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ACHD CommentsOctober 29, 2008 ~~~ CHD ~o~wrwv~'ad~o ~ritfv~+:c~ TO: Paramount Development, Inc. 12601 W. Explorer Dr, Ste. 200 Boise, ID 83713 REP: Dion Zimmerman- Lowland-Johanson-Zimmerman Architecture 400 5. Main St. Payette, ID 83661 SUBJECT: MCZC-08-087 Church LDS Bldg. 4895 N. Meridian Rd. Carol A. McKee, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner r~:l. ~ ~ ~ ~d }~45 ~ ,. ;_ ^/;. ~~ ~,~ ,~~ r- ~ ! ~ i l On September 3, 2008, the Ada County Highway District acted on MFP-08-93 for Paramount Church Subdivision. The conditions and requirements also apply to MCZC-08-0$7. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Section to insure compliance with the conditions identified above andlor 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 ACRD and will be due prior to the issuance of a building permit. Contact ACHD Planning 8~ 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, L i~ Chelsee Kucera Right-of-Way and Development Services CC: Project File City of Meridian Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right- of-way. 3. All utility relocation casts associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 3$7-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans far staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based an the impact fee ordinance that is in effect at that time. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-$00-342-1585) at least two full business days prior to breaking ground within ACRD 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. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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 ACRD Policy Manual. a. 1riling 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 whale 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 ®7he 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. ®7he 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 ACRD 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 far 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 X50' or you are placing X600 sf of concrete or asphalt. Construction (subdivisions) ^ Sediment & Erosion Submittal • At least one week prior to setting up a Pre-Con an Erosion & Sediment Contrvl Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACRD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. ~~~~~ "'~ C D ~~~xo Right-of--Way & Development Department Planning Review Division Project/File: Lead Agency: Site address: Staff Approval: Applicant: Representative: Staff Contact: Tech Review; Application Inf Acreage: Current Zoning: Buildable Lots: Common Lots: Paramount Church Subdivision This is a final plat application fora 1-lot subdivision on 4.96 acres. City of Meridian 4895 N. Meridian Rd. September 3, 2008 Paramount Development, Inc. 12601 W. Explorer Dr., Ste 200 Boise, ID 83713 Engineering Northwest, LLC 423 N. Ancestor Place, Ste 180 Boise, I D 83704 Kristy Scovill Phone: 387-6171 E-mail: kscovill achd.ada.id.us August 29, 2008 ormation: 4.96 R-$ 1 2 A. Findings of Fact Existing Conditions 1. Site Information: The site is currently vacant. 2 Description of Adjacent Surrounding Area: Direction Land Use Zonin North Rural-Urban Transition Zone RUT South Medium Densit Residential R-8 East Medium Densit Residential R-8 West Medium Density Residential R-8 1 Paramount Church Subdivision 3. Existing Roadway Improvements Adjacent To and Near the Site • Meridian Road is currently improved with 2 travel lanes and no curb, gutter or sidewalk abutting the site. There is detached concrete sidewalk across from the site. There is 60- feet of right-of-way (25-feet from centerline) for Meridian Road. • Producer Drive is currently improved with 2 travel lanes curb, gutter and detached sidewalk abutting the site within $0-feet of right of way (40-feet from centerline). • McMillan Raad is currently improved with 2 travel lanes and no curb, gutter or sidewalk within 50-feet of right-af-way (25-feet from centerline). 4. Existing Access: There is one defined access paint to this property intersecting Producer Drive. 5. Site History: ACHD previously reviewed this site for a preliminary plat, conditional use, and annexation and rezone application (Paramount Subdivision/ MCUP03- 008/MAZ03-006) for an 847-lot mixed use development on 392-acres. This application was approved by commission on March 19, 2003. Development Impacts 6. Trip Generation: This development is estimated to generate 141 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation Manual. 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8 9 Traffic Impact Study: A traffic impact study was not required with this application. Existing Conditions of Area Roadways: Roadway Frontage Functional Traffic Count Level of Speed Classification Service* Limit 415' Local N/A N/A 20 MPH Producer Drive 480' Minor Arterial 8,678 north of Ustick Better than 50 MPH Meridian Road Road on 10/2/2007 "C" 4,606 south of Chinden Road on 11/8/2005 0' Minor Arterial 13,542 north of Ustick Better than 50 MPH McMillan Road Road on 10/4/2005 "D" 12,437 south of Ustick Road on 10/4/2005 *Acceptable level of service fora 2-lane minor arterial roadway is "D" (14,000 VTD). 10 2 Capital Improvements Plan/Five Year Work Program There are currently no improvements scheduled in the Five Year Work Plan in the vicinity of the site. The following improvements are currently listed in the Capital Improvements Plan (CIP): • McMillan Road from Linder Road to Meridian Road is listed in the CIP to be widened to 3-lanes between 2019 and 202$. Paramount Church Subdivision • Meridian Road between McMillan Road and Chinden Road is listed in the CIP fvr right-of-way and corridor preservation to accommodate future widening to three lanes. • The intersection of Meridian Road and McMillan Road is listed in the CIP to be signalized between 2014 and 2018. B. Findings for Consideration Meridian Road Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-af-way allows far the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Applicant Proposal: The applicant is not proposing any improvements to Meridian Road. Staff Comment/Recommendation: There is currently sufficient right-of-way existing for Meridian Road abutting the site, therefore the applicant shall not be required to dedicate any additional. The applicant will be required to construct 5-foot detached sidewalk a minimum of 28-feet from the centerline of the roadway. Additionally, the applicant will be required to construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as identified by the traffic impact study submitted with the original Paramount Subdivision approval. The applicant will be required to coordinate the design and location of the center turn lane with District Traffic services staff. 2. Producer Drive Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. 36-foot Street Section Policy: District policy 7204.4.2 states that "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back- of-curb to back-of-curb. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. Applicant Proposal: The applicant is not proposing any improvements to Producer Drive. Staff Comment/Recommendation: Producer Drive is currently fully with vertical curb, gutter, and sidewalk abutting the site. Therefore, the applicant will not be required to make any impravements to Producer Drive with this application. 3. Driveways Driveway Policy: 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. Access Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in na case closer than 3 Paramount Church Subdivision D. Standard Conditions of A royal Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. $. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD 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. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in farce 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. 5 Paramount Church Subdivision E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD 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 3. Utility Coordination 4. Request for Reconsideration Guidelines OR Appeal Guidelines 5. Development Process Checklist 6 Paramount Church Subdivision uNDEVe~ov~o m '~' O 9 ~ 9 9 € j . O Q :d C t b ~C v~ ~ C z ~ v ~ ~ n y $ ~ ~ o = V ~ v ~ a ~ ~ ,~o g ~ 0 ~ ~ N ~ ~ O Y~ ~~ ~ _ __ _ =1 ~ ~ ~ ; t ~ ~ ~ ~g ~ N. MERIDIAN RD. 1 ~~ttFT [Pt~Itt i'~ri~p~~•~Art! ~i•P~tit ~~ ~'Ff. 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(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. tJID 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 far this approval. ^ Working in the ACHD Right-of-Way • Four business days prior to starting work have a banded 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 X50' or you are placing X600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment ~ Erosion Submittal • At least one week prior to setting up a Pre-Con an Erasion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 9 Paramount Church Subdivision Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACRD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 11 Paramount Church Subdivision