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Home My WebLink AboutACHD Comments.,A,r" f~~S~MM. Ada County Highway District 318 East 37th S'tree[ r .de.. nln. In 0.'~71d_Bd99 6USan S. EastlBKe, tst vice rresiaen[ Dave Bivens, 2nd Vice President David E. Wynkoop, Commissioner John S. Frenden, Commissioner April 17, 2003 To: Charlene Rokovitz 918 W. 3rd Street Meridian, Idaho 83642 Subject: Appeal of MCUP03-006/MRZ03-003 Child care facility 230 West Pine Avenue Phone (208)387-6100 FAX (208) 387-6391 RECEI~TED APR 1 8 2003 City of Meridian City Clerk Office On April 16, 2003, the Ada County Highway District Commission acted on an appeal for the above referenced project. Commission action of April 16, 2003 was to deny the appeal. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6171. Sincerely, Joyuce Newton Development Analyst Right-of-way & Development Services Planning Division CC: Planning & Development project file +C~itlr~of tufetldian Construction Services, Drainage, Utilities Brandon Schmeckpeper 8810 Churchill Boise, Idaho 83709 Merlyn Schmeckpeper 157 E. Ada Street Meridian, Idaho 83642 Sunshine Academy Inc Sharon O'Toole and Debbie & James Sheridan 230 West Pine Avenue Meridian, Idaho 83642 Ada County Highway District Rivht-of--Way & Development Department Planning Review Division This application requires Commission action because the staff is recommending a waiver of policy to not construct curb, gutter and sidewalk abutting the development site and is scheduled to be on the consent agenda on February 26, 2003 at 6:30 pm. Tech Review for this item was held with the applicant on February 14, 2003. Please refer to the Attachment for appeal guidelines, Joyce Newton, 208-387-6171, inewton(a~achd.ada.id.us (revised March 25, 2003) This application was scheduled on the Commission regular agenda on April 16, 2003 at 12:00 (Noon) for an appeal request of a neighbor. Commission action of April 16, 2003 was to deny the appeal. File Numbers: Site address: Owner: MCUP03-006/MRZ03-003/Child Care Facility (Sunshine Academy) REVISED 230 West Pine Avenue Merlyn Schmeckpeper 157 E. Ada Street Meridian, Idaho 83642 Brandon Schmeckpeper 8810 Churchill Boise, Idaho 83709 Applicant/ Representative: Sunshine Academy Inc Sharon O'Toole and Debbie & James Sheridian 230 W. Pine Avenue Meridian, Idaho 83642 Application Information The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone and conditional use approval for a daycare facility. The site is located on the northeast corner of Pine Avenue and 3rd Street. Acreage: Current Zoning: Proposed Zoning: Existing Use: Proposed Use: Number of Children: Existing square footage: Vicinity Map 0.35 R-4 (Low Density Residential) O-T (Old Town) Single-Family Residential Child Care Facility 30-Children 1,450 MCUP03-OOO/MR203-003 Findings of Fact 10 existing) based on A- enerate 126 additional vehicle trips per day 1. Trip Generation: This development is eo~tation Engineers Trip Generation Manual. the Institute of Transp . ' ' s do not pay imPa~ fees based on the impa~ fee ordinance in effect at this time• 2 impact Fees: Day Care facildie s er day therefore a traffic Traffic ImPa~ Study: enerate less than 1,000-trip P 3• ro osed development is estimated to 9~tion. This p P was not required with this app impa~ study sin le-family dwelling with a detached garage. 4 Site Information: There is an existing 9 acent Surrounding Area:. School 5. Description of Adj ResidentiallElementary a North: Residential b, South: ResidentiallCommercial c. East: Residential d. West: 6 Impacted Roadways Approximately 120-feet Pined Collector Frontage. Functional Street Classification: West of Meridian Road was 6,506 on 7!26!0 Traffic count: Better than "~" Level of Service: 30-mph Speed limit: W 3~ Approximately 126-feet Frontage• Local Functional Street Classification: No count available Traffic count: 25-mph Speed limit: Approximately 128-feet AID Frontage: Local Functional Street Classification: No count available Traffic count: the site. Roadway Improvements Adjacent To and tteaand s dewalk abutting 7• the site. 3rd Street currentl~ Pine Avenue has 2-travel lanes with curb, utter or sidewalk abutting rnent site. ss to the elementary school to the north of the develop 3dead end'awit tno alcce es with no curb, 9 2 - The alley is not paved and "dead ends" with no access to the elementary school to the north of the development site. 8. Existing Right-of-Way Pine Avenue has 70-feet of existing right-of-way (40-feet from centerline). 3`d Street has 60-feet of existing right-of-way (30-feet from centerline). The alley has 20-feet of right-of-way tapering to 15-feet at the Meridian School District's parcel to the north of the development site. 9. Existing Access to the Site The alley is located between the proposed development parcel and a residential parcel to the east. The proposed development parcel is taking access from the alley, so is the residential parcel to the north of the site. 10. Site History District staff has not reviewed this site as an application or prepared a report in the past year. 11. Five Year Work Program This location is not programmed into the District's current Capital Improvement Program and or Five Year Work Program for reconstruction or any roadway improvements. B. Findings for Consideration Right-of-Way District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1B). This right-of- way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. District policy 7204.4.1 and Figure 72-F1A requires 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. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all collector streets (7204.6.5). 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). Staff is recommend for a waiver of District policy 7204.4.1 and 7204.4.7 that requires the applicant to construct curb, gutter, 5-foot wide concrete sidewalk and match paving on West 3rd. Street abutting the parcel. 3 Staff Analysis and Recommendation: Staff is recommending a waiver for the construction of the curb, gutter and sidewalk abutting the site on West 3'd Street for several reasons: - West 3`d Street is a "dead end" street that is approximately one block in length with no chance of extension. Staff does not foresee the remainder of the neighborhood changing or redeveloping in the near future. - There is no current access to the Meridian Elementary School to the north of the proposed development site. The school has constructed a fence around the playground of the school and closes off any pedestrian or vehicular access from West 3rd Street. - There is an irrigation head gate located just north of the intersection for Pine Avenue and West 3`d Street (on the east side of W. 3`d Street) and an irrigation ditch that cannot be relocated that are in the way of the required improvements. - The curb, gutter and sidewalk that is located on Pine Avenue wraps around the corner of west 3`d Street, and the extension from this location would interfere with the above-mentioned head gate. - There is curb, gutter and sidewalk on Pine Avenue that continues from the development site north to the Meridian Elementary School located on 1" Street and State Street (2-blocks to the east of the proposed development site), providing pedestrian access from this site to the school. 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. 3. Alleys Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be designed so the minimum Gear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. District policy 7204.10.1 requires the dedication of additional right-of-way to obtain a minimum width from the centerline of the alley of 6-feet for residential uses and 10-feet for all other uses. 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. District Policy 7204.10.3 states a minimum of back-of-curb radius of 15-feet is required at all alley intersections. For the reconstruction of existing alleys, the back-of-curb radius may be less than 15- feet when it is impractical to remove existing obstructions. 4 C. Special recommendation to the Ada County Highway District from the City of Meridian. Upon discussion with the City of Meridian; staff was concerned about the alley being the only ingress/egress for the site. The City of Meridian is requesting that the applicant obtain egress only onto 3`d Street. D. Site Specific Conditions of Approval Applicant is proposing to provide parking off the alley. The applicant is required to pave the entire width of the alley to the nearest street and abutting the parcel. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is not allowed. 2. Reconstruct the alley intersection with Pine Avenue. For the reconstruction of existing alleys, the back-of-curb radius may be less than 15-feet when it is impractical to remove existing obstructions. Work with District staff for the radius. 3. Construct a driveway on West 3"' Street located approximately 10-feet south of the north property line for egress only. This location meets District policy and shall be approved with this application. In accordance with District policy, the applicant should be required to pave the driveway its full width of 25-feet and at least 30-feet into the site beyond the edge of pavement of West 3i° Street. 4. The applicant shall be required to install a sign at the driveway indicating that this driveway is not an entrance but an "exit only" onto West 3`° Street. 5. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 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. 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. 5 7• Construction, use and properly 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 accords Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. nce with 9• It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) 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 ro e application, shall require the applicant to comply with alpl rule~egul tionsh o dinances,tplans, 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 prope 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. rty unless a F• Conclusions of Law ~ • The proposed site plan is a satisfied. PProved, if all of the Site Specific and Standard Conditions of Approval are 2• ACRD requirements are intended to assure that the proposed use/development will not la undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. P ce an Attachments 1 • Vicinity Map 2• Site Plan 3• Appeal Guidelines 6 Request for Reconsideration of Commission Action 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 b present. y all Commissioners certain time. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a b. The re c. d. e. quest 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 Secretarytshallhcause thensame to besplaced onsthe age da f regular Commission meeting. Pon receipt of the request, or that next scheduled The request for reconsideration must be su pported 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 earlier action. The request may also be supported by oral testimony at the meeting. 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 retumed 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. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff ma President of the Commission determines to be appropriater~ and the Commission may take any action the majority of the Commission deems advisable. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. ti 9 ft. Landscaped (Buff~r Area) "r"-'°~~ North boundary (120'. NOTES: Parking: - 3 Employee - 3 Customer Landscape; _ "A H~p~p ear •Pyrua ealleryane" - "B" -Little Leaf Linden "'Nfa cordate" - "E"'~hn8 AlIeyENDS SCALE: 1" = 20 ft. 0 in. Here ~ School PLAT # 3D "Child Care Center" u:~u~P.PLAT PLAN 230 W. Pine Ave. Meridian, Idaho