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ACHD Comments~I~ ~~s~~ CHD ~ioywrwG~"ec~~o ~ic~ November 3, 2009 TO: Swire Pacific Holdings, Inc. 600 E. Overland Rd. Meridian, Idaho 83642 REP: T-O Engineers, Inc. 9777 Chinden Blvd. Boise, Idaho 83714 Carol A. McKee, President Sherry R. Huber, 1st Vice President Rebecca W. Arnold, 2nd Vice President John S. Franden, Commissioner Sara M. Baker, Commissioner SUBJECT: MCZC-09-047 600/790 E. Overland Rd. Certificate of zoning compliance application for asphalt expansion on 1.658 acres. The Ada County Highway District has reviewed your application for the above referenced development and determined the following FINDINGS OF FACT: • Overland Road is improved with 5 travel lanes, 67-feet of pavement, vertical curb, gutter, and 7- foot wide attached concrete sidewalk abutting the site within 93-feet of right-of-way (48-feet from centerline). • This development is not expected to generate any additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation Manual. • The traffic count for Overland Road east of Meridian Road on 2/20/2008 was 17,227 ADT. • The traffic count for Overland Road west of Locust Grove Road on 3/4/2008 was 18,771 ADT. • There are currently no improvements scheduled in the Five Year Work Plan in the general vicinity of the site. • Overland Road is listed in the Capital Improvements Plan for corridor preservation to accommodate widening to 7 lanes in between Meridian Road and Locust Grove Road. In response to your request for comment, the Ada staff has reviewed the submitted application and s following Site Specific Conditions of Approval: County Highway District (ACRD) Planning Review :e plan for the item referenced above and has the Arterial Right-of-Way Policy: District policy requires 120-feet of right-of-way for 7-lane principal arterial roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 7-lane roadway with curb, gutter, and 5-foot detached sidewalks. • The District is currently acquiring right-of-way to accommodate an eventual 7-lane arterial roadway. Therefore, the applicant will be required to dedicate 60-feet of right-of-way from the centerline of Overland Road abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. Landscaping Policy: A license agreement is required for all landscaping proposed within ACRD right- of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX ;i4S-/bSU • www.acna.aaa.ia.us plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. • The applicant will be required to enter into a license agreement for any landscaping located within ACHD right-of-way abutting the site on Overland Road. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require improvements to the transportation system at that time. 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. The applicant will be required to update any existing non-compliant pedestrian improvements adjacent to the site to meet current ADA (American's with Disabilities Act) requirements. If you have any questions, please feel free to contact me at (208) 387-6171 Sincerely, ~ ~"h . ~~~ Kristy Scovill Planner I Right-of-Way & Development Services Ada County Highway District Cc: Project File, Construction Services, Utilities, City of Meridian STANDARD CONDITIONS OF APPROVAL: • Any existing irrigation facilities shall be relocated outside of the right-of-way. • Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. • All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. • 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. • Comply with the District's Tree Planter Width Policy. • 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. • 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. • 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. • 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. • 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. • 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 (1-811-342-1585) 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. • 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. • 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 awaiver/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. CONCLUSIONS OF LAW: • The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. • 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. Request for Reconsideration Guidelines OR Appeal Guidelines 3. Development Process Checklist 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 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 ~~ppealed, as such action is adequately supported by tiie law and evidence presented at the hearing. Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review 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 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 ACRD 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 ACRD 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 ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre- Con.