HomeMy WebLinkAboutACHD Commentss ~~`~~
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August 5, 2009
To: Brighton Corporation
Attn: Mike Wardle
12601 W. Explorer Dr., #200
Boise, Idaho 83713
Subject: MRZ-09-003
N. Ten Mile Rd. (South of Chinden Blvd)
Rezone of 5.02-acres from R-8 to L-O District
Carol A. McKee, President
Sherry R. Huber, 1st Vice President
Rebecca W. Arnold, 2nd Vice President
John S. Franden, Commissioner
Sara M. Baker, Commissioner
On August 5, 2009, the Ada County Highway District acted on your application for the above
referenced project. This application is for a rezone application only. Listed in the attached staff
report are some of the findings for consideration that the District may identify when it reviews a future
development application. The District may add additional findings for consideration when it reviews
a specific redevelopment application.
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
77r. ,~e~+~.e~
Kristy Scovill
Planner I
Right-of-Way & Development Services
Ada County Highway District
CC: Project file, Utilities
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Right-of-Way & Development Services Department
c~~~c~o s
Project/File: MRZ-09-003
This application is for the rezone of 5.02-acres from R-8 district to an L-OD district.
Lead Agency: City of Meridian
Site location: N. Ten Mile Rd.
(South of Chinden Blvd)
Staff
Approval: August 5, 2009
Applicant: Brighton Corporation
Mike Wardle
12601 W. Explorer Dr., #200
Boise, Idaho 83713
Staff Contact: Kristy Scovill
Phone: 387-6171
E-mail: kscovillCcD_achd.ada.id.us
Application Information:
Acreage:
Current Zoning:
Proposed Zoning:
Proposed Use:
5.02
R-8 (Medium-Density Residential District)
L-OD (Limited Office District)
Church
A. Findings of Fact
Existing Conditions
1. Site Information: The site is currently vacant.
2. Descriation of Adiacent Surrounding Area:
Direction Land Use Zonin
North Rural Urban Transition/Medium-Densit Residential District RUT/R-8
South Medium Low-Densit Residential District RUT, R-4
East Medium Low-Densit Residential District R-4, R1
West Medium-Densit Residential District R-8
3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site:
• Ten Miie Road is improved with 2 traffic lanes, 26-feet of pavement, and 5-foot
detached concrete sidewalk across from a portion of the site within 50 to 70-feet of
right-of-way (25-feet from centerline).
• Chinden Boulevard is improved with 2 traffic lanes, 36-feet of pavement, and curb,
gutter or sidewalk near the site within 65-feet of existing right-of-way (25-feet from
centerline).
4. Existing Access: The site has no access onto Ten Mile Road.
MRZ-09-003
5. Site History: The District previously reviewed a subdivision application for this site
(Bainbridge Subdivision) that was approved by the ACHD Commission on
March 2, 2005 fora 428-lot residential subdivision, and one church lot on
155.44-acres.
Development Impacts
6. Trip Generation: This development is estimated to generate approximately 141 additional vehicle
trips per day, based on the Institute of Transportation Engineers Trip Generation Manual.
7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
8. Existing Condition of Area Roadways:
Roadway Frontage Functional Traffic Count Level of Speed
Classification Service* Limit
Ten Mile Road 553' Minor Arterial 2,360 south of Chinden *Better 40 MPH
Blvd. on 12/9/2008 than "C"
State Hwy 20/26 0' Local 13,194 west of Ten Mile **N/A 55 MPH
(Chinden Blvd.) Road on 3/17/2009
*Acceptable level of service for atwo-lane minor arterial is "D" (14,000 VTD).
**ACHD does not set level of service thresholds for state highways.
9. Capital Improvements Plan (CIP) /Five Year Work Plan (FYWP):
• Ten Mile Road is fisted in the Capital Improvements Plan for corridor preservation to
accommodate widening to 5 lanes in between McMillan Road to State Hwy 20/26 (Chinden
Blvd).
• The intersection of Ten Mile Road and State Hwy 20/26 (Chinden Blvd.) is listed in the
Capital Improvements Plan to be widened and signalized between 2019 and 2027.
B. Findings for Consideration
This application is for a rezone application only. Listed below are some of the findings for consideration
that the District may identify when it reviews a future development application. The District may add
additional findings for consideration when if reviews a specific redevelopment application.
1. Ten Mile Road
Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure
72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot
concrete detached sidewalks and bike lanes.
Applicant's Proposal: The applicant is not proposing any improvements along Ten Mile Road
abutting the site.
Staff CommentlRecommendations: The District is currently acquiring right-of-way to
accommodate an eventual 5-lane arterial roadway. The applicant will be required to dedicate 48-
feet of right-of-way from the centerline of Ten Mile Road abutting the site, OR dedicate 38-feet of
right-of-way from the centerline of the Ten Mile Road and provide a 10-foot wide public use
easement. The applicant will be required to construct a 5-foot wide detached concrete sidewalk
located a minimum of 41-feet from the centerline of Ten Mile Road abutting the site.
2. Broadbent Drive
Right-of-Way Policy: 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.
2 MRZ-09-003
46-foot Street Section Policy: District policy 72-F1 B requires collector roadways to be constructed
as 46-foot street sections with vertical curb, gutter, and 5-foot detached (or 7-foot attached)
concrete sidewalks within 70-feet of right-of-way. This street section allows for the construction of a
3-lane roadway with bike lanes.
Half Street Section Policy: District policy 7203.4.2 states "if a proposed development abuts an
unpaved street or streets the developer shall construct one-half of the full street improvements,
including curb, gutter and concrete sidewalk plus additional pavement widening beyond the
centerline established for the street to provide a minimum 24-feet wide paved surface. A 3-foot wide
gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be
constructed on the unimproved side. This street section shall be constructed within a minimum 40-
foot right-of-way."
Applicant Proposal: The applicant is not proposing any improvements along Broadbent Drive
abutting the site.
Staff Comment/Recommendations: With the prior action by ACHD staff on this site, it was
determined that Broadbent Drive should be constructed as a 40-foot collector street section with
vertical curb, gutter and 5-foot wide concrete sidewalk (either 7-foot attached or 5-foot detached) on
Broadbent Drive.
Therefore, the applicant will be required to construct Broadbent Drive as one half of a 40-foot
collector street section with vertical curb, gutter and 5-foot wide concrete sidewalk (either 7-foot
attached or 5-foot detached) on Broadbent Drive abutting the site plus additional pavement
widening beyond the centerline established for the street to provide a minimum 24-feet wide paved
surface. A 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway
storm runoff shall be constructed on the unimproved side. This street section shall be constructed
within a minimum 40-foot right-of-way. Broadbent Drive should be aligned centerline to centerline
with W. Lost Rapids Drive (Silverleaf Subdivision). Additionally, consistent with the prior action on
Brainbridge Subdivision, Broadbent Drive should be constructed so that the right-of-way line is at
the property line and is not separated by a landscape buffer or a common lot in order to provide
access to the property to the north when it redevelops in the future.
3. Driveways
Access Management Policy: District policy 7207.8 states that direct access to arterials and
collectors is normally restricted. The developer shall try to use combined access points. If the
developer can show that the use of a combined access point to a collector or arterial street is
impractical, the District may consider direct access points. Access points for proposed
developments at intersections should be located as far from the intersection as practical, and in no
case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been
approved by the District Commission.
Un-signalized (Stop-Controlled) Policy: District policy 72-F4 (2) requires driveways located on
arterial roadways near a stop controlled intersection to be located a minimum of 220-feet from the
intersection for afull-access driveway and a minimum of 150-feet from the intersection for aright-
in/right-out only driveway.
Driveway Paving Policy: 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.
Successive Driveway Policy: District policy 72-F5, requires driveways located on collector or
arterial roadways with a speed limit of 40 to align or offset a minimum of 185-feet from any existing
or proposed driveway.
3 MRZ-09-003
Commercial Driveway Width Policy: District policy 7207.9.3 restricts commercial driveways with
daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial
driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type
driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways.
Applicant Proposal: The applicant is proposing to construct one driveway to intersect Ten Mile
Road, and one driveway to intersect Broadbent Drive. The first driveway is proposed to be located
near the south property line onto Ten Mile Road. Staff is unable to determine the proposed width or
exact location of this driveway with this application. The second driveway is proposed to be located
near the west property line onto Broadbent Drive. Staff is unable to determine the proposed width
or exact location of this driveway with this application.
Staff Comment/Recommendation: The applicant's proposed driveway locations will be reviewed
with the submittal of a future development application. The City should consider the need for cross
access among driveways on Ten Mile Road.
4. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm
drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle
at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop
signs. Landscape plans are required with the submittal of civil plans and must meet all District
requirements prior to signature of the final plat and/or approval of the civil plans.
C. Site Specific Conditions of Approval
This application is for a rezone only. Listed below are some of the site specific conditions of approval
that the District may require when it reviews a future development application. The District may add
additional site specific requirements when it reviews a specific redevelopment application.
1. Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the site, OR
dedicate 38-feet of right-of-way from the centerline of the Ten Mile Road and provide a 10-foot
wide public use easement.
2. Construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the
centerline of Ten Mile Road abutting the site.
3. Construct Broadbent Drive as one half of a 40-foot collector street section with vertical curb, gutter
and 5-foot wide concrete sidewalk (either 7-foot attached or 5-foot detached) on Broadbent Drive
abutting the site, plus additional pavement widening beyond the centerline established for the
street to provide a minimum 24-feet wide paved surface. Construct a 3-foot wide gravel shoulder
and a drainage Swale sized to accommodate the roadway storm runoff on the unimproved side.
4. Construct Broadbent Drive so that the right-of-way line is at the property line and is not separated
by a landscape buffer or a common lot in order to provide access to the property to the north
when it redevelops in the future
5. Align Broadbent Drive centerline to centerline with W. Lost Rapids Drive (Silverleaf Subdivision).
6. Driveway locations will be evaluated with a future development application.
7. Enter into a license agreement for any landscaping located with ACRD right-of-way abutting the
site.
8. Comply with all Standard Conditions of Approval.
4 MRZ-09-003
D. Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
5. Comply with the District's Tree Planter Width Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, 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.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior
to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
5 MRZ-09-003
Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordination
4. Development Process Checklist
5. Request for Reconsideration Guidelines OR Appeal Guidelines
MRZ-09-003
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7 MRZ-09-003
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway
and road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5) working days upon notification of required right of way
improvements by Highway entities, developers shall provide written notification to the affected
utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include
but not be limited to, project limits, scope of roadway improvements/project, anticipated
construction dates, and any portions critical to the right of way improvements and coordination
of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the
utility owners. Conference notification shall also be sent to the UCC. During the review meeting
the developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for a-mail notification information.
8 MRZ-09-003
Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or
part of a previous development application and that the site specific requirements from the previous development
also apply to this development application.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit iwo (2) sets of engineered plans directly to ACRD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACRD, then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of--way,
including, but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Appooach(s)
• Submit a "Driveway Approach Request° form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified
Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACRD
Drainage Division.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
^ Final Approval from Development Services
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
9 MRZ-09-003
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant
of the final decision made by the ROWDS Manager when it is alleged that the ROWDS
Manager did not properly apply this section 7101.6, did not consider all of the relevant facts
presented, made an error of fact or law, abused discretion or acted arbitrarily and
capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with
the Secretary of Highway Systems, which must be filed within ten (10) working
days from the date of the decision that is the subject of the appeal. The notice of
appeal shall refer to the decision being appealed, identify the appellant by name,
address and telephone number and state the grounds for the appeal. The
grounds shall include a written summary of the provisions of the policy relevant
to the appeal and/or the facts and law relied upon and shall include a written
argument in support of the appeal. The Commission shall not consider a notice
of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the
date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may
also consider and/or modify the decision that is being appealed. A copy of the
reply and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant
of the ROWDS Manager's reply to the notice of appeal. A copy of the decision
being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm
or reverse, in whole or part, or otherwise modify, amend or supplement the
decision being appealed, as such action is adequately supported by the law and
evidence presented at the hearing.
10 MRZ-09-003
Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 3:00 p.m. on the day prior to the Commission's next scheduled regular
meeting following the meeting at which the action to be reconsidered was taken. Upon
receipt of the request, the Secretary shall cause the same to be placed on the agenda
for that next scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting
forth new facts and information not presented at the earlier meeting, or a changed
situation that has developed since the taking of the earlier vote, or information
establishing an error of fact or law in the earlier action. The request may also be
supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACRD staff for further review. The Commission may set the date of the meeting at
which the matter is to be returned. The Commission shall only take action on the
original matter at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may
take any action the majority of the Commission deems advisable.
If a motion to reconsider passes, the applicant may be charged a reasonable fee, to
cover administrative costs, as established by the Commission.
11 MRZ-09-003