HomeMy WebLinkAboutBentley Apartments CUP 02-048
February 3. 2003
MERIDIAN PLANNING & ZONING MEEfING
APPLICANT Tamura and Associates
CUP 02-048
February 6. 2003
ITEM NO.
16
REQUEST Public Hearing - Request for a Conditional Use Permit for a multi-family dwelling unit
in a proposed 0-T zone for Bentley Apartments - 518 East Broadway Avenue
AGENCY
COMMENTS
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted: ~V I L) ~1>-.
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
See Attached Comments
See Attached Comments
See Attached Comments
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See Attached Comments
See Attached Comments
No Objection
See Attached Comments
DateJ ~") 1Y5
Phone: W>-t?1S( tjJ./\
Material. pre.ented at public meeting. .hall become properly of the City of Meridian.
RECEIVED
FEe - 3 2003
C~ty OfMeridi
CIty Clerk O.m:
· Request for a Rezone of Property Located at 518 E. Broadway A venue from
R-8 (Medium Density Residential District) to 0- T (Old Town), by Tamura
and Associates (File No. RZ-02-009).
MAYOR
Robert D. Come
HUB OF TREASURE VALLEY
A Good Place to Live
CITY COUNCIL MEMBERS
Keith Bird
Tammy deWeerd
Cherie McCandless
William L. M. Nary
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433, FAX (208) 887-41!13
City Clerk Office Fax (208) 888-4218
MEMORANDUM:
To:
Mayor, City Council and Planning & Zoning Commission
Dave McKinnon, Planner II J:j.A c:-:::::#
Bruce Freckleton, Senior Engineering Tech ~
From:
Re:
Bentley Apartments
LEGAL-DEPARTMENT
(208) 288-2499' Fax 288-2501
PUBLIC WORKS
BUIlDING DEPARTJ,lElo:T
(208) 887-2211 . Fax 887-1297
PLfu'JNING AND ZONING
DEPARfMENT
(208) 884-5533 . FAX 888-6854
January 16,2003
· Request for A Conditional Use Permit to Allow the Construction of a Multi-
family Dwelling (Four-Plex) on a piece of property located at 518 E.
Broadway Avenue, in a Proposed O-T (Old Town) Zone, by Tamura and
Associates (File No. CUP-02-048).
We have reviewed the above referenced snbmittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, nnless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant(s), Tamura and Associates, have requested the approval of a rezone of property
located at 518 E. Broadway Avenue from R-8 to O-T in order toaccornmodate a request for a
conditional use permit to allow the construction of a four-plex on the property. The property is
depicted as Old Town on the Comprehensive Plan's Future Land Use Map, and the development
of land in the Old Town Zoning District requires a conditional use permit for the proposed multi-
family use.
The proposed four-plex building will be 3,884 square feet and will be two stories tall, with two
units on the first floor and two on the second floor. Parking for the proposed development will be
provided off of the alley on the north side of the building. The applicant has proposed 8 parking
stalls (2 per unit) for the project, 4 covered stalls, two uncovered compact stalls and two
additional uncovered stalls arranged in a tandem parking arrangement behind the compact stalls.
The proposed project site has a total area of 7,320 square feet (0.172 acres) and if approved, the
density for this project will be approximately 26 units per acre. The existing single family home
will be removed and replaced with parking, drainage, landscaping, sprinkler system, lighting,
and the four-unit townhouse building.
CUP.02-04S, RZ-02-009
Benlley Apartments.RZ, CUP
Planning & Zoning Commis8ionlMayor & City Council
January 21,2003
Page 2
LOCATION
The subject property, 518 E Broadway Avenue, is located on the north side of Broadway,
approximately halfway between E. 5th Street and E. 6th Street.
SURROUNDING PROPERTIES
North: Single-family residential, zoned R-8.
South: Industrial property, zoned I-L.
East: Multi-family residential (four-plex) zoned R-8.
West: Multi-family residential (four-plex) zoned R-8.
CURRENT OWNERS OF RECORD
Teresa Bentley is the current owner of the subject property and she has submitted an affidavit of
legal interest to allow the applications to be submitted for her property.
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment (11-15-
11):
A. Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive plan
amendment;
Staff finds that the requested Old Town (O-T) zoning designation is in accord with the
Comprehensive Plan's Future Land Use Map which delineates the subject property as
"Old-Town". The text of the Comprehensive Plan (page 99) supports the construction of
multi-family uses within the 0- T zone.
B. Is the area inclnded in the zoning amendment intended to be re-zoned in the future;
Staff finds that the proposed re-zone and accompanying development plans comply with
the requested zone and Staff does not anticipate that the property will be rezoned in the
future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that the applicant has submitted detailed development plans for the property as
part of this application, and that the proposed development may be allowed with the
approval of a conditional use permit in the proposed 0- T zone.
D. Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned;
CUP.02-048, RZ-Q2.a09
Bentley ApartrnentB.RZ- CUP
Planning & Zoning CommissionlMayor & City Council
January 21, 2003
Page 3
Staff finds that the recent adoption of the City's new Comprehensive Pan has provided
the applicant with the ability to request the 0- T zone for the subject property. Staff finds
that there have been no physical changes in the area that dictate how the property should
be rezoned.
E. Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
Staff finds that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood (four-
plexes) and intended character of the area. Staff fmds that additional architectural
features could be added to the southern elevation of the building to give the proposed
building a more attractive street appearance.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone should not be disturbing to existing or future
neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within
the 0- T zone may be disturbing to future or existing neighbors; however staff anticipates
that the proposed development should not be hazardous or disturbing to the neighboring
uses. The Commission and Council should carefully consider all public testimony, oral
and written, before making this finding.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such service;
Staff finds that the proposed uses will be adequately served by all essential public
services and facilities.
H. Will not create excessive additional reqnirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
Staff finds that the requested uses will not create excessive additional requirements at
public costs for public facilities and services. Additionally, staff finds that the proposed
rezone would not be detrimental to the economic welfare of the community.
I. Will not involve uses, activities, processes, materials, equipment, and conditions that
will be detrimental to any persons, property, or general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors;
CUP_02_04S, RZ-02-QQ9
Bentley Apurtments,RZ. CUP
Planning & Zoning Commission/Mayor & City Council
January 21,2003
Page 4
Staff [mds that the proposed 0- T zoning designation of the property does not inherently
allow uses that will generate activities, processes, materials, equipment, and conditions
that are detrimental to the general welfare of the community.
J. Will have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
Staff finds that the proposed 0- T zoning will not interfere with general traffic patterns on
any public streets.
K Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance.
Staff does not [md that any natural or scenic feature will be lost, damaged or destroyed
by approval of this rezone.
L. Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of the City by allowing a
property owner to make improvements to the property that would otherwise not be
allowed without the rezone.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking landscaping and other features as may be required by this
ordinance;
Staff finds that the subject property is large enough to accommodate the requested use
and all required features only if the Commission and Council approve of the proposed
tandem parking and reduced buffers between land uses. Staff has reviewed the proposed
reductions for landscaping and parking and finds that because the project is in a proposed
0- T zone, where higher densities and mixed uses are encouraged, that the proposed
reductions are appropriate.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
As noted earlier in the report, the Comprehensive Plan Land Use Map designates the
property as "Old Town", in harmony with the requested 0- T zoning designation.
C. That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
CUP-02-048, RZ-02.o09
Bentley Apartmenls.RZ. CUP
Planning & Zoning CommissionlMayor & City Council
January 21,2003
Page 5
of the general vicinity and that such use will not adversely change the essential
character of the same area;
Staff finds the design concept to be compatible with the other (adjacent) multi-family
uses in the general neighborhood and the existing/intended character of the area.
Staff also finds that the proposed improvements would bring the property closer to the
intended character of the area by replacing the existing small residential structure with a
new, higher density residential use.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
Staff does not anticipate that the proposed project will have an adverse impact on the
surrounding property; however, the Commission and Council should consider any
testimony given at the public hearings before making this finding.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such services;
Staff finds that the proposed development will be adequately served by the essential
public facilities and services listed above, if improvements are made by the applicant in
accordance with existing policies, ordinances and Uniform Codes.
F. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
Staff finds that the proposed improvements would not be detrimental to the economic
welfare ofthe community, nor would they create the need for any new facilities or
services to be paid for by the public.
G. That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from
the proposed use.
H. That the proposed use will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding public
streets;
eup-02-048. RZ-02-009
Bentley Aplll1mcnls.RZ. CUP
Planning & Zoning Comrnission/Mayor & City Council
January 21,2003
Page 6
Staff fmds that the proposed use will not create significant interference with any traffic
on the surrounding public streets, if street and parking improvements are designed in
conformance with ACHD requirements. Parking access is taken off the alley, not from
Broadway.
I. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff does not find that any natural or scenic feature will be lost, damaged or destroyed
by issuance of this conditional use.
SPECIAL CONSIDERATIONS
1. Tandem Parking: The proposed project includes four (4) tandem (one in front of the
other) parking stalls and four covered parking spaces under a carport. The COrnnIission
and Council recently approved tandem parking for another four-plex in the 0- T zone
(Thornton four-plex).
The proposed tandem parking configuration for this project differs from the one approved
last year because this project requests approval of two compact stalls within the tandem
parking and by not providing any covered parking for the tandem parking stalls. Staff
does not object to the proposed compact stalls. However staff has concerns with the
tandem parking configuration based on the assumption that each apartment will have one
covered parking stall, and then the tandem parking would be a free for all between the
tenants, resulting in the blocking of another tenants car. The Commission and City
Council should determine whether the proposed tandem parking configuration is
acceptable as proposed.
2. Landscape Buffers: By the letter of the ordinance, a five foot (5') wide landscape buffers
is required along the perimeter of the property wherever parking or traffic circulation is
adjacent to the property line. The proposed four-plex design provides only three feet (3')
of landscaping between the parking and the adjacent properties. Given the higher density,
mixed use nature of the Old Town area in which this project is located, staff supports the
produced reduction in landscape buffers between lots. The COrnnIission should determine
if the proposed reduction in landscaping is appropriate for the proposed use in the
proposed 0- T zone.
3. Sidewalks: The applicant has proposed a 3\-'2 foot wide sidewalk along the western
property line (running north and south) of the subject lot to provide access from the
parking lot, located off the alley, to the front doors of the four-plex and to connect to new
and existing sidewalk on Broadway Avenue. The proposed sidewalk dead-ends into the
western "compact" tandem parking stall, and does not provide access to the other parking
stalls. StaffrecornnIends extending the sidewalk to the north and to the east, in "front" of
the other parking stalls, so that the people parking in the stalls will not have to walk
across the landscaping to get to the sidewalk. Furthermore staff recommends that the
CUP-02-04B, RZ-02-009
BenLley Apartments.RZ. CUP
Planning & Zoning Commission/Mayor & City Council
January 21,2003
Page 7
internal sidewalk be widened to five feet (5') in width. Please see site specific conditions
of approval number 8 below.
4. Mitigation of Existing Trees: The application indicates the removal of a large existing
tree in order to accommodate the tiling of an irrigation canal on the northern boundary of
the property. MCC 12-13-13-6 requires mitigation for all existing trees removed, unless
the trees are deemed unhealthy or a hazard by the City Arborist. Given space limitations
and reasons for removal, full mitigation may be impossible or unnecessary.
SITE SPECIFIC CONDITIONS OF APPROVAL
1. Sanitary sewer and water service to this site will be provided via existing mains adjacent
to the project site.
2. Assessments for sewer and water service are determined during the building permit
application process.
3. In accordance with MCC 11-13-4.B.2, underground year-round pressurized irrigation
must be provided to all landscape areas on site. Applicant shall submit irrigation
performance specifications based on the proposed landscaping when applying for a
Certificate of Zoning Compliance. Applicant shall be required to utilize any existing
surface or well water for the primary source, if existing. I f City water is proposed for
irrigation, developer shall be responsible to pay water assessments for the landscaped
areas.
4. LandscaDinl!: Per MCC 1I-13-4.B.1 and MCC 12-13 landscaping is required on site for
all multi-family residences. The Applicant is proposing several (2) two-inch caliper trees,
lawn, and shrubs and staff finds that this meets the basic requirements of the ordinances.
A detailed landscape plan, in accordance with the Landscape Ordinance will be required
at the time CZC submission. All trees must be kept outside of the public right-of-way.
The applicant is responsible to ensure that no ea8ements exist that would preclude the
proposed landscaping.
5. Fencing: The proposed 6 foot vinyl fencing located on the east and west property line
shall be reduced to three feet (3') within twenty feet (20') of the north or south property
line in accordance with the MCC.
6. Applicant shall coordinate with Sanitary Services Corporation (SSe) regarding the
location and design of the trash enclosure area. Submit details and written approval with
a Certificate of Zoning Compliance application. The Trash enclosure shall be
incompliance with section 11-12-1.C of the MCC.
7. Significant alteration of elevations approved as part of the conditional use permit will not
be considered without modification of the conditional use permit and additional public
hearings.
8. The internal sidewalk shall be widened to five feet in width and shall be extended to the
CUP-02-048, RZ.02-o09
Bentley Apanmenls.RZ_ CUP
Planning & Zoning Commission/Mayor & City Council
January 21,2003
Page 8
north and east to provide access to all of the parking stalls proposed for this development.
STANDARD CONDITIONS OF APPROVAL
I. Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
2. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
3. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (000.557, 10-1-91) for all off-street parking
areas. All drainage water is to be maintained on-site. Storm water treatment and disposal
must be designed in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho Cities and
Counties and City of Meridian standards and policies. Off-site disposal into surface
water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
4. Outside lighting, whether attached to the principal building or located within the parking
lot shall be designed and placed so as not to direct illumination on any nearby residential
areas or the traveling public in accordance with the MCC.
5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as
specifically approved. No temporary signage, flags, banners or flashing signs will be
permitted.
6. Per Ordinance 11 -17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder must acquire building permits and CODmlence the
construclion of permanent footings or structures. Time extensions are allowed per the
ordinance.
RECOMMENDATION
Staff recoDmlends approval of the requested rezone and conditional use permit, with the
conditions noted above.
CUP-02-04B, RZ-02.009 Bentley Apartments,RZ. CUP
MA VOR
ROBERT D. CORRIE
COUNCIL MEMBERS
WILLIAM L.M. NARY
KerrH BIRD
TAMMY OE WEERD
CHERIE MCCANDLESS
RURAL FIRE COMMISSIONERS
RICHARD GREENE
TERRY LEIGHTON
STEVE ELLIOTT
bJ:!lliE
KeN W. BOWERS
DEPUTY CHlEF . FIRE PREVENTION
JOSEPH SILVA
DEPUTY CHIEF - TRAINING
BILL JOHNSON
540 East Franklin Road
Meridian, ID 83642
(208) 888-1234
Fox (208) 895-0390
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MERIDIAN CITY/RURAL FIRE DEPARTMENT
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................_..........._;:~~.~7, 2~O~ ..._-~-_.._._-_._......_---_._--_._.RECElVED..
JAN 2 7 2003
qtYOfMeridi
CIty Clerk O.m:
TO: Mayor, City Council and Meridian Planning & Zoning Commission
,q,,""~\.,~''''',
,".",.,,, -,-,~,_.
FROM: Joseph Silva, Deputy Chief, Fire Prevention
SUBJECT: Bentley Apartments RZ 02-009, CUP 02-048
The following will be the requirements to provide minimum levels of fire protection for the
proposed project:
1. The project shall have a fire-flow as required by the Uniform Fire Code for four 4-
plex buildings. This is estimated to be a fire-flow of 1,750 gallons per minute
available for a duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of350' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department
5. The addresses shall be posted in 6" numbers on the street side of the building &
small unit numbers shall be posted on each entry door.
Joint School District No.2
911 Meridian Road. Meridian. Idaho 83642 . (208) 855-4500 . Fax (208) 888-6700
SUPERINTENDENT
Christine H. Donnell
RECEIVED
JAM 1 0 2003
January 7, 2003
City of MerIdian
City Clerk Office
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Dear Planners:
The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district
are operating over capacity.
Approval of Bentlev Apartments will have a significant impact on school enrollments at
Meridian Elementary. Meridian Middle. and Meridian High School.
Additional students will further compound the current overcrowded situation. Residents
cannot be assured of attending the neighborhood school, as it may be necessary to bus
students to other schools across the district.
School capacity is addressed in Idaho Code 67-6508. The Meridian School District is
currently operating beyond capacity. Future development will continue to have an impact
on the district's capacity. If you have any questions, please contact me at 888-6701.
Sincerely,
~~
Supervisor of Facilities and Construction
-
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MA OR
Ro en . Conic
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PARKS & RECREATrON
(108888-3579. Fax 898-5501
PUBLIC WORKS
(208) 898-5500 .Fax 8:':7-1297
BUILDING DEPARTMENT
(208) 887.2211 . Fax 887-1297
PLANNING AND ZONING
(1081 88-1-5533 . Fo., 888.685-1
LEGAL OEP..RTMENT
(208) ~S8-2499' Fo,;\ 288-2501
CITYCO N LMEMBERS
Tam deWcerd
William L. M. Nary
Cherie McCandless
Keith Bird
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: January 30, 2003
Transmittal Date: December 27,2002 Hearing Date: February 6, 2003
File No.: CUP 02-048
Request: Request for a Conditional Use Permit for a multi-family dwelling unit in a
proposed O-T zone for Bentley Apartments
By: Tamura and Associates
Location of Property or Project: 518 East Broadway Avenue
David Zaremba, P/Z (No VAR. VAC. FP) Meridian School District (No FP)
Jeny Centers, P/Z (No VAR. VAC, FP) Meridian Post Office (FPIPP only)
Leslie Mathes, P/Z (No VAR, VAC. FP) Ada County Highway District
Michael Rohm, PIZ (No VAR, VAC. FP) CommunKy Planning Assoc.
Keith Borup, P/Z (No VAR. VAC, FP) Central District Health
Robert Corrie, Mayor Nampa Meridian Irrig. District
Bill Nary, CIC Settlers Irrigation District
Tammy deWeerd, C/C Idaho Power Co. (FPIPPonly)
Keith Bird, C/C U.S. West (FPIPPonly)
~erie McCandless, C/C Intermountain Gas (FPIPPonly)
V Water Department Bureau of Reclamation (FP/PP only)
Sewer Department Idaho Transportation Department. (No FP)
Sanitary Service (No VAR. VAC. FP) Ada County (AnnexaUon only)
::~":;o:.";""' ~"' eoo:;rom'j - ~~ ~%'~ 9::;,x-1;
Police Department )f!~~:;; ~~o/; _;_':_~_ ~__
City Altomey . /~py ~/z.e
City Engineer
City Planner /~/JL
Parks Department
RECEIVED
JAN - 8 2003
City of Meridian
City Clerk Office
33 EAST IDAHO. MERIDIAN, IDAHO 83642
(208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888.4218 . Human Resources Fax (208) 288-1193
(I CENTRAL
_HEALTH
DEPARTMENT
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
RECEIVED
R cO '2..-00'1 JAN 1 5 2003
('-LA () 00--~t( V CltynfMeridian
City Clerk Office
Rezone #
Conditional Use #
Preliminary I Final I Short Plat
~~t~ ~,
Relurn 10:
o Boise
DEagle
o Garden City
~dian
o Kuna
OACZ
o Star
~ We have No Objections to this Proposal.
o 2. We recommend Denial of this Proposal.
o 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
o 4. We will require more data concerning soil conditions on this Proposal before we can comment.
o 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
o high seasonal ground water 0 waste flow characteristics
o or bedrock from original grade 0 other
o 6. This office will require a study to assess the impact of nutrients and pathogens to receiVing ground waters and/or
surface waters.
o 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
o 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
o central sewage 0 community sewage system 0 community water well
o Interim sewage 0 central water
o individual sewage 0 individual water
09. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
o central sewage 0 community sewage system 0 community water
. .. 0 sewage dry lines 0 central water
o 1 Q. Run-off is not to create a mosquito breeding problem.
o 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
o 13. We will require plans be submitted for a plan review tor any:
o food establishment 0 swimming pools or spas
o beverage establishment 0 grocery store
o child care center
014.
Date: U /.3 I t13-
Reviewed By: ~~~t!!:7U
Review Sheet
CDHD9/00Ikc
~ & ~ 1~ Z'c4tUa
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
January 6, 2003
RECEIVED
JAN - 8 2003
Phones: Area Code 208
OFFICE: Nampa 4661861
SHOP: Nampa 466-0663
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridi!lllt;1D81ts42
City of Meridian
__ City Clerk Qf!ic<, _
Re: CUP 02-048 Conditional Use Permit for proposed Bentley Apartments
Dear Commissioners:
It appears all drainage is being retained on site and this is acceptable to the Nampa &
Meridian Irrigation District. The District does not have any facilities that will be
impacted by the above-mentioned proposed project.
Sincerely,
4#P!~
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH/dll
Cc: File - Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABlE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS, 40,000
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Ada County Highwa J-krYls /5 & 1&
Sherry R. Huber, President
Susan S. East/ake, 1 st Vice President
Dave Bivens, 2nd Vice President
David E. Wynkoop, Commissioner
John S. Franden, Commissioner
318 East 37th Street
Garden City ID 83714-6499
Phone (208) 387.6100
FAX (208) 387.6391
E-mail: tellus@ACHD.ada.id.us
January 30, 2003
TO:
Matthew Rhees
499 Main Street
Boise, ill 83702
RECEIVED
FROM:
Craig Hood Cl~
Senior Development Analyst
Planning & Development
~~8
rt: -:3 2003
rjf-. Ot-M .di
J.~J et1 all
CIty Clerk Office
SUBJECT: MCUP02-048/MRZ02-009
Bentley Apartments
518 E. Broadway Avenue
On January 29,2003 the Ada County Highway District Commission acted on your application for the above
referenced project. The attached staff report lists conditions of approval and street improvements, which are
required.
If you have any questions, please feel free to contact staff at (208) 387-6170.
Cc: Planning & Development/chron/project file
City of Meridian
Construction Services
Drainage
Teresa Bentley, 2929 Wildwood Street, Boise, ID 83713
.....:...itl..."
. ~ Ada County Highway District
Right-of- Way & Development Department
Planning Review Division
This application requires Commission action because the applicant is requesting a waiver of the requirement
to pave an abutting alley. This item was heard on the regular agenda on January 29, 2003, at 12:00 pm
(noon). Tech Review for this item was held with the applicant on January 10, 2003 via phone/fax. Please
refer to Attachment 4 for appeal guidelines. Staff contact: Craig Hood, 387-6174, chood@achd.ada.id.us
File Numbers: MCUP02-0481MRZ02-009, Bentley Apartments
Site address: 518 E. Broadway Avenue, Meridian
Owner/Applicant: Teresa Bentley
2929 Wildwood Street
Boise,ID 83713
Representative: Matthew Rhees
C/O Tamura & Associates
499 Main Street
Boise, ID 83702
Application Information
The applicant is requesting conditional use and rezone approval from the City of Meridian to construct a 4-
plex on a 0.17-acre site. The site is located on the north side of Broadway Avenue, between East 5th Street
and East 6th Street.
Acreage:
Current Zoning:
Proposed Zoning
Existing square footage:
Proposed square footage:
O.17-acres
R-8
O-T
Approximately 1 ,OOO-square feet, to.be removed
3,834-square feet
8m
RmlTl
1
A. Findings of Fact
1. Trip Generation: This development;s estimated to generate 16 additional vehicle trips per day (10
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: There will be an impact fee assessed for the proposed building on this site. The fee
will be based on the impact fee ordinance in effect at the time that a building permit is issued.
3. Traffic Impact Study: Due to the few trips that this site is expected to generate, a traffic impact
study was not required with this application.
4. Site Information: There is currently a 1 ,OOO-square foot single-family home on the site.
5. Description of Adjacent Surrounding Area:
a. North: Single-family residences
b. South: Vacant field
c. East: Multi-family structure
d. West: Multi-family structure
6.
Impacted Roadways:
Broadwav Avenue:
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Nearest intersection:
East 5th Street:
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Nearest intersection:
Pine Avenue:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
Unnamed Allev:
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Nearest intersection:
2
60-feet
Local
No current count available
25 MPH
East 5th Street, a stop-controlled intersection
None
Local
No current count available
25 MPH
Broadway Avenue, a stop-controlled intersection
None
Major Collector
3,767 east of Meridian Road on 7/26/00
LOS C or better
25/35 MPH
East 5th Street, a stop-controlled intersection
60-feet
Local
No current count available
Not posted
East 5th Street, an un-controlled intersection
7. Roadway Improvements Adjacent To and Near the Site
Broadway Avenue is improved with 2 lanes (no center turn lane), no curb or gutter and a damaged 4-
foot wide detached sidewalk abutting the site. The alley on the north side of this site is currently
unimproved abutting the site from East SII1 Street to East 6111 Street.
8. Existing Right-of-Way
There is 100-feet of right-of-way for Broadway Avenue on the west side of SII1 Avenue. There is
currently 40-feet of right-of-way for Broadway Avenue abutting the site. All 40-feet of deeded right-of-
way exists on the north side of the center of the existing pavement. When the parcel to the south of
this site redevelops, then the District should acquire additional right-of-way for Broadway Avenue.
There is currently 16-feet of right-of-way for the alley on the north side of the site.
9. Existing Access to the Site
Access to this site is currently provided from the alley. There are no access points onto Broadway
Avenue for this site.
10. Site History
ACHD has not reviewed this site in the recent past.
11. Five Year Work Program
Franklin Road, from Eagle Road to Main Street, is currently in the Five Year Work Program for
roadway improvements in 2004. Locust Grove Road, from Fairview Avenue to Franklin Road, is
currently in the Five Year Work Program for roadway improvements in 2006.
12. Miscellaneous
There are existing multi-family dwellings on either side of this site. The District did not receive
applications for those sites and thus did not review or require any roadway or alley improvements
abutting those sites.
B. Findings for Consideration
1. Roadway Right-of-Way
District policy 7204.4.1 and Figure 72-F1A require SO-feet of right-of-way on local streets. This right-
of-way allows for the construction of a 2-lane roadway with curb, gutter and S-foot wide concrete
sidewalks. Staff recommends that the applicant not be required to dedicate any addftional right-of-
way on Broadway Avenue because al/ of the right-of-way for Broadway Avenue currently exists on
the north side of the roadway. The District should acquire the remaining right-of-way and the
remaining portion of the street section when the property to the south redevelops.
2. Roadway Improvements
District policy 7203.4.1 requires the deveioper abutting a paved local street to widen the existing
pavement to one-half the required street width and construct improvements, curb, gutter and sidewalk
abutting the development, unless these improvements already exist. District policy 7203.6 requires
the applicant of a proposed development to make improvements to existing damaged sidewalk; curb
and gutter construction or replacement; replacement of unused driveways with standard curb, gutter
and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and
other similar items in order to correct deficiencies or replace deteriorated facilities. In addition, District
policy requires S-foot wide (minimum) concrete sidewalk on all local streets, except those in rural
developments with net densities of one dwelling unit per acre or less (7204.4.7). There is currently a
3
4-foot wide sidewalk abutting the site that is damaged. The applicant is proposing to construct a new
4-foot wide sidewalk abutting the site.
Staff Request for Modification of Policy:
Due to the minimal amount of frontage on Broadway Avenue (50-feet), construction of curb and
gutter abutting this site may cause drainage and runoff problems for this site and adjacent properties.
The parcels directly to the east and west of this site were recently improved with multi-family
dwellings by the City of Meridian. Because these parcels were recently built-out, staff does not
anticipate that these parcels will redevelop at any time in the near future. Because it is anticipated
that the District will not be reviewing development applications for the parcels adjacent to this site, the
District will be unable to require the construction of improvements to correct the curb and gutter
deficiency on Broadway Avenue. In order to prevent pOSSible drainage and storm water runoff
problems, staff recommends that the applicant not be required to construct curb, gutter or pavement
widening on Broadway A venue abutting the site. In order to correct the sidewalk deficiency on
Broadway Avenue, the applicant should be required to construct a 5-foot wide concrete sidewalk
abutting the site, to match into the existing sidewalk on Broadway Avenue.
3. Alley Right-of.Way
District policy 7204.10 states that if a 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.
There is already 15-feet of right-of-way for the alley abutting the site. The applicant should not be
required to dedicate any additional right-of-way for the alley because sufficient right-of-way currently
exists.
4. Alley Improvements
. Paving
District Policy 7204.10.1 states if the proposed development is not a single-family detached
residence and it 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.
. Access
Access is allowed to and from a fully improved alley (District policy 7204.10.2).
. Parking
On site parking shall be designed so the minimum clear distance from the back of the parking
stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an
alley shall be located a minimum of 25-feet from the nearest public street.
The applicant is proposing to provide 5 parking stalls off of the alley on the north side of the site. The
applicant is showing 22-feet of back-up space from the back of the proposed parking stalls. The
design of the parking off of the alley meets the District's requirements.
Request for Waiver/Modification of Policy:
The applicant has requested a waiver of the requirement to pave the alley, totally at the applicant's
expense, because it is unfair to have the applicant bear the total cost of paving the alley (see
Applicant's Letter). The property owners on each side of this property have recently redeveloped their
parcels into identical uses, however, they were not required to pave the alley. Further, any future
property owners that propose to redevelop will have the benefit of a new paved alley and will not
have to contribute to the cost. The applicant is proposing to pave 480 square feet (18%) of the alley
at their cost and have the remaining portion (2,700 square feet, 82%) of the alley paving costs
deducted from the ACHD impact fees assessed on this site (see Applicant's Letter).
4
Staff Analysis and Recommendation:
District policy requires an applicant that is proposing to take access to an alley to pave the alley entire
width of the right-of-way abutting the site and to the nearest roadway. The primary reason for
requiring an alley to be paved is because gravel often gets tracked onto the roadway, creating
maintenance problems. The applicant is proposing to pave only half of the width of the alley (8-feet)
and only abutting the site (60-feet of frontage) for a total of 480-feet. District policy 7202.6 states that
alleys are not considered part of the traffic circulation system. Unless specifically approved by the
District, an alley should not serve as primary access to a lot or building. Allowing the subject applicant
to use the alley as primary access to the building should require bringing the alley up to the adopted
standards as outlined above. Further, alleys are not considered part of the traffic circulation system
and impact fees can only be used for the service capacity of the system generated by the new
development (District policy 7305.2 & Idaho Code, section 67-8204(2)). Impact fees cannot be used
to improve the alley. Because the applicant is proposing to provide primary access to this site from an
alley, the applicant should be required to pave the alley on the north side of the parcel to the nearest
street (East ft' Street or East ft' Street) and abutting the parcel, without any compensation from the
District.
NOTE: ACHD did not receive the development applications from the City of Meridian when the
properties on either side of this site redeveloped.
On January 29, 2003 the ACHD Commissioners voted to require the applicant to provide a
$1,200 payment to the ACHD Maintenance Department. ACHD will buy the hot.mix with the
$1,200, provide the labor and be responsible for paving the alley abutting the site. This
requirement is in lieu of the requirement for the applicant to pave the alley abutting the site
and to the nearest street.
C. Site Specific Conditions of Approval
1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parceL The
sidewalk shall tie into the existing sidewalk on either side of the development.
2. Provide a payment of $1,200 to the ACHD Maintenance Department for the paving of the
alley abutting the site. ACHD will be responsible for the paving of the entire alley abutting the
site from East 5th Street to East 6lt1 Street.
3. Provide a minimum of 22-feet of back-up space (measured from the back of the parking stall
to the opposite side of the alley) for the proposed perpendicular parking off of the alley, as
proposed.
4. 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 bome
by the developer.
5
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. 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 details.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
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.
10. 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.
11. 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
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.
6
Attachments:
1. Vicinity Map
2. Site Plan
3. Applicant's Leiter
4. Reconsideration Guidelines
7
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SITE PLAN
lY5. [ln~
Oe ~ 2 ~~ If D Bentley Apartments
c: h ) 518 Eo Broadway Ave.
... " , I
b I , Maridan. Idaho
January 15,2003
Ada County Highway District
318 E 37th Street
Garden City, ldaho 83714
RE: Conditional Use and Rezone Application
Bentley Apartments
518 E. Broadway Ave.
Meridian, ID 83642
We have reviewed you preliminary report dated January 10, 2003, file no. MCUP02-
048/MRZ02-009. Under the Findings for Consideration, (part B), we have the
following comments:
Item 2 We do not have a problem removing the existing damaged 4'.0" sidewalk
and replacing it with a 5' -0" concrete sidewalk.
. .
Item 4 Alley Improvements: We feel that requiring this property ~Wner to bear the .
. total cost of paving the entire alley to the nearest right-of -way is an unfair
policy. The property owners on each side of this property have recently re-
developed their parcels into identical uses, however, they were noLrequired
to pave the alley. Furthermore, any future property owners that propose a
similar redevelopment will have the benefit of a new paved alley and will
not have to contribute to the cost
Wearenot opposed to having the alley paved, but we feel this owner should
only be required to pay for its portion of the alley:.halfthe width of the alley
adjacent to its property, or 480 S.F. In order to comply withACHD policy
of having the alley paved, we propose that th.e owner of this property be'
. made to pave the alley from its property to E. . 5th street, or approximately
2,700 S.F. The owner will pay for 480 S.F. of alley improvement (18%)
and the remaining cost of the alley improvement to be deducted from the
ACHD impact fees being assessed for this project.
Sincerely,
.~
Matthew Rhees
Architect
~ '"e. Ta'mura
== & Associates
-
= 499 Main Street
:: . Boise.ld. 83702
- (208) 343-2931
APPliCANT'S LETTER
Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff
or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action previously
requested to be reconsidered, an action whose provisions have been partly and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for reconsideration,
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request,
the Secretary shall cause the same to be placed on the agenda for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth new
facts and information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote, or information establishing an error of fact or
law in the eartier action. The request may also be supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact. position it
occupied the moment before it was voted on originally. It will normally be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action on the original matter at a meeting
where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
Request for Reconsideration
6
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Ada County Highwa Jkrrzs 15 $/~
Sherry R. Huber, President
Susan S. Easllake, 1 st Vice President
Dave Bivens, 2nd Vice President
David E. Wynkoop, Commissioner
John S. Franden, Commissioner
318 East 37th Street
Garden City ID 83714.6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
January 3D, 2003
TO:
Matthew Rhees
499 Main Street
Boise, ID 83702
RECEIVED
FEB - 3 2003
C!ty Of Meridian
CIty Clerk Office
FROM;
Craig Hood Cl~
Senior Development Analyst
Planning & Development
SUBJECT: MCUP02-048/MRZ02-009
Bentley Apartments
518 E. Broadway Avenue
On January 29, 2003 the Ada County Highway District Commission acted on your application for the above
referenced project. The attached staff report li8ts conditions of approval and street improvements, which are
required.
If you have any questions, please feel free to contact staffat (208) 387-6170.
Cc: Planning & Development/chronlproject file
City of Meridian
Construction Services
Drainage
Teresa Bentley, 2929 Wildwood Street, Boise, ID 83713
~~i...
. ~ Ada County Highway District
Right-of- Way & Development Department
Planning Review Division
This application requires Commission action because the applicant is requesting a waiver of the requirement
to pave an abutting alley. This item was heard on the regular agenda on January 29, 2003, at 12:00 pm
(noon). Tech Review for this item was held with the applicant on January 10, 2003 via phonelfax. Please
refer to Attachment 4 for appeal guidelines. Staff contact: Craig Hood, 387-6174, chood@achd.ada.id.us
File Numbers: MCUP02-048/MRZ02-009, Bentley Apartments
Site address: 518 E. Broadway Avenue, Meridian
Owner/Applicant: Teresa Bentley
2929 Wildwood Street
Boise, 10 83713
Representative: Matthew Rhees
C/O Tamura & Associates
499 Main Street
Boise, 10 83702
Application Information
The applicant is requesting conditional use and rezone approval from the City of Meridian to construct a 4-
plex on a 0.17 -acre site. The site is located on the north side of Broadway Avenue, between East 5th Street
and East 6th Street.
Acreage:
Current Zoning:
Proposed Zoning
Existing square footage:
Proposed square footage:
0.17-acres
R-B
O-T
Approximately 1 ,OOO-square feet, to be removed
3,834-square feet
I'l"dlb u<lu To dcks
DIDIJ
~rnfTl
Ir-TT- Tk
1
A. Findings of Fact
1. Trip Generation: This development is estimated to generate 16 additional vehicle trips per day (10
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: There will be an impact fee assessed for the proposed building on this site. The fee
will be based on the impact fee ordinance in effect at the time that a building permit is issued.
3. Traffic Impact Study: Due to the few trips that this site is expected to generate, a traffic impact
study was not required with this application.
4. Site Information: There is currently a 1 ,ODD-square foot single-family home on the site.
5. Description of Adjacent Surrounding Area:
a. North: Single-family residences
b. South: Vacant field
c. East: Multi-family structure
d. West: Multi-family structure
6.
Impacted Roadways:
Broadwav Avenue:
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Nearest intersection:
East 5th Street:
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Nearest intersection:
Pine Avenue:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
Unnamed AIIev:
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Nearest intersection:
2
60-feet
Local
No current count available
25 MPH
East 5th Street, a stop-controlled intersection
None
Local
No current count available
25 MPH
Broadway Avenue, a stop-controlled intersection
None
Major Collector
3,767 east of Meridian Road on 7/26/00
LOS C or better
25/35 MPH
East 5111 Street, a stop-controlled intersection
50-feet
Local
No current count available
Not posted
East 5111 Street, an un-controlled intersection
7. Roadway Improvements Adjacent To and Near the Site
Broadway Avenue is improved with 2 lanes (no center turn lane), no curb or gutter and a damaged 4-
foot wide detached sidewalk abutting the site. The alley on the north side of this site is currently
unimproved abutting the site from East 5th Street to East 6th Street.
8. Existing Right-of-Way
There is 100-feet of right-of-way for Broadway Avenue on the west side of 5th Avenue. There is
currently 40-feet of right-of-way for Broadway Avenue abutting the site. All 40-feet of deeded right-of-
way exists on the north side of the center of the existing pavement. When the parcel to the south of
this site redevelops, then the District should acquire additional right-of-way for Broadway Avenue.
There is currently 16-feet of right-of-way for the alley on the north side of the site.
9. Existing Access to the Site
Access to this site is currently provided from the alley. There are no access points onto Broadway
Avenue for this site.
10. Site History
ACHD has not reviewed this site in the recent past.
11. Five Year Work Program
Franklin Road, from Eagle Road to Main Street, is currently in the Five Year Work Program for
roadway improvements in 2004. Locust Grove Road, from Fairview Avenue to Franklin Road, is
currently in the Five Year Work Program for roadway improvements in 2006.
12. Miscellaneous
There are existing multi-family dwellings on either side of this site. The District did not receive
applications for those sites and thus did not review or require any roadway or alley improvements
abutting those sites.
B. Findings for Consideration
1. Roadway Right-of-Way
District policy 7204.4.1 and Figure 72-F1A require 50-feet of right-of-way on local streets. This right-
of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete
sidewalks. Staff recommends that the applicant not be required to dedicate any additional right-of-
way on Broadway Avenue because all of the right-of-way for Broadway Avenue currently exists on
the north side of the roadway. The District should acquire the remaining right-of-way and the
remaining portion of the street section when the property to the south redevelops.
2. Roadway Improvements
District policy 7203.4.1 reqUires the developer abutting a paved local street to widen the existing
pavement to one-half the required street width and construct improvements, curb, gutter and sidewalk
abutting the development, unless these improvements already exist. District policy 7203.6 requires
the applicant of a proposed development to make improvements to existing damaged sidewalk; curb
and gutter construction or replacement; replacement of unused driveways with standard curb, gutter
and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and
other similar items in order to correct deficiencies or replace deteriorated facilities. In addition, District
policy requires 5-foot wide (minimum) concrete sidewalk on all local streets, except those in rural
developments with net densities of one dwelling unit per acre or less (7204.4.7). There is currently a
3
4-foot wide sidewalk abutting the site that is damaged. The applicant is proposing to construct a new
4-foot wide sidewalk abutting the site.
Staff Request for Modification of Policy:
Due to the minimal amount of frontage on Broadway Avenue (60-feet), construction of curb and
gutter abutting this site may cause drainage and runoff problems for this site and adjacent properties.
The parcels directly to the east and west of this site were recently improved with multi-family
dwellings by the City of Meridian. Because these parcels were recently built-out, staff does not
anticipate that these parcels will redevelop at any time in the near future. Because it is anticipated
that the District will not be reviewing development applications for the parcels adjacent to this site, the
District will be unable to require the construction of improvements to correct the curb and gutter
deficiency on Broadway Avenue. In order to prevent possible drainage and storm water runoff
problems, staff recommends that the applicant not be required to construct curb, gutter or pavement
widening on Broadway Avenue abutting the site. In order to correct the sidewalk deficiency on
Broadway Avenue, the applicant should be required to construct a 5-foot wide concrete sidewalk
abutting the site, to match into the existing sidewalk on Broadway Avenue.
3. Alley Right-of-Way
District policy 7204.10 states that if a 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.
There is already 16-feet of right-of-way for the alley abutting the site. The applicant should not be
required to dedicate any additional right-of-way for the alley because sufficient right-of-way currently
exists.
4. Alley Improvements
. Paving
District Policy 7204.10.1 states if the proposed development is not a single-family detached
residence and it 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.
. Access
Access is allowed to and from a fully improved alley (District policy 7204.10.2).
. Parking
On site parking shall be designed so the minimum clear distance from the back of the parking
stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an
alley shall be located a minimum of 25-feet from the nearest public street.
The applicant is proposing to provide 6 parking stalls off of the alley on the north side of the site. The
applicant is showing 22-feet of back-up space from the back of the proposed parking stalls. The
design of the parking off of the alley meets the District's requirements.
Request for Waiver/Modification of Policy:
The applicant has requested a waiver of the requirement to pave the alley, totally at the applicant's
expense, because it is unfair to have the applicant bear the total cost of paving the alley (see
Applicant's Letter). The property owners on each side of this property have recently redeveloped their
parcels into identical uses, however, they were not required to pave the alley. Further, any future
property owners that propose to redevelop will have the benefit of a new paved alley and will not
have to contribute to the cost. The applicant is proposing to pave 480 square feet (18%) of the alley
at their cost and have the remaining portion (2,700 square feet, 82%) of the alley paving costs
deducted from the ACHD impact fees assessed on this site (see Applicant's Letter).
4
\
Staff Analysis and Recommendation:
District policy requires an applicant that is proposing to take access to an alley to pave the alley entire
width of the right-of-way abutting the site and to the nearest roadway. The primary reason for
requiring an alley to be paved is because gravel often gets tracked onto the roadway. creating
maintenance problems. The applicant is proposing to pave only half of the width of the alley (8-feet)
and only abutting the site (60-feet of frontage) for a total of 480-feet. District policy 7202.6 states that
alleys are not considered part of the traffic circulation system. Unless specifically approved by the
District, an alley should not serve as primary access to a lot or building. Allowing the subject applicant
to use the alley as primary access to the building should require bringing the alley up to the adopted
standards as outlined above. Further, alleys are not considered part of the traffic circulation system
and impact fees can only be used for the service capacity of the system generated by the new
development (District policy 7305.2 & Idaho Code, section 67-8204(2)). Impact fees cannot be used
to improve the alley. Because the applicant is proposing to provide primary access to this site from an
alley, the applicant should be required to pave the alley on the north side of the parcel to the nearest
street (East f1h Street Q! East (jh Street) and abutting the parcel, without any compensation from the
District.
NOTE: ACHD did not receive the development applications from the City of Meridian when the
properties on either side of this site redeveloped.
On January 29, 2003 the ACHD Commissioners voted to require the applicant to provide a
$1,200 payment to the ACHD Maintenance Department. ACHD will buy the hot.mix with the
$1,200, provide the labor and be responsible for paving the alley abutting the site. This
requirement is in lieu of the requirement for the applicant to pave the alley abutting the site
and to the nearest street.
C. Site Specific Conditions of Approval
1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parcel. The
sidewalk shall tie into the existing sidewalk on either side of the development.
2. Provide a payment of $1,200 to the ACHD Maintenance Department for the paving of the
alley abutting the site. ACH D will be responsible for the paving of the entire alley abutting the
site from East 5th Street to East 6th Street.
3. Provide a minimum of 22-feet of back-Up space (measured from the back of the parking stall
to the opposite side of the alley) for the proposed perpendicular parking off of the alley, as
proposed.
4. 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.
5
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. 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 details.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
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.
10. 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.
11. Any change by the applicant in the planned use of the property which ;s 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
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.
6
Attachments:
1. Vicinity Map
2. Site Plan
3. Applicant's Letter
4. Reconsideration Guidelines
7
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January 15,2003
Ada County Highway District
318 E 37th Street
Garden City, IdallO 83.714
RE: Conditional Use and Rezone Application
Bentley Apartments
518 E. Broadway Ave.
. Meridian, ID 83642
We have reviewed you preliminary report dated Jarmary 10, 2003, file no. MCUP02-
048IMRZ02-009.Underthe Findings for Consideration,. (Part B),\Ye have the
following comments:
Item 2 We do not have a problem removing the existing damaged 4 '-0" sidewalk
<\lldreplacing it with a 5'-0" concrete sidewalk.
Itein4 Alley Improvements: We feelthahequiring this property owner to bear the
. total cost of paving the entire alley to the nearest rigl:lt-of -way is an unfair.
policy. The property owners on each side of this property have recently re-
developed their parcels into identical uses, however, they were not.required .
to pave the alley. Furthermore, any future property owners that propose a
similairedevelopment will have the benefit ofanew paveda11eyand will
not have tq contribute to the cost.
, . \
Weare not opposed to having the alley paved, but we feel this owner should
only be required to pay for its portion of the alley:.ha1fthewidth ofthealley
adjacent to its property, or 480 S.F. In order tocomplywithACHD policy.
of having the alley paved, we propose that the owner of this property be
made to pave the alley fromitsproperty to E. 5th street, or approximately .
2,700 S.F. The owner will pay for 480 S.F. of alley improvement (18%)
and the remaining cost of the alley improvement to be deducted from the
ACHD impact fees being assesse<iforthisproject
Sincerely,
.~
Matthew Rhees
Architect
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& Associates
499 Main Street
Boise.ld. 83702
(208)343-2931
APPLICANT'S LETTER
.
,
Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff
or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action previously
requested to be reconsidered, an action whose provisions have been partly and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for reconsideration,
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is sUbject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request,
the Secretary shall cause the same to be placed on the agenda for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation selting forth new
facts and information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote, or information establishing an error of fact or
law in the earlier action. The request may also be supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action on the original matter at a meeting
where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
Request for Reconsideration
6
PUBLIC HEARING
SIGN-UP SHEET
RECEIVED
FEB - 6 2003
CITY OF MEh.iiJ.L;c.'i
PROJECT NUMBER
February 6, 2003
CUP 02-048
DATE
PROJECT NAME
Bentley Apartments
NAME FOR AGAINST
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