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Fairview Lakes Apartments
MAYOR Robert D. Cane HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 • Fax 466-4405 CITY COUNCIL MEMBERS Keith Bird Tammy deWeerd Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 CERTIFICATE OF ZONING COMPLIANCE* PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 -Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 8845533 • FAX 888-6854 Date: 10-14-03 Project Name: Fairview Lakes Apaztments Project Address: Lot 18 Block 1 Devon Pazk Subdivision #2 Proposed Use: 96-Unit A~uiment Complex Owner: Fairview Lakes LLC Applicant: Tamura & Associates 343-2931 Zoning: R-40 Conditions of Approval: Project is subject to all current Meridian City Code (MCC) and conditions of approval for the Fairview Lakes/Devon Park Development. The issuance of this permit does not release the applicant from airy requirements of the approved Annexation and Rezone (AZ-02-011), Conditional Use (CUP-02-014 and CUP-03- 014), Preliminary Plat (PP-03-006), and Miscellaneous (MI-02-008, MI-03-003 and MI-03-00'n pennnits issued for this site. Landscaping: The landscape plan is approved per the plan prepared by Tamura & Associates labeled L1.0, project 02-29, dated October 13, 2003 and stamped "approved" on 10-14-03 by the Meridian Planning & Zoning Department. The plan is approved with the following changes (see red-line notes on plan): 1) the addition of one (1) approved 2" minimum caliper tree (MCC 12-13-11.2.e) within the proposed landscape islands on the west and north side of the site/pazking azea (5 of the islands do not currently have trees proposed) and 2) the addition of at least l(one) conifer tree along the landscape buffer neazest the southeast portion of the development. Said tree shall be located south of garage l OGA and in accordance with MCC 12-13-12-3. a. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to the landscape plan are permitted; prior written approval of all material changes is required. Site Plan: The site plan is approved per the plan prepazed b3' Tamura & Associates, Sheets A1.0, Al. l and A1.2, dated October 13, 2003 and stamped "approved" on 10-14-03 by the Meridian Planning & Zoning Department, with no changes. The approved site plan is not to be altered without prior written approval of the Planning & Zoning Department. Irri tion: An underground, pressurized. irrigation system must be installed to all landscape azeas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. Curbing: Per MCC 12-13-7-9, all landscape azeas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. • • Protection of Existings Trees: Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per MCC 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Huff) for approval of protection measures prior to construction. Any severely damaged tree must be replaced in compliance with MCC 12-13-13-6. Parlan~: Off-street parking is approved as shown on the approved site plan. In accordance with MCC 11-13-5, all standard parking stalls must be constructed 9-feet x 19-feet minimum and drive aisles must be at least 25-feet wide. The project engineer/architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. The applicant shall be responsible for meeting the requirements of ACHD as they pertain to this development Sidewalks: All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-Z.K. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with the MCC. Li tin :Lighting shall not cause glaze or impact the traveling public or neighboring development. Si a e: No signs are approved with this CZC. All signs will require a separate sign permit incompliance with the sign ordinance. Trash Enclosure: Any dumpster(s) must be screened in accordance with MCC 11-12-1.C. Trash enclosures must be built in the location and to the size approved by Sanitary Services Company. Handicav-Accessibility: The structure, site improvements and parking must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan and Landscape Plan, stamped "approved" on 10-6-03 are not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site or landscape plans are permitted; prior written approva^of all changes i~ requir^ Craig Hoc Planner II *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work. has not begun. • • CITY OF MERIDIAN Planning & Zoning Depal-tment 660 E: Watettowe~• Ln., 5te. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Far T3~ `~~~ J~ ~~~ CI;RTITICATI;; OI+ ZONING COMPLIANCE (CZCI APPLICATION (Section 11-19-1, Zoning and Development Ordinance) ° v3~D(o ~ PROJECT NAME: ~~1~' ~~c° u~ ~~{,~~°S _,~°~~~1~".~ APPLICANT:~Gr ijsa ~/~.ic.; ~ ,c~-{ ~ `~ G• • A ~ ~ ADDRESS: ~~~~ / " (:cam c cZ ~ "~ ~ ~ ~~C~ /.S C=~ ~ ~ C'. J r~ ~ ~..' PHONE: ~~' 3 `"Z:~•-l" j ~ FAX:.~.~ ~~ -1-~ c'C' ~- EMAIL: ~~ ~~ ~.. ~~zGl ~:• ~~%"~,~ OWNER(S) OF RECORD: ~Al~~~ L~-l. ~• ADDRESS: , / ~~/}"/dam ail = ~(`~~_~I~ PRONE: ~G[ 3~~~~ FAX: ~j 3~`7~ = E-MAIL: ARCI-IITECT (IF DIFFERENT THAN APPLICANT): ~-/ ~ =" %' t„~siir ~ ~ r = ~ ~- ~ ~ ; F:•. ADDRESS: PHONE: FAX: E-MAIL ADDRESS, GENERAL LOCATION OF SITE: ~~ _ ~ ~ ,~~ ~ c(F ~'~' `'~ ~~~ ~•~ /``" ~ u~ ~ ~' M ~, DESCRIPTION OF USE: ~ Cr-' 4~/ PRESENT ZONE CLASSIFICATION: I~~ -[ I, (~ ~ ~~ / / /1~9 ~t ~fT' , do hereUy affit~m that I will ag.cee to pay any additional. sewer, water or trash fees or ch es, if any, associated with the use that I/we have applied for, whether the use be residential., comtnerci.al or Indus al in nature. Furthermore, I have read the itrfonnation co:ntain.ed hereui and certi Fy that t:he information is true and of •ect, j ,!' s Signature) ~(~8~03 (Date) .RL'1%. .I /Z4,~03 z w H a a a W W I~ w 0 w a z O a U H w Q W w A a ~I w Q xA ~z OA ~~ W A~ • bA ... a U 'C bA .~ 'O :~ 0 ~U o °" U~ .~ U "C! 00 d' \° 0 M 00 M O w M N N O ~ ~ ~ ~ N bA ~ ^~ N ~, ~ ~ M (~ Cn N .~ a~ ~ ~ N AMURA AND ASSO~ES 499 MAIN 343-2931 BOISE, ID 83702 OR ER pF ---~~-,~~ 8312 92-151!1241 oA~ la - ~ --o ~ ~ s.~~,~„ Y _.___-- ,r ~~ ~; Q M ~ / 0o j L ~ ' 1~ O - z ~' ~i "'d C i ~ . ~ I w ~ ~ ~ ~ V ~ ` z ~ ` \ ~' '~ ~ '~ ~~ j c, ~~ ~ ~ ~ -- Z -- --- --- -- --- --- V ~'~ (~, ~ V ~ ~, U a a ~~ ! a ~,. ~ ~ z Q H H O m ¢ Q a lwi LL s ~ LL Y U Q i0 C`~ ~ ~ I ~ U Z a Q ~ W Q • O U Q a w v a ~ ~ Y w ~ U a w ~- ~ U ~ \ ~ ~. Z a> >. ~ Q ~ ~ g r` Z ffl U ~ N ~ ~ d a Q -a Q October 7, 2003 City of Meridian Planning & Zoning Dept. 600 E. Watertower Ln., Ste. 202 Meridian, Idaho 83642 RE: Certificate of Zoning Compliance Application Fairview Lakes Apartments N. Lakes Avenue Meridian, ID Please accept the attached application for a Certificate of Zoning Compliance for Fairview Lakes Apartments. The project is located in Devon Park Subdivision No. 2. This apartment project will consist of 196 apartment units and a clubhouse. ~ p. "=-LL~ 12-2002 'fHU 0214~~1 TRRNSNATION~EhIERALU FA 20837567~a0 -~, ul ,~~ ADA COUITTY R~CORpBR J. DAVIp NAVARRQ 3 ~•Y B015~ IpAH012/06f02 04;30 NM ~~ ~' •, . w U~pUTY Bonnie pherblllig ~~~' ~ ~~ ~.~r~~'~r~~'a~~~;~~ aEcoAOEp-p>=ou~ST o~ III I~CICI~NII~~~ICIyI~NI~HI~'ill~ I ~1~ Y Transnallon Tllle Iri~I~Sr'IC7~10r1 AMol1NT 9.00 1r{~ i4~~2~1 LscrU~vl~1o, Tat-B10?,7,(~~ 'w1lA.RRAN~Y~ b'~~D ~O(~t VAL.IJE 1~~C1rlV~D 47J~I-.LtaM X<ENDAXi~ ~'l7RT'~S and H~LFt~ CUFtTxai hU~S~~T~d anal W~.~a, as to lf3 inCeF'c~t, MTRTI3M ~i,YZAi3k",TFI BARRY a pingle p©tD4=1 a5 to 1/3 iritera~>r~ and r7ARGL7ERITIJ ~7ANir SCOTTr i~ GincJ7..o ~axpox~. ~~ to I./3 ~-ntereQt Gt~nN'1'OR(s), ~locs(c1u) L~crc~y Ok~N'I', D~RG~7N, SETT, ANU CC)NVI/~ unto: Fairv~-o~ ~ake1, ~y~c aY~ xduho Y~imlted T,~ab3.7.~-ty Co~p~any 801f1G-F ID 87~70~ (11Z~1.NT}i.L;S(s), whoyo cur~•ent ftclcJress is; 111 kuto Drive, Suite J,02 ~ 1 tlt4 (r~llov11t1c c~c5rribcd r~nl propcrt,y in ado County, SI~'tte of )d;th,o, Moro plrricul~rrly dcscrihed. ps follows, to'vVit; 6>:~ 1=XFIItdIT''A" A'j~'gCHED (Co~tlrtued) ~,~ '1'O 11~VL ANh TO I'fOL~ the said ~ten,ises, with lhelr ~ppttrlennnce, unto the saids~ro the olvne~(s fnl Cca si»nd lp~ s )i`i [~ Grantor(s) dnes(do) hetCby covenant Co tt-ld With th4 sold Grnnte~(s), ihuc Cranlor(F) hrcntiscs; that ,tiitid pt'clhlses ~tr!~ freo frotu all oncumbt'nnces 1~XCEPr those ro which tltil5 conyeyApce i~ Expressly 11~ado subjec6 nntl [hose mndC, suffated Ur do11e by tho Cratttee(g)~ nrld sUbjcrt t0 Teservatiorls, restri4rions, dedications, e:,scl~cnts, rights oPway nnrl z~;rt:ont~nts, (if s,ny) ofrecprd, and i;uneral taxes and flssessmcnts, (including il'rio~ltion and utility nhsesslnents, Jf any) for the current year, which aro qot yet due and payable, xnd that Crnnlgr(s) wyll warrant and d~rc=nd the souls from all inwl`ul claims tvhatsoov~r, Dale: AeCembex' G, 2002 C~.IZtid ' Wil~'t,rim Tc. JJ 1 . ~+1~2.iam RJ,3_ziabeth Bair 1~11~.1ry AGkuow~ccl~meni. ~ see pi~gc 2 . YYjielara Cur~.iw ---~ ~ ~~ Mar~ir*z'g ~ rate Jana Sc~t" ~ ~ r by; Wi].1.~aat ~en,ctnll, Curtiss hr~z scto~aY 3i~ f, ~.c 1= Ul!L I I IU U.i • :JU I I I ,~-2p02 TNU 02.47 TRANSNATI~N-EP9ERt~l-D ;,~ARRAN7Y pkED -NOTARY ACKNOWI~EbCN1EtJ7(5); Slam 1. P Iclahc~, l~ounly oC /~cfa, ss. I'rln I~PJ, I-', ~~` FRY, 2083756750 p, 02 On tlii~y,~,'~~ day of Clecnnlber in tho year of 2002, before me, file undersigned, a Notary Public in and for aald State,, crsol~slly appear d Willi ~~ Udall Curtly, Nelen Curtis and ~~~:'J~11 /~'7 ~/i .„-~> J~u ~--1^ knvwn or idontiCed to me to be the person(s) whose narrinl4.1 Irlc~re s~lbscribed to thewilhln tnstiument, and acknowledged to me that ho/shelthey executed the Debbie Andrews Residing al; Qoise, Idaho My commission axplres; '10/14/03 Slgto art Idaho, County of Ada, ss. On this ~~day of DeCembor In the year of X002, before m@, the undersigned, a Notary Public in and for sold Stato, pcrsanally appear~cd Wllllam Kendall Curtis known or idonlifled to 111e to be the person(s) WhOSo namcs(s~ is/are subscribed to tfie within instrument, as the attorney in fact of MarQ~arguerilo Jane scan El7ereto e principal, and Ilislher own name as attorney in fr~cl. // n,1 Ebbie Andrews ;•, ~,"rv ~,"°"'4. s ~''*,, ,~ Residing aL Bolsc, Idaho ~,N;y~ ~~-RY *~ My comrnfsslor~ expires; 10/1103 ; q ~~ ~~ r '~ ~r~ r>ra o~' ~~ °OLaaeeae~+~ . ~y ~/ r~. ~~, • :1J. , C,~~ "; ~ ~~a-zrBZx "~,'~ 7.'he SourhWost quaxtc~~` oL tYte Southeast quarter of Section G, '1'ownsh~.p 3 North, i~.~rige l East, wise I~ea:7.diaT~, Ada Colxnty, Idaho . EXCJ'J?'T` t~hat~ pzopezt~ ~.aseribed in Deed reaaxded il'~ J3oo]~. ~.~~ of Deeds at L~age. 5 K , r ^ cords of 1a.da CoulZty, zdaho , ANU ,~~SO ~I~CLPT7;NG Char portion Con~ray'ed to the State of Idaho lay WalrariLy peed ~cac:aided ~~ly ?o, ~9J5 as Tn,gtrument L\To, 38x284, ~cecords of Ada County', Tdal'to . AND A~,SO FXCb:~'J-'~-I~7G t;~haL- poxtion ro~.v~yoc~ to the ADA COYJ~TTY H7GZ3WAY DxSTRIC'~ by 1Varrar~G~~ lleec9. ~recoYded Qotober 31, 2002 as ItZStxument No , X021277,4?_, reoords of Ada County, ]Cd~.fto , ti A,ND TNCL,UJ7~T1G tl'1Q following real pzoperty; CommexlCing at the Sout]~ea6t oorne~ of Section 6, To~rnshi.p 3 1`Torth, Range 7. J~a~t. La~.se Mer~.d~.ari, Ada County, zciakto ~.nd running North n9°28' 06." West 1153 ,3~, feet (form~x'~.y dosol^ibed ~s North 89°37` 6Vest 1.1.53 , 68 fECli and. as North B9°59' Westi 7.1,52 , B4 feeC) ~1ong the Soutller~y 7:aoU.izdaLy o1 nas,d Section 6 to ~, point ~~rhich beats South g9°28' 06"'"P~6t •1.67.20 feet f~ap~ the SouthW'e~t corn.or of the Southeast gtlarter of L-lio Sottthee.at quarter of saa,d Sect~.on 6, sa~.d point also bpi-keg orb thQ exterL~lgd Westerly boundary of borl,e Subdivid~,on as phowrt on, th© of~'ioia7. plat thereof on f~.].e in tlxe Office ot- tltio Ada County Recorder ice. Book 16 0~ Picts at page 1080; thence continua.ng L~orCkl 8J°28' 06-' Wegt 423 .72 feet aloriy the Souther~.y boundary of said Secti.an ~ to Q point which beats South a9°2'06" >Jast ;L063.99 Poet from the Southwest cornQr of the SouC'hec~sfr c~uarCex of ea~,d Sedrion 6; thone® continuing North 0°23~2d'' 1~as~ 18,1,~i feet to a point on Ghe ~en~erline of ]ia~.rvi.e~~a Avenue 1 ~' , s . Hi,gr~way Nfr~ , 3 0) ~ t~lenCe Continua.ng forth 0 °23' 7,0" bast 50 , 00 feet to a point o~z the N'orther7.y right-off--way Line A;~ ~axcl ~~ctirviEOd ,A~rentle (U. S. Highway Zoo, 30) ~ 5~.~,d point being the 1~;SAT~ 1'pINT 01~ J3EGIN'NxNC,; t]lence dpri~inuing North 0°23`20" EaaC X161,30 .7;eat to a point; tf~ence N'oxt~li Sg°36'40" West 486,56 feet to ~. point; thence North 0°23'20" East 777,4E f©et to a point on the Northerly bouncla.ry of_ the NorL-h h.~11f of the Southeast quartet of said Section G; thenco Sou Ch 89 ° 5~' 08'' ~a~t S , 30 feet along the NorL-'he.rly bpund.ary of the N'or th half of the Southeast guartex~ of said 8gation, ~; thence South 0 °23' 2%" West 770 , 44 feet; to a point ~ thorice South 89 ° 05' 22" East 403 , 73 feet to a po~trtt; Lktence .South 0°:1,1' 07" Wedt gh3.2~ feet 1~q a point; thence ~So'U~h 78 °~6' 39" W4a~. 7 , 22 feet to 1-,he POIJ>1'J, off' IIEGZNN'TNG . ~XC1~QT d~.tah and ~c~ad rl.ghts of uray. • AFFIDAVIT' OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) (none) (address) being first duly sworn upon ~(y~~ ~~ oath, depose and say: (city) ~ (state) Thai I am t11e record owner of the property described on the attached, and I grant my permission to: (naive) (address) to submit the accompanying application pertaining to that property. 2. T agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting fiom any dispute as to the statements contained Herein or as to the ownership of the property which is the subject of the application. ~~1 Dated this day of ~ , 200 ~: d (Signattue) SUBSCRIBED ~1ND SWORN to before ine the day and year first above written. :',, ~ . . ,^k- • ~. . -`fit y~_.~ - . „:.t~~ ' I -..... ',, t„ r' I r ~ Notary Public for Idaho Residing at ~~~ ;,_~, lvly Commission IJxpires: ~ -, lp _~`.~3 :':....f,,... r'fr''.: ~-~. U IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-8 NOTE: Submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZC). Project Name: Specifications: /~,, Available Gallons per Minute: ~© l71 ~~~ Available Water Pressure: ~~ ~S l Point of Connection (describe and/or ~ubmit~a site plan); • Secondary Connection• ~~ w,. ~ ; . -~ c c. ~- ~ ~ Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated: d3 G~ s.f. Backflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage 'The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates Sprinkler heads must have matched precipitation rates within each control valve circuit Irrigation Zones Sprinkler heads irrigating lawn or other high-water-demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced-water-demand areas. Oversprav Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. Rev. 1 /24/03 Additional Irrig~n Notes: • ~_ Irrigation Requited All landscape areas regulated by the City Landscape Qrdinance (12-13) shall be served with an automatic underground irrigation system. Additional requirements affectuig pressurized irrigation systems can be,found in City Orduiance 9-1-28. In-i~ation Water Source Use of non-potable u7igation water is required when determined to be available by the City Public Works Depait~nent as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for in-igation water. Potable water shall not be used as a primary in-igation water source on non residential lots with more than ih acre of landscaping. Year round water availability is also required by coimecting to city potable water or an onsite well as a secondary source. Certification: I, ~C ~J ~ f~~~ , do hereby affnYn that any irrigation system installed for the pf~ject mentioned~iove will be designed and installed in compliance with the specifications acid ~'~~-03 Date Rev. .1 /24/03 TAMURA AND ASSOCIATE 336 4062 10113/03 01:41pm P. 001 • d~'Nn "VSixiitlM! F Yil' d1.7.V.~" - ~ ~~ *~~~~, a~ : f Ta rn w~~~ e~M ~ ~ , u~ra '~` 1 F!~ ^~~e~sa~ ~~°~~ & ASS~CIQF~LS w`~w'~~:: 49,9 Main Street e'.Irru,- . '?'`~0° Boise, Id. 83702 ~.4@~1;e `""'"°" (208) 343-2931 .. FA)C TRAhI~.M~ITTAL To: ' ~ H~I(t ed d COMPANY;' ~, FAX#~; •' ;DATE; • ~3 TIME SENT: . NO. OF PAGES SENT (INCLUDING TRANSMITTAL):'' _ _REMARKS: ~ ~Jm ~ e ~ ~ ~ ~, ~~~ .~ ;REPLY' REQ~CTESZ'ED~ _ RETURN FAX ~ (20$) 3.~6~40f~ , ~4-c~ C ,~ vs ~ tit. TAMURA AND ASSOCIATE 336 4@62 1@f13f03 01:41pm P. @@2 OCT-13-2063 1©:q9R FROM:Sa~ry 5eru~ces~ Z 208'-B3B-5052 :336406c' P: 1'3 T~m~~~ $r Ass~~ic~~~. ,:~ 4y9 Mmi n 'Stre -~ Doi se, zn. 83 ~ tzoe) 3~.3~z93 TO: ©ill ~^e9oN Sanit~tlan 5ervk:es Inc. Phone 8B8~3999 FRfaM: AAark Sanrter5 COPY: (File 1PIA: f axerrl 8na-s~s2 GATE: September 2A. 20D3 PROJECT: Hopkins O(Ilcs t~rtlbing Oisfiion Otttcc 8ullding E. Carol street Falnrlew Lakes Development NMridlan, Idaho Fairview Lakes /~panmerrts SUBJEC'P ! ATTACHMEN'Y'S: Please End the attached sike pkan and trash enclosure detail for the Fairview Lakes Apartment p+oject. I have also attached the Firkins Office Building revised trash encosure location per our aonversallon yesterday. VMII you review these items for the Certifleate of Toning and fax back your approvol. Rctum t®x Is 336-4t7G2. Please colt I! you have any questions. SANITARY SER1f ICE COMPANY ~~~~®v~c4 ~y ICY ~,,~ c~+.,~ ~da~ , ° " ~~ - ~ COMMENTS: Df.T-7-2003 TLrF.' 4~?:4~M ID:Sani Lary Services. Ins PAGE: 1 TAMURA AND ASSOCIATE 886 406''c 10118!08 01:41pm P. 003 ' OCT-13-200? 10:ggR FP.'gM:Sa~ry Seru:ces, I 2Q6-888-5052 - ~:3369F~62 -_ - , - Po2~3,w ~. • ~vv~ _ ...t W to fb' J /~- ~ V, "e T O i a a c w~ Y _ r [., o~ ~~_ - 6, o. ~,_ . ~ ~ K n _ ~~ +~ Z~ to u ~ en ' ~~ r ~~ ~ m I. Q N ~ ~ _ N O rn ~' -r I ~ I ~ ~~ .. ~~ cp ~ Z i1~ ~ r .,. I O` 1• n~~ ~ I o I I ~i ~[~n- I l .- ~ ~ ~ I 117 ~ ~ d/1 i,f ~,I ~---~; ui- .. ~. ~~ ~ . ~~,. ' `/ ~ 4 ~` / t+ Jai ~ ~ -• ~ y - -... , . • ' 3'-6' S'-0' . 8 -b' ~ ~~f~n r~~=~ d N~l~+ n.pa~ ~ ~ U1 r ~rt~T g ~ 1 r*I t -: ~.J ;~ ~~ I ,xaa •.~ ,udLQez~ ei3lt0~AT ZiiOb ~~ ~1tl170S5H ON~i' 'ddf1M1-11 TAMURA AND ASSOCIATE 836 4062 10/1S/09 01:41pm P. 004 OCT-].~-~3 1e:99A FRGM:S~ary Serv~ees~ I ~B-B~-5B52 y ~D:3:,69062 P:3~3 i - l IiII 1 :_ ~ - I r_r-- i 1 ~ ~. ' ~ 1 i ~ .. ____ ~~:. 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Eastlake, 1st Vice President Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 David E. Wynkoop, Commissioner FAX (208) 387-6391 John S. Franden, Commissioner E-mail: tellus@ACHD.ada.id.us TO: Tamura & Associates 499 Main Street Boise, Idaho 83702 October 28, 2003 SUBJECT: MCZC03-063 Fairview Lakes Apartment Complex Lot 18, Block 1 Devon Park #2 Subdivision .~_ ~; w=, are ~~]fJ1{~ - 1~+1d3J6A i ,_ _ 1 `~ On July 10, 2002, the Ada County Highway District Commissioners acted on MAZ-02-011/MCUP-02-014/MPP- 02-034/MPP03-006, Fairview Lakes Apartment Complex/Devon Park /Devon Park # 2. The conditions and requirements also apply to MCZC03-063. If you have any questions or concerns please feel free to contact this office at (208) 387-6170. Sincerely, ~~ Joyce Newton Development Analyst Right-of-Way & Development Services CC: Project File Drainage/Utilities/Construction Services Lead Agency: City of Meridian Fairview Lakes LLC c~ ~ o -~ 0 w 0 0 0 0 c~ 0 0 N 0 0 0 0 0 0 1 ~~ ., FAT '7"1 _~ D C7 ~ v ~ ~ - ~~ ~rn ~~~~ Ada County Highway District Right-of--Way & Development Department Planning Review Division This application requires Commission action because of the number of vehicle trips per day that the site generates, and is scheduled to be on the consent agenda on July 10, 2002 at 6:30 pm. Tech Review for this item was held with the applicant on June 28, 2002. This item was revised on March 26, 2003 after the Meridian City Council approved fhe item on March 25, 2003. Please refer to the attachment for request for reconsideration guidelines. Staff contact: Andrea N. Tuning, 387-6177, atuning@achd.ada.id.us File Number(s): Fairview Lakes Apartment Complex / MAZ-02-011 / MCUP-02-014 Devon Park Subdivision/MPP-02-034 Devon Park Subdivision #2/MPP03-006 Site address: 824 East Fairview Avenue Owner: Fairview Lakes, LLC 111 Auto Drive, Suite 102 Boise, Idaho 83709 Applicant: Hopkins Financial Services, Inc. 111 Auto Drive, Suite 105 Boise, Idaho 83709 Representative: Tamura & Associates 499 Main Street Boise, Idaho 83706 Application Information The applicant is requesting annexation, rezone, conditional use and planned unit development approval to construct amulti-family apartment complex and 35-commercial/retail/office lots. The site is located on the north side of Fairview Avenue at approximately the mid mile marker between Locust Grove Road and Meridian Road. Acreage: 9.1 acres Current Zoning: RUT Proposed Zoning: R-40 Vicinity Map A. 2 Findings of Fact Trip Generation: This development is estimated to generate 10,960 additional vehicle trips per day (0 existing) based on the submitted traffic study. Impact Fees: The impact fee rate from the fee tables for: o Apartment is $781.00 per unit. o General Office is $2,169.00 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. o Specialty Retail is $1,885.00 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. o Bank with drive-thru is $9,990.00 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. o Fast Food with drive-thru is $4,715 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. 3. Impacted Roadways: Fairview Avenue Frontage: Functional Street Classification Traffic count: Level of Service: Speed limit: Nearest intersection: Teare Avenue 4 1,080-feet Principal arterial West of Locust Grove was 29,931 on 7-6-00. ~.C„ 35 Fairview Avenue and Jericho Drive intersection Frontage: 60 Functional Street Classification: Local residential Traffic count: Not available Speed limit: 20 Clarene Street Frontage: 60 Functional Street Classification: Local residential Traffic count: Not available Speed limit: 20 Jericho Road Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: 0 Collector North of Fairview was 3,850 on 8-7-01 Better than "C" 30 Jericho Drive and Fairview Avenue intersection Traffic Impact Study: A traffic impact study was required with this application. The submitted traffic impact study was compiled by Dobie Engineering and the following is a summary of the findings: This Development is projected to be built-out by the year 2005. The following is a summary or the findings and recommendations provided by the Traffic Engineer: 2 The proposed Fairview Lakes Subdivision project is a proposed mixed use development including apartments, professional offices, specialty retail, and restaurants. The project will be developed in phases and is expected to reach full build out by the year 2005. Fairview Avenue is a standard principal arterial with a 64 ft. wide five-lane urban section. The posted speed limit is 35 mph east of Locust Grove Road. The Level of service for Fairview Avenue is estimated to operate at a LOS B/C during the peak hour period in the year 2005 without the addition of the site traffic. This development is projected to generate 10,960 total trips, of which 1,230 will be captured within the development. Of the remaining 9,730 trips 5,545 were estimated to be new to the area while 4,185 trips were estimated to be pass-by trips already on Fairview Avenue. These trips were based on 192 apartment units, 15,000 sf of office space, 100,000 sf of retail use, a 5,600 sf bank, and 8,000 sf for restaurant. A trip capture rate of 11.2% was used. The totals from the revised application were 192 apartment units, 15, 000 sf of office space, 92, 800 sf of retail use, a 5, 000 sf drive-in bank, a 4, 000 sf fast food restaurant w/drive-thru, and a 12, 000 sf high turnover restaurant. The totals presented in the traffic study are actually higher than those calculated for the application total. This is the conservative approach which will safeguard against totals that maybe higher than those projected. The need for a signal of this intersection should not be affected by the difference in traffic projections. Intersection Type of Control 2002 PM -Existing 2005 PM- Existing LOS LOS Fairview/Ea le Si nalized D E Locust Signalized D D Grove/Fairview 1S Street/Fairview Si nalized D D Cherry Signalized D D Lane/Meridian East Unsignalized N/A F access/Fairview West Signalized - N/A C *'` access/Fairview ro osed * -Site traffic will experience significant delay during the PM peak hour. "* -This analysis was based on the assumption that the west access will be approved for Signalization. Approach traffic from the site will maintain acceptable service levels by that time period with the addition of a traffic signal. Fairview Avenue was evaluated for Level of service in the build out (2005) and 2020. The projections for the peak hour were LOS C for 2005 and LOS E for 2020 based on a five-lane roadway. The recommendation is that Fairview Avenue be expanded to handle the additional capacity needed after year 2020. The Traffic study reviewed the Signal Warrants from the 1988 MUTCD. The analysis indicates that warrant #1 will be met with 75% of site traffic using the signalized intersection. Warrant #2 is met with less than 50% of the site traffic. Similarly, warrants #9, #10, and #11 are all satisfied based on projected traffic volumes. 3 5. Site Information: The site is currently vacant. 6. Description of Adjacent Surrounding Area: • North: Meridian Place Subdivision Number 1 • South: Commercial /retail • East: Fairview Terrace Mobile Home Park • West: Settlers Village Re-subdivision :7 7. Roadway Improvements Adjacent To and Near the Site The site has access to Fairview Avenue and two local residential stub streets, Teare Avenue and Clarene Street. Fairview Avenue is improved with 5-traffic lanes with no curb, gutter or sidewalk abutting the site. There is curb, gutter and 5-foot concrete sidewalk located directly to the east of this property and was constructed with carwash that is located on the northwest corner of Jericho Road and Fairview Avenue. Teare Avenue and Clarene Street are improved with 2-traffic lanes (37-feet of pavement) with curb, gutter and 5-foot concrete sidewalk. Jericho Road does not abut the site but would be utilized with the extension of Teare Avenue or Clarene Street. Jericho Road is a collector roadway that is improved with 2-traffic lanes with curb, gutter and 5-foot concrete sidewalk. 8. Existing Right-of-Way Fairview Avenue is a principal arterial that currently has a total of 110-feet of right-of-way (55-feet from centerline). Teare Avenue and Clarene Street are local residential roadways with a total of 60-feet of right-of-way (30-feet from centerline). 10. Site History On May 7, 2000, the Commission reviewed and approved a preliminary plat, Teare Terrace, on this site. Teare Terrace was proposed to be a 13-lot commercial and residential subdivision. This development proposed to extend Clarene Street into the property and extend south to connect to Fairview Avenue. Teare Avenue was proposed to extend into the site as a cul-de-sac on the property. 11. Five Year Work Program There are no improvements in the area that are scheduled in the Five Year Work Program. 12. Signal Location The District has chosen the location of the signal at the commercial/industrial roadway and Fairview Avenue intersection due to the fact that: • This location is at the half-mile • This location will serve more vehicle trips per day • This location will pull vehicle trips per day off of Jericho Street (a collector roadway with front on housing) and will place the vehicles on a commercial/industrial roadway • This location will provide the surrounding residential homes with access to a signal 4 ~ ~ • This location can serve more vehicle trips per day on the North side of Fairview Avenue than on the south side of Fairview Avenue B. Findings for Consideration Right-of-Way and Sidewalk District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- wayallows for the construction of a 7-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation an additional 5-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). The applicant is proposing to construct acommercial/industrial roadway that intersects with Fairview Avenue 310-feet east of the west property line. This roadway location meets District policy and should be approved with this application. 3. Street Sections District policy 7202.8 and 72-F1 B, requires roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. The applicant is proposing to construct acommercial/industrial roadway that extends from Fairview Avenue to the north. This roadway is proposed to cul-de-sac just before the proposed multi-family residential apartment complex. This roadway will also provide a link that will connect into Teare Avenue. The proposed commercial/industrial roadway that the applicant is proposing will consist of a 40-foot street section that includes 2-travel lanes, a center turn lane, curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. The proposed street section meets District policy and should be approved with this application. 5 • • 4. Driveways District policy F2-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. District policy F2-F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-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. Fairview Avenue Driveway The applicant is proposing to construct one 30-foot wide driveway on Fairview Avenue. This driveway is proposed to intersect Fairview Avenue approximately 205-feet west of the east property line. This driveway meets District policy and should be approved with this application. Commercial /Industrial Street Driveways The applicant is proposing to construct thirteen driveways on the proposed commercial/industrial roadway. The driveways are proposed to be constructed in the following locations. • Driveway number 1 is proposed to intersect the commercial/industrial roadway approximately 54-feet north of Fairview Avenue. This driveway is proposed to be 25- feet in width. • Driveway number 2 and 3 are proposed to intersect the commercial/industrial roadway approximately 175-feet north of Fairview Avenue. These driveways are proposed to align with one another. These driveways are proposed to be 17-feet in width. • Driveway number 4 is proposed to intersect the commercial/industrial roadway approximately 235-feet north of Fairview Avenue. This driveway is proposed to be 21-feet in width. • Driveway number 5 is proposed to intersect the commercial/industrial roadway that extends north from Fairview Avenue approximately 580-feet north of Fairview Avenue. This driveway is proposed to be 22-feet in width. • Driveway number 6 is proposed to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac. This driveway is proposed to be 45-feet in width. • Driveway number 7 is proposed to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 50-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north. This driveway is proposed to be 27-feet in width. • Driveway number 8 is proposed to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north. This driveway is proposed to be 20-feet in width • Driveway number 9 is proposed to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 430-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north. This driveway are proposed to be 25-feet in width. 6 • • Driveways number 10 and number 11 are proposed to be 30-feet in width and located on the east and west side of the commercial/industrial roadway just north of the proposed roundabout. Driveway number 12 and 13 are proposed to be 30-feet in width and located on the east and west side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout. All of the proposed driveway locations meet District policy in regard to location. All of the proposed driveway widths meet District policy EXCEPT for driveway number 6. Driveway number 6 should be constructed a maximum of 35-feet in width. 5. All Driveways 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 and install pavement tapers with 15-foot radii abutting the existing roadway edge. 6. Stub Streets District policy 7203.5.1 and 7205.5 requires stub streets to provide intra-neighborhood circulation and to provide access to adjoining parcels. District policy 7203.3.2 requires an existing street or a street in an approved preliminary plat, which extends at a boundary of a proposed development to be extended into that development. The applicant is proposing to extend Teare Avenue. This extension will provide a connection from Teare Avenue to Fairview Avenue. The extension of Teare Avenue meets the goals and intent of District policy and has the supportive of District staff. The District held a neighborhood meeting on Thursday March 20, 2003. The Teare Avenue extension was approved by the Meridian City Council on March 25, 2003 after a number of neighborhood concerns arose. Modification of Policy The applicant is proposing to terminate Clarene Street at its current location and construct temporary bollards for emergency access only. District policy requires that stub streets be constructed and/or extended to adjoining properties to provide reasonable access and intra-neighborhood connectivity. Staff would generally support the extension of Clarene Street into the site, but due to the fact that the applicant is extending Teare Avenue to the residential neighborhood that is located to the northeast, staff is supportive of the applicant's proposal to construct bollards at the terminus of Clarene Street. With the construction of bollards, Clarene Street will be one-lot and less than 150-feet in depth, therefore, the applicant will not be required to construct a temporary turnaround. 6. Turnarounds District policy 7204.9.2 requires turnarounds to be constructed to provide a minimum turning radius of 55-feet. The applicant is proposing to dedicate a hammerhead turnaround at the west end of Clarene Street on the applicant's property. This hammerhead turnaround will function as the property's frontage until the preliminary plat is submitted and the roadways are formally dedicated. This hammerhead turnaround is required to have bollards installed at the terminus of Clarene Street where the 7 hammerhead begins. The applicant should also enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to access the turnaround. The applicant is proposing to provide a permanent "hammerhead" easement to the District at the terminus of North Lark Avenue. This easement is acceptable to the District but must be approved by the Meridian Fire Department. The applicant should provide a permanent "hammerhead" easement to the District at the terminus of the commercial/industrial roadway and provide documentation to the District showing the review and approval of this configuration from the Meridian Fire Department. 7. Roundabout The applicant is proposing to construct a roundabout within the commercial/industrial roadway approximately 530-feet north of Fairview Avenue. The roundabout should be designed with 21-foot street sections on either side of the center island. The applicant will be required to dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 8. Signalization The applicant is proposing to construct a new signal at the intersection of Fairview Avenue and the commercial/industrial roadway that extends north into the site. The signal is proposed at the half mile. The traffic study determined that the warrants would be met and that the existing signals in the area would not be significantly impacted by the new signal. The District will contribute the hardware necessary for the construction of the new signal and any related roadway improvements. The applicant should plan, construct and install the signal that is proposed at the intersection of Fairview Avenue and the commercial/industrial roadway that extends north into the site. C. Site Specific Conditions of Approval The applicant shall do one of the following: Dedicate by donation an additional 5-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that extends north into the site. 3. Construct acommercial/industrial roadway that intersects with Fairview Avenue 310-feet east of the west property line, as proposed. 8 ! ~ 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. The portion of the commercial/industrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 5. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west of the east property line, as proposed. 6. Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54- feet north of Fairview Avenue, as proposed. 7. Construct two 17-foot wide driveway to intersect the commercial/industrial roadway approximately 175-feet north of Fairview Avenue, as proposed. 8. Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235- feet north of Fairview Avenue, as proposed. 9. Construct a 22-foot wide driveway to intersect the commercial/industrial roadway that extends north from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed. 10. Construct a driveway with a maximum width of 35-feet #o extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac. 11. Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 50-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 12. Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 13. Construct a 25-foot driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 430-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 15. Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 16. Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 17. Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 18. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. 9 • 20. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 21. Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to access the turnaround. 22. Provide a permanent "hammerhead" easement to the District at the terminus of the commercial/industrial roadway and provide documentation to the District showing that this configuration has been reviewed and approved by the Meridian Fire Department. 23. Construct a roundabout within the commercial/industrial roadway approximately 530-feet north of Fairview Avenue. Design the roundabout with a minimum of 21-foot street sections on either side of the center island. Dedicate sufi:lcient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 24. 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 damage 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. 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. 5. 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. 6. 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. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. 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 ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10 • 9. 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. 10. 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 and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity map 2. Submitted site plan 11 Request for Reconsideration of Commission Action 1. 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 returned to ACHD 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. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 12 • ~ 13