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HomeMy WebLinkAboutPZ - ACHD Draft Comments   1 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 Development Services Department Project/File: Southridge Apartments / MER17-0046 / H-2017-0077 The applicant is requesting approval of a conditional use permit to construct the Southridge Apartments. The application consists of 476 multi-family units on 27.7 acres, located south of Overland Road between Linder Road and Ten Mile Road in Meridian, Idaho. Lead Agency: City of Meridian Site address: s/o Overland Road between Linder Road and Ten Mile Road Commission Hearing: XXXX, 2017 Commission Approval: Staff Approval: XXXX, 2017 Applicant: Southridge Farm, LLC 6152 W. Half Moon Ln. Eagle, ID 83616 Representative: Tamara Thompson The Land Group, Inc. 462 E. Shore Dr. Ste. 100 Eagle, ID 83616 Staff Contact: Austin Miller Phone: 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a conditional use permit to construct Southridge Apartments. The application consists of 476 multi-family units on 27.7 acres, located south of Overland Road between Linder Road and Ten Mile Road. The site is currently zoned R-15, and the proposal is consistent with the City of Meridian’s comprehensive plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Rural to Urban Transition RUT South Medium High-Density Residential District & Traditional Neighborhood Residential R-15 & TN-R East Medium-Density Residential District R-8 West Rural to Urban Transition RUT 2 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 3. Site History: ACHD previously reviewed this site as part of the Southridge Subdivision Master Plan in 2007. 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:  Fall Creek Subdivision, a 296-lot residential subdivision, is located on Linder Road just south of Overland Road and was approved by ACHD in 2013. The subdivision is in various stages of development.  South Ridge Subdivision, a mixed-use subdivision consisting of 206-residential lots. 11- commercial lots and an elementary school, is located at the southwest corner of Overland Road and Linder Road. The subdivision was approved by ACHD in 2007 and is in various stages of development.  South Ridge Estates, a 169-residential lot subdivision is located adjacent to the site to the southeast. The subdivision was approved by ACHD in 2015 and is in various stages of development. 5. Transit: Transit services are available to service this site. A Valley Ride park and ride lot is located at the intersection of Ten Mile Road and Overland Road. 6. New Center Lane Miles: The proposed development includes 0.14 centerline miles of new public road. 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):  Linder Road is listed in the CIP to be widened to 5-lanes from Victory Road to overland Road between 2021 and 2025.  Linder Road is listed in the CIP to be widened to 5-lanes from Overland Road to Franklin Road between 2031 and 2035.  Overland Road is listed in the CIP to be widened to 3-lanes from Overland Road to Victory Road between 2026 and 2030.  The intersection of Overland Road and Linder 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 between 2031 and 2035. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 3,137 vehicle trips per day; 196 vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 9th 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 Overland Road 2,120-feet Principal Arterial 778 Better than “E” Ten Mile Road None Principal Arterial 744 “F” 3 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 * Acceptable level of service for a two-lane minor arterial is “E” (575 VPH). * Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH). * Acceptable level of service for a two-lane principal arterial is “E” (690 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 Overland Road east of Ten Mile Road was 9,849 on October 22, 2014.  The average daily traffic count for Ten Mile Road south of Overland Road was 11,061 on May 1, 2014.  The average daily traffic count for Linder Road south of Overland Road was 1,900 on December 3, 2012. C. Findings for Consideration 1. South Meridian Transportation Plan The South Meridian Transportation Plan (SMTP) is a long range planning tool used to identify future roadway, intersection, and corridor needs in the South Meridian Area, providing a framework for future roadway improvements based on the land use designations. The plan was created in collaboration with the City of Meridian and was adopted by the ACHD Commission in September of 2009. The plan calls for the segment of Overland Road abutting this development to be constructed as a 5-lane arterial roadway within 96-feet of right-of-way. 2. Overland Road a. Existing Conditions: Overland Road is improved with 5-travel lanes, vertical curb, gutter, and no sidewalk abutting the site. There is 97-feet of right-of-way for Overland Road (49-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. Linder Road None Minor Arterial 109 Better than “E” 4 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 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. 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 Overland Road is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 71-foot street section within 97-feet of right-of-way. c. Applicant Proposal: The applicant is not proposing improvements to Overland Road. d. Staff Comments/Recommendations: No additional right of way or street improvements are required along the segment of Overland Road abutting the site. The applicant should be required to construct 7-foot wide attached concrete sidewalk abutting the site (or 5-foot wide detached). 3. Grand Fork Way a. Existing Conditions: No streets exist internal to the site. b. Policy: Stub Street Policy: District policy 7206.2.4 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 7206.2.5.4, 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 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. 5 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 Temporary Dead End Streets Policy: District policy 7206.2.4 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. 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. Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location and width of the sidewalk and the location and use of the roadway. The right -of-way width may be reduced, with District approval, if the sidewalk is located within an easement; in which case the District will require a minimum right-of-way width that extends 2-feet behind the back-of-curb on each side. The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. Residential Collector Policy: District policy 7206.5.2 states that the standard street section for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalks at least 5-feet wide to be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- 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. Collector Offset Policy: District policy 7205.4.2 states that the optimum spacing for new signalized collector roadways intersecting principal arterials is one half -mile. c. Applicant’s Proposal: The applicant has proposed to construct Grand Fork Way to intersect Overland Road located 1,310-feet west of Spanish Sun Way, connecting south to a previously approved stub street. The applicant has proposed to construct Grand Fork Way as ½ of a 36-foot street section abutting the site’s eastern property line. d. Staff Comments/Recommendations: The proposed location of Grand Fork Drive should be approved, as proposed, as the location of the roadway was previously approved as part of ACHD’s 2007 action on Southridge Subdivision. 6 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 The applicant’s proposal to construct Grand Fork Drive has half of a 36-foot street section should not be approved, as proposed. The applicant should be required to construct the first 300-feet of Grand Fork Way south of Overland Road as ½ of a 46-foot street section with vertical curb, gutter and 5-foot wide detached concrete sidewalk (or 7-foot attached). An additional 12-feet of pavement widening (to total 35-feet of pavement) beyond the centerline shall be provided, with the pavement crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. This additional pavement will provide for a designated left turning lane at the intersection with Overland Road. A left turn in this location will provide the shortest route to I-84, at the Ten Mile Interchange, and is necessary to accommodate the future signal at this intersection. South of the northern driveway, taper Grand Fork Way to ½ of a 36-foot street section with vertical curb, gutter and 5-foot wide detached concrete sidewalk (or 7-foot attached). An additional 12-feet of pavement widening (to total 30-feet of pavement) beyond the centerline shall be provided, with the pavement crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. Due to the existing curb return location in relation to the eastern property line, adequate right - of -way dedication may not be available to accommodate the full required improvements for Grand Fork Way. Pavement widths on Grand Fork Way can be modified to accommodate the existing curb line without infringing on the neighboring property. Where necessary, pavement widths should be maximized in the allotted right-of-way and should not be less than 24-feet. The applicant should be required to dedicate right-of-way to include the required improvements, and 2-feet behind the back edge of sidewalk. If detached sidewalk is constructed, the right-of-way should extend 2-feet past the back edge of curb, and a sidewalk easement should be provided. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. If Grand Fork Way is not constructed south of the site prior to construction of this project, the applicant should be required to construct a temporary turnaround at the terminus of Grand Fork Way. A sign shall be installed at the terminus of the stub street stating that, “THIS IS A 46 -fo o t s t r e e t s e c t i o n 36 -fo o t s t r e e t s e c t i o n 7 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” With this site, and surrounding development, a traffic signal will be warranted at the intersection of Overland Road and Grand Fork Way in the future. The applicant should be required to submit a road trust of $62,500 for the proportionate ¼ share of the traffic signal. 4. Driveways 4.1 Overland Road a. Existing Conditions: There is one existing 20-foot wide curb cut type driveway on Overland Road located immediately north of the Ridenbaugh Canal. This access is used solely for Ditch Rider access to the canal and is closed to public use. b. Policy Access Points 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. Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1b under District policy 7205.4.7, unless a waiver for the access point has been approved by the District Commission. Driveways, when approved on a principal arterial shall operate as a right-in/right-out only, and the District will require the construction of a raised median to restrict the left turning movements. c. Applicant’s Proposal: The applicant is not proposing to modify or use the existing driveway. d. Staff Comments/Recommendations: The applicant’s proposal does not meet District policy, as the driveway does not meet District driveway design criteria. However, the applicant’s proposal should be approved as proposed due to the driveway not serving the site. The driveway is used strictly for maintenance purposes of the Ridenbaugh Canal and not for public access into the site. 4.2 Grand Fork Way a. Existing Conditions: No streets exist internal to the site. b. Access Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Driveway Location Policy: District policy 7206.4.3 requires driveways located on collector roadways near a signalized intersection to be located outside the area of influence; OR a minimum of 440-feet from the signalized intersection for a full-access driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only driveway. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway 8 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 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 to a maximum width of 36-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. 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. c. Applicant’s Proposal: The applicant is proposing to construct 2 full access driveways onto Grand Fork Way. The driveways are proposed to be located, as follows:  One 50-foot wide driveway with two 18-foot wide travel lanes and a 14-foot wide landscape median located approximately 300-feet south of Overland Road (measured centerline-to-centerline.)  One 32-foot wide driveway, located approximately 628-feet from Overland 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 construct the driveways as curb return type driveways with 30-foot radii and to pave the driveways their full width at least 30-feet into the site beyond the edge of pavement of Grand Fork Way. 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 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. 7. Other Access Overland Road is classified as a principal arterial roadway and Grand Fork Way is classified as a collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways. D. Site Specific Conditions of Approval 1. Construct 7-foot wide attached concrete sidewalk on Overland Road abutting the site (or 5-foot wide detached). 2. Construct Grand Fork Way to intersect Overland Road 1,310-feet west of Spanish Sun Way, connecting south to a previously approved stub street. 9 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 3. Construct the first 300-feet of Grand Fork Way south of Overland Road as ½ of a 46-foot street section with vertical curb, gutter and 5-foot wide detached concrete sidewalk (or 7-foot attached). Provide an additional 12-feet of pavement widening (to total 35-feet of pavement) beyond the centerline, with the pavement crowned at the ultimate centerline. Construct a 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff on the unimproved side. Note: Due to the existing curb return location in relation to the eastern property line, adequate right-of-way dedication is not possible at points to accommodate the full required improvements for Grand Fork Way. Pavement widths on Grand Fork Way can be modified to accommodate the existing curb line without infringing on the neighboring property. Where necessary, pavement widths should be maximized in the allotted right-of-way and should not be less than 24-feet. 4. Taper Grand Fork Way south of the northern driveway to ½ of a 36-foot street section with vertical curb, gutter and 5-foot wide detached concrete sidewalk (or 7-foot attached). Provide an additional 12-feet of pavement widening (to total 30-feet of pavement) beyond the centerline, with the pavement crowned at the ultimate centerline. Construct a 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff on the unimproved side. 5. Dedicate right-of-way to include the required improvements, and 2-feet behind the back edge of sidewalk. If detached sidewalk is constructed, the right-of-way shall extend 2-feet past the back edge of curb, and a sidewalk easement shall be provided to encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 6. Construct a temporary turnaround at the terminus of Grand Fork Way, if Grand Fork Way is not constructed south of the site prior to construction of this project. Install a sign 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.” 7. Submit a road trust of $62,500 for the future traffic signal at the intersection of Overland Road and Grand Fork Way. 8. Retain the existing 20-foot wide curb cut type driveway on Overland Road located immediately north of the Ridenbaugh Canal for maintenance purposes. Access to the development is prohibited in this location. 9. Construct 2 full access driveways onto Grand Fork Way. The driveways are proposed to be located, as follows:  One 50-foot wide driveway with two 18-foot wide travel lanes and a 14-foot wide landscape median located approximately, 300-feet south of Overland Road (measured centerline-to-centerline.)  One 32-foot wide driveway, located approximately 628-feet from Overland Road (measured centerline-to-centerline). 10. Construct the driveways on Grand Fork Way as curb return type driveways with 30-foot radii and pave the driveways their full width at least 30-feet into the site beyond the edge of pavement of Grand Fork Way. 11. Overland Road is classified as a principal arterial roadway and Grand Fork Way is classified as a collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways. 12. Payment of impacts fees are due prior to issuance of a building permit. 13. Comply with all Standard Conditions of Approval. 10 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right -of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised d uring 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. 11 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 12 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 VICINITY MAP 13 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 SITE PLAN 14 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 15 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 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 C onstruction 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 u tility plans prior to Pre-Con being scheduled. Final Approval from Development Services is required prior to scheduling a Pre-Con. 16 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary and Clerk of the District, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 17 DRAFT Southridge Apartments / MER17-0046 / H-2017-0077 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.