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2019-12-16 ACHD   1 Ascent Subdivision / MPP19-0029 / H-2019-0122 Development Services Department Project/File: Ascent Subdivision / MPP19-0029 / H-2019-0122 The applicant is requesting annexation, rezone, preliminary plat and conditional use approval for a residential subdivision consisting of 9 multi-family building lots, and 5 common lots. The development will total 72 residential units on 5 acres. Lead Agency: City of Meridian Site address: Parcel S1210346905 Staff Approval: December 13, 2019 Applicant: Matt Schultz Schultz Development PO Box 1115 Meridian, ID 83680 Staff Contact: Austin Miller Phone: 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting annexation, rezone, preliminary plat and conditional use approval for a residential subdivision consisting of 9 multi-family building lots, and 5 common lots. The development will total 72 residential units on 5 acres. The applicant’s proposal is consistent with the City of Meridian’s comprehensive plan designation of medium-high density residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Rural to Urban Transition Zone RUT South Medium Density Residential District R-8 East Rural to Urban Transition Zone RUT West Rural to Urban Transition Zone RUT 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • Entrata Farms, a multi-family residential subdivision consisting of 278 dwelling units located just east of this site was approved by ACHD in May 2018 and phase 1 is currently under construction. • Baraya Apartments, a multi-family residential subdivision consisting of 240 dwelling units located at the southeast corner of Umbria Hills Way and Franklin Road was approved by ACHD in February 2018 and is currently under construction. 2 Ascent Subdivision / MPP19-0029 / H-2019-0122 • Baraya Subdivision, consisting of 334 single family lots and one elementary school lot, located directly south of this site was approved by ACHD in March 2007 and is in various stages of development. 5. Transit: Transit services are available to serve this site, via route 42. 6. New Center Lane Miles: The proposed development includes 0 centerline miles of new public road. 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. The impact fee assessment will not be released until the civil plans are approved by ACHD. 8. Capital Improvements Plan (CIP) / Integrated Five Year Work Plan (IFYWP): • Black Cat Road is listed in the CIP to be widened to 5-lanes from Cherry Lane to Franklin Road between 2021 and 2025. • Black Cat Road is listed in the CIP to be widened to 3-lanes from Overland Road to Franklin Road between 2026 and 2030. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 527 additional vehicle trips per day; 40 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 10th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH). * Acceptable level of service for a five-lane minor arterial is “E” (1,540 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 Franklin Road east of Ten Mile Road was 14,211 on December 19, 2018. • The average daily traffic count for Ten Mile Road north of Franklin Road was 27,049 on January 10, 2018. C. Findings for Consideration 1. Franklin Road a. Existing Conditions: Franklin Road is improved with 5-travel lanes, vertical curb, gutter, and concrete sidewalk abutting the site. There is 90-feet of right-of-way for Franklin Road (34-feet from section line). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Franklin Road 365-feet Principal Arterial 947 Better than “E” Ten Mile Road None Minor Arterial 1,474 Better than “E” 3 Ascent Subdivision / MPP19-0029 / H-2019-0122 Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. c. Applicant Proposal: The applicant is not proposing any improvements to Franklin Road. d. Staff Comments/Recommendations: Franklin Road was widened to 5-lanes in 2017 and fully improved with curb, gutter and sidewalk abutting the site; therefore, frontage improvements are not required. Consistent with ACHD’s Minor Improvement Policy, the applicant should be required to repair or replace any damaged or deficient improvements along Franklin Road abutting the site. 2. Driveways 2.1 Franklin Road a. Existing Conditions: There is a 20-foot wide curb cut type driveway onto Franklin Road located 193-feet west of the eastern property line. b. Policy: Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1b under District policy 7205.4.7, unless a waiver for the access point has been approved by the District Commission. Driveways, when approved on a principal arterial shall operate as a right-in/right-out only, and the District will require the construction of a raised median to restrict the left turning movements. Successive Driveways: District policy 7205.4.7 Table 1b, requires driveways located on principal arterial roadways with a speed limit of 45 MPH to align or offset a minimum of 380-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, 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 in accordance with Table 2 under District Policy 7205.4.8. Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross access utilizes a single vehicular connection that serves two or more adjoining lots or parcels so that the driver does not need to re-enter the public street system. 4 Ascent Subdivision / MPP19-0029 / H-2019-0122 c. Applicant’s Proposal: The applicant is proposing to reconstruct the existing driveway on Franklin Road located 193-feet west of the eastern property line as a 25-foot wide curb return type driveway. The driveway is located 300-feet west of a driveway serving a single-family dwelling and 205-feet east of a private road serving three single-family dwellings (Zimmerman Lane). d. Staff Comments/Recommendations: The applicant's proposed driveway location does not meet District Successive Driveway policy; however, staff recommends a modification of policy to allow the driveway to be located as proposed due to the fact that this site does not have access to a lesser classified street and there is not adequate frontage to meet the required 380- foot offset. Additionally, the two driveways within 380-feet of the proposed driveway are low volume driveways. The 46% modification of policy is approved at the discretion of the Deputy Director of Development and Technical Services. To ensure the ease of residents and the traveling public entering and exiting the site the applicant may widen to driveway to a maximum width of 36-feet. 3. 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. 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. 5. Other Access Franklin Road is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Repair or replace any damaged or deficient improvements along Franklin Road abutting the site. 2. Reconstruct the existing driveway on Franklin Road located 193-feet west of the eastern property line as a curb return type driveway and to a maximum width of 36-feet. 3. Note on the final plat that other than the access specifically approved with this application, direct lot access to Fairview Avenue is prohibited. 4. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 5. Payment of impact fees is due prior to issuance of a building permit. 6. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 5 Ascent Subdivision / MPP19-0029 / H-2019-0122 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. 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 6 Ascent Subdivision / MPP19-0029 / H-2019-0122 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Appeal Guidelines 7 Ascent Subdivision / MPP19-0029 / H-2019-0122 VICINITY MAP 8 Ascent Subdivision / MPP19-0029 / H-2019-0122 SITE PLAN 9 Ascent Subdivision / MPP19-0029 / H-2019-0122 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 Ascent Subdivision / MPP19-0029 / H-2019-0122 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 and 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 Ascent Subdivision / MPP19-0029 / H-2019-0122 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 char ged 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.