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PZ - ACHD Final Report   1 Burlingame Subdivision Development Services Department Project/File: Burlingame Subdivision / MPP18-0019 / H-2018-0079 The applicant is requesting a development agreement modification (with the City), rezone and preliminary plat approval for Burlingame Subdivision. Lead Agency: City of Meridian Site address: n/o Cherry Ln. w/o Black Cat Rd. Staff Approval: September 12, 2018 Applicant: Yuriy Mukha 5504 N. Senita Hills Avenue Meridian, ID 83642 Representative: Becky McKay Engineering Solutions, LLP 1029 N. Rosario Street Suite 100 Meridian, ID 83642 Staff Contact: Austin Miller Phone: (208) 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting a development agreement modification (with the City), rezone and preliminary plat approval for Burlingame Subdivision. The proposed subdivision will be rezoned from R-4 (medium low density residential) to R-8 (medium density residential) and will include 74 buildable lots. The proposed plan is inconsistent with the City of Meridian’s comprehensive plan which designates this area as low density residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Residential District (Turnberry Subdivision) R-4 South Rural Urban Transition RUT East Limited Office District (Churches) L-O West Rural Urban Transition RUT 3. Site History: ACHD previously reviewed and approved this site as Burlingame Subdivision with 60-buildable lots and a different internal layout in May 2017. The requirements of this report are generally consistent with those of the prior action, with updated requirements to reflect current ACHD policy and the revised internal site design. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • A daycare facility was approved in February 2018 to operate at 5120 W. Cherry Lane (southeast neighboring parcel). 2 Burlingame Subdivision 5. Transit: Transit services are not available to serve this site. 6. Pathway Crossings: In shared use paths, the width of curb ramps, runs and blended transitions shall be equal to the width of the shared use path, not including any flared sides if utilized. 7. New Center Lane Miles: The proposed development includes 0.61 centerline miles of new public road. 8. 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. The impact fee assessment will not be released until the civil plans are approved by ACHD. 9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Black Cat Road is listed in the CIP to be widened to 5-lanes from Ustick Road to Franklin Road between 2021 and 2025. • The intersection of Black Cat Road and Cherry Lane is listed in the CIP to be widened to 5- lanes on the north leg, 6-lanes on the south, 5-lanes east, and 4-lanes on the west leg, and signalized between 2021 and 2025. • The intersection of Black Cat Road and Ustick Road is listed in the CIP to be reconstructed as a dual-lane roundabout between 2021 and 2025. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 699 additional vehicle trips per day; 74 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 10th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a two-lane principal arterial is “E” (690 VPH). * Acceptable level of service for a two-lane minor arterial is “E” (575 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts. • The average daily traffic count for Cherry Lane east of McDermott Road was 5,712 on April 21, 2016. • The average daily traffic count for Black Cat Road north of Cherry Lane was 6,667 on July 7, 2015. C. Findings for Consideration 1. Cherry Lane a. Existing Conditions: Cherry Lane is improved with 2-travel lanes (28-feet of pavement), and no curb, gutter or sidewalk abutting the site. The property line currently extends to the section line on Cherry Lane. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project Cherry Lane 200-feet Principal Arterial 369 Better than “E” Better than “E” Black Cat Road None Minor Arterial 313 Better than “E” Better than “E” 3 Burlingame Subdivision b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for 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. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial 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- 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. Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be required (See Section 7205.5.5). 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 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 Cherry Lane is designated in the MSM as a Commercial Arterial with 5-lanes and on-street bike lanes, a 72-foot street section within 96-feet of right-of-way. 4 Burlingame Subdivision c. Applicant Proposal: The applicant is not proposing any improvements to Cherry Lane abutting the site. d. Staff Comments/Recommendations: The applicant should be required to improve Cherry Lane to a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder abutting the site. The applicant should be required to dedicate a minimum of 48-feet of right-of-way from the section line on Cherry Lane. As Cherry Lane is not included in the CIP, no compensation will be provided. The applicant should be required to construct a minimum of 5-foot wide concrete sidewalk along Cherry Lane abutting the site. The sidewalk should be located a minimum of 41-feet from the centerline of Cherry Lane. 2. Internal Local Streets a. Existing Conditions: There are no existing streets 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 47-feet wide and that the standard street section shall be 33-feet (back-of-curb to back-of-curb). Standard Urban Local Street—33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that the standard street section shall be 33-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 wide concrete sidewalks on both sides and shall typically be constructed within 47-feet of right-of-way. 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. 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 5 Burlingame Subdivision 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. Driveway Location Policy: District policy 7207.4.1 requires driveways near intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street intersection, and 150-feet from the nearest collector or arterial street intersection. 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 driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. Landscape Medians Policy: District policy 7207.5.16 states that landscape medians are permissible where adequate pavement width is provided on each side of the median to accommodate the travel lanes and where the following is provided: • The median is platted as right-of-way owned by ACHD. • The width of an island near an intersection is 12-feet maximum for a minimum distance of 150-feet. Beyond the 150-feet, the island may increase to a maximum width of 30-feet. • At an intersection that is signalized or is to be signalized in the future, the median width shall be reduced to accommodate the necessary turn lane storage and tapers. • The Developer or Homeowners Association shall apply for a license agreement if landscaping is to be placed within these medians. • The license agreement shall contain the District’s requirements of the developer including, but not limited to, a “hold harmless” clause; requirements for maintenance by the developer; liability insurance requirements; and restrictions. • Vertical curbs are required around the perimeter of any raised median. Gutters shall slope away from the curb to prevent ponding. Stopping Sight Distance: A safe stopping sight distance is required for all vertical and horizontal curves. The minimum sight distance allowed is 150-feet on local streets. 6 Burlingame Subdivision Tangent Length Approaching Intersections Policy: Intersections located on horizontal curves should be avoided particularly if the radius of either street is close to the minimum allowed or if the intersection occurs on the inside of the horizontal curve. A permanent sight distance easement based on the sight distance of the design speed shall be provided where one street must intersect with another on a curve. The minimum centerline tangent length approaching an intersection shall be 150-feet from the near edge of the travel way. If the street is planned for future widening, then the tangent shall be measured from the near edge of the future travel way. c. Applicant’s Proposal: The applicant is proposing the entrance road (Montgomery Way) to be constructed with two 21-foot wide travel lanes, vertical curb, gutter, a 9-foot wide island and 5- foot wide concrete sidewalks within 68-feet of right-of-way for 120-feet north of Cherry Lane (measured from centerline). The remaining internal streets are proposed to be constructed as 33-foot street sections, with rolled curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way. The applicant is proposing a driveway and cross access easement on Montgomery Way 130- feet north of Cherry Lane to provide access to 5136 W. Cherry Lane. The applicant is proposing Filoli Way to intersect Montgomery Way with a 150-foot radius. d. Staff Comments/Recommendations: The applicant’s proposal to construct Montgomery Way 120-feet north of Cherry Lane (measured from centerline) with two 21-foot wide travel lanes, vertical curb, gutter, a 9-foot wide island and 5-foot wide concrete sidewalks within 68-feet of right-of-way exceeds District policy as only 65-feet of right-of-way should be dedicated. The applicant’s proposal to dedicate 50-feet of right-of-way for a 33-foot street section exceeds District policy, as only 47-feet of right-of-way should be dedicated. The proposed cross access driveway on Montgomery Way does not meet District driveway location policy as it does not meet the required 150-foot offset from Cherry Lane. However, staff recommends a modification of policy to allow the driveway to be located as proposed. The driveway location is necessary to serve the existing shop on the neighboring property and will reduce direct lot access to Cherry Lane. Filoli Way approaching Montgomery Way provides a minimum sight distance of 150-feet from the intersection and the 150-foot radius should be approved as proposed. A minimum sight distance of 280-feet should be provided for vehicles on Filoli Way entering Montgomery Way. The current proposal meets this requirement however the proposed gazebo located within the common area should be located far enough from the curb line to ensure the 280-foot sight line is maintained. 3. Roadway Offsets a. Existing Conditions: There are no existing streets internal to the site. b. Policy: Local Street Intersection Spacing on Principal Arterials: District policy 7205.4.3 states that new local streets should not typically intersect arterials. Local streets should typically intersect collectors. If it is necessary, as determined by ACHD, for a local street to intersect an arterial, the minimum allowable offset shall be 1,320-feet as measured from all other existing roadways as identified in Table 1b (7205.4.7). Local Offset Policy: District policy 7206.4.5, requires local roadways to align or offset a minimum of 330-feet from a collector roadway (measured centerline to centerline). 7 Burlingame Subdivision District policy 7207.4.2, requires local roadways to align or provide a minimum offset of 125- feet from any other street (measured centerline to centerline). c. Applicant’s Proposal: The applicant is proposing to locate Montgomery Way to intersect Cherry Lane approximately 1,190-feet west of Black Cat Road (measured centerline-to- centerline). The applicant is proposing White Birch Drive to intersect Montgomery Way 330-feet north of Cherry Lane (measured centerline-to-centerline). d. Staff Comments/Recommendations: The applicant’s proposal to locate Montgomery Way 1,190-feet west of Black Cat Road does not meet District Policy, as the proposed offset does not meet the 1,320-foot minimum. The 10% modification of policy is approved at the Development Services Manager level. The applicant cannot locate a public street in conformance with District policy because the site has minimal frontage, and the intersec tion cannot be relocated to meet District policy. The applicant’s proposal for White Birch Drive to intersect Montgomery Way 330-feet north of Cherry Lane (measured centerline-to-centerline) meets District policy and should be approved as proposed. 4. Stub Streets a. Existing Conditions: There is one existing stub street, O’Connor Avenue, stubbing to the northern property line. b. Policy: 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. Temporary Dead End Streets Policy: District policy 7207.2.4 requires that the design and construction for cul-de-sac streets shall apply to temporary dead end streets. The temporary cul-de-sac shall be paved and shall be the dimensional requirements of a standard cul-de-sac. The developer shall grant a temporary turnaround easement to the District for those portions of the cul-de-sac which extend beyond the dedicated street right-of-way. In the instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as a non-buildable lot until the street is extended. c. Applicant Proposal: The applicant is proposing to extend O’Connor Avenue south into the site. The applicant is proposing to construct two stub streets, one extending west stubbing to 5200 W. Cherry Lane and one extending east stubbing to 5120 W. Cherry Lane. d. Staff Comments/Recommendations: The applicant’s proposal to extend O’Connor Avenue south into the site meets District Policy and should be approved as proposed. 8 Burlingame Subdivision The proposed stub street locations are consistent with staff recommendation as part of the prior application at this site, and should be approved as proposed. A sign shall be installed at the terminus of both stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” The stub street to 5120 W. Cherry Lane is 200-feet in length. A temporary turnaround is typically required for stub streets greater than 150-feet in length. The developer has requested a modification of policy to allow the stub street to be constructed as proposed as the length of the stub street is unable to be reduced due to the width of the neighboring parcel to the south (not included with this application), and the stub street only abuts one property. Furthermore, the applicant has provided conditional approval from the Meridian Fire Department with the stipulations that NO PARKING signs be installed for the stub street and that the house not front onto the stub street. If the applicant meets the conditions provided by the Meridian Fire Department a temporary turnaround should not be required. 5. Bridge for Safford Sublateral Crossing The District will require that the applicant submit the bridge plans for the crossing of the Safford Sublateral (O’Conner Avenue) for review and approval prior to the pre-construction meeting and final plat approval. Note: all plan submittals for bridges or pipe crossings of irrigation facilities should be submitted to ACHD for review no later than December 15th for construction in the following year prior to irrigation season. 6. Tree Planters Tree Planter Policy: 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. 7. 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. 8. Other Access Cherry Lane is classified as a principal arterials roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Construct curb ramps, runs and blended transitions to be equal to the width of the shared use path crossing O’Conner Avenue, not including any flared sides if utilized. 2. Improve Cherry Lane to a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder abutting the site. 3. Dedicate a minimum of 48-feet of right-of-way from the section line on Cherry Lane. As Cherry Lane is not included in the CIP, no compensation will be provided. 4. Construct a minimum of 5-foot wide concrete sidewalk along Cherry Lane abutting the site located a minimum of 41-feet from the centerline of Cherry Lane. 9 Burlingame Subdivision 5. Construct Montgomery Way 120-feet north of Cherry Lane (measured from centerline) with two 21- foot wide travel lanes, vertical curb, gutter, a 9-foot wide island and 5-foot wide concrete sidewalks within 65-feet of right-of-way. 6. Construct all other internal streets as 33-foot street sections, with rolled curb, gutter and 5-foot wide concrete sidewalk within 47-feet of right-of-way. 7. Maintain a minimum sight distance of 150-feet for vehicles on Filoli Way approaching the Montgomery Way intersection. 8. Maintain a minimum sight distance of 280-feet for vehicles on Filoli Way entering Montgomery Way / Milliron Street. 9. Construct Montgomery Way to intersect Cherry Lane approximately 1,190-feet west of Black Cat Road (measured centerline-to-centerline). 10. Construct White Birch Drive to intersect Montgomery Way 330-feet north of Cherry Lane (measured centerline-to-centerline). 11. Extend O’Connor Avenue south into the site. 12. Construct two stub streets, one extending west stubbing to 5200 W. Cherry Lane and one extending east stubbing to 5120 W. Cherry Lane. Install a sign at the terminus of both stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 13. Install NO PARKING signs for the stub street to 5120 W. Cherry Lane to meet Meridian Fire Department requirements, in lieu of providing a temporary turnaround. 14. Submit the bridge plans for the crossing of the Safford Sublateral (O’Conner Avenue) for review and approval prior to the pre-construction meeting and final plat approval. 15. Cherry Lane is classified as a principal arterials roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. 16. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 17. Payment of impact fees is due prior to issuance of a building permit. 18. 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. 10 Burlingame Subdivision 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. 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 Reconsideration Guidelines 11 Burlingame Subdivision VICINITY MAP 12 Burlingame Subdivision SITE PLAN 13 Burlingame Subdivision 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 re view 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. 14 Burlingame Subdivision 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 permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (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 and 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. 15 Burlingame Subdivision 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.