable, or that compliance with the Ordinance will iuhibit the achievements or objectives of this Title. C. That the granting of the specified variance will n ot be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff finds that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are met at the time of building permit for all lots within the subdivision. The City Council should rely upon any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties. D. That such variance will not violate the provisions of the Idaho Code. Staff is unaware of provisions of Idaho Code that would be violated by the issuance ofthe requested variance. E. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Staff finds that the issuance of a variance for this project will violate the interest and purpose of the Meridian City Subdivision Ordinance which is intended to ensure orderly development occurs within the established timeframe. A two year extension exceeds the allowable one year extension for final plat submittals. STAFF RECOMMENDATION Staff does not find that there has been any hardship or special circumstance that has prevented the applicant from applying for a one year time extension, or from applying for a [mal plat within one year of the City Council's approval of the preliminary plat. Therefore, staffrecommends denial of this variance request to allow a two year time extension (until October 2, 2004) for the Baltic Place Subdivision. Denial of this variance will cause the Baltic Place Subdivision to remain null and void as required by MCC 12-3-6A. A new Preliminary Plat or other appropriate application will need to be submitted to the city for approval prior to the development of this property in the future. VAR-03_002 MAYOR ROBERT D. CORRIE COUNCIL MEMBERS WILLIAM L.M. NAIl Y KEITH BIRD TAMMY DE WEERD CHERIE MCCANDLESS RURAL FIRE COMMISSIONERS RlCHARD GREENE TERR Y LEIGHTON STEVE ELLIOTT CHIEF KEN W. BOWERS i ~;:;di!<<' ~ l{)t\HQ J "'r' ~'" -.a~Tf.\I:>~~;fUi,Vt}M)""""': . M MERIDIAN CITY/RURAL FIRE DEPARTMENT DEPUTY CHIEF - FIRE PREVENTION JOSEPH SILVA DEPlITY CHIEF - TRAINING BILL JOHNSON 540 East Franklin Road Meridian, lD 83642 (208) 888-1234 Fax (208) 895-0390 """""""\"""',:::::::~!:!;!:!:!::::::~~:::::~~;~__'W"~~!;:;~:~n!:!:!l!!.W<~:!!_ . 'm,,1;:!:!:;1~~!:!:U~;~:::::~fi~~~1;;;:!:::::::::~~~"n ,:~,~~i>:" February 4, 2003 RECEIVED rE8 ~ 5 2003 C. C!f: Of .Aieridi TO: Mayor, City Council & Meridian Planning & Zoning Commission 1 Clerk Otij: FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Joint School District #2-2170 West Franklin Rd. V AR 02-015, CUP 02-046 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. The Meridian Fire Department has no objection to the request for a variance to exceed the 450' foot maximum block length to 755' for the Subdivision. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 3. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A Provide one additional fire hydrant next to the Administration Building. 4. It would be recommended that the project road system be interconnected with the Marcon Project to provide secondary access for both developments. 5. Provide detail of the Fire Truck tumarolUld on the SE comer ofthe project. 6. It is requested that the project be addressed off the future road, rather than West Franklin Rd. February 5, 2003 RECEIVED FEB 05 2003 CITY OF MERIDIAN CITY CLERK OFFI(;F Mayor Robert Conie City Council Members 33 E. Idaho Meridian, ID 83642 Dear Mayor Corrie and Members of aty Council, On behalf of my parents, Wilbur and Eula Calnon, who reside at 2155 W. Franklin Road, I am writing this letter to express their concern over certain aspects of the School District Bus Facility proposed to be developed across Franklin Road from their property. {)os you may be aware, the 80 acres south of the proposed development has been in the Calnon family since around 1918. My parents owned three acres where they built and operated Calnon Floral for forty years. My uncle, a retired county extension agent, owned seventy-seven acres where he farmed and raised sheep. When they retired in 1981, it was the wish of my parents to continue to live on their land rather than to sell the floral operation to someone else and move. While they understand that the property to the north is designated "light industrial," they express the following concerns with the current proposal: 1. TRAFFIC: This is currently a two-lane, 50 mph road. Adding 200 buses (currently) and up to 350 (maximum) ~ the cars which the bus drivers will drive to the bus facility will overload Franklin Road between Linder and Ten Mlle. At the Planning and Zoning meeting, developers stated they "hoped" for a traffic light, but were told. they were too close to the Under/Franklin intersection. "Hoping" for someone else to fix the problem is not good enough! At a minimum, turn lanes and a lower speed limit are needed! Without those basics, traffic (which currently backs up at the Franklin/Ten Mile four-way stop during the morning and evening commute time) will become impossible! We have reviewed ACHD proposed plans, and we are not seeing improvements to this part of Franklin Road listed for any year. Does the City Council have information that we don't? Developers should be required to, minimally, add a turn lane into the property for west-bound buses. The s~ limit should also be lowered to 35 mph. 2. PEDESTRIAN SAFETY: It is our understanding that the developer is asking for an exception to requirements regarding landscaping and sidewalks until a later time when the remaining part of the property Is developed. It does not make sense to make these exceptions. What if the remaining part of the property isn't develOped for ten years? Developers of property to the east have completed sidewalks and landscaping, and developers of property to the west will be required to do the same. It creates danger to pedestrians to allow the property In the middle to not comply with sidewalks. Developers should be required to comply with sidewalk and landscaping requirements at this time. 3. IMPACT OF THE EXISTING NEIGHBORHOOD. Granted, the existing neighborhood is not that big. However, my parents are still very concerned about being able to get in and out of their driveway during the hours of operation. My father recently gave up driving; my mother drives, but not after dark. It is their hope that the current access road and the secondary access road will not line up with their driveway. The thought of my 82-year.old mother trying to get out onto the highway to go grocery shopping amidst 200 buses going in and out of the property across the road is a concern to my parents, my siblings, and myself. The ~oper should, when placing the secondary access road, take into consideration the position of the driveways of the neighbors. Thank you for the work you do as our city grows and develops! Sincerely, ~~Dh~~SC3Lt Irma Calnon Atkinson 1124 N. UghtningPlace Meridian, ID 83642 For 91-~ .~ t:+-t ~ ~ Wilbur and Eula Calnon 2155 W. Franklin Road Meridian, ID 83642 02/06/03 08:45 FAX 2083449002 LOMBARD CONRAD @002 lombard-Conrad Architects, P.A. February 4, 2003 City of Meridian City Clerk's Department 33 East Idaho Meridian, Idaho 83642 Re: PROPOSED TRANSPORTATION FACILITY - FRANKLIN ROAD FOR JOINT SCHOOL DISTRICT NO.2 (P & Z PUBLIC HEARING: CUP 02-046) LCA No. 02020.01 4-d RECEIVED FEB ~ 6 2003 CitlT OfU 'di C'tyOf C ."~en an I lerk Otlice To William G. Berg Jr., City Clerk: This letter is to notify the City of Meridian that the property located at 2170 W. Franklin Road, Meridian, Idaho, has been posted as of Tuesday, February 3, 2003. The properly was considered and approved under Planning & Zoning Department No. CUP-02-045 as a Transportation Facility for the Joint School District #2 in a I-L zone on 27.82 acres. The City Council hearing dale for this project is 02/11/03 @ 7:00 p.m. Sincerely, LOMBARD-CONRAD ARCHITECTS, P.A. d~J-/~ Michael Thomas, AlA Project Architect ".,'IIIIt."... ... .., 1l r... '" · ..p. . <:Ill'. ,:.' ~y .......... ~...I_~'" :> ""... "?" \. !C)l ,\,\OTJl/f \~~ :: r\ ': . '* . ~.~ . : : : :*: . . PlI C' . ~ iii BLl.-: .JJlID. .- ~ ~~.. ".o~ ..<< *1;-.. ......... ~ ~, ..... ~ OF l"O~' .............. State of Idaho ) /l S.S. County of r/da ) On this tp"" dayof 'lebntu~ inlheyearof20..Q3,beforeme },,'19-p:.urm~.., a notary public, p rsonallyappeared /1,'" -rtn-.o<.., personally known to be to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to be thai he (she) (they) executed the same. ,f}Md mu~ Notary Public My Commission Expires on &J<l<M11'5. ,;(lJ()5 (j I 1221 Shoreline Ln Boise, ID 83702 208.345.6677 10..208.344.9002 ka@lcarch,com www.lcarch.com FEB 06 '03 08:57 2083449002 PAGE. 02 02/06/03 08:45 FAX 2083449002 LOMBARD CONRAD ~001 . FAX COVER SHEET lombord.Con",d Architects, P.A. Date: ~ Cl'S Fax Number: ~1i:Y2":) - -'l:Z I ~ To: .c.~ "'1"" ~''''''-'''l Alln: \,o.l\.l...L ~~ From: f>II,~ \\"\=I~ Project: ~~.. t '~r"v.mo...{ lCA Project #: 02.C7Z.0. E:I \ File Code: ~. \::) Subject: ~-.;;.~ ~~ ~~...........-. '\\, \~..".a..tI""\o. aJA.\e>";;a t \ --"..... ,....- J . t ~I...~ "'Ci:>l.l ~ .a.t'\ vIA "",",,\L . . ~~ to \'IC ~ ~II\E: ~~I~J "'A\~ ~~ ~-"i.1~ TOTAL number of pages being transmitted: "2 II \he total number 01 pages are not received, please advise as soon as possible. FAX Cover Sheet Wlitlen lombard-Conrad Archnecis 1221 Shoreline In. eoise. ID 83702 ph: 208.345.S677 ~: 208.344.9002 FEB 06 '03 08:57 2083449002 PAGE.01 ~ -' ,...:,;;> Ada County Highway District RECEIVED JAN 29 2003 Sherry R. Huber, President Susan S. Eastlake 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner David E. Wynkoop, Commissioner City of Meridian t"'!fty m....k Office 318 Easl37th Street Garden City 10 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail tellus@ACHD.ada.id.us January 27,2003 TO: Ronald Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 SUBJECT: MV AR02-0IS Variance for cul-de-sac lengths 2170 West Franklin Road On December 17, 2002 the Ada County Highway District Commissioners acted on MCUP02-046. The conditions and requirements also apply to MV AR02-0l5. If you have any questions, please feel free to contact this office at (208) 387-6170. Siucerely, (\". \ <LL '--(l, A. ,~ ~~pment ArnJ;';t- Planning & Development Cc: Planning & Development/ChronlProject File '. Planning & Development Services City of-Ba2le ~ Construction Services DrainagelUtilities Joint School District # 2 911 Meridian Street Meridian, Idaho 83642 Lombard-Conrad Architects Michael Thomas 1221 Shoreline Lane Boise, Idaho 83702 .. Gl Gl U- (:) 0 0 0 U) M ... II . . ~ 0 0 ::E N ... ~~ Z - a:: U a:: 0 - C- O > ::l Q) , . U- s: ~ CIl ~ o o U) o o .., o ~ . ."",;-~~i.'" ~ Ada County Highway District Right-aI-Way & Development Department Planning Review Division This application does not require Commission action and is approved at the staff level as of December 17, 2002. Tech Review for this item was held with the applicant on December 13, 2002. Please refer to Attachment 4 for appeal guidelines. Staff contact: Craig Hood, 387-6174, chood@achd.ada.id.us File Numbers: MCUP02-046, Bus Facility Site address: 2170 W. Franklin Road, Meridian Owner: Ronald Van Auker 3084 E. Lanark Street Meridian, ID 83642 Applicant: Joint School District #2 911 Meridian Street Meridian, ID 83642 Representative: Michael Thomas C/O Lombard-Conrad Architects 1221 Shoreline Lane Boise, ID 83702 Application Information The applicant is requesting conditional use approval from the City of Meridian to construct a bus facility with an accessory 14,850 square foot service building and an 8,250 square foot administration building for the Meridian School District. The site is located on the north side of Franklin Road approximately 1,1 OO-feet west of Linder Road in Meridian. Acreage: Current Zoning: Proposed square footage: Existing square footage: 27.8-acres I-L 23,100 1,200 square foot (single-family residence) Vicinity Ma~ ~;:,,,,:~),x;~F~,. CYjf':l;III=S 1irr::;:;';:,~)rI~~lill::'L'li~__m ~-::=:=-~'-,.....'-"....---.._---,,---.- ~L_-1 ~Tl- 1 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 152 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: The impact fee rate from the fee tables for this use (Light Industrial) is $1,427 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. NOTE: Schools are currently exempt from impact fees. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: The site is currently vacant. The City of Meridian has approved a variance to perform a lot split on the existing 40-acre site. As a result of the lot split there is the subject site, 28- acres and a 12-acre parcel that is anticipated to be a sanitary service facility in the future. The applicant has discussed access locations with District staff and this report analyzes both of the proposed access into the entire 40-acres. The subject application, MCUP02-046 is for the transportation facility only. 5. Description of Adjacent Surrounding Area: a. North: Railroad tracks/Single-family homes (Merrywood Subdivision) b. South: Single-family home (future church site) c. East: Industrial warehouses (Caferelli Subdivision) d. West: Single-family home on approximately 15-acres zoned I-L 6. Impacted Roadways: Franklin Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: Linder Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: 423-feet for subject parcel (816-feet for future sanitary service facility) Minor Arterial 8,591 east of Ten Mile Road on 4/3/02 LOS C or better 50 MPH Linder Road, a signalized intersection None Minor Arterial 8,556 north of Franklin Road on 7/31/01 LOS C or better 35 MPH ? Franklin Road, a signalized intersection 7. Roadway Improvements Adjacent To and Near the Site Franklin Road is currently improved with two lanes (no center turn lane) with no curb, gutter or sidewalk abutting the site. There is sidewalk on Linder Road just to the east of the site abutting Caferelli Subdivision. 8. Existing Right-of-Way There is currently 60-feet of right-of-way (30-feet from centerline) for Franklin Road abutting the site. 2 9. Existing Access to the Site Access to this site is currently not delineated. 10. Site History ACHD has not reviewed this site in the recent past. 11. Five Year Work Program Franklin Road, Irom Meridian Road to Eagle Road, is currently in the Five Year Work Program lor improvements in 2004. Linder Road, lrom Franklin Road to Ustick Road is currently in the Five Year Work Program lor improvements in 2007. 12. Other Development in Area In June 01 2000, ACHD reviewed and approved a 3-lot industrial subdivision on the northwest corner 01 Franklin Road and Linder Road. Calerelli Subdivision (previously approved as MSPR-24-99) was granted an access to Franklin Road located approximately 21 O-Ieet east 01 the subject site's west property line. The applicant 01 Calerelli Subdivision was also required to dedicate 48-leet 01 right-ol- way lor Franklin Road and construct a 5-loot wide concrete sidewalk abutting the site. B. Findings for Consideration 1. Right-ot-Way District policy requires 96-leet 01 right-ol-way on arterial roadways (Figure 72-F1 B). This right-ot-way allows lor the construction 01 a 5-lane roadway with curb, gutter, 5-loot concrete detached sidewalks and bike lanes. Franklin Road is a 2-lane roadway within 60-feet of existing right-of-way. Franklin Road is not listed in the adopted Capital Improvements Plan, therefore, impact fees cannot be used to purchase the right- of-way abutting the site. General funds are not available for the purchase of this right-of-way. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. 2. Sidewalk District policy requires 5-loot wide (minimum) concrete sidewalk on all collector streets (7204.6.5). Typically, sidewalk is constructed in its ultimate location 2-leet within the new ACHD right-ol-way. II the applicant dedicates an additional 18-leet 01 right-ol-way then sidewalk can be construct in the proper location. II the applicant chooses not to dedicate right-ol-way, then the sidewalk cannot be constructed in the proper location. Therefore, the applicant has three options: 1. Dedicated an additional 18-feet of right-ol-way and construct a sidewalk on Franklin Road located no closer than 41-feet from the centerline of the roadway OR 2. Construct a 5-foot wide concrete sidewalk on Linder Road in an easement. The lace 01 sidewalk shall be located a minimum of 41-feet trom centerline. OR 3. Do not dedicate or construct sidewalk on Franklin Road abutting the site. 3. Access Points District policy 7204.11.6 requires local streets on an arterial to be offset a minimum 01 300-leet from each other. District policy (Figure 72-F4 (2)) requires driveways on an arterial road to be a minimum of 220-leet (for lull access) and 150-leet (for right-in/right-out) from an uncontrolled or stop-controlled intersection and policy (Figure 72-F5) also requires driveways on arterial streets with a speed limit of 50 MPH to be in alignment or offset a minimum of 265-leet from any other driveway. 3 The applicant has approximately 1 ,240-feet of frontage and is proposing two access points onto Franklin Road for the subject site. Staff has previously met with the applicant's representatives about the location, design and construction of the proposed access points because they are anticipated to be dedicated to the public in the future. The proposed western access point/future street is approximately 400-feet east of the existing western property line (of the entire 40-acre parcel), and in alignment with an existing driveway to a single-family home on the south side of Franklin Road. The proposed eastern access pointffuture street is located near the west property line, approximately 780- feet from the proposed western access point and approximately 250-feet from an existing driveway to a single-family home on the south side of Franklin Road (future church site). The proposed access points meet District policy and should be approved with this application. In accordance with District policy, stub streets to the undeveloped parcels abutting this site (west) may be required upon review of a future application for this site. Graveled access points abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, the applicant should be required to pave the access point(s) at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge Street name and stop signs are required for roads. The signs may be ordered through the District at the cost of $240. Verification of the correct. aooroved name of the road is reauired. ACHD does not make any assurances that a private road that is a part of an application will be accepted as a pUblic road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway(s) to ACHD: . Dedicate a minimum of 54-feet of right-of-way for the road. . Construct a 40-foot street section with curb, gutter and 5-foot wide concrete sidewalks on each side of the street. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). C. Site Specific Conditions of Approval 1. The applicant may construct a driveway/future street on the east property line, as proposed. Pave the driveway/street a minimum of 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. If the roadway is to be dedicated to the public it should be constructed as a 40-foot street section with curb, gutter and 5-foot wide sidewalks. In addition, the following requirements must be met if the applicant wishes to dedicate the driveway/street to ACHD: . Dedicate a minimum of 54-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). 2. The applicant may construct a driveway/future street located approximately 400-feet east of the west property line and approximately 780-feet from the eastern driveway, as proposed. 4 , Pave the driveway/street a minimum of 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. If the roadway is to be dedicated to the public it should be constructed as a 40-foot street section with curb, gutter and 5-foot wide sidewalks. In addition, the following requirements must be met if the applicant wishes to dedicate the driveway/street to ACHD: . Dedicate a minimum of 54-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). 3. Franklin Road, from Linder Road to Ten Mile Road, was overlayed in 2002. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for further details. 4. If sidewalk is constructed on Franklin Road, the face of the sidewalk shall be located a minimum of 41-feet from centerline. Provide an easement for any portion of the sidewalk on Franklin Road that meanders outside of the right-of-way. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. 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. 6. 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. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to 5 ~ 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. 9. 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. 10. 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 and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan (2) 3. Appeal Guidelines 6 ~ . 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. Appeal Guidelines 7