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HomeMy WebLinkAboutACHD Comments1~ ~~ ~~~ CHD Right-of-Way & Del~elopment Services Department J J ED SEP 2 3 2009 CITY OFG~fe rnrnN FFI('~ Project/File: MAZ-09-006 This application is for annexation and rezone of 5.02 acres from RUT (Ada County) to R-4 south of Chinden Boulevard and west of Locust Grove Road. Lead Agency: Site Address City of Meridian N. Jericho Road Staff Approval: September 23, 2009 Applicant/Owner: Jake Centers ~~ B1 LLC P.O. Box 1610 Eagle, Idaho 83616 Staff Contact: Matt Edmond Phone: 387-6187 !,g E-mail: medmond(a~achd.ada.id.us "'""° Application Information: ~~'`"~' Acreage: 5.02 ~, Current Zoning: RUT (Rural-Urban Transition) Proposed Zoning: R-4 (Low Density Residential) Planned Use: Single family residence Future Use: 11-unit residential subdivision (tentative) A. Findings of Fact Existing Conditions 1. Site Information: The site currently contains a storage lot at its northwest corner. 2. DeSCrlgtlOn Of AdlaCpnt Surrniinriinn ~rn~• Direction Land Use Zoning North Central Academ Hi h School, Sin le Famil Residential R-4, R-2 South Rural Residential, Sin le Famil Residential RUT, R-4 East Sin le Famil Residential R-4 West Single Family Residential R_g 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site • Jericho Road is improved with two travel lanes (32-feet of pavement), vertical curb, gutter, and 5-foot wide attached concrete sidewalk inside 50-feet of right-of-way (25-feet from centerline) abutting the site. • Commander Street is improved with two travel lanes (29-feet of pavement), vertical curb and gutter inside 50-feet of right of way with 4-foot wide detached sidewalk in easements where it stubs into the site's east property line. 1 MAZ-09-006 4. Existing Access: The site has one access point onto Jericho Road through Meridian School District property, and one access point to the stub of Commander Street. 5. Site History: The District previously acted on MPP-05-006 and MAZ-05-004 for The Reserve Subdivision, which included this site, on March 16, 2005. The District subsequently acted on two revised preliminary plats for The Reserve that excluded the site: MPP-05-034 and MAZ-05-035 on August 23, 2005; and MPP-05-051 and MAZ-05-050 on October 25, 2005. The findings and site specific conditions of approval in this report are consistent with those previously set forth in the original preliminary plat application for The Reserve. 6. Adjacent Development: The following developments are pending or under construction in the vicinity of the site: • Madelynn Estates Subdivision, an 88-unit residential development, is pending construction approximately 330-feet south of the site. The District approved preliminary plat of Madelynn Estates on 21 March 2006, and the final plat on 15 November 2006. • Jericho Subdivision, a 68-unit residential subdivision, is located on Jericho Road approximately 330-feet north of the site. The District approved preliminary plat of Jericho on 15 February 2007. • Hightower Subdivision, a mixed subdivision consisting of 4 commercial lots and 106 residential lots, is under construction approximately 1,000-feet northwest of the site. The District approved preliminary plat of Hightower on 7 March 2006, and final the final plat on 15 November 2006. Development Impacts 7. Trip Generation: This application is for annexation and rezone only. Based on the preliminary site plan for 11 single family dwellings, the proposed development is estimated to generate approximately 105 vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual. 8. 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. 9. Existing Condition of Area Roadways: Roadwa y Fronta a g Functional Traffic Count Level of Speed Classification Service* Limit Jericho Road 60' Local 253 south of Chinden N/A 20 MPH 9/5/2006 Commander Street 50' Local No data N/A 20 MPH Locust Grove Road None Minor Arterial 5,600 south of Better 50 MPH Chinden 9/25/2008 than "C" ~~~GN~du~C level o~ service ror a two-lane minor arterial is "D" (14,000 ADT). 10. Capital Improvements Plan /Five Year Work Plan: • The intersection of Locust Grove Road and McMillan Road is scheduled in the Five Year Work Plan to be signalized in 2011. • McMillan Road from Meridian Road to Locust Grove Road is listed in the District's Capital Improvements Plan to be widened to three lanes between 2019 and 2027. • McMillan Road from Locust Grove Road to Eagle Road is listed in the District's Capital Improvements Plan to be widened to five lanes between 2019 and 2027. 2 MAZ-09-006 B. Findings for Consideration This application is for annexation and rezone 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 it reviews a specific redevelopment application. 1. Jericho Road Local Street Section: District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back- of-curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. Applicant Proposal: The applicant is not proposing any changes to Jericho Road at this time. Staff Comment/Recommendation: Jericho Road is already fully improved abutting the site. Therefore, no additional right-of-way dedication or roadway improvements will be required with this development. 2. Internal Streets Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. 33-foot Street Section: District policy 72-F1A, allows local residential public roads with a 33-foot street section with parking on both sides of the roadway, if the amount of vehicle trips per day on the street does not exceed 1,000 and the appropriate fire department reviews and approves the street section. The proposed density of development that will utilize the internal local residential streets is anticipated to generate less than 1,000 vehicle trips per day. Applicant Proposal: The applicant is not proposing to construct any internal streets at this time, but is tentatively proposing to extend Commander Street through the site to Jericho Road with a future subdivision. Staff Comment/Recommendation: With subsequent development, the applicant will be required to construct an internal street network. Due to the fact that Commander Street, which currently stubs to the site's east property line, is a 33-foot street section, District staff recommends that the applicant extend Commander Street into the site as a 33-foot street section with curb, gutter, and minimum 5-foot wide attached (or 4-foot wide detached) sidewalk. The applicant will be required to obtain approval from the Meridian Fire Department for the reduced street section width. Also, in order to promote connectivity and consistent with previous action involving the site, the applicant will be required to extend Commander Street all the way to Jericho Road. The applicant will be required to provide a public use easement for any portion of sidewalk located outside of the right-of-way. 3. 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. 3 MAZ-09-006 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. C. Site Specific Conditions of Approval This application is for annexation and rezone only. Listed below are some of the site specific conditions that the District may identify when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 1. Extend Commander Street through the site and connect it to Jericho Road as a 33-foot street section with curb, gutter, and minimum 5-foot wide attached (or 4-foot wide detached) sidewalk. Obtain approval from the Meridian Fire Department for the reduced street section width. Provide a public use easement for any portion of sidewalk located outside of the right-of-way. 2. Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the site. 3. 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 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 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. 4 MAZ-09-006 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. C®ncia<a~i®~~ ~f 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 transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Future Site Plan 3. Utility Coordination 4. Development Process Checklist 5. Appeal Guidelines 5 MAZ-09-006 Future Site Plan MAZ-09-006 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 e-mail notification information. 7 MAZ-09-006 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 ACRD 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. DID 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 ACRD 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 ACHD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 8 MAZ-09-006 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. 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. 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. 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. 9 MAZ-09-006