Walgreen"s Overland ACHD Comments CZC 07-014March 26, 2007
TO: White Leasure -Ken Lenz
416 South 8th Street, Ste. 200
Boise, ID 83702
SUBJECT: MCZC-07-014
Walgreens Overland
s/w/c Meridian & Overland
John S. Franden, President
Rebecca W. Arnold, Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
Carol A. McKee, Commissioner
On May 19, 2006, the Ada County Highway District Commissioners acted on MCUP06-015 for this
Walgreens Site. The conditions and requirements also apply to MCZC-07-014.
• Prior to final approval you will need to submit plans to the ACHD Development Review
Department.
• 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) 387-6174
Ryan McDan' I
Planner I
Right -of -Way and Development Services
CC: Project File
City of Meridian
BRS Architects -Julie Comstock
1010 South Allante Place, Ste. 100
Boise, ID 83709
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
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.
Right -of -Way & Development Services Department
AO C
60'-' ed - o
Project/File: MCUP06-015
Lead Agency: City of Meridian
Site address: 1601 South Meridian Road
Staff Level
Approval: May 24, 2006
Revised: June 2, 2006
Applicant: White Leasure
416S.8 th Street
Ste. 200
Boise, ID 83702
Staff Contact: Andrew Mentzer
Phone: 387-6170
E-mail: amentzer(aD_achd.ada.id.us
Tech Review: May 19, 2006
Application Information:
Acreage: 9.08
Current Zoning: C -G
Commercial Unit: 14,820sf Pharmacy
A. Findings of Fact
Existing Conditions
1. Site Information: The site is currently occupied by a gas station/convenience store.
ON
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1
Description of Adjacent Surrounding Area:
Direction
Land Use
Zoning
North
Commercial
C -G
South
Residential
R-8
East
Vacant Commercial
C -G
West
Junkyard
C -G
Existing Roadway Improvements & Right -of -Way
Existing Access:
4. Site History:
Development Impacts
1. Trip Generation:
2. Impact Fees:
3.
4.
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2
Overland Road is currently improved with 2 travel lanes, a left turn
lane at the intersection with Meridian Road, and no curb, gutter, or
sidewalk abutting the site. Overland Road currently has between 72
and 86 -feet of right-of-way abutting the site.
Meridian Road (SH 69) is currently improved with 4 travel lanes a
center/left turn lane, and no curb, gutter, or sidewalk abutting the site.
Meridian Road is under the jurisdiction of the Idaho Transportation
Department. Meridian Road (SH 69) currently has between 100 and
125 -feet of right-of-way abutting the site.
The site currently has various, non -delineated access points intersecting
Overland and Meridian Roads (SH 69).
This site was previously reviewed with file #MAZ04-031 for rezoning and
annexation.
This development is estimated to generate 1,307 vehicle trips per
day based on the Institute of Traffic Engineers Trip Generation Manual.
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.
Traffic Impact Study:
Impacted Roadways
A traffic impact study was not required with this application.
Roadway
Frontage
Functional
Classification
Traffic Count
Level of
Service*
Speed Limit
Overland
450'
Principal
10,342 east of
"E"
35 MPH
Arterial
Stoddard on
07/07/04
Meridian
715'
Principal
13,382 south of
Better than
55 MPH
(SH 69)
Arterial
Pine on 04/19/05
"C"
42,666 north of
Exceeds "E"
184 on 10/16/2003
*Acceptable level of service for a two lane principal arterial roadway is "D" (14,000 VTD).
*Acceptable level of service for a five lane principal arterial roadway is "D" (33,000 VTD).
Capital Improvements Plan/Five Year Work Program
Overland Road is scheduled in the District's Five Year Work Program to be widened to 5 lanes from
Meridian Road to Linder Road in 2007.
The intersection of Overland Road and Meridian Road (SH 69) is also scheduled in the District's
Five Year Work Program and the Capital Improvements Plan to be widened to 7 lanes on all four
intersection legs in 2007.
B. Findings for Consideration
1. Meridian Road (SH 69)
Right-of-way Policy: District policy requires 96 -feet of right-of-way on 5 lane arterial roadways and
120 -feet on 7 -lane arterial roadways (Figure 72-F1 B). These right-of-way widths allows for the
construction of a 5 to 7 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks and bike
lanes.
Staff Recommendation: State Highway 69 is under the jurisdiction of the Idaho Transportation
Department (ITD). The applicant, the City of Meridian, and ITD should work together to determine if
additional right-of-way or improvements are necessary on SH 69.
2. Overland Road
Right-of-way Policy: District policy requires 96 -feet of right-of-way on 5 lane arterial roadways and
120 -feet on 7 -lane arterial roadways (Figure 72-F1 B). These right-of-way widths allows for the
construction of a 5 to 7 -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 proposing to construct an attached 7 -foot concrete sidewalk
abutting the site on Overland Road, and a 5 -foot detached concrete sidewalk abutting the site on
Meridian Road.
Staff Recommendation: Dedicate 65 -feet of right-of-way (tapering to 63.5 -feet of right-of-way at
the west property line, see intersection design plans) from the centerline of Overland Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed
must be completed and signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission or 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 be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact
fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that
time (currently Ordinance #200), if funds are available. This right-of-way dedication should facilitate
the necessary improvements noted in the Five Year Work Program and Capital Improvements Plan;
however, the applicant should consult with District Staff regarding the construction, design, and
timeframes of the aforementioned projects.
3. Driveways
Offset Policy: District policy 72-F4 (1) requires driveways located on arterial roadways near a
signalized intersection to be located a minimum of 440 -feet from the signalized intersection for a
full -access driveway and a minimum of 220 -feet from the signalized intersection for a right-in/right-
out only driveway.
Width Policy: 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.
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Paving 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 and install pavement tapers with 15 -foot radii abutting the existing
roadway edge.
Applicant Proposal: The applicant has proposed to locate the easterly driveway on Overland
Road approximately 260 -feet west of SH 69, as a right-in/right-out only access with a restrictive
center island ("pork chop"). The westerly driveway intersects Overland road approximately 420 -feet
west of SH 69. It is proposed to be constructed as a full access approach, approximately 36 -feet in
width. Furthermore, the applicant has proposed to relocate the right-in/right-out access point on
Meridian Road (SH 69) to be closer to the intersection of SH 69 and Overland.
Staff Recommendation: The first proposed driveway (right-in/right-out) meets District offset policy,
and should be approved. The second proposed driveway (full access) should be located at the west
property line thereby aligning with the future access for the development to the north. ACHD
reserves the right to restrict this access in the future if safety concerns arise. The island proposed
for the easterly access should be located outside of the public right-of-way, and be approved by the
City of Meridian and Meridian Fire Department. The applicant should comply with the City of
Meridian and ITD's requirements for any access to Meridian Road.
4. Other Access
Overland Road is classified as a minor arterial. Other than the access points specifically approved
with this application, no other access points to Overland Road are approved. A note of the access
restriction should be placed on the final plat.
C. Site Specific Conditions of Approval
2. Dedicate 65 -feet of right-of-way (tapering to 63.5 -feet of right-of-way at the west property line, see
intersection design plans) from the centerline of Overland Road abutting the parcel by means of a
warranty deed. The right-of-way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or
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 be paid the fair market value of the right-of-way dedicated which is an addition to existing
ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance
#200), if funds are available. This right-of-way dedication should facilitate the necessary
improvements noted in the Five Year Work Program and Capital Improvements Plan; however, the
applicant should consult with District Staff regarding the construction, design, and timeframes of the
aforementioned projects.
3. Construct a 5 -foot detached concrete sidewalk abutting the site on Overland Road OR provide the
District with a road trust for the approximate cost of the sidewalk $9,000 ($20 a lineal foot, 450 -
feet). If the applicant chooses to construct the detached concrete sidewalk, they shall coordinate
with District Development Review and Design staff on the location of the sidewalk.
4. Locate the first proposed driveway on Overland Road located approximately 260 -feet west of the
intersection with SH 69. This driveway shall be constructed as a maximum 36 -foot wide curb return
driveway with 15 -foot radii. This driveway is restricted to right-in/right-out movements only. The
applicant should locate the island for this approach outside of the public right-of-way, in compliance
4
with Meridian City and Meridian Fire Dept. requirements. Appropriate signage will be required
indicating the right-in/right-out restriction for this access.
5. Locate the second proposed driveway on Overland Road at the west property line. This access
should be constructed as a maximum 36 -foot wide curb return driveway with 15 -foot radii. This
driveway may be utilized for full access; however it may be restricted in the future.
6. Consult with District Staff regarding construction timelines and right-of-way purchase due to the fact
that the site's development will likely occur during or near the time of improvement for Overland and
Meridian Roads.
7. Comply with requirements of ITD for State Highway 44 frontage and access. Submit to the District
a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of
a building permit (or other required permits), whichever occurs first. Contact District III Traffic
Engineer Dan Coonce at 334-8340.
8. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
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 ACHD 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 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
5
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.
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.
E. 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
3. Appeal Guidelines
4. Development Process 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.
E
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.
10
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TO: Jeff Huber & Clients
RE: MCUP-06-015
John S. Franden, President
Carol A. McKee, 1st Vice President
Dave Bivens, 2nd Vice President
Sherry R. Huber, Commissioner
Rebecca W. Arnold, Commissioner
At the request of Mr. Huber on August 9th 2006, this letter is drafted as a point of reference addressing
any concerns regarding access to Overland Road, or any other roadway where safety concerns are
eminent or possible. When ACHD approves an access of any sort, it is our desire to see that the
location and design of said access meets District policy requirements and fulfills future planning
projections represented by levels of service, planned construction projects, and overall District goals
(generally related to the public good). If an access is approved and safety concerns arise related to the
design or function of that access in the future, it is the District's responsibility to make sure that all
germane issues are satisfactorily addressed and corrected if necessary. If that requires ACHD to
restrict an access, then we will consider all aspects of the issue and act accordingly. Additionally,
ACHD welcomes input from the public in order to assure that all best alternatives are considered. If you
have any questions or concerns pertaining to any information in this letter, District access management,
or otherwise, feel free to contact me.
Sincerely,
Andrew Mentzer
Planner I
Right-of-way & Development Services
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us