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ACHD Final Report1 Charlene Way From:Sonya Allen Sent:Tuesday, May 07, 2019 1:18 PM To:Charlene Way; Chris Johnson Subject:FW: MPP19-0009/ H-2019-0042 Bainbridge Southeast Staff Report Attachments:MPP19-0009 Bainbridge Southeast Staff Report.pdf From: Dawn Battles <Dbattles@achdidaho.org> Sent: Monday, May 6, 2019 4:07 PM To: 'mwardle@brightoncorp.com' <mwardle@brightoncorp.com> Cc: Sonya Allen <sallen@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org> Subject: MPP19-0009/ H-2019-0042 Bainbridge Southeast Staff Report Here is the finalized report for the request located on Ten Mile Road, south of Chinden Boulevard. I added the verbiage “If the City of Meridian requires any additional stub street(s) the right-of-way for the stub street should extend to the property line” to the report under the Stub Streets section and the Site Specific Conditions. Have a great rest of your day. Thanks, Dawn Battles Dawn Battles Dawn Battles Dawn Battles Planner Planner Planner Planner Ada County Highway District Tel:208.387.6218 dbattles@achdidaho.org "We drive quality transportation for all Ada County-Anytime…Anywhere!" We are located at 1301 N. Orchard Street, Suite 200.   1 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 Development Services Department Project/File: Bainbridge Southeast/ MPP19-0009/ H-2019-0042 This is a preliminary plat consisting of 21 buildable lots located on 5 acres. Lead Agency: City of Meridian Site address: W. Side of Ten Mile Road, ½ Mile South of SH 20/26/Chinden Boulevard Staff Approval: May 6, 2019 Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste 200 Boise, ID 83713 Staff Contact: Dawn Battles Phone: 387-6218 E-mail: dbattles@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a 28-lot preliminary plat consisting of 21 residential lots and 7 common lots. The applicant’s proposal is consistent with the City of Meridian’s comprehensive plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium-Density Residential/ Limited Office/ Rural Urban Transition R-8/ L-O (City of Meridian) & RUT (Ada County) South Community Business C-C East Medium-Low Density Residential R-4 West Medium-Density Residential R-8 3. Site History: ACHD previously reviewed this site in July 2013, the site that was originally part of two separate developments, Bainbridge Subdivision & Keego Springs, were combined and approved by staff. The requirements of this staff report are different than those of the prior action due to a STAR Agreement (A Sales Tax Anticipation Revenue Reimbursement Agreement) for Lost Rapids Subdivision, located directly north of the site. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • Lost Rapids Subdivision, a 15-lot mixed-use subdivision consisting of 1 multi-family residential lot, 13 commercial lots and 1 other lot located adjacent to the site to the north was approved by the ACHD Commission in February 2018. 2 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 • Tree Farm, a 176 residential lot subdivision located northwest of the site was approved by the ACHD Commission in January 2017. • Trilogy Subdivision, a 144 residential lot subdivision is located northwest of the site and was approved by staff in October 2015. 5. Transit: Transit services are not available to serve this site. 6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared use path. AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection Treatments: The opening of a shared use path at the roadway should be at least the same width as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the full width of the ramp. FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average width of the trail to improve safety for users who will be traveling at various speeds. In addition, the overall width of the trail should be increased, so the curb ramp can be slightly offset to the side. The increased width reduces conflict at the intersection by providing more space for users at the bottom of the ramp. 7. New Center Lane Miles: The proposed development includes 0.21 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): • Ten Mile Road is scheduled in the IFYWP to be widened to 5-lanes from McMillan Road to Chinden Boulevard in 2020. • Ten Mile Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to McMillan Road in 2020. • Black Cat Road is listed in the CIP to be widened to 3-lanes from McMillan Road to Hwy 20/26 (Chinden Boulevard) between 2026 and 2030. • The intersection of Hwy 20/26 (Chinden Boulevard) and Black Cat Road is listed in the CIP to be widened to 5-lanes on the north leg, 5-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and signalized between 2026 and 2030. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 198 vehicle trips per day; 21 vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Eng ineers Trip Generation Manual, 10th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service 3 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 * Acceptable level of service for a two-lane minor arterial is “E” (575 VPH). ** ACHD does not set level of service thresholds for State Highways. *** Will operate at acceptable level of service with improvements identified in Findings for Consideration 1 below. 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 Ten Mile Road south of Hwy 20/26 (Chinden Boulevard) was 13,131 on May 31, 2018. • The average daily traffic count for Hwy 20/26 (Chinden Boulevard) west of Ten Mile Road was 21,415 on October 18, 2017. C. Findings for Consideration 1. Ten Mile Road a. Existing Conditions: Ten Mile Road is improved with 2-travel lanes, and no curb, gutter or sidewalk abutting the site. There is 64-feet of right-of-way for Ten Mile Road (25-feet from centerline). 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 **State Highway 20/26 Chinden Boulevard 0-feet Expressway 1,057 N/A Ten Mile Road 148-feet Minor Arterial 609 *** “F” 4 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 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). 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 Ten Mile Road is designated in the MSM as a Residential Mobility Arterial with 5-lanes and on-street bike lanes, a 72-foot street section within 96-feet of right-of-way. c. Applicant Proposal: The applicant is proposing to dedicate 55-feet of right-of-way from centerline of Ten Mile Road abutting the site. The plat depicts that the east property line is located at the centerline of Ten Mile Road. d. Staff Comments/Recommendations: The applicant’s proposal to dedicate 55-feet of right-of- way on Ten Mile Road exceeds policy and should be approved. The applicant’s proposal exceeds policy because only 48-feet of right-of-way from centerline is required. The applicant will be compensated for the right-of-way that is dedicated in addition to the existing 25-feet (up to 48-feet), as Ten Mile Road is impact fee eligible. Typically, the applicant would be required to improve Ten Mile Road with 17-feet of pavement, a 3-foot gravel shoulder and 5-foot wide detached concrete sidewalk abutting the site. However, Ten Mile Road will be widened to 5-lanes between Chinden Boulevard and Milano Drive as part of the Lost Rapids Subdivision, which is a mixed-use of residential and commercial that includes a Costco Store and a fueling station, by utilizing a STAR Agreement (A Sales Tax Anticipation Revenue Reimbursement Agreement). The applicant is not required to construct frontage improvements on Ten Mile Road or provide a road trust agreement to ACHD due to the frontage improvements being included in the STAR Agreement. 2. Internal Local Streets—Fairborn Avenue, Ladle Rapids Street, & Double Eagle Lane a. Existing Conditions: No local streets exist internal to the site. Although not yet constructed, there are 2 stub streets to the site that were approved with Bainbridge Subdivision No. 9 and are located as follows: • Fairborn Avenue to the north property line located 510-feet west of Ten Mile Road (measured centerline-to-centerline). • Ladle Rapids Street located 155-feet from the south property line to the west property line (measured from the south property line to centerline of Ladle Rapids Street). 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. 5 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 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. For the City of Kuna and City of Star: Unless otherwise approved by Kuna or Star, 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 wide concrete sidewalks on both sides and shall typically be constructed within 50-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 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 6 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 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. 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. c. Applicant’s Proposal: The applicant is proposing to extend Fairborn Avenue and Ladle Rapids Street into the site as 33-foot street sections with rolled curb, gutter, an 8-foot wide planter strip and 5-foot wide detached concrete sidewalks within 60-feet of right-of-way. Fairborn Avenue is proposed to stub to the west property line and Ladle Rapids Street is proposed to terminate into a cul-de-sac. The applicant is proposing to construct Double Eagle Lane as a 36-foot street section with rolled curb, gutter and 5-foot wide attached sidewalk within 50-feet of right-of-way. This roadway is proposed to stub to the north property line. d. Staff Comments/Recommendations: The applicant’s proposal to extend Fairborn Avenue and Ladle Rapids Street into the site and to construct the internal local streets as 33-foot street sections meets District policy and should be approved; however the right-of-way should extend to 2-feet behind back of sidewalk for a total right-of-way width of 63-feet. The applicant may reduce the right-of-way width to 2-feet behind the back of curb and provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any sidewalk located outside of the dedicated right-of-way. The applicant should construct the cul-de-sac at the terminus of Ladle Rapids Street with a minimum turning radius of 45-feet. The applicant should construct Double Eagle Lane to stub to the north property line as a 33- foot street section with rolled curb, gutter and 5-foot wide attached sidewalk within 47-feet of right-of-way. 3. Roadway Offsets a. Existing Conditions: There are no existing roadways within the site. b. Policy: 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 the internal local streets to align or provide a minimum offset of 125-feet from any other street. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. 4. Stub Streets Existing Conditions: Although not yet constructed, there are 2 stub streets to the site that were approved with Bainbridge Subdivision No. 9 and are located as follows: 7 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 • Fairborn Avenue to the north property line located 510-feet west of Ten Mile Road (measured centerline-to-centerline). • Ladle Rapids Street to the west property line, located 155-feet from the south property line (measured from the south property line to centerline of Ladle Rapids Street). 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 construct Double Eagle Lane to the north property line, as a stub street, located 203-feet west of Ten Mile Road, and Fairborn Avenue to the south property line, as a stub street, located 500-feet west of Ten Mile Road (measured centerline-to-centerline). d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. The applicant should be required to install a sign at the terminus of both stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” A temporary turnaround is not required at the terminus of the stub streets as they do not extend greater than 150-feet in length. If the City of Meridian requires any additional stub street(s), the right-of-way for the stub street should extend to the property line. 5. 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. 6. 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 8 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 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. D. Site Specific Conditions of Approval 1. Dedicate 55-feet of right-of-way from centerline of Ten Mile Road abutting the site. The applicant will be compensated for the right-of-way that is dedicated in addition to the existing 25-feet (up to 48-feet), as Ten Mile Road is impact fee eligible. 2. Ten Mile Road will be widened to 5-lanes between Chinden Boulevard and Milano Drive as part of the Lost Rapids Subdivision, which is a mixed-use of residential and commercial that includes a Costco Store and a fueling station, by utilizing a STAR Agreement (A Sales Tax Anticipation Revenue Reimbursement Agreement). 3. Extend Fairborn Avenue and Ladle Rapids Street into the site as 33-foot street sections with rolled curb, gutter, an 8-foot wide planter strip and 5-foot wide detached concrete sidewalks within 63-feet of right-of-way or reduce the right-of-way width to 2-feet behind the back of curb and provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any sidewalk located outside of the dedicated right-of-way. 4. Construct the cul-de-sac at the terminus of Ladle Rapids Street with a minimum turning radius of 45-feet. 5. Construct Double Eagle Lane as a 33-foot street section with rolled curb, gutter and 5-foot wide attached sidewalk within 47-feet of right-of-way. 6. Align or offset the internal local street a minimum of 125-feet. 7. Stub Double Eagle Lane to the north property line located 203-feet west of Ten Mile Road. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 8. Stub Fairborn Avenue to the south property line located 500-feet west of Ten Mile Road. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 9. If the City of Meridian requires any additional stub street(s), the right-of-way for the stub street should extend to the property line. 10. 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. 11. Payment of impact fees is due prior to issuance of a building permit. 12. 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. 9 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 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. 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. Appeal Guidelines 10 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 VICINITY MAP 11 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 SITE PLAN 12 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 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 meeti ng 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. 13 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 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 applic ation 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. 14 Bainbridge Southeast/ MPP19-0009/ H-2019-0042 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.