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: '
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meetings shall become property of the City of Meridian.
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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
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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. If a legal
lot of record is not obtained within the 18 month period, it is understood that a new
Conditional Use permit will be required.
cc: Brenda Sanford- DL Evans Bank
Z:@003JOBS03050-03t0010305P~Mentlian P&Z legal lot memo &2403.tloc~ Page 1
ARCHITECTS
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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
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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\
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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~~
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MAYOR
ROBERT D. CORRIE
CHIEF
KEN W. BOWERS
COUNCIL MEMBERS DEPUTY CHIEF -FIRE PREVENTION
WILLIAM L.M. NARY -•z
• JOSEPH SILVA
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TAbIMYDE WEERD ~,,
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MERIDIAN CITY/RURAL FIRE DEPARTMENT
June 10, 2003 D~~ y-~ TT „~~
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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
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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
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L,",'
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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.
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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.
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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.
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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
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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