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ACHD Comments~!~ Ada County Highway District John S. Franden, President 3775 N. Adams Street David E. Wynkoop 1st Vice President Garden City ID 83714-6499 Susan S. Eastlake, 2nd Vice President Phone (208) 387-6100 Sherry R. Huber, Commissioner FAX (208) 387-6391 Dave Bivens, Commissioner E-mail: tellus@ACHD.ada.id.us July 21, 2004 i~~C~~~ JUL 2 6 100 TO: Benchmark Construction 2101 Delta Drive c;ty of Mer;d;an Nampa, Idaho 83687 c;ty Clerk off;e+~ SUBJECT: MCZC04-052 Aspen Dental Office Lot 2, Block 1 of Gemtone Center No. 4 On January 10, 2003, the Ada County Highway District Commissioners acted on MPP02-028 for Gemtone No. 4. The conditions and requirements also apply to MCZC04-052. If you have any questions or concerns please feel free to contact this office at (208) 387-6171. Sincerely, Joyce Newton Development Analyst Right-of-Way & Development Services CC: Project File/ Construction Services, Drainage, Utilities Lead Agency: City of Meridian Brad Williams 1,530 West State Street Meridian, Idaho 83642 Architecture Northwest Randy Haverfield 224 16th Avenue South Nampa, Idaho 83687 is i _i I iA ~ '1 i_l ~~ -S ,~ ~ -~ .~..I ,; ,,, >;- _ -i -., -~~ ~ -- '~ -~ `~ W~5 k`~ '~ °~ Q '..:.:... ,. v~w ~ 8 -~t ~. ~._.. .~.~u: c~::~?N..La. U: v~l .Ils ~~ ~~ ~ ~~ ~~ ~~ 9~ ~~ ~ a~ ~a ~~ ~~ ~ ~4 ism 44 S _ ~ ~ ~~ gig ~ g ~ 88 8 ~ ~ ~ ~~ ,~ - ~ 4`r'' ~ , i ~~' • W ~ . j ; ~. ,~r, ~r _" ~rn~ ..~ I ~~a ~ y e I ~~: ~~ '' Z ~~ ~ I ~ ~ ~~ ~ ~~~ 'W~ ~ ~ ~~~ s~~ _ E-- -~ _ -~ ..~ -~F _ I i , r - ~~ 8~ ~E ~ € ~~~ ~° ~~ ~~ ~~i ~ai LLa E~ ~ 3 ~a ~~ a ~ ~ _~ ~ 4 a3 r' ~a O y -;-- __ ~ ___ _ ~ ~~ r . 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ARCHITECT k PLANNER LANDSCAPE PLAN Ea. 1eMi A`'`" e.TP.. lam,. esesl onH.: (Eee1 • ( Fec poe) teT-FSN OL11/E 0 _~ ~~ r ~~i ~~ ~~~~ s; ~ ~~ ~ ~ ~ ~ ~~ 4 ~~~ ~ ~ ~.~ ~ sae ~ , ~ . ~~ s s ek6F i ` Y ~ ~$¢ ~~_ F M ~ ~~ O! ~A ~~~~~~~~ ~ ~ ~ ~~ {y~ O ~ f 0000000 ~ ~~~~~ a '~~ ~~~ ~~ 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 ACRD ®The ACRD 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 Staft 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 StsHand 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 ACRD for review by the Development Review Divisioa for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACRD, then architectural plans maybe submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACRD) 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 YOUREMEMBER: Construction (Zone) ^ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to Ada County Highway District (ACRD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ^ Working to the ACRD 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 8c 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 Bc Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACRD 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. • Figure 1 W a ~ s ~ ~ ~ s ~ ~ ~ ~~ a ~~~~~~~ 9 ~~~ 6~ ~ ~ ~ ~~ .~~ ~~ ~, ~~_~ a ~ ~: ~ ~ ~ ~ ~ ~ t 3i i { ~jl ~~~ ~~~ ~j ~ ~~~ 1 ;t~ ;~~ ~ ~~t ~~~~ ~~ ~' a ~ °~~ ,~;~ a~,l ~.~,~ s ;~~ 6 Z~a~a ~~7 ~~~ ~~~~ ;~~ ~~~` ~~ ;~i ~i#i ~~~i ~~~~ ;-- ~ 5 ~ , E • 7 ~ ~ ~~~ , ~ ~ ~ ~ ~° I~~ ~~E~ ~ ~ ~ ~6~ ~ ~~ !~~ _~ ~~~~ ~ s ~t s ~ ~' ~~ ~~ ~ e ~ ; • s a Ada County Highway District Right-of=Way & Development Department Planning Review Division This application does not require Commission action because it is a modified plat of a subdivision that the Commission previously approved. Tech review for this item was held on January 10, 2003. This report is approved at the staff level as of January 13, 2003. Staff contact: Christy Richardson, 387-6178, crichardson(a~achd. ada. id. us File Numbers: Gemtone #4/MPP-02-028 Site address: State Avenue/Hickory Avenue/Pine Street Owner: Gemtone, Inc. & Crossroads Business Center, LLC P.O. Box 2727 Boise, ID 83701 Applicant: Briggs Engineering 1800 W. Overland Road Boise, ID 83705 Representative: Becky Bowcutt 1100 E. Valli-Hi Eagle, ID 83616 Application Information This application was forwarded to ACHD by the City of Meridian. The applicant is requesting preliminary plat approval for 7 buildable lots and 1 common lot on 12.08-acres, in an existing industrial zone. Acreage: 12.08 Current Zoning: I-L Proposed buildable lots: 7 Proposed common lots: 1 Vicinity Map • • A. Findings of Fact 1. Trip Generation: This development was originally approved as a portion of Treasure Valley Business Center #2, and that entire site was estimated to generate 9,000 to 14,000 vehicle trips per day. 2. Impact Fees: Impact fees will be assessed for this subdivision based on the impact fee ordinance in ,effect at the time that the applicant submits for a building permit. 3. Traffic Impact Study: A traffic impact study was not required with this application when it was approved in 1995 and 1996 because of its close proximity to major roadways, including Eagle Road, Pine Street, Fairview Avenue and Franklin Road. 4. Site Information: The site is currently undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Gemtone #3 Subdivision (zoned I-L) b. South: Undeveloped/unplatted (zoned I-L) c. East: Gemtone #2 Subdivision (zoned I-L) d. West: Undeveloped/unplatted (zoned I-L) 6. Impacted Roadways: Eagle Road/SH-55: Frontage: 0 Functional Street Classification: Principal Arterial/State Highway Traffic count: 45,751 on 2-20-02, north of Franklin Road Speed limit: 55 MPH Intersection at Eagle Road and Pine Street is signalized. Pine Street Extension (not constructed): Frontage: 1,080-feet Functional Street Classification: Future collector/arterial Speed limit: Estimated to be 35 MPH when road is constructed Intersection at Eagle Road and Pine Street is signalized. Commercial Street: Frontage: 56-feet (where street dead-ends in to site) Functional Street Classification: Local/commercial street Traffic count: No count available Speed limit: 25 MPH Commercial Street is STOP controlled at Nola Street. Machine Avenue: Frontage: 200-feet Functional Street Classification: Local/commercial street Traffic count: No count available Speed limit: 25 MPH Machine Avenue has an unrestricted intersection at Commercial Street. 2 Hickory Avenue: Frontage: 56-feet (where street stubs in to site) Functional Street Classification: Local/commercial street Traffic count: No count available for this segment Speed limit: 25 MPH State Avenue: Frontage: 56-feet (where street stubs in to site) Functional Street Classification: Local/commercial street Traffic count: No count available for this segment Speed limit: 25 MPH Nearest intersection: 7. Roadway Improvements Adjacent To and Near the Site ^ Pine Street is constructed to the east property line with 24-feet of pavement and sidewalk. ^ Commercial Street dead-ends at the west property line of the site. Commercial Street is improved as a 40-foot street section. ^ Machine Avenue is constructed as one-half "plus 12" of a 40-foot street section abutting the site. ^ State Avenue and Hickory Avenue stub in to the site at the northeast property line. Both streets are constructed as 40-foot street sections. 8. Existing Right-of-Way ^ The right-of-way for the Pine Street extension has not been dedicated. ^ The right-of-way for any extension of Commercial Street does not exist. ^ The right-of-way for any extension of Machine Avenue does not exist. 9. Site History The ACHD Commission approved this site in 1995/1996 as part of an overall plat fora 39-lot commercial/industrial subdivision. The subdivision has developed in phases, and the proposed plat incorporates additional property that was not included in the original plat. 10. Capital Improvement Plan/Five Year Work Program Pine Street is listed for extension in the newly adopted CIP, and is listed as impact fee eligible, but it is not in the current FYV1/P. There are currently insufficient impact fee funds to purchase the Pine Street right-of-way. Staffs recommendation is to acquire the right-of-way with an impact fee offset agreement because Pine Street is listed in the CIP. 11. Other Development in Area On July 18, 2001, ACHD approved a preliminary plat for Elixir Subdivision, a 3-lot industrial/commercial subdivision located south and east of this site, on the south side of Commercial Lane, a private street that accesses Eagle Road. That applicant indicated that Commercial Lane was constructed to ACHD standards, but that information could not be verified. The staff report indicated that ACHD was not opposed to the roadway remaining private, but laid out requirements for the road if the City determined it should be public. The City of Meridian subsequently required the roadway to be a public road, and dedicated to ACHD, however, because the roadway was not constructed to ACRD standards, it cannot be accepted as a public right-of-way. The subdivision has not been platted, and the roadway remains private, from Eagle Road, to the west, for approximately 2,500-feet. 3 B. Findings for Consideration Commercial Street Extension ACRD does not find that the extension of Commercial Street is required with this applidation because the site has sufficient frontage on the existing roadway to take access. If the City of Meridian requires Commercial Street to be extended as a public street to the east then the applicant should construct Commercial Street as a 40-foot street section within 54-feet of right-of-way, to align with Commercial Street at the intersection of Machine Street. The street should align at the west property line, and then should taper to the north to align with the private segment of Commercial Street, to allow for a future connection if that private road is ever converted to a public road. The street should be posted for "NO PARKING". At the current time, this segment of Commercial Street will not connect to Eagle Road. At the east property line the applicant should install jersey barriers at the terminus of the roadway to make a vehicular connection impossible until such time that the existing private road is accepted as a public road by ACHD. It appears that a segment of the existing private road may be located on this property. The roadway should be rebuilt, or sufficient evidence should be provided that indicates the roadway was constructed to ACHD standards. If the City does not require the extension of Commercial Street, then the applicant should be required to complete the intersection improvements at Machine Avenue. 2. Access to Commercial Street The applicant may construct a driveway off of the existing Commercial Street to access Lot 2, Block 6, provided the driveway aligns or offsets a minimum of 50-feet from the intersection. If the City of Meridian requires the extension of Commercial Street, access can be taken from that segment too. 3. Machine Avenue Improvements ACHD does not find that the extension of Machine Avenue is required with this application because the site has sufficient frontage on surrounding roadways to access the property. However, the street section abutting the site should be completed. The applicant should complete Machine Avenue to a 40-foot street section, with curb, gutter and 5-foot wide concrete sidewalk on the east side, from Commercial Street to the terminus of the roadway. Dedicate additional right-of-way as needed to complete the street section. Post the street for "NO PARKING". Provide written approval from the Meridian Fire Department that indicates a turnaround is not required at the northern terminus of Machine Avenue. 4. Access to Machine Avenue/Lot 1, Block 6 The applicant only has one proposed lot with frontage on Machine Avenue. The same lot has frontage on Pine Street, but an internal driveway should not connect the two streets, due to cut- through concerns in this area. Pine Street is classified as a collector/arterial, and access will be restricted. If the applicant cannot locate a driveway on Pine Street in conformance with District policy, then the access should be taken from Machine Avenue. If a driveway can be located on Pine Street in conformance with District policy, then access to Machine Avenue should be prohibited so as not to allow cut-through. Staff recommends that access be taken from Machine Avenue only to reduce the number of conflict points on Pine Avenue. 5. Pine Street Right-of-Way Previous Commission action required the applicant to dedicate 45-feet of right-of-way for the Pine Street extension up to Lot 6, Block 5, transitioning to 90-feet just east of Lot 5, Block 5 by means of a 4 warranty deed. These dimensions are noted on the proposed plat. However, since the time of the original approval, right-of-way dimensions have changed. In order to have enough right-of-way for a detached sidewalk, the applicant would have to dedicate 48-feet and 96-feet; however, the easterly segment is only 45-feet wide and additional right-of-way cannot be obtained from this applicant. The applicant previously constructed the segment of Pine Street to the east of this plat, with curb, gutter and sidewalk. If the applicant chooses to construct curb and gutter abutting this subdivision, then the applicant could construct a 7-foot wide attached sidewalk within 45-feet (or 90-feet) of right-of-way. These improvements would be at the cost of the applicant and would not be subject to reimbursement. The District does not have impact fee revenues to purchase this right-of-way, so the applicant may enter into an impact fee offset agreement for the dedication of the right-of-way. The offset agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD 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 owner will be credited the fair market value of the right-of- way dedicated which is an addition to existing ACRD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time. 6. Pine Street Improvements Pine Street is not constructed abutting the site. Improvements to Pine Street are only necessary if the applicant intends to take access to Pine Street. If the applicant intends to take access to Pine Street, then the applicant should improve the street with 24-feet of pavement, and 5-foot wide detached sidewalk. Sidewalk is required on the north side only from the existing terminus of the street to Lot 6, Block 5, and is required on both sides of the street for the remainder. If Pine Street is not improved with 24-feet of pavement, then the applicant should provide a road trust deposit in the amount of $31,400 for approximately 1,570 lineal-feet of concrete sidewalk. If the applicant constructs Pine Street abutting the site, then the applicant should provide a temporary turnaround at the western terminus of the roadway. 7. Pine Street Access Driveway locations on Pine Street will be determined based on the speed of the roadway. It is anticipated that the speed limit on this segment of Pine Street will be posted at 35 MPH. Driveways on Pine Street will be required to align or offset a minimum of 150-feet, from any proposed streets or driveways. Staff recommends that access be taken off of the internal streets, and that Pine Street accesses be discouraged. These driveways may be constructed as curb return driveway with 15-foot radii and a maximum width of 40-feet. Driveways should be paved back a minimum of 30-feet from the edge of pavement. 8. Internal Street Sections Hickory Avenue and State Avenue are proposed local commercial streets, and should be constructed as 40-foot street sections with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. The applicant should construct a temporary turnaround at the western terminus of State Avenue because the stub street exceeds the allowed length of 150-feet. A temporary turnaround should also be provided at the southern terminus of Hickory Avenue, unless the applicant is proposing to construct Pine Street from its existing terminus to that intersection. 9. Internal Street Driveways 5 Driveways on Hickory Avenue and State Avenue should be located a minimum of 50-feet from any street intersection. These driveways may be constructed as curb cuts with a maximum width of 40-feet. Driveways should be paved back a minimum of 30-feet from the edge of pavement. C. Site Specific Conditions of Approval If the City of Meridian requires Commercial Street to be extended as a public street to the of Machine Avenue, then the applicant shall construct Commercial Street as a 40-foot street section within 54- feet of right-of-way, to align with Commercial Street at the intersection of Machine Street. Commercial Street shall align at the west property line, tapering to the north to align with the private segment of Commercial Street, to allow for a future connection if that private road is ever converted/constructed to public road standards. The street shall be posted for "NO PARKING". Install jersey barriers at the terminus of Commercial Street at the east property line to restrict vehicular travel until such time that the existing private road is accepted as a public road by ACHD. If any segment of the existing private road is located on this property, then the roadway shall be rebuilt, or sufficient evidence should be provided that indicates the roadway was constructed to ACHD standards. If the City does not require the extension of Commercial Street, then the applicant shall be required to complete the intersection improvements at Machine Avenue. 2. The applicant may construct a driveway off of the existing Commercial Street to access Lot 2, Block 6, if the driveway is in alignment with Commercial Street. If the City of Meridian requires the extension of Commercial Street, access can be taken from that segment, a minimum of 50-feet east of the intersection. Driveways may be constructed as curb cuts with a maximum width of 40-feet. Driveways should be paved back a minimum of 30-feet from the edge of pavement. 3. The applicant shall complete construction of Machine Avenue to a 40-foot street section, with curb, gutter and 5-foot wide concrete sidewalk on the east side, from Commercial Street to the terminus of the roadway. Dedicate additional right-of-way as needed to complete the street section. Post the street for "NO PARKING". Provide written approval from the Meridian Fire Department that indicates a turnaround is not required at the northern terminus of Machine Avenue. 4. The applicant may construct a driveway on Machine Avenue located a minimum of 50-feet from the Commercial Street intersection. Driveways may be constructed as curb cuts with a maximum width of 40-feet. Driveways should be paved back a minimum of 30-feet from the edge of pavement. 5. Dedicate 45-feet of right-of-way for the Pine Street extension up to Lot 6, Block 5, transitioning to 96- feetjust east of Lot 5, Block 5 by means of a warranty deed. The District does not have impact fee revenues to purchase this right-of-way, so the applicant may enter into an impact fee offset agreement for the dedication of the right-of-way. The offset agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD 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 owner will be credited the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time. 6. Improvements to Pine Street are only necessary if the applicant intends to take access to Pine Street. If the applicant intends to take access to Pine Street, then the applicant shall improve the street with 6 24-feet of pavement, and 5-foot wide detached sidewalk. Sidewalk is required on the north side only from the existing terminus of the street to Lot 6, Block 5, and is required on both sides of the street for the remainder. If Pine Street is not improved with 24-feet of pavement, then the applicant shall provide a road trust deposit in the amount of $31,400 for approximately 1,570 lineal-feet of concrete sidewalk. If the applicant constructs Pine Street abutting the site, then the applicant shall provide a temporary turnaround at the western terminus of the roadway. 7. Driveway locations on Pine Street will be determined based on the speed of the roadway. It is anticipated that the speed limit on this segment of Pine Street will be posted at 35 MPH. Driveways on Pine Street shall align or offset a minimum of 150-feet, from any proposed streets or driveways. Driveways may be constructed as curb return driveway with 15-foot radii and a maximum width of 40- feet. Driveways should be paved back a minimum of 30-feet from the edge of pavement. Staff recommends that access be taken off of the internal streets, and that Pine Street accesses be discouraged. 8. Hickory Avenue and State Avenue shall be constructed as 40-foot street sections with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. Construct a temporary turnaround at the western terminus of State Avenue because the stub street exceeds the allowed length of 150-feet. A temporary turnaround shall also be provided at the southern terminus of Hickory Avenue, unless the applicant is proposing to construct Pine Street from its existing terminus to that intersection. 9. Driveways on Hickory Avenue and State Avenue shall be located a minimum of 50-feet from any street intersection. Driveways may be constructed as curb cuts with a maximum width of 40-feet. Driveways should be paved back a minimum of 30-feet from the edge of pavement. 10. 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 Construction Services at 387-6280 (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 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 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. ACHD 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 8 Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an appficant 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. Appeal Guidelines 9