HomeMy WebLinkAboutACHD Comments~ ~~~~
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July 9, 2008
TO: DBSI Meridian 184 LLC
1550 S. Tech Ln.
Meridian, ID 83642
REP: JoAnn Butler- Spink Butler, LLP
251 E. Front St. #200
Boise, I D 83702
SUBJECT: MCPA-08-005
Rezone from I-L to C-G
1250 W. Overland Rd.
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Carol A. McKee, President
Sherry R. Huber, lst Vice Presider~t
Dave Bivens, 2nd Vice President
]ohn S. Franden, Commissioner
Rebecca W. Amold, Commissloner
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On May 2, 2001, the Ada County Highway District Commissioners acted on MCUP01-009 for Treasure
Valley Technical Center. On July 31, 2007, the Ada County Highway District acted on MPP-07-013 for
Kennedy Commercial Center Subdivision. The conditions and requirements for the two applications
listed above also apply to MCPA-08-005. There are no additional requirements at this time due to the
fact that all street improvements exist. MCUP01-009 references the two existing access points on
Overland Road for the Westem Electronics Building. Other than the existing driveway, Tech Lane, and
the approved driveway in Kennedy Commercial Center no additional access will be allowed to Overland
Road. Attached for reference is the recent staff report for Kennedy Commercial Center Subdivision.
• Prior to final approval you will need to submit construction plans to the ACHD
Development Review Department to lnsure compliance with the conditions identified above
or for traific impact fee assessment. This is a separate review process that requires direct
plans submittal to the Development Review staff at the Highway Distric~
• A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning ~ Development Services at 387-6170 for
information regarding impact fees.
If you have any questions or concems please feel free to contact this office at (208) 387-6177.
Sincerely,
C~~ i~- /~~G~l~!"~ "
Chelsee Kucera
Right-of-Way and Development Services
CC: Project File, City of Meridian
Ada County Highway District • 3775 Adams Street • Garden C'ity, ID • 83714 • PH 2O8-387-6100 • FX 345-7650 • www.achd.ada.id.us
Request for Appeal of Staff Decision
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.
Development Process Checklist
~Submit a development application to a City or to the County
~The City or the County will transmit the development application to ACHD
~The ACHD Planning Review Divislon will receive the development application to review
~The Planntng Review Dlvision will do one of the following:
^Send a"No Review" letter to the applicant stating that there are no site specific requirements at this time.
~Send a"Comply Wlth" letter to the applicant stating that if the development is within a platted subdivision or part of
a previous development application and that the site specific requirements from the previous development also apply to
this development application.
^Write a Staff Level report analyaing the impacts of the development on the transportation system and evaluating the
proposal for its conformance to District Policy.
~Write a Commission Level report analyzing the impacts of the development on the Vansportation system and
evaluating the proposal for its conformance to District Policy.
~The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level repor~.
^For ALL development applications, including those receiving a"No Review" or "Comply Wlth" letter.
• The applicant should submit a set of engineered plans directly to ACHD for review by the Development Review
Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD,
then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for AIVY work in the right-of-way, including,
but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
^ Driveway or Properly Approach(s)
• Submit a"Driveway Approach RequesY' form to Ada County Highway District (ACHD) Construction (for approval by
Development Services 8~ Traffic Services). There is a one week tumaround for this approval.
^ Working in the ACHD Rlght-of-Way
• Four business days prior to starting work have a bonded contractor submit a"Temporary Highway Use Permit Application" to
ACHD Construction - Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative 8~ Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sedlment 8 Erosion Submlttal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage
Division.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled.
^ Final Approval from Development Service:~
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con.
~ ~~ ~ ~ Rdght-of-Way & Developrrtent Services Departtnent
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ProJect/File: Kennedy Commercial Center /MPP-07-013
This is a preliminary plat application for the development of 11 commercial lots
and 2 common lots.
Lead Agency: City of Meridian
Site address: 1250 W. Overland Rd.
Staff Level
Approval: July 31, 2007
Applicant: DBSI Meridian 184, LLC
12426 W. Explorer Dr., Ste 100
Boise, ID 83713
Staff Contact: Chelsee Kucera
Phone: 387-6177
Email: ckuceraCa)achd.ada.id.us
Application Information:
Acreage: 26.35
Current Zoning: I-L
Building Lots: 11
Common Lots: 2
A. Findinqs of Fact
Existing Conditions
1. Site Information:
The site is currently vacant.
Kennedy Commercial Center-MPP07-013
Description of Adiacent Surroundina Area:
Direction Land Use Zonin
North Sin le famil dwellin R-4
South Sin le famil dwellin R-1
East O~ce I-L
West Vacant I-L
2. Existing Roadway Improvements and Right-of-Way Abutting or Near the Site:
Overland Road is currently under construction as scheduled in the ACHD
Design & Constnaction Review for 2007 from Meridian Road to Linder Road.
Overland will be constructed as 5 lane principal arterial with vertical curb,
gutter, and sidewalk on both sides of the roadway. The sidewalk abutting the
site will be 5-foot detached. Stoddard is scheduled to be signalized with
these improvements. There is currently approximately 48-feet of right-of-way
abutting the site on Overland Road.
3. Existing Access: There is one private drive, Tech Lane, to this site from Overland Road, ACHD
has previously approved its location.
4. Site History: This site was previously reviewed under MCUP01-009.
Development Impacts
5. Trip Generation: This development is estimated to generate an additional 1,597 trips per day
based on the Institute of Transportation Engineers General Manual for
industrial park development.
6. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee will be based on the impa~t fee
ordinance that is in effect at that time.
7
Traffic Study: A traffic impact study was not required with this application.
Impacted Roadwavs:
8.
Roadway Frontage Functional
Classification TrafFic Count Level of
Service* Speed
Limit
Overland 752-feet Principal Arterial 14,483 west of Better than 35 MPH
Road Meridian Road on "C°
8/22/2006
8,773 east of Linder
Road on 8/22/2006
~'Acceptable level of service for a five-lane principal arterial roadway is "E" (37,000 AD~.
9.
Capital Improvements Plan/Five Year Work Program
Overland is cuITently under construction following the ACHD Five Year Work Program.
2
Kennedy Commercial Center-MPP07-013
B. Findinqs for Consideration
Overland Road
District Right-of-Way Policy:
District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-
way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached
sidewalks and bike lanes.
District Access Management Policy:
District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The
developer shall try to use combined access points. If the developer can show that the use of a
combined access point to a collector or arterial street is impractical, the District may consider direct
access points. Access points for proposed developments at intersections should be located as far
from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless
a waiver for the access point has been approved by the District Commission.
District policy 72-F4 (2) requires driveways located on arterial roadways near a stop controlled
intersection to be located a minimum of 220-feet from the intersection for a full-access driveway
and a minimum of 150-feet from the intersection for a right-in/right-out only driveway.
District Driveway Policy:
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-cut type
facilities if located on local streets. Curb retum type driveways with 15-foot radii will be required for
driveways accessing collector and arterial roadways.
District Sidewalk Policy:
District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector
roadways and arterial roadways (7204.7.2).
Applicant Proposal:
The applicant has proposed to utilize the existing private roadway intersecting Overland Road on
the east property line abutting Overland Road. The applicant has proposed an additional access
point on the west property line. All street improvements are currently under construction and will
include a five lane roadway with curb, gutter, and sidewalk.
Staff Comment/Recommendation:
ACHD staff approves the applicants proposed access points to Overland Road. As was previously
approved by the ACHD Commission, the driveway on the west property line should be made
available to the adjacent property owner to facility cross-access.
2. Internal Streets:
Private Roadway Policy:
District policy 7205.6, other jurisdictions in Ada County establish the requirements for private
streets. The District retains authority and will review the proposed intersection of a private and
public street for compliance with District intersection policies and standards.
Applicant Proposal:
The applicant has proposed to complete construction of the previously approved private roadway
Tech Lane.
Staff Comment/Recommendation:
3 Kennedy Commercial Center-MPP07-013
ACHD staff supports the proposed completion of this private roadway to give access to the
proposed lots of this subdivison and supports cross access easements with the neighboring parcel
to the east. The location of this private roadway has been previously approved.
ACHD does not make any assurances that the private road, which is a part of this 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 to ACHD:
• Dedicate a minimum of 50-feet of right-of-way for the road.
• Construct the roadway to the minimum ACHD requirements.
• Construct a stub street to the surrounding parcels.
3. District Tree Planters
District's Tree Planter Width Policy prohibits all trees in planters less than 6-feet in width. In
addition to prohibiting trees in planters less than 6-feet in width, the policy requires a minimum
planter width of 6-feet for class II trees with the installation of root barriers on both sides of the
planter strip or a minimum planter width of 8-feet without the installation of a root barrier. The policy
also requires Class I and Class II I trees to provide a minimum planter width of 10-feet.
4. Other Access
Overland Road is classified as a principal arterial roadway. Other than the access points specifically
approved with this application direct lot access to Overland Road is prohibited and should be noted
on the final plat.
C. Site Specific Conditions of Aaaroval
1. Complete the construction of the previously approved private roadway, Tech Lane, as proposed by
applicant to allow access to the proposed lots for this subdivision.
2. Construct/Utilize a full access curb return type driveway located on the westem property line.
3. Other than the access specifically approved with this application, direct lot access to Overland Road
is prohibited and shall be noted on the final plat..
4. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be bome
by the developer.
4 Kennedy Commercial Center-MPP07-013
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Constnaction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees is required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call 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.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
5 Kennedy Commercial Center-MPP07-013
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
4. Development Process Checklist
Kennedy Commercial Center-MPP07-013
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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
eITOr 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 tQ 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 6eing appealed, the
notice of appeal and the reply shall be delivered to the Commission at least one (1)
week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
8 Kennedy Commercial Center-MPP07-013
Development Process Checklist
~Submit a development application to a City or to the County
~The City or the County will transmit the development application to ACHD
~The ACHD Planning Review Dlvision will receive the development application to review
~The Planning Review Division will do one of the following:
^Send a"No Revlew" letter to the applicant stating that there are no site specific requlrements at this time.
^Send a"Comply With" letter to the applicant stating that if the development is within a platted subdivision or part
of a previous development application and that the site specific requirements from the previous development also
apply to this development application.
~Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating
the proposal for its conformance to District Policy.
^Write a Commisslon Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
~The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level repor~a.
^For ALL development applications, including those receiving a"No Review" or "Comply With" letter.
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review
Division for plan review and assessment of impact fees (Note: if there are no site improvements required by ACHD,
then architectural plans may be submitted for purposes of impa~t fee calculation).
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way,
including, but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
D/D YOU REMEMBERT
ConstrUCtion Zone
^ Driveway or Properly Approach(s)
• Submit a"Driveway Approach RequesY' form to Ada County Highway District (ACHD) Construction (for approval by
Development Sennces & Traffic Services). There is a one week tumaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a"Temporary Highway Use Permit Application°
to ACHD Construction - Permits along with:
a) Traffic Control Plan
b) An Erosion 8 Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 s.f. of concrete or asphalt.
Construction (Subdivisions)
^ Sediment 8 Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion 8~ Sediment Control Narrative 8 Plat, done by a Certfied Plan
Designer, must be tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Stormwater
Division.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
^ Final Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con.
9 Kennedy Commercial Center-MPP07-013