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MER18-0059   1 MER18-0059 / A-2018-0173 Development Services Department Project/File: Pro Build Expansion / MER18-0059 / A-2018-0173 The applicant is requesting certificate of zoning compliance approval for an expansion of the Pro Build storage yard in Meridian. Lead Agency: City of Meridian Site address: 413 E. Broadway St. Staff Approval: June 5, 2018 Applicant: Pro Build 415 E. Broadway Ave. Meridian, ID 83642 Representative: Keller Associates 131 SW 5th St. Meridian, ID 83642 Staff Contact: Austin Miller Phone: 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting certificate of zoning compliance approval for an expansion of the Pro Build storage yard in Meridian. The City of Meridian’s future land use map calls for Old Town uses on this site. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Old Town & Medium Density Residential District O-T & R-8 South Light Industrial District (Railroad) I-L East Limited Industrial District M1 West Light Industrial District I-L 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are not available to serve this site. 5. New Center Lane Miles: The proposed development includes 0 centerline miles of new public road. 6. 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. 7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): 2 MER18-0059 / A-2018-0173  Pine Avenue is currently being reconstructed with 2/3 lanes, bike lanes and pedestrian facilities from Meridian Road to Locust Grove Road. Construction is scheduled to be completed in the fall of 2018. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 109 additional vehicle trips per day; 15 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a two-lane collector is “D” (425 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts.  The average daily traffic count for 3rd Street south of Pine Avenue was 1,613 on September 20, 2016.  Current traffic counts are not available for this segment of Broadway Avenue at this time. C. Findings for Consideration 1. Broadway Avenue a. Existing Conditions: Broadway Avenue is improved with 27 to 29-feet of pavement, and no curb, gutter or sidewalk abutting the site. There is 40-feet of right-of-way for Broadway Avenue (0-feet from centerline). The southern half of Broadway Avenue is currently located outside of the public right-of -way. b. Policy: Industrial Roadway Policy: District Policy 7209.2.1 states that the developer is responsible for improving all commercial street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7209.5 states that right-of-way widths for new industrial roadways shall be 50-feet wide and that the standard street section will vary depending on the need for a center turn lane, bike lanes, volumes, percentage of truck traffic, and/or on-street parking.  A 40-foot street section (back-of-curb to back-of-curb) will typically accommodate two travel lanes and a center turn lane.  A 52-foot street section (back-of-curb to back-of-curb) will typically accommodate two travel lanes and a center turn lane and on-street parking. Sidewalk Policy: District Policy 7209.5.6 requires concrete sidewalks at least 5-feet wide to be constructed on one side of all industrial streets. If a separated sidewalk is proposed, a parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service 3rd Street None Collector 93 Better than “D” Broadway Avenue 393-feet Local N/A N/A 3 MER18-0059 / A-2018-0173 A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of -way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Half Street Policy: District Policy 7209.2.2 required improvements shall consist of pavement widening to one-half the required width, including curb, gutter and concrete sidewalk (minimum 5-feet), plus 12-feet of additional pavement widening beyond the centerline established for the street to provide an adequate roadway surface, with the pavement crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. c. Applicant’s Proposal: The applicant is proposing to dedicate 23.5-feet of right-of-way along Broadway Avenue abutting the site, increasing to 42-feet at the eastern property line to accommodate for the southern bend in the roadway. The applicant is proposing to complete Broadway Avenue as ½ of a 33-foot street section with vertical curb, gutter and sidewalk abutting the site. d. Staff Comments/Recommendations: The applicant should be required to dedicate a minimum of 25-feet of right-of-way along Broadway Avenue abutting the site. The applicant’s proposal to construct Broadway Avenue as ½ of a 33-foot street section does not meet District street section policy for an industrial street. The applicant should be required to construct Broadway as ½ of a 36-foot street section with vertical curb, gutter and sidewalk abutting the site. The applicant should be required to straighten the eastern portion of Broadway Avenue abutting the site and not follow the existing bend south. This will require pavement widening on the north side of Broadway Avenue to provide a minimum of 12-feet of pavement from centerline. The applicant should be required to accommodate for driveway access to the property to the east. 2. Driveways 2.1 Broadway Avenue a. Existing Conditions: There are no existing driveways on Broadway Avenue abutting the site. b. Policy: Driveway Location Policy: District policy 7207.4.1 requires driveways near intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street intersection, and 150-feet from the nearest collector or arterial street intersection. Successive Driveways: District Policy 7207.4.1 states that successive driveways away from an intersection shall have no minimum spacing requirements for access points along a local street, but the District does encourage shared access points where appropriate. Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required, residential driveways shall be restricted to a maximum width of 20-feet and may be constructed as curb-cut type driveways. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.4.3, 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. 4 MER18-0059 / A-2018-0173 Driveway Design Requirements: If an access point is to be gated, the gate or keypad (whichever is closer) shall be located a minimum of 50-feet from the adjacent street and an onsite turnaround shall be provided. c. Applicant’s Proposal: The applicant is proposing to construct a 30-foot wide gated driveway on Broadway Avenue aligned with 5th Street. d. Staff Comments/Recommendations: The applicant’s proposal to construct a 30-foot wide driveway on Broadway Avenue aligned with 5th Street meets District policy and should be approved as proposed. The entrance gate or keypad (whichever is closer) should be located a minimum of 50-feet from the edge of pavement on Broadway Avenue. 3. License Agreement a. Staff Comments: There is an existing license agreement for the current Pro Build site (outlined in yellow). As part of this application, a gate and parking stalls are proposed to be located within the existing ACHD right-of-way (checkered area), which are not covered by the existing license agreement. The applicant should be required to replace the existing license agreement. The new license agreement should cover the existing uses within the right-of-way (buildings, parking, asphalt, landscaping, etc.) as well as the proposed uses. 4. Tree Planters Tree Planter Policy: 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. 5. 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. D. Site Specific Conditions of Approval 5 MER18-0059 / A-2018-0173 1. Dedicate 25-feet of right-of-way along Broadway Avenue abutting the site. 2. Construct Broadway Avenue as ½ of a 36-foot street section with vertical curb, gutter and sidewalk abutting the site. Straighten the eastern portion of Broadway Avenue abutting the site, not following the existing bend south. 3. Provide pavement widening on the north side of Broadway Avenue to provide a minimum of 12- feet of pavement from centerline. 4. Accommodate driveway access to the property to the east. 5. Construct a 30-foot wide driveway on Broadway Avenue aligned with 5th Street. 6. Locate the entrance gate or keypad (whichever is closer) should a minimum of 50-feet from the edge of pavement on Broadway Avenue. 7. Replace the existing license agreement at the current Pro Build site to cover the existing uses within the right-of-way (buildings, parking, asphalt, landscaping, etc.) as well as the proposed uses. 8. Payment of impact fees is due prior to issuance of a building permit. 9. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 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. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. 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. 8. 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. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6 MER18-0059 / A-2018-0173 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. 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. G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 7 MER18-0059 / A-2018-0173 VICINITY MAP 8 MER18-0059 / A-2018-0173 SITE PLAN 9 MER18-0059 / A-2018-0173 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. 10 MER18-0059 / A-2018-0173 Development Process Checklist Items Completed to Date: Submit a development application to a City or to Ada County The City or the County will transmit the development applic ation to ACHD The ACHD Planning Review Section will receive the development application to review The Planning Review Section will do one of the following: Send a “No Review” letter to the applicant stating that there are no site specific conditions of approval at this time. 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. Items to be completed by Applicant: For ALL development applications, including those receiving a “No Review” letter:  The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section 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 assessment.)  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 (Non-Subdivisions) Driveway or Property Approach(s)  Submit a “Driveway Approach Request” form to 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-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed an d approved by the ACHD Stormwater Section. 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 is required prior to scheduling a Pre-Con. 11 MER18-0059 / A-2018-0173 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 Development Services Manager when it is alleged that the Development Services 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 and Clerk of the District, 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 Development Services 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 Development Services 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.