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PZ CommentsSherry R. Huber, President CHD ~ -- Rebecca W. Arnold, Vice President John S. Franden, Commissioner G'on,..~,-rfi~'u~~o Sr~rnicv Carol A. McKee, Commissioner Sara M. Baker, Commissioner January 26, 2010 Owner/Applicant: Ronald W. Van Auker 3084 E. Lanark St. Meridian, ID 83642 Representative: Matt Munger, PE Munger Engineering, Inc. 4090 W. State St. Ste. 29 Boise, I D 83703 Contact: Cara Duskey Subject: MCPA-09-007 /MRZ-09-005 Seyam Subdivision N. Side of Franklin Rd. approx.1200 feet east of Eagle Franklin Intersection. Comprehensive plan amendment and rezone application to change land use designation CG to lL (6.54 acres) and lL to CG (1.12 acres) On December 6, 2006, the Ada County Highway District acted on MPP-06-055 for Seyam Subdivision. The conditions and requirements also apply to MCPA-09-007 /MRZ-09-005. • 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. • A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & 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) 387-6171. Sincerely, Kristy Heller 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 • FX 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 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 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 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 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. 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 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. 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 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 & 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--Way & Development Services Department Project/File: Lead Agency: Site address: Staff Level Approval: Applicant: Representative: Staff Contact: Tech Review: Application Infor Acreage: Current Zoning: Proposed Zoning: Commercial Lots: ~`~ ~~~~~ CHD ~~~~~~ Seyam Subdivision/MPP-06-055 Preliminary Plat Application City of Meridian 3660 E. Lanark December 6th 2006 Ronald Van Aucker 3084 E. Lanark Meridian, ID 83642 Pinnacle Engineering 12552 W. Executive Drive Suite B Boise, ID 83713 Andrew Mentzer Phone: 387-6187 E-mail: amentzer@achd.ada.id.us December 1St 2006 mation: 39.28 I-L & C-G I-L & C-G 8 A. Findings of Fact Existing Conditions 1. Site Information: The site is currently vacant. 2 Description of Adjacent Surrounding Area: Direction Land Use Zonin North Industrial I-L South Commercial L-O East Rural Residential RUT West Commercial (RC Willey) C-G 1 Seyam Subdivision 3. Existing Roadway Improvements & Right-of-Way Franklin Road is currently improved with 4 travel lanes, a center turn lane, bike lanes, and vertical curb, gutter and 7-foot attached concrete sidewalk abutting most of the site. Part of the section of the site's frontage to the east of the intersection with Touchmark Street is improved with only 5-lanes and paved shoulders. Franklin Road currently has 100-feet of right-of-way (40-feet from centerline). Gaudians Street is currently improved with 2 travel lanes, a center turn lane, vertical curb, gutter, and 7-foot attached concrete sidewalk abutting the site. Gaudians Street currently has 60-feet of right-of-way. Lanark Street (private; existing) is currently improved with 2 travel lanes, a center turn lane, and vertical curb and gutter abutting the site. 4. Existing Access: There is currently a barricaded curb return at the intersection of Touchmark Street and Franklin Road (located approximately 890-feet west of the east property line). There is currently no access to the site from Gaudians Street or from Lanark Street. 5. Site History: This site was previously reviewed under file #: MSPR-06-20/MCZC-06-134. Development Impacts Trip Generation: This development is estimated to generate approximately 4,367 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation Manual, Industrial Business Park land use designation. 2. 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. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Franklin Road 1,600' Principal Arterial 13,529 east of Eagle on Better than "C" 45 MPH 09/14/2005 Gaudians 945' 25 MPH Street Local Street N/A N/A *Acceptable level of service fora 5 lane principal arterial is "D" (33,000 VTD). 5. Capital Improvements Plan/Five Year Work Program Franklin Road from Touchmark to Five Mile is slated for widening from 2 to 5-lanes in 2009 in the District's Five Year Work Program. ACHD is preserving for 7-lanes on Franklin Road based on the District's Capital Improvements Plan. 2 Seyam Subdivision B. Findings ~ ~~r ~5~~~ Tree Planter Policy 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. 2. Driveways Offset Policy: 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). Paving 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. Commercial 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. Industrial Width Policy: District policy 7207.9.3 restricts industrial driveways to a maximum width of 40-feet. Most industrial 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 Proposal: The applicant has not specifically located driveway access at this point in time. Staff Recommendation: The applicant should be required to construct any commercial driveways accessing the site to be no greater than 36-feet wide, paved the entire width, and at least 30-feet into the site. Any Industrial driveways may be no greater than 40-feet in width, should be paved the entire width, and at least 30-feet into the site. Access should only be allowed to Gaudians Street, Lanark Street, and the newly proposed Touchmark Street. These access points should be located a minimum of 50-feet from the nearest public intersection (measured near edge to near edge). No access will be allowed to Franklin Road, and a notation of this access restriction should be made on the final plat. 3. Franklin Road Right-of-Way Policy: District policy requires 120-feet of right-of-way on 7-lane arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 7-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). 3 Seyam Subdivision Applicant Proposal: The applicant is not proposing to construct any improvements to Franklin Road. The applicant is proposing to utilize the northern leg of the signal at Franklin Road and Touchmark Street (see below). Staff Recommendation: Due to the fact that Franklin Road is slated for widening to 7-lanes in the Capital Improvements Plan, the applicant should be required to dedicate either 50-feet or 60-feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. A 50-foot dedication will require the applicant to provide ACHD with a 10-foot sidewalk easement. Due to the fact that there is an existing commercial use (Ashley Furniture) on the site, Staff has contacted the City of Meridian in an effort to ensure that the dedication of right-of-way along this frontage does not interfere with the existing parking lot. City Staff has indicated that the applicant will be allowed flexibility related to landscape buffers in this particular case due to the fact that there is an existing use (previously approved). Therefore, the District's future CIP plans, consistent with the right-of-way dedication, will not interfere with the Ashley Furniture building or parking lot. 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 owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. Additionally, the applicant should construct a 5-foot concrete sidewalk no closer than 53-feet from the centerline of Franklin Road (in its ultimate location) for the frontage that is currently not improved to the east of the intersection with Touchmark Street (approximately the easternmost 870-feet of frontage on Franklin Road). These sidewalk improvements should tie in to the existing sidewalk, and immediately meander out to the ultimate location noted above; OR the applicant may provide ACHD with a road trust for the sidewalk improvements on Franklin Road ($20/lineal foot X approximately 870 feet= approximately $17,400+/-) to be completed with the FYV1/P project. 4. Stub Street (Lanark) 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 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 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: The applicant is proposing to retain the existing stub street to the east (private; to connect to the area designated as "Future Phase II" on the preliminary plat). Assuming that Lanark Street becomes public, the applicant has indicated that a turnaround easement will be provided over the existing driveway intersecting Lanark Street at the east property line. Staff Recommendation: The applicant's proposal for a stub street to the east should be approved as long as Lanark Street is able to be dedicated as public with this application. If Lanark Street is dedicated as public, the applicant should be required to construct a temporary turnaround at the terminus of this stub street, given the fact that it is greater than 150-feet in length; and obtain fire department approval for location and design. 5. Internal Streets 4 Seyam Subdivision Right-of-Way Policy: District policy requires 54-feet of right-of-way on industrial/commercial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 3-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. Commercial/Industrial Street Section Policy: District policy 7202.8 and 72-F1A, requires roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. 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. Applicant Proposal: The applicant is proposing to dedicate the existing private road (Lanark Street) as public and construct a 7-foot attached concrete sidewalk at the back of the existing curb for the site's frontage. If accepted by ACHD, the right-of-way dedication for Lanark Street would be 65-feet. Additionally, the applicant is proposing to construct a new public street to connect Lanark Street through to Franklin Road, in alignment with Touchmark Street at the newly signalized intersection. This road (Touchmark Street) is proposed to be a 41-foot commercial street section with vertical curb, gutter, and 7-foot attached concrete sidewalk within 65-feet of right-of-way. Staff Recommendation: If Lanark Street is accepted by ACHD and dedicated as public, the applicant should be required to construct Lanark Street with a minimum 5-foot (7-foot proposed) attached concrete sidewalk for the site's entire frontage, as proposed (vertical curb and gutter already exist). Coordinate the dedication of Lanark Street with the Right-of-Way and Development Services Manager, Gary Inselman (208)387-6170 (see attached interim policy). Lanark Street will need to be specifically approved or denied prior to final plat; OR be platted as a private street. The new public street connecting Lanark Street to Franklin Road (Touchmark Street) should be constructed as a 41-foot commercial street section with vertical curb, gutter, and minimum 5-foot attached concrete sidewalk (7-foot proposed) within 65-feet of right-of-way. Coordinate the utilization of the existing traffic signal at Touchmark and Franklin with ACHD Staff. C. Site Specific Conditions of Approval If Lanark Street is accepted by ACHD and dedicated as public, construct Lanark Street with a 7-foot attached concrete sidewalk for the site's entire frontage (vertical curb and gutter already exist). Coordinate the dedication of Lanark Street with the Right-of-Way and Development Services Manager, Gary Inselman (208)387-6170 (see attached interim policy). Lanark Street will need to be specifically approved or denied prior to final plat; OR be platted as a private street. 2. If Lanark Street is accepted by ACHD and dedicated as public, construct a temporary turnaround at the terminus of the existing private stub; and obtain fire department approval for the location and design. 3. Dedicate either 50-feet or 60-feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. A 50-foot dedication will require the applicant to provide ACRD with a 10-foot easement for any sidewalk improvements (current or future) located outside of the right-of-way, 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 5 Seyam Subdivision owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACRD right-of-way. 4. Construct Touchmark Street as a full commercial 41-foot street section with vertical curb, gutter, and 7-foot concrete sidewalk within 65-feet of right-of-way. Coordinate the utilization of the existing traffic signal at the intersection of Touchmark and Franklin with ACHD Staff. 5. Construct any commercial driveways accessing the site to be no greater than 36-feet wide, paved the entire width, and at least 30-feet into the site. Any Industrial driveways may be no greater than 40-feet in width, should be paved their entire width, and at least 30-feet into the site. Access should only be allowed to Gaudians Street, Lanark Street, and the newly proposed public street aligning with Touchmark Street. These access points should be located a minimum of 50-feet from the nearest public intersection (measured near edge to near edge). No access will be allowed to Franklin Road, and a notation of all access restrictions should be made on the final plat. 6. The applicant may either: Construct a 5-foot concrete sidewalk no closer than 53-feet from the centerline of Franklin Road (in its ultimate location) for the frontage that is currently not improved to the east of the intersection with Touchmark Street (approximately the easternmost 870-feet of frontage on Franklin Road). These sidewalk improvements should tie in to the existing sidewalk, and immediately meander out to the ultimate location noted above. OR: The applicant may provide ACHD with a road trust for the sidewalk improvements on Franklin Road; to be completed with the FYWP project ($20/lineal foot X approximately 870 feet= approximately $17,400+/-). 7. Comply with all Standard Conditions of Approval. 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 6 Seyam Subdivision 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 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 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. 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. Appeal Guidelines 4. Development Process Checklist 5. Interim Procedure for Acceptance of Private Roads into the Public System 7 Seyam Subdivision 8 Seyam Subdivision «<4, I,..~ ti aJero.~lc~~g r~s .rte ~ ~ ~a ~v _-= ~ r*. r,.t t,-- ~ s #., ~' I_ ~zj '' "'~2a °~ u~,l ~~ 5 ~ ?Y ` a o ~i~ °~A- ~, ,, ~ w ~q~,WE :~, v4~~ ~~ =a~~ ~~ -_ /] .6 -~ ~ II [I 1 i Fr ' ~ i ,f. ii !c ' ~ ,~~ ~'{ ~~ ~~~ `~ ~~- ~, ~il ~~ 9 Ie '~. ;,; ~~ ,;~~ . a s;~ ,,~~j..w,. :5 %~ I 135YHe '{"' it ', ~ Cil ~~ ~ i ~ 11, - ;~, .c i ~~`_" i ( ~ II1 i ~L I i ~~ Seyam Subdivision Interim Procedure for Acceptance of Private Roads into the Public System Adopted by Commission Action March 16, 2005 Application The party requesting to dedicate a private road to the public shall be required to submit an application letter specifying the proposed portion of road to be dedicated, the public benefit of the road and the reasons why the District should accept the road into the public system. An application fee of $200 is required to pay for staff time to review the application, the road, site history and make a report to the Right-of-Way and Development Services CROWDS) Manager. The ROWDS Manager may accept or deny the application based on the data provided in the application and a determination of any public benefit to acceptance of the road into the public system. If the ROWDS Manager determines that there is no public benefit to accepting the road, the application shall be denied with no further action required by staff. An applicant may appeal the decision of the ROWDS Manager to the Commission. Review and Inspection If the ROWDS Manager accepts the application, the applicant shall be required to provide all required documentation verifying the road was designed and constructed to current public standards. The burden of proof is on the applicant to prove the road meets public standards, not on the District to prove otherwise. Required documentation includes design plans, as-built plans, testing and inspection records and any other information or data that the District may reasonably require including additional testing of the storm drain system to verify that it has not been compromised by lack of maintenance or sedimentation from past construction activity within the development. If plans and/or testing and inspection records are not available, the applicant shall contract with an engineer and a testing laboratory and pay for the required additional testing to verify the design and condition of the road and storm drain system. Costs to be paid by Applicant The applicant shall be required to reimburse the District for all staff time and charges to review the documentation and inspect the road prior to scheduling the public hearing. Public Hearing After review of the required documentation and conducting a site inspection, staff shall prepare a report to the Commission and schedule a public hearing. At the public hearing the Commission will accept public testimony and review the findings of staff to determine if the road will be accepted into the public system. The Commission may: (i) accept the road, (ii) accept the road with conditions if remedial work is required to bring the road up to current public standards, or (iii) deny the request for acceptance of the road if the road does not meet current District standards and the applicant is unable or unwilling to perform the work necessary to bring the road up to current District standards. Acceptance with Conditions If remedial work is required to bring the road up to current District standards, the applicant shall provide construction plans prepared by a professional engineer licensed in the State of Idaho to the District for review and acceptance. Prior to commencing construction, the applicant shall enter into an Inspection Agreement with the District and provide an inspection deposit in an amount to be calculated by District staff based on the amount of work required to be performed. The applicant's contractor shall be required to obtain a permit from the Construction Services Division and schedule inspections with the Division inspection personnel. All required remedial work shall be completed to District standards prior to final acceptance of the road. Acceptance After Commission approval of the request to accept the road into the public system the applicant shall dedicate the right-of-way for the road by donation to the District free of all liens and encumbrances. The 10 Seyam Subdivision applicant shall provide a legal description for the road right-of-way prepared by a professional land surveyor licensed in the State of Idaho. The District will prepare the deed and obtain a title report. The applicant shall be responsible to remove all encumbrances not acceptable to the District prior to recordation of the deed. The official date of final acceptance of the road by the District for public maintenance shall be the date the deed is recorded by the District. 11 Seyam Subdivision Summary of Interim Policy for Acceptance of Private Roads into the Public System: Application o require letter of application requesting District to take road into public system o require applicant to list public benefit of road and reasons road should be accepted into public system o require an application fee of $200 ROWDS Manager deny or accept application, based on staff review and report for application o The ROWDS Manager may deny application if there is no apparent public benefit of accepting the road into the public system o ROWDS Manager may accept application if it is determined that accepting the road into the public system may be in public interest o If application accepted, staff shall review road and required documentation supplied by applicant to determine if road meets District standards Applicant required to provide documentation that road meets current District standards o Provide design plans, as-built plans, testing data for road and associated drainage o If any of above not available, applicant to pay for testing o Applicant to provide legal description of proposed right-of-way Public hearing, Commission accepts or denies road for public maintenance o If accepted, Commission sets site specific requirements that applicant must meet prior to District accepting road ^ If road does not meet District standards, applicant must bring up to standards • Applicant shall provide engineered construction drawings for required work to bring up to current District standards • Applicant shall enter into an Inspection Agreement and provide inspection deposit and contractor shall obtain permit prior to commencing construction • All required remedial work shall completed to District standards prior to final acceptance of the road ^ Applicant shall vacate any private utility or other easements ^ Applicant shall dedicate right-of-way (by donation) free of all liens and encumbrances, requires legal description prepared by professional land surveyor and title report Official final acceptance date is date that deed is recorded by District staff. 12 Seyam 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 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. 13 Seyam Subdivision Development Process Checklist II ®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 one (1) set of engineered plans directly to ACRD 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. DlD 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 ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 14 Seyam Subdivision CENTRAL ~~ DISTRICT ~'HEALTN DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: ^ Boise ^ Eagle rd i Meridian - ^ Kung ^ACZ ^ Star 0 ~ -00 S ~~ Conditional Use # C~~ 09' Q~~ Preliminary /Final /Short Plat 5F`1~4vti1 ~~-Bdrd-sro~ ®1. We have No Objections to this Proposal. ^2. We recommend Denial of this Proposal. ^3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^4. We will require more data concerning soil conditions on this Proposal before we can comment. ^5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ bedrock from original grade ^ other ^6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^10. Run-off is not to create a mosquito breeding problem. ^11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^14. Please see attached stormwater management recommendations ~ 15. CflHJ1 hoc n~+ ~e.EatMt.G~ sw, •v~elt~4~.~.~, ~ Reviewed B ~ ~P~.r1 7"~I is .S~6~c,lS' ~.~, .t~ ~-~i;~s r~:-~-t Date: l l ~S/ i d Review Sheet 15726-001EH0904 '~.~iyua & ~Ze~udla~ ~Ivugat~o~c Dw.dzict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 City of Meridian City Clerk's Office Jaycee Holman 33 r'. Hr~iuu`r`~~a3' Q i~ei'~e CtP ~ 112 Meridian, ID 83642-261.9 RE: CPA 09-007 & RZ 09-005/Seyam Subdivison Dear Jaycee: Nampa & Meridian Irrigation District has no comment on the above-referenced application to Amend Comprehensive Plan and Rezone only! The District reserves all other comments until Preliminary Plats are received and reviewed. All laterals and waste ways must be protected. All municipal surface drainage must be retained on-site. If any surface drainage leaves the site, Nampa & Meridian In-igation District must review drainage plans. The Developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ~in~~rPl~~ .._, , Greg Curtis Asst. Water Superintendent Nampa & Meridian Irrigation District GC/dbg C: File -Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40,000 13 January 2010