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HomeMy WebLinkAboutACHD Comments~ ., ~~` ~~~~ ~ion.~swe~ccl~o 5y,HrcG August 19, 2009 To: Brent & Coleen Goodwin 1969 W. Divide Creek St. Meridian, Idaho 83646 Subject: MAZ-09-00~ 270 N. Linder Rd. Annexation and rezone of 1-acre from R1 )ohn S. Franden, Commissioner Sara M. Baker, Commissioner R~cErvE D AUG 10 Z009 CITYOFC~f' urr CITY CLERKS OFFICE district into the City of Meridian L-O District On August 19, 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, fir. x/e~z~ Kristy Scovill Planner I Right-of-Way & Development Services Ada County Highway District CC: Project file, Utilities Pinnacle Engineers, Inc. Shys, LLC City of Meridian --______ Carol A. McKee, President Sheny R. Huber, 1st Vice President Rebecca W. Amold, 2nd Vice President 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 1 J~ ~ Project/File: Lead Agency: Site location: MAZ-09-003 This application is for the annexation and rezone of 1-acre from R1 district into the City of Meridian as an L-OD district. City of Meridian 270 N. Linder Rd. Staff Approval: August 19, 2009 Applicant: Brent & Coleen Goodwin 1969 W. Divide Creek St. Meridian, Idaho 83646 Representative: Pinnacle Engineers, Inc. Jason Kuglin 12552 W. Executive Dr., Suite B Boise, Idaho 83713 Staff Contact: Kristy Scovill Phone: 387-6171 E-mail: kscovillC~3achd.ada.id.us Application Information: Acreage: Current Zoning: Proposed Zoning: Proposed Use: 1.00 R-1 (Estate Residential Zone) L-OD (Limited Office District) Medical Office A. Findinas of Fact Existing Conditions 1. Site Information: The site is has one single family residence on site. 2. Descri tion of Adjacent Surroundin Area: Direction Land Use North Estate Residential Zone Zoi South Estate Residential Zone R-1 East Creamline Park Subdivision Li ht Industrial District R-1 West Li ht Industrial District I-L I-L 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site: • Linder Road is improved with 2 traffic lanes, 24-feet of pavement, and no curb, gutter or sidewalk abutting the site within 85-feet of right-of-way (47-feet from centerline). There is a 5-foot wide detached concrete sidewalk across from the site along Linder Road. f MAZ-09-004 • Franklin Road is improved with 5 traffic lanes, 65-feet of pavement, and vertical curb, gutter and 5-foot attached sidewalk near the site within 80-feet of existing right-of- way. 4. Existing Access: The site has two access points onto Linder Road. 5. Site History: The District has not previously reviewed a development application for this site. Development Impacts 6. Trip Generation: This development is estimated to generate approximately 57 additional vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual for Medical Office Building. 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 Linder Road 120' Minor Arterial 11,358 north of Franklin "Better 35 MPH Road on 10/2/2007 Franklin Road 0' Principal 20 467 east of Linde than "C" ** , r Arterial Road on 10/2/2007 Better 45 MPH than "C" *Acceptable level of service for atwo-lane minor arterial roadway is "D" **Acceptable level of service for afive-la i (14,000 VTD). ne pr ncipal arterial roadway is "E" (37,000 VTD). 9. Capital Improvements Plan (CIP) /Five Year Work Plan (FYWP): • Franklin Road is scheduled in the Five Year Work Plan to be wi Mile Road to Linder Road in 2012. dened to 5 lanes from Ten • The intersection of Pine Avenue and Linder Road is scheduled in the Five Year Work Plan to be rebuilt and signalized in 2011. • Linder Road from Franklin Road to Cherry Lane is listed in the Capital Improvements Plan to be widened to 5-lanes between 2019 and 2027. • The intersection of Franklin Road and Linder Road is listed in the Capital Improvements Plan to have the signal replaced and modified and the approaches reconstructed and widened between 2019 and 2027. B. Findinas for Consideration This application is for annexation & rezone application only. Listed be/ow 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. 1. Linder 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 Linder Road abutting the site. 2 MAZ-09-004 Staff Comment/Recommendations: Sufficient right-of-way exists along Linder Road abutting the site to accommodate widening to five lanes. Therefore, no additional right-of-way will be required along Linder Road. The applicant will be required to construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the centerline of Linder Road abutting the site. 2. 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. 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 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. 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: There are currently two driveways onto Linder Road, one located at the north property line, and one located at the south property line. The applicant is proposing to close the northern driveway and utilize the existing south driveway onto Linder Road. Staff is unable to determine the proposed width of this driveway with this application. Staff Comment/Recommendation: The applicant's proposal to utilize the existing driveway located at the south property line does not meet District successive driveway policy. However, staff recommends a modification of policy to allow the driveway to be located as proposed. The applicant is proposing to closing the existing driveway at the north property line, and the southern driveway location has potential for cross access for the parcel to the south should it redevelop in the future. The applicant will be required to provide a cross access agreement to the property to the south. The applicant will be restricted construct one driveway between 24 & 30-feet in width located at the south property line and pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. 3. Landscaping Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. License Agreements: A license agreement is required for all landscaping proposed within ACRD 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-feet 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. 3 MAZ-09-004 4. Other Access Linder Road is classified as a minor arterial roadway. Other than access specifically approved with a future development application, direct lot access onto Linder Road will be prohibited. 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. Construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the centerline of Linder Road abutting the site. 2. Construct one driveway between 24 & 30-feet in width located at the south property line. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. 3. Close the existing driveway located at the north property line, as proposed. 4. Provide a cross access agreement for the property to the south. 5. Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the site along Linder Road. 6. Other than access specifically approved with a future development application, direct lot access onto Linder Road will be prohibited. 7. 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. 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 ACRD 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. 4 MAZ-09-004 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 ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD 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. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordination 4. Development Process Checklist 5. Request for Reconsideration Guidelines OR Appeal Guidelines 5 MAZ-09-004 MAZ-09-004 s~ !!!'~ e a a ~o F ~, n v c 0 c H A 'O ZZ~ Gl m pE i.w ~~F Y~ N $S~ C Qy m s ~- ~~ ~~~ ~~~ M~ ° ~ ~ ~~ ~_ ~~ g ~ ~~~ ~~ ~.:. ~,;;- 4~ ~~~~ ~~~ ~~~ ~~ o $ g ~ ~ 3 ~~ LAN p 5 C A F I PINNr~ CLE N ~Eagineera, Ino. tenon m ao a rr r. eru ~ MAZ-09-004 w k _ _. 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 MAZ-09-004 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 two (2) sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for 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. DlD YOU REMEMBER: Construction (Zone) ^ Driveway or Property Approach(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 MAZ-09-004 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an 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 MAZ-09-004 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 ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. 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. 1 ~ MAZ-09-004