Loading...
200700191-PBA-PR report1200700191-PBA-PR Capital Development, Inc. Page 1 of 9 February 4, 2008 David Yorgason Capital Development, Inc. 6200 N. Meeker Place Boise, ID 83713 RE: FILE # 200700191-PBA-PR David Yorgason, Capital Development, Inc. Property Boundary Adjustment and Private Road Application for Parcel Number S1204346610, S1204346710, and S1204346680 located at 5850 W. Cherry Lane; Section 4, Township 3 North, Range 1 West. RUT District. Dear Applicant, On September 17, 2007, Ada County Development Services received your application for a property boundary adjustment. On September 27, 2007, you were notified by this office that a private road application would need to be submitted to Ada County for approval before the property boundary adjustment could be approved. On December 12, 2007, the private road application was received by Ada County. Based on staff’s review of the Ada County Code, Application #20070191-PBA-PR has been given tentative approval, subject to the Conditions of Approval listed in Exhibit A. Please note, this approval shall become null and void if the Conditions of Approval have not been met, and if you have not obtained a letter of completion issued by the Director within one year of the date of this approval letter. This determination was made based upon current information contained in the public record and interpretation of the Ada County Zoning Ordinance. You may appeal this decision to the Board of Ada County Commissioners. To do so, you must file the appeal within fifteen days of the date of this letter. The fee for filing an appeal is $350. Pursuant to Idaho Code § 67-6535, this letter is to further inform you that to the extent a final decision has been made on a site-specific land use request, an applicant has the right to request a regulatory takings analysis under Idaho Code § 67-8003. Please refer to the Conditions of Approval regarding the expiration date of your project. This is the only notice you will receive regarding the expiration date. If you have any questions, I can be reached at 287-7927. Sincerely, Clarke Bullock, Planner II Cc: Mark Perfect, Ada County Planner III Supervisor 200700191-PBA-PR Capital Development, Inc. Page 2 of 9 STAFF ANALYSIS The applicant is proposing a property boundary adjustment between three un-platted parcels so that each parcel will meet or exceed the 5-acre minimum dimensional standard in the Rural Urban Transition (RUT) District. An existing single-family detached dwelling exists on Parcel Number S1204346680 and a private driveway extends from Cherry Lane to the to the dwelling, through Parcel Number S1204346710. Since the dwelling does not currently have the required 250’ of roadway frontage, the applicant has submitted a private road application in conjunction with the property boundary adjustment application, to provide access to the property that does not have frontage on a public street. Parcel numbers #S1204346680, S1204346710, and S1204346610 were all created on September 28, 2007, as evidenced by a warranty deed recorded in the Ada County Recorder’s office by Instrument Number 107135673, and Record of Survey 8082 recorded on October 5, 2007. Parcel #S1204346680 (hereafter referred to as Parcel A) contains an existing dwelling built in 1980 and is 2.447 acres. Parcel #S1204346610 (hereafter referred to as Parcel B) contains 9.487 acres and Parcel #S1204346710 (hereafter referred to as Parcel C) contains 8.069 acres. After the property boundary adjustment has been completed, Parcel A (which does not currently have frontage on a public street) will contain 5.00 acres and be connected to Cherry Lane by a private road through Parcel C, as shown by the 50-foot wide easement recorded through Parcel C by Record of Survey 8082. Parcel B will contain 9.00 acres and have more than the required 250’ of roadway frontage, and Parcel C will contain 6.02 acres and also have more than the required 250’ of roadway frontage, as shown on the proposed Record of Survey submitted to Ada County on September 17, 2007, with the property boundary adjustment application. All resulting parcels will meet or exceed the 5.00-acre minimum size requirement of the RUT District. Parcel B and C will have adequate roadway frontage on Cherry Lane and Parcel A will be accessed by an approved private road. 200700191-PBA-PR Capital Development, Inc. Page 3 of 9 APPLICABLE LAW This section details the comprehensive plan policies, zoning ordinance regulations, and other applicable standards regarding development of the subject property. 1. Article 8-2B of the Ada County Code: RESIDENTIAL BASE DISTRICTS. Section 8-2B-4 of the Ada County Code: DIMENSIONAL STANDARDS: Lists the dimensional standards for the rural base districts including the Rural Urban Transition (RUT) zone minimum property size is 5 acres and a minimum of 250 feet of roadway frontage. 2. Article 8-4A of the Ada County Code: REGULATIONS APPLYING TO ALL DISTRICTS. Section 8-4A-3 of the Ada County Code. ACCESS TO AND FRONTAGE ON A ROADWAY: A. "Development", as herein defined, shall only be approved on a property that meets the minimum dimensional standards of the base and overlay districts, unless otherwise allowed by this title. When a property takes access from a private road, the terminus of which is located within the property, the required frontage shall be thirty feet (30') or the width of the private road easement. B. Access shall be taken from the required frontage unless the property also has frontage on an alley or approved private road. 3. Article 8-4C of the Ada County Code. PROPERTY BOUNDARY ADJUSTMENT. Section 8-4C-4: STANDARDS: A. A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by this title including regulations for individual wastewater treatment systems and wells as set forth in sections 8-4A-22 and 8-4A-23 of this title respectively. B. If one or more of the properties is nonconforming as to the minimum dimensional standards prescribed by this title, the property boundary adjustment shall not increase the nonconformity. C. A property boundary adjustment shall not increase the original number of properties. D. A property boundary adjustment shall not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner. E. The property boundary adjustment shall not constitute a relocation of a property. F. For platted lots, the property boundary adjustment shall be in substantial conformance to the recorded plat. Section 8-4C-5: REQUIRED FINDING: In order to approve the application, the decision-making body shall find that the proposed property boundary adjustment complies with the standards in Section 8-4C-4 of this Title. 200700191-PBA-PR Capital Development, Inc. Page 4 of 9 4. Article 8-4D of the Ada County Code. PRIVATE ROADS. Section 8-4D-4: STANDARDS: All private roads (including extensions of previously approved private roads) shall be constructed to the following standards. A. DESIGN STANDARDS. 1. The private road shall be constructed on a perpetual access easement or a single platted lot that originates from a public street and provides access to all applicable properties. a. Outside an area of city impact, the easement or lot shall be a minimum of 30 feet in width. Inside an area of city impact, the easement or lot shall be a minimum of 50 feet in width. b. If located on a lot, the primary function of the lot shall be to accommodate the private road. Minimum parcel size requirements shall not apply. 2. All properties abutting an approved private road shall have the same minimum required street frontage as required by the applicable base district, except: if the turn-around for the private road is located within a property as illustrated in Figure 14, Section 8-1A-2 of this Title, the required frontage shall be 30 feet (the width of the private road easement). 3. The point of connection of the private road and the public street shall be approved by the Ada County Highway District. 4. The private road shall terminate at a 45-foot radius cul-de-sac or other approved turn-around configuration. a. The turn-around may be located in an area of the property other than where the private road enters the property (see Figure 14, Section 8-1A-2 of this Title). b. The private road shall not intersect a public road, except at its origination point. The private road shall not intersect another private road. c. If the applicant proposes an alternate location and/or configuration for the turn-around, the following additional standards shall apply: (1) The applicant shall provide written approval from the appropriate Fire District. (2) The County Engineer shall review and approve the alternate location and/or configuration. 5. New gates or other travelway obstacles shall not be allowed except in exceptional circumstances when the director determines the gate or gates are necessary to improve safety or to halt environmental degradation in the area. Before approving a new gate or other obstacle, the director shall provide the fire district, or if no fire district, the Ada County Sheriff, with advice from the Idaho State Fire Marshall’s Office, the opportunity to review the proposal and offer recommendations. a. Approved gate openings shall be a minimum of twenty feet (20’) wide, be located a minimum of thirty feet (30’) from the public right-of-way, and when 200700191-PBA-PR Capital Development, Inc. Page 5 of 9 the gate is open, the travelway for its entire width shall be clear and unobstructed. b. Gates located on one-way roads shall open in the same direction that traffic moves. Gates located on two-way roads must open in both the directions that traffic moves. Gates that open upward shall not be allowed. c. Gates shall have a fail-open lock in the event of a loss of power. 6. No segment of the travelway of a private road shall exceed ten percent (10%) grade. Fire apparatus roadways in locations that front buildings, at intersections with other roads, and in front of fire hydrants, shall not exceed eight percent (8%) grade. 7. If the private road is located within the Wildland-Urban Fire Interface Overlay District, the additional design standards listed in Section 8-3B-3 of this Title shall apply. 8. Upon review of the proposed private road design, the applicant may be required to submit a drainage study prior to action on the private road application. B. CONSTRUCTION STANDARDS. 1. Private roads that will serve development located within an area of impact and that development will exceed a density of three dwelling units per acre shall be constructed to the Ada County Highway District standards for urban local roads. 2. All other private roads not defined in 8-4D-4(B)(1) shall be constructed to the following standards: a. Private roads that will provide frontage or access to four or fewer properties shall have a travelway with a minimum improved width of twenty feet (20’). Private roads that will provide frontage or access to more than four (4) properties shall have a travelway with a minimum improved width of twenty-four feet (24’). b. The travelway shall have a stable, compacted base. c. There shall be a crown or transverse slope of two percent (2%) to drain water away from the travelway. d. The improved surface shall consist of six inches (6”) of compacted two inch (2”) minus crushed gravel or other materials approved by the county engineer. Private roads that provide frontage and/or access to more than four (4) properties shall be paved with 2.5 inches of asphaltic concrete. e. If the turnaround is located within a property as illustrated in figure 14, section 8-1A-2 of this title, the full length of the travelway to the turnaround shall have a twenty-four foot (24’) width of improved surface. f. Any segment of a travelway of a private road greater than five percent (5%) grade shall be improved with asphalt or concrete paving. g. For the purposes of this section, corner properties that abut a private road shall be counted as taking access off the private road. Temporary dedicated 200700191-PBA-PR Capital Development, Inc. Page 6 of 9 open space lots created as part of a nonfarm subdivision shall also be counted as taking access off the private road. Section 8-4D-5: REQUIRED FINDINGS: In order to approve the application, the Director shall find the following: A. The design of the private road meets the requirements of this Article; B. Granting approval of the private road would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and C. The use and location of the private road shall not conflict with the applicable comprehensive plan and/or the regional transportation plan. FINDINGS OF FACT If any of these Findings of Fact are deemed Conclusions of Law, they are incorporated into the Conclusions of Law section. 1. The Director finds this application complies with standards contained in section 8-4C-4 of the Ada County Code in that, the parcels resulting from the property boundary adjustment will be 5.00 acres for Parcel A, 9.00 acres for Parcel B, and 6.02 acres for Parcel C, as shown on the record of survey submitted with the application. All three parcels will have at least the 5.00-acre minimum size, as required in the RUT zone. Parcel B and Parcel C have adequate roadway frontage (minimum of 250’) and access on Cherry Lane. Parcel A does not currently have adequate roadway frontage, but the proposed private road from Cherry Lane through Parcel C to Parcel A will provide the required road frontage. All three resulting parcels comply with the design and dimensional standards of the RUT District found in section 8-2A-4. Furthermore, the number of properties are not being increased, no easements, roads, etc., are being changed or moved; the property is not being relocated; and these are not platted lots. 2. The Director finds this application complies with section 8-4D-5 of the Ada County Code in that, as evidence by the submitted site plan and as conditioned in condition of approval numbers 1-5 and 9-13, the design of the private road meets the requirements of the Ada County Code. Furthermore, there is no evidence in the record to suggest that the private road will cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; nor will the use and location of the private road conflict with the Ada County Comprehensive Plan, or the regional transportation plan. CONCLUSIONS OF LAW If any of these Conclusions of Law are deemed Findings of Fact, they are incorporated into the Findings of Fact section. 1. The Director concludes that File Number 200700191-PBA–PR complies with Section 8-4C-5 of the Ada County Code. 2. The Director concludes that File Number 200700191-PBA-PR complies with Section 8-4D-5 of the Ada County Code. 200700191-PBA-PR Capital Development, Inc. Page 7 of 9 ORDER Based upon the Findings of Fact and Conclusions of Law contained in this Staff Report, the Director approves File Number 200700191-PBA-PR, subject to the conditions of approval outlined in the attached Exhibit A. 200700191-PBA-PR Capital Development, Inc. Page 8 of 9 EXHIBIT A CONDITIONS OF APPROVAL FILE NUMBER 200700191-PBA-PR CAPITAL DEVELOPMENT, INC. REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF FILE NUMBER 200700191-PBA-PR WILL BE CONSIDERED FINAL. THE APPLICANT AND/OR OWNER HAVE UNTIL FEBRUARY 4, 2009, TO COMPLETE THE REQUIRED ACTIONS. THIS TENTATIVE APPROVAL SHALL BECOME VOID IF A FINAL APPROVAL LETTER IS NOT REQUESTED AND ISSUED BY FEBRUARY 4, 2009. 1. Obtain approval from the Ada County street naming committee for a private road name. 2. Contact the Ada County Highway District (ACHD) to install an approved street name sign that complies with the regulations of the Ada County Uniform Street Name Ordinance. 3. Record a perpetual access easement with the Ada County recorder for the private road from Cherry Lane to all applicable properties. 4. After the private road is constructed and the street name sign is installed, schedule an inspection by the Ada County engineer. 5. Provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private road including regulations for the funding thereof; along with documentation of completion of the items noted above and request final approval of the private road. 6. The applicant and/or owner shall have a Record of Survey completed by a professionally licensed surveyor, and record the Record of Survey with the County Recorder’s office. 7. The applicant and/or owner shall obtain new tax parcel numbers from the Ada County Assessor. 8. The applicant and/or owner shall provide the following documentation to the Director: a) One 8 1/2” X 11” copy of the recorded Record of Survey. b) Proof of assignment of tax parcel numbers. Upon completing the above tasks, the applicant must request a letter from the Director that states that the Property Boundary Adjustment has received final approval. TERMS OF APPROVAL 9. The private road must comply with the design standards in Section 8-4D-4(A) of the Ada County Code. 10. The private road must comply with the construction standards in Section 8-4D-4(B) of the Ada County Code. 11. The private road must comply with the submitted plan. 12. No gates or travelway obstacles are allowed on the private road, without written approval 200700191-PBA-PR Capital Development, Inc. Page 9 of 9 from Ada County Development Services. 13. No building permit will be issued for any structure using a private road for access to a public street until the private road has received final approval or the applicant and/or owner has submitted a surety agreement consistent with Title 8, Chapter 4, Article K of the Ada County Code. 14. Appeals. The appeal period shall begin on the date of the written decision of the Director and shall last for 15 calendar days. 15. The final approval letter from the Director will not be issued during the appeal period. 16. In the event the decision of the Director is appealed, a building permit may not be issued until the appeal is resolved in favor of the applicant. See Section 8-7-7 of the Ada County Code for more information on appeals.