ACHD Comments~~~~ ~~~
CHD
c~~~xfl
January 16, 2009
TO: Shoot The Moon, LLC
1420 Marketplace Dr.
Great Falls, Montana 59404
Carol A. McKee, President
Sherry R. Huber, 1st vice President
Dave Bivens, 2nd Vice President
John S. Franden, Commissioner
Rebecca W. Arnold, Commissioner
SUBJECT: MCZC-08-124/MDES-08-033
5, 994 square foot restaurant
3004 N. Eagle Road
On July 12, 2006, the Ada County Highway District Commissioners acted on MPP-06-002 for
Gateway Marketplace. The conditions and requirements also apply to MCZC-08-124/MDES-08-
033.
• Prior to final approval you will need to submit construction plans to the ACHD
Development Review Department to insure compliance with the conditions identified
above or for traffic impact fee assessment. This is a separate review process that
requires direct plans submittal to the Development Review staff at the Highway District.
• A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning Sz 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) 387-6171.
Sincerely,
7h..deavc e~
Kristy Scovill
Planner I
Right-of--Way and Development Services
CC: Project File
City of Meridian
Prime A. Investments, LLC
F.H. Hofheins, Jr.
Ada County Highway DisMct • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager
did not properly apply this section 7101.6, did not consider all of the relevant facts presented,
made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the
interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from 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: 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.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Develo ment Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit-the development application to ACHD
®The ACHD Planning Revlew 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 one set of engineered plans directly to ACHD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way,
including, but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for
approval by Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACHD Construction -Permits along with:
(a) Traffic Control Plan
(b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50'
or you are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment ~ Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a
Certified Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved
by the ACHD Drainage Division.
^ Idaho Power Company
• ~c Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con
being scheduled.
^ Final Approval from Development Services
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
~ ~~~
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Right-of.-Way & Development Dep~trrtent
Project/File: Gateway Marketplace-MPP-06-002
Lead Agency: City of Meridian
Site address: Southeast comer of Ustick Road ~ SH-55
Commission July 12, 2006
Approval: This application required Commission action due to the
requirements and costs associated with designing and
constructing a new north-south collector roadway east of the site.
The item was approved on the Consent Agenda on July 12, 2006.
Applicant: Landmark Development Group LLC
1882 Toluka Way
Boise, ID 83712
Staff Contact: Lori Den Hartog
Phone: 387-6171
E-mail: IdenhartosaCcilachd. ada. id. us
Tech Review: June 30, 2006
Application Information:
Acreage: 22.85-acres
Current Zoning: C-G
Lots: 23 commercial lots
Q. Findings of Fact
Existing Conditions
1. Site Information: The site is currently vacant.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Commercial Lowes C-G
South Undevelo ed C-G
East Undevelo ed C-G
West Undeveloped (Future Sadie Creek
Promenade 8~ Bienville S uare C-G
Development Impacts
3. Trip Generation: This development is estimated to generate 12,320 vehicle trips per
day based on the submitted traffic impact study.
4. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee will be based on the impact fee
ordinance that is in effect at that time.
• District policy requires driveways to be located a minimum of 440-feet from signalized
intersections for full access, and 220-feet from signalized intersections for restricted right-in/right-
out access.
Width Policy: District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over
1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as
curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be
required for driveways accessing collector and arterial roadways.
Paving Policy: Graveled driveways abutting public streets create maintenance problems due to
gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant
should be required to pave the driveway its full width and at least 30-feet into the site beyond the
edge of pavement of the roadway.
Applicant Proposal
• The applicant is proposing to utilize aright-in/right-out driveway on Ustick Road located
approximately 350-feet east of SH-55. The applicant will be required to construct a raised
concrete median in the center of the roadway to restrict the access.
• The applicant is proposing to utilize an existing full access driveway on Ustick Road located
approximately 700-feet east of SH-55.
Staff Comment/Recommendation
• The driveways should be approved as proposed, in accordance with District policy.
4. Frontage Road on Eagle
The City of Meridian's Unified Development Code requires that access points on Eagle Road (SH
55) only be allowed at the section line and/or at the ~/ mile. The Unified Development Code
requires frontage roads be constructed to provide adequate access to properties adjacent to a State
Highway. The Gateway Marketplace development is not proposing to construct a frontage road on
their site. In lieu of constructing a frontage road, the applicant is proposing to utilize a proposed
north-south roadway located one parcel away to the east. ACRD acquired the property with the
intent that anorth-south roadway would be constructed in the future at the signalized intersection
with Allys Way. In December 2005, the ACRD Commission approved the designation of that
roadway as a collector from Ustick Road to Fairview Avenue, along with an east-west mid-mile
collector to connect to SH-55. (See map.) This site will have access to a signalized roadway (Allys
Way) through three proposed cross access points provided to the adjacent property owners.
The City of Meridian has allowed this applicant to not construct a frontage road on their site and has
allowed the applicant to consider the proposed north-south collector (Allys Way), as their frontage
road. Based on that determination, District staff recommends that the applicant be responsible for
constructing the westerly half of that roadway (to include 24-feet of pavement, vertical curb, gutter,
and a 5-foot detached sidewalk) from Ustick Road south for approximately 1,355-feet. Ultimately,
these costs should be shared by the applicant and the developers of the parcel to the east of
Gateway Marketplace as Allys way will provide access to both developments. When the District
receives a development application for the parcel to the east in the future, the District will
recommend the parcel to the east pay its proportionate share of the costs of Allys Way.
The applicant should be required to enter into a Development Agreement with the District to provide
for the design and construction of Allys Way to a full 46-foot street section with curb, gutter and
sidewalk on both sides from Ustick Road south approximately 1,355-feet. The District should be
responsible for the cost of curb, gutter and sidewalk on the east side of Allys Way and 18-feet of
pavement to complete the road section. It is unlikely that the properties east of Allys Way will
redevelop in a reasonable timeframe to enable the district to require the improvement of the east
side of the road. The Development Agreement should be executed prior to approval of the final
plat.
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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 in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACRD 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.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Request for Reconsideration Guidelines
4. Development Process Checklist
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Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially 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 retumed to ACRD
staff for further review. The Commission may set the date of the meeting at which the
matter is to be returned. The Commission shall only take action on the original matter at a
meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
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