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ACHD Comments.r 100 UPD �ioswrrw'�`ul�o SriLvica March 27, 2008 Carol A. McKee, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner VE.L) APR 0 12008 TO: Harry's Meridian Grill, LLC ClTy OF MERIDIAN P.O. Box 1601 Boise, ID 83701 CITY Cf FRK OFFICE SUBJECT: MCZC-08-024 Harry's Patio 2032 E. Overland Rd. On January 1, 2005, the Ada County Highway District Commissioners acted on MPP -04-042 for Boise Valley Commons Subdivision AKA Destination Place Subdivision. The conditions and requirements also apply to MCZC-08-024. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact 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, Chelsee Kucera Right -of -Way and Development Services CC: Project File City of Meridian Ada County Highway District • 3775 Adams Street 9 Garden City, ID • 83714 • PH 208-387-6100 9 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 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. 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 >59 or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ❑ Sediment & Erosion Submittal • At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction — Subdivision to be reviewed and approved by the ACHD Drainage Division. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. ❑ Final Approval from Development Services ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con. ` N*w r Ada County Highway Hi hwa District Right -of -Way & Development Department Planning Review Division This application requires Commission action due to the size. This item is scheduled to be on the consent agenda on Wednesday January 12, 2005 at 6:30 pm. Tech Review for this item was held with the applicant on Friday December 17, 2004. Please refer to the attachment for request for reconsideration guidelines. Staff contact. Andrea N. Tuning, 208 -387 -6177 -phone, 208 -387 -6393 -fax, atuning(c)_achd. ada. id. us File Numbers: Boise Valley Commons Subdivision / MPP -04-0421 MCZC-04-084 / MVAR-04-007 Site address: 2200 East Overland Road Owner/Applicant: Boise Valley Commons LLC 4751 North Trotter Lane Star Idaho 83669 Representative: CSHQA Gene Schaffer 250 South 51h Street Boise, Idaho 83702 Application Information: The applicant has submitted an application to the City of Meridian requesting preliminary plat approval to construct an 18 -lot commercial subdivision on 33.1 -acres. The applicant has also submitted a certificate of zoning compliance to construct an 18 -screen movie theatre on 10.17 -acres within the subdivision. The site is currently zoned C -G and is located on the north side of Overland Road approximately % of a mile east of Locust Grove Road. Acreage: 33.1 -acres Current Zoning: C -G Proposed Zoning: C -G Buildable Lots: 18 -lots Common Lots: None Vicinity Map A. Findings of Fact Trip Generation: This development is estimated to generate 11,990 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. 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. Site Information: The site is currently vacant. 5. Description of Adjacent Surrounding Area: a. North: 1-84 b. South: Resolution Business Park Subdivision c. East: 18.75 -acres zoned C -G d. West: 10.369 -acres zoned C -G 6. Impacted Roadways Overland Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: An acceptable Level of Service COMPASS Planning Thresholds. 1,227 -feet Minor Arterial East of Locust Grove Road was 12,115 on 6-10-02 LOS C 35 MPH for this segment of roadway is a Level of Service D based on 7. Roadway Improvements Adjacent To and Near the Site Overland Road is currently improved with 5 -traffic lanes with vertical curb, gutter and sidewalk abutting the site. 8. Existing Right -of -Way Overland Road has a total of 96 -feet of right-of-way (48 -feet from centerline). 9. Site History On October 25, 2004, the District reviewed and approved a lot split application (MMI -04-013) on this parcel. The District did not place any requirements on the lot -split application due to the fact that the District would have the opportunity to review a certificate of zoning compliance or preliminary plat application when the two parcels developed in the future. 10. Capital Improvements Plan/Five Year Work Program Overland Road from Locust Grove Road to Eagle Road was reconstructed in 2004. B. Findings for Consideration Overland Road - Right -of -Way and Street Improvements 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. District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). 2 Overland Road was reconstructed in 2004 to provide 5 -traffic lanes with vertical curb, gutter and sidewalk abutting the site. Due to the fact that Overland Road has sufficient right-of-way and has been fully improved, the District will not acquire any additional right-of-way or street improvements at this time. 2. Roadway Offsets 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). The applicant is proposing to construct Millenium Way to intersect the north side of Overland Road in alignment with Millenium Way on the south side of Overland Road. This roadway location meets District policy in regard to location and should be approved with this application. The applicant is proposing to construct Celebration Avenue to intersect the north side of Overland Road in alignment with Celebration Avenue on the south side of Overland Road. This roadway location meets District policy in regard to location and should be approved with this application. 3. Internal Roadways — Street Sections District policy 7202.8 and 72-F1 B, 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. The applicant is proposing to construct the internal roadways as 40 -foot street sections with vertical curb, gutter and 5 -foot concrete sidewalks within 54 -feet of right-of-way. This street section meets District policy and should be approved with this application. 4. Stub Streets District policy 7203.5.1 states that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non -continuous streets." District policy 7205.5 states that stub streets will be required to provide intra -neighborhood circulation or to 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". In addition, a stub street must meet the following conditions: 1. A stub street shall be designed to slope towards the street intersection and drain surface water toward that intersection, unless a satisfactory storm drain system is installed. 2. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. The applicant is proposing to construct a stub street to the east property line approximately 470 -feet north of Overland Road. This stub street is anticipated to serve the 18.75 -acre site that is located directly to the east with a public roadway access and will also provide this parcel with access to a signalized intersection in the future. Staff is supportive of the applicant's proposal to provide a stub street to the east property line. Due to the fact that the stub street is greater than 150 -feet in depth, the applicant should construct a temporary turnaround at the terminus of the roadway. The applicant should also install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 3 5. Signal In 2004, the District reconstructed Overland Road abutting this site. When the roadway was reconstructed, the District installed three legs of the Overland Road Millenium Way intersection. The applicant is proposing to construct Millenium Way to intersect the north side of Overland Road in alignment with Millenium Way on the south side of Overland Road. In order to accomplish the alignment of the roadways, the applicant will be required to complete some signal modifications. Typically the applicant is responsible for all of the design and construction of new signals (or a portion thereof). In an effort to coordinate with the applicant, the District has agreed to provide the applicant with some assistance in regard to the intersection improvements. The applicant will be responsible for the design and installation of all of the new poles, mast arms, signal heads, pedestrian heads and push buttons. The District has agreed to allow the applicant to remove the existing signal equipment at the Overland Road and Millenium Way intersection and return the equipment to the District. The applicant will receive a credit for the returned materials and will be able to apply that credit toward the purchase of new signal materials that will be purchased from the District. The applicant should submit the Overland Road and Millenium Way intersection design plans to the District's Traffic Services Staff for review and approval. The applicant should also coordinate the exchange of the old signal equipment with the District's Traffic Services Staff. The applicant should enter into a Signal Cooperative Development Agreement regarding the design and construction of the signal at Overland Road and Millenium Way. The applicant should submit the Overland Road and Millenium Way intersection design plans for review and approval. The Signal Cooperative Development Agreement will provide for the exchange of the old signal equipment with the District. 6. Storm Drain Easement ACHD currently owns a storm drainage easement that was purchased with the intent that the land would be utilized in the future as a drainage pond for the Overland Road improvements that were recently constructed in 2004. In November of 2004, the applicant of the Boise Valley Commons Subdivision approached ACHD with regard to the relocation of the future drainage pond. The applicant proposed to exchange the existing ACHD storm drainage easement for a new storm drainage easement that would be relocated within the proposed commercial subdivision. ACHD staff (Design, Drainage, Right -of -Way and Development) notified the applicant that the release of easement would be feasible if the applicant to provide the District with: • A storm drainage easement that is equal to or greater in value and size than the previous parcel • Drainage calculations and drawings showing that the newly proposed storm drainage easement will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed • Adequate access to the parcel The applicant should continue to work with District staff regarding this issue. If the applicant chooses to landscape the storm drainage easement, the applicant shall obtain a license agreement for all landscaping that is proposed within the easement. The applicant will be not be allowed to plant any trees, deep rooted shrubs or bushes, etc. within the unopened right-of-way or storm drain easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. The applicant has also approached District staff in regard to the installation of a storm drainage pipe that would extend from Overland Road to the storm drainage pond that is proposed to be located at the parcels north property line. The applicant should enter into a Cooperative Development Agreement with the District regarding the installation and allocation of costs of the proposed storm drain pipe that will be adjacent to the east property line and will extend from Overland Road to the 4 ACHD storm water drainage pond. The Cooperative Development Agreement will need to be executed prior to ACHD acceptance of the development's street improvement plans and prior to scheduling the final plat for signature by the ACHD Commission. 7. Other Access Overland Road is classified as a minor arterial. Other than the two public streets that have specifically been approved with this application, direct lot access to Overland Road is prohibited. A note stating the access restrictions shall be noted on the final plat. C. Site Specific Conditions of Approval Construct Millenium Way to intersect the north side of Overland Road in alignment with Millenium Way on the south side of Overland Road, as proposed. 2. Construct Celebration Avenue to intersect the north side of Overland Road in alignment with Celebration Avenue on the south side of Overland Road, as proposed. 3. Construct the internal roadways as 40 -foot street sections with vertical curb, gutter and 5 -foot concrete sidewalks within 54 -feet of right-of-way, as proposed. 4. Construct a stub street to the east property line approximately 470 -feet north of Overland Road, as proposed. Construct a temporary turnaround at the terminus of the stub street and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Enter into a Signal Cooperative Development Agreement regarding the design and construction of the signal at Overland Road and Millenium Way. Submit the Overland Road and Millenium Way intersection design plans to District Staff for review and approval. 6. Enter into a Cooperative Development Agreement regarding the installation and allocation of costs of the proposed storm drain pipe that will be adjacent to the east property line and will extend from Overland Road to the ACHD storm water drainage pond. The Cooperative Development Agreement shall be executed by both parties prior to plans approval and scheduling of the final plat for signature by the ACHD Commission. 7. Other than the two public streets that have specifically been approved with this application, direct lot access to Overland Road is prohibited. A note stating the access restrictions shall be required on the final plat. 8. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. Request for Reconsideration Guidelines L~' 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 ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do one of the following: ❑Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. []Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. []Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ❑For ALL development applications, including those receiving a "No Review" or "Comply With" letter: • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACRD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) ❑ Driveway or Property 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 >60' 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 0 ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con.