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ACHD Commentsf ~~~~ ."'~ C D ~'''" ~iorwrwv"~"ec~~o Serwreo August 14, 200$ TO Maverik Inc. $80 W. Center St. Salt Lake City, UT $4054 REP: Ten Mile Center- Ed McNelis 621 N. Robinson Rd. Nampa, ID 83687 SUBJECT: MCZC-08-071 Maverik Store #405 3202 W. Ustick Rd. Carol A. McKee, President 5heny R. Huber, 1st Vice President Dave Bivens, 2nd Vice President john S. Franden, Commissioner Rebecca W. Arnold, Commissioner On March 24,.2004, the Ada County Highway District Commission acted on MAZ04-004/ MPP04-004 for McNelis Subdivision. The conditions and requirements also apply to MCZC-0$-071. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Section to insure compliance with the conditions identified above and/or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. • A traffic impact fee will be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning 8~ 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, ~~L 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 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 firontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. $. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cast to ACRD 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 ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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 far 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 Gity 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) far 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 ACWD 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 X50' or you are placing X600 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. ~ Ada Count Hi hwa District y ~ Y Right-of--Way & Development Department Planning Review Division This application requires Commission due its location within the North Meridian Planning Area and the estimated vehicle trips per day that the site is anticipated to generate. This item is scheduled to be on the consent agenda on Wednesday March 24, 2004. Tech Review for this item was held with the applicant on Friday March 12, 2004. Please refer to the attachment for request for reconsideration guidelines. Staff contact: Andrea N. Tuning, 208-387-6177-phone, 208-387-6393-fax, atuninp(7achd. ada. id. us File Numbers: McNelis SubdivisionlMAZ04-004/MPP04-004 Site address: 3365 North Ten Mile Road Owner/Applicant: Falcon Creek, LLC 621 North Robinson Road Nampa, Idaho 83687 Representative: Engineering Solutions 150 East Aikens Street, Suite B Eagle, Idaho 83616 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation, rezone and preliminary plat approval to construct a 16-lot commercial subdivision on 34.6-acres. The site is currently zoned RUT and is proposed to be rezoned to I-L, L-O and C-G. The site is anticipated to contain 2- commercial lots, 10-office lots and 4-light industrial lots. The site is located on the northwest corner of Ustick Road and Ten Mile Road. Acreage: 34.6-acres Current Zoning: RUT Proposed Zoning: I-L, L-O and C-G Buildable Lots: 16-lots Common Lots: 5-lots Vicinity Map A. Findings of Fact Trip Generation: This development is estimated to generate 2,678 additional vehicle trips per day (10 existing) based on the submitted traffic impact study. 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. Site Information: The site currently has asingle-family dwelling with several out buildings. 4. Description of Adjacent Surrounding Area: a. North: 46.48-acre site owned by the City of Meridian, 11.748-acre site, 1.03-acre site owned by Idaho Power b. South: Englewood Creek Subdivision c. East: Hartford Subdivision and 75.0-acres d. West: 23.7-acres, 0.976-acres, 0.879-acres and 6.388-acres 6. Impacted Roadways Ustick Road: Frontage: 935-feet Functional Street Classification: Minor Arterial Traffic count: West of Ten Mile Road was 3,604 on $-2-01 Level of Service: Currently better than C Speed limit: 45 MPH Ten Mile Road Frontage: 935-feet Functional Street Classification: Minor Arterial Traffic count: South of Ustick Road was 4,427 on 8-2-01 Level of Service: Currently better than C Speed limit: 50 MPH 7. Roadway Improvements Adjacent To and Near the Site Usitck Road is currently improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. There is a meandering sidewalk that is located on the south side of Ustick Road that was constructed as a part of Englewood Creek Subdivision. Ten Mile Road is currently improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. 8. Existing Right-of-Way Usitck Road has a total of 73-feet of right-of-way (25-feet from centerline). Ten Mile Road has a total of 70-feet of right-of-way (25-feet from centerline). 9. Existing Access to the Site The site currently utilizes an existing driveway that is 15-feet in width and intersects Ten Mile Road approximately 440-feet north of Ustick Road. 2 10. Site History On October 17, 2001, the District approved an annexation, rezone and preliminary plat application on this site. The site was proposed to be rezoned from RUT to I-L and consist of 8-industrial lots. The site was anticipated to generate 3,006 VTPD. The City of Meridian denied the application for the $-lot industrial subdivision. 11. Traffic Impact Study: A traffic impact study was required with this application. The study was completed by Washington Group International. The fallowing is a summary of the conclusions/recommendations from the submitted traffic impact study. The proposed McNelis Subdivision development is projected to generate an average daily traffic (ADT) of 2,678 vehicles per day (vpd), of which the peak hour traffic (PHT) is projected to be 327 vehicles per hour (vph). Due to the nature of the development, a percentage of these trips would be pass-by trips that would be present regardless of the development. New trip percentages were determined based on the newly approved Ada County Highway District policy manual. Using these percentages, the new trips that would be added to the existing roadways are 2,3$2 vpd, with 293 vehicle trips in the p.m. peak hour. 2. The development proposes one full-access driveway approach and one public street approach onto Ustick Raad, and one public street approach, one full-access driveway approach, and one right-in right-out driveway approach to Ten Mile Road. At the build out year of 2007 the approaches are projected to operate well under capacity. 3. All access locations conform with the Ada County Highway District policy manual. 4. The Ada County Highway District's requirements for right-turn bays and left-turn bays were used to evaluate the need for right and left-turn lanes at the site accesses. Based on these findings, none of the site approaches require separate left-turn lanes. A special radius is warranted at the Ten Mile Road/McNelis Drive approach for southbound right-turning vehicles, and aright-turn lane is required at the Ustick Road/Burley Avenue approach. No other approaches warranted right-turn treatments. 5. A capacity analysis for the Ustick Road/Ten Mile Road intersection for the 2011 build-out scenario was pertormed. The intersection was analyzed as it currently exists with an all-way stop control. Using the 2011 build-out volumes the intersection is projected to operate at a LOS E with a delay of 43 seconds per vehicle. The capacity analysis was then performed for the 2011 build-out with the addition of left-turn lanes on the southbound, eastbound, and westbound approaches yielding a LOS C with a delay of 22 seconds per vehicle. It is recommended that left-turn lanes be constructed by ACHD at the Ustick Road/Ten Mile Road intersection as warrants are met. 6. A roadway capacity analysis was pertormed for Ustick Road and Ten Mile Road to ensure that adequate capacity is available for the projected increase in traffic. Capacity is available for the 2011 build out volumes. These roadways will not have adequate capacity to handle the build out of the 12-square mile North Meridian Planning Area at 2020. Any improvement' on these roadways should be based an the recommendations of the North Meridian Area Traffic Study. 12. Capital Improvements Plan/Five Year Work Program These segments of Ustick Road and Ten Mile Road are not included in the District's Five Year Work Program or Capital Improvements Plan. 12. Other Development in Area Staff has reviewed a number of development applications in the north Meridian area. 3 The following list is a compilation of developments that the District has approved recently within this identified area: • On October 17, 2001 the Commission approved a rezone and preliminary plat application for an $-lot industrial subdivision on 34.6-acres (Utility Subdivision). Note: Later denied by City of Meridian. • On November 7, 2001 the Commission approved a rezone and annexation application for 370- acres. The Commission also approved a preliminary plat for 336-lots on 175-acres and conditional use approval for a total of 692 single-family residences, 59 senior housing units, 17 office lots, 10 commercial lots, and an elementary school (Bridgetower Subdivision). • On February 6, 2002, the Commission approved a preliminary plat application fora 272-lot residential subdivision on 78-acres (Baldwin Park). • On April 17, 2002, the Commission approved a preliminary plat application far a 285-lot subdivision on 75-acres (Heritage Commons Subdivision). • On May 22, 2002, the Commission approved a preliminary plat application for an $76-lot mixed- use subdivision. The subdivision consisted of $62 single-family dwellings, 171 multi-family dwellings, 11 office buildings, 1 commercial building, 1 fire station, 1 city park and 1 private park (Lochsa Falls Subdivision). • On July 17, 2002, the Commission approved a request for approval for an annexation and rezone fora 135,000 square foot Middle School within the Meridian School District. • On August 21, 2002, the Commission approved a preliminary plat application fora 144-lot residential subdivision on 43-acres (Sundance Place Subdivision). • On August 28, 2002, the Commission approved a preliminary plat application fora 12-lot residential subdivision on 5-acres (Drawbridge Subdivision). • On October 23, 2002, the Commission approved an 89-lot residential subdivision on 15.4-acres (Cobblefield Crossing Subdivision). • November 6, 2002, the Commission approved a 327-lot residential subdivision and 1 school site on 120-acres (Havasu Creek Subdivision). • On November 6, 2002, the Commission approved a 3-lot commercial subdivision that is anticipated to include a new Meridian School District Educational Campus that will include one elementary school, two senior high charter schools, two senior high professional technical high schools and one District administration building on 39-acres (Education Campus Subdivision). • On November 20, 2002, the Commission approved, Burney Glen Subdivision, a 117-lot single- family residential subdivision on 36-acres • On November 26, 2002, the Commission approved Cedar Springs North Subdivision, a 229-lot mixed-use subdivision consisting of 1$4-single-family residential lots, 12-office lots, and 32- common lots and 1-lot that is anticipated to redevelop into attached single-family residential lots (town houses). • On January 8, 2003, the Commission approved Watersong Estates Subdivision, a 125-lot single- family residential subdivision located on 39.92. • On January 15, 2003, the Commission approved Silverleaf Subdivision, a 73-lot mixed-use subdivision. The subdivision is proposed to contain 72-single-family residential lots and 1- elementary school lots located on 38.65-acres. • On January 29, 2003, the Commission approved Parkstone Subdivision, a 334-mixed-use subdivision proposed to contain 275-single-family residential lots, 52-townhouse lots, 4-office lots, 2-commercial lots and 1-mini storage lot. • On February 19, 2003, the Commission approved Setter Cave Subdivision, a 16-lot single-family residential subdivision located on 10-acres. 4 • On March 19, 2003, the Commission approved Paramount Subdivision, an 847-lot mixed-use subdivision proposed to contain 764 single-family residential lots, 5-commercial and office lots, 73-townhouse lots, 1multi-family lot (270 apartments), a community center, 1-elementary school lot, 1-high school lot and 2-church lots an 392-acres. • On April 23, 2003, the Commission approved Birchstone Creek Subdivision, a 98-lot residential subdivision consisting of 89 single-family lots, an elementary school site and 8 common lots on 34.5-acres. • On July 2, 2003, the Commission approved Kelly Creek Subdivision, a 230-lot mixed us subdivision consisting of 216 single-family lots and 14-commercial/office lots. • On November 7, 2003, the District approved Cobblefield Crossing Subdivision #2, a 39-lot single- family residential subdivision on 7.98-acres. • On November 12, 2003, the Commission approved Saguaro Canyon Subdivision, a 461-lot single-family residential subdivision on 140.25-acres. • On December 3, 2003, the Commission approved a 66-lot single-family residential subdivision. on 15.04-acres. • On December 3, 2003, the Commission approved Sheridan Place Subdivision, a 46-lot single- family residential subdivision on 13.995-acres. • On December 17, 2003, the Commission approved Razberry Crossing Subdivision, a 38-lot mixed-use subdivision on 11.31-acres. The subdivision is proposed to contain 34-single-family residential lots and 4-office lots. • On January 7, 2004, the Commission approved Baldwin Park Subdivision, a 71-lot single-family residential subdivision on 19.07-acres. • On January 21, 2004, the Commission approved Settlement Bridge Subdivision, a 266 single- family residential subdivision an 70.64-acres. • On March 3, 2004, the Commission approved Jaydan Village Subdivision, a 75-lot single-family single-family residential subdivision on 16.73-acres. B. Findings for Consideration Right-of-Way and Sidewalk 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 5-foot wide (minimum) concrete sidewalk on all arterial streets. Ustick Road Ustick Road is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-af-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Raad, located a minimum of 41-feet from the centerline of the right-af-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. 5 c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Ten Mile Road Ten Mile Road is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Ten Mile Road, and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 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). Main Entrance on Ustick Road The applicant is proposing to construct a commercial roadway that intersects Ustick Road approximately 690-feet west of Ten Mile Road. This roadway location meets District policy and should be approved with this application. Main Entrance on Ten Mile Road The applicant is proposing to construct a commercial roadway that intersects Ten Mile Road approximately 830-feet north of Ustick Road. This roadway location meets District policy and should be approved with this application. 3. 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 spine roadway as a 40-foot street section with vertical curb, gutter and a 5-foot attached concrete sidewalk on both sides of the roadway. The proposed street section meets District policy and should be approved with this application. 4. Driveways District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 45 to align or offset a minimum of 230-feet from any existing or proposed driveway. District policy 72-F5, requires driveways located an collector or arterial roadways with a speed limit of 50 to align or offset a minimum of 255-feet from any existing or proposed driveway. 6 District policy F2-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-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. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Driveways on Ustick Road The applicant is proposing to construct a 30-foot wide full access driveway that intersects Ustick Road approximately 350-feet west of Ten Mile Road. This driveway is proposed to align with Niemann Street on the south side of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Driveways on Ten Mile Road The applicant is proposing to construct a 30-foot wide right-in/right-out driveway ONLY that intersects Ten Mile Road.approximately 220-feet north of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant should work with District staff to determine how the driveway will be restricted. The applicant is proposing to construct a 30-foot wide full access driveway that intersects Ten Mile Road approximately 440-feet north of Ustick Road. Pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. Internal Driveways District policy requires driveways on local streets to be located a minimum of 50-feet (measured near edge to near edge) from any roadway intersection. The applicant should locate the driveways on the internal roadways to be located a minimum of 50- feet (measured near edge to near edge) from any roadway intersection. 5. Islands/Medians District policy 7202.7 and 7207.5 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 applicant is proposing to construct two 10-foot wide islands/medians that are proposed to be located within North Burley Avenue and West McNellis Drive. The islands should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot and provide a minimum of a 21-foot street section on either side of any proposed center island. The islands should also be owned and maintained by a homeowners association. 7 6. Auxiliary Turn Lanes District policy 3004.1, 72-F8, AASHTO guidelines and the MUTCD guidelines require the turn lane to be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. District policy 3004.1 and AASHTO Guidelines require tapers to be constructed on a varying basis contingent upon the pasted speed limit. Coordinate the design of the taper with District staff. Based on the submitted traffic impact study, the applicant should construct a special radius on Ten Mile Road for southbound traffic at the Ten Mile Road/McNellis Drive intersection. Coordinate the design of the special radius with District staff. Based on the submitted traffic impact study, the applicant should construct aright-turn lane on Ustick Road for west bound traffic at the Ustick Road/Burley Avenue intersection. Coordinate the design of the turn lane with District staff. 7. Other Access Ten Mile Road and Ustick Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Ten Mile Road and Ustick Road is prohibited. A note of the access restrictions shall be place on the final plat. C. Site Specific Conditions of Approval The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Ten Mile Road, and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. 8 c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a commercial roadway that intersects Ustick Road approximately 690-feet west of Ten Mile Road, as proposed. 4. Construct a commercial roadway that intersects Ten Mile Road approximately 830-feet north of Ustick Road, as proposed. 5. Construct the internal spine roadway as a 40-foot street section with vertical curb, gutter and a 5-foot attached concrete sidewalk on both sides of the roadway, as proposed. 6. Construct a 30-foot wide full access driveway that intersects Ustick Road approximately 350-feet west of Ten Mile Road, as proposed. This driveway is proposed to align with Niemann Street on the south side of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7. Construct a 30-foot wide right-in/right-out driveway ONLY that intersects Ten Mile Road approximately 220-feet north of Ustick Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Coordinate with District staff to determine haw the driveway will be restricted. 8. Construct a 30-foot wide full access driveway that intersects Ten Mile Road approximately 440-feet north of Ustick Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 9. Locate the driveways on the internal roadways to be located a minimum of 50-feet (measured near edge to near edge) from any roadway intersection. 1 D. Construct a special radius on Ten Mile Road for southbound traffic at the Ten Mile Road/McNellis Drive intersection, as recommended by the submitted traffic impact study. Coordinate the design of the special radius with District staff. 11. Construct aright-turn lane on Ustick Road for west bound traffic at the Ustick Road/Burley Avenue intersection, as recommended by the submitted traffic impact study. Coordinate the design. of the turn lane with District staff. 12. Construct two 1 D-foot wide islands/medians that are proposed to be located within North Burley Avenue and West McNellis Drive, as proposed. Construct the islands to be a minimum of 4-feet wide to total a minimum of a 100-square foot and provide a minimum of a 21-foot street section on either side of any proposed center island. The islands shall be owned and maintained by a homeowners association. 13. Other than the access points that are specifically approved with this application, direct lot access to Ten Mile Road and Ustick Road is prohibited. A note of the access restrictions shall be place on the final plat. 9 14. 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 3$7-82$0 (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 3$7-6258 (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 far occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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. 10 E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines 11 12 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 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 an the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again an 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. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 13