Loading...
ACHDSara M. Baker, President Rebecca W. Arnold, Vice President Jim D. Hansen, Commissioner Kent Goldthorpe, Commissioner Paul Woods, Commissioner _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org November 16, 2018 To: Mike Wardle SCS Brighton, LLC 12601 W. Explorer # 200 Boise, ID 83713 Subject: MER18-0123/ H-2018-0122 AZ East of Ten Mile Road north of I-84 Annexation and rezone for parking lot expansion In response to your request for comment, the Ada County Highway District has reviewed the submitted application and site plan for the item referenced above. It has been determined that ACHD has site specific conditions of approval for this application. A. Findings of Fact 1. Unopened Right-of-Way – Verbena Drive a. Existing Conditions: There is 25-feet of unopened right-of-way for Vebena Drive abutting the site’s north property line. b. Applicant’s Proposal: The applicant has proposed to construct a gravel emergency access drive aisle within the unopened right-of-way for Verbena Drive. The applicant has proposed to install gates within the right-of-way on the east and west end of the emergency access drive aisle. c. Staff Comments/Recommendations: The applicant’s proposal to construct an emergency access drive aisle within the existing unopened right-of-way for Verbena Drive is consistent with ACHD’s 2013 approval of Ten Mile Crossing Subdivision, which required the construction of an emergency access though the unopened right-of-way for Verbena Drive if secondary emergency access could not be obtained or the proposed stub streets are not extended prior to the second phase or any phase of the Ten Mile Crossing development exceeding 10, 526 vehicle trips per day. However, the applicant’s proposal to install gates on the east and west ends of the right-of-way is not approved, as proposed. Idaho Code 40-2319 prohibits obstructions such as gates, fences, etc. from being located with right-of-way. If the Meridian Fire Department requires the emergency access to be gated, then the gate should be located outside of the right-of-way. The emergency access drive aisle should be constructed meeting the requirements of the Meridian Fire Department and the applicant should be required to enter into a license agreement with ACHD for use of the unopened right-of-way. _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org B. Site Specific Conditions of Approval 1. Enter into a license agreement with ACHD for use of the unopened right-of-way for Verbena Drive, as an emergency access drive aisle. 2. Construct an emergency access only drive aisle within unopened right-of-way for Verbena Drive meeting the City of Meridian Fire Department standards. 3. If a gate is required, install the emergency access only gate outside of the right-of-way for Verbena Drive. Gates are prohibited within the right-of-way. 4. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 5. A Traffic Impact Fee may be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 6. Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7. Comply with the Standard Conditions of Approval as noted below. C. Traffic Information Trip Generation This development is not estimated to generate any additional traffic, as a parking lot is an axuilary use for the TM Crossing development. D. Attachments 1. Vicinity Map 2. Site Plan 3. Standard Conditions of Approval 4. Appeal Guidelines _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org If you have any questions, please feel free to contact me at (208) 387-6178. Sincerely, Mindy Wallace, AICP Planner III Development Services cc: City of Meridian _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org VICINITY MAP Unopend Right-of-Way _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org SITE PLAN _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including 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 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. _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services 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 and Clerk of the District, 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 Development Services 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 Development Services 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.