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HomeMy WebLinkAboutD.L. Evans Bank CUP 03-023June 30, 2003 CUP 02-023 MERIDIAN PLANNING & ZONING MEETING JUIy 3, 2003 APPLICANT D. L. Evans Bank ITEM NO. 4 REQUEST Public Hearing -Request for a Conditional Use Permit for an ancillary drive-thru for a full-service bank facility and for a temporary bank facility in a C-G zone for D. L. Evans Bank - 2560 East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: 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: See attached Comments See attached Comments See attached Comments attached Revised Plats Date: ' .SSL~- ~~~/C~ meetings shall become property of the City of Meridian. ~ipSov~w~ev~cl/ R~rb~~r/~° ~/c~ ~CE~L RE~E~~ iii !_ - 3 2003 ~ ~ - 3 2003 CITY OF MERIDIAN l~- CITY OF 1VIEhL~~=.~ PUBLIC HEARING ~" CITY ur' ~•~ ~~i;>:1~`'~~ SIGN-UP SHEET DATE July 3, 2003 ITEM # 4 PROJECT NUMBER CUP 03-023 PROJECT NAME D.L. Evans Bank NAME (PLEASE PRINT) FOR AGAINST NEUTRAL e ~. MAYOR Rohert D. Coxxie CITY COUNCIL MEMBERS Keith Bud Tammy deWeexd Cherie McCandless William L. M. Nary 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 ~ FAX (208) 887-4813 City Clerk Offim Fas (208) 858-4218 PAZ m }~. J'u ly 3, 2~3 (208) 884-5533 ~ FAX SSS-68 MEMORANDUM: Transmittal Date: June 26, 2003 Hearing Date: July 3, 20~03~j To: Mayor, City Council and Planning & Zoning Con-mission 'U'L~CEI Y 1:JD From: Bruce Freckleton, Assistant to City Engineer JUL 0 12003 Steve Siddoway, City Planner II G~~--- City Of Meridian Re: D. L. Evans Bank City Clerk Office Request for a Conditional Use Permit for a new Bank with aDrive-Through and a Temporary Banking Facility in a C-G Zone, by D.L. Evans Bank (File No. CUP-03- 023). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly mod~ed or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, D.L. Evans Bank, has requested approval of a conditional use permit (CUP) for a new 4,320 square foot full service bank building with three (3)drive-through teller lanes and adrive -up ATM. The applicant is also requesting approval for a temporary bank structure and drive-through west of the proposed permanent bank structure. It is the applicant's intern to operate the bank from the temporary facility while the permanent structure and other site improvements are being constructed. The applicant amicipates that the temporary facility will be used for twelve months and then removed from the site upon the opening of the permanent facility. The subject property was recently rezoned on 5/20/03 to C-G as part of the Mallane Commercial Complex, file number RZ-03-001. The property was platted at the same time as Mallane Subdivision, file number FP-03-001. The final plat for the property was approved by City Council, but has not yet been recorded by the applicant. The D.L. Evans is proposed to be on Lot 3, Block 1 of Mallane Subdivision. LOCATION & SURROUNDING USES The subject property is located near the intersection of Fairview Avenue and II'ickory Way, just east of the Louie's Restaurant site. The Following uses surround the subject property: North -Vacant land in Malhme Commercial Complex, zoned C-G and L-O; and Dove Meadows Subdivision, zoned L-O and R-8. CUP-03.023 D.L. Evare BmkCUP HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Planning & Zoning Commission/Mayor & City Council July 3, 2003 (Hearing Date) Page 2 South -Vacant land and Food Services of America, in Treasure Valley Business Center, zoned I-L. East - Louies Restaurant and vacant land in Mallane Commercial Complex, zoned C-G. West -Vacant lot and Capital Christian Center, zoned L-O. OWNER OF RECORD The owner of record is M&L Limited Partnership, and they have given their consent for the applicam to submit the requested conditional use permit. 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 lazge enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Several site modifications will need to be made to the landscaping and pazking plans in order to be in compliance with the MCC, as detailed under site specific conditions. 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; The Comprehensive Plan Land Use Map designates the property as "Commercial" and it is currently zoned C-G. Staff finds that the requested use is in compliance with the approved Future Land Use Map and that if approved as a CUP the project will be in compliance with the MCC. C. That the design, constriction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed development will not adversely change the existing or intended character of the general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; CUP-03-023 D.L Evans Baok.CUP Planning & Zoning Commission/Mayor & City Council July 3, 2003 (Hearing Date) Page 3 Staff does not anticipate that the proposed use will adversely affect adjacent properties. The Commission and Council should rely upon public testimony to determine if the development will adversely affect the other property in the vicinity. 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 can be adequately served by the essential public facilities and services listed above. 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 bank use will not be detrimental to the economic welfare of the community, nor would it 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, 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; Stafffinds that the proposed use will not create significant interference with any traffic on the surrounding public streets. Please refer to ACRD comments for additional detail on this issue. L 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 finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CUP-03-023 D.L Evare BankCUP Planning & Zoning Commission/Mayor & City Council 7uly 3, 2003 (Hearing Date) Page 4 SPECIAL CONSIDERATIONS 1. Plat: The proposed project is on a lot that has been approved, but not yet recorded. Staff recommends that the plat be recorded, providing a legal lot to the applicant, prior to issuance of a Certificate of Zoning Compliance (CZC). Further, staffrecommends that the applicant submit a letter into the record stating that they are aware that the lot is not yet recorded and are willing to take any risk associated with applying for a CUP before the plat is recorded. The 18-month expiration time for the CUP will begin upon approval of the CUP, whether or not the plat is recorded. See Site Specific Condition #1 and #2. 2. Parking Lot: The parking lot dimensions need to be modified to conform to MCC standards. City ordinance requires drive aisles to be at least 25 feet wide and parking stall depth to be at least 19 feet. The proposed layout shows the drive aisle on the south just less than 25 feet wide and stall depth ranges from 17 feet on the south to 18 feet on the west of the building. See Site Specific Condition #3. 3. Landscaping: The submitted landscape plan is in substantial compliance with the approved final plat landscape plan in the street buffer area. Current ordinances prohibit planting evergreen trees in the street. Therefore staff recommends changing the proposed Serbian Spruce trees to an approved deciduous species. The submitted landscape plan does not include the permanent landscape areas and drive aisle planters covered by the proposed temporary use. Staffreconunends that the applicant submit separate landscape plans for the temporary and permanent site plans to show how the landscaping will be phased. Note; One additional tree will be required in the landscape buffer on the west side, between the bank and Louie's Restaurant. See Site Specific Condition #6. 4. Site Plans: The temporary site plan, permanent site plan, and landscape plan do not match one another. For example, the distance from the drive-through canopy to the east property line is 47 feet on the site plans, but only 24 feet on the landscape plans. The two site plans depict the cars stacking slightly differently from on another on the east side of the bank. Staff recommends modifying all three plans to match one another and conform to the requirements of this report. See Site Specific Condition #7. 5. Temporary Use: The applicant anticipates "approximately 12 months for total completion and opening of the permanent facility." Staff recommends that the Commission and Council add up to six months to the applicant's stated timefi-ame for flexibility, but require that the temporary facility be removed from the site no later than 18 months after approval of the CUP. Further, stafffeels there should be a time limit placed on the time allowed between removal of the temporary structure and completion of the permanent parking and landscape CUP-03-023 D.L. Evans BankCUP Planning & Zoning Commission/Mayor & City Council July 3, 2003 (Hearing Date) Page 5 improvements. The applicant has told staff that they intend to have the final improvements complete within one month of removing the temporary structures. Staff recommends requiring the final improvements to be complete within 3 months of obtaining occupancy of the permanent building. See Site Specific Condition #8. CONDTI'IONS OF APPROVAL 1. The final plat for Mallane Subdivision must be recorded prior to issuance of a Certificate of Zoning Compliance (CZC) for the D.L. Evans Bank project. 2. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. The applicant shall submit a letter into the record at least 10 days prior to the neat public hearing, stating that they are aware that the lot is not yet recorded and are willing to take any risk associated with applying for a CUP before the plat is recorded. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Minimum width of all one-way drive-through lanes is 10 feet. 4. All parking and drive aisles shall be paved for all temporary and permanent uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 5. The project shall maintaincross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. 6. Applicant shall submit separate landscape plans for both the temporary and permanent site plans, for review and approval at least 10 days prior to the next public hearing on this project. Applicant shall submit revised temporary and permanent site plans, for review and approval at least 10 days prior to the next public hearing on this project. The layout shown on the site and landscape plans shall match one another. 8. The temporary bank facility shall be removed from the site within 18 months of approval of this Conditional Use Permit. All remaining site improvements shall be installed within 3 months of receiving occupancy ofthe permanent building. Only temporary occupancywillbe allowed until all required improvements are complete and inspected. A letter ofcredit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. CUP-03.023 D.L. Evans BankCUP Plamring & Zoning Commission/Mayor & City Council July 3, 2003 (Hearing Date) Page 6 9. Sanitary sewer and water service shall be from main lines currently being installed on the property. 10. All exterior lighting, whether attached to the building or located within the pazking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties orright-of--way. All parking lot lighting shatl be in accordance with Ordinance 11- 13-4C. I1. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13'-6" maximum overall height. 12. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire wdes. 13. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. 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 a 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 regazding Shallow Injection Wells. 14. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Upon resolution of the remaining issues raised in this report, staff recommends approval of this application with the aforementioned conditions of approval. CUP-03-023 D.L Evans Bank.CUP 1 ~ , \~ ARCHITECTS 1010 S. Allante Place, Suite 100 Boise, ID 83709 (208)336-8370 FAX 336-8380 To: City of Meridian WE ARE SENDING YOU Attached-Via: Shop drawings Prints Copy of letter Change order ,RECI~~OF TRANSMITTAL lU~J ~1,6~~1003 CITY OF M~RIDlAN C11'V f;t ~qrt nor r~r- Date: June 26, 2003 ~ Job No. 03050 Attention: Steve Siddoway Re: DL Evans Bank- Fairview CUP-03-023 Pickup Delivery Mail Fed. Exp. _ The following: Plans Samples Specifications Co ies Date No. Descri tion 15 ea Revised sheets CU-1 and CU-2 1 ea 8 Yz" x 11" reduction of sheets CU-1 and CU-2 15 ea New sheets CU-L1 and CU-L2 1 ea 8'/z" x 11" reduction of sheets CU-L1 and CU-L2 These are transmitted as highlighted below: For approval For your use As requested For review and comment Attached are the revised plans in response to the issues raised in your staff report, as we discussed. The only issue not corrected is the parking space dimensions, which we are requesting to be part of the Conditional Use permit approval. Please feel free to contact me if you have any questions. COPY TO: RECEIVED BY: DA SIGNED: Andrew Davis Original File oocumem3 1010 S. ALLANTE PL. SUITE 100 BOISE, H3AH0 53709 TELEPHONE 208 336 8370 FAX 208 336 8380 Memo Date: 6/25/2003 To: City of Meridian P&Z Atha Steve Siddoway From:Andrew Davis Re: DL Evans Bank- Fairview BRS Job #03050 CUP-03-023 DECEIVED JUN 2.x`2003 CITY OF MERID1flN CITY CLERK OFEI~E The applicant, D.L. Evans Bank, is aware that the parcel of land currently under review for Conditional Use is not yet a legal lot of record. They also understand that a Certificate of Zoning Compliance will not be issued until there is a legal lot of record and that the period in which the Conditional Use permit will be valid will start from the date of the issuance of the findings for the Conditional Use and will expire in 18 months from that date. 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E ;e9F JF2] ! .. U' ~ .+ n =Y S1J311HJ21tl orrvai'rviar_., sao~oiwrtevnive OH99t[~ ,~ ~ S a a n a '®' ~ ~ ~T`I ~ x~dS sN~n~ 7 Q a ~ ~~~odd ~ ~ P 4 d \-~_ .tip 5 ~ j~ I o a ~~I 1 ~ ~~ ! Q W ~~ C ~~ p~ ~ ~ 2 ~~ ~E ~~~~~~~~~sy ~¢ Cx C~ g 86 ~~~& a. ~" o ~~ 6~~. ~~~ ... ~~F H W A .~ a `Y ~W H W Q r] Pr Y ~~ h Q N-25-2003 02:41P FRDM:Sanitary MAYOR Robcn U Cor CITY (:UUNCIt• M ERS Tauuny de W~1 willianl L M. Nar C'helic Mcr'nndlevy Ic0iU1 Bird 208-888-5052 r,.~~,p,"v y,t~S~ 0171 lit ~~~q' ~~ri~i~cn~`,~ ~~°., mnRU 1, ,~ J. i,"sil 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, Ploese submit your comments and recomrrlendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: June 26, Transmittal Data: May b, 2003 File No.: CUP 03.023 Request: Condirir,.,n~ i Imo,, e____,_ _ ror a temporary By: D. L. E~~~ B location of Property or Project: David 2aremba, P2 (NO yAR, VAC, FY) Jerry Centers, P2 (NO VqR, VAC. FPJ Leslie Mathes, P/2 (NO vaR, VAC, FPJ ~ Michael Rohm, P/Z (No vaR, vqc, Fp) Keith BONA, P/Z (No VAR, VAC, FF') Robert Corric, Mayor Bill Nary, C/C Tammy deWeerd, GC ~_Kcith Bird, C/C Cherte McCandless, C/C }Hater Department Sewer Department Sanitary $eNiCe (No VAR, VAC, fPJ Building Department Fire Department -`Police Department City AtforrY~'Y Ynl Ir Cn.,..l. City Engineer _~City Planner Palks Dopariment 2003 Hearing Date: an TO: Meridian Clerk P:7~14 I Ff/~~ DI:I'ARTM@NT (1US) A(~5 h>j1 • I AY 1L(i-1$li P~KAS iF RECRHATIU\ (mx>sax-;s7v. F:,~ Avx swi PIIRI IC wURK9 I?osl sra-s;no • Poe AA7 I ~~rr tll 111 UINU UBPn R7YILNT (1U.) fi.97 ?.711 • I'ae 3d'-11%7 f1U8) gA i ;~ j3 FB AAR.B 61i;d Inculary drive-thru for afull-8e,yice bank a C G zone for D- L. ~vana es..~_ Avenue ~Mendlan $CI1D01 DIStI'ICI (NO fP) --Meridian Post Office (Fpmpo„ry) Ada County Highway District Ada County Development Services Central District Health -Nampa Moridian brig, District _~Settlers Irrigation District _~ Idaho Power Co. (Fp~pp onry) _ U. S. West (FPiYP on1yJ ~InlermountainGas (Fp/PPOn/y) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No Fp) Ada County (gnnOxOtlon only) Ada County Land Records (Fplpponry) ~_Me(idlan Development Corporation --Historical Preservation Commission lOr4c• 5.~~- _._ gpprov~ gY SANITARY SERVICE COMPANY city clerk o~~ BY ~.~ ~6~ OMMEIYTS, ml~• ID i„rr,~.;,,~ ~,uCcaSJ,Qr~GA•rx7es7S 33 EAST' IDAHO AVF,NIIK . rvltiulllAN, 1DAF10 8364,2 • (2U8) RRR-4433 - City Clerk Office Rax (208) 888 <2l8 Houma Resourus Fax (20R) 884-872.1 • Piunnce & Ulihly Billing Fox (208) g8i-4811 JUN 25 '03 14:53 208-888-5052 PAGE.07 i Li 3 >r >t• IZ ~: 2' ~1 ~~ MAYOR ROBERT D. CORRIE CHIEF KEN W. BOWERS COUNCIL MEMBERS DEPUTY CHIEF -FIRE PREVENTION WILLIAM L.M. NARY -•z • JOSEPH SILVA KEITH BIRD ??Wa TAbIMYDE WEERD ~,, crrv <'~c "y~`_ ~ DEPUTY CHIEF -TRAINING CHERIE MCCANOLESS °`< J ~/ ~ $ ' ~ BILL JOHNSON RURAL FIRE COMMISSIONERS RICHARll GAEENE / //J J ~•'' ~~~"' ~~~ ~^ ~ ~ t< f ~~ Ix'n~= klin Road , ~ Mer 83642 TERRY LEIGHTON \ ,", ~' ~` ~'r ~ 8 R (2 ) -1234 STEVE ELLIOT7 ~~„„ ,. ie+i `s x'"'L.f"": .._ ` Rc 08j )50390 MERIDIAN CITY/RURAL FIRE DEPARTMENT June 10, 2003 D~~ y-~ TT „~~ ll~ JUN~11O1g00v3 City Of Meridian TO: Meridian Planning & Zoning Commission City Clerk Office FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: D.L. Evans Bank CUP 03-023 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All internal roads shall have a fuming radius of 28' inside and 48' outside. 3. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 R. Huber, r .,ie., nn, in aa~~a~aa9 Susan s. tesnaKe, lS[ vice rres~oern Dave Bivens, 2nd Vice President David E. Wvnkoop, Commissioner Phone (208) 387-6100 FAX (208) 387-6391 May 21, 2003 To: D.L. Evans Bank RECEIVED P.O. Box 1188 MAY ~ ~ '2Q03 Burley, Idaho 83318 Subject: MCUP03-023 City of Meridian Bank City Clerk Office 2560 East Fairview Avenue On May 20, 2003, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-spec'rfic 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, CPA `'~~~,-,:;~t6vV Jo(9~ce' Newton Development Analyst Right-of-way & Development Services Planning Division CC: Planning & Development project file City of Meridian Construction Services Drainage Utilities M & L Limited Partnership 2500 E. Fairview Avenue Meridian, Idaho 83642 BRS Architects Billy Ray Strite 1010 S. Allante Place, Suite 100 Boise, Idaho 83709 Ada County Highway District ~~~ ~'~~Ada County Highway District Xtght-oJ-Way cYc Development Department Planning Review Division This application does not require Commission action and is approved at the staff level as of Tuesday, May 20, 2003. Tech Review for this item was held with the applicant on Friday, May 16, 2003. Please refer to the Attachment for request for reconsideration guidelines. Staff contact: Joyce Newton, 208-387-6171 phone, 208-387-639 fax, jnewton@achd.ada.id.us File, Numbers: MCUP03-023/Full Service Bank (D.L. Evans) Site address: 2560 East Fairview Avenue (Part of Lot 1 of the proposed Mallane Commercial Complex) Owner: M & L Limited Partnership 2500 Fairview Avenue Meridian, Idaho 83642 Applicant: D. L. Evans Bank P.O. Box 1188 Burley, Idaho 83318 Representative: BRS Architects Billy Ray Strite 1010 S. Allante Place, Suite 100 Boise, Idaho 38709 Application Information: The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to construct a full service bank. It is the applicant's intent to operate a temporary facility until the permanent structure is completed. The site is located on the north side of Fairview Avenue just west of Hickory Way. Acreage: Current Zoning: Existing Use: Proposed Use: Proposed Square Feet: Vicinity Map 1.18 C-G (General Retail and Service Commercial District) Vacant Bank 4,320-square feet, permanent structure 1680-square feet, temporary structure MCUP03-023/Bank 2560 East Fairview Avenue A. Findings of Fact Trip Generation: This development is estimated to generate 284 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: This proposed development is estimated to generate less than 1,000-trips per day therefore a traffic impact study was not required with this application. 4. Site Information: The site is currently undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Dove Meadows Subdivision b. South: Treasure Valley Business Park c. East: Vacant Parcel/Church d. West: Louie's Restaurant/Norco Subdivision 6. Impacted Roadways Fairview Avenue: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Hickory Wav: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Intersection: Approximately 244-feet Principal Arterial West of Eagle Road was 32,092 on 2/20/02 .,C„ 35 MPH No frontage Collector North of Fairview Avenue was 2,586 on 10/21/00 Better than°C" 30 MPH 7. Roadway Improvements Adjacent To and Near the Site Fairview Avenue is a principal arterial roadway with 4-travel lanes, a center turn lane, with no curb, gutter or sidewalk abutting the site. However there is curb, gutter and some sidewalk located within the general area of the proposed development site. Hickory Way is a collector roadway with 2-travel lanes, curb and gutter with a detached sidewalk abutting about half of the frontage on Hickory Way (approximately 100-feet). 8. Existing Right-of-Way Fairview Avenue has 110-feet of existing right-of-way (50-feet from centerline on the north side) abutting the site. Hickory Way has 70-feet of existing right-of-way (35-feet from centerline) abutting the site. 9. Existing Access to the Site There are two shared access points for this site: - Driveway # 1 is a shared curb return driveway located on Fairview Avenue approximately 500-feet west of Hickory Way. - Driveway # 2 is a shared curb return driveway located on Hickory Way approximately 320-feet north of the edge of pavement of Fairview Avenue and in alignment with an existing driveway across the street. 10. Site History District staff has not reviewed this site as an application or prepared a report in the past year. On August 5, 1996 staff reviewed a conditional use application (MCU-21-96) for two restaurants for this location. In 1996 the ACHD Commission reviewed and approved Angel Park Subdivision. On August 29, 2000, the ACHD Commission reviewed and approved the preliminary plat for Mallane Commercial Complex a 5-lot commercial subdivision on 6.95-acres with the following site-specific requirements. (District staff has not reviewed the plans for the subdivision at the time to this report.) Site Specific Requirement # 1: Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits). Site Specific Reouirement # 3: The existing driveway on Fairview Avenue, located approximately 500- feet west of Hickory Way is approved with Phis application. Site Specific Requirement # 4: Construct driveways on Hickory Way to align with existing driveways on the east side of Hickory Way. Pave the driveways their full width of 24 to 30-feet and at least 30- feet info the site beyond the edge of pavement of Hickory Way with 15-foot curb radii. Site Specific Reouirement # 5: Provide a $3,200 deposit fo the Public Rights-of--Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. Site Specific Reouirement # 6: Provide a recorded cross access easement for all of the lots within fhe subdivision, and to the out-parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat for Angel Park Subdivision, and should be noted on the current plat. 3 Site Specific Reauirement # 7: Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. After the sidewalk has been constructed, the applicant may request reimbursement from the District, for an amount not to exceed the original Letter of Credit. The applicant had two weeks from the date of Commission action (November 29, 2000) to request reconsideration of this requirement. Site Specific Reauirement # 8: Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire site. Locate the sidewalk 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. Site Specific Reauirement # 9: Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat: Site Specific Requirement # 10: Other than the access points specifically approved with this application, direct lot or parcel access to Hickory Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat 11. Capital Improvements Plan/Five Year Work Program Fairview Avenue and Hickory Way intersection is programmed into the District's current Capital Improvements Plan and the Five Year Work Program for signalization and intersection improvements in 2007. Fairview Avenue and Hickory Way is not programmed into the District's current Capital Improvements Plan and/or Five Year Work Program for reconstruction or any roadwav improvements other than the intersection. B. Findings for Consideration Right-of-Way District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- way allows for the construction of a 7-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District staff's arc view program is indicating 110-feet of existing right-of--way (50-feet from centerline on the north side) of Fairview Avenue. The applicants preliminary plans submitted with the application indicated 50 to 54-feet of existing right-of-way from centerline. The applicant should verify the right- of-way. District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). 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. 4 Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant should do one of the following: a. Dedicate by donation an additional 10-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all collector roadways and arterial roadways (7204.6.5). The preliminary plan submifted with the application is proposing sidewalk abutting fhe temporary facility off. In accordance with District policy the applicant should be required to construct sidewalk abufting the entire development site. 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. Driveways Arterial/Collectors/Signalized District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet feet from the signalized intersection for afull-access driveway and a minimum of 220-feet from the signalized intersection for aright-in/right-out only driveway. The applicant is proposing to utilize the existing shared access points on Fairview Avenue and Hickory Way. The applicant is proposing to construct aright-in only access on Fairview Avenue located approximately 220-feet west of Hickory Way (measured near edge to near edge). The proposed right- in driveway will offset approximately 230-feet east of the existing shared driveway of Fairview Avenue. This right-in driveway meets District policy for offset from a proposed signalized intersection and offset from the existing driveway and should be approved wdh this application. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type 5 facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4. Successive Driveways District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. 5. Public Rights-of-way Trust Fund District policy 7203.8, if the District determines that it is necessary or desirable to defer making some or all of the improvements, the Developer shall contribute the estimated value of the improvements to the Public Rights-of-way Trust Fund. C. Site Specific Conditions of Approval: Should ACHD not approve Mallane Commercial Complex prior to the issuance of a building permit for MCUP03-023 the applicant of MCUP03-023 shall be required to comply with fhe following Site Specific Conditions of Approval listed below. Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant cannot receive reimbursement for dedicated right-of--way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation an additional 10-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct!a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Utilize the existing shared curb return driveway located on Fairview Avenue approximately 500-feet west of Hickory Way as proposed. 3. Utilize the existing shared curb return driveway located on Hickory Way approximately 320-feet north of the edge of pavement of Fairview Avenue and in alignment with an existing driveway across the street as proposed. 4. Construct the rioht-in restricted drivewav on Fairview Avenue located approximately 220-feet west of Hickory Way (measured near edge to near edge) as proposed. Sign the driveway accordingly. Curb return type driveways with f 5-foot radii will 6e required for driveways accessing collector and arterial roadways. However with the right-in restricted driveway the applicant shall coordinate the construction and curb radii with District staff. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. (Should ACRD not approve Mallane Commercial Complex) Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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. 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 #197, 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. The applicant at no cost to ACRD 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 7 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 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 The proposed site plan is approved, if all of the Site Specific and Standard Conditions. of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines Request for Reconsideration 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 wheri it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Appeal Guidelines h W n T a O O n T n C G C C Q C C a a N 0 0 rt Kl i i i i i v <r _. -• m <• ~ N ~ ~ a ~ m D N 1 D A m E m ~IIA tD W 0 N E A A m N A A tD N 0 S t9 A A E O V- ~~ f-O O ~~~ nY O y ~ a 5 00]9'33' W ]2lbp Z 0 6 L b A 291' m m F O E~ N ~W!+- T PN>W U'.-~®N0,-~~@V-V~+=~! D .P! n 'pp~ AA <A <A< L~NAyi~K Xgq mN< ~ -09 ENP ~ n n p _s0~3i~~~OHX y I--I 0 U Ty °x ~°5~. Am..~~8~~~~~ '€ ~+ ~ n v~. o°~o~~s#3~~ tr1 ~ Px== - ~~~~°zrv%,x,~Fm n°3R°°r'"-am?°o _n' y'y s .,eA~~'s$'~. Ada County Highway District Right-of--Way & Development Department Planning Review Division This application does not require Commission action and is approved at the staff level as of Tuesday, May 20, 2003. Tech Review for this item was held with the applicant on Friday, May 16, 2003. Please refer to the Attachment for request for reconsideration guidelines. Staff contact: Joyce Newton, 208-387-6171 phone, 208-387-639 fax, jnewton@achd.ada.id.us File Numbers: Site address: Owner: Applicant: MCUP03-023/Full Service Bank (D.L. Evans) 2560 East Fairview Avenue (Part of Lot 1 of the proposed Mallane Commercial Complex) M & L Limited Partnership 2500 Fairview Avenue Meridian, Idaho 83642 D. L. Evans Bank P.O. Box 1188 Burley, Idaho 83318 Representative: BRS Architects Billy Ray Strite 1010 S. Allante Place, Suite 100 Boise, Idaho 38709 RECEIVED MAY 19 2003 City Of Meridian City Clerk Office Application Information: The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to construct a full service bank. It is the applicant's intent to operate a temporary facility until the permanent structure is completed. The site is located on the north side of Fairview Avenue just west of Hickory Way. Acreage: Current Zoning: Existing Use: Proposed Use: Proposed Square Feet: Vicinity Map MCUP03.023I6ank 2500 Eask Falrvlew Avenue N w e s 1.18 C-G (General Retail and Service Commercial District) Vacant Bank 4,320-square feet, permanent structure 1680-square feet, temporary structure ~~C LJ~ L,",' _~.. ~'~ A. Findings of Fact Trip Generation: This development is estimated to generate 284 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect atthat time. 3. Traffic Impact Study: This proposed development is estimated to generate less than 1,000-trips per day therefore a traffic impact study was not required with this application. 4. Site Information: The site is currently undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Dove Meadows Subdivision b. South: Treasure Valley Business Park c. East: Vacant Parcel/Church d. West: Louie's Restaurant/Norco Subdivision 6. Impacted Roadways Fairview Avenue: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Hickory Wav: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Intersection: Approximately 244-feet Principal Arterial West of Eagle Road was 32,092 on 2/20/02 „C„ 35 MPH No frontage Collector North of Fairview Avenue was 2,586 on 10/21/00 Better than "C° 30 MPH Roadway Improvements Adjacent To and Near the Site Fairview Avenue is a principal arterial roadway with 4-travel lanes, a center turn lane, with no curb, gutter or sidewalk abutting the site. However there is curb, gutter and some sidewalk located within the general area of the proposed development site. Hickory Way is a collector roadway with 2-travel lanes, curb and gutter with a detached sidewalk abutting about half of the frontage on Hickory Way (approximately 100-feet). 2 8. Existing Right-of-Way Fairview Avenue has 110-feet of existing right-of-way {50-feet from centerline on the north side) abutting the site. Hickory Way has 70-feet of existing right-of-way (35-feet from centerline) abutting the site. 9. Existing Access to the Site There are two shared access points for this site: - Driveway # 1 is a shared curb return driveway located on Fairview Avenue approximately 500-feet west of Hickory Way. - Driveway # 2 is a shared curb return driveway located on Hickory Way approximately 320-feet north of the edge of pavement of Fairview Avenue and in alignment with an existing driveway across the street. 10. Site History District staff has not reviewed this site as an application or prepared a report in the past year. On August 5, 1996 staff reviewed a conditional use application (MCU-21-96) for two restaurants for this location. In 1996 the ACHD Commission reviewed and approved Angel Park Subdivision On August 29, 2000, the ACRD Commission reviewed and approved the preliminary plat for Mallane Commercial Complex a 5-lot commercial subdivision on 6.95-acres with the following site-specific requirements. (District staff has not reviewed the plans for the subdivision at the time to this report.) Site Specific Reouirement # 1: Dedicate 60-feet ofright-of--way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a frnal subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits). Site Specific Reouirement # 3: The existing driveway on Fairview Avenue, located approximately 500- feet west of Hickory Way is approved with this application. Site Specific Reouirement # 4: Construct driveways on Hickory Way to align with existing driveways on the east side of Hickory Way. Pave the driveways their full width of 24 to 30-feet and at least 30- feetinto the site beyond the edge of pavement of Hickory Way with 15-foot curb radii. Site Specific Requirement # 5: Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. Site Specific Recuirement # 6: Provide a recorded cross access easemerit for all of the lots within the subdivision, and to the out-parts! to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat for Angel Park Subdivision, and should be noted on the current plat. Site Specific Reauirement # 7: Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. After the sidewalk has been constructed, the applicant may request reimbursement from the District, for an amount not to exceed the original Letter of Credit The applicant had two weeks from the date of Commission action (November 29, 2000) to request reconsideration of this requirement. Site Specific Requirement # 8: Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire site. Locate the sidewalk 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. Site Specific Requirement # 9: Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Site Specific Requirement # 10: Other than the access points spec~cal/y approved with this application, direct lot or parcel access to Hickory Way is prohibited. Lof access restrictions, as required with this application, shall be stated on the final plat 11. Capital Improvements Plan/Five Year Work Program Fairview Avenue and Hickory Way intersection is programmed into the District's current Capital Improvements Plan and the Five Year Work Program for signalization and intersection improvements in 2007. Fairview Avenue and Hickory Way is not programmed into the District's current Capital Improvements Plan and/or Five Year Work Program for reconstruction or any roadway improvements other than the intersection. B. Findings for Consideration Right-of-Way District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- wayallows for the construction of a 7-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District staff's arc view program is indicating 110-feet of existing right-of--way (50-feet from centerline on the north side) of Fairview Avenue. The applicants preliminary plans submitted with the application indicated 50 to 54-feet of existing right-of--way from centerline. The applicant should verify the right- of-way. District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). 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. 4 Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant should do one of the following: a. Dedicate by donation an additional 10-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate. existing drainage and utilities. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all collector roadways and arterial roadways (7204.6.5). The preliminary plan submitted with the application is proposing sidewalk abutting the temporary facility off. In accordance with District policy the applicant should be required to construct sidewalk abutting the entire development site. 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. Driveways Arterial/Collectors/Signalized District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet feet from the signalized intersection for afull-access driveway and a minimum of 220-feet from the signalized intersection for aright-in/right-out only driveway. The applicant is proposing to utilize the existing shared access points on Fairview Avenue and Hickory Way. The applicant is proposing to construct aright-in only access on Fairview Avenue located approximately 220-feet west of Hickory Way (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 5 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4. Public Rights-of-way Trust Fund District policy 7203.8, if the District determines that it is necessary or desirable to defer making some or all of the improvements, the Developer shall contribute the estimated value of the improvements to the Public Rights-of-way Trust Fund. C. Site Specific Conditions of Approval: Should ACRD not approve Mallane Commercial Complex prior to the issuance of a building permit for MCUP03-023 the applicant of MCUP03-023 shall be required to comply with the following Site Specific Conditions of Approval listed below. Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant cannot receive reimbursement far dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation an additional 10-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Utilize the existing shared curb return driveway located on Fairview Avenue approximately 500-feet west of Hickory Way as proposed. 3. Utilize the existing shared curb return driveway located on Hickory Way approximately 320-feet north of the edge of pavement of Fairview Avenue and in alignment with an existing driveway across the street as proposed. 4. Construct the right-in only driveway on Fairview Avenue located approximately 220-feet west of Hickory Way (measured near edge to near edge) as proposed. Sign the driveway accordingly. Curb return type driveways with 15-foot nadir will be required for driveways accessing collector and arterial roadways. However with the right-in only restricted driveway the applicant shall coordinate the construction and curb radii with District staff. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. 6. 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. 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 the District's Utility Coordinator at 387-6258 (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 #197, 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. 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 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. 7 E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 8 Request for Reconsideration 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 ROWD5 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 factor 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 Commissioh 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 t he 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 dr supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Appeal Guidelines