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ACHD Comments f ~~~#k CHD ~ ~ion,.,wG~'ea~~o sritvwc~ May 2, 2008 TO: MSSB Enterprises, LLC P.O. Box 1500 Boise, ID 83705 SUBJECT: MCZC-08-035 /MALT-08-010 Storage Condos North 658 N. Principle Place Carol A. McKee, President , Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner ~~~~v~;~ MAY 0 6 200 CITY OF iV1ERIDIAN GIT~I i^I~ER.K OFFICE On July 6, 2006, the Ada County Highway District Commissioners acted on MPP-05-026 for Porky Park Subdivision. The conditions and requirements also apply to MCZC-08-035. • Prior to final approval you will need to submit construction plans to the ACRD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. • A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a .building permit. Contact ACRD Planning & 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 • 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 ACHD Policy Manual. a. Filing Fee: The Commission may, from tune 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 toy 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 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 >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 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. -y s ~~~~~ Project/File: Porky Park/MPP-05-026/MRZ-05-009 Lead Agency: City of Meridian Site address: Pine Street east of Eagle Road Staff Contact: Christy Richardson Phone: 387-6178 E-.mail: crichardson(a~achd.ada.id.us Tech Review: Consent Agenda: June 17, 2005 July 6, 2005 Applicant: VJ Joint Venture 3084 E. Lanark Meridian, Idaho 83642 Representative: Munger Engineering, Inc. 4090 W. State Street, Suite 29 Boise, Idaho 83703 Right-of--Way & Development Department Planning Review Division Application Information: The applicant is seeking rezone and preliminary plat approval from the City of Meridian, to rezone 34.6- acres from I-L to C-G, with a proposed 15-lot commercial subdivision. Acreage: 34.6 acres Current Zoning: I-L (industrial) Proposed Zoning: C-G (commercial) Proposed Use: 15-lot commercial subdivision A. Findings of Fact Existing Conditions 1. Site Information: The site is currently bare ground. 2. Description of Adjacent Surrounding Area: Direction Land Use Zonin North Commercial/Retail I-L South Commercial/Industrial I-L East Vacant I-L West Vacant-Proposed Retail/Office I-L 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site Roadway Right-of- Wa Lanes/Street Section. Improvements Pine 100' to 90' 3 travel lanes (but can be re-striped There is curb, gutter, and sidewalk for 5-lanes in the future) abutting the majority of the site. There is no sidewalk on Pine on the south side of the roadwa . Eagle-SH 55 140' 4 travel lanes and a center turn lane No curb, gutter, or sidewalk abutting (under the site. jurisdiction of the Idaho Transportation De artment 4. Existing Access: The site is currently undeveloped, but curb returns were constructed in their approved locations when the roadway was constructed. 5. Site History: ACRD previously reviewed the CUP application for the Jackson's c-store at the southeast corner of Pine Avenue and Eagle Road. Development Impacts 6. Trip Generation: This development could generate up to 15,000 vehicle trips per day based on the Institute of Transportation Engineers Trip Generation Manual. This estimation does not include pass-by trips and is only an estimation because exact uses are not known. 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8. Traffic Impact Study: A traffic impact study would normally be required with this application. However, studies have recently been submitted for the development at the southwest corner of Eagle & Pine, and for a proposed development at the northeast corner of Locust Grove and Pine. Information from those studies is provided under Facts & Findings. 9. Impacted Roadways: Roadway Frontage Functional Traffic Count Level of Speed Nearest Classification Service Limit Intersection Pine 600-feet 2 Minor Arterial 6,849 east of Eagle Better than 30 MPH Eagle-- , Road on 12/16/04 „C„ signalized Principal 43,103 south of Exceeds Pine-- Eagle (SH 55) 370-feet Arterial Fairview Avenue „ E„ 50 MPH signalized on 4/9/03 Commercial None Commercial 3 453 on 8-5-03 Not 25 MPH Commercial is STOP Court east of Eagle Road applicable controlled 2 10. Construction of Pine Street This segment of Pine Street was constructed in 2003 through a developer cooperative agreement. The roadway was constructed to a width for 5-lanes, but striped for 3-lanes at this time, until traffic volumes warrant more lanes. Sidewalk was constructed along the north side of the roadway at that time because that area is developed as residential subdivisions. Sidewalks were not constructed along the south side of the roadway because it was determined that sidewalks could be installed when this property developed. The roadway is striped for bike lanes. 11. Capital Improvements Plan/Five Year Work Program • Locust Grove Road, Franklin to Fairview: Construct 5-lanes in 2006, includes signalization of Locust Grove/Pine intersection • Locust Grove Road, Overland to Franklin and Overpass: Construct 4 to 5-lanes in 2006. • Hickory/Fairview Intersection: signalization in 2005/2006. • Franklin Road from Eagle Road to Touchmark is currently under construction to 5-lanes. • Franklin Road from Touchmark to Five Mile Road is scheduled for widening to 5-lanes in 2009. B. Findings for Consideration 1. Transporta#ion Information Traffic Conditions for Fairview/Eagle Intersection LOS DELAY s/vehicle 2004 Back round F 71.5 2010 Back round F 96.6 2010 Background + development + Pine connection to Locust Grove F 103.2 2010 Back round +develo ment + Pine to Hicko F 98.6 Traffic Conditions for Pine/Eagle Intersection LOS DELAY s/vehicle 2004 Back round F 126.8 2010 Back round F 164 2010 Background + development + Pine connection to Locust Grove F 275.6 2010 Back round +develo ment + Pine to Hicko F 267.9 With the 2010 background traffic, the Eagle/Pine intersection will continue to operate at a LOS F. The current delay for 2004 is 126 seconds/vehicle. In 2010 that delay is expected to more than double and the delay is estimated at over 260 seconds/vehicle (over 4 minutes/vehicle). Traffic Conditions for Franklin/Eagle Intersection LOS DELAY s/vehicle 2004 Back round F 72.5 2010 Back round F 99 2010 Background + development + Pine connection to Locust Grove F 98 2010 Back round +develo ment + Pine to Hicko F -146.2 With the 2010 background traffic, the Eagle/Franklin intersection will continue to operate at a LOS F. The current delay for 2004 is 72.5 seconds/vehicle. In 2010 that delay is expected to more than double and the delay is estimated at over 140 seconds/vehicle (over 2 minutes/vehicle). 3 2. Right-of-Way & Sidewalk 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. District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Staff CommenURecommendation: Pine Avenue is fully improved with the exception of sidewalk on the south side of the roadway; no additional right-of-way is required to be dedicated with this application. The applicant should construct a 7-foot wide attached sidewalk or a 5-foot wide detached sidewalk with a minimum 5-foot wide landscape buffer. Provide a sidewalk easement for sidewalk located outside of the right-of-way. 3. Eag a Road Eagle Road is under the jurisdiction of the Idaho Transportation Department. The applicant should contact ITD to determine what improvements will be required on Eagle Road (SH 55) and what access will be allowed. 4. Driveways Location 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 a full-access driveway and a minimum of 220-feet from the signalized intersection for aright-in/right- out only driveway. Beyond the signalized intersection, driveways should be located to align or offset a minimum of 150-feet from any existing or proposed driveways or streets, based on a 35 MPH posted speed limit. 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. Staff Comment/Recommendation: Driveway approaches were installed on Pine Street when the roadway was constructed in 2003. No new approaches (for driveways or streets) are approved with this application. Where possible, cross access agreements should be provided to allow multiple access points to Pine Street and the proposed public roadways. 5. Proposed Public Road Applicant Proposal The applicant is proposing to construct a public roadway with a cul-de-sac, located approximately 400-feet west of the east property line. The proposed street section for this roadway is a 36-foot wide street within 50-feet of right-of-way. Staff Recommendation/Analysis The roadway location should be approved as proposed. The roadway will not provide connectivity, but will provide access for proposed lots within the subdivision. The roadway should be constructed to commercial roadway standards, as a 40-foot street section with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. Access to this road should be located a minimum of 50-feet south of Pine Street. 4 6. Proposed Public Road "to be Constructed by Others" Applicant Proposal The preliminary plat indicates anorth-south roadway "to be constructed by others". Staff Recommendation/Analysis The plans for this roadway have been reviewed and approved by ACRD. The road will provide secondary access to businesses on Commercial Court, and is being paid for and constructed by several parties. ACHD is not a part of that private agreement. This roadway will provide critical signalized access to Eagle Road for trucks returning to the freeway system. This roadway is a requirement with this plat, and it shall be improved and dedicated prior to final plat approval. The roadway location should be approved as proposed. It appears that previously constructed curb returns located adjacent to the roadway will need to be closed with standard curb and gutter to match existing improvements. The roadway should be constructed to commercial roadway standards, as a 40-foot street section with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. Access to this road should be located a minimum of 50-feet south of Pine Street. 7. ~ Other Access Pine Avenue is classified as a minor arterial roadway. Other than the access points specifically approved with this application, direct access to Pine Avenue is prohibited and shall be noted on the final plat. C. Site Specific Conditions of Approval Construct a 5-foot wide detached concrete sidewalk with a minimum 5-foot wide landscape strip, or construct a 7-foot wide attached concrete sidewalk, abutting the site on Pine Street. Provide a sidewalk easement for sidewalk located outside of the right-of-way. 2. No new Pine Street approaches (driveways or streets) are approved with this application, with the exception of the location for the proposed street connection to Commercial Court. Provide cross access agreements throughout the subdivision to allow multiple access points to Pine Street and the proposed public roadways. 3. Construct anorth-south public road located approximately 400-feet west of the east property line as proposed 4. Construct anorth-south public road at the end of Commercial Court to intersect Pine Street. The roadway location should be approved as proposed. Construct the roadway as a 40-foot local/commercial street section with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. 5. Close the existing curb return adjacent to the proposed north-south public street with standard curb and gutter to match existing improvements. 6. Access to the proposed north-south roadways shall be located a minimum of 50-feet south of Pine Street. 7. Other than the access points specifically approved with this application, direct access to Pine Avenue is prohibited and shall be noted on the final plat. 5 8. Comply with requirements of ITD for the Eagle Road (SH 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 9. 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. 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. 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 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. 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. 6 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. Reconsideration 4. 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'lam - =mom-.----.~-..~. _,,,.,~,~_, ~,~,_ l~ _ -w ..-~d ~ - - - - Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACRD 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 ACRD 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. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 9 Development Process Checklist ~SUbmlt 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 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 8~ 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 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. 10