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HomeMy WebLinkAboutACHD CommentsJohn S. Franden, President Rebecca W. Arnold, Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner Carol A. McKee, Commissioner March 27, 2007 TO: Dyver Development 2364 South Titanium Place Meridian, ID 83642 SUBJECT: MFP-06-014 Medford Subdivision s/w/c Eagle & Victory Roads On September 30, 2005, the Ada County Highway District Commissioners acted on MPP05-043 / MPP05-044 / MAZ05-042 for Medford Place. The conditions and requirements also apply to MFP-06- 014. • 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 fees. • The applicant may not locate any obstruction within the license agreement issued by the District. public right-of-way without a If you have any questions or concerns please feel free to contact this office at (208) 387-6170. Sincerely, Ryan McDaniel Planner I Right -of -Way and Development Services CC Project File City of Meridian Ada County Highway District • 3775 Adams Street • Garden City ID • 83714 • PH 208-387-6100 ii FX 345-7650 • www.achd.ada.id.us Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager d df nthe ot 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 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 being appealed, identify the appellant by name, address and telephone (number and er to the destate 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 a time meet with the a appeal, and may during such 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 a reply to the notice of a copy ppellant of the ROWDS Manager's and the reply shall be delive red to thetCommissionbat east on1 eing le () notice of appeal hearing. ()week prior to the 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. Right -of -Way & Development Services Planning Review Division This application is approved at the staff level on September 30, 2005. Tech Review for this item was held with the applicant on September 30, 2005. Please refer to the attachment for request for reconsideratio guidelines. Staff contact: Lisa Bachman, 208-387-6174-phone, 208-387-6393-fax, n lbachman(a�achd ada id us File Numbers: Medford Place / MPP05-043 / MCUP05044 / MAZ05-042 Site address: 3335 South Eagle Road Applicant: Dyver Development, LLC 36 East Pine Street Meridian, Idaho 83642 (208) 895-8858 Representatives: Bailey Engineering 1500 Iron Eagle Drive Eagle, Idaho 83616 (208) 938-0013 Shawn Nickel 52 North 2"d Street Eagle, Idaho 83616 (208) 938-3812 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation, rezone, conditional use and preliminary plat approval to construct a 29-lot subdivision on 8.57-acres. Acreage: 8.47-acres Current Zoning: RUT Proposed Zoning: R-8 Four-plex Lots: 7-lots Detached Single-family Lots: 22-lots Common Lots: 8-lots Total Buildable Lots: 29-lots A. Findings of Fact �. Trip Generation: This development is estimated to generate 375 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 contains one vacant home and a few outbuildings. 5. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Single-family Residential / Vacant land R-1 /RUT South Vacant land / Single-family Residential RUT / R-4 West Single-family Residential R-4 East Single-family Residential RUT 6. Impacted Roadways Roadway Frontage Functional Level of Seed Classification Traffic Count p Service Limit Eagle Road 912-feet Minor Arterial 5,770 North of Amity Better Road on 2-24-04 than "C" 50-MPH Victory 4,615 West of Eagle Road 262-feet Collector 9 e Better Road on 1/20/05 than "C" 50-MPH Falcon No Drive Frontage Local N/A N/A 25-MPH **An acceptable /eve/ of service for Eagle Road is a LOS "D'; 14, 000 vehicles per day. 7. Roadway Improvements Adjacent To and Near the Site • Eagle Road is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. • Victory Road is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. • Falcon Drive is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. 2 8. Existing Right -of -Way • The northern section of Eagle Road (approx. 310-feet) has a total of 73-feet of right-of-way (48-feet from centerline). • The center section of Eagle Road (approx. 140-feet) has a total of 55-feet of right-of-way (30- feet from centerline). • The southern section of Eagle Road (approx. 462-feet) has a total of 60-feet of right-of-way (30-feet from centerline). • Victory Road has a total of 96-feet of right-of-way (48-feet from centerline). • Falcon Drive has a total of 50-feet of right-of-way (25-feet from centerline). 9. Existing Access to the Site There is one unpaved driveway located approximately 293-feet south of the north property line that intersects Eagle Road. 10. Site History The District has not previously reviewed a development application for this site. 11. Capital Improvements Plan/Five Year Work Program • This segment of Eagle Road (Victory Road to Amity Road) is included in the District's Capital Improvements Plan. This segment of Eagle Road is anticipated to be improved to 3-traffic lanes with vertical curb, gutter and a 5-foot detached concrete sidewalk within a total of 70- feet of right-of-way in the year 2011-2015. • The intersection of Eagle Road & Victory Road is included in the District's Five Year Work Program. The intersection is anticipated to be reconstructed and widened to 5-lanes on all legs, including curb, gutter, sidewalks and bike lanes. This project is programmed to take place with the Eagle Road/Victory Road to Ridenbaugh Canal (north of Victory Road) in the year 2007. 12. Other Development in Area • Messina Meadows Subdivision (491-lots) was approved by the District on May 25, 2005. • Tuscany Village Subdivision (136-lots) was approved by the District on August 6, 2003. • Tuscany Lakes Subdivision 455-lots was approved File # MCPA05-001 — Merid an Comprehensive Plan Ame Aby the mendment applicationct on oeidentif 001. •Y approximately 50-acres on the northeast and southeast corners of Eagle and Victory Roads as a Mixed -Use designation on the Meridian Comprehensive Plan. • Maxfield Subdivision (2-lots: 1-single-family, 1-assisted living — 75-beds was a District on June 28, 2005. ) pproved by the B. Findings for Consideration Eagle Road Right -of -Way & Improvements District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 5-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. ACHD has already acquired the necessary right-of-way for the intersection widening/signalization project and no additional right-of-way is required for that project. However, the applicant is required to dedicate additional right-of-way south of the project boundary to preserve for 5-lanes. The applicant should dedicate 48-feet of right-of-way from the centerline of the roadway, and will be reimbursed for the 23-feet that is in addition to the 25-feet of existing right-of-way. A portion of the right-of-way is eligible for reimbursement under the Impact Fee Ordinance and the remainder of the right-of-way will be purchased using Corridor Preservation Funds. The right-of-way purchase and 3 sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of- way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. In lieu of constructing sidewalk abutting the entire site, the applicant is required to provide a road trust in the amount of $6,300 for the Eagle Road frontage (approximately 300-feet) associated with the intersection project. South of the project boundaries, the applicant is required to construct a 5-foot wide concrete sidewalk, with the back of walk located a minimum of 41-feet from centerline. Coordinate the location of the sidewalk with the ACHD plans for the intersection. 2. Victory Road Right -of -Way & Improvements District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. ACHD has already acquired the necessary right-of-way for the intersection widen ing/signaIization project. No additional right-of-way is required. In lieu of constructing sidewalk, the applicant is required to provide a road trust in the amount of $5,240 for the Victory Road frontage. ACHD sometimes allows the construction of sidewalk prior to the construction of a scheduled roadway improvement project. In this location, sidewalk should not be constructed due to this site being located directly adjacent to the intersection. The road trust will ensure that sidewalk is constructed adjacent to this parcel in the proper location. 3. Site Access District Policv District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). Applicant Proposal The applicant has proposed to construct one public street off of Eagle Road into the site, located in alignment with Falcon Drive on the east side of Eagle Road. No access has been proposed to Victory Road. _Neighborhood Concerns Residents in the area (specifically who live on Falcon Drive) are concerned with the ability to enter and exit Falcon Drive in its existing configuration, and are concerned about additional traffic directly across Eagle Road. Neighbors indicate that they have a difficult time exiting on to Eagle Road in the AM peak hour and returning home in the PM peak hour. (See attached correspondence on pages 8- 10.) This situation should be alleviated when the intersection of Eagle and Victory is signalized in 2007 and additional turn lanes added at the intersection. Staff Recommendation The proposed public street location meets District policy and can be approved as proposed. The applicant has provided a second layout to address the concerns of the neighborhood. The second layout moves the public street near the south property line and away from the existing Falcon Drive. The roadway in that location would be offset approximately 280-feet, not meeting the 300-foot required by policy. A roadway in this location would shift the traffic further to the south and away from the intersection, and therefore staff would recommend a modification of policy to allow the street location if this second layout is applicable. The applicant notified staff via e-mail that they have shifted the roadway location to the south and that layout is approved as proposed. 4 4. Internal Street Sections District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre 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 has proposed a 34-foot street section, which also meets District policy. Any section less than 36-feet wide requires written approval from the Meridian Fire Department. 5. Stub Streets District Policy District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub street must meet the following conditions: 1. 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. 2. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. Applicant Proposal The applicant is proposing to construct a stub street to the south property line, and a stub street to the parcel to the west. The exact location of the stub to the parcel to the west will depend on the approval of the submitted layout of the second layout. Staff Recommendation Both stub street locations are acceptable to ACHD and neither street requires a turnaround. 6. Turnarounds Provide a minimum turning radius of 45-feet for all public street turnarounds. 7. Islands/Medians District policy 7202.7 and 7207.5 requires any proposed landscape islands/medians 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. Traffic islands should be constructed with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island should maintain a minimum of a 21-foot street section. The design should be reviewed and approved by ACHD's Development staff. s. Other Access Eagle Road is classified as a minor arterial. Other than the access that is specifically approved with this application, direct lot access to Eagle Road is prohibited. Victory Road is classified as a collector roadway. No access to Victory Road has been proposed with this application and none is approved. 5 C. Site Specific Conditions of Approval 1. Dedicate right-of-way on Eagle Road to total 48-feet from the centerline of the roadway. The applicant shall be reimbursed for 23-feet of right-of-way with impact fee and corridor preservation funds. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Provide a road trust for sidewalk on Eagle Road in the amount of $6,300 (approximately 300-feet) associated with the intersection project. 3. South of the project boundaries on Eagle Road, construct a 5-foot wide concrete sidewalk, with the back of walk located a minimum of 41-feet from centerline. Coordinate the location of the sidewalk with the ACHD plans for the intersection. 4. Provide a road trust for sidewalk on Victory Road in the amount of $5,240 for the Victory Road frontage that is included in the intersection signalization/widening project. 5. Construct a public street to access the site near the south property line, as proposed in the revised submittal. 6. Construct the internal public streets as 34 to 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way. Provide written approval from the Meridian Fire Department for any roadway less than 36-feet in width. 7. Construct a stub street to the property to the south, as proposed. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct a stub street to the property to the west, as proposed in either scenario. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Provide a minimum turning radius of 45-feet for all public street turnarounds. 10. All landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Traffic islands shall be constructed with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 21-foot street section. The design shall be reviewed and approved by ACHD's Development staff. 12. Direct lot or parcel access to Eagle Road and Victory Road is prohibited and shall be noted on the final plat. 13. 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. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 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. 6. 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. 7. 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. 8. 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. 9. Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 10. 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. 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 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. 12. 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 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. N 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. Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal ary of Highway Systems, which must be filed within ten (10) working days from the date ofthedecision 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. E - -!7 tm,-� 9 Right -of -Way & Development Services Planning Review Division This application is approved at the staff level on September 30, 2005. Tech Review for this item was held with the applicant on September 30, 2005. Please refer to the attachment for request for reconsideration guidelines. Staff contact: Lisa Bachman, 208-387-6174-phone, 208-387-6393-fax, lbachman(a)achd ada id us File Numbers: Medford Place / MPP05-043 / MCUP05044 / MAZ05-042 Site address: 3335 South Eagle Road Applicant: Dyver Development, LLC 36 East Pine Street Meridian, Idaho 83642 (208) 895-8858 Representatives: Bailey Engineering 1500 Iron Eagle Drive Eagle, Idaho 83616 (208) 938-0013 Shawn Nickel 52 North 2"d Street Eagle, Idaho 83616 (208) 938-3812 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation, rezone, conditional use and preliminary plat approval to construct a 29-lot subdivision on 8.57-acres. Acreage: 8.47-acres Current Zoning: RUT Proposed Zoning: R-8 Four-plex Lots: 7-lots Detached Single-family Lots: 22-lots Common Lots: 8-lots Total Buildable Lots: 29-lots A. Findings of Fact 1. Trip Generation: This development is estimated to generate 375 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 contains one vacant home and a few outbuildings. 5. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Single-family Residential / Vacant land R-1 / RUT South Vacant land / Single-family Residential RUT / R-4 West Single-family Residential R-4 East Single-family Residential RUT 6. Impacted Roadways **Ar Roadway Frontage Functional Classification Traffic Count Level of Speed Service Limit Eagle Road 912-feet Minor Arterial 5,770 North of Amity Better Road on 2-24-04 than "C„ 50-MPH Victory Road 262-feet Collector 4,615 West of Eagle Better Road on 1/20/05 than "C" 50-MPH Falcon No Drive Frontage Local N/A N/A 25-MPH accentahlP lava/ of _ . _ _... _...... --u, , ,vuu ,o Q ­";o u , , r., uuu venlcles per day. 7. Roadway Improvements Adjacent To and Near the Site • Eagle Road is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. • Victory Road is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. • Falcon Drive is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. 2 8. Existing Right -of -Way • The northern section of Eagle Road (approx. 310-feet) has a total of 73-feet of right-of-way (48-feet from centerline). • The center section of Eagle Road (approx. 140-feet) has a total of 55-feet of right-of-way (30- feet from centerline). • The southern section of Eagle Road (approx. 462-feet) has a total of 60-feet of right-of-way (30-feet from centerline). • Victory Road has a total of 96-feet of right-of-way (48-feet from centerline). • Falcon Drive has a total of 50-feet of right-of-way (25-feet from centerline). 9. Existing Access to the Site There is one unpaved driveway located approximately 293-feet south of the north property line that intersects Eagle Road. 10. Site History The District has not previously reviewed a development application for this site. 11. Capital Improvements Plan/Five Year Work Program • This segment of Eagle Road (Victory Road to Amity Road) is included in the District's Capital Improvements Plan. This segment of Eagle Road is anticipated to be improved to 3-traffic lanes with vertical curb, gutter and a 5-foot detached concrete sidewalk within a total of 70- feet of right-of-way in the year 2011-2015. • The intersection of Eagle Road & Victory Road is included in the District's Five Year Work Program. The intersection is anticipated to be reconstructed and widened to 5-lanes on all legs, including curb, gutter, sidewalks and bike lanes. This project is programmed to take place with the Eagle Road/Victory Road to Ridenbaugh Canal (north of Victory Road) in the year 2007. 12. Other Development in Area • Messina Meadows Subdivision (491-lots) was approved by the District on May 25, 2005. • Tuscany Village Subdivision (136-lots) was approved by the District on August 6, 2003. • Tuscany Lakes Subdivision (455-lots) was approved by the District on December 13, 2001. • File # MCPA05-001 — Meridian Comprehensive Plan Amendment application to identify approximately 50-acres on the northeast and southeast corners of Eagle and Victory Roads as a Mixed -Use designation on the Meridian Comprehensive Plan. • Maxfield Subdivision (2-lots: 1-single-family, 1-assisted living — 75-beds) was approved by the District on June 28, 2005. B. Findings for Consideration 1. Eagle Road Right -of -Way & Improvements District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 5-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. ACHD has already acquired the necessary right-of-way for the intersection widen ing/signalization project and no additional right-of-way is required for that project. However, the applicant is required to dedicate additional right-of-way south of the project boundary to preserve for 5-lanes. The applicant should dedicate 48-feet of right-of-way from the centerline of the roadway, and will be reimbursed for the 23-feet that is in addition to the 25-feet of existing right-of-way. A portion of the right-of-way is eligible for reimbursement under the Impact Fee Ordinance and the remainder of the right-of-way will be purchased using Corridor Preservation Funds. The right-of-way purchase and 3 sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of- way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. In lieu of constructing sidewalk abutting the entire site, the applicant is required to provide a road trust in the amount of $6,300 for the Eagle Road frontage (approximately 300-feet) associated with the intersection project. South of the project boundaries, the applicant is required to construct a 5-foot wide concrete sidewalk, with the back of walk located a minimum of 41-feet from centerline. Coordinate the location of the sidewalk with the ACHD plans for the intersection. 2. Victory Road Right -of -Way & Improvements District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. ACHD has already acquired the necessary right-of-way for the intersection widening/signalization project. No additional right-of-way is required. In lieu of constructing sidewalk, the applicant is required to provide a road trust in the amount of $5,240 for the Victory Road frontage. ACHD sometimes allows the construction of sidewalk prior to the construction of a scheduled roadway improvement project. In this location, sidewalk should not be constructed due to this site being located directly adjacent to the intersection. The road trust will ensure that sidewalk is constructed adjacent to this parcel in the proper location. 3. Site Access District Policy District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). Applicant Proposal The applicant has proposed to construct one public street off of Eagle Road into the site, located in alignment with Falcon Drive on the east side of Eagle Road. No access has been proposed to Victory Road. Neighborhood Concerns Residents in the area (specifically who live on Falcon Drive) are concerned with the ability to enter and exit Falcon Drive in its existing configuration, and are concerned about additional traffic directly across Eagle Road. Neighbors indicate that they have a difficult time exiting on to Eagle Road in the AM peak hour and returning home in the PM peak hour. (See attached correspondence on pages 8- 10.) This situation should be alleviated when the intersection of Eagle and Victory is signalized in 2007 and additional turn lanes added at the intersection. Staff Recommendation The proposed public street location meets District policy and can be approved as proposed. The applicant has provided a second layout to address the concerns of the neighborhood. The second layout moves the public street near the south property line and away from the existing Falcon Drive. The roadway in that location would be offset approximately 280-feet, not meeting the 300-foot required by policy. A roadway in this location would shift the traffic further to the south and away from the intersection, and therefore staff would recommend a modification of policy to allow the street location if this second layout is applicable. The applicant notified staff via e-mail that they have shifted the roadway location to the south and that layout is approved as proposed. 11 4. Internal Street Sections District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre 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 has proposed a 34-foot street section, which also meets District policy. Any section less than 36-feet wide requires written approval from the Meridian Fire Department. 5. Stub Streets District Policy District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub street must meet the following conditions: 1. 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. 2. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. Applicant Proposal The applicant is proposing to construct a stub street to the south property line, and a stub street to the parcel to the west. The exact location of the stub to the parcel to the west will depend on the approval of the submitted layout of the second layout. Staff Recommendation Both stub street locations are acceptable to ACHD and neither street requires a turnaround. 6. Turnarounds Provide a minimum turning radius of 45-feet for all public street turnarounds. 7. Islands/Medians District policy 7202.7 and 7207.5 requires any proposed landscape islands/medians 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. Traffic islands should be constructed with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island should maintain a minimum of a 21-foot street section. The design should be reviewed and approved by ACHD's Development staff. s. Other Access Eagle Road is classified as a minor arterial. Other than the access that is specifically approved with this application, direct lot access to Eagle Road is prohibited. Victory Road is classified as a collector roadway. No access to Victory Road has been proposed with this application and none is approved. 5 C. Site Specific Conditions of Approval 1. Dedicate right-of-way on Eagle Road to total 48-feet from the centerline of the roadway. The applicant shall be reimbursed for 23-feet of right-of-way with impact fee and corridor preservation funds. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Provide a road trust for sidewalk on Eagle Road in the amount of $6,300 (approximately 300-feet) associated with the intersection project. 3. South of the project boundaries on Eagle Road, construct a 5-foot wide concrete sidewalk, with the back of walk located a minimum of 41-feet from centerline. Coordinate the location of the sidewalk with the ACHD plans for the intersection. 4. Provide a road trust for sidewalk on Victory Road in the amount of $5,240 for the Victory Road frontage that is included in the intersection signalization/widening project. 5. Construct a public street to access the site near the south property line, as proposed in the revised submittal. 6. Construct the internal public streets as 34 to 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way. Provide written approval from the Meridian Fire Department for any roadway less than 36-feet in width. 7. Construct a stub street to the property to the south, as proposed. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct a stub street to the property to the west, as proposed in either scenario. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Provide a minimum turning radius of 45-feet for all public street turnarounds. 10. All landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Traffic islands shall be constructed with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 21-foot street section. The design shall be reviewed and approved by ACHD's Development staff. 12. Direct lot or parcel access to Eagle Road and Victory Road is prohibited and shall be noted on the final plat. 13. Comply with all Standard Conditions of Approval. C. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 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. 6. 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. 7. 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. 8. 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. 9. Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 10. 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. 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 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. 12. 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 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. 7 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. Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. M CHD March 27, 2007 To: Specialty Contracting 2525 Stokesberry Place, Ste. A Meridian, ID 83642 Subject: MAZ-07-004 Office Building 1625 South Locust Grove Road John S. Franden, President Rebecca W. Arnold, Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner Carol A. McKee, Commissioner On March 27, 2007, 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) 387-6170. Sincerely, Ryan McDaniel Planner I Right -of -Way & Development Services Ada County Highway District CC: Project file, Utilities City of Meridian Ruby / Edwards Architects & Design 615 West Hays Street Boise, ID 83702 J1ILy niynwdy vis[nCi 0 5//5 Aaams street • Garden City, ID • 83714 • PH 2O8-387-6100 • FX 345-7650 • www.achd.adaJd.us Project/File: Lead Agency: Site address: Staff Level Approval: 4"i t s Right -of --Way &Development Services Department CHD "twt, MAZ-07-004 This is an annexation and rezone application for a 2.48 acre parcel, proposed to be developed as a Medical Office Building, into the City of Meridian with a zone change from RUT to L-O City of Meridian 1695 South Locust Grove Road March 26, 2007 Applicant: Specialty Contracting 2525 Stokesberry Place, Ste. A Meridian, ID 83642 Representative: Ruby/Edwards Architecture & Design 615 West Hays Street Boise, ID 83702 Staff Contact: Ryan McDaniel Phone: 387-6174 email: rmcdaniel(cDachd.ada.id.us Tech Review: March 23, 2007 Application Information: Acreage: 2.48 Current Zoning: RUT Proposed Zoning: L-O A. Findinqs of Fact Existing Conditions 1. Site Information: There is currently a single family dwelling and several outbuildings on the site. 1 MAZ-07-004 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Commercial C-C South Single family dwelling R-4 East Vacant C-N West Single family dwelling R-4 3. Existing Roadway Improvements and Right -of -Way Abutting or Near the Site: Locust Grove Road is currently improved with 3-traffic lanes, 3-turning lanes, 80-feet of pavement with curb, gutter and sidewalk abutting the site. There is 110-feet of right-of-way existing for Locust Grove Road (60-feet from centerline). 4. Existing Access: 5. Site History: Development Impacts 6. Trip Generation: 7. Impact Fees: 0 M Overland Road is currently improved with 4-traffic lanes, 2-turning lanes, 95- feet of pavement with vertical curb, gutter and sidewalk abutting the site. There is 120-feet of right-of-way existing for Overland Road (73-feet from centerline). Peacock Street is currently improved with 2-traffic lanes, 36-feet of pavement with curb, gutter and sidewalk. There is 50-feet of right-of-way existing for Peacock Street (25-feet from centerline). The subject site does not have frontage on this roadway. There are two curb cuts to Locust Grove Road from this property. ACHD has not previously reviewed this site for a development application. This development is estimated to generate 749 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Medical Office land use designation. 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. Traffic Study: A traffic impact study was not required with this application. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Overland 220-Feet Principal Arterial 19,989 west of Better than 35 MPH Road Locust Grove Road "C" on 2/2/06 18,732 east of Locust Grove Road on 2/2/06 Locust 415-Feet Minor Arterial 6,295 south of Better than 35 MPH Grove Road Overland Road on "C" 2/2/06 *Acceptable level of service for a five -lane principal arterial roadway is "E" (37,000 ADT). *Acceptable level of service for a two-lane minor arterial roadway is "D" (14,000 ADT). 2 MAZ-07-004 10. Capital Improvements Plan/Five Year Work Program Locust Grove Road overpass from Overland Road to Franklin Road is currently under construction. Overland Road is listed in the CIP for widening to a 7-lane roadway. B. Findings for Consideration This application is for a rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. Overland Road District Right -of -Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Applicant Proposal: The applicant has not proposed to dedicate additional right-of-way, construct additional improvements or take access from Overland Road. Staff Comment/Recommendation: The applicant's proposal for Overland Road is approved with this application as proposed because Overland Road is fully improved abutting this site. 2. Locust Grove Road District Right -of -Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). District Offset Policy: District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet from the signalized intersection for a full -access driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only driveway. Applicant Proposal: The applicant has not proposed to dedicate additional right-of-way or construct additional improvements to Locust Grove Road. Staff Comment/Recommendation: The applicant's proposal for Locust Grove Road is approved with this application as proposed because Locust Grove Road is fully improved abutting the site. 3 MAZ-07-004 3. Driveway on Locust Grove Road District Access Management Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. District Driveway Offset Policy: Signalized Intersections District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet from the signalized intersection for a full -access driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only driveway. District Driveway Offset Policy: Stop Controlled Intersections District policy 72-F4 (2) requires driveways located on arterial roadways near a stop controlled intersection to be located a minimum of 220-feet from the intersection for a full -access driveway and a minimum of 150-feet from the intersection for a right-in/right-out only driveway. District Driveway Width Policy: District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. District Driveway Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Applicant Proposal: The applicant has proposed a full access driveway on Locust Grove Road located approximately 380-feet south of the intersection of Overland Road and Locust Grove Road (measured near edge to near edge). Staff Comment/Recommendation: Staff is supportive of the applicant taking access to Locust Grove Road via one curb return type driveway. Staff will review the site design when one is submitted for review. For this annexation & rezone application staff has not made a comment or recommendation on the driveway accessing Locust Grove Road, which will be made under the policy in effect at the time of a future application. 4. District Tree Planters District's Tree Planter Width Policy prohibits all trees in planters less than 6-feet in width. In addition to prohibiting trees in planters less than 6-feet in width, the policy requires a minimum planter width of 6-feet for class II trees with the installation of root barriers on both sides of the planter strip or a minimum planter width of 8-feet without the installation of a root barrier. The policy also requires Class I and Class III trees to provide a minimum planter width of 10-feet. 5. Other Access 4 MAZ-07-004 Locust Grove and Overland Roads are classified as arterial roadways: all access points to Locust Grove and Overland Roads will be closed except the access specifically approved with this application 6. Standard Condition Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 the file numbers) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. 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 the file numbers) for details. 7. 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. 8. 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. 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. 10. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #202, also known as Ada County Highway District Road Impact Fee Ordinance. 11. 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. 12. 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. 5 MAZ-07-004 13. 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 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. MAZ-07-004 6 ObERIANO ROAD s�aby ( ®dwards's a chitoature � cis w. wys.%m ear, to a37az Ph 70L34S.737,3 4XIM-30-nX www.ropvdnypcNteQwa.mm © COPYRIGHT 2.007 PREL. ARY NOT FOR Cum i RUCTION 4 hlr � rl! {IMeH1 �1 JA Ywiu MW OM Alml woaft Pur MAZ-07-004 7 Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 8 MAZ-07-004 F_ Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do one of the following: ❑Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time ❑Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ®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. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ❑For ALL development applications, including those receiving a "No Review" or "Comply With" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Division 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 calculation). • 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 Zone ❑ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to Ada County Highway District (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 s.f. of concrete or asphalt. Construction (Subdivisions) ❑ Sediment & Erosion Submittal At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative &Plat, done by a Certified Plan Designer, must be turned into ACHD Construction — Subdivision to be reviewed and approved by the ACHD Stormwater Division. ❑ 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 ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con. MAZ-07-004 9