HomeMy WebLinkAboutACHD Comments
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Ada County Highway District
John S. Franden, President
David E. Wynkoop 1st Vice President
Susan S. Eastlake, 2nd Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
3775 N. Adams Street
Garden City 10 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: telius@ACHD.ada.id.us
September 15, 2004
RECEIVED
SEP 1 6 2004
To:
Centennial Development
114 East Idaho Street Suite 230
Meridian Idaho 83642
City of Meridian
City Clerk Office
Subject:
Cheste rfield S u bd ivi s ion/MAZ03-037/M CU P03-07 OIM P P03-046
214-lot subdivision
EI Gato Lane
On Tuesday September 7, 2004, the Ada County Highway District acted on your application for the
above referenced project. The attached report lists site-specific requirements, conditions of
approval and street improvements, which are required.
If you have any questions, please feel free to contact me at 208-387-6177.
Andrea N. Tuning
Principal Development Analyst
Right-of-way & Development Services, Planni
CC:
Project file, Construction Services, Drainage, Utilities
City of Meridian
W&H Pacific
3130 South Owyhee Street
Boise, Idaho 83705
.....;<~.,~
- ~ Ada County Highway District
Right-of Way & Development Department
Planning Review Division
This application was approved by the Commission on the regular agenda on Wednesday January 28, 2004
at 6:30 pm. Revised plats were submitted to the District on July 1, 2004 and August 10, 2004 and the
modifications were approved at the staff level on Wednesday July 7, 2004 and Tuesday September 7, 2004.
The original Tech Review for this item was held with the applicant on Friday January 16, 2004. Please refer
to the attachment for request for reconsideration guidelines. Staff contact: Andrea N. Tuning, 208-387-6177-
phone, 208-387-6393-fax, atuninq@achd.ada.id.us
File Numbers:
Chesteriield Su bd ivision/MAZO3-037/MCUPO3-D70/P PO3-046
Site address:
East side of Black Cat Road south of the future Pine Street
Applicant:
Centennial Development, LLC
Kevin Amar
114 East Idaho Street, Suite 230
Meridian, Idaho 83642
Representative:
Land Consultants
Shawn Nickel
52 North 2nd Street
Eagle, Idaho 83616
Application Information:
The applicant has submitted an application to the City of Meridian requesting annexation, rezone, planned
unit development and preliminary plat approval to construct a 214-lot single-family residential subdivision.
The site is currently zoned RUT and is proposed to be zoned R-8. The site is located on the east side of
Black Cat Road south of the future Pine Street.
Acreage: 46.40-acres
Current Zoning: RUT
Proposed Zoning: R-8
Buildable Lots: 214-lots
Common Lots: 39-lots
Vicinity Map
A.
2.
4.
2
Findings of Fact
1.
Trip Generation: This development is estimated to generate 2,140 additional vehicle trips per day (0
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
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.
Site Information: The site currently functions as agricultural ground and does not have any
structures that are located on it.
Description of Adjacent Surrounding Area:
a. North: Castlebrook Subdivision #2 and a 6.0-acres site with a single-family residential
dwelling
Rail Road
0.33-acre site with a single-family residential dwelling and 1.3-acre site with a single-
family residential dwelling
5.3-acre site with a single-family residential dwelling, 6.0-acres site with a single-family
residential dwelling and 1.0-acres site that is currently vacant
5.
b. South:
c. East:
d. West:
6.
Impacted Roadways
Pine Street (Proposed):
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Black Cat Road
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Cherrv Lane
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Franklin Road
Frontage:
Functional Street Classification:
Traffic count:
2,210-feet
Residential Collector
Actual count is unavailable
25 MPH
None
Minor arterial
North of Franklin Road was 2,686 on 4-24-02.
Better than "C"
35 MPH
None
Principal arterial
East of Black Cat Road was 6,634 on 7-31-01.
West of Black Cat Road was 4,823 on 7-6-00.
Better than "C"
35 MPH
None
Minor arterial
East of Black Cat Road was 7,097 on 4-24-02
West of Black Cat Road was 5,934 on 4-24-02.
12.
13.
3
Level of Service:
Speed limit:
Better than "C"
45 MPH
7.
Roadway Improvements Adjacent To and Near the Site
Pine Street does not currently exist. Pine Street is proposed to be constructed as a part of
Castlebrook Subdivision #1 and Castle brook Subdivision #2. Pine Street is anticipated to be a
residential collector with a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk
within 50-feet of right-of-way. Castlebrook Subdivision #1 and Castle brook Subdivision #2 were
required to construct Pine Street as one-half of a 36-foot street section plus 12-additional feet of
pavement within 42-feet of right-of-way.
Black Cat Road is improved with 24-feet of pavement (2-traffic lanes) with no curb, gutter or sidewalk.
Cherry Lane is improved with 5-traffic lanes with curb, gutter and sidewalk.
Franklin Road is improved with 24-feet of pavement (2-traffic lanes) with no curb, gutter or sidewalk.
8.
Existing Right-of-Way
Black Cat Road right-of-way varies in width. Black Cat Road varies from 50-feet of right-of-way to 55-
feet of right-of-way (25-feet from centerline).
Cherry Lane currently has 85-feet of right-of-way (40-feet from centerline).
9.
Franklin Road currently has 55-feet of right-of-way (30-feet from centerline).
Existing Access to the Site
The site does not currently have frontage and does not have a defined access point to the public
transportation system.
10.
Site History
The District has not previously reviewed a development application for this site.
11.
Capital Improvements Plan/Five Year Work Program
The are no roadway improvements within this area that are scheduled within the District's Five Year
Work Program or Capital Improvements Plan.
Other Development in Area
On September 25, 2002, the Commission approved Castlebrook Subdivision #1. Castlebrook
Subdivision #1 was a proposed 120-lot single-family residential subdivision on 39.96-acres.
On January 15, 2003, the Commission approved Castlebrook Subdivision #2. Castlebrook
Subdivision #2 was a proposed 148-lot single-family residential subdivision on 39.04-acres.
See the Vicinity Map for the location of the previously approved development applications within this
area.
Commission Action
This item was scheduled on the consent agenda on January 28, 2004. The Commission pulled this
item from the consent agenda to discuss EI Gato Street (Pine Avenue).
The Commission approved the report in accordance with staff's recommendation with one exception.
The Commission believes that that EI Gato (Pine Avenue) has the potential to carry higher volumes of
traffic and would like EI Gato Street to function in a way that is efficient for pedestrians, bicyclists, and
automobiles. To accommodate for multipie transportation modes, the Commission required the
applicant to stripe EI Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike
lanes.
B.
Findings for Consideration
1.
Street Sections
Pine Street rEI Gato Street)
District policy 72-F1A, 7202.3.2 and 7202.3.5, requires that residential collectors be constructed as
36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with no front-on housing.
The access restrictions for these street segments should be stated on the final plat. Unless otherwise
noted, parking should be prohibited on these street segments. Coordinate the signage plan with
District staff.
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."
With Castlebrook Subdivision #1 and Castlebrook Subdivision #2, the applicant has proposed to
construct Pine Street (EI Gato Street) to intersect Black Cat Road at the half-mile. Pine Street (EI
Gato Street) was not identified as a collector roadway on the 2020 Functional Street Classification
System Map but was identified as a mid-mile collector within the JUB Collector Study. The JUB
collector study has not yet been finalized or adopted by the ACHD Commission. Due to the fact that
the Pine Street (EI Gato Street) was not identified as a future collector on the 2020 Functional Street
Classification System Map, the Commission had not adopted the findings of the JUB Collector study,
and the conclusions from the submitted traffic impact study for Castle brook Subdivision #1 and
Castlebrook Subdivision #2 indicated that the traffic volumes on Pine Street (EI Gato Street) would be
consistent with a residential collector, the District required the applicant to construct Pine Street (EI
Gato Street) as a residential collector with a 36-foot street section with vertical curb, gutter and 5-foot
sidewalk within 50-feet of right-of-way. Due to the fact that this roadway was classified as a
residential collector, front on housing was restricted on this roadway and access restrictions were
applied.
The subject parcel is located directly south of Castlebrook Subdivision #2 and does not have frontage
on the public transportation system. With this application, the applicant is proposing to complete Pine
Street (EI Gato Street) abutting this parcel (at the mid mile). Due to the fact that the applicant is
proposing to complete Pine Street (EI Gato Street) on the north property line, the applicant should
provide sufficient right-of-way to complete a 36-foot street section with vertical curb, gutter and 5-foot
concrete sidewalk within a total of 50-feet of right-of-way. This street section will be consistent with
the street section that was previously approved with Castlebrook Subdivision #1 and Castlebrook
Subdivision #2. The applicant should also restrict direct access to Pine Street (EI Gato Street). This
restriction should be noted on the final plat.
4
Although the applicant will be completing a 36-foot street section for a majority of EI Gato Street, the
applicant cannot complete the eastern portion of EI Gato, due to the fact that the property to the north
of EI Gato is not currently developed and the right-of-way does not exist. The applicant should
transition the location of the right-of-way to taper from a complete 36-foot street section at the west of
the property line to one half of a 36-foot street section with a minimum of 24-feet of pavement, vertical
curb, gutter and 5-foot concrete sidewalk at the east of the property.
Internal Roadwavs
District policy 7204.4.2 states, "developments with any buildable lot that is less that 1.5-acres in size
will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and
sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this
width may be allowed, depending on traffic volumes forecast to be generated by the development.
Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-
feet or more in which case the sidewalk shall be a minimum of 4-feet in width.
The applicant is proposing to construct the internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way.
2.
Roadway Offsets
District policy 7204.11.6, requires local roadways to align or offset a minimum of 150-feet from a
residential collector roadway (measured centerline to centerline).
The applicant is proposing to construct a main entrance roadway.to intersect Pine Street (EI Gato
Street) approximately 370-feet east of the west property line. This roadway is proposed to offset the
main entrance to Castlebrook Subdivision #2 by approximately 360-feet (measured near edge to near
edge). This roadway meets the District's minimum offsets for local roadways intersecting a
residential collector roadway and should be approved with this application.
The applicant is proposing to construct Notel Creek Avenue to intersect Pine Street (EI Gato Street)
approximately 560-feet west of the east property line. This roadway meets the District's minimum
offsets for local roadways intersecting a residential collector roadway and should be approved with
this application.
District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from
another local roadway (measured centerline to centerline).
The remainder of the internal roadways meet or exceed the minimum offsets that are required by
District policy and should be approved with this application.
3.
Stub Streets
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 1205, "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 1204.5, 1204.6 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". In addition, a stub
street must meet the following conditions:
5
.
A stub street shall be designed to slope towards the street intersection and drain
surface water toward that intersection, unless a satisfactory storm drain system is
installed.
The District may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
.
The applicant is proposing to construct a stub street (Kaspell Street) to the east property line
approximately 11 O-feet north of the south property line. Due to the fact that this stub street will not be
greater than 150-feet in depth, the applicant will not be required to construct a temporary turnaround
at the terminus of the roadway. The applicant should install a sign at the terminus of the stub street
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
The applicant proposing to construct a stub street to the west property line to serve the 5.3-acre site
that is located directly to the west. Staff is supportive of the applicants proposal to provide this stub
street due to the fact that the stub street will provide secondary access for emergency services,
eliminate multiple access points to minor arterials (Black Cat Road), reduce vehicle miles traveled,
connect the surrounding neighborhoods and increase the sense of community in the area. Due to the
fact that this stub street will be greater than 150-feet in depth, the applicant will be required to
construct a temporary turnaround at the terminus of the roadway. The applicant should install a sign
at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
4.
Turnarounds
District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of
45-feet. The applicant should also be required to provide a minimum of a 29-foot street section on
either side of any proposed center islands within the turnarounds. The medians should be
constructed a minimum of 4-feet wide to total a minimum of a 1 OO-square foot area.
The applicant is not proposing to construct a standard cul-de-sac turnaround at the terminus of
Kaspell Street. The District will consider alternatives to the standard turnaround on a case-by-case
basis. The determination to allow a non-standard turnaround will be based on turning area,
drainage, maintenance considerations and the written approval of the emergency fire service for the
area where the development is located. Minimum design standards shall be met for all non-standard
turnarounds. Submit a design of the turnaround for review and approval by District Development
Division staff.
The applicant should construct the alternative turnaround to accommodate adequate turning area,
drainage, maintenance considerations and the written approval of the emergency fire service for the
area where the development is located. Minimum design standards shall be met for all non-standard
tumarounds. Submit a design of the turnaround for review and approval by District Development
Division staff. Approval of the staff report does not indicate approval. of the non-standard turnaround
design.
5.
Knuckles
District policy District policy 7202.7 and 7207.5 and the local Fire District standards require an island
within a knuckle to be constructed with the island being a minimum of 4-feet wide with a minimum
area of 1 OO-square feet and designed to safely channel traffic. The roadway around the traffic island
should maintain a minimum of a 29-foot street section. The design should be reviewed and approved
by ACHD's Development staff.
The applicant is proposing to construct a knuckle at the intersection of Meadowpine Street and
Dutton Avenue. Staff is supportive of the location of the proposed knuckle.
6
8.
7
6.
Alleys
District policy 1204.10.1 requires the minimum right-of-way width for new alleys to be 16-feet if: the
alley is abutted by residential uses and zoning on both sides; and building setbacks required by the
land use agency having jurisdiction provide sufficient space for the safe backing of vehicles into the
alley; and 20-feet in all other situations. Dedication of clear title to the right-of-way and the
improvement of the right-of-way, and acceptance of the improvement by the District as meeting its
construction standards, are required for all alleys contained in a proposed development. The alley
shall be improved by paving the full width and length of the right-of-way; provided, that the minimum
width of the right-of-way is 16-feet and the homeowners association has obtained a license
agreement from the District authorizing the landscaping of a portion of the alley right-of-way, which a
portion abuts the development and does not exceed two feet in width, such licensed area need not be
paved until the license is terminated.
District Policy 7204.10.3 states a minimum of back-of-curb radius of 15-feet is required at all alley
intersections. For the reconstruction of existing alleys, the back-of-curb radius may be less than 15-
feet when it is impractical to remove existing obstructions.
Parking in alley is not allowed (District policy 7204.10.3).
Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be
designed so the minimum clear distance from the back of the parking stall to the opposite side of the
alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet
from the nearest public street.
The applicant is proposing to construct two alleys within the subdivision. District staff is supportive of
the applicant's proposal. The applicant should construct the alleys with 20-feet of pavement and
construct the alley intersections with a minimum of back-of-curb radius of 15-feet. If the applicant is
proposing to have the residential lots take access to the alley, parking shall be designed so the
minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet
for perpendicular parking. Parking in alley is prohibited.
1.
Islands/Medians
District policy 7202.7 and 7207.5 requires any proposed landscape islandslmedians within the public
right-of-way dedicated by this plat should be owned and maintained by a homeowners. association.
Notes of this should be required on the final plat. The applicant should also be required to provide a
minimum of a 21-foot street section on either side of any proposed center island/median. The
medians should be constructed a minimum of 4-feet wide to total a minimum of a 1 OO-square foot
area.
The applicant is proposing to construct center islands/medians within the public right-of-way at both
entrances to the subdivision. The applicant should provide a minimum of a 21-foot street section on
either side of any proposed center islandlmedian and construct the island to be a minimum of 4-feet
wide to total a minimum of a 1 OO-square foot area. Any proposed landscape islandslmedians within
the public right-of-way dedicated by this plat should be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
Surrounding Roadways
Chesterfield Subdivision does not have frontage on the public transportation system and is proposing
to access the public roadway system through Castle brook Subdivision #1 and Castlebrook
Subdivision #2. Castle brook Subdivision #1 and Castlebrook Subdivision #2 have not completed the
9.
final platting process therefore Chesterfield Subdivision does not have access to the public roadway
system at this time. Due to the fact that Castlebrook Subdivision #1 and Castle brook Subdivision #2
has not dedicated right-of-way through the recordation of a final plat, Chesterfield Subdivision's
preliminary plat should be approved contingent upon the right-of-way within Castle brook Subdivision
#1 and Castle brook Subdivision #2 being dedicated to the public and the roadways being constructed
or a financial surety in place for the construction of the roadways prior to the signature of the final plat
for Chesterfield Subdivision.
Striping of EI Gato Street (Pine Avenue)
To accommodate for multiple transportation modes, the Commission. required the applicant to stripe
EI Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes.
10.
Other Access
Pine Street is being constructed as a residential collector. District policy restricts front on housing
and access to residential collectors. Other than the access points that were specifically approved
with this application, direct lot access to Pine Street is prohibited. This restriction should be noted on
the final plat.
C.
1.
Site Specific Conditions of Approval
Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb,
gutter and 5-foot concrete sidewalk within a total of 50-feet of right-of-way. Transition the location of
the right-of-way to taper from a complete 36-foot street section at the west of the property to one half
of a 36-foot street section with a minimum of 24-feet of pavement, vertical curb, gutter and 5-foot
concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe EI
Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes.
2.
Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete
sidewalk within 50-feet of right-of-way, as proposed.
3.
Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley
intersections with a minimum of back-of-curb radius of 15-feet. If the applicant is proposing to have
the residential lots take access to the alley, parking shall be designed so the minimum clear distance
from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking.
Parking in alley is prohibited.
4.
Construct a main entrance roadway to intersect Pine Street (EI Gato Street) approximately 370-feet
east of the west property line.
5.
Construct Notel Creek Avenue to intersect Pine Street (EI Gato Street) approximately 560-feet west
of the east property line, as proposed.
Construct a stub street (Kaspell Street) to the east property line approximately 11 O-feet north of the
south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE".
6.
7.
Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the
west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
8
8.
9.
10.
Construct one alternative turnaround at the terminus of Kaspell Street to accommodate adequate
tuming area, drainage, maintenance considerations and the written approval of the emergency fire
service for the area where the development is located. Minimum design standards shall be met for all
non-standard turnarounds. Submit a design of the turnaround for review and approval by District
Development Division staff.
Construct center islandslmedians within the public right-of-way of the two main entrances to the
subdivision, as proposed. Provide a minimum of a 21-foot street section on either side of any
proposed center island/median and construct the island to be a minimum of 4-feet wide to total a
minimum of a 100-square foot area.
Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are
required to be owned and maintained by a homeowners association. Notes of this will be required on
the final plat.
11.
Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed.
12.
Other than the access points that were specifically approved with this application, direct lot access to
Pine Street is prohibited. This restriction will be required to be noted on the final plat.
13.
Chesterfield Subdivision's preliminary plat will be approved contingent upon the right-of-way within
Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the
roadways being constructed or a financial surety is in place for the construction of the roadways prior
to the signature of the final plat for Chesterfield Subdivision.
14.
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 ACHD 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.
9
7.
8.
9.
2.
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.
Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance.
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 (1-800-342-1585) 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
the Highway District of its intent to change the planned use of the subject property unless a
waiverlvariance 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.
ACHD requirements are intended to assure that the proposed useldevelopment 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. Request for Reconsideration Guidelines
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11
Request for Reconsideration of Commission Action
1.
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.rn. 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.
12
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