ACHD Comments Wyndstone CZCAO Nth,
ACHD
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6100. wr a-rla 54vio"
July 17, 2008
TO: Gary Asson- Asson Enterprises, LLC
1226 E. Riversong Dr.
Eagle, ID 83616
REP: The Architects Office, PLLC
499 Main St.
Boise, ID 83702
SUBJECT: MCZC-08-070
Wyndstone Office Bldg. #2
1075 S. Wells St.
Carol A. McKee, President
Sherry R. Huber, 1st Vice President
Dave Bivens, 2nd Vice President
John S. Franden, Commissioner
Rebecca W. Arnold, Commissioner
AVE E
r
t- AALFROIAN
CITY
On April 5, 2005, the Ada County Highway District acted on MPP -05-012 for Wyndstone Place
Subdivision. The conditions and requirements also apply to MCZC-08-070.
• Prior to final approval you will need to submit construction plans to the ACHD
Development Review Department to insure compliance with the conditions Identified above
or for traffic impact fee assessment. This is a separate review process that requires direct
plans submittal to the Development Review staff at the Highway District.
• A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning $ Development Services at 387-6170 for
information regarding impact fees.
If you have any questions or concerns please feel free to contact this office at (208) 387-6177.
Sincerely,
Chelsee Kucera
Right -of -Way and Development Services
CC:
Project File
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID 9 83714 • PH 208-387-6100 • FX 345-7650 9 www.achd.ada.id.us
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.
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 a set 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 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 >59 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 a Pre -Con.
r
ACHD
It
eogwn,.Wa- o
File Numbers: PP-05-012Myndstone Place -_ EVIW
Lead Agency: Meridian City
Site address: 1151 S Wells Street
Staff Contact: Karen Anderson
Phone: 387-6171
E-mail: kanderson(&-achd.ada.id.us
Right -of -Way & Development Department
Planning Review Division
Staff Report: This application does not require Commission action and is approved at the staff
level as of April 5, 2005.
Application Information: The applicant has submitted a preliminary plat application to Meridian City for 8
building lots and 3 common lots on 4.66 acres located at 1151 South Wells Street.
Acreage: 4.66
Current Zoning: L -O
Proposed Lots: 8 commercial & 3 common
Proposed Use: Commercial
Applicant: Quasar Development, LLC
3090 Gentry Way, Suite 150
Meridian, ID 83642
Representative: Erickson Civil, Inc
5293 N Schubert Ave
Meridian, ID 83642
Owner: B & F Enterprises
192 Sunburst Way
Boise, ID 83709
This stay report was revise__d on Apri 12, 2005 to_r fl c a following formations
On A ril 8�' ACHD received a corn complaint from the property owner directly to the north regarding the
proposed driveway on Wells Circle. This driveway closely aligns with her existing driveway and she is
concerned that there will be a conflict for her with the new traffic generated by the development. The
applicant has been contacted with the option to move the proposed driveway on Wells Circle
approximately 175 -feet to the east. This new driveway location would meet district policy and would be
approved by ACHD.
New information has been presented that there is phone service, fire hydrant, water main and or sewer
located in the right-of-way at the terminus of Wells Circle. It is the applicant's responsibility to move
these improvements out of the right-of-way. The applicant will be required to work with the property
owner to the north to provide her continuity regarding these services.
Findings of Fact
Existing Conditions;
1. Site Information: Currently there is one residential dwelling and out buildings on the site. They
are proposed to be removed.
2. Description of Adjacent Surrounding Area:
Direction
Land Use
Zoning
North
Magic View Subdivision/Residential/Commercial
RUT & C -G
South
Interstate 1-84
25 MPH
East
Comfort Suites Inn
C -G
West
Locust View Heights Subdivision
R1
3. Existing Roadway Improvements and Right-of-way:
Roadway
Right -of -Way
Lanes
Improvements
Wells Street
50 -feet (25 -feet from centerline)
2 driving, no center tum
No curb, gutter or
25 MPH
Wells Street and Wells Circle
lane
sidewalk
Wells Circle
50 -feet (25 -feet from centerline)
20 -feet of pavement that
No curb, gutter or
end in a Cul-de-sac
sidewalk
4. Existing Access: Currently there are 2 driveways that access Wells Street and one driveway on
Wells Circle.
5. Site History: Previously the district has not reviewed an application for this site.
Development Impact;
6. Trip Generation: This development is estimated to generate approximately 515 additional vehicle
trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation
Manual.
7. Overlay Fees: On December 30, 1998, the Ada County Highway District Commission acted
on MCU-43-97/MA-13-97 and approved an extraordinary impact fee (overlay fee) for Magic
View Subdivision (Amended). The overlay fee is based on trip generation rates of $43.19
per trip. The overlay fee will be assessed with future applications for each building being
proposed and will need to be paid to ACHD prior to obtaining a building permit or occupancy.
8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a
building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect
at that time.
9. Traffic Impact Study: A traffic impact study was not required with this application.
10. Impacted Roadways:
Roadway
Frontage
Functional Classification
Seed Limit
Nearest Intersection
Wells Street
175 -feet
Local/Commercial
25 MPH
Wells Street and Wells Circle
2
Wells Circle 450 -feet Local/Commercial Not posted Wells Street and Wells Circle
11. Capital Improvements Plan/Five Year Work Program:
Wells Street and Wells Circle are not included in the Capital Improvements Plan or the Five Year
Work Program.
Findings for Consideration
1. Right -of -Way
District policy requires 54 -feet of right-of-way on industrial/commercial roadways (Figure 72-F1A). This
right-of-way allows for the construction of a 3 -lane roadway with curb, gutter and 5 -foot wide concrete
sidewalks.
Wells Street
Applicant's Requirements: The applicant will be required to do one of the following:
a. Dedicate by donation an additional 2 -feet of right-of-way on Wells Street abutting the parcel
by means of recordation of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the right-of-
way dedication after receipt of all requested material. The owner will not be compensated for
this additional right-of-way because Wells Street is a local commercial street and is to be
brought to adopted standards by the developers of abutting properties.
b. Do not dedicate additional right-of-way, but construct a 5 -foot wide concrete sidewalk
adjacent to the curb along Wells Street, and provide the District with an easement for any
portion of the sidewalk located outside of the right-of-way.
Wells Circle
Applicant's Requirements: The applicant will be required to do one of the following:.
a. Dedicate by donation an additional 2 -feet of right-of-way on Wells Circle abutting the parcel
by means of recordation of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the right-of-
way dedication after receipt of all requested material. The owner will not be compensated for
this additional right-of-way because Wells Street is a local commercial street and is to be
brought to adopted standards by the developers of abutting properties
b. Do not dedicate additional right-of-way, but construct a 5 -foot wide concrete sidewalk
adjacent to the curb along Wells Circle, and provide the District with an easement for any
portion of the sidewalk located outside of the right-of-way.
2. Street Section
District policy 7202.8 and 72-F1A, requires roadways abutting commercial developments to be
constructed as a 40 -foot street section with curb, gutter and 5 -foot concrete sidewalk within 54 -feet of
right-of-way.
Wells Street
Applicant's Requirements: Construct one half of a 40 -foot street section with vertical curb, gutter
and 5 -foot attached concrete sidewalk abutting the site with parking prohibited on both sides.
Wells Circle
Applicant's Requirements: Construct one half of a 40 -foot street section with vertical curb, gutter
and 5 -foot attached concrete sidewalk abutting the site with parking prohibited on both sides.
3
3. Cul-de-sac
District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of
45 -feet.
Applicant's Requirements: The applicant will be required to construct the cul-de-sac on Wells
Circle to provide a minimum turning radius of 45 -feet. The cul-de-sac will need to be paved it's full
width and length with a 1 -foot gravel shoulder and borrow ditch. Curb, gutter and sidewalk on the
cul-de-sac will not be required with this application.
4. Driveways
District policy F2 -F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to
offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near edge to near
edge).
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.
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.
Applicant's Requirements:
1. Construct one curb return type driveway 25 -feet wide, located approximately 360 -feet west
of the east property line on Wells Circle as proposed.
2. Construct a second curb return type driveway located on Wells Street approximately 100 -
feet south of the north property line with a center island that is a minimum of 4 -feet in width
and has a total of 100 sq ft. The driving lanes should be no wider than 20 -feet on either side
of the center island.
3. Pave the driveway it's 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.
5. Other Access
Other than the one driveways that are specifically approved with this application, no other access to
Wells Street or Wells Circle is allowed.
Site Specific Conditions of Approval
Payment of an overlay fee and the standard impact fee will be determined by ACHD Development
Services and will be due prior to obtaining a building permit or occupancy.
2. On Wells Street the applicant will be required to do one of the following:
a. Dedicate by donation an additional 2 -feet of right-of-way on Wells Street abutting the parcel
by means of recordation of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the right-of-
way dedication after receipt of all requested material.
b. Do not dedicate additional right-of-way, but construct a 5 -foot wide concrete sidewalk
adjacent to the curb along Wells Street, and provide the District with an easement for any
portion of the sidewalk located outside of the right-of-way.
4
3. On Wells Circle the applicant will be required to do one of the following:
a. Dedicate by donation an additional 2 -feet of right-of-way on Wells Circle abutting the parcel
by means of recordation of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first Allow up to 30 business days to process the right-of-
way dedication after receipt of all requested material.
b. Do not dedicate additional right-of-way, but construct a 5 -foot wide concrete sidewalk
adjacent to the curb along Wells Circle, and provide the District with an easement for any
portion of the sidewalk located outside of the right-of-way.
4. Construct Wells Street as one half of a 40 -foot street section with vertical curb, gutter and 5 -foot
attached concrete sidewalk with parking prohibited on both sides.
5. Construct Wells Circle as one half of a 40 -foot street section with vertical curb, gutter and 5 -foot
attached concrete sidewalk with parking prohibited on both sides.
6. Construct the cul-de-sac on Wells Circle to provide a minimum turning radius of 45 -feet. The cul-de-
sac will need to be paved it's full width and length with a 1 -foot gravel shoulder and borrow ditch.
7. Construct one curb return type driveway 25 -feet wide,_ located approximately -360_ -feet west of the
east property line on Wells Circle as proposed. ,The applicant has the option to move the proposed]
driveway on Wells Circle approximately 175 -feet to the east. This new driveway tion would
meet district policy and would be approved by ACHE
8. Construct one curb return type driveway on Wells Street with a center island that is a minimum of
4 -feet in width and has a total of 100 sq ft. The driving lanes should be no wider than 20 -feet on
either side of the center island.
9. 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.
I10.- It is the applicant's responsibility to move the existing phone service, fire hydrant, water main and o_r!
sewer located in the right-of-way at the terminus of Wells Circle out of the right-of-way and world
with the property owner to the north toprovide her continuity regarding these services.)
11. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. 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.
4. 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.
5
5. 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.
6. 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.
7. 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.
8. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9. 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 (1-800-342-1585) 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.
10. 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.
11. 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.
Conclusions of 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. Site Plan
2. Appeal Guidelines
3. Development Checklist
N.
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.
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.
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.
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 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 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 a Pre -Con.
J