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HomeMy WebLinkAboutMarcon Parcel MI 02-007 .~~.'" . AQW. Ada County Highway District Right-of Way & Development Department Planning Revii<W Division This application does not require Commission action and is approved at the staff level as of August 23, 2002. Tech Review for this item was held with the applicant on August 15, 2002. Please refer to Attachment for request for appeal guidelines. Staff contact: Joyce Newton, 208-387-617, jnewton@achd.ada.id.us cJ--.- File Number(s): MMI02-007/Private Road Site address: Northwest corner of North Linder Road and West Franklin Road Owner: Haz Tec Drilling Inc 1 WildwOod' Garden Valley, Idaho 83622 RECEIVED AUG 2 6 2002 Applicant: Elaine Martin 6336 East Hunt Avenue Nampa, Idaho 83687 , City of Meridian City Clerk Office Representative: Planning Services Becky Bowcutt 1100 E. Valli Hi Lane Eagle, Idaho 83616 Application Information The Ada County Highway District (ACHD) staff has received the above referenced application requesting private road approval to provide access to a landlocked parcel. The 13.8-acre site is located on the northwest corner of North Linder Road and West Franklin Road. The site has frontage on the Northern Pacific Railroad right-of-way but not on Linder Road. Acreage: Current Zoning: Proposed Zoning: Proposed use: 13.8 IL No change Storage area for concrete barriers Vicinity Map MMI02-007/pr;vate road nw/c Linder Road, Fra~klin Road .30-fOqt,~eiii~'.,t 24-fd~t'piiV$.tEHn'i1Id; ~ 1 w-+-, , ~. A. Findings of Fact 1. Trip Generation: This development is estimated to generate additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The trips per day will be calculated when a development application is submitted. 2. Impact Fees: The impact fee rate from the fee tables for this will based on the impact fee ordinance in effect at this time. The impact fee rate will be calculated when a development application is submitted. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information:" The site is current undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Northem Pacific Railroad/Residential b. South: Cafarelli Commercial Subdivision/Franklin Road c. East: Haz Tech Commercial d. West: Undeveloped parcels/ResidentiallAgricultural 6. Impacted Roadway(s) North Linder Road: Frontage: o (actual frontage) 30-foot easement granted by Haz Tech Minor Arterial South of Franklin Road was 8,556 on 7/31/01 Functional Street Classification: Traffic count: Level of Service: Speed limit: lie" 35-mph 7. Roadway Improvements Adjacent To and Near the Site Linder Road has 2-travellanes with sidewalk abutting the site. 8. Existing Right-of-Way There is 85"feet'Of'existingriglltrof-way on Linder Road. 9. Site History \Existing Access to the Site ACHD approved an application for Haz Tech's commercial building (MSPR-14-98) with a driveway located at the south property line of the site on Linder Road. This is the location of the 30-foot easement granted to this applicant for access to the landlocked parcel. 11. Five Year Work Program Linder Road from Franklin Road to Ustick Road is in the District's Five-year Work Program (FY 03- 07) for a 3-lane urban street section plus bike lanes. curb. gutter and sidewalk. Project schedule is as follows; 2005 for profession services. 2006 for the acquisition of right-of-way and 2007 for construction and utilities. 2 .~ B. Findings for Consideration 1. Private Streets District policy 7205.6, requires that other jurisdictions in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. The applicant is proposing to locate a private road (24-feet in width) over the 30-feet easement (granted by Haz Tech) that runs from the west end of the driveway taking access off Linder Road. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: ~ Dedicate a minimum of 50-feet of right-of-way for the road. ~ Construct the roadway to the minimum ACHD requirements. C. Site Specific Conditions of Approval 1. In September 23, 1998, ACHD approved the driveway located at the south property line of the site on Linder Road, for application MSPR-14-98. The private road location is approved as proposed. 2. 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 d~va1opmenbContact CQRStruction Seryices at 387-9~8() (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 Construction Services at 387-6280 (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. 3 f k 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (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'CountyHighway District. . The'burdenshlillt 'beupotrtheapplicant 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 prope,rty 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. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments ,1. Vicinit}'.Map 2. Site Plan 3. Appeal Guidelines 4 "!< ~. Request for Reconsideration Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the 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 smnmary 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 , nJ~lytQ the notice of appeal. A copy of the decision being appealed, the notice of appeal and the rep'fy-shaTIOeUaeuvereafolhe-CommissiOllllt least one (I) 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. 5 ",,~',:",',in:!':':!!!i!!::!i;( L, ':dll!ill!ilir , """"Meridian Joseph Silva Deputy Chief Meridian Fire Department 540 E. Franklin Rd. Meridian, Id 83642 (208) 888,1234 Fax (208)"il~~UrnW~0 iml:, ' August 13, 2002 TO: Meridian Planning & Zoning COmmiSSi~O FROM: Joseph Silva, Deputy Chief, Fire Prevention . SUBJECT" Marcon Parcel File- MI 02-007 The following are the requirements to provide minimum fire protection: : 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix ill-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat 2. All roads shall have a 28' inside radius and 48' outside radius. 3. Final approval of fire hydrant locations (if any ) shall by the Fire Department 4. The roadway shall be posted "No Parking Fire Lane". UFC 902.2.1 RECEIVED AUG 1 5 2002 . qty Of Meridi City Cler'- ^"'" an . .... vuzce . . . . . . . . . . . . . . . . . . . . . . . . , ;!II;iiiili;, ' <lid;;:':' il'UiiJi" T&~I.~~ ....'.iIf~1r8 '. ".,;,;,!'!i',:" (I CENTRAL .. DISTRICT rwrti~kr~ CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return 10: o Boise DEagle o Garden City ~elidian DKuna DACZ Star Rezone # Conditional Use # Preliminary! Final! Short Plat This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 central water Run-off Is not to create a mosquito breeding problem. .This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. p-. 02. 03. 04. 05. 06. 07. 08. 09. 010. 011. M! 0,)... - 00 7 ($;;l....._........ M_kv We have No Objections to this Proposal. . . c.. ~ ~; '"'11),'1/1: .. I '~' .1 _ ,'/' We recommend Denial of this Proposal. CITY OF ME~;; . CITV (', c:::, IAI'I/ Specific knowledge as to the exact type of use must be provided before we can comment on tI'1is PildJjo€aF/=" r F - We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from onginal grade 0 other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store 014. o child care center Date: bb.12Z.. Reviewed By: L--;;:/~&7d COHO 9100 110:: Review Sheet / / MAYOR Robert D. Corrie i- ~'~;' '.:''''''i'''~<dG. . ,~ r"'~__'~ 'it: i"t.. 7JJ""'" cUe;;dl;~'~~t; ;., , IDAHO I~. A .7 '. k . " . ~ L~TRI,~o;;t'<I':V~ 'SINe! '190J LEGAL DEPARTMENT (::08) :'88-2~99' Fax 288-:!:5iJl CITY COUNCIL IvIE~IBERS Tammy ucWccnJ William L. M. Nary Cherie 1\kCmdless Keith Biru PARKS & RECREATION ('208888-3579. Fax 898-5501 PUBLIC WORKS (208) 898.5500 .Fa.'.; 887-12')7 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZON1NG (108) 88.J.-5533. Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29, 2002 Transmittal Date: August 6, 2002 Hearing Date: September 3, 2002 File No.: MI 02-007 Request: Request for approval of a 24 foot private road to the landlocked Marcon parcel By: Elaine Martin Location of Property or Project: NW corner of North Linder Road & West Franklin Road David Zaremba, PIZ (No VAR. VAC, FP) Jerry Centers, PIZ (No VAR. VAC, FP) Leslie Mathes, PIZ (No VAR. VAC, FF) Keven Shreeve, PIZ (No VAR. VAC, FP) Keith Borup, PIZ (No VAR, VAC, FF) Robert Corrie, Mayor Bill Nary, CIC Tammy deWeerd, CIC Keith Bird, CIC Cherie McCandless, CIC v Water Department Sewer Department Sanitary Serv ice (No VAR. VAC, FP) Building Department Your Concise Remarks: Fire Department Police Department tv"'" City Attomey City En9ineer City Planner Parks Department Meridian School District (NoFF) Meridian Post Office {FPIPP "'M Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian irrig. District Settlers Irrigation District Idaho Power CO. (FP"'P onM U.S. West (FPIPP onM Intermountain Gas (FPlPPonM Bureau of Reclamation (FPIPP_ Idaho Transportation Department (NoFF) Ada County (AZ_ RECEIVED AUG 1 3 2002 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888-4433' Fax (208) 887.4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884.8723 City of Meridian City Clerk Office MAYOR Robert D. Corrie '~ "CI ., '.'..~."''i!>"~. ~ ~~-~~ ,iik_,-!'IF1ff'j;~ cU;;;dl;~~ff.}";\ ~_~T,":::"Hv~",~~ ',1903 LEGAL DEPARTMENT (~08) 288-2-1-99 . Fax 288-2501 CITY COUNCIL MEMBERS Tammy deWeeru William L M. Nary Cherie McCandless Keith Bird PARKS & RECREATION (208888-3579. Fax 898-5501 PUBLIC WORKS (208) 898.5500 .Pax 887-1297 BUILDING DEPARTMENT (208) 887-221l. Fax 887-1297 PLANNING AND ZONING (,08) 88.-5533 . Fax 888.6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29, 2002 Transmittal Date: August 6, 2002 Hearing Date: September 3, 2002 File No.: MI 02-007 Request: Request for approval of a 24 foot private road to the landlocked Marcon parcel By: Elaine Martin Location of Properly or Project: NW comer of North Linder Road & West Franklin Road David Zaremba, PIZ (No VAR, VAC./'P) Jerry Centers, PIZ (No VAR, VAC, /'P) Leslie Mathes, PIZ (No VAR. VAC,/'P) Keven Shreeve, PIZ (NoVAR. VAC,FP) Keith Borup, PIZ (No VAR. VAC, FP) Robert Corrie. Mayor Bill Nary, CIC Tammy deWeerd, CIC Keith Bird, C1C Cherie McCandless, C1C Water Department v Sewer Department Sanitary Service (No VAR. VAC,/'P) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No /'P) Meridian Post Office (I'PIPP onlY) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irri9, District Settlers Irrigation District Idaho Power CO, (FPIPP onlY) U.S. West (l'PlPPon/y/ Intermountain GaslA"'Pon/y/ Bureau of Reclamation (FPIPP on/y/ Idaho Transportation Department (No /'P) Ada County (AZ on/y/ .. IVif f! 1/ dYA\ - RECEIVED AUG - 9 2002 RE~~~D City of Meridian City Clerk Office CITY OF MERIDIAN V1ASTEWATER DEPT. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888.4433 . Fax (208) 887-4813 . City Clerk Omce Fax (208) 888-4218 . Human Resnurces Fax (208) 884-8723 RECEIVED AUG 2 ~ 2002 City of Meridian City Clerk Office ~&~1~'Z)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651,4395 FAX # 208-463,0092 August 9, 2002 phones: Area Code 208 OFFICE: Nompo 466-7861 SHOP: Nompo 466-0663 Will Berg, City Clerk eity-ofMeridian _. 33 East Idaho Meridian, ill 83642 Re: ME 02-007 Request for approval of a 24-foot private road to the landlocked Marcon parcel Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. Please contact Ms. Donna Moore, Asst. Secretary/Treasurer at the District's,main office at 466-7861. All laterals and waste ways must he protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the N ampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 931- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, a.etf;: ~:er Superintendent NAMP A & MERIDIAN IRRIGA nON DISTRICT BH:dln Cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS, 23,000 BOISE PROJEG RIGHTS' 40,000 RECEIVED AUG 2 0 2002 (c, (( \">-, : c."c/ 1'( 'I ....} City of Meridian City Clerk Office ~ & ~ 1~ *!)i4QUd 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651,4395 FAX # 208,463,0092 12 August 2002 Phones: Area Code 208 OFFICE: Nompo 466.7861 SHOP: Nompo 466.0663 Elaine Martin 6236 E. Hunt Avenue Nampa,ID 83687-8324 , -RE: "-'l:andUse'Change Applicatiorr=24-fo'OtPrivateRoact1othe landlol:kedMarcon Parcel' Dear Ms. Martin: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feei free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, f)t/UUL~. ~~ Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, Meridian City Haz-Tech Drilling, Inc., 1 Wildwood, Garden Valley. Idaho 83622 Becky Bowcutt Planning Services, 1100 E. Valli Hi Lane, Eagle, ID 83616 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 ,* Ada Count Highway District CHD Y g Y uavid E. Wynkoop, President 318 nave bivens i st vice President Garden City ID 83714-6499 Judy Peavey -Derr, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 Sherry R. Huber, Commissioner E-mail: tellus@ACHD.ada.id.us September 19, 2002 TO: Martin Swigert LLP RECEIVED 6263 E. Hunt Avenue SEP 2 3 2002 Nampa, Idaho 83687 City of 'Meridiar City Clerk Office SUBJECT: MCZC-02-038 Constrruction storage/contractors yard northwest corner of N. Linder Road and W. Franklin Road On August 22, 2002, the Ada County Highway District Commissioners acted on MMI02-007. The conditions and requirements also apply to MCZC-02-038. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, velopment Analyst Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Construction Services Drainage/Utilities Briggs Engineering 1800 W. Overland Road Boise, Idaho 83705 ACHD Ada CountyH' • Highway District Right -of -Way & Development ------------- Department Planning Review Division This application does not require Commission action and is approved at the staff level as of August 23, 2002. Tech Review for this item was held with the applicant on August 15, 2002. Please refer to Attachment for request for appeal guidelines. Staff contact. Joyce Newton, 208-387-617, jnewton@achd.ada.id.us File Number(s): MM102-007/Private Road Site address: Northwest corner of North Linder Road and West Franklin Road Owner: Haz Tec Drilling Inc 1 Wildwood Garden Valley, Idaho 83622 Applicant: Elaine Martin 6336 East Hunt Avenue Nampa, Idaho 83687 Representative: Planning Services Becky Bowcutt 1100 E. Valli Hi Lane Eagle, Idaho 83616 Application Information The Ada County Highway District (ACHD) staff has received the above referenced application requesting private road approval to provide access to a landlocked parcel. The 13.8-acre site is located on the northwest corner of North Linder Road and West Franklin Road. The site has frontage on the Northern Pacific Railroad right-of-way but not on Linder Road. Acreage: 13.8 Current Zoning: IL Proposed Zoning: No change Proposed use: Storage area for concrete barriers Vicinity Map MM102-007/private road nw/c Linder Road. Frnnld:., 0-4 N W E J A. Findings of Fact Trip Generation: This development is estimated to generate additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The trips per day will be calculated when a development application is submitted. 2. Impact Fees: The impact fee rate from the fee tables for this will based on the impact fee ordinance in effect at this time. The impact fee rate will be calculated when a development application is submitted. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: The site is current undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Northern Pacific Railroad/Residential b. South: Cafarelli Commercial Subdivision/Franklin Road c. East: Haz Tech Commercial d. West: Undeveloped parcels/Residential/Agricultural C 7 0 Impacted Roadway(s) North Linder Road: Frontage: Functional Street Classification Traffic count: Level of Service: Speed limit: 0 (actual frontage) 30-foot easement granted by Haz Tech Minor Arterial South of Franklin Road was 8,556 on 7/31/01 «C„ 35-mph Roadway Improvements Adjacent To and Near the Site Linder Road has 2-travel lanes with sidewalk abutting the site. Existing Right -of -Way There is 85-feet of existing right-of-way on Linder Road. 9. Site History \Existing Access to the Site ACHD approved an application for Haz Tech's commercial building (MSPR-14-98) with a driveway located at the south property line of the site on Linder Road. This is the location of the 30-foot easement granted to this applicant for access to the landlocked parcel. 11. Five Year Work Program Linder Road from Franklin Road to Ustick Road is in the District's Five-year Work Program (FY 03- 07) for a 3-lane urban street section plus bike lanes, curb, gutter and sidewalk. Project schedule is as follows; 2005 for profession services, 2006 for the acquisition of right-of-way and 2007 for construction and utilities. 2 B. Findings for Consideration Private Streets District policy 7205.6, requires that other jurisdictions in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. The applicant is proposing to locate a private road (24-feet in width) over the 30-feet easement (granted by Haz Tech) that runs from the west end of the driveway taking access off Linder Road. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: ➢ Dedicate a minimum of 50-feet of right-of-way for the road. ➢ Construct the roadway to the minimum ACHD requirements. C. Site Specific Conditions of Approval 1. In September 23, 1998, ACHD approved the driveway located at the south property line of the site on Linder Road, for application MSPR-14-98. The private road location is approved as proposed. 2. 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 Construction Services at 387-6280 (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, other required permits), which incorporates any requiired design changes issuance of building permit (or 3 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to 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 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 The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 4 Request for Reconsideration 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. 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. 5 a -------------- ' Vie � �a�a ®®a O e i ! • � �� W gp a� 8 ri ^A�'E� ° p r• `'IIII li,� r rtr ) :,Iili i T i 1 1 I 1 , -� �------------- /----- ------' ; ---------- ---lax ----7 ------------ r---------------------- P-Pt 1 1 --��I ----------Ji 1 ' .' wy i{1 N n is. .. .. . .... .. ...... 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