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Challenger School @ Gramercy CZC ACHD Commentst ~~~~5 CHD ~ionvwv'~`eof!~o Sritiv~~co February 7, 2008 TO: Jay Anderton 9735 S. 500 W. Sandy, UT 84070 REP: ASWN, Inc. -Ken Nichols 5151 S. 900 E, Ste. 200 Salt Lake City, UT 84117 SUBJECT: MCZC-07-258 Challenger School 1873 S. Wells Ave. Carol A. McKee, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner FFg ~ 1 2~ City o4 Meridian City Clerk ~lffir^ On June 14, 2006, the Ada County Highway District Commissioners acted on MPP06-019 for Gramercy Subdivision AKA Kenai Subdivision. The conditions and requirements also apply to MCZC-07-258. • 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 ACRD 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) 387-6177. Sincerely, C %~~~r~~~~~~ Chelsee Kucera 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 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. 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 ACRD 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 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. ~~~~~ CHD ~ Gonm.~.t~t`~L~o ~:~ Project/File: Lead Agency: Site address.: Commission Approval: Applicant: Representative: Kenai Subdivision-MPP06-019/MAZ06-021 City of Meridian south of Overland, west of Eagle Road June 14, 2006-This item was on the Commission agenda to approve a compromise regarding the proposed access points to Overland Road. This item was originally on the Commission agenda on May 17, 2006 because the applicant was requesting two right-in/right-out driveway in addition to the approved signalized intersection on Overland Road. Modified on April 73, 2007 Modifications relate to signal agreement on Overland Road Kenai Partners, LLC 6223 N. Discovery Way, Suite 100 Boise, Idaho 83713 Engineering Solutions, LLP 150 E. Aikens Street Eagle, ID 83616 Staff Contact: Lori Den Hartog Phone: 387-6171 E-mail: Idenhartog~achd.ada.id.us Tech Review: May 5, 2006 Application Information: Acreage: Current Zoning: Proposed Zoning: Commercial lots: Residential units: Common lots' commercial) 77.66 RUT C-G (45.88-acres) and R-45 (31.78-acres) 32 220 (Single-family and multi-family) 25 (6 in the residential and 19 in the A. Findings of Fac# Right-of--Way & Development Services Department Kenai Subdivision-MPP06-019/MAZ06-021 Existing Conditions Site Information: The site is currently vacant. 2. Description of Adiacent Surroundina Area: Direction Land Use Zonin North Overland Road & Un-develo ed ro ert C-G South Sin le-famil residential Thousand S rin s R-4 East Resolution Subdivision & Mountain View Hi h School L-O & R-4 West Commercial/Retail EI Dorado Business Campus C-G 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site • Overland Road is currently improved with 4 traffic lanes, a center turn lane, and vertical curb gutter and an attached concrete sidewalk abutting the site. There is approximately 88-feet of right-of-way existing for Overland Road. • Eagle Road is currently improved with 4 traffic lanes, a center turn lane, and vertical curb, gutter, and sidewalk south of Overland Road. 4. Existing Access: There are three existing access points to the site. When the Highway District constructed Overland Road, a curb return access was installed approximately in the center of the site's frontage to provide for a future signalized intersection. With the construction project, two curb-cut type driveways were installed for the existing farm access points. 5. Site History: application. Development Impacts 6. Trip Generation: trips per 7. Impact Fees: of any 8. Impacted Roadways: ACHD has not .previously reviewed this site for a development This development is estimated to generate 6,574 additional vehicle day based on the submitted traffic impact study. There will be an impact fee that is assessed and due prior to issuance building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 2 Kenai Subdivision-MPP06-019/MAZ06-021 Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Overland 1260' Principal 18,732 east of Better than 40 MPH Road Arterial Locust Grove on "C" 2/2/06 15,125 east of Eagle Road on 3/30/04 Eagle Road 0' Principal 13,838 north of Better than 35 MPH Arterial Easy Jet on "C" south of 9/30/04 Overland 36,652 north of "E" north of Overland Road on ~ Overland 2/7/06 "Acceptable level of service for afive-lane arterial roadway is "D" (33,000 VTD). 9. Capital Improvements Plan/Five Year Work Program The Locust Grove Road overpass is scheduled in the District's Five Year Work Program with construction to begin in 2006. B. Findings for Consideration Traffic Impact Study A traffic impact study was required with this application. Below are the principal conclusions of the submitted TIS prepared by Washington Group International. • The proposed development is project to generate an external ADT of 6,574 vehicles of which the PM peak hour traffic 819 per hour. , • As a result of the site build-out, traffic on the vicinity roadways is expected to increase. Traffic on Eagle Road may increase by 2,301 vpd north and 460 vpd south of Overland Road. Traffic on Overland Road may increase by 1,841 vpd east and 1,972 west of Eagle Road. • The intersection of Overland Road and' Eagle Road is currently signalized and operates at Level of Service (LOS) E with the existing traffic volumes. For both the 2011 Background and Build Out conditions, the intersection is forecast to operate at LOS F. • The main site approach intersection with Overland Road as a two-way STOP controlled intersection is predicted to operate at LOS F with a predicted delay of over 5 minutes for the PM peak 2011 Build Out condition. The main site approach meets the MUTCD peak hour signal warrant and was planned for signalizafion. As a signalized intersection it is predicted to operate at LOS B with a delay of 14.1 seconds in the PM peak for the 2011 Build Out conditions. The site traffic is approximately 21-percent of the total Build Out volumes: • All other approaches on Overland Road are planned as right-in/right-out driveway approaches. Based on the Build Out traffic forecasts for the roadway network, all roadways except the section of Eagle Road north of Overland Road are under the COMPASS planning thresholds: 3 Kenai Subdivision-MPP06-019/MAZ06-021 • Internally, all of the subdivision's streets with front-on housing have projected ADT volumes less than 1,000 vehicles per day. Recommendations from the TIS: • The main site approach should be signalized. Staff Comment & Recommendation: • The main entrance on Overland Road was planned for a future traffic signal during the District's Overland Road widening project. The underground infrastructure and the signal poles were installed with the project. The mast arms and signal heads will have to be installed and will be the responsibility of the developer when the signal meets warrants. • The TIS states that turning lane requirements were not analyzed for the intersection of the main site approach and Overland Road, and that the analysis would be done with the signal design. o The applicant has since analyzed the need for right turn lanes, and it has been determined that they are not needed. • The TIS states that the other site approaches meet the warrant for a right turn bay and taper for the eastbound traffic entering the site from Overland Road. Adding the eastbound right-turn lane would require reconstruction of a part of the newly constructed portion of Overland Road. The turning volumes are low enough that it is not desirable to reconstruct portions of the new Overland Road. • District Traffic Services staff requests that the applicant analyze the need for two right- in/right-out driveways on Overland Road when there is a signalized intersection planned for the site. o The applicant has since submitted an analysis of the main site intersection level of service without the two proposed right-in/right-out driveways. The main signalized intersection at Overland Road is projected to operate at LOS B with an average delay of 14.1 seconds with the two proposed RI/RO driveways. The main signalized intersection at Overland Road is projected to operate at LOS C with an average delay of 20.9 seconds without the two proposed RI/RO driveways. 2. Overland Road Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-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). Staff Comment/Recommendation: Overland Road is fully improved with vertical curb, gutter, and attached concrete sidewalk. No additional right-of-way or improvements are required with this application. 3. Main Entrance: Design and Signalization Right-of-Way and Street Section 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. 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 4 Kenai Subdivision-MPP06-019/MAZ06-021 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. Access Policy: District policy 72-F4 (1) requires driveways located on collector roadways near a signalized intersection to be located a minimum of 175-feet from the signalized intersection for afull-access driveway and a minimum of 85-feet from the signalized intersection for aright-in/right-out only driveway. Applicant Proposal: The applicant is proposing to construct the main entrance roadway as a collector street from its intersection with Overland Road to its intersection with Goldstone Street. The applicant is proposing center islands the entire length of the roadway with 21- foot street sections on either side of the islands, vertical curb, 8-foot planter strips, and 5- foot wide detached concrete sidewalks. Staff CommentlRecommendation: The applicant's proposal for the entrance street section meets District policy and should be approved with this application. Parking will be prohibited on the entrance collector road, per District policy. The applicant will be required to install "No Parking" signs along the roadway. Modified on April 13, 2007 Per an addendum to the original purchase and sale agreement for the right-of-way on Overland Road, the District agreed to install the cross arms and signal heads within 12 months of receiving written notice from the Seller to proceed, provided that signal warrants have been met. 4. Driveways on Overland Road 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. 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. Design Policy: District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Applicant Proposal: The applicant has proposed two right-in/right-out driveways on Overland Road. The first is located approximately 300-feet west of the proposed signalized intersection. The second is located approximately 280-feet east of the proposed signalized intersection. Staff Comment/Recommendation: While the proposed RI/RO driveways on Overland Road meet one District offset policy, the applicant has not been able to sufficiently satisfy the requirements of District Access policy 7207.8 which requires the use of combined access points. District policy 7207.8 states that if the use of combined access points is shown to be impractical the District may consider direct access points. This site is approved 5 Kenai Subdivision-MPP06-019/MAZ06-021 for a signalized intersection on Overland Road, and the applicant's traffic engineer has determined that without the two proposed RI/RO driveways on Overland Road the signal will operate at LOS C with an average delay of 20.9 seconds. This compares to an LOS B with an average delay of 14.1 seconds with the construction of the two proposed RI/RO driveways on Overland Road. In addition, this site has access to the west through Millennium Subdivision and access to the east through the Eldorado Business Campus. In summary, District staff believes that the site has adequate access and that applicant has not demonstrated why the use of a combined access point (the signalized intersection) on Overland Road is impractical. Therefore staff recommends that the two proposed RI/RO driveways on Overland Road be prohibited. Commission Action: At the hearing on May 17, 2006, the ACHD Commission approved the staff report as written and did not grant the requested RI/RO driveways on Overland Road. The ACRD Commission determined that a difference of 6 seconds at the proposed signalized access on Overland Road was not an impracticality that necessitated additional driveways on Overland Road. The Commission stated that it was important to retain the integrity and functionality of Overland Road particularly in a new developing area. Request for Reconsideration: On May 24, 2006, the applicant appeared before the Commission requesting reconsideration of the decision made at the previous hearing. The Commission directed staff to meet with the applicant to discuss a possible compromise. On June 2, 2006, the applicant meet with District staff and a compromise was reached regarding access points to Overland Road. On June 14, 2006, the ACHD Commission approved the following compromise that was agreed upon by staff and the applicant: the westerly driveway on Overland Road will be a right-in ONLY driveway and the applicant will construct a deceleration starting at the west property line to the first driveway. The signal poles would remain in their current location and configuration. The easterly driveway on Overland Road will be constructed as a right-out ONLY driveway with no acceleration lane. 5. Internal Streets Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right- of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. 33-foot Street Section 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 1,000 and the appropriate fire department reviews and approves the street section. 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. District policy 7202.2.6 states that the design of local street systems should discourage excessive speeds by using curvilinear alignment and/or breaks in the street system. Applicant Proposal (Internal streets): The applicant is proposing to construct the two stub street extensions (Gala Street and Blue Horizon Drive) as local commercial streets with 6 Kenai Subdivision-MPP06-019/MAZ06-021 center landscape islands. The applicant has proposed 21-foot street sections on each side of the proposed islands. The applicant is proposing to construct the internal streets in the residential portion of the development as 34-foot street sections with curb, gutter, and 5-foot attached concrete sidewalks. The applicant is proposing a traffic circle at the T-type intersection of the main entrance road and Goldstone Street. Staff Comment/Recommendation: The applicant's proposal for the street sections meets District policy. The applicant will be required to receive approval from the Meridian Fire Department for the reduced street sections. The applicant will need to coordinate the design of the proposed traffic circle with District Traffic Services staff. 6. Tree Planters Tree Planter Policy: The District's Tree Planter Width Interim Policy 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. 7. 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 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 has proposed to extend two existing stub streets, one from the east (Blue Horizon) and one from the west Gala Street). Staff Comment/Recommendation: The applicant's proposals meet District policy and should be approved with this application. 8. Roadway Offsets Roadway 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: All of the internal streets are proposed to meet. or exceed District offset policy. Staff Comment/Recommendation: The applicant's proposal meets District policy and should be approved. with this application. 9. Alleys Alley Policy: District policy 7204.10.1 requires the minimum right-of-way width for new alleys to be 16-feet if: the alley is abutted by residential uses and zoning on both sides; and 7 Kenai Subdivision-MPP06-019/MAZ06-021 building setbacks required by the land use agency having jurisdiction provide sufficient space for the safe backing of vehicles into the alley. Access Policy: Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Intersection Policy: District Policy 7204.10.3 states a minimum of back-of-curb radius of 15-feet is required at all alley intersections. Design Policy: District policy 7202.6 states that alleys shall connect to a public street at each end and shall not terminate in dead-ends. Applicant Proposal: The applicant has proposed two 20-foot wide east-west alleys within the development (one in Block 6 and one in Block 8). The alleys are designed to intersect public streets at each end, and the alleys do not have curves. Staff Comment/Recommendation: The applicant's proposal meets District policy, and should be approved with this application. 10. Other Access Overland Road is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. C. Site Specific Conditions of Approval The applicant's traffic engineer shall notify the District when the signal warrants are met for the main entrance road on Overland Road, and the District will install the cross arms and signal heads within 12 months of written notification. (Modified on April 13, 2007). 2. Construct aright-in ONLY driveway on Overland Road located approximately 290-feet east of the west property line. Construct a deceleration from the west property line to this driveway. Coordinate the exact location, design, and signage with District Traffic Services staff. 3. Construct aright-out ONLY driveway on Overland Road located approximately 300-feet west of the east property line. Coordinate the exact location, design, and signage with District Traffic Services staff. 4. Construct the main entrance road as a collector street with vertical curb, gutter, 8-foot planter strips, and 5-foot detached concrete sidewalks within 72-feet of right-of-way, as proposed. Provide 21-foot street sections on each side of the all of the proposed center islands. Install "No Parking" signs along the collector roadway, per District policy. 5. Construct the two stub street extensions (Blue Horizon and Gala Street) as commercial roadways with vertical curb, gutter, and 5-foot detached sidewalks, as proposed. Provide 21-foot street sections on each side of the all of the proposed center islands. 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are 8 Kenai Subdivision-MPP06-019/MAZ06-021 required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7. Construct the internal local streets in the residential portion of the development as 34-foot street sections with curb, gutter,. and 5-foot attached concrete sidewalks, as proposed. Receive written Fire Department approval for the reduced street section. 8. The applicant shall construct the two proposed east-west alleys to the following standards: • Dedicate a minimum of 16-feet for all alleys. All alleys shall be paved a minimum of 16-feet in width. • Parking off the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. • Access to an alley shall be located a minimum of 25-feet from the nearest public street. 9. Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road and shall be noted on the final plat. 10. 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 ACRD 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 darnaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 9 Kenai Subdivision-MPP06-019/MAZ06-021 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 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. 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. Request for Reconsideration Guidelines 4. 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O' '.e B' /9 q' -_ ,~ 12 Kenai Subdivision-MPP06-019/MAZ06-021 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 returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACRD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 13 Kenai Subdivision-MPP06-019/MAZ06-021 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 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 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 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 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 ACRD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACRD Construction -Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment & Erosion Submittal • At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACRD Construction -Subdivision to be reviewed and approved by the 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. 14 Kenai Subdivision-MPP06-019/MAZ06-021