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2019-09-13 ACHD Approved Staff Level Report   1 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 Development Services Department Project/File: Ten Mile Creek East Apartments Phase 2/MER19-0069/ H-2019-0089 The applicant is requesting Conditional Use Permit approval for construction of 235 multi-family units on 8.3 acres and approval of Alternative Compliance for variations of the City of Meridian’s Unified Development Code (UDC) standards for parking and private open space. Lead Agency: City of Meridian Site address: South of Franklin Road and East of Ten Mile Road, directly east of the Cobalt Drive extension: Parcel Numbers S1214223335, S1214223345, S1214212801, S1214212820 Staff Approval: September 10, 2019 Applicant: SCS TM Creek & SCS Brighton 2929 West Navigator #400 Meridian, Idaho 83642 Representative: Mike Wardle 2929 West Navigator #400 Meridian, Idaho 83642 Staff Contact: Paige Bankhead Planner II Phone: 387-6293 E-mail: pbankhead@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval for a Conditional Use Permit for 235 multi-family units on 8.3 acres. They are also seeking approval of Alternative Compliance for variations of the UDC parking (11-3A-19B.3) and private open space standards (11-4-3- 27B.3). They are proposing to construct Cobalt Drive at the southern boundary of the property and continue the 10-foot regional pathway east-west at the northern boundary of the property. The site is currently zoned R-40 and is consistent with the City of Meridian’s comprehensive plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North High Density Residential/Traditional Neighborhood Center R-40/TN-C South General Retail & Service Commercial C-G East High Density Residential/ Traditional Neighborhood Center R-40/TN-C West General Retail & Service Commercial/High Density Residential C-G/Conditional Use Permit Vicinity Map 2 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 3. Site History: ACHD staff previously reviewed the eastern portion of this site as an Annexation, Rezone, and Development Agreement Modification under MER15-0110 (H-2015-0018) in November 2015. ACHD recommended findings for consideration at that time that the District may identify when it reviews a future development application. The requirements of this staff report are consistent with those of the prior action. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • The Preliminary Plat for Ten Mile Creek Development, consisting of Subdivision Nos. 1, 2, 3 and 4 to the north, northwest and west of the site, were reviewed and approved by ACHD in February 2014 under ACHD file MPP14-0016 (MAZ-13-015 and MPP-13-030). The following are plan reviews of the Preliminary Plat for construction: o Ten Mile Creek Subdivision No 1., ACHD SUBP14-0284, is northwest of the site with 8 lots and 1 common lot for commercial use was approved by ACHD in November 2015 and is in various stages of development. o Ten Mile Creek Subdivision No 2., ACHD SUBP17-0021, is west-northwest of the site with 10 lots for commercial uses and was approved by ACHD in March 2017 and is in various stages of development. o Ten Mile Creek Subdivision No 3., ACHD SUBP18-0001, is directly west of the site with 1 lot and 1 common lot for 240 multi-family dwelling units with construction of Cobalt Drive and was approved by ACHD in May 2018 and is in various stages of development. o Ten Mile Creek Subdivision No. 4, ACHD SUBP18-0110, is directly north of the site and includes construction of Wayfinder Avenue, with the bridge, to Fairview Avenue and signal construction and is in various stages of construction. The subdivision Plat has not been finalized for this portion of the site yet. 5. Transit: Transit services are not available to serve this site. 6. Pathway Crossings: The applicant is proposing to continue the 10-foot wide Ten Mile Creek regional pathway to the east along the northern property boundary. Policy: 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 Lane Miles: The proposed development includes 0.14 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. 9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): 3 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 • Franklin Road is listed in the CIP to be widened to 5-lanes from Black Cat Road to Ten Mile Road by 2020. • The intersection of Linder Road and Franklin Road is listed in the CIP to be widened to 6- lanes on the north leg, 6-lanes on the south, 7-lanes east, and 7-lanes on the west leg, and reconstructed between 2021 and 2025. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 1,278 additional vehicle trips per day; 103 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 five-lane principal arterial is “E” (1,780 VPH). * Acceptable level of service for a seven-lane principal arterial is “E” (2,720 VPH). * Acceptable level of service for a three-lane collector is “D” (530 VPH). **This is a 7-day count for Ten Mile Road south of Franklin Road. *** ACHD does not have traffic counts for this street. 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 Franklin Road east of Ten Mile Road was 14,211 on 12/19/18. • The 7-day traffic count for Ten Mile Road south of Franklin Road was 35,101 on 09/14/17. • The average daily traffic count for Ten Mile Road north of Franklin Road was 27,049 on 09/28/17. C. Findings for Consideration 1. Ten Mile Interchange Specific Area Plan (TMISAP) The transportation element of the TMISAP is to guide transportation decisions in the Ten Mile Interchange Area. It was developed concurrently with the Land Use and Design Elements and has been designed to preserve the integrity of the arterial road system and the proposed Ten Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Franklin Road 0-feet Principal Arterial 947 Better than “E” Ten Mile Road 0-feet Principal Arterial 1,786** Better than “E” Ten Mile Road “ “ “ “ 1,474 Better than “E” Wayfinder Avenue 530-feet Collector N/A*** NA Cobalt Drive (existing) 0-feet Collector N/A*** NA 4 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 Mile interchange; provide for the use of public transit; enhance pedestrian and bicycle mobility and accessibility; and create transportation infrastructure and promote land use patterns that encourage the sustainable use of resources and reduces demands on natural resources. The TMISAP recommends the construction of a north/south collector directly west of the property site, a 10-foot west/east pathway adjacent to Ten Mile Creek at the northern property boundary and a roundabout at the collector/collector intersection. (As indicated by the red ovals on the picture below). The roundabout and Collector street are already constructed on the site and the applicant is proposing to extend the pathway at the northern boundary adjacent to Ten Mile Creek. The applicant’s proposal is consistent with the intent of the TMISAP. 2. Wayfinder Avenue – Collector Street a. Existing Conditions: Wayfinder Avenue is improved with 2-travel lanes, 1-center turn lane, a landscape median near the roundabout, bike lanes, vertical curb, gutter, and 5-foot wide detached sidewalk abutting the site. The street section is 46-feet with 78-feet of right-of-way for Wayfinder Avenue. A signal will be constructed at Franklin Road. ACHD approved the street design as proposed in February 2014. 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. Cobalt Drive/Collector Street 5 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 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. Sidewalk Policy: District policy 7206.5.6 requires 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- 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. 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, collector street requirements, and specific roadway features required through development. This segment of Wayfinder Avenue is designated in the MSM as a Town Center Collector with 3-lanes and on-street bike lanes, a 66-foot street section within 88-feet of right-of-way. 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. c. Applicant Proposal: Wayfinder Avenue is already improved, and the applicant is not proposing any additional improvements to Wayfinder Avenue. d. Staff Comments/Recommendations: The design for Wayfinder Avenue was approved by ACHD in February 2014 and is fully improved for the proposed development at this time. 6 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 Therefore, staff recommends no additional roadway improvements or right-of-way dedication on Wayfinder Avenue be required as part of this application. 3. Cobalt Drive – New Collector Street a. Existing Conditions: Cobalt Drive adjacent to the site’s southern boundary does not exist. The existing portion of Cobalt Drive extends from Ten Mile Road and stubbing to the west of the site. 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. Sidewalk Policy: District policy 7206.5.6 requires 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- 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. 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. 7 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 • 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. 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 Town Center Collector. The new collector roadway should align with Cobalt Drive on the west side of Wayfinder Avenue and continue adjacent to the property, stubbing to the east. The Town Center Collector typology as depicted in the Livable Street Design Guide recommends a 3-lane roadway with bike lanes, and on street parking, a 60-foot street section within 88-feet of right-of-way. c. Applicant Proposal: The applicant is proposing to construct the east leg of the roundabout and construct Cobalt Drive to the eastern edge of the property. The new street includes 2 lanes, bike lanes, center turn lane, vertical curb, gutter, 5 to 8-foot parkway strip, and 5-foot detached sidewalk with a landscaped median near the roundabout. The street section is 47-feet with 73.5- feet of right-of-way. The street will stub at the eastern property boundary. Staff Comments/Recommendations: The applicant’s proposal does not meet District policy on one side of the street section that requires a 6-foot parkway strip between back-of-curb and back-of-sidewalk. However, Staff recommends a modification of policy to allow the 5-foot parkway strip as this design was approved for the existing Cobalt Drive and Wayfinder Avenue. The design is consistent with the TMISAP and the Town Center Collector street typology in the MSM and should be approved as proposed. For the proposed medians near the roundabout, vertical curbs are required around the perimeter of any raised median. Gutters shall slope away from the curb to prevent ponding. The Developer or Homeowners Association shall apply for a license agreement if landscaping is to be placed within the 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. The extension of Cobalt Drive east to the property boundary will require coordination with property owner to the south (Treasure Valley Investments, LLC). The applicant has designed Cobalt Road from the existing roundabout to the proposed stub at the eastern property boundary. If the right-of-way can be acquired from the property owner to the south (Treasure Valley Investments, LLC) and a cost share agreement between the two parties can be reached, 8 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 the roadway should be constructed as part of this project. If right-of-way and cost share agreement for the construction of the roadway cannot be acquired at this time, then the applicant should be required to provide a road trust deposit for the construction of half of the road minus half of the design cost. Cobalt Drive would then be constructed when the parcel to the south develops. 4. Cost Share Agreements As noted in Finding 3, the construction of Cobalt Road will require cooperation between the applicant and the property owner to the south. The applicant reports they have had discussions with the property owner to the south and they have both agreed on the alignment presented. Each property, when it develops should be required to enter into a Development Agreement to provide for the design and construction of the road and the apportionment of costs. The TM Creek applicant should be required to design the roadway and provide a deposit for half the costs of construction minus the design costs. When the property to the south develops, that applicant will be required to construct the road paying the balance of construction costs and be reimbursed for the applicant’s proportionate share from the deposit. The Development Agreements will provide for any differences in the estimated costs versus the actual costs. If the property owner to the south will work with the TM Creek applicant and dedicate the right -of-way with this development, the applicant should then be required to build the road at this time and be reimbursed in the future from the property owner to the south when they develop. This will require both parties entering into the Development Agreements at this time to provide for the apportionment of costs and future reimbursement. 5. Cobalt Drive - Stub Street a. Existing Conditions: The east leg of the roundabout (Cobalt Drive) currently stubs to the eastern property line. There are no stub streets constructed on the property. b. Policy: Stub Street Policy: District policy 7206.2.4 (collector) 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 7206.2.5.4 (collector), 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 IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED 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 7206.2.4 (collector) 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. 9 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 c. Applicant Proposal: The applicant is proposing to continue the east leg of the roundabout and construct Cobalt Drive to the eastern edge of the property. A driveway is proposed that is less than 150-feet from the proposed stub of Cobalt Drive and will allow for vehicles to turnaround. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. A sign shall be installed at the terminus of the stub street stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 6. Driveways 5.1 Cobalt Drive and Wayfinder Avenue a. Existing Conditions: Cobalt Drive has not been constructed along the southern property boundary and therefore are no existing driveways at the southern property boundary. There is an existing drive taking access off Wayfinder Avenue at the northwest corner of the site, 850- feet south of Franklin Road. This was approved by ACHD in February 2014. b. 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 (Signalized Intersection): District policy 7206.4.3 requires driveways located on collector roadways near a signalized intersection or roundabouts 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. 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. 10 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 c. Applicant’s Proposal: The applicant is proposing two driveways that will take access off Cobalt Drive, 463 feet and 808 feet east of the roundabout. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved as proposed. 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. 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. 7. 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. 8. 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. D. Site Specific Conditions of Approval 1. Cobalt Drive a. Construct the east leg of the roundabout and construct Cobalt Drive to the eastern edge of the property. The new street includes 2 lanes, bike lanes, center turn lane, vertical curb, gutter, 5 to 8-foot parkway strip, and 5-foot detached sidewalk with a landscaped median near the roundabout. The street section is 47-feet with 73.5-feet of right-of-way. The street will stub at the eastern property boundary. b. A sign shall be installed at the terminus of the stub street stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” c. For the proposed medians near the roundabout, vertical curbs are required around the perimeter of any raised median. Gutters shall slope away from the curb to prevent ponding. The Developer or Homeowners Association shall apply for a license agreement if landscaping is to be placed within the 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. d. If the right-of-way can be acquired from the property owner to the south and a cost share agreement between the two parties can be reached, the roadway shall be constructed as a part of this project. 11 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 e. If right-of-way and cost share agreement for the construction of the roadway cannot be acquired at this time, then the applicant shall be required to provide a road trust deposit for the construction of half of the road minus half of the design cost. 2. Driveways: Construct two full access driveways off Cobalt Drive, 463 feet and 808 feet east of the roundabout, as proposed. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7206.4.6. 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. 3. Regional Pathway: Construct a 10-foot wide east-west concrete pathway on the northern property boundary in order to continue the regional Ten Mile Creek pedestrian pathway from the west. The width of curb ramps, runs and blended transitions shall be equal to the width of the shared use path. 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. 4. 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. 5. 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. 6. Payment of impact fees is due prior to issuance of a building permit. 7. 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. 12 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 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 13 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 VICINITY MAP  14 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 Development Services Department SITE PLAN  15 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 Development Services Department 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. 16 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 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. 17 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 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 char ged 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. 18 Ten Mile Creek East Apartments Phase 2/ MER19-0069/ H-2019-0089 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.