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HomeMy WebLinkAboutACHD Comments =~~~~ CHD ~io~eof'~o cr. June 18, 2008 TO: ReLo Development 16679 N. 90~' St. Ste. 100 Scottsdale, AZ 85260 OWNER: Cameron S-Sixteen Retail, LLC 755 W. Front St. Ste. 300 Boise, I D 83702 REP: Landmark Development Group 2462 Sunshine Dr. Boise, ID 83712 SUBJECT: MVAC-08-001 3330 E. Overland Rd. Vacate right-of--way for Overland Village ~~2 Carol A. McKee, President Sherry R. Huber, 1st ice President Dave Bivens, 2nd vice President John S. Franden, Commissioner Rebecca W. Amold, Commissioner JUN 2 4 200 G~~~, pF ~,~rti~!J1,~~1 X17-1~' GI_FR~ ~,ccl~•F-- On April 16, 2008, the Ada County Highway District Commission acted on MAZ-08-001 for Overland Village. The conditions and requirements also apply to MVAC-08-001. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. • A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACRD Planning 8< Development Services at 387-6170 for information regarding- impact fees. If you have any questions or concerns please feel free to contact this office at (208) 387-6177. Sincerely, ~~~ Chelsee Kucera Right-of--Way and Development Services CC: Project File City of Meridian Ada County Highway Disbict • 3775 Adams Street • Garden Gty, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.ld.us 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. 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. 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 ACRD ®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 Levei reports. ^For ALL development applications, including those receiving a "No Review" or "Comply With" letter. • The applicant should submit a set of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACRD, 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 Approaches) • Submit a "Driveway Approach Request° form to Ada County Highway District (ACHD) Construction (for approval by Development Services 8~ 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 8~ 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 8~ 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. Right-of-YYay & Development Services Department ~~."~~~a C D ~'~" e~~~~~ ~~ Project/File: MAZ-08-001 (Overland Village) This application is for annexation and rezone of approximately 5 acres. (Vacation/Exchange is a separate application) Lead Agency: Meridian City Site address: NEC Eagle 8 Overland Roads Commission Approval: April 16, 2008 Consent Agenda Item Applicant: Relo Development 16679 N. 90 Street, Suite 100 Scottsdale, Ariaona 85260 Owner: Cameron S-Sixteen Retail, LLC 755 W. Front Street, Suite 300 Boise, Idaho 83702 Representative: Landmark Development Group 2462 Sunshine Drive Boise, Idaho 83712 Staff Contact: Matt Edmond Phone: 387-6187 E-mail: medmondCa~achd.ada.id.us Tech Review: April 2, 2008 Application Information: Acreage: 4.77 acres Current Zoning: RUT Proposed Zoning: C-G A. Findings of Fact Existing Conditions 1. Site Information: The site is currently vacant except for apark-and-ride lot operated by ACHD. 2. Description of Adiacent Surrounding Area: Direction Land Use Zonin North Interstate-84 N/A South Commercial Silverstone Subdivision C-C East Vacant C-G West Commercial Dorado Subdivision C-G MAZ-08-001 (Overland Village) 3. Existing Roadway Improvements and Right-of--Way Adjacent To and Near the Site • Eagle Road is currently improved with 7 lanes, with some vertical curb, gutter, and attached concrete sidewalk, all inside 150-feet of right-of--way. • Overland Road is currently improved with 5 lanes, vertical curb, gutter, and attached concrete sidewalk, all inside 96 to 120-feet of right-of--way abutting the site. • Rackham Way is currently improved to approximately 26-feet of pavement with curb, gutter, and sidewalk on the east side. • The intersection of Eagle and Overland Roads is currently signalized with 7 lanes on the north and east legs, and 6 lanes on the south and west legs. All approaches have a protected left turn phase in the signal cycle. 4. Existing Access: The site currently has several defined and undefined access points along Rackham Way. 5. Site History: The District has not previously reviewed any development applications for this site. 6. Adjacent Development: Commercial development in the Dorado Subdivision across Eagle Road to the west is in various stages of completion. Development Impacts 7. Trip Generation: This application is for annexation/zoning only. However, the proposed development depicted in the site plan (28,820sf of undefined commerciaUretail) is estimated to generate approximately 1300 vehicle trips per day (VTD) assuming specialty retail use (ITE code 814). The installation of two drive-thru establishments will likely increase the estimated trip generation. 8. 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. 9. Traffic Impact Study: A traffic impact study was not required with this application. The current development proposal of 28,820 square feet of commercial space is near the 30,000 square foot threshold over which District policy 7106.1 requires a traffic impact study. 10. Existing Conditions of Area Roadways: Roadway Frontage Functional Traffic Count Level of Speed Classification Service Limit g 700' Principal 36,652 north of Better than 40 MPH Road Arterial Overland 2/7/2006 "C" Overland 720 Principal 19,285 east of Eagle Better than 45 MPH Road Arterial 5/23/2006 "Cn Rackham 750' Local No data N/A 25 MPH Wa both sides * Acceptable level of service for Eagle Road is determined by ITD. * Acceptable level of service fora 5-lane principal arterial roadway is "E° (37,000 VTD). * Acceptable planning threshold for a local street is 2,000 VTD. 11. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP): Overland Road is currently scheduled in the CIP to for corridor preservation to allow for future widening to a 7-lane roadway. B. Findings for Consideration 1. Eagle Road Jurisdiction/Access Control: Eagle Road changes jurisdiction between ACHD and ITD in the vicinity of the site, is under full control of access from I-84 to the Overland Road intersection. No access is allowed without permission from the Federal Highway Administration. 2 MAZ-08-001 (Overland Village) Staff Comment: The applicant should coordinate with the City of Meridian and ITD to determine if additional right-of--way or improvements are necessary on Eagle Road. 2. Rackham Way Commercial Street Policy: District policy requires 54-feet of right-of--way on industrial and commercial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 40-foot street section (back-of--curb to back-of--curb) with vertical curb, gutter and 5-foot wide concrete sidewalks. Reduced Street Sections: District policy 7240.4.3 allows a developer to construct a local urban residential street with a reduced width of 29-feet from back-of--curb to back-of-curb with curb, gutter and sidewalk. Policy requires Fire Department approval from use of reduced street sections and restricts parking on reduced street sections. Offsets: District policy 7204.11.6, requires local roadways to align or offset a minimum of 300- feetfrom an arterial roadway (measured centerline to centerline). Applicant Proposal: The applicant has proposed aright-of--way vacation and exchange to shift Rackham Way to the east, so that it intersects Overland Road approximately 200-feet further to the east, approximately 400-feet east of the Eagle Road intersection (near-edge to near-edge), and aligning with the private drive in Silverstone Subdivision on the south side of Overland Road. Additionally, the applicant has proposed to construct the portion of Rackham Way running through the site as a standard 36-foot street section at its intersection with Overland Road, and tapering back to a reduced 29-foot street section with vertical curb and gutter on both sides, and attached concrete sidewalk on one side, all inside 40-feet of right-of--way. Staff CommentlRecommendation: Rackham Way is currently the only public access available to approximately 72 undeveloped acres zoned C-G north of Five Mile Creek. Due to its likely restriction to a right-in/right-out, however, Rackham cannot serve as the primary access to this area should it be heavily developed in the future. Subsequent development will require additional access either across Five Mile and Eight Mile Creeks to the south or through Jewel or Rolling Hill subdivision to the east. District staff recommends that the applicant apply to vacate/exchange the right-of--way to realign and reconstruct Rackham Way as proposed. If the vacation/exchange is approved by the ACHD Commission, District staff recommends a mod cation of policy to allow the applicant to construct the realigned Rackham Way as a standard 36-foot street section at this intersection with Overland Road, and tapering back to a 29-foot street section with vertical curb, gutter, and 5-foot attached sidewalk on both sides inside 40-feet of right-of--way. The applicant should provide public easements for any portion of the sidewalk lying outside the right-of--way and install NO PARKING signs on both sides of Rackham Way running through the site. The District will restrict Rackham Way to right-in/right-out onto Overland Road in the future. The applicant should contribute the estimated cost to install a six inch raised median to restrict the realigned Rackham Way in the future. 3. Overland Road Right-of--Way: 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. Access Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer 3 MAZ-08-001 (Overland Village) than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Intersection Offset Policy: District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet from the signalized intersection for afull-access driveway and a minimum of 220-feet from the signalized intersection for aright-in/right-out only driveway. Five Year Moratorium: Where an improved highway surface has been in service less than five years, no cutting thereof shall be permitted except with the written approval of the District Pavement Cut Committee. Applicant Proposal: The applicant has proposed to maintain the current intersection of Rackham Way as a right-in only driveway from Overland Road into the site after Rackham Way has been realigned to the east. Staff Recommendation: District staff recommends a modification of policy to allow the applicant to maintain aright-in only driveway where Rackham Way is currently located. The applicant should construct the driveway as narrowly as the Meridian Fire Department will allow and install DO NOT ENTER signs at the north end to prevent inadvertent southbound traffic. The applicant should dedicate right-of--way along Overland Road to achieve a total of 60-feet from centerline along the entire site frontage, and additional right-of--way near the intersection of Eagle Road (approximately 78-feet from centerline). This right-of--way will accommodate future widening of Overland to 7 lanes, and allow for dedicated right and left turn lanes when the intersection is expanded. The applicant should make no cuts in Overland Road prior to the expiration of the 5-year pavement cut moratorium without the written consent of the District Pavement Cut Committee. 4. Driveways Commercial Driveways: 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. Driveway Offsets: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). Applicant Proposal: The applicant is proposing three 30-foot wide driveways, one 40-foot wide driveway, and one 12-foot wide drive-through entrance onto Rackham Way. The applicant is proposing that all access points be designed and constructed as curb return type driveways. Staff Comment/Recommendation: Even if it is realigned, Rackham Way's proximity to the intersection of two principal arterials creates additional stacking and queuing concerns with regard to driveways along Rackham Way. Staff recommends a modification of policy to require the location of any driveways on Rackham Way a minimum of 100-feet (rather than 50-feet) from its intersection with Overland Road. This will allow extra stacking and queuing distance in the event that vehicles back up from the near driveway onto Rackham Way. The driveways should be no wider than 36-feet each. 5. Stub Streets District policy 7203.5.1 states that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non-continuous streets." District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation or to 4 MAZ-08-001 (Overland Village) provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Staff Recommendation: Due to the location of this site at an intersection of two principal arterial roadways, existing access points may be restricted as future conditions warrant. To ensure optimum access in the future, District staff recommends that the applicant construct a stub street from Rackham Way to the west easement boundary of Eight Mile Creek. This will allow for future connectivity to the east, and access to the signalized Overland-Silverstone intersection. 6. Other Access Eagle and Overland Roads are both classified as principal arterials. Other than access specifically granted in this application, direct access to these roadways is prohibited. 7. Tree Planters Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in planters less than 8-feet in width. The policy also requires Class I and Class III trees to provide a minimum planter width of 10-feet. C. Site Specific Conditions of Approval 1. Comply with requirements of ITD and City of Meridian for the Eagle Road (SH-55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 2. Make application for the vacation and exchange of right-of--way to realign the south portion of Rackham Way as proposed. If approved: a. Design and reconstruct Rackham Way so that it aligns with the private drive from Silverstone Subdivision on Overland Road. b. Construct the portion of Rackham Way running through the site as a 36-foot street section at its intersection with Overland Road tapering back to a 29-foot street section with vertical curb, gutter, and 5-foot attached sidewalk on both sides within 40-feet of right-of-way. Install no parking signs on both sides of the street. 3. Construct aright-in only driveway where Rackham Way is currently located. Construct the driveway to be as narrow as the Meridian Fire Department will allow (preferably 14-feet), and install DO NOT ENTER signs on both sides of its north end. 4. Pay a road trust deposit sufficient to cover the cost of installing a six inch raised median to restrict the realigned Rackham Way to right-in/right-out in the future. Rackham Way will be restricted to right-in/right-out either on a determination by ACRD staff of a substantial safety issue, or on the provision of a connection from Rackham Way to a signalized intersection to the east, whichever occurs first. 5. Dedicate additional right-of--way along Overland to achieve a total of 60-feet from centerline abutting the site and approximately 78-feet from centerline near the intersection of Eagle Road. 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 Comdor Preservation Funds. 5 MAZ-08-001 (Overland Village) 6. Construct four driveways and one drive-through entrance on Rackham Way, no wider than 36- feet with minimum 15-foot curb return radii. The driveways shall be no closer than 100-feet from the intersection of Overland Road (near-edge to near-edge). 7. Construct a stub street from Rackham Way to the west easement boundary of Eight Mile Creek, as a 29-foot street section with vertical curb, gutter, and 5-foot attached concrete sidewalk on both sides, all inside 40-feet of right-of--way. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 8. Direct lot access to Eagle and Overland Roads other than what is specifically approved in this application is prohibited and shall be noted on the final plat if the parcel is subdivided in the future. 9. Overland Road is subject to 5 year pavement cut moratorium until October 2010. No pavement cuts are allowed unless specifically approved in writing by the District Pavement Cut Committee. 10. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. 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 is 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 6 MAZ-08-001 (Overland Village) 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. 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 Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines I ~ I 1 ~ r\ ~..~ ~ ~ ., I I ~ ~ ~ ~ ~ ~~ ~- ~.r..I ~. ._a ~~ ~ ~k .l F ~ ~ T u~T' t ~ 1 ~ {•', . ~' 't ~ ..... ~ j ~{L[1 rf a r ~ ~. ~~z;. + ~, ,~ ~; ~, ,., ~~' ~ Aar'-* ~ ~'• ~ ti ti~ R ~~ r. -Mt ~ t '~1. '•~ ~ ,4 ' ~.4 ~. e~ III ~ il.I I ~ p {{, `~F I ~~ ~~~ k ~~ ~~. ~ I I> ~~~' ~~ ~ _ ~~`.~` ~. ~~~ ~ 1'~'' ~.~.~ a .. -~ :,~ ~. `±Y ' ~~ •r y~` ~ c , r ~~ + ~.. .- ,, i T _ ,. ... ~ ~ ti': alli?T -. l ~l - - - -- - - - - - - - - n~'ERGAND -- ~ e P~. !. ~ yNt '1!~ n 7 MAZ-08-001 (Overland Village) ~~ i I `'. I ,~ \o ~I r ` 1 e\ .` `` e ~ I~ \ ~ ~~~poma ~ eaemoc~or ~ ~../-aos~iroe~n~ ~`~ -_ ~ i au-,n _ A ~ Q!~ I j ~ ~ ~~ .,; I ~ ~I~ ~ ~~ II ' W I ~~!. ~ ~~Q~I ' ~~ ~~ ~ li Ae1 I o ` RO~~ ~. ~ 'a`~,~ SKaIVAI® /1 t A/ /- OJTERSKTIOi~i ~~ ~wr r.~MV • ~ w r --~_t _., ~\~~~ `: \ `. ~ .~`` ~.: ~ .: ~ ~ •~~ d ~' ~ ~~ ~ ~ 1 e 1 `, ~ ~ ~ .~. __: ~; ~ ~, 8 MAZ-08-001 (Overland Village) 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. Not/fication to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for a-mail notification information. 9 MAZ-08-001 (Overland Village) Develo ment Process Checklist Submit a development application to a City or to the County The City or the County will transmit the development application to ACRD ®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 ftom 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 Approaches) • 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 aPre-Con. 10 MAZ-08-001 (Overland Village) .~ 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. 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 retumed to ACRD staff for further review. The Commission may set the date of the meeting at which the matter is to be retumed. 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. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 11 MAZ-08-001 (Overland Village)