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HomeMy WebLinkAboutACHD Comments• f ~~~] ~ionunvc. ~ `caf!~o ~it~v~ico July 7, 2008 To: Meridian Library District 1362 W. Cherry Lane Meridian, Idaho 83642 Subject: MRZ08-002 Library Parking Lot 1727 N. Leisure Lane Carol A. McKee, President Sherry R. Huber, 1~ Vice President Dave Givens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Amold, Commissioner _a ~~. ~~~ ~ ~u~ r ;:~; ~ ~, , . ~ 200 ~~ On July 7, 2008, 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) 387-6171. Sincerely, ~u;r~, 71~. ,de.~.e~ Kristy Scovill Planner I Right-of-Way & Development Services Ada County Highway District CC: Project file Utilities City of Meridian Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us • • Right-of-Way & Development Services Department ~ _ ~~edxo S Project/File: Date: Lead Agency: Site address: M RZ-08-002 This application is for a rezone application for a parking lot on approximately . 55 acres. July 7, 2008 City of Meridian 1727 N. Leisure Lane Applicant: Meridian Library District 1362 W. Cherry Lane Meridian, ID 83642 Staff Contact: Kristy Scovill Phone: 387-6171 E-mail: kscovill _achd.ada.id.us Tech Review : July 1, 2008 Application Information: Acreage: .55 Current Zoning: R-4 Proposed Zoning: L-O Public Lots: 1 A. Findings of Fact Existing Conditions 1. 2. Site Information: The site is currently vacant. Description of Adjacent Surrounding Area: Direction Land Use Zonin North Medium low-Densit Residential District R-4 South Limited Office L-O East Medium low-Densit Residential District R-4 West Medium low-Densit Residential District R-4 1 MRZ08-002 • • 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site • Cherry Lane is a principal arterial roadway that is currently improved with 5 travel lanes and vertical curb, gutter, and sidewalk across from and abutting the site. There is 80-feet of right-of- way existing for Cherry Lane (40-feet from centerline). • Leisure Lane is a private roadway that is currently improved with 2 travel lanes, gravel shoulders, and no curb, gutter, or sidewalk abutting the site. There is extruded curb along the east side of the roadway. 4. Existing Access: This property contains the main entrance for Leisure Lane. There is one defined access point to the residential portion of the property. 5. Site History: ACHD has not previously reviewed this site for a development application. Development Impacts 6. Trip Generation: This development not expected to generate any additional vehicle trips per day. 7. Impact Fees: 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. 8. Traffic Impact Study: A traffic impact study was not required with this application. 9. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Cherry Lane 42' Principal Arterial 22,187 east of Better than "C" 35 MPH Linder Road on 9/25/2007 24, 961 west of Meridian Road on 2/13/2008 Leisure Lane 290' Private Road N/A N/A N/A `Acceptable level of service for afive-lane principal arterial roadway is "E" (37,000 VTD) 10. Capital Improvements Plan/Five Year Work Plan: The following roadway improvements are scheduled in the Five Year Work Plan: • Linder Road from Franklin Road to Ustick Road is scheduled to be widened to 5 lanes with curb, gutter, sidewalk and bike lanes between 2009 and 2013. The following roadway improvements are scheduled in the Capital Improvement Plan (CIP): • Cherry Lane from Linder Road to N. Meridian Road is scheduled in the CIP to be widened to 7 lanes between 2019 and 2028. • The intersection at Cherry Lane and Linder Road is scheduled to be signalized between 2019 and 2028. 2 M RZ08-002 • • B. Findings for Consideration This application is for a rezone application only. Detailed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements maybe levied with a specific redevelopment application). Cherry Lane Right-of-Way Policy: District policy requires 120-feet of right-of-way for 7-lane principal arterial roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 7-lane roadway with curb, gutter, and 5-foot detached sidewalks. Applicant's Proposal: The applicant is not proposing any improvements to Cherry Lane. Staff Comment/Recommendation: The applicant will be required to dedicate 60-feet of right-of- way from the centerline of Cherry Lane abutting the parcel. No additional street improvements will be required with this application, as the roadway is already fully improved. 2. Leisure Lane Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of--way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. Roadway Section Policy: 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. Private Road Policy: District policy 7205.6 states 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. Applicant's Proposal: The applicant is not proposing any improvements to Leisure Lane. Staff Comment/Recommendation: City of Meridian staff has expressed interest in Leisure Lane becoming a public street. If the City of Meridian requires Leisure Lane become a public street, the roadway should be constructed as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk abutting the proposed parking lot. The applicant will be required to dedicate 42-feet of right of way for the first 160-feet of the parcel from the property line at Cherry Lane north. The applicant will be required to dedicate 50-feet of right-of-way abutting the site for the remainder of the property. 3. Driveways 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. 3 MRZ08-002 • Local Roadway Access Policy: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). Commercial 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. Applicant's Proposal: The applicant is proposing one driveway access to intersect Leisure Lane with an undetermined width. Staff Comment/Recommendations: If Leisure Lane becomes a public street, the applicant shall be required to pave the driveway its full widths and at least 30-feet into the site beyond the edge of pavement abutting the existing roadway edge. The driveway access shall be restricted to a maximum width of 36-feet and shall align centerline to centerline with the driveway to the east. 4. Tree Planters Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. C. Site Specific Conditions of Approval This application is fora rezone, annexation, and comprehensive plan amendment only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements maybe levied with a specific redevelopment application). Dedicate 60-feet of right-of-way from the centerline of Cherry Lane abutting the parcel. 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 or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 2. If the City of Meridian requires Leisure Lane to be constructed as a public street, then dedicate 42- feet of right of way for the first 160-feet of the parcel from the property line at Cherry Lane north. Dedicate 50-feet of right-of-way abutting the site for the remainder of the property. 3. If the City of Meridian requires Leisure Lane to be constructed as a public street, then construct Leisure Lane as a 36-foot street section with a minimum pavement width of 32-feet with curb, gutter and 5-foot concrete sidewalk abutting the proposed parking lot. 4. If the City of Meridian requires Leisure Lane to be constructed as a public street, then construct one driveway access to intersect Leisure Lane a maximum width of 36-feet and aligned centerline to centerline with the driveway to the east. 5. Pave the driveways its full width and at least 30-feet into the site beyond the edge of pavement. 4 M RZ08-002 • C~ 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 rig ht-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. 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 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 ACRD 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 are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 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 (1-811-342-1585) 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. 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. 5 MRZ08-002 • • E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD 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. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordination 4. Request for Reconsideration Guidelines OR Appeal Guidelines 5. Development Process Checklist 6 MRZ08-002 • j"~~ . `A 1h N ~ ~ ~~ ~ ~3 ~ t ~ ~ .~ ~I ~o ~~ ~ ~ ~~ ~~ ~ ~ ~ Q' 3 ~. V ~ Q •. y h O n • M --1 ~ ~av~s ~ ~7 v J ~. ~~ x ~. 3 ~ ''~, a1 -9 4~ ~ N ~~ H 3 ~ .Q p 4 7~. ~ MRZ08-002 • Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and fo clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for a-mail notification information. 8 MRZ08-002 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 two (2) sets 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 sf 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 ACRD Construction -Subdivision to be reviewed and approved by the ACHD Drainage 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 aPre-Con. 9 MRZ08-002 • 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. 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. 10 Mi'tZ08-002 • . Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACRD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACRD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. ~°~ MRZ08-002 Right-of-Way & Development Services Department ~~~ ~' i ~---o ~ ~ '".- .~ U L 0 7 200 ~„~,.~~cx~ ~;~ vI i~~ Ur ~E~st7iAN r.,ITY CLERK C7FFt~~ Project/File: Date: Lead Agency: Site address: Applicant: M RZ-08-002 This application is for a rezone application for a parking lot on approximately .55 acres. July 7, 2008 City of Meridian 1727 N. Leisure Lane Meridian Library District 1362 W. Cherry Lane Meridian, ID 83642 Staff Contact: Kristy Scovill Phone: 387-6171 E-mail: kscovill(a~achd.ada.id.us Tech Review : July 1, 2008 Application Information: Acreage: .55 Current Zoning: R-4 Proposed Zoning: L-O Public Lots: 1 A. Findings of Fact Existing Conditions 1. 2. Site Information: The site is currently vacant. Descriation of Adjacent Surroundina Area: Direction Land Use Zonin North Medium low-Densit Residential District R-4 South Limited Office L-O East Medium low-Densit Residential District R-4 West Medium low-Density Residential District R-4 MRZ08-002 3. Existing Roadway Improvements and Right-of--Way Adjacent To and Near the Site • Cherry Lane is a principal arterial roadway that is currently improved with 5 travel lanes and vertical curb, gutter, and sidewalk across from and abutting the site. There is 80-feet of right-of- wayexisting for Cherry Lane (40-feet from centerline). • Leisure Lane is a private roadway that is currently improved with 2 travel lanes, gravel shoulders, and no curb, gutter, or sidewalk abutting the site. There is extruded curb along the east side of the roadway. 4. Existing Access: This property contains the main entrance for Leisure Lane. There is one defined access point to the residential portion of the property. 5. Site History: ACHD has not previously reviewed this site for a development application. Development Impacts 6. Trip Generation: This development not expected to generate any additional vehicle trips per day. 7. Impact Fees: 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. 8. Traffic Impact Study: A traffic impact study was not required with this application. 9. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Cherry Lane 42' Principal Arterial 22,187 east of Better than "C" 35 MPH Linder Road on 9/25/2007 24,961 west of Meridian Road on 2/13/2008 Leisure Lane 290' Private Road N/A N/A N/A *Acceptable level of service for afive-lane principal arterial roadway is "E" (37,000 VTD) 10. Capital Improvements Plan/Five Year Work Plan: The following roadway improvements are scheduled in the Five Year Work Plan: • Linder Road from Franklin Road to Ustick Road is scheduled to be widened to 5 lanes with curb, gutter, sidewalk and bike lanes between 2009 and 2013. The following roadway improvements are scheduled in the Capital Improvement Plan (CIP): • Cherry Lane from Linder Road to N. Meridian Road is scheduled in the CIP to be widened to 7 lanes between 2019 and 2028. • The intersection at Cherry Lane and Linder Road is scheduled to be signalized between 2019 and 2028. 2 MRZ08-002 B. Findings for Consideration This application is for a rezone application only. Detailed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements maybe levied with a specific redevelopment application). 1. Cherry Lane Right-of-Way Policy: District policy requires 120-feet of right-of-way for 7-lane principal arterial roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 7-lane roadway with curb, gutter, and 5-foot detached sidewalks. Applicant's Proposal: The applicant is not proposing any improvements to Cherry Lane. Staff Comment/Recommendation: The applicant will be required to dedicate 60-feet of right-of- way from the centerline of Cherry Lane abutting the parcel.. No additional street improvements will be required with this application, as the roadway is already fully improved. 2. Leisure Lane Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. Roadway Section Policy: 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. Private Road Policy: District policy 7205.6 states 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. Applicant's Proposal: The applicant is not proposing any improvements to Leisure Lane. Staff Comment/Recommendation: City of Meridian staff has expressed interest in Leisure Lane becoming a public street. If the City of Meridian requires Leisure Lane become a public street, the roadway should be constructed as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk abutting the proposed parking lot. The applicant will be required to dedicate 42-feet of right of way for the first 160-feet of the parcel from the property line at Cherry Lane north. The applicant will be required to dedicate 50-feet of right-of-way abutting the site for the remainder of the property. 3. Driveways 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. 3 M RZ08-002 Local Roadway Access Policy: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). Commercial 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. Applicant's Proposal: The applicant is proposing one driveway access to intersect Leisure Lane with an undetermined width. Staff Comment/Recommendations: If Leisure Lane becomes a public street, the applicant shall be required to pave the driveway its full widths and at least 30-feet into the site beyond the edge of pavement abutting the existing roadway edge. The driveway access shall be restricted to a maximum width of 36-feet and shall align centerline to centerline with the driveway to the east. 4. Tree Planters Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. C. Site Specific Conditions of Approval This application is for a rezone, annexation, and comprehensive plan amendment only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements maybe levied with a specific redevelopment application). 1. Dedicate 60-feet of right-of-way from the centerline of Cherry Lane abutting the parcel. 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 or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 2. If the City of Meridian requires Leisure Lane to be constructed as a public street, then dedicate 42- feet of right of way for the first 160-feet of the parcel from the property line at Cherry Lane north. Dedicate 50-feet of right-of-way abutting the site for the remainder of the property. 3. If the City of Meridian requires Leisure Lane to be constructed as a public street, then construct Leisure Lane as a 36-foot street section with a minimum pavement width of 32-feet with curb, gutter and 5-foot concrete sidewalk abutting the proposed parking lot. 4. If the City of Meridian requires Leisure Lane to be constructed as a public street, then construct one driveway access to intersect Leisure Lane a maximum width of 36-feet and aligned centerline to centerline with the driveway to the east. 5. Pave the driveways its full width and at least 30-feet into the site beyond the edge of pavement. 4 MRZ08-002 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 file number) 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 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 ACRD 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 are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACRD 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. 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. 5 M RZ08-002 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 transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordination 4. Request for Reconsideration Guidelines OR Appeal Guidelines 5. Development Process Checklist 6 MRZ08-002 • .~ ~ b~ lam' w N ~ ~ ~ ~ ~~ ~ ~ ~ ~ 4~ ~ ~3 ~ t ~ ~ ~~ ~~ ~~ ~ ~ N~ M z. ~ ~~ ~ ~ e ti~ ~' ` Q ~~ ~ ~y R h `1~ f1~` D ~ M :.' v~ ~. ~ ~~ ~. 3 ~ w.. ~ a o~~ N ~~ N _X ~ ~ `~.. ~1 r~ 7 M RZ08-002 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for a-mail notification information. 8 MRZ08-002 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 two (2) sets 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 Appooach(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 ACRD 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 sf 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 Drainage 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 ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 9 M RZ08-002 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 ACRD Policy Manual. 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. 10 MRZ08-002 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 11 MRZ08-002 July 7, 2008 To: Meridian Library District 1362 W. Cherry Lane Meridian, Idaho 83642 Subject: MRZ08-002 Library Parking Lot 1727 N. Leisure Lane Carol A. McKee, President Sherry R. Huber, 1't Vice President Dave Bivens, 20° Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner JUL 1 ZOpg CIF On July 7, 2008, 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) 387-6171. Sincerely, Kristy Scovill Planner I Right -of -Way & Development Services Ada County Highway District CC: Project file Utilities City of Meridian Ada County Highway District 9 3775 Adams Street • Garden City, ID • 83714 9 PH 2O8-387-6100 • FX 345-7650 • www.achd.ada.id.us Right -of -Way & Development Services Department lot D Project/File: MRZ-08-002 This application is for a rezone application for a parking lot on approximately .55 acres. Date: July 7, 2008 Lead Agency: City of Meridian Site address: 1727 N. Leisure Lane Applicant: Meridian Library District 1362 W. Cherry Lane Meridian, ID 83642 Staff Contact: Kristy Scovill Phone: 387-6171 E-mail: kscovill(a)-achd ada id us Tech Review: July 1, 2008 Application Information: Acreage: .55 Current Zoning: R-4 Proposed Zoning: L-O Public Lots: 1 A. Findings of Fact Existing Conditions 1. Site Information: The site is currently vacant. 2. Desch tion of Direction r orth outh ast est ,djacent Surround Land Use Medium low-Densi Limited Office Medium low-Densi Medium low-Densi Area: Residential District Residential District Residential District Zonin R-4 L-O R-4 R-4 1 MRZ08-002 3. Existing Roadway Improvements and Right -of -Way Adjacent To and Near the Site • Cherry Lane is a principal arterial roadway that is currently improved with 5 travel lanes and vertical curb, gutter, and sidewalk across from and abutting the site. There is 80-feet of right-of- way existing for Cherry Lane (40-feet from centerline). • Leisure Lane is a private roadway that is currently improved with 2 travel lanes, gravel shoulders, and no curb, gutter, or sidewalk abutting the site. There is extruded curb along the east side of the roadway. 4. Existing Access: This property contains the main entrance for Leisure Lane. There is one defined access point to the residential portion of the property. 5. Site History: ACHD has not previously reviewed this site for a development application. Development Impacts 6. Trip Generation: This development not expected to generate any additional vehicle trips day. per 7. Impact Fees: 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. 8. Traffic Impact Study: A traffic impact study was not required with this application. 9. Impacted Roadways: Roadway Frontage L Functional Traff�Coui­ntLev�of Speed Classification SLimit Cherry Lane 42' Principal Arterial 22,187 east of Better than "C" 35 MPH Linder Road on 9/25/2007 24,961 west of Meridian Road on 2/13/2008 Leisure Lane 1290' Private Road N/A N/A I N/A *Acceptable level of service for a five -lane principal arterial roadway is "E" (37,000 VTD) 10. Capital Improvements Plan/Five Year Work Plan: The following roadway improvements are scheduled in the Five Year Work Plan: • Linder Road from Franklin Road to Ustick Road is scheduled to be widened to 5 lanes with curb, gutter, sidewalk and bike lanes between 2009 and 2013. The following roadway improvements are scheduled in the Capital Improvement Plan (CIP): • Cherry Lane from Linder Road to N. Meridian Road is scheduled in the CIP to be widened to 7 lanes between 2019 and 2028. • The intersection at Cherry Lane and Linder Road is scheduled to be signalized between 2019 and 2028. 2 MRZ08-002 B. Findings for Consideration This application is for a rezone application only. Detailed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements may be levied with a specific redevelopment application). 1. Cherry Lane Right -of -Way Policy: District policy requires 120-feet of right-of-way for 7-lane principal arterial roadways (Figure 72-Fl B). This right-of-way width allows for the construction of a 7-lane roadway with curb, gutter, and 5-foot detached sidewalks. Applicant's Proposal: The applicant is not proposing any improvements to Cherry Lane. Staff Comment/Recommendation: The applicant will be required to dedicate 60-feet of right-of- way from the centerline of Cherry Lane abutting the parcel. No additional street improvements will be required with this application, as the roadway is already fully improved. 2. Leisure Lane Right -of -Way Policy: District policy 7204.4.1 and Figure 72-FlA requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. Roadway Section Policy: 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. Private Road Policy: District policy 7205.6 states 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. Applicant's Proposal: The applicant is not proposing any improvements to Leisure Lane. Staff Comment/Recommendation: City of Meridian staff has expressed interest in Leisure Lane becoming a public street. If the City of Meridian requires Leisure Lane become a public street, the roadway should be constructed as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk abutting the proposed parking lot. The applicant will be required to dedicate 42-feet of right of way for the first 160-feet of the parcel from the property line at Cherry Lane north. The applicant will be required to dedicate 50-feet of right-of-way abutting the site for the remainder of the property. 3. Driveways 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. 3 MRZ08-002 Local Roadway Access Policy: District policy 72-174 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). Commercial 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. Applicant's Proposal: The applicant is proposing one driveway access to intersect Leisure Lane with an undetermined width. Staff Comment/Recommendations: If Leisure Lane becomes a public street, the applicant shall be required to pave the driveway its full widths and at least 30-feet into the site beyond the edge of pavement abutting the existing roadway edge. The driveway access shall be restricted to a maximum width of 36-feet and shall align centerline to centerline with the driveway to the east. 4. Tree Planters Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. C. Site Specific Conditions of Approval This application is fora rezone, annexation, and comprehensive plan amendment only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements may be levied with a specific redevelopment application). 1. Dedicate 60-feet of right-of-way from the centerline of Cherry Lane abutting the parcel. 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 or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 2. If the City of Meridian requires Leisure Lane to be constructed as a public street, then dedicate 42- feet of right of way for the first 160-feet of the parcel from the property line at Cherry Lane north. Dedicate 50-feet of right-of-way abutting the site for the remainder of the property. 3. If the City of Meridian requires Leisure Lane to be constructed as a public street, then construct Leisure Lane as a 36-foot street section with a minimum pavement width of 32-feet with curb, gutter and 5-foot concrete sidewalk abutting the proposed parking lot. 4. If the City of Meridian requires Leisure Lane to be constructed as a public street, then construct one driveway access to intersect Leisure Lane a maximum width of 36-feet and aligned centerline to centerline with the driveway to the east. 5. Pave the driveways its full width and at least 30-feet into the site beyond the edge of pavement. 4 MRZ08-002 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. 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 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 are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 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 (1-811-342-1585) 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. 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. 5 M RZ08-002 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 transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordination 4. Request for Reconsideration Guidelines OR Appeal Guidelines 5. Development Process Checklist "------<III ?RR) --- A .r n MRZ08-002 7 MRZ08-002 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. MRZ08-002 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 two (2) sets 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 sf 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 Drainage 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. 9 MRZ08-002 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 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. 10 MRZ08-002 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 100 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. MRZ08-002 Project/File: Date: Lead Agency: Site address: Applicant: Right -of -Way & Development Services Department T..- iUL. 0 7 2008 CITY OF MERUAN CITY CLERK OFF[Cf M RZ-08-002 This application is for a rezone application for a parking lot on approximately. 55 acres. July 7, 2008 City of Meridian 1727 N. Leisure Lane Meridian Library District 1362 W. Cherry Lane Meridian, ID 83642 Staff Contact: Kristy Scovill Phone: 387-6171 E-mail: kscovill(a-)_achd.ada.id.us Tech Review: July 1, 2008 Application Information: Acreage: .55 Current Zoning: R-4 Proposed Zoning: L-O Public Lots: 1 A. Findings of Fact Existing Conditions 1. 2. Site Information: The site is currently vacant. Description of AdiaCent Rnrrnundinn Aran - Direction Land Use Zoning North Medium low -Density Residential District R-4 South Limited Office L-O East Medium low -Density Residential District R-4 West Medium low -Density Residential District R-4 1 M RZ08-002 3. Existing Roadway Improvements and Right -of -Way Adjacent To and Near the Site • Cherry Lane is a principal arterial roadway that is currently improved with 5 travel lanes and vertical curb, gutter, and sidewalk across from and abutting the site. There is 80-feet of right-of- way existing for Cherry Lane (40-feet from centerline). • Leisure Lane is a private roadway that is currently improved with 2 travel lanes, gravel shoulders, and no curb, gutter, or sidewalk abutting the site. There is extruded curb along the east side of the roadway. 4. Existing Access: This property contains the main entrance for Leisure Lane. There is one defined access point to the residential portion of the property. 5. Site History: ACHD has not previously reviewed this site for a development application. Development Impacts 6. Trip Generation: This development not expected to generate any additional vehicle trips per day. 7. Impact Fees: 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. 8. Traffic Impact Study: A traffic impact study was not required with this application. 9. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Cherry Lane 42' Principal Arterial 22,187 east of Better than "C" 35 MPH Linder Road on 9/25/2007 24,961 west of Meridian Road on 2/13/2008 Leisure Lane 290' Private Road N/A N/A N/A *Acceptable level of service for a five -lane principal arterial roadway is "E" (37,000 VTD) 10. Capital Improvements Plan/Five Year Work Plan: The following roadway improvements are scheduled in the Five Year Work Plan: • Linder Road from Franklin Road to Ustick Road is scheduled to be widened to 5 lanes with curb, gutter, sidewalk and bike lanes between 2009 and 2013. The following roadway improvements are scheduled in the Capital Improvement Plan (CIP): • Cherry Lane from Linder Road to N. Meridian Road is scheduled in the CIP to be widened to 7 lanes between 2019 and 2028. • The intersection at Cherry Lane and Linder Road is scheduled to be signalized between 2019 and 2028. 2 M RZ08-002 B. Findings for Consideration This application is for a rezone application only. Detailed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements may be levied with a specific redevelopment application). Cherry Lane Right -of -Way Policy: District policy requires 120-feet of right-of-way for 7-lane principal arterial roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 7-lane roadway with curb, gutter, and 5-foot detached sidewalks. Applicant's Proposal: The applicant is not proposing any improvements to Cherry Lane. Staff Comment/Recommendation: The applicant will be required to dedicate 60-feet of right-of- way from the centerline of Cherry Lane abutting the parcel. No additional street improvements will be required with this application, as the roadway is already fully improved. 2. Leisure Lane Right -of -Way Policy: District policy 7204.4.1 and Figure 72-FlA requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. Roadway Section Policy: 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. Private Road Policy: District policy 7205.6 states 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. Applicant's Proposal: The applicant is not proposing any improvements to Leisure Lane. Staff Comment/Recommendation: City of Meridian staff has expressed interest in Leisure Lane becoming a public street. If the City of Meridian requires Leisure Lane become a public street, the roadway should be constructed as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk abutting the proposed parking lot. The applicant will be required to dedicate 42-feet of right of way for the first 160-feet of the parcel from the property line at Cherry Lane north. The applicant will be required to dedicate 50-feet of right-of-way abutting the site for the remainder of the property. 3. Driveways 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. 3 MRZ08-002 Local Roadway Access Policy: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). Commercial 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. Applicant's Proposal: The applicant is proposing one driveway access to intersect Leisure Lane with an undetermined width. Staff Comment/Recommendations: If Leisure Lane becomes a public street, the applicant shall be required to pave the driveway its full widths and at least 30-feet into the site beyond the edge of pavement abutting the existing roadway edge. The driveway access shall be restricted to a maximum width of 36-feet and shall align centerline to centerline with the driveway to the east. 4. Tree Planters Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. C. Site Specific Conditions of Approval This application is fora rezone, annexation, and comprehensive plan amendment only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements may be levied with a specific redevelopment application). Dedicate 60-feet of right-of-way from the centerline of Cherry Lane abutting the parcel. 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 or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 2. If the City of Meridian requires Leisure Lane to be constructed as a public street, then dedicate 42- feet of right of way for the first 160-feet of the parcel from the property line at Cherry Lane north. Dedicate 50-feet of right-of-way abutting the site for the remainder of the property. 3. If the City of Meridian requires Leisure Lane to be constructed as a public street, then construct Leisure Lane as a 36-foot street section with a minimum pavement width of 32-feet with curb, gutter and 5-foot concrete sidewalk abutting the proposed parking lot. 4. If the City of Meridian requires Leisure Lane to be constructed as a public street, then construct one driveway access to intersect Leisure Lane a maximum width of 36-feet and aligned centerline to centerline with the driveway to the east. 5. Pave the driveways its full width and at least 30-feet into the site beyond the edge of pavement. 4 M RZ08-002 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 file number) 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 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 are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 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 (1-811-342-1585) 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. 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. M RZ08-002 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 transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordination 4. Request for Reconsideration Guidelines OR Appeal Guidelines 5. Development Process Checklist 6 MRZ08-002 IN �a U ry 3 I 7 9 -1s s a J � J M RZ08-002 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 8 MRZ08-002 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 two (2) sets 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 sf 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 Drainage 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. 9 M RZ08-002 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 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. 10 MRZ08-002 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 11 MRZ08-002