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PZ - ACHD   1 Summertown Subdivision / MER17-0076 / H-2017-0142 Development Services Department Project/File: Summertown Subdivision / MER17-0076 / H-2017-0142 The applicant is requesting annexation and rezoning to TN-R for a 14-acre parcel located on the southeast corner of the intersection of Venable Lane and Ustick Road in Meridian, Idaho. Lead Agency: City of Meridian Site address: 745 W. Ustick Rd. Staff Approval: December 8, 2017 Applicant: 745 W. Ustick LLC 1307 N. 39th St. Ste. 102 Nampa, ID 83687 Representative: Devan Robnett Phoenix Commercial Construction, LLC 1307 N. 39th St. Ste. 102 Nampa, ID 83687 Staff Contact: Austin Miller Phone: 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting annexation and rezoning from RUT to TN-R for a 14-acre parcel located on the southeast corner of the intersection of Venable Lane and Ustick Road in Meridian, Idaho. The proposed use is consistent with the City of Meridian’s comprehensive plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Neighborhood Business District C-N South Medium-density Residential District R-8 East Community Commercial & Rural-Urban Transition Districts C-2 & RUT West Traditional Neighborhood Residential TN-R 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site:  Settlers Square, a commercial subdivision consisting of 12 lots, is located north of Ustick Road and was approved by ACHD in December 2015. The development has not final platted. 2 Summertown Subdivision / MER17-0076 / H-2017-0142  Creason Creek, a residential subdivision consisting of 51-buildable lots, is located south of Ustick Road east of Linder Road, and was approved by ACHD in August 2015. This project is currently under construction.  Sugarman, a commercial subdivision consisting of 4 lots is located at the northeast corner of Ustick Road and Linder Road, and was approved by ACHD in 2014. This project is in various stages of the development process.  Maddyn Village, a residential subdivision consisting of 29 single family lots and 48 multi-family dwelling units was approved by ACHD in August 2016. This project is currently under construction. 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: The proposed development includes 0.1 centerline miles of new public road. 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8. Capital Improvements Plan (CIP) / Integrated Five Year Work Plan (IFYWP):  There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the Integrated Five Year Work Plan (IFYWP) or the District’s Capital Improvement Plan (CIP). B. Traffic Findings for Consideration 1. Traffic Impact Study: A traffic impact study will be required for this project before ACHD will review of a future development application. 2. Trip Generation: The following table consists of potential land uses for this site and the associated trip generation rates based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. Land Use Daily Trip Generation Rate (per dwelling unit) PM Peak Hour Trips (per dwelling unit) Low-Rise Apartment 6.59 0.58 Mid-Rise Apartment N/A 0.39 Senior Adult Housing (Detached) 3.68 0.27 Senior Adult Housing (Attached) 3.44 0.25 3. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH). Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Ustick Road 640-feet Principal Arterial 750 Better than “E” Venable Lane 730-feet Collector N/A N/A 3 Summertown Subdivision / MER17-0076 / H-2017-0142 4. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts.  The average daily traffic count for Ustick Road east of Linder Road was 15,540 on June 9, 2015. C. Findings for Consideration This application is for annexation and rezone only. Listed below are some findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 1. Traffic Impact Study a. TIS General Requirements: Traffic Impact Studies (TIS) are intended to determine the need for any improvements to the adjacent and nearby transportation system in order to maintain a satisfactory level of service, and acceptable level of safety and the appropriate access provisions for a proposed development. Traffic Impact Studies are generally required when:  A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; OR  The added volume is equal to 100 vehicles per day. b. Staff Comments/Recommendations: The proposed conceptual site plan is estimated to generate over the required TIS thresholds. The applicant should be required to submit a traffic impact study to ACHD for this project prior to submittal of a future development application. 2. Ustick Road a. Existing Conditions: Ustick Road was recently constructed as a 5-lane roadway, with curb gutter and detached sidewalk abutting the site. There is 96-feet of right-of-way for Ustick Road (50-feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible f or improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96-feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused 4 Summertown Subdivision / MER17-0076 / H-2017-0142 driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Ustick Road is designated in the MSM as a Planer Commercial Arterial with 5-lanes and on-street bike lanes, a 72-foot street section within 96-feet of right-of-way. c. Staff Comments/Recommendations: The applicant should not be required to improve Ustick Road as it was recently reconstructed to a 5-lane roadway with vertical curb, gutter, and sidewalk by ACHD; all improvements exist abutting the site. Ustick Road is on the ACHD pavement cut moratorium. Any cuts to Ustick Road should be approved by the ACHD Pavement Cut Committee prior to permitting. 3. Venable Lane a. Existing Conditions: Venable Lane is a 40-foot wide unimproved/unopened right-of-way abutting the site’s west property line. b. Policy: Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for improving all collector frontages adjacent to the site or internal to the development as required below, regardless of whether access is taken to all of the adjacent streets. Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector street is designated with a typology on the Master Street Map, that typology shall be considered for the required street improvements. If there is no typology listed in the Master Street Map, then standard street sections shall serve as the default. Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location and width of the sidewalk and the location and use of the roadway. The right-of-way width may be reduced, with District approval, if the sidewalk is located within an easement; in which case the District will require a minimum right-of-way width that extends 2-feet behind the back-of-curb on each side. The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically accommodates a single travel lane in each direction, a continuous center left -turn lane, and bike lanes. Residential Collector Policy: District policy 7206.5.2 states that the standard street section for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalks at least 5-feet wide to be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- 5 Summertown Subdivision / MER17-0076 / H-2017-0142 of -way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. A new collector roadway was identified on the MSM with the street typology of Residential Collector. The new collector roadway should align with Venable Avenue on the north side of Ustick Road. The Residential Collector typology as depicted in the Livable Street Design Guide recommends a 2-lane roadway with bike lanes, and on street parking, a 47-foot street section within 69-feet of right-of-way. c. Site History: Abutting this site’s west property line is 40-feet of unimproved right-of-way. A 20-foot wide strip of right-of-way extends 960-feet south of Ustick Road, and was dedicated in 1909 for the purpose of a public road (illustrated in red). An additional 20-foot wide strip, extending from Ustick Road south to Stanhope Street, was accepted by ACHD as unimproved right-of-way in September 2009 at the request of the City of Meridian (illustrated in blue). The unimproved right-of-way donation in 2009 was accepted by ACHD with the condition that the City of Meridian require the developer of the subject property to dedicate additional right- of-way, relocate utilities, and construct Venable Lane when the property is developed. As stated at the time of right-of-way acceptance, and agreed upon by the City of Meridian:  ACHD will not fund improvements to this roadway (Venable Lane) when/if it is constructed in the future.  ACHD will not purchase additional rights-of-way necessary to construct a street in this location.  ACHD will not participate in the cost to improve Venable Lane.  ACHD will rely on the City of Meridian to require this road to be improved with future development. d. Staff Comments/Recommendations: Consistent with the previous agreement, the City of Meridian should require the applicant to improve Venable Lane as a complete street from Ustick Road to Stanhope Street. The applicant should be required to construct Venable Lane aligned centerline-to-centerline with Venable Avenue on the north side of Ustick Road as a 36-foot wide collector street section, with vertical curb, gutter and 5-foot wide detached concrete sidewalk (or 7-foot wide attached concrete sidewalk) from Ustick Road south 245-feet (measured from the centerline of Ustick Road). As the roadway continues south taper Venable lane to a 29-foot street section with vertical curb, gutter and 5-foot wide detached concrete sidewalk (or 7-foot wide attached concrete sidewalk). The applicant should be required to provide written fire department approval for the reduced 29-foot street section. 6 Summertown Subdivision / MER17-0076 / H-2017-0142 The applicant should be required to sign Venable Lane its full length for “No Parking” on both sides. Staff recommends that Venable Street not be constructed south of Stanhope Street, as there is not sufficient right-of-way to construct a street and is not necessary to provide a stub to the property to the south; additional stub streets are provided to this parcel. 4. Master Street Map a. Staff Comments/Recommendations: The MSM designates a future multi-lane roundabout at the intersection of Venable Lane and Ustick Road. Staff recommends that the MSM be modified to remove the roundabout from the map because the southwest and northeast quadrants of the intersection were developed prior to the adoption of the MSM and did not dedicate right-of-way to allow for the future construction of the roundabout. 5. Local Internal Streets a. Existing Conditions: No local streets exist internal to the site. b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way widths for all local streets shall generally not be less than 50-feet wide and that the standard street section shall be 36-feet (back-of-curb to back-of-curb). The District will consider the utilization of a street width less than 36-feet with written fire department approval. Standard Urban Local Street—36-foot to 33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that the standard street section shall be 36-feet (back-of-curb to back-of-curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot concrete sidewalks on both sides and shall typically be within 50-feet of right-of-way. The District will also consider the utilization of a street width less than 36-feet with written fire department approval. Most often this width is a 33-foot street section (back-of-curb to back- of -curb) for developments with any buildable lot that is less than 1 acre in size. Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. Benefits of connectivity include but are not limited to the following:  Reduces vehicle miles traveled.  Increases pedestrian and bicycle connectivity.  Increases access for emergency services.  Reduces need for additional access points to the arterial street system  Promotes the efficient delivery of services including trash, mail and deliveries.  Promotes appropriate intra-neighborhood traffic circulation to schools, parks, neighborhood commercial centers, transit stops, etc.  Promotes orderly development. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. 7 Summertown Subdivision / MER17-0076 / H-2017-0142 The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of -way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the emergency service providers may require a greater radius. Landscape and parking islands may be constructed in turnarounds if a minimum 29-foot street section is constructed around the island. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. The developer shall provide written approval from the appropriate fire department for this design element. The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the agency providing emergency fire service for the area where the development is located. Stub Street Policy: District policy 7207.2.4 states that stub streets will be required to provide circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7207.2.5.4, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” In addition, stub streets must meet the following conditions:  A stub street shall be designed to slope towards the nearest street intersection within the proposed development and drain surface water towards that intersection; unless an alternative storm drain system is approved by the District.  The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. c. Applicant’s Proposal: The applicant’s concept includes extending Ridgebury Avenue into the site as a 33-foot street section, with curb, gutter and sidewalk within 47-feet of right-of- way. The applicant is proposing a cul-de-sac at the terminus of Ridgebury Avenue. d. Staff Comments/Recommendations: A 33-foot street section, with curb, gutter and 5-foot wide concrete sidewalk within 47-feet of right-of-way meets District policy. The applicant should be required to construct a public street providing access from Ridgebury Avenue to Venable Lane. The applicant should be required to provide a minimum 45-foot radius for the conceptual cul- de-sac, and the right-of-way should extend to the eastern property line, serving as a future stub street to the property to the east. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 8 Summertown Subdivision / MER17-0076 / H-2017-0142 6. Roadway Offsets a. Policy: Collector Offset Policy: District policy 7205.4.2 states that the optimum spacing for new signalized collector roadways intersecting principal arterials is one half-mile. Local Offset Policy: District policy 7206.4.5, requires local roadways to align or provide a minimum offset of 330-feet from any other street when intersecting a collector roadway (measured centerline to centerline). b. Staff Comments/Recommendations: The applicant should be required to align Venable Lane centerline-to-centerline with Venable Avenue to the north. Any public street connection to Venable Lane should be in alignment with Stanhope Street. 7. Driveways 6.1 Venable Lane a. Policy: Access Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Driveway Location Policy: District policy 7206.4.3 requires driveways located on collector roadways near a signalized intersection to be located outside the area of influence; OR a minimum of 440-feet from the signalized intersection for a full-access driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only driveway. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on collector roadways with a speed limit of 25 MPH and daily traffic volumes greater than 100 VTD to align or offset a minimum of 245-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7206.4.6, 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 in accordance with Table 2 under District Policy 7206.4.6. b. Applicant’s Proposal: The applicant is proposing 3 driveways on Venable Lane located approximately 190-feet, 340-feet and 614-feet south of Ustick Road (measured centerline-to- centerline). c. Staff Comments/Recommendations: The applicant should be required to align their northern driveway with the existing driveway on the west side of Venable Lane (located 225- feet south of Ustick Road). 9 Summertown Subdivision / MER17-0076 / H-2017-0142 Any additional driveways on Venable Lane should meet the required 245-foot spacing requirement from all other driveways. 8. Tree Planters Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8- feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 9. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD 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 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. 10. Other Access Ustick Road is classified as a principal arterial roadway, and Venable Lane is classified as a collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and should be noted on the final plat. D. Site Specific Conditions of Approval This application is for annexation and rezone only. Listed below are some of the site specific conditions of approval that the District may identify when it reviews a future development application. The District may add additional site specific conditions of approval when it reviews a specif ic redevelopment application. 1. Submit a traffic impact study to ACHD for this project prior to submittal of a future development application. 2. Obtain approval by the ACHD Pavement Cut Committee prior to permitting for all cuts on Ustick Road. 3. Construct Venable Lane aligned centerline-to-centerline with Venable Avenue to the north as a 36-foot street section, with vertical curb, gutter and 5-foot wide detached concrete sidewalk (or 7- foot wide attached concrete sidewalk) extending south to the existing driveway on the west. Right- of -way should be dedicated extending 2-feet past the back edge of sidewalk. 4. Construct Venable Lane south of the existing driveway to the neighboring apartment complex as a 29-foot street section with vertical curb, gutter and a 5-foot wide detached concrete sidewalk (or 7-foot wide attached concrete sidewalk). Right-of-way should be dedicated extending 2-feet past the back edge of sidewalk. 5. Provide written fire department approval for the reduced 29-foot street section. 6. Sign Venable Lane for “No Parking” on both sides. 7. Construct internal streets as 33-foot street sections, with curb, gutter and 5-foot wide concrete sidewalk within 47-feet of right-of-way. 8. Construct a public street providing access from Ridgebury Avenue to Venable Lane. 10 Summertown Subdivision / MER17-0076 / H-2017-0142 9. Provide a minimum 45-foot radius for the proposed cul-de-sac, extend right-of-way to the eastern property line, serving as a future stub street to the property to the east. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 10. Construct any public street connection to Venable Lane in alignment with Stanhope Street. 11. Note on the final plat that other than the access specifically approved with this application, direct lot access is prohibited to Ustick Road and Venable Avenue. 12. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) 13. Payment of impact fees is due prior to issuance of a building permit. 14. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right -of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. 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 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 11 Summertown Subdivision / MER17-0076 / H-2017-0142 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Appeal of Staff Decision 12 Summertown Subdivision / MER17-0076 / H-2017-0142 VICINITY MAP 13 Summertown Subdivision / MER17-0076 / H-2017-0142 SITE PLAN 14 Summertown Subdivision / MER17-0076 / H-2017-0142 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 15 Summertown Subdivision / MER17-0076 / H-2017-0142 Development Process Checklist Items Completed to Date: Submit a development application to a City or to Ada County The City or the County will transmit the development application to ACHD The ACHD Planning Review Section will receive the development application to review The Planning Review Section will do one of the following: Send a “No Review” letter to the applicant stating that there are no site specific conditions of approval at this time. 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. Items to be completed by Applicant: For ALL development applications, including those receiving a “No Review” letter:  The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.)  The applicant is required to get a perm it 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 (Non-Subdivisions) Driveway or Property Approach(s)  Submit a “Driveway Approach Request” form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. Working in the ACHD Right-of-Way  Four business days prior to starting work have a bonded contractor submit a “Temporary Highway Use Permit Application” to ACHD Construction – Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50’ or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) Sediment & Erosion Submittal  At least one week prior to setting up a Pre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed an d approved by the ACHD Stormwater Section. 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 is required prior to scheduling a Pre-Con. 16 Summertown Subdivision / MER17-0076 / H-2017-0142 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services 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 and Clerk of the District, 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 Development Services 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 Development Services 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. 17 Summertown Subdivision / MER17-0076 / H-2017-0142 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 11:00 a.m. 2 days 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. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission.