HomeMy WebLinkAboutACHD ROW Acquisition Discussn
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ACHD PLANNING
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INTER-OFFICE MEMO
Ada County Highway District
Right-of-Way & Development Services Department
To:
Elected Officials
City & County Planning Departments
Bruce Mills. Right-of-Way & Development Services Manager ~
Resolution - For Inclusion with Previously Faxed Memo & Letter
December 30, 2002
From:
Subject:
Oops! I forgot to fax along the resolution with my memo and letter of December 27.
II is faxed herewith. Sorry for the inconvenience.
Thank you for your assistance (again).
If there are questions, please call me at 387-6185.
bgml
RECEIVED
DEC 30 2002
City of Meridian
City Clerk Office
DEC 30 '0208:34
208 387 6393
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ACHD PLANNING
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RECEIVED
DEC 30 2002
PROPOSED BY: Riaht-of-Wav & Develooment Services
City of Meridian
City Clerk Office
RESOLUTION NO.-
PROPOSING LIMITATIONS TO DEVELOPMENT OFFSET REIMBURSEMENTS
FOR RIGHT-OF-WAY DEDICATION AND CONSTRUCTION
WHEREAS, Ada County Highway District Policy 7203.4.3 allows the District to
compensate development for additional dedicated right-of-way along collector and arterial
streets, if impact fee funds are available in the appropriate service area; and
WHEREAS, the District alao may compensate development for developer-
constructed system improvements along certain collector and arterial streets if funds are
available; and
WHEREAS, due to current fiscal constraints. the District does not have sufficient
aveilable funds to pursue reimbursements along all collector and arterial streets; and
WHEREAS, the District recognizes the importance of acquiring adequate right-of-way
for programmed construction projects;
NOW. THEREFORE BE IT RESOLVED that the Ada County Highway District directs
that the following language be included in all applicable staff reports for proposed developments:
Ada County Highway District (ACHD) Policy 7203.4.3 allows the District to compensate
development for additional dedicated right-of-way along eligible collector and arterial
streets, if impact fee funds are available in the appropriate service area. However, due
to current fiscal constraints, if said impact fee funds are not available, the District shall
only purchase additional right-of-way needed to accomplish funded projects listed in the
most currently adopted Five Year Work Program.
For other eligible projects listed in the adopted Capital Improvements Plan (CIP), the
District shall consider altemative options to accept dedication of additional right-of-way by
donation. future credit, or deferred compensation from future collected impact fees,
through an offset agreement with the Developer, or as otherwise approved by the Board
of Commissioners.
Similarly, if impact fee funds are not available, the District shall not enter into any
agreements to jointly fund developer-constructed system improvements. The only
exception, which shall require pre-approval from the ACHD Board of Commissioners,
would allow the District to credit back impact fees collected from the Developer for the
particular project, if it is listed in the most currently adopted Five Year Work Program.
Developers are encouraged to construct sidewalks in an easement outside of the
existing right-of-way where practical, et the ultimate right-of-way location, or to place
funds in a road trullt account for future sidewalk construction.
BE IT FURTHER RESOLVED that this resolution shall remain in effect from the time
of adoption, until September 30, 2003. unless otherwise modified by the Ada County Highway
District Board of Commissioners. (.+he.."" S'3"",,-~"'-v-e ","'-y.. ).
DEC 30 '02 08:35
208 387 5393
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Ada County Highway District
INTER-OFFICE MEMO
Righr-oj-Way & Development Services Department
To:
Elected Officials
City & County Planning Departments
Bruce Mills, Right-of-Way & Development Services Manager ~
Resolution - For Inclusion with Previously Faxed Memo & Letter
December 30, 2002
From:
Subject:
Oops! I forgot to fax along the resolution with my memo and letter of December 27.
It is faxed herewith. Sorry for the inconvenience.
Thank you for your assistance (again).
If there are questions. please call me at 387-6185.
bgml
DEC 30 '02 08:34
208 387 6393
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PROPOSED BY: Riaht-of-Wav & Develooment Services
RESOLUTION NO.-
PROPOSING LIMITATIONS TO DEVELOPMENT OFFSET REIMBURSEMENTS
FOR RIGHT-OF-WAY DEDICA nON AND CONSTRUCTION
WHEREAS, Ada County Highway District Policy 7203.4.3 allows the District to
compensate development for additional dedicated right-of-way along collector and arterial
streets. if impact fee funds are available in the appropriate service area; and
WHEREAS, the District also may compensate development for developer-
constructed system improvements along certain collector and arterial streets if funds are
available; and
WHEREAS, due to current fiscal constraints. the District does not have sufficient
available funds to pursue reimbursements along all collector and arterial streets; and
WHEREAS, the District recognizes the importance of acquiring adequate right-of-way
for programmed construction projects;
NOW. THEREFORE BE IT RESOLVED that the Ada County Highway District directs
that the following language be included in all applicable staff reports for proposed developments:
Ada County Highway District (ACHD) Policy 7203.4.3 ellows the District to compensate
development for additional dedicated right-of-way along eligible collector and arterial
streets, if impact fee funds are available in the appropriate service area. However, due
to current fiscal constraints. if said impact fee funds are not available, the District shall
only purchase additional right-of-way needed to accomplish funded projects listed in the
most currently adopted Five Year Work Program.
For other eligible projects listed in the adopted Capital Improvements Plan (CIP), the
District shall consider alternative options to accept dedication of additional right-of-way by
donation, future credit. or deferred compensation from future collected impact fees,
through an offset agreement with the Developer, or as otherwise approved by the Board
of Commissioners.
. .
Similarly. if impact fee funds are not available. the District shall not enter into any
agreements to jointly fund developer-constructed system improvements. The only
exception, which shall require pre-approval from the ACHD Board of Commissioners.
would allow the District to credit back impact fees collected from the Developer for the
particular project, if it is listed in the most currently adopted Five Year Work Program.
Developers are encouraged to construct sidewalks in an easement outside of the
existing right-of-way where practical, at the ultimate right-of-way location, or to place
funds in a road Iru! t account for future sidewalk construction.
BE IT FURTHER RESOLVED that this resolution shall remain in effect from the time
of adoption, until September 3D, 2003. unless otherwise modified by the Ada County Highway
District Board of Commissioners. ( -t he..,,", S ;, j '" <0. ~"'Ire ""? ",-:y- ')-
DEC 30 '0208:35
PAGE. 02
208 387 6393
Glacier
Page 1 of 1
Sharon Smith
From: Gary Smith [smlthg@ci.meridian.id.us
Sent: Thursday, December 19. 2002 11:19 AM
To: Mayor Robert Corrie (E-maiO
Cc: Brad Hawkins-Clark (E-maiO; Will Berg Jr. (E-maiO; Sharon Smith (E-maiO
Subject: ACHD RIW Acquisition
Good Morning Mayor:
David McKinnon and I attended the ACHD Commission meeting at noon yesterday to listen to the
discussion on the referenced subject. After some discussion by the Commission and testimony by two
individuals in the audience, the Commission voted to continue this matter to their January 8, 2003
meeting in anticipation of receiving comments from others in the meantime. The following
correspondence was referenced yesterday by ACHD and we need to have it, unless we (you) already
do: Bruce Mills memo to the ACHD Commission dated December 11,2003; WH Moore letter to the
Commission (copy obtained by David from Jonathan Seel at the meeting, which I will send to you); . and
the ACHD Resolution for this matter previously prepared by ACHD staff. Bruce Mills said he would be
sending a copy of the Resolution to all Ada County cily Mayors and Council Presidents to make sure they
have it. I am not sure what actions, if any, Meridian has taken to respond to this Resolution however, if
comments have not been sent to them it appears that this subject should be discussed by us prior to
ACHD's January 8 meeting so that formal comments can be sent to them for their consideration. Can
this subject be placed on the pre-council or regular meeting agenda for the January7 Council meeting?
Gary
Gary D. Smith, PE
Public Works Director
Meridian Public Works Department
660 E. Watertower Ln., Ste.200
Meridian, Idaho 83642
Phone 208-898-5500; Fax 208-887-1297
e-mail: smithg@meridiancitv.ora
12/19/2002
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Ada County Highway District
INTER-OFFICE MEMO
Right-of- Way & Development Services Department
To:
ACHD Commissioners
J. Schweitzer. Director
December 11, 2002
From:
Bruce Mills, Right-of-Way & Development Services Manager
Proposed Limitations to Development Offset Reimbursements
For Right-of-Way Dedication and Construction
RECEIVED
DEC 9 2002
City Of Meridian
City Clerk Office
Subject:
Backaround
ACHD policy 7203.4.3 requires development that abuts a collector or arterial street to dedicate right-of-way
along their property frontage, and to provide a sidewalk along their paved frontage. Policy requires a right-
of-way half-width of 35 feet for collectors or 48 feet for arterials (or 45 feet for section line roads). Dedicated
right-of-way is normally purchased by ACHD as an offset to impact fees imposed on the development, using
available impact fee revenues collected within the designated service area where the development lies.
Recently. impact fee refunds for individual assessments have risen sharply. As a result, three of the eight
service areas currently have a zero or negative balance. Additional refunds are currently being processed
that will exacerbate this situation. At the present time, approximately $1.6 million of the $2.175 million
budgeted for FY2003 has been spent or committed for corridor preservation and impact fee offsets. While it
is recognized that purchasing right-of-way for future road improvements is extremely important, the shrinking
impact fee and general fund balances indicate the need to prioritize our development offset reimbursements.
Our present practice has been to purchase from the developer the ultimate right-of-way width for the
functional classification of the road, for all collectors, arterials and section line roads. The developer is then
required to construct a sidewalk within two feet of the new, ultimate right-of-way line.
Options
The following alternatives are listed for consideration:
1. Continue existing practice, unaltered.
Pros: We continue to purchase right-of-way for all future improvements to collectors and arterials, and the
developer puts the sidewalk in its ultimate location. Buildings and other improvements are constructed
far enough away from the road to avoid future conflicts and associated expenses with road widening.
Cons: Without available impact fee funds, right-of-way must be purchased with unbudgeted general
funds. Otherwise. right-of-way is not purchased, and sidewalks must either be road-trusted or built on
private property. Future costs for removing improvements from the ultimate right-of-way area may be
significant.
2. Purchase rlght~of-way from only high priority, programmed projects (i.e., only projects on CIP,
or FYWP).
Pros: High priority programmed projects will be taken care of. The financial hit on the general fund will
not as significant as buying right-of-way for all collectors and arterials.
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Cons: Future right-of-way and construction costs will be higher for all projects that we don't buy right-of-
way for now. Construction of sidewalks along those developments may not happen.
Sidewalk issue
While ACHD currently exacts the sidewalk construction from developers, without the ultimate right-of-way
purchased, the options are to have the developer put funds in a road trust account (must be spent in 7-10
years), or have the developer "volunteer" to build in the ultimate location on private property. This will require
coordination with other agencies, and may require legal opinion regarding the taking issue. Staff is currently
coordinating this possibility with other agencies.
Offsets for Develooer-ConstructedSvstem Imorovements
ACHD has occasionally reimbursed developers for developer-constructed system improvements, whereby a
developer constructs system improvements on collector or arterial streets and receives credit from ACHD in
the form of an offset of the impact fees collected. However, due to current fiscal constraints, it is proposed to
suspend this practice, with any exceptions requiring Commission approval.
Recommendation
Staff recommends adoption by resolution of the following language to be included in all applicable staff
reports:
Ada County Highway District (ACHD) Policy 7203.4.3 allows the District to compensate developers
for additional dedicated right-of-way along collector and arterial streets, if impact fee funds are
available in the appropriate service area. However. due to current fiscal constraints, if said impact fee
funds are not available, the District shall only purchase additional right-of-way needed to accomplish
funded projects listed in the most currently adopted Five Year Work Program.
For other projects listed in the adopted Capital Improvements Plan (CIP), the District shall consider
alternative options to accept dedication of additional right-of-way by donation, future credit, or
deferred compensation from future collected impact fees. through an offset agreement with the
Developer, or as otherwise approved by the Board of Commissioners.
Similarly, if impact fee funds are not available, the District shall not enter into any agreements to
jointly fund developer-constructed system improvements. The only exception, which shall require
pre-approval from the ACHD Board of Commissioners. would allow the District to credit back impact
fees collected from the Developer for the particular project, if it is listed in the most currently adopted
Five Year Work Program.
Developers are encouraged to construct sidewalks in an easement outside of the existing right-of-
way where practical, at the ultimate right-of-way location. or to place funds in a road trust account for
future sidewalk construction.
bgml
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RECEIVED
DEC 1 9 2002
PROPOSED BY: Rloht-of-Wav & Develooment Services
City Of Meridian
City Clerk Office
RESOLUTION NO.-
PROPOSING LIMITATIONS TO DEVELOPMENT OFFSET REIMBURSEMENTS
FOR RIGHT -OF.WAY DEDICATION AND CONSTRUCTION
WHEREAS, Ada County Highway District Policy 7203.4.3 allows the District to
compensate development for additional dedicated right-of-way along collector and arterial
streets, if impact fee funds are available in the appropriate service area; and
WHEREAS, the District also may compensate development for developer-
constructed system improvements along certain collector and arterial streets if funds are
available; and
WHEREAS, due to current fiscal constraints, the District does not have sufficient
available funds to pursue reimbursements along all collector and arterial streets; and
WHEREAS, the District recognizes the importance of acquiring adequate right-of-way
for programmed construction projects;
NOW, THEREFORE BE IT RESOLVED that the Ada County Highway District directs
that the following language be inciuded in all applicable staff reports for proposed developments:
Ada County Highway District (ACHD) Policy 7203,4.3 allows the District to compensate
development for additional dedicated right-of-way along collector and arterial streets, if
impact fee funds are available in the appropriate service area. However, due to current
fiscal constraints, if said impact fee funds are not available, the District shall only
purchase additional right-of-way needed to accomplish funded projects listed in the most
currently adopted Five Year Work Program.
For other projects listed in the adopted Capital Improvements Plan (CIP), the District
shall consider alternative options to accept dedication of additional right-of-way by
donation, future credit, or deferred compensation from future collected impact fees.
through an offset agreement with the Developer, or as otherwise approved by the Board
of Commissioners.
Similarly, if impact fee funds are not available, the District shall not enter into any
agreements to jointly fund developer-constructed system improvements. The only
exception, which shall require pre-approval from the ACHD Board of Commissioners,
would allow the District to credit back impact fees collected from the Developer for the
particular project, if it is listed in the most currently adopted Five Year Work Program.
Developers are encouraged to construct sidewalks in an easement outside of the
existing right-of-way where practical, at the ultimate right-of-way location, or to place
funds in a road trust account for future sidewalk construction.
BE IT FURTHER RESOLVED that this resolution shall remain in effect from the time
of adoption, until September 30.2003, unless otherwise modified by the Ada County Highway
District Board of Commissioners.
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ADOPTED AND APPROVED by the Commissioners of the Ada County Highway District this
~ day of ,2002.
BOARD OF COMMISSIONERS
David E. Wynkoop, President
Dave Bivens, First Vice President
Judy Peavey-Derr. Second Vice President
Susan S. Eastlake, Commissioner
Sherry R. Huber, Commissioner
ATTEST:
William J. Schweitzer, Director
APPROVED AS TO FORM:
Steven Price, ACHD General Counsel
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From:
W H Moore Company
RECEIVED
DEC 9 2002
City Of Meridian
City Clerk Office
December 16, 2002
Comments re: ACHD r/w acquisition policy memo of December 11
I don't understand the underlined part of the following 2nd paragraph of the proposed standard
staff report language:
"~or other projects listed In the adopted Capitallmproveinents Plan (CIP). the District
shall consider alternative options to accept dedication of additional right-of-way by
donation, future credit. or deferred compensation from future collected impact fees...."
Future credit against what? Is this credit different from "deferred compensation from
future collected impact fees"?
I would also suggest changing this language as follows:
"For other projects listed in the adopted Capital Improvements Plan (CIP), ê
alternatives to purchasina such riaht-of-wav. the District shall consider e)3tiGRs..!a
acceptjQg dedication of additional right-of-way by donation, f{ tllre Bredlt, or in exchanae
fQr,deferred compensation from future collected impact fees...."
I would suggest changing the third paragraph as follows:
"Similarly. if impact fee funds are not available. the District shall not enter into any
agreements to jointly fund developer~constructed system improvements unless such
Improvements are listed in the most currentlY adooted Five Year Work Proaram and
then onlv oursuant to an aareement in which the Districfs share of such cost and its
reimbursement thereof to the developer. is funded by imoact fees colleèted from oroiects
wfthinthe subject development Anv such aareement The enJYBxceptisn, Wl:liSR shall
require pre-approval from the ACHD Board of Commissioners, wayl!! 9119\'1 IRe gislrlBt Ie
sredit basil IMpact flies Bsllested fl:eM IRe ga','Glaper fer tI:Ie particular project, if it is
liste!! in the FRS&1 SUF1'BRlly a!!S¡Med Five Year '.^.lei'll Pr:agFaFR."
The following additional paragraph would be useful clarification:
"Anv arranGement involvinG donation of riaht-of-wav or deferred c.omoensation to the
develooer for riaht-of-wav or svstem improvements shall be onlY at the developer's
reQuest. and no such arranaement shall be a condition to ACHD's aporoval of the
sublect develoDment."
Jeff
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