ACHD Comments~~^!"~ l
~:,,.
;.
C -,K
S'?~i
4~.
November 14, 2008
t ~ ~;~~1
"''~ CHD
c~~~~~
TO: BRS Architects- Scott Stom
1010 S. Allante PI. Ste. 100
Boise, ID 83709
OWNER: Mason Creek, LLC
2076 S. Eagle Rd.
Meridian, ID 83642
SUBJECT: MCZC-08-094
Mason Creek Pad A
2959 N. Eagle Rd.
Carol A. McKee, President
Sheny R. Huber, 1st ice President
Dave Bivens, 2nd ice President
John S. Franden, Commissioner
Rebecca W. Amold, Commissioner
On February 1, 2006, the Ada County Highway District acted on MPP-05-059 for Bienville Square
Subdivision. The conditions and requirements also apply to MCZC-08-094.
• 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 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,
_ z(~~
Chels~ era
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
Cx~.;;~~~~~ ~
'
~
~
`
.,
~~
r~
.~ ~
~
~
,
~
}
h~ Tr'` `k„
~ +
V ~Sd .1~Si _
~~
~
~
` {. ~~
_
~
r
~,` 4^ i` \
`ter
. ~E
#' ` ~'
~ ~ 1 ~
~
k u~
L ~
~
~ +
fF3
~
. ~y-,1
l
. ~. J
.,
~
. ~
~a ~~T
:
:C~~ ry'
~, _
~f> i
F
-1`c~~'
om` ~'~.
~
.
~ Y
A y~ -
s~r ~ y
~'ti5.~
~ V
J
`
L~~~r
k" R
I
f L.. ,
1
~-0•
, r
+.~iq t~} ~'.~
~
~'lnc,'i ~
~ ~C.l~'~ -
y
G ~
~
~ y
~
~
~ 3
~
~~ 4~~ I
~ f ~:+
'C
$',
+.i3:
fi
Standard Conditions of Approval
R 1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
.fi
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
~F' construction of the proposed development. Contact Construction Services at 387-6280 (with file
:;. number) for details.
fx ..
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
'S~'~~ of Idaho shall prepare and certify all improvement plans.
G ` ~; 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.
k-..
i~ 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 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
~.,-
~,z,: ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in
3 ;;, the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
3'..
tF ,~::
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
tt :,
~~~ application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
;y~,~ regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
_v= 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
';- 1. 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
,f =i 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
3_t~'~. 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
r, ~ 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 bein a ealed the notice of a eal
9 pp pp
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
E'` 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.
.;,
r+
=~
f;-
~1~
~:~~
z VT e;4~
t ,~ ~' 4
~ 3 ~ fi*r, ~ g
t3*a '~4 '
~' 'i
~• ~'~. i
~~ ,
~r
.'~_~ ~T~
'
~
~~.,
Fi
l
_
i'
~~
ii ~ ~ ~R
{
~ ~~1 4 ( ]
~S 3y{~h
~ I
3 ~~
A
_
-
~ ~` ~"~`; ~ t ^ e'
u
.
l~
3
- ~
~t
,~., i 1~ ~
g
{+~ ~ ~ -
3
5 4+r - a
t~~_ ~, x~''
yCt tr a"
1 - ~i
~
F~~ i~
~
1aY E'L T 'Y1T' -
~.:
I(.
-- 4 S JS.
'
iYy~ ~~
~~
y~yp
`C~ M „L ~ ~.
R `
1
n
:~ ,s~ .
1~~i~ >,
i
{ ~ t
~K 1
~~i {~
f~~i
~
Ct
.c
~
4fi `~w1bY ~~ ~i
~
,
r,
_
ggp~ q ~~ ~ ~. , ~ ~
~
~ ~
~ ~,
~
~
.t
i
r::F 4~+
~.
~~ 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
~,:.1
®The ACHD Planning Review Division will receive the development application to review
_ _ ®The Planning Review Division will do one of the following:
~,~rs >>~~, ^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
x:',.~.,` 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
~" """ i proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the transportation system and
~, y`{" evaluating the proposal for its conformance to District Policy.
K:.,.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
;;'
~~'~ ^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
'; ~ ~ The applicant should submit a set of engineered plans directly to ACHD for review by the Development Review
• Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACRD,
then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of--way, including,
- _ but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
~;,;
DID YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to
ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment 8~ Erosion Submittal
• 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 turned into ACHD Construction -Subdivision to be reviewed and approved by the ACRD Drainage
Division.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled.
^ Final Approval from Development Services
ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
;~ ~'_
- .-~:,
~-
~', ,;
~_,
~'
.~
~~
~` ~ ~ ;
CHD
ca~~~o
Right-of-Way & Development Services
Planning Review Division
This application is approved at the staff level on February 1, 2006. Tech Review for this item was held with
the applicant on December 2, 2005. Please refer to the attachment for request for reconsideration
guidelines. Staff contact: Christy Richardson, 208-387-6978-phone, 208-387-6393-fax,
~" ` ' cichardson aC~.achd. ada. id. us
File Numbers: Bienville Square/MPP-05-059/MRZ-05-019/MCUP-05-052
~~.~` Site address: 2935 N. Eagle Road (SH-55)
,;x
Applicant: Red Cliff Development
~'~ 2060 S. Eagle Road
Boise, ID 83702
Representative: Ashley Ford
WRG Design, Inc.
s ..,~ 453 S. Fitness Place
Eagle, ID 83616
~;
Application Information:
~~~ ~` The applicant has submitted a preliminary plat, rezone and conditional use application to the City of Meridian
~;~
for a mixed use subdivision with 54 single family lots, 22 multi-family lots and 7 commercial lots. The 17.25-
. acre site is located on the west side of SH-55, south of Ustick Road.
Vicinity Map
pia
h ~~
~:~
h..$}
~:
_~ 1
MCUP-05-048
~F~ y ~~y n9
~ : ~:;
~ ;.5, rt y`
~`:.
iJ .
3
~:
S r~
l"
~~ i
, f
.~i ~.-
~~y
3
J
~'
`..
a
',
,.2 i ~4
fit. `~
w ~
i
~. ~ ~~'
,~
h '
~`:_
:'
a~;
F:,.-~~,.:.:
~'~ ;'. ,
;.
~~
;';
~7,Y`,
y~,~ -
~:~:;
„~ ;:
b
~;,,..~~
~~ .
~:
~~
a<
~ti
;;
7'.
~~° ,_k
°_
. ~;
~~ ;~z
~;=
t~:-:§
`•:~, ~;~
~..
~f}
~k.
__~,.,
k
E1-:
~:> .
A. Findings of Fact
1. Trip Generation: This development is estimated to generate over 2,402 vehicle trips per day
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. Traffic Impact Study: A traffic impact study was submitted with this application and a summary is
noted below.
4. Site Information: The site is currently undeveloped and vacant.
5. Description of Adjacent Surrounding Area:
6.
Direction Land Use Zoning
North Commercial/Sadie Creek Promenade C-G
South Single family residential R-2
West Single family residential R-2
East Undeveloped C-G
Impacted Roadways
Roadway Frontage Functional
Classification Traffic Count Speed
Limit
Ustick Road None Minor Arterial 10,833 on 8-5-3 w/o 40 MPH
Eagle Road
Eagle Road
995' Principal
Arterial/State 41,939 on 1-6-05 n/o
50 MPH
(SH-55) Hi hwa Fairview Avenue
B. Findings for Consideration
1. Traffic Impact Study Summary
A traffic impact study was prepared by Gary Funkhouser of Stanley Consultants.
• 15% of the site traffic is projected to have origins/destinations west of the site and travel on
Ustick Road west of SH-55
• 20% of the site traffic is projected to have origins/destinations east of the site and travel on
Ustick Road east of SH-55
• 35% of the site traffic is projected to have origins/destinations south of the site and travel on
SH-55 south of Ustick Road
• 30% of the site traffic is projected to have origins/destinations north of the site and travel on
SH-55 north of Ustick Road.
• At build-out, Bienville Square is projected to add less than 2% of the total traffic on SH-55
during PM peak hour.
2
MCUP-05-048
". s'.,.
~~~«
,:. ,. __
~; ,, • At build-out, Bienville Square is projected to add less than 3% of the total traffic on Ustick
Road during the PM peak hour.
r~.
~~~ ` • The proposed right-in/right-out access on SH-55 does not meet ITD spacing requirements
z~;; ;: • The Eagle Road/Ustick Road intersection is projected to operate at LOS D in2008.
`~ " ~ • The Eagle Road/Fairview Avenue intersection is projected to operate at LOS E in 2008
{ ~ ~Y.
~~~~~ • 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 Ally Street, including the Eagle Road intersection, has just been
widened and improved to 5-lanes. Sidewalks were not constructed with the roadway improvement
~'~ '~"1 project, but are required to be constructed as development occurs on the undeveloped properties.
~~~ The intersection was widened to include dual left turning lanes. This project was apublic/private
°~'~`:;~ partnership that involved other land owners and developers in the area.
~° ' `' On November 9, 2005, the ACHD Commission reviewed and approved MCUP05-048, a conditional
~, use application for the Kohl's Department Store located at the northwest corner of Ustick and Eagle
~ Roads. With that application, the Commission approved the installation of a signal at the west
"' property line. The signal was approved under the following conditions that also apply to this
application:
~~ • . b. That no signals be allowed on Eagle Road to this site. The applicant's original
proposal included a signal at the % mile on Eagle Road. ITD's Eagle Road Study
allows for signals at the'/ mile. On this segment of Eagle Road, Wainwright Drive
will eventually be signalized at the %2 mile. The City of Meridian's newly adopted
`~' `~ Unified Development Code also prohibits access to the state highways except at the
%~~ '/ mile. ACHD staff is recommending approval of this signal to "spare" Eagle Road
~~
of the addition of another signal not located at the'/ mile. The addition of signal on
':` Eagle Road, not located at the'/ mile, will further complicate signal timing and
~'~-° congestion on the state highway.
c. That anorth-south public roadway be constructed at the signal access to eventually
tie into Wainwright Drive north of Ustick, and to provide access to the parcels south
of Ustick. The additional traffic on the new roadway will help support the need for
L the Ustick Road signal.
d. That all costs associated with the signal be borne by the applicant, except for
materials that will be donated by ACRD. Staff recommends donation of the
hardware because the signal will provide benefit to surrounding property owners.
(This applicant should work with the Kohl's developer regarding timing and
- installation of the signal.)
~' ~ 3. Internal Roadways
~, . With the preliminary plat for Sadie Creek Promenade Subdivision, ACHD required that applicant to
' ' construct anorth-south public roadway as a 40-foot street section with vertical curb, gutter and 5-foot
~~ , wide concrete sidewalk on both sides of the roadway from Ustick Road to the north property line of
this site.
~~
~~_
~" ~ ` 3 MCUP-05-048
~~x-.
R4
..5;=
The applicant is proposing to extend Sadie Creek Avenue into the site at the north property line, with
a network of local streets throughout the subdivision, including a public street intersecting SH-55.
ACHD will not allow a new public street intersection at SH-55, because of the signal that was allowed
on Ustick Road that will serve all of the uses in this area. A public street in this area could create cut-
through trafFicthrough the subdivision from Ustick Road to SH-55, which is not a desired scenario
because of the front-on housing and residential uses.
The applicant may, if allowed by the City of Meridian and ITD, construct a private street or driveway
off of SH-55 to serve the commercial uses, and provide parking on the west side of the commercial
uses where a public street would terminate. This would allow the residents in the area to access the
commercial uses without accessing SH-55, and would eliminate an unnecessary public street access
to SH-55.
Roadway Sections
~T
• Extend Sadie Creek Avenue into the site as a 40-foot street section, transitioning to a 36-foot
street section, within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete
sidewalk.
` • All streets within the subdivision may be constructed as 36-foot street sections.
'~ • The applicant is proposing to construct a private street/alley. The alley could be constructed
±~~` as a public alley, if it is paved 16-feet wide, within 20-feet of right-of--way. If the alley is private,
_ ~ it should be signed accordingly, so that ACHD does not maintain a private alley/street.
Roadway Access
Because ACRD is not approving a public street off of SH-55, access to the residential portion of this
site will only come from Ustick Road. Sadie Creek Avenue north of this site to Ustick Road will need
' to be constructed and dedicated prior to final plat approval for this site.
~~; 4. Access to Surrounding Subdivisions
The site is surrounded by single family residences in Carol's Subdivision served by Leslie Drive, both
-~~ west and south of the site. While it would be useful for the existing dwellings to have access to the
signal at Sadie Creek Avenue, and to the commercial uses, all of the lots in Carol's Subdivision have
dwellings on them, and there is no public right-of--way through that area to access this site.
5. Eagle Road Right-of-Way, Improvements and Access
The City of Meridian, applicant and ITD should work together to determine if additional right-of--way or
}:~ improvements are necessary on Eagle Road (SH-55). Access points should be approved in
accordance with the Eagle Road Corridor Study.
4- C. Note to the City of Meridian
- ACHD requests that the City require parking on the west side of the commercial uses for the
,` ' residents of this subdivision and nearby subdivisions, to have access to the commercial uses off of
~'~` ` Ustick Road and local roadways, rather than SH-55. ACRD is not allowing access to SH-55 via a
,,~~ public street.
D. Site Specific Conditions of Approval
1. Extend Sadie Creek Avenue into the site from the north property line. Transition the roadway from a
40-foot commercial street section to a 36-foot wide street within 50-feet of right-of-way, with curb,
°' '~ gutter and 5-foot wide concrete sidewalk.
~ } 2. Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior
e ~~. to, or in conjunction with final plat approval for this site.
.-~,
~``' 4 MCUP-05-048
i~~~.~~~
i_~
~'
-''r~-
-~~. .. .,
~:, :
~:
_.
r
r
{
z _
f
4L
;~ `"
l
}~'
~E
~ i.
"~ 3. All local streets in the subdivision should be constructed as 36-foot street sections within 50-feet of
right-of-way with curb, gutter and 5-foot wide concrete sidewalk.
4. The proposed alley may be constructed as a public alley if it is paved 16-feet wide within 20-feet of
. right-of--way. OR The proposed alley may be constructed as a private drive/street, if it is signed
`r accordingly.
5. Bourbon Street shall terminate in a culdesac and shall not extend to SH-55.
'~ 6. Public road access to SH-55 is prohibited.
7. Provide a letter from ITD stating required improvements and access decisions.
8. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
`~ 1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. 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. 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.
6. All design and construction shall be in accordance with the Ada County Highway District Policy
"Q`'° 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.
7. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
he other required permits), which incorporates any required design changes.
?ii y,
8. Construction, use and property development shall be in conformance with all applicable requirements
k~~w of the Ada County Highway District prior to District approval for occupancy.
9. Payment of applicable road impact fees will be required prior to building construction in accordance
;" ~' with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
10. 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 TrafFc Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
5
MCUP-05-048
_.. .a~"
., ~.
~ ~ ~,
~~
.,
;.
;~.. t
k'
~ A ~
}~
i:' ~~
r
h
r
+~
a.,
rs`~f- _
~' d
r ~r ~-
-
k
Y ~;
_ ._
.a;;
r
;.
s :', ';.
11. 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.
12. 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
tY time the change in use is sought.
~:-,°.. .
r
E. Conclusions of Law
;* ,
I
-~_~~ 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
~'°~{ satisfied.
"~~'° 2. ACHD re uirements are intended to assure that the ro osed use/develo ment will not lace an
~; q P P P P
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
3, ';.
,,
'~ ~ I
:a
c"~
_ _`
a~1
. .
'i~?:
i 7'.i
~: ,~i. .
y` -.:,
} ',
~5
1
.'.~~
~ MCUP-05-048
~~~ Request for Appeal of Staff Decision
,~
-_ 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual ~
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
t4. ~ 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
~~ ' i 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
ti
~~! ~ 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.
,,,
`r'~` ' 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 bein a eaied. A co of the re I and an modifications
9 pp p to the
Y pY Y
k 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.
fir e. Action by Commission: Following the hearing, the Commission shall either affirm or
. ~,
K, reverse, in whole or part, or otherwise modify, amend or supplement the decision being
f ° appealed, as such action is adequately supported by the law and evidence presented at
~`'~''` the hearing.
#. ;
Y
8
MCUP-05-048
..1 -,.. 4~,f
~y
MSS
X%
a '. ~,,.
i
.
t
te. '
~r
3~ ~~p~ s l
-
i G 4 A S
l
C
~ a a.
y
sr~ t`/~ ~
'~~
C r
~
.
.
{
aa~~,,..~~
^
~
M
£
`a; ~~
~
1~~
..yy
.
1
~CryT~t~i'~~Ki ~ .lu
' ~
~'
4
t
ry
~.
i+.
I1 a~ar ki` }
~
~
~3f
a fi
-, .ye ~
~
-
.
d~
-a k~'~~A-~. ~ k~
°:',a.
-4 ~•~~;~i1 zy}y} b~
'
~'6~a~Y -~x!P ,'
'
2
~~y 9 ~I~~'
• ~.
~1w .t. `s ~
Jk Y ~~~
h~
tlr~^f
1 :.4 _
il. 4.
~; S
~ ~ mac ~~L
` P ~ ~'
,y,. s yk 4: y.
Development Process Checklist
-, ®Submit a development application to a City or to the County
:i~;
®The City or the County will transmit the development application to ACHD
'A ~>
®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.
T,~; , ^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.
o u
®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 Distnct Policy.
,..
,~„ ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
'`'~ ®For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review
°~ Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD,
then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of--way, including,
,.~~ but not limited to, driveway approaches, street improvements and utility cuts.
,,~ ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
$~ D/D YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Approach(s)
.-; Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services 8 Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application° to
ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion 13< Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
~,,; Construction (Subdivisions)
^ Sediment ~ Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACRD Drainage
Division.
^ Idaho Power Company
=r ~ • ~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
x - • ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
9
MCUP-05-048
- ~.
• ~~ .;~.
y
~`-
x~;:` -
t: n
ila o
r.
:s
~ ~.A
+
1~ f
~i
2
f
!i. ~J 1 -..
j+Y
ti
,..;.i-
C I -' ~,'-