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ACHD Commentst ( . ~~ March 29, 2006 TO: Larry Sundell 4410 Rim Street Boise, ID 83706 f~ ~ ~~~~~ CHD (ionvrwv~`ec~~o ~ccPi G~ John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner ~~~ SUBJECT: MCZC-06-017, MCZC-06-018, MCZC-06-019, MCZC-06-020 and MCZC-06-021. Office Buildings 1921, 1943, 1867, 1831 and 1887 East Overland Road On Tuesday October 21, 2003 the Ada County Highway District Commissioners acted on MPP03-030 / CUP03-045 for Sagecrest Subdivision (formerly, Maverick Subdivision). The conditions and requirements also apply to MCZC-06-017, MCZC-06-018, MCZC-06-019, MCZC-06-020 and MCZC- 06-021. • 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 es. If you have any questions or c~cerns please feel free to contact this office at (208) 387-6174. Ryan McDaniel Planner I Right-of--Way and Development Services, Planning Division CC: Project File City of Meridian Edge, LLC 1977 East Overland Road Meridian, ID 83642 Aaa county rngnway Distract • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us Ada County Highway District Right-of--Way & Development Department Planning Review Division This application does not require Commission action and is approved at the staff level on Tuesday October 21, 2003. Tech Review for this item was held with the applicant on Friday October 17, 2003. Please refer to the attachment for appeal guidelines. Sfaff contact: Andrea N. Tuning a(~.achd.ada.id.us File Numbers: Maverick Subdivision/MPP03-030/MCUP03-045 Site address: South of Overland Road and west of Millenium Way Applicant/Representative: Briggs Engineering, Inc. Kent Brown 1800 West Overland Road Boise, Idaho 83705 Owner: Dirk Marcum and Michael Riggs 14364 East Highway 21 Boise, Idaho 83716 Application Information: The applicant has submitted an application requesting conditional use and preliminary plat approval to construct a 76-lot mixed use subdivision that is proposed to consist of 48-multi family lots (apartments), 21 ofi'ice lots and 7 common lots. The 14.58-acre site is located on the south side of Overland Road just west of Millenium Way. Acreage: 14.58-acres Current Zoning: LO Proposed Zoning: LO Buildable Lots: 69-lots 48-multi-family lots (apartments) 21-office lots Common Lots: 7-lots Vicinity Map J ' ~ t• ~~ A. Findings of Fact 1. Trip Generation: This development is estimated to generate 1,766 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: The site is currently vacant. 5. Description of Adjacent Surrounding Area: a. North: Commercial/Office b. South: Mountain View High School c. East: Future Dental Office d. West: Church 6. Impacted Roadways Overland Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Millenium Wav: 511-feet Minor Arterial East of Overland Road was 12,115 on 6-01-02 Better than C 35 MPH Frontage: 600-feet Functional Street Classification: Local/Commercial Traffic count: Not available Speed limit: 25 MPH 7. Roadway Improvements Adjacent To and Near the Site Overland Road is currently improved with 5-travel lanes with curb, gutter and sidewalk abutting the site. Millenium Way is currently improved with a 46-foot street section with curb, gutter and sidewalk. 8. Existing Right-of-Way Overland Road currently has 96-feet of right-of-way (48-feet from centerline). Millenium Way currently has 64-feet of right-of-way (32-feet from centerline). 9. Existing Access to the Site The site currently has a driveway that intersects Overland Road approximately 125-feet east of the west property line. 10. Site History The District approved a final plat for Resolution Subdivision on September 19, 2001. This parcel was a part of Resolution Subdivision. 2 • l • 11. Capital Improvements Plan/Five Year Work Program Overland Road was reconstructed in 2003 and is now a 5-lane roadway with curb, gutter and sidewalk. There are no upcoming projects that are within this area that are scheduled within the District's Five Year Work Program or Capital Improvements Plan. B. Findings for Consideration 1. Right-of-Way 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 concrete detached sidewalks and bike lanes. Overland Road was reconstructed in 2003 and is now a 5-lane roadway with curb, gutter and sidewalk. Due to the fact that Overland Road is already improved to 5-lanes with curb, gutter and sidewalk, the applicant will not be required to dedicated additional right-of-way for Overland Road. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all arterial roadways. Overland Road was reconstructed in 2003 and is now a 5-lane roadway with curb, gutter and sidewalk. Due to the fact that Overland Road is already improved, the applicant will not be required to make additional improvements to Overland Road. 3. Street Sections District policy 7202.8 and 72-F1 B, requires roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of--way. District policy would require the applicant to construct Millenium Way as one half of a 40-foot street section with curb, gutter and sidewalk within 54-feet of right-of-way. Due to the fact that Millenium Way was constructed as a 46-foot street section with curb, gutter and 5-foot concrete sidewalk within 64-feet of right-of-way as a part of Resolution Subdivision, the applicant will not be required to make additional improvements to Millenium Way. 4. Driveways District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. 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. The applicant is proposing to utilize a 36-foot wide driveway that intersects Overland Road approximately 125-feet west of the east property line. This driveway aligns with a driveway that is located on the north side of Overland Road. This driveway meets District policy and should be approved with this application. Pave the driveway its full width and at least 30-feet into the site 3 ~w ~• beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant is proposing to close one existing driveway, utilize one existing driveway, and construct two new driveways on Millenium Way. The applicant is proposing to close an existing 22-foot wide driveway that intersects Millenium Way approximately 335-feet north of the south property line. The applicant should close the existing driveway on Millenium Way with standard curb, gutter and sidewalk. The applicant is proposing to utilize an existing 30-foot wide driveway that intersects Millenium Way approximately 185-feet north of the south property line. This driveway meets District policy and should be approved with this application. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. The applicant is proposing to construct a 35-foot wide driveway that intersects Millenium Way approximately 15-feet north of the south property line. This driveway meets District policy and should be approved with this application. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. The applicant is proposing to construct a 24-foot wide driveway that intersects Millenium Way and aligns with Gala Drive. This driveway meets District policy and should be approved with this application. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. 5. Other Access Overland Road is a classified roadway. Other than the access point that has been approved with this application, direct lot access to Overland Road is prohibited. Notes of this access restriction shall be placed on the final plat. C. Site Specific Conditions of Approval Q n existing 22-foot wide driveway that intersects Millenium Way approximately 335-feet north of the south property line, as proposed. 2. •~e-an existing 30-foot wide iveway that intersects Millenium Way approximately 185-feet north O i full width and at least 30-feet into the of the south property line, as proposed. Pave the driveway is site beyond the edge of pavement of the Millenium Way. 3. Construct a 35-foot wide driveway that intersects Millenium Way approximately 15-feet north of the south property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Millenium Way. Q 4. - y `~a 24-foot widf~driveway that•irrtersects Millenium Way and aligns with Gala Drive. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the Millenium Way. ~~ W~~ .Utilize the existing~6-foot wide driveway that intersects Overland Road approximately 125-feet easi. of tt-e~uest property line. Pave the driveway its full width and at least 30-feet into the site beyond the ~~ 4 ~~ ~r edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing Overland Road. 6. Other than the access point that has been approved with this application, direct lot access to Overland Road is prohibited. Notes of this access restriction shall be placed on the final plat. 7. Comply with all Standard Conditions of Approval. D. ~ Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises 5 ~• ~! 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 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 and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 6 c_ ~ ~ ~- 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. r 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. 7 t~ r it I / \ ~ i