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CC - Materials Received from Applicant 2020-01-21Chris Johnson From: Scott Noriyuki <scott@northsidemgt.com> Sent: Tuesday, January 21, 2020 2:50 PM To: Sonya Allen; Bill Parsons; Caleb Hood; Chris Johnson Cc: 'Steve Schmidt'; 'Taylor Schmidt' Subject: Goddard Creek Townhomes - Jan 21 st, 2020 - Response to Staff Report Attachments: 19-039 Goddard Creek Qualified Open Space_200121.pdf; 2019-09-23 ACHD Staff Report.pdf; WASD - Responce Email.pdf; 19-039 Goddard Creek Colored Plan 35x27_ 200121.pdf Importance: High External Sender - Please use caution with links or attachments. Clerk/Sonya - Please ensure this entire document and attachments are both printed as well as placed on top of each Council Members file to ensure they are aware and up to date regarding this project. - I would like this also uploaded on the overhead screen for your presentation Sonya - specifically the Colored Plan (4th attachment), as this addresses everything that both the City and Neighbors had concerns with. Caleb/Bill/Bruce/Sonya - --- also, and most importantly Council ---- Please consider this email as formal response to the Goddard Creek Townhome submittal - City Council - Staff Report, Dated January 21, 2020. enclosures: Updated project layout, Qualified Open Space (although not required), ACHD Staff report and West Ada School District email. We are in agreement with all Recommendations and Conditions (both Specific and General) as set forth in the Staff Report. In addition, please see the following comments and attached documents/updates for clarification. We have farther improved the project that fare and well exceeds all vision, code and expectations. I am aware you have not had this prior to the meeting due to vacations and personal leave. My goal is to summarize those items and provide specifics. I would like to address Page 11 of the Staff Report - VI. Decision, B, #2, #3 and #4: - #2 Key issues of public testimony: - a. - "Saturation of higher density residential in the area" • This particular project not only meets, but exceeds those goals as set forth by the City of Meridian Comp. Plan • This project density is only 8.8 units to the acre - which is a desired blend between all existing/built uses The existing Development Agreement is not only outdated but has also been modified, which has changed the entire dynamics of this area Office/Commercial is no longer viable in this area due to new existing/built/approved uses that have transpired following the original Development Agreement It is widely and generally agreed that proper planning advocates higher densities within close proximity to employment hubs - this project fits this goal - b. - "Opposition" • We have held multiple neighborhood meetings, however few have attended and just a few have expresses concerns • We have addressed concerns and negotiated - we have also significantly addressed issues and improved our designs and products • We have proven compliance with City Code and Comp. Plan • Very few Neighbors have attended Neighborhood of City Meetings • Online signatures are not the same as attendance - also several online comments were equally positive - #3 Key issues of discussion by Commission: - a. - "Continuing Hearing because Parent Teacher conferences" • We agreed and scheduled an additional meeting - No One Showed Up at Willow Creek Elementary • We have conducted 3 Neighborhood meetings (one (a 4th) was canceled due to Meridian Noticing failures) *At these meetings there were no more than 12 Neighbors in attendance • We have noticed legally and verifiably per. the City of Meridian Code - b. - "Crowded Schools" This project per. West Ada School Dist. will add only 35 (at best) children to the following Schools: - Willow Creek Elementary - Sawtooth Middle School - Rocky Mountain High • This project will not be completed until fall of 2021 through 2022 - The School Dist. has appropriated funds for expansion between now and then to accommodate this. **** See Email dated today from WACS that confirms our needs and projections **** - c. - "Current thresholds of the roads and impacts" • ACHD has reviewed and DOES APPROVE this APPLICATION. • A "D" Rating does not convey danger - rather indicates a slight delay in timing to merge into traffic • This parcel of land was contemplated well before those within the recent 8 years - to burden this via more recent "approvals" is not acceptable "Planning" - d. - Agreed and coordinated with Meridian City - also it added additional open space - e. - It is important to distinguish the defiance between "rental" and "townhouses" - Townhouses are owned (the structure and the land) • The current "adopted" Comp. Plan identifies this as Use and Area as not only a Goal but also an Objective and an Action. - f. - This has no bearing as the City has modified this original design/development/DA/Approvals and Comp. Plan multiple time - g. - This has no bearing as the City has modified this original design/development/DA/Approvals and Comp. Plan multiple time **** Further - Our Project "Fits" with Meridians goals **** - h. - Office is not viable - see submitted letters as well as testimony this evening - i. - This project is providing open space in excess of 20% and multiple amenities - That are not required per Code ***Parking issues*** - the Neighbors have raised concerns that parking is an issue via Meridian's approval of the Apartments to the North - although, this should not be our issue, we propose the following, as good neighbors: • All of OUR Homes will have 2 garaged spaces as well as 2 Driveway spaces. - This achieves base Code requirement. • We (within our development are providing 16 additional (including Handicap) parking stalls for visitors. - This exceeds Code requirement. • Our internal roadway (although Private) is built at 32' back of curb to back of curb, which also allows for on -street parking. - This exceeds Code requirement. • We are also willing to further expand the width of the Norther (private) road into the Apartments and Our project - to 32' which would allow for addition parking for the Apartments, alleviating all parking issues. Parking summary - spaces parking = 16 parking spaces Homes = 41 x 4 = 164 parking spaces Visitor Parking = 16 parking spaces Private Road on -street parking =22 parking North Selway Rapids added road widening and Total = 218 spaces for 41 homes = 5.31 spaces per. unit ---- this is more than double Code and helps existing issues !!! - #4 Commission changes to Staff recommendation: - a. - "Commission recommended denial" • This is contrary to Idaho State Statute regarding Private Property Rights • This application is consistent with the City of Meridian Comp. Plan 3 • This application is consistent with and exceeds Meridian Code Requirements for Design/Conformance • This project will produce a well documented/wanted/needed housing product within Meridian Thank you Scott Noriyuki (208) 230-1202 scott@northsidemgt.com N RTH [DE MANAGEMENT Page is too large to OCR. Page is too large to OCR. Development Services Department Project/File: Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 This is a rezone, private road and a preliminary plat application to allow for the development of a 52-lot subdivision with a modification to the Development Agreement on 4.6 acres. This site is located at the northwest corner of McMillan Road and Goddard Creek Way. Lead Agency: City of Meridian Site address: W. McMillan Road Staff Approval: September 23, 2019 Applicant: SI Construction 1016 W. Sanette Street Nampa, ID 83651 Representative: Scott Noriyuki Northside Management 6810 Fairhill Place Boise, ID 83714 Staff Contact: Dawn Battles Phone: 387-6218 E-mail: dbattles(a.achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a rezone from R-4 (Medium - Low Density Residential) to R-15 (Medium High Density Residential), a private road and a preliminary plat application to allow for the development of a 52-lot subdivision, consisting of 44 residential lots and 8 common lots on 4.6 acres. The applicant's proposal is consistent with the City of Meridian's comprehensive plan which calls for a mixed -use neighborhood on this site. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium -Low Density R-4 South Medium -Low Density R-4 East Medium -Low Density/ Medium -Density/ Limited Office R-4/R-8/L-0 West Community Business C-C 3. Site History: ACHD staff previously reviewed this as Goddard Creek Subdivision in February 2017. The requirements of this staff report are generally consistent with those of the prior action. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 • Goddard Creek Subdivision is an 82 self -storage facility located directly west of the site and was approved by ACHD staff in February 2017. 5. Transit: Transit services are not available to serve this site. 6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared use path. AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection Treatments: The opening of a shared use path at the roadway should be at least the same width as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the path, not including any flared sides if utilized.... Detectable warnings should be placed across the full width of the ramp. FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average width of the trail to improve safety for users who will be traveling at various speeds. In addition, the overall width of the trail should be increased, so the curb ramp can be slightly offset to the side. The increased width reduces conflict at the intersection by providing more space for users at the bottom of the ramp. 7. New Center Lane Miles: The proposed development includes 0 centerline miles of new public road. 8. 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. 9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Linder Road was scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to McMillan Road and construction was completed in September 2019. • Ten Mile Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Chinden Boulevard in 2020. • Ten Mile Road and Bridge Numbers 1103 and 2204 are scheduled in the IFYWP to be replaced/widened in 2020. • McMillan Road is listed in the CIP to be widened to 3-lanes from Star Road to Meridian Road (SH 69) between 2031 and 2035. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 322 vehicle trips per day; 25 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 10th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service McMillan Road 469-feet Minor Arterial 501 Better than "D" Goddard Creek Way 0-feet Collector 180 Better than "D" * Acceptable level of service for a two-lane minor arterial is "E" (575 VPH). 2 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 * Acceptable level of service for a two-lane collector is "D" (425 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for McMillan Road west of Ten Mile Road was 4,905 on January 31, 2018. • The average daily traffic count for Goddard Creek Way north of McMillan Road was 3,308 on May 3, 2017. C. Findings for Consideration 1. McMillan Road a. Existing Conditions: McMillan Road is improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site. There is 62-feet of right-of-way for McMillan Road (34-feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right -of Way Width Policy: District Policy 7205.2.1 & 7205.5.2 states that the standard 3-lane street section shall be 46-feet (back -of -curb to back -of -curb) within 70 feet of right-of-way. This width typically accommodates a single travel lane in each direction, a continuous center left -turn lane, and bike lanes. Right -of -Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site -related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back -of -curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back -of -curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. 3 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be required (See Section 7205.5.5). 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 McMillan Road is designated in the MSM as a Residential Arterial with 3-lanes and on -street bike lanes, a 46-foot street section within 74-feet of right-of-way. Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1 b under District policy 7205.4.7, unless a waiver for the access point has been approved by the District Commission. Driveways, when approved on a principal arterial shall operate as a right-in/right-out only, and the District will require the construction of a raised median to restrict the left turning movements. c. Applicant Proposal: The applicant is not proposing any improvements to McMillan Road abutting the site. The applicant is proposing to construct a 25-foot wide emergency only access with bollards onto McMillan Road located 416-feet west of Goddard Creek Way (measured centerline -to - centerline). d. Staff Comments/Recommendations: This site (depicted below) was previously reviewed by ACHD as Goddard Creek Subdivision and the following improvements were required as part of that application: • Dedicate additional right-of-way to total 38-feet from centerline abutting the site; • Widen the pavement to 17-feet from centerline on McMillan Road with a 3-foot gravel shoulder abutting the site; and • Construct 5-foot wide detached concrete sidewalk abutting the site. 4 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 Therefore, the applicant is not required to improve McMillan Road abutting the site as part of this application. The applicant's proposal to construct a 20-foot wide emergency access with bollards from the site onto McMillan Road is approved. Gates or bollards should be located outside of the right- of-way and installed as determined by Meridian Fire Department. 2. Goddard Creek Way a. Existing Conditions: Goddard Creek Way is improved with 2-travel lanes, vertical curb, gutter, and 5-foot wide detached concrete sidewalk and a landscape spite strip abutting the site. There is 60 to 50-feet of right-of-way for Goddard Creek Way (25-feet from centerline). b. Staff Comments/Recommendations: The landscape spite strip abutting the site's east property line on Goddard Creek Way is owned by the Kelly Creek Homeowner's Association. Therefore, this site does not have frontage on Goddard Creek Way and the applicant is not required to make any improvements and will not have any access onto Goddard Creek Way from the site. 3. Private Driveway a. Existing Conditions: Apgar Creek Lane is an existing private driveway that intersects Goddard Creek Way at the site's north property line. b. Staff Comments/Recommendations: The applicant is proposing to construct all the internal streets as private with a private drive to intersect Apgar Creek Lane by use of the existing ingress/egress easement noted on the Selway Apartments Subdivision plat. 4. 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 II 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. 5. 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. 6. Other Access McMillan Road is classified as a minor arterial roadway. Goddard Creek Way is classified as collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Construct a 25-foot wide emergency only access with bollards onto McMillan Road located 416- feet west of Goddard Creek Way. 2. Direct lot access is prohibited to McMillan Road and Goddard Creek Way, other than the access specifically approved with this application and should be noted on the final plat. 3. Payment of impact fees is due prior to issuance of a building permit. 4. Comply with all Standard Conditions of Approval. 5 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 E. Standard Conditions of Approval 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, 7203.3, 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. F. 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. 6 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Appeal Guidelines Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 No Text SITE PLAN TYTAL ACRES MAC ._ . .......le TOTAL LOTS 51 • '"'^^"""4 f sINGLE FAMILY LOTS 44 COMMOFYt1PEN SPLICE LOTS 7 �i "521118lSIACR PRO:�CY LBG now iONWG Ri 1'a GOMMM LOTXPEAi$PACE AB,855 SF-24.M o..w..a oa«....e .. OUAUFISPOPSH5PACE AO4BI.SSF _ 'O "+UGH OE' L�gcat n IVI p- _R Projl k - W. ELWAY RAPIQS LN L'�3 i �#.4 4 71 M I LLAN FZD. - .__ COSON FAY,L RRIMALE TAUS` 9 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 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. 10 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 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. Items to be completed by Applicant: ❑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. 11 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 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 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. 12 Goddard Creek Townhomes/ MPP19-0021/ H-2019-0068 Scott Noriyuki From: Yochum Joe <Yochum.Joe@westada.org> Sent: Tuesday, January 21, 2020 1:43 PM To: Scott Noriyuki Cc: Sonya Allen Subject: RE: Goddard Creek Townhomes - West Ada School Dist. Letter of Denial Hi Scott WASD will reverse its opinion to deny if the townhomes are not occupied until Summer 2021. Owyhee High School will open in August 2021 and will decrease the enrollment at Rocky Mountain High School. I am including Sonya Allen on this replay so this condition (no townhomes occupied until Summer 2021) may be considered by City Council. Thanks Joe From: Scott Noriyuki [mailto:scott@northsidemgt.com) Sent: Tuesday, January 21, 2020 11:58 AM To: Yochum Joe <Yochum.Joe@westada.org> Subject: Goddard Creek Townhomes - West Ada School Dist. Letter of Denial Importance: High WARNING: This email has been received from a source outside of the West Ada School District: Please only click links and attachments if you are sure they are safe Mr. Yochum - With respect to our proposed Goddard Creek Townhome project (see attached vicinity map for location), Would you be so kind as to elaborate on your reasoning for recommendation of denial? This specific project is projected to add 35 school age children at build -out. The specific schools are: - Willow Creek Elementary - Sawtooth Middle School - Rocky Mountain High I am very much aware that West Ada School Dist. is experiencing tremendous growing pains, but you also have several expansion plans for existing Schools and a few new ones within the next two fiscal years. This is a key concern with my proposed project. That said, we will not be complete with the project until Fall of 2021- Spring of 2022. This considered, what are your thoughts regarding our impact and your ability to serve the projected students? Our Council Hearing it this evening and I would like to speak to them factually regarding your letter. Thank you and please feel free to call or email anytime. Scott Noriyuki (208) 230-1202 scott@northsidemgt.com '0� J\ JTHIDE MANAGEMENT