ACHD Commentsy ~€~~~~
"~ CHD ~
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June 18, 2008
TO: Landmark Development Group
2462 Sunshine Dr.
Boise, ID 83712
OWNER: ReLo Development
16679 N. 90~' St. Ste. 100
Scottsdale, AZ 85260
REP: Robert Kubicek Architects 8~ Associates, Inc.
2233 E. Thomas Rd.
Phoenix, AZ 85016
SUBJECT: MCZC-08-047 /MDES-08-016
2970 N. Eagle Rd.
Restaurant/ Retail Bldg.
Carol A. McKee, Pr~ident
Sherry R. Huber, lst Vice Pr~ident
Dave Bivens, 2nd Vlce President
John S. Franden, Commissioner
Rebe~a W. Amold, Commissioner
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~;~i'~~y C)r ~~L~~,~I~i~J
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On July 12, 2006, the Ada County Highway District Commission acted on MPP-06-002 for Gateway
Market Place Subdivision. The conditions and requirements also apply to MCZC-08-047 /MDES-08-
016.
• 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 Distric~
• A traific impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit Contact ACHD Planning 8 Development Senrices 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,
~a~~
Chelsee Kucera
Right-of-Way and Development Services
CC
Project File
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden C'iry, ID • 83714 • PH 2O8-387-6100 • 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 se~tion 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 fa~ts 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 Divislon 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 Wlth" 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 devetopment 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 Commisslon 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 Revlew 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 RequesY' form to Ada County Highway District (ACHD) Construction (for approval by
Development Services 8~ Traffic Services). There is a one week tumaround 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 8~ Sediment Control NaRative 8~ Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment 8 Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certfied Plan
Designer, must be tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage
Division.
^ Idaho Power Company
• ~c 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.
~ ,
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Project/File: Gateway Marketplace-MPP-06-002
Lead Agency: City of Meridian
Site address: Southeast comer of Ustick Road 8~ SH-55
Commission July 12, 2006
Approval: This application required Commission action due to the
requirements and costs associated with designing and
constructing a new north-south collector roadway east of the site.
The item was approved on the Consent Agenda on July 12, 2006.
Applicant: Landmark Development Group LLC
1882 Toluka Way
Boise, ID 83712
Staff Contact: Lori Den Hartog
Phone: 387-6171
E-mail: IdenhartoqCc~achd.ada. id. us
Tech Review: June 30, 2006
Application Information:
Acreage: 22.85-acres
Current Zoning: C-G
Lots: 23 commercial lots
A. Findinqs of Fact
Right=of-Way & Develvpment Depcu~tmend
E~cisting Conditions
1
Site Information: The site is currently vacant.
2.
Description of Adjacent Surrounding Area:
Direction Land Use Zonin
North Commercial Lowes C-G
South Undevelo ed C-G
East Undevelo ed C-G
West Undeveloped (Future Sadie Creek
Promenade 8 Bienville S uare C-G
1
Development Impacts
3. Trip Generation: This development is estimated to generate 12,320 vehicle trips per
day based on the submitted traffic impact study.
4. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee uvill be based on the impact fee
ordinance that is in effect at that time.
5. Impacted Roadways:
Roadway Frontage Functional
Classifcation Traffic Count Speed
Limit
Ustick Road 735-feet Minor Arterial 9~104 on 11-08-05 e/o 35 MPH
SH-55 40 AV
Eagle Road Principal
45
115 on 4-26-05 s/o 55 MPH
(SH-55) 1355-feet Arterial/State ,
Ustick Road 50 AV
Hi hwa
*Acceptable level of service for a five lane arterial roadway is ~E° (37,000 VTD).
6. Other Development in Area/Miscellaneous
~ ACHD reviewed this site as part of a rezone and annexation application, MAZ03-0018.
• ACHD has reviewed and approved MCUP05-0048, the application for the Kohl's Department
Store at the northwest comer of Ustick Road and SH-55.
• ACHD has reviewed and approved an application for Bienville Square, located on the west side of
SH-55 south of Ustick Road.
• ACHD has reviewed and approved Sadie Creek Promenade, a commercial development located
at the southwest corner of Ustick Road and SH-55.
B. Findinqs for Consideration
1. Traffic Impact Study
A tra~c impact study was prepared by Gary Funkhouser of Stanley Consultants.
• The site is expected to generate 12,320 vehicle trips per day, with 271 AM peak hour trips
and 1,146 PM peak hour trips.
• Site tra~c distribution: 15% west of the site on Ustick Road, 20% east of the site on Ustick
Road, 35% south of the site on Eagle Road and 30% north of the site on Eagle Road.
• The Eagle Road/Ustick Road intersection is projected to operate at LOS D in 2008.
• The Eagle Road/Fairview Avenue intersection is projected to operate at LOS E in 2008.
• The Eagle Road/Pine Avenue intersection is projected to operate at LOS F in 2008.
• The Ustick Road/Cloverdale Road intersection is projected to operate at LOS E in 2008.
• The Ustick Road/Locust Grove Road intersection is projected to operate at LOS B in 2008.
• If access is allowed on Eagle Road, auxiliary lanes are warranted. (These should be
coordinated with ITD.)
2. Ustick Road
Ustick Road, from Leslie Drive to Allys Way, including the Eagle Road intersection, has recently
been widened and improved to 5-lanes. Sidewalks were not constructed with the roadway
improvement project, but are required to be constructed as development occurs on the
undeveloped properties. The intersection was widened to inctude dual left turning lanes on the
2
Ustick Road legs. This project was a public/private partnership that involved other land owners and
developers in the area.
The applicant should be required to construct a 5-foot wide detached concrete sidewalk on Ustick
Road. Provide a sidewalk easement for any portion of the sidewalk located outside of the right-of-
way.
3. Ustick Road Driveways
Offset Policy:
• District policy 72-F5, requires driveways located on collector or arterial roadways with a speed
limit of 40 to align or offset a minimum of 185-feet from any existing or proposed driveway.
• District policy requires driveways to be located a minimum of 440-feet from signalized
intersections for full access, and 220-feet from signalized intersections for restricted right-in/right-
out access.
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.
Paving Policy: Graveled driveways abutting public streets create maintenance problems due to
gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant
should be required to pave the driveway its full width and at least 30-feet into the site beyond the
edge of pavement of the roadway.
Applicant Proposal
• The applicant is proposing to utilize a right-in/right-out driveway on Ustick Road located
approximately 350-feet east of SH-55. The applicant will be required to construct a raised
concrete median in the center of the roadway to restrict the access.
• The applicant is proposing to utilize an existing full access driveway on Ustick Road located
approximately 700-feet east of SH-55.
Staff Comment/Recommendation
• The driveways should be approved as proposed, in accordance with District policy.
4. Frontage Road on Eagle
The City of Meridian's Unified Development Code requires that access points on Eagle Road (SH
55) only be allowed at the section line and/or at the'/ mile. The Unified Development Code
requires frontage roads be constructed to provide adequate access to properties adjacent to a State
Highway. The Gateway Marketplace development is not proposing to construct a frontage road on
their site. In lieu of constructing a frontage road, the applicant is proposing to utilize a proposed
north-south roadway located one parcel away to the east. ACHD acquired the property with the
intent that a north-south roadway would be constructed in the future at the signalized intersection
with Allys Way. In December 2005, the ACHD Commission approved the designation of that
roadway as a collector from Ustick Road to Fairview Avenue, along with an east-west mid-mile
collector to connect to SH-55. (See map.) This site will have access to a signalized roadway (Allys
Way) through three proposed cross access points provided to the adjacent property owners.
The City of Meridian has allowed this applicant to not construct a frontage road on their site and has
allowed the applicant to consider the proposed north-south collector (Allys Way}, as their frontage
road. Based on that determination, District staff recommends that the applicant be responsible for
constructing the westerly half of that roadway (to include 24-feet of pavement, vertical curb, gutter,
3
and a 5-foot detached sidewalk) from Ustick Road south for approximately 1,355-feet. Ultimately,
these costs should be shared by the applicant and the developers of the parcel to the east of
Gateway Marketplace as Allys way will provide access to both developments. When the District
receives a development application for the parcel to the east in the future, the District will
recommend the parcel to the east pay its proportionate share of the costs of Allys Way.
The applicant should be required to enter into a Development Agreement with the District to provide
for the design and construction of Allys Way to a full 46-foot street section with curb, gutter and
sidewalk on both sides from Ustick Road south approximately 1,355-feet. The District should be
responsible for the cost of curb, gutter and sidewalk on the east side of Allys Way and 18-feet of
pavement to complete the road section. It is unlikely that the properties east of Allys Way will
redevelop in a reasonable timeframe to enable the district to require the improvement of the east
side of the road. The Development Agreement should be executed prior to approval of the final
plat.
5. Cross Access to the East
The applicant is proposing to provide three points of cross access to the parcel to the east. That
parcel has recently been approved for annexation and rezone by the City of Meridian, and has only
330-feet of frontage on Ustick Road (Una Mas parcel). Further to the east is a 5-acre parcel owned
by ACHD and also has been recently approved annexation and rezone by the City of Meridian.
ACHD acquired that property with the intent that a north-south roadway would be constructed in the
future at the signalized intersection with Ally Way. In December 2005, the ACHD Commission
approved the designation of that roadway as a collector from Ustick Road to Fairview Avenue,
along with an east-west mid-mile collector to connect to SH-55. (See map.) This site will have
access to a signalized roadway (Allys Way) through three proposed cross access points provided to
the adjacent property owners. In order for this site to utilize Allys Way the cross access drives have
been designed and proposed to meet the City of Meridian's private road standards. The cross-
access easements have two travel lanes, sidewalks and no parking.
The City of Meridian Planning and Zoning Commission recommended that the southem most
access from this parcel across Una-Mas Parcel be a public street extended to Eagle Road. District
staff does not support this recommendation and recommends that no public street connection from
Allys Way through the Una-Mas Parcel to the Gateway Marketplace be required. The private drives
with recorded cross access easements should provide adequate access for the parcels.
6. Eagle Road Right-of-Way, Improvements and Access
The City of Meridian recently approved two permanent right-in/right-out ONLY driveways on Eagle
Road for this development. The first right-in/right-out driveway is to be located a minimum of 850-
feet south of Ustick Road, and the second is to be located at the % mile.
C. Site Specific Conditions of Approval
Construct a 5-foot wide detached concrete sidewalk on Ustick Road. Provide a sidewalk easement
for sidewalk located outside of the right-of-way.
2. Utilize a right-in/right-out driveway on Ustick Road located approximately 350-feet east of SH-55.
Construct a raised median in the center of the roadway to restrict the access.
3. Utilize a full access driveway on Ustick Road located approximately 700-feet east of SH-55.
4
4. Construct the westerly half of Allys Way from Ustick to a point approximately 1,355-feet south of
Ustick. The westerly half of the roadway shall include vertical curb, gutter, 5-foot detached concrete
sidewalk, and a minimum 24-feet of pavement.
5. Enter into a Development Agreement with the District to provide for the design and construction of
Allys Way to a full 46-foot street section with curb, gutter and sidewalk on both sides from Ustick
Road south approximately 1,355-feet. The District should be responsible for the cost of curb, gutter
and sidewalk on the east side of Allys Way and 18-feet of pavement to complete the road section.
The Development Agreement should be executed prior to approval of the final plat.
6. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
Any existing imgation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be bome
by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
5
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
E. Conclusions of Law
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Request for Reconsideration Guidelines
4. Development Process Checklist
6
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7
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 camed 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 retumed. 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.
8
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 Dlvision 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.
OThe Planning Review Division will hold a Technical Revlew 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 iwo (2) sets of engineered plans directly to ACHD for review by the Development
Revlew Dlvision 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 AIVY work in the right-of-way,
including, but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
D/D YOU REMEMBER:
Constiuction (Zone)
^ Driveway or Properly Approach(s)
• Submit a°Driveway Approach RequesY' form to Ada County Highway District (ACHD) Construction (for approval by
Development Services ~ Traffic Services). There is a one week tumaround for this approval.
^ Working in the ACHD Rlght-0f-Way
• Four business days prior to starting work have a bonded contraotor submit a"Temporary Highway Use Permit Application"
to ACHD Construction - Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative 8 Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment 8 Erosion Submlttal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative 8~ Plat, done by a Certified Plan
Designer, must be tumed 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.
^ Flnal Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con.
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