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HomeMy WebLinkAboutACHD CommentsCHD ~'"~ - - - - Carol A. McKee, President Sherry R. Huber, 1st Vice President Rebecca W. Arnold, 2nd Vice President (iomawr.~f`ec~~o ~,,,.,;~ John S. Franden, Commissioner Sara M. Baker, Commissioner November 9, 2009 ~~~, `_ ~ T ~ E~ Owner/Applicant: Cabella Coleman Homes LLC N~~ ~ 2 2~~9 1859 S. Topaz Way Ste. 200 ~ f TY OF Gtif$ID?AN Meridian, ID 83642 CITY CLERKS OFFICE Representative: Engineering Solutions LLP Becky McKay 1029 Rosario St. Ste 100 Meridian, ID 83642 Subject: MRZ-09-004 North of E. Victory Rd. & West of S. Bailey Way Rezone 5.41-acres of Cabella Creek Subdivision from R-4 to R-8 district. On March 21, 2006, the Ada County Highway District acted on MPP-06-012 & MAZ-06-014 for Cabella Creek Subdivision. The conditions and requirements also apply to MRZ-09-004. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require improvements to the transportation system at that time. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Section to insure compliance with the conditions identified above and/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. If you have any questions or concerns please feel free to contact this office at (208) 387-6171. Sincerely, ~~ 211. ~~~- Kristy Scovill Planner I Right-of-Way and Development Services CC: Project File City of Meridian Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • f=X 345-7650 • www.achd.ada.id.us 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 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 ACRD 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 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. Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. 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 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 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 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. D/D 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 aPre-Con. Right-of--Way & Development Department '` ~ Planning Review Division CHD ~'"~ --- - - -- ~fl Project/File: Cabella Creek Subdivision / MPP06-012 / MAZ-06-014 Lead Agency: City of Meridian Site address: n/e/c of East Victory Road and South Mesa Way. Staff Level Approval: March 21, 2006 Owner: Martin A. Artis 9292 West Pandion Court. Boise, ID 83714 Applicant: ATM Development, LLC. 660 East Franklin Road Meridian, ID 83642 Representative: The Land Group, INC. 462 East Shore Drive Eagle, ID 83616 Staff Contact: Tech Review: Ryan McDaniel Phone: 387-6174 E-mail: rmcdaniel@achd.ada id us March 17, 2006 Application Information: Acreage: 20.16 Current Zoning: RUT Proposed Zoning: R-4 Residential units: 47-single family lots Common Lots: 11 A. Findings of Fact Existing Conditions 1. Site Information: The site has three buildings existing, separated by large open spaces. 2. Description of Adjacent 1 Cabella Creek Subdivision Surrounding Area: Direction Land Use Zonin North Salmon Ra ids # 5 R-4 South Tuscan Villa e #1 RUT East Kachina Estates RUT West Kachina Estates RUT 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site: East Victory Road is currently improved with 2-traffic lanes, and no curb gutter or sidewalk abutting the site. There is 58-feet of right-of-way existing for East Victory Road (29-feet from centerline). South Mesa Way is currently improved with 2 traffic lanes, and no curb gutter or sidewalk abutting the site. There is 50-feet of right-of-way existing for South Mesa Way (25-feet from centerline). 4. Existing Access: There are three defined access point to this property accessing individual residences on both South Mesa Way and East Victory Road. 5. Site History: ACHD has not previously reviewed this site for a development application. Development Impacts 6. Trip Generation: This development is estimated to generate 470 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation Single Family Detached Dwelling land use designation. 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 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 East Victory 925-Feet Collector 4,615 West of Better than 50 MPH Road Eagle Road on "C" 1 /20/05 South Mesa 1050-Feet Local N/A Acceptable 20 MPH Way Residential planning threshold for this Road is 2000 ADT *Acceptable level of service for atwo-lane collector roadway is "D" (9,500 ATD). 10. Capital Improvements Plan/Five Year Work Program There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the Five Year Work Program or CIP. 2 Cabella Creek Subdivision B. Findings for Consideration East Victory Road Street Section and Right-of-Way Policy: District policy 72-F1 B requires collector roadways to be constructed as a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 70-feet of right-of-way with parking prohibited on both sides. District Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). Applicant Proposal: The applicant is proposing that East Victory Road be constructed as one half of a 46-foot street section within 58-feet of right-of-way. The proposed location of South Ascaino Way is 187-feet west of the southeast property line (measured centerline to property line). Staff Comment/Recommendation: Construct East Victory Road as one half of a 46-foot street section with vertical curb, gutter and 5- foot detached (or 7-foot attached) concrete sidewalk within 35-feet of right-of-way from centerline with parking prohibited on both sides. This requires the dedication of 35-feet of Right-of-Way from centerline or an additional 6-feet. The alignment of South Ascaino Way is approved with this application. 2. South Mesa Way Street Section and Right-of-Way 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. District Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from another local roadway (measured centerline to centerline). Applicant Proposal: The applicant is proposing to construct South Mesa Way as one half of a 36-foot street section with curb, gutter and 5-foot sidewalk within 25-feet of right-of-way. The applicant proposes East Loggers Pass Street to offset South Novara Way by 300-feet; this offset meets district policy. Staff Comment/Recommendation: The proposal meets district policy and is approved as proposed with this application. 3. Internal Public Streets Street Sections and Right-of-Way Policy: District policy 72-F1A, allows local residential public roads with a 33-foot street section with parking on both sides of the roadway, if the amount of vehicle trips per day on the street does not exceed 3 Cabella Creek Subdivision 1,000 and the appropriate fire department reviews and approves the street section. The proposed density of development that will utilize the internal local residential streets is anticipated to generate less than 1,000 vehicle trips per day. District Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from another local roadway (measured centerline to centerline). District Tree Planter Policy: The applicant should also comply with the District's Tree Planter Width Interim Policy which prohibits all trees in planters less than 6-feet in width. In addition to prohibiting trees in planters less than 6-feet in width, the policy requires a minimum planter width of 6-feet for class II tress with the installation of root barriers on both sides of the planter strip or a minimum planter width of 8-feet without the installation of a root barrier. The policy also requires Class I and Class III trees to provide a minimum planter width of 10-feet. Applicant Proposal: The applicant proposes that the internal streets are constructed as 34-foot street sections within 50- feet of right-of-way, complete with curb, gutter, landscape strips and 5-foot detached sidewalk. The applicant's proposals meet District policy. Staff Comment/Recommendation: The applicant's proposals meet District policy. The Meridian Fire Department will not approve the 33-foot street section; they prefer a 34-foot street section. Therefore, the applicant's proposal for 34-foot street sections is consistent with previous approvals in the City of Meridian. A letter of approval from the Meridian Fire Department granting specific approval will be required to be presented to ACHD before final approval of the plat. All internal roadways meet district policy as they exceed the minimum offset requirement or align. 4. Knuckle and Cul-de-sac Turnaround Policy Turnaround Policy: District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of 45-feet. The applicant should also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Island Policy: District policy 7202.7 and 7207.5 require islands to be constructed a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway on either side of the traffic island should maintain a minimum of a 21-foot street section. District policy also requires any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 4 Cabella Creek Subdivision Knuckle Policy: District policy District policy 7202.7 and 7207.5 and the local Fire District standards require an island within a knuckle to be constructed with the island being a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Development staff. Applicant Proposal: The applicant proposes three islands, one turnaround and a knuckle. Staff Comment/Recommendation: These roadway features meet district policy. 5. Stub Streets Stub Street Policy: 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 pro ert for use in future development may be required. If a street ends at the development boundary, ipshall 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 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". Applicant Proposal: o Construct a stub street to the north, South Ascaino Way, located approximately 560-feet east of the northwest property line (measured property line to centerline). This stub street shall align with East Lake Creek Drive and connect to Salmon Rapids Subdivision #5 to the north of this site. o Construct a stub street to the east, East Loggers Pass Street, located approximately 125- feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway within the future development of the property to the east of this site. o Construct a stub street to the east, East Sagemoor Street, located approximately 500-feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway within the future development of the property to the east of this site. Staff Comment/recommendation: The applicants' proposal for these stub streets meets district policy. s. Bridge for Ten Mile Creek Crossing The District will require that the applicant submit the bridge plans for the bridge crossing at Ten Mile Creek (South Ascaino Way) for review and approval prior to the plat and construction approval. 5 Cabella Creek Subdivision 7. Other Access East Victory Road is classified as a collector roadway. Other than the access specifically approved with this application, direct lot access to East Victory Road is prohibited and should be noted on the final plat. C. bite pe~ifi~ Conditions of Approval Construct East Victory Road as one half of a 46-foot street section with vertical curb, gutter and 5- foot detached (or 7-foot attached) concrete sidewalk within 35-feet of right-of-way with parking prohibited on both sides. 2. Dedicate 35-feet of right-of-way from centerline of East Victory Road, abutting the site. 3. Locate and align South Ascaino Way, where it intersects East Victory Road, with South Ascaino Avenue located approximately 177-feet west of the southeast property line. 4. Provide ACHD with the plans for the bridge crossing (South Ascnaio Way) of the Ten Mile Creek for review and approval. 5. Construct South Mesa Way as one half of a 36-foot street section with curb, gutter and sidewalk within 25-feet of right-of-way from centerline, where it abuts the site. 6. Construct the internal streets as 34-foot street sections within 50-feet of Right-of-Way, as proposed, complete with curb, gutter, planter boxes and 5-foot detached sidewalk. 7. Construct the three islands, one turnaround and a knuckle as proposed. 8. Construct the three stub streets as proposed: o Construct a stub street to the north, South Ascaino Way, located approximately 560-feet east of the north property line (measured property line to centerline). This stub street shall align with East Lake Creek Drive and connect to Salmon Rapids Subdivision #5 to the north of this site. o Construct a stub street to the east, East Loggers Pass Street, located approximately 125- feet south of the north property line (measured property line to centerline). o Construct a stub street to the east, East Sagemoor Street, located approximately 500-feet south of the north property line (measured property line to centerline). 9. Other than the access specifically approved with this application, direct lot access to East Victory Road is prohibited and shall be noted on the final plat. 10. Comply with all Standard Conditions of Approval. 6 Cabella Creek Subdivision D. Standard Conditions of Appro 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. Alf 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 buildin other required permits), which incorporates any required design changes. g permit (or 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 in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD 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. 7 Cabella Creek Subdivision 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. 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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 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. Construcfion (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 ACRD 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. 1 p Cabella Creek Subdivision 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 a Secretary of Highway Systems, which must be filed within ten (10)pwoaking 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. 11 Cabella Creek Subdivision