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Agency Comments6111-1111 aaCto 5.1. Clel Right -of -Way & Development Services Department Project/File: MCUP-10-014, MDES-10-050 & MMDA-10-011 This is a conditional use application for a multi -use development consisting of 369 units on 24.61 -acres. This site is located % mile west of Ten Mile Road, north of W. Franklin Rd in Meridian, Idaho. Lead Agency: City of Meridian Site address: W. Perugia St. Staff Approval: January 5, 2011 Applicant: Silver Oaks Apartments, LLC R-15 1409 N. Main Street Neighborhood Business District Ten Mile Christian Church Meridian, Idaho 83642 Representative: Engineering Solutions, LLP I RUT Becky McKay 1029 N. Rosario St., Suite 100 Meridian, Idaho 83642 Staff Contact: Kristy Heller Phone: 387-6171 E-mail: kheller(c)-achdidaho.org Tech Review: December 30, 2010 A. Findings of Fact 1. Description of Application: This is a conditional use application for a multi -use development consisting of 369 units on 24.61 -acres. 2. Descri tion of Adjacent Surrounding Area: Direction Land Use Zonin North Medium -Density Residential District R-8 South Medium -High Density Residential District R-15 East Neighborhood Business District Ten Mile Christian Church C -N West Rural -Urban Transition Zone I RUT 3. Site History: ACHD staff/Commission previously reviewed this site as Umbria/Silver Oaks Apartments (MCUP-05-024, MAZ-05-016, MPP -05-023, MCZC-06-046) in November 2005. A road trust for $10,700 was received in June 2006 for the street extension and bridge culvert to the west boundary for the crossing of the Kennedy Lateral. The requirements of this staff report are consistent with those of the prior action. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • Baraya Subdivision, (334 -single family detached lots, 260 -multifamily units, and one elementary school), located immediately south of the site on the south side of Franklin Road in March 2007. MCUP-10-014, MDES-10-050 & MMDA-10-011 5. 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. 6. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP): • Franklin Road is scheduled in the Five Year Work Plan and CIP to be widened to 5 -lanes from Black Cat Road to Ten Mile Road between 2019 to 2027. • The intersection of Black Cat Road and Franklin Road is scheduled in the Five Year Work Plan and CIP to be widened to 4 -lanes on the north leg, 3 -lanes on the south, and 5 -lanes on the east and west legs, and reconstructed/signalized between 2014 to 2018. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 2,454 additional vehicle trips per day (none existing); 229 additional vehicle trips per hour in the PM peak hour (none existing), based on the Institute of Transportation Engineers Trip Generation Manual, 8th edition. A Traffic Impact Study was submitted with the original application for Umbria Subdivision/Silver Oaks Apartments in 2005. A new study was not required with this application due to the fact that there are no significant changes to the site, there has been limited development adjacent to the site, and the internal streets are partially completed and pending completion/approval. Below is a summary of the original submitted Traffic Impact Study: Traffic Impact Study Summary (2005): • The proposed subdivision is a 30 -acre mixed-use development with 350 multi -family units on 27 -acres and an office complex on 3 -acres and is anticipated to generate 2,490 vehicle trips per day. The project is expected to be fully developed by 2010. • Franklin Road is classified as a minor arterial and consists of 2 -traffic lanes and 4 -foot gravel shoulders. The posted speed limit is 50 -MPH. • Ten Mile Road is classified as a minor arterial and consists of 2 -traffic lanes and 4 -foot gravel shoulders. The posted speed limit is 35 -MPH. • The Ten Mile Road/Franklin Road intersection is an all -way stop controlled intersection with single -lane approaches in all quadrants. • Ten Mile Road is included in the District's Five Year Work Program to be widened from 2 - lanes to 5 -lanes between Franklin Road and Pine Avenue. The project includes the signalization of the Franklin Road/Ten Mile Road intersection to 5 -lanes on all legs. Construction is planned for fiscal year 2007. 2 MCUP-10-014, MDES-10-050 & MMDA-10-011 Vehicles utilizing the public roadway located at the east property line will experience moderate delay. A separate left-hand turn lane should be constructed to alleviate some of the time delay. Both a left-hand turn lane and a right-hand turn lane will be needed at the proposed site access to Franklin Road to accommodate the projected turning traffic. The recommended deceleration lane improvements include a 12 -foot wide by 100 -foot long deceleration lane with a 600 -foot taper. The gravel shoulder width could be reduced to 4 -feet in this segment. Staff Comments to Traffic Study (2005): • Franklin Road (from Ten Mile Road to Black Cat Road) is included in the District's Five Year Work Program to be reconstructed to a 5 -lane roadway with vertical curb, gutter and sidewalk within a total of 96 -feet of right-of-way. This project is in preliminary development and is not anticipated to be reconstructed prior to 2010. Although this project is scheduled in the District's FYWP, it is not included in the District's Capital Improvements Plan. • The site does meet the warrants for the construction of a center turn lane and a right turn lane at the intersection of Franklin Road and the proposed public road. • The public road that intersects Franklin Road is anticipated to carry traffic from this development as well as a future church. Due to the surrounding uses, the applicant will be constructing a commercial street. A commercial street allows for the construction of 3 - traffic lanes with vertical curb, gutter and sidewalk. This street section will accommodate for the left -turn lane that has been recommended by the traffic impact study. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) *Acceptable level of service for a two-lane principal arterial is "E" (690 VPH). * Acceptable level of service for a two-lane minor arterial is "D" (550 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. There are no traffic counts available for Perugia Street or Umbria Hills Avenue. The average daily traffic count for Franklin Road west of Black Cat Road was 9,512 on 5/28/2009. The average daily traffic count for Ten Mile Road north of Franklin Road was 10,951 on 3/18/2009. C. Findings for Consideration 1. Meridian's Ten Mile Interchange Specific Area Plan The City of Meridian's Ten Mile Interchange Specific Area Plan, adopted June 2007, evaluated future land use, and transportation needs and established design guidelines for new development in the Ten Mile Interchange area, an area that includes the Franklin Road ,Ten Mile Road to Linder Road project. 3 MCUP-10-014, MDES-10-050 & MMDA-10-011 Functional PM Peak PM Peak Hour Existing Plus Roadway Frontage Classification Hour Level of Project Traffic Count Service Perugia Street 430 -feet Local Commercial N/A N/A N/A Umbria Hills Avenue 70 -feet Local Commercial N/A N/A N/A Franklin Road 0 -feet Principal Arterial 499 Better than "D" Exceeds "E" Ten Mile Road 0 -feet Minor Arterial 708 Exceeds "E" Exceeds "E" *Acceptable level of service for a two-lane principal arterial is "E" (690 VPH). * Acceptable level of service for a two-lane minor arterial is "D" (550 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. There are no traffic counts available for Perugia Street or Umbria Hills Avenue. The average daily traffic count for Franklin Road west of Black Cat Road was 9,512 on 5/28/2009. The average daily traffic count for Ten Mile Road north of Franklin Road was 10,951 on 3/18/2009. C. Findings for Consideration 1. Meridian's Ten Mile Interchange Specific Area Plan The City of Meridian's Ten Mile Interchange Specific Area Plan, adopted June 2007, evaluated future land use, and transportation needs and established design guidelines for new development in the Ten Mile Interchange area, an area that includes the Franklin Road ,Ten Mile Road to Linder Road project. 3 MCUP-10-014, MDES-10-050 & MMDA-10-011 2. Franklin Road a. Existing Conditions: Franklin Road is improved with 2 -travel lanes, and no curb, gutter or sidewalk near the site. There is 78 -feet of right-of-way for Franklin Road (30 -feet from centerline). b. Policy Arterial Roadway Policy: District Policy 7203.4.3 states that if a proposed development abuts an arterial street, the developer shall provide sidewalk along the paved frontage and dedicate right-of-way required by the proposed land use and scale of the project. Right -of -Way and Street Section Policy: District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot wide concrete detached sidewalks and bike lanes. Right -of -Way Policy: District policy requires 70 -feet of right-of-way on arterial roadways (Figure 72-F113). This right-of-way allows for the construction of a 3 -lane roadway with curb, gutter, 5 -foot wide concrete detached sidewalks and bike lanes. Sidewalk Policy: District policy requires 7 -foot wide attached (or 5 -foot wide detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). c. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Franklin Road is designated in the MSM as a Planned Commercial Arterial with 5 -lanes and on -street bike lanes, an 82 -foot street section within 96 -feet of right-of-way. d. Applicant Proposal: The applicant is not proposing any improvements to Franklin Road with this application. e. Staff Comments/Recommendations: When this site was reviewed as part of Umbria/Silver Oaks Apartment in 2005, the submitted traffic impact study recommended the construction of a center turn lane at the intersection of Umbria Hills Avenue and Franklin Road and a westbound right turn lane at the intersection of Umbria Hills Avenue and Franklin Road into the site. At the time of this application, those improvements have not been constructed. Consistent with ACHD's prior action on the site, and the findings of the submitted traffic impact study, the applicant should be required to construct a center turn on Franklin Road (at the intersection of Umbria Hills Avenue and Franklin Road) that provides a minimum of 100 -feet of storage with tapers for both the approach and departure directions abutting the site as identified in the original staff report. The applicant should also be required to construct a westbound right turn lane at the intersection of Umbria Hills Avenue and Franklin Road. The applicant should coordinate the design of the center turn lane and the westbound right turn lane with District Traffic Services and Development Review staff. 3. Perugia Street a. Existing Conditions: Perugia Street is improved with no pavement, vertical curb, gutter, and 5 -foot wide attached concrete sidewalk abutting the site. There is 54 -feet of right-of-way for Perugia Street (27 -feet from centerline). This street has not been completed or accepted for maintenance at the time of this application. b. Policy: 40 -foot Street Section Policy: District policy 72-F1A requires that industrial/commercial roadways be constructed as 40 -foot street sections with curb, gutter and 5 -foot wide concrete within 54 -feet of right-of-way. 4 MCUP-10-014, MDES-10-050 & MMDA-10-011 Half Street Section: District policy 7203.4.2 states "if a proposed development abuts an unpaved street or streets the developer shall construct one-half of the full street improvements, including curb, gutter and concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24 -feet wide paved surface. A 3 -foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. This street section shall be constructed within a minimum 40 -foot right-of-way." Turnaround Policy: District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of 45 -feet. Landscape and parking islands may be constructed in turnarounds if a minimum inside curb radius of 28 -feet, and a minimum outside radius of 45 - feet are provided. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. c. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. A new collector roadway was identified on the MSM with the street typology of Towncenter Collector. The Towncenter Collector typology as depicted in the Livable Street Design Guide recommends a 3 -lane roadway with bike lanes, and on street parking, a 60 -foot street section within 88 -feet of right-of-way. d. Applicant's Proposal: The applicant is not proposing any improvements to Perugia Street abutting the site. Staff Comments/Recommendations: The applicant should be required to complete the construction of Perugia Street as one half of a 40 -foot street section with curb, gutter and 5 - foot wide attached concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24 -feet wide paved surface. A 3 - foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the south side of the roadway. The new collector roadway identified on the ACHD Master Street Map and the City of Meridian's Ten Mile Specific Area Plan was originally intended to align with Umbria Hills Avenue, extend north through the site, turning west near the sites north property line, stubbing to the west (see below). 5 MCUP-10-014, MDES-10-050 & MMDA-10-011 However, the approval of the Umbria/Silver Oaks Apartments in 2005, and the subsequent construction of both public and private roads prohibit the ability to extend the roadways north and west as noted in the Master Street Map (see above). Therefore, staff recommends that the existing roadway configuration replace the collector roadways planned in Meridian's Ten Mile Specific Area Plan and the Master Street Map. This would allow for the future extension to the west providing connectivity and an alternate route to Black Cat Road as identified in the Master Street Map. 4. Umbria Hills Avenue a. Existing Conditions: Umbria Hills Avenue is improved with 2 -travel lanes (18 -feet of pavement), vertical curb, gutter, and 5 -foot wide attached concrete sidewalk abutting the site. There is 54 -feet of right-of-way for Umbria Hills Avenue (27 -feet from centerline). The street has not been completed or accepted for maintenance at the time of this application. b. Policy: 40 -foot Street Section Policy: District policy 72-F1A requires that industrial/commercial roadways be constructed as 40 -foot street sections with curb, gutter and 5 -foot wide concrete within 54 -feet of right-of-way. Half Street Section: District policy 7203.4.2 states "if a proposed development abuts an unpaved street or streets the developer shall construct one-half of the full street improvements, including curb, gutter and concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24 -feet wide paved surface. A 3 -foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. This street section shall be constructed within a minimum 40 -foot right-of-way." Turnaround Policy: District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of 45 -feet. Landscape and parking islands may be constructed in turnarounds if a minimum inside curb radius of 28 -feet, and a minimum outside radius of 45 - feet are provided. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. c. New Collector ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. A new collector roadway was identified on the MSM with the street typology of Towncenter Collector. The Towncenter Collector typology as depicted in the Livable Street Design Guide recommends a 3 -lane roadway with bike lanes, and on street parking, a 60 -foot street section within 88 -feet of right- of-way. d. Applicant's Proposal: The applicant is not proposing any improvements to Umbria Hills Avenue abutting the site with this application. Staff Comments/Recommendations: The applicant should be required to complete the construction of Umbria Hills Avenue as one half of a 40 -foot street section with curb, gutter and 5 -foot wide attached concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24 -feet wide paved surface. A 3 - foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the south side of the roadway. The new collector roadway identified on the ACHD Master Street Map and the City of Meridian's Ten Mile Specific Area Plan was originally intended to align with Umbria Hills Avenue, extend north through the site, turning west near the sites north property line, stubbing to the west (see below). 6 MCUP-10-014, MDES-10-050 & MMDA-10-011 However, the approval of the Umbria/Silver Oaks Apartments in 2005, and the subsequent construction of both public and private roads prohibit the ability to extend the roadways north and west as noted in the Master Street Map (see above). Therefore, staff recommends that the existing roadway configuration replace the collector roadways planned in Meridian's Ten Mile Specific Area Plan and the Master Street Map. This would allow for the future extension to the west providing connectivity and an alternate route to Black Cat Road as identified in the Master Street Map. 5. Stub Streets a. Existing Conditions: There is an existing 54 -foot wide right-of-way stub to the west property line located at the terminus of Perugia Street. b. Policy: Stub Street Policy: District policy 7203.5.1 states that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non -continuous streets." District policy 7205.5 states that stub streets will be required to provide intra -neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150 -feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." District policy 7203.5.2 states that an existing street or a street in an approved preliminary plat, which ends at a boundary of a proposed development, shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. Temporary Turnaround Policy: District policy 7205.2 requires construction of a temporary cul-de-sac with the same dimensional requirements as a standard cul-de-sac, with a minimum turning radius of 45 -feet where curb is required and 42 -feet where curb is not required. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU 7 MCUP-10-014, MDES-10-050 & MMDA 10-011 design vehicle without backing. If a temporary turnaround is proposed to be located within a future building lot, the temporary turnaround easement shall be for the entire building lot to prevent the easement from being constructed over. c. Applicant Proposal: The applicant is not proposing any changes to the existing right-of-way stubbing to the west property line abutting the site. d. Staff Comments/Recommendations: The applicant's proposal meets District policy and should be approved, as proposed. 6. Driveways 6.1 Perugia Street a. Existing Conditions: There is an existing 25 -foot wide driveway onto Perugia Street located on the north side of the turnaround (at the terminus of Perugia Street) abutting the site. b. Policy: Driveway Location Policy: District policy 72-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). Commercial Driveway 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. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, 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. c. Applicant's Proposal: The applicant is proposing to utilize the existing 25 -foot wide driveway onto Perugia Street abutting the site. d. Staff Comments/Recommendations: The applicant's proposal meets District policy and should be approved, as proposed. The applicant should be required to pave the driveway it's full width at least 30 -feet into the site beyond the edge of pavement of the roadway. 6.2 Umbria Hills Avenue a. Existing Conditions: There is an existing 27 -foot wide driveway onto Umbria Hills Avenue located on the north side of the turnaround (at the terminus of Umbria Hills Avenue) abutting the site. b. Policy: Driveway Location Policy: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near edge to near edge). District policy 72-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). Residential Driveway Policy: District Policy 7207.9.3 restricts residential driveways to a maximum width of 20 -feet. Industrial Driveway Policy: District policy 7207.9.3 restricts industrial driveways to a maximum width of 40 -feet. Most industrial driveways will be constructed as curb -cut type 8 MCUP-10-014, MDES-10-050 & MMDA 10-011 facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. Commercial Driveway 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. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, 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. c. Applicant's Proposal: The applicant is proposing to utilize the existing 27 -foot wide driveway onto Umbria Hills Avenue abutting the site. d. Staff Comments/Recommendations: The applicant's proposal meets District policy and should be approved, as proposed. The applicant should be required to pave the driveway it's full width at least 30 -feet into the site beyond the edge of pavement of the roadway 7. 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 11 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. 8. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10 -feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40 -foot vision triangle and a 3 -foot height restriction on all landscaping located at an uncontrolled intersection and a 50 -foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. D. Site Specific Conditions of Approval 1. Construct a center turn on Franklin Road (at the intersection of Umbria Hills Avenue and Franklin Road) that provides a minimum of 100 -feet of storage with tapers for both the approach and departure directions abutting the site. Coordinate the design of the center turn lane with District Traffic Services and Development Review staff. 2. Construct a westbound right turn lane at the intersection of Umbria Hills Avenue and Franklin Road. Coordinate the design of the right -turn lane with District Traffic Services and Development Review staff. 3. Construct Perugia Street as one half of a 40 -foot street section with curb, gutter and 5 -foot attached concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24 -feet wide paved surface. A 3 -foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the south side of the roadway. 4. Construct Umbria Hills Avenue as one half of a 40 -foot street section with curb, gutter and 5 -foot attached concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24 -feet wide paved surface. A 3 -foot wide gravel shoulder and 9 MCUP-10-014, MDES-10-050 & MMDA 10-011 a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the west side of the roadway. 5. Utilize the existing 25 -foot wide driveway onto Perugia Street located on the north side of the turnaround (at the terminus of Perugia Street) abutting the site. Pave the driveway it's full width at least 30 -feet into the site beyond the edge of pavement of the roadway. 6. Utilize the existing 27 -foot wide driveway onto Umbria Hills Avenue located on the north side of the turnaround (at the terminus of Umbria Hills Avenue) abutting the site. Pave the driveway it's full width at least 30 -feet into the site beyond the edge of pavement of the roadway. 7. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 2. Private sewer or water systems are prohibited from being located within the ACHD right-of- way. 3. In accordance with District policy, 7203.6, 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 10 MCUP-10-014, MDES-10-050 & MMDA-10-011 require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 11 MCUP-10-014, MDES-10-050 & MMDA-10-011 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. 12 MCUP-10-014, MDES-10-050 & MMDA-10-011 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 application 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. ❑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. 13 MCUP-10-014, MDES-10-050 & MMDA 10-011 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. 14 MCUP-10-014, MDES-10-050 & MMDA 10-011 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 ACHD 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. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 15 MCUP-10-014, MDES-10-050 & MMDA-10-011 Page 1 of 1 Machelle Hill From: Larry Strough [Larry.Strough@itd.idaho.gov] Sent: Tuesday, December 14, 2010 10:41 AM To: Machelle Hill Cc: Pam Golden Subject: CUP 10-014 Attachments: img-Z14103248-0001.pdf ITD has no comment on the enclosed notice. Thank You Larry Strough 334-8924 12/14/2010 C CENTRAL CT CENTRAL DISTRICT HEALTH DEPARTMENT Returnto: HEALTH Environmental Health Division Ll Boise DEPARTMENT Eagle Rezone Rezone # ❑ Garden City Conditional Use # !'✓Lt P — /V — c-) I L(-EpMridian ❑ Kuna Preliminary / Final / Short Plat ❑ACZ �, /vim- Ods �pr�»-,�,.,�rt ❑Star ❑1. We have No Objections to this Proposal. ❑2. We recommend Denial of this Proposal. ❑3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ bedrock from original grade ❑ other ❑6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval from appropriate entities are submitted, we can approve this proposal for: A�entral sewage community sewage system LJ community water well LJ interim sewage Azntral water ❑ individual sewage ❑ individual water The folZntral lan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: sewage ❑ community sewage system ❑ community water ❑ sewage dry lines )id-mtral water AO. Run-off is not to create a mosquito breeding problem. ❑11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑14. Please see attached stormwater management recommendations ❑ 15. Reviewed By: Date: /z //s/ --4? Review Sheet 15726-001EHO904 0 t 20 December 2010 City of Meridian City Clerk's Office Jaycee Holman 33 E Broadway Avenue Ste 102 Meridian, ID 83642-2619 RE: CUP 10-014/Silver Oaks Apartments Dear Jaycee: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 RECF,TFAX # 208-463-0092 �E� Phones- Area Coda 90A DEC 2 3 2010 C17 r v r\LWJ CITY CLERKS OFFICE OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Suzy Hewlett. at 466-7861 for further information. All laterals and waste ways must be protected. The District's Kennedy Lateral courses through this proposed project. The District's easement for the Kennedy Lateral at this location is a minimum of fifty-five feet (55'), twenty feet (20') left and thirty-five feet (35') right of the centerline (facing downstream). However please contact the District directly to verify the width of easement necessary to operate, maintain and repair the Kennedy Lateral. Please send revised plans showing exactly what proposed encroachments, if any, will be within the District's easement and exactly how far. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 4 City of Meridian Jaycee Holman, City Clerk CUP 10-014/Silver Oaks Apartments 20 December 2010 Page 2 of 2 This easement must be protected. Any encroachment without a signed License Agreement and approved plan before any construction is started is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Greg urtis Asst. Water Superintendent Nampa & Meridian Irrigation District GC/dbg C: File - Office/Shop Page 2 of 2 20 December 2010 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 Becky McKay SHOP: Nampa 466-0663 Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 RE: Land Use Change Application — Silver Oaks Apartments Please note the District now requires three (3) sets of plans Dear Ms. McKay: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, qi4 Suzette G. Hewlett, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT SGH/smc cc: File Water Superintendent Jaycee Holman, Meridian City Ten Mile Development, LLC, 1409 N. Silver Oaks Apartments, LLC, 1409 N enc. Main Street, Meridian, ID 83642 Main Street, Meridian, ID 8364e C QPY APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000