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ACHD Comments~ _ Vogwn,.v"~ed~o e~. September 16, 2008 TO: Goldenview Property, LLC Gary & Kristi Shohet 2524 N. Stokesberry PI. Meridian, ID 83646 REP: James Gibson Associates P.O. Box 219 Eagle, ID 83616 SUBJECT: MCZC-08-081 Shohet Bldg. 2584 N. Stokesberry PI. Carol A. McKee, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner On September 9, 2003, the Ada County Highway District Staff approved MPP-03-026 for Stokesberry Subdivision No. 2. The conditions and requirements also apply to MCZC-08-081 and MDES-08-023. • Prior to final approval you will need to submit construction plans to the ACRD 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 & Development Services at 387-617p for information regarding impact fees. If you have any questions or concerns please feel free to contact this office at (208) 387-6276. Sincerely, ~~~ ~ Michele White Right-of-Way and Development Services CC: Project File, City of Meridian, James Gibson Associates Ada County Highway District • 3775 Adams Street • Garden City, Ip • 83714 • PN 208-387-6100 • FX 345-7650 • www.achd.ada.id.us Standard Conditions of Approval 1. 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 ACHD roadway or right- of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing 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. 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. 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 cost 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 ACHD 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 decisian made by the ROWDS Manager when it is alleged that the ROWDS Manager did nat properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact ar 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 far 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 decisian 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 an 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 fallowing 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: Fallowing 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 AGHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do one of the following: ^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ®Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ^Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ^For ALL development applications, including those receiving a "No Review" or "Comply With" letter: • The applicant should submit a set of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. D!D YOU REMEMBER: Construction (Zone) ^ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" farm to Ada County Highway District (ACHD) Construction (far 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 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 Gertified Plan Designer, must be turned into AGHD Construction -Subdivision to be reviewed and approved by the AGHD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCQ approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services AGHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. Ada County Highway District Right-of--Way & Development Department Planning Review Division This application does not require Commission action and is approved at the staff level on Tuesday, September 9, 2003. Tech Review for this item was he/d with the representative on Friday, September 5, 2003 per a-mail. P/ease refer to the attachment for appeal guidelines. Staff contact: Joyce Newton, 208- 387-6171 phone, 208-387-6393 fax, jnewtonC~achd.ada.id.us File Numbers: MPP03-026/Stokesberry Subdivision No. 2 Site address: West side of Eagle Road, north of Fairview Avenue Owners/Applicant: Properties West Inc 1401 Shoreline Drive 8aise, Idaho 837D2 Representative: JUB Engineers Gary Lee/Daren Fluke 250 S. Beechwood Avenue, Suite 201 Boise, Idaho 83709 Application Information: The Ada County Highway District (ACRD) staff has received the above referenced application requesting preliminary plat approval to re-plat Lots 1 thru 4, Block 1 of Stokesberry Subdivision (Carol Professional Center). No changes to the roadways are being proposed. The exterior boundary lines of the original plat are not being adjusted only the re-platting of four internal lots. The 4.15-acre site is located on the west side of Eagle Road, approximately'/a-mile north ofi Fairview Avenue. Acreage: 4.15-acres Current Zoning: L-O (Limited Office) Buildable Lots: 15-lots Common Lots: None On April 12, 2000, the Ada County Highway District Commission reviewed and approved the preliminary plat for Stokesberry (Carol Professional Center) an eight-lot commercial subdivision. Vicinity Map _..' ._I MPPp$-026/Stokesberry No. 2 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 412 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: This proposed development is estimated to generate less than 1,000-trips per day therefore a traffic impact study was not required with this application. 4. Site Information: On April 12, 2000 the Ada County Highway District Commission reviewed and approved the preliminary plat for Stokesberry (Coral Professional Center) an eight-lot commercial subdivision. The four lots that are being re-platted are currently undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Residential (Carols Subdivision) b. South: Undeveloped parcel c. East: Undeveloped parcels d. West: Residential (Parkard Estates) 6. Impacted Roadways Ea le Road: Frontage: Functional Street Classification Traffic count: Speed limit: Approximately 650-feet Principal Arterial North of Fairview Avenue was 36,411 on 2/20/02 55-mph Eag/e Road is under the jurisdiction of Idaho Transportation Department (lTD). East River Valley Street: Frontage: Approximately 282-feet Functional Street Classification: Collector Speed limit: 25-mph North Stokesber Place: Frontage: Approximately 421-feet Functional Street Classification: Local Commercial Speed limit: 25-mph 7. Roadway Improvements Adjacent To and Near the Site/Existing Right-af-Way Eagle Road is a principal arterial roadway with no curb, gutter or sidewalk abutting the site within 140-feet of right-of-way. Eagle Road is under the jurisdiction of Idaho Transportation Department (ITD). 2 East River Valley Street is collector roadway with detached sidewalk abutting the site within 33-feet of right-of-way. North Stokesberry Place is a local commercial roadway with curb, gutter and sidewalk abutting the site within 58-feet of right-of-way. $. Existing Access to the Site Driveway access to Stokesberry Place per Site-specific requirement # 8 of Stokesberry Subdivision was to be constructed as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pavement. Driveways were constructed with Stokesberry Subdivision. 9. Site History District staff has not reviewed this site as an application or prepared a report in the past year. 10. Capital Improvements Plan/Five Year Work Program This location is not programmed into the District's current Capital Improvements Plan and/or Five Year Work Program for reconstruction or any roadway improvements. B. Findings for Consideration Required roadway improvements were constructed with Stokesberry Subdivision (Carol Professional Center). 2. All of the site-specific conditions of approval of Stokesberry Subdivision (Carol Professional Center) apply to Stokesberry Subdivision Number 2. 3. In 1997, the District conducted an access control study for the Eagle Road corridor (Ea le Road Access Control Stud , MK Centennial Engineering, September 25, 1997). The access control area covered in this plan included the segment of Eagle Road adjacent to Stokesberry (Carol Professional Center) and recommended that driveway access to Eagle Road be eliminated and that public street intersections be located at the quarter and half mile point. The applicant of Stokesberry (Carol Professional Center) was proposing to construct an east/west collector road (East River Valley Street) at the quarter mile location. Based on the findings of the Eagle Road Access Control Study, this site should not have a driveway on Eagle Road and the primary access to the arterial street system should be provided from the new easdwest collector roadway. The location of new collector roadway was also identified in the Ea le Road Access Control Stud as a temporary full-access intersection. The intersection will be restricted to right-in/right-out operation as traffic volumes on Eagle Road increase. The District previously acted on MA-08-99, the River Valley elementary school site located immediately west of Stokesberry (Carol Professional Center). The school site constructed a public street connection to Eagle Road along this site's south property line. The new street was constructed along this site's south property as a 28-foot wide roadway tapering to 40-feet at the intersection of Eagle Road. 3 4. The Idaho Transportation Department (ITD) is currently in the process of conducting a study of State Highway 55 (Eagle Road) from the I-84 Interchange to the intersection of the State Highway 44 Bypass in the city of Eagle. The study will cover the operational characteristics of the roadway, which includes signal operation and spacing, and changes in access controls. The findings and conclusion of the study could have potential impacts on current and future access points to the Highway. 5. PARK & RIDE ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement fora 10-space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. ATP In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Catherine Sanchez at 357-5160. TMA/TMD In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpoals, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. C. Site Specific Conditions of Approval All of the site-specific conditions ofi approval of Stokesberry Subdivision (Carol Professional Center) apply to Stokesberry Subdivision Number 2. 2. Eagle Road is under the jurisdiction of Idaho Transportation Department (ITD). Application materials shall be submitted to ITD for review and requirements of that Department and the applicant shall 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. The applicant may contact District III Traffic Engineer at 334-8341. 3. No access points to Eagle Road have been proposed and none are approved with this application. 4. No access points to East River Valley Street have been proposed and none are approved with this application. 4 5. East River Valley Street was identified in the E~ca le Road Access Control Study as a temporary full- access intersection. This intersection will be restricted to right-in/right-out operation as traffic volumes on Eagle Raad increase. The Idaho Transportation Department (ITD) is currently in the process of conducting a study of State Highway 55 (Eagle Road) from the I-84 Interchange to the intersection of the State Highway 44 Bypass in the city of Eagle. The study will cover the operational characteristics of the roadway, which includes signal operation and spacing, and changes in access controls. The findings and conclusion of the study could have potential impacts on current and future access points to the Highway. 6. 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 ACRD 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 #197, 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 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 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. 5 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. 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. Appeal Guidelines 6 Request for Appeal of Staff Decision Appeal of S#aff 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 ar law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Fallowing 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. Appeal Guidelines 7