HomeMy WebLinkAboutMarcon Parcel MI 02-007
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. 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
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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
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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
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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
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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
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""""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
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(I CENTRAL
.. DISTRICT
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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.
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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
/
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MAYOR
Robert D. Corrie
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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
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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/
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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
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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
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