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HomeMy WebLinkAbout2020-06-02 ACHD MPP19-0022 Annex and Rezone Development Services Department CHD &111v�'�vt/�ii Piw to ,]'e/L ciei Project/File: Cedarbrook/ MPP19-0022/ H-2020-0012 This is an annexation and rezone application to allow for future development of a 119- acre parcel. The site is located at the northwest corner of Linder Road and Amity Road. Lead Agency: City of Meridian - �,r Site address: 4185 S. Linder Road P Commission Approval: May 20, 2020 + Applicant: Toll Southwest LLC 3103 W. Sheryy Drive, Ste 100 Meridian, ID 83642 Y Representative: Sabrina Durtschi v �03�-L_. N An,ity�tsl Toll Brothers 3103 W Sheryl Drive Meridian, ID 83642 Staff Contact: Dawn Battles Phone: 387-6218 E-mail: dbattles(a)_achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of annexation and rezone application to rezone 119 acres from RUT (Rural-Urban Transition) to residential zones R-2 (10 acres), R-4 (65 acres) and R-8 (44 acres) to allow for the future development of the site as a residential subdivision. A concept plan and traffic impact study have been provided for this application. The applicant's proposal is consistent with the City of Meridian's Comprehensive plan which calls for medium-density residential uses for this site. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Rural-Urban Transition RUT South Rural-Urban Transition RUT East Rural-Urban Transition/Estate Residential RUT/R1 West Rural-Urban Transition RUT 3. Site History: ACHD has not previously reviewed this site for a development application. 1 Cedarbrook/ MPP19-0022/ H-2020-0012 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • Brundage Estates, a 366 single family lot subdivision located northeast of the site was approved by ACHD in May 2016. • Stapleton a 212 single family lot subdivision located east of the site was approved by ACHD in February 2019. • Graycliff Estates, a 200 single family lots and 2 multi-family lots for the development of 224 units located east of the site was approved by ACHD in March 2020. 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: The proposed development includes 3.78 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. The impact fee assessment will not be released until the civil plans are approved by ACHD. 8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • The intersection of Amity Road and Ten Mile Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout with 2-lanes on the north leg, 2-lanes on the south, 2-lanes east, and 2-lanes on the west leg and will include Ten Mile Bridge #1182 in 2021. • Linder Road is listed in the CIP to be widened to 3-lanes from Amity Road to Victory Road between 2031 and 2035. • Linder Road is listed in the CIP to be widened to 5-lanes from Victory Road to Overland Road between 2021 and 2025. • The intersection of Amity Road and Linder Road is listed in the CIP to be reconstructed as a single-lane roundabout with a westbound right-turn bypass lane with 3-lanes on the north leg, 2-lanes on the south, 3-lanes on the east, and 2-lanes on the west leg between 2031 and 2035. • The intersection of Victory Road and Linder Road is listed in the CIP to be reconstructed as a single-lane roundabout with 2-lanes on the north leg, 2-lanes on the south, 2-lanes on the east and 2-lanes on the west leg between 2021 and 2025. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 3,334 vehicle trips per day; 344 additional vehicle trips per hour in the PM peak hour, based on the traffic impact study. 2. Traffic Impact Study Kittleson & Associates prepared a traffic impact study for the proposed Cedarbrook Subdivision (formerly known as B & L Tree Top Subdivision). Below is an executive summary of the findings as presented by Kittleson &Associates and can be found as Attachment 6. ACHD has reviewed the submitted traffic impact study for consistency with ACHD policies and practices and may have additional requirements beyond what is noted in the summary. ACHD Staff comments on the submitted traffic impact study can be found below under staff comments. A turn-lane analysis was conducted for the access point to intersect Linder Road. A southbound right-turn lane on Linder Road was warranted. Alternative Mitigation Measures Policy 2 Cedarbrook/ MPP19-0022/ H-2020-0012 a. Policy Mitigation Proposals: Mitigation recommendations shall be provided within the report. At a minimum, for each roadway segment and intersection that does not meet the minimum acceptable level of service planning threshold or v/c ratio, the report must discuss feasible measures to avoid or reduce the impact to the system. To be considered adequate, measures should be specific and feasible. Mitigation may also include: • Revision to the Phasing Plan to coincide with the District's planning Capital Projects. • Reducing the scope and/or scale of the project. Alternative Mitigation Measures: 7106.7.3 states that if traditional mitigation measures such as roadway widening and intersection improvements are infeasible as determined by ACHD, the TIS may recommend alternative mitigation measures. Alternative mitigation measures shall demonstrate that impacts from the project will be offset. • If the impacted roadway segments and/or intersections are programmed as funded in the Integrated Five Year Work Plan (IFYWP) or the Capital Improvements Plan (CIP); no alternative mitigation is required. • If the impacted roadway segments and/or intersections are not programmed in either the IFYWP or the CIP; the applicant may (i) analyze the shoulder hour and (ii) provide a safety analysis to determine alternative mitigation requirements. o If the impacted roadway segments and intersections meet the minimum acceptable level of service planning thresholds in the shoulder hour the applicant may suggest feasible alternative mitigation such as: sidewalks, bike facilities, connectivity, safety improvements, etc. within 1.5 miles of the proposed development. o If the shoulder hour planning thresholds are exceeded the applicant may request to enter into a Development Agreement and pay into the Priority Corridor Fund an amount determined by the ACHD to offset impacts from the project. • Alternative Mitigation may also include: o Revision to the Phasing Plan to coincide with the District's future Capital Projects. o Reducing the scope and/or scale of the project. Level of Service Planning Thresholds: District Policy 7205.3.1 states that, Level of Service Planning Thresholds have been established for principal arterials and minor arterials within ACHD's Capital Improvement Plan and are also listed in section 7106. Unless otherwise required to provide a Traffic Impact Study under section 7106, a proposed development with site traffic less than 10% of the existing downstream roadway or intersection peak hour traffic shall not be required to provide mitigation for a roadway or intersection that currently exceeds the minimum acceptable level of service planning threshold or V/C ratio. Staff Comments/Recommendations: Staff has reviewed the submitted traffic impact study (TIS) and generally agrees with the findings and recommendations. The TIS recommends the construction of a southbound right-turn lane at the two access points on Linder Road in approximately year 2022 with the buildout of 156 housing units. However, the site plan has been modified since the review of the traffic impact study and only one access point, Cedarbrook Drive, is proposed to intersect Linder Road. Consistent with the recommendation of the TIS the applicant should be required to construct a southbound right-turn lane on Linder Road at the Linder Road/Cedarbrook Drive intersection. 3 Cedarbrook/ MPP19-0022/ H-2020-0012 All study area intersections and roadways are anticipated to operate at an acceptable level of service thresholds under existing, background, and total traffic conditions with the exception of the Linder Road/Victory Road intersection. The study notes that the northbound approach of the Linder Road/Victory Road intersection as anticipated to exceed the acceptable level of service planning threshold during the weekday PM peak hour under 2026 total traffic. The TIS noted that the site traffic percentage generated at this intersection will be 24% when the 28011 home is occupied. The TIS recommends to mitigate the specific impacts of this development by widening the northbound approach to the Linder Road/ Victory Road intersection to include a northbound left- turn/through lane and through/right-turn lane with two receiving lanes on the north approach will result in acceptable operation through the project build out year. However, the mitigation at this intersection is infeasible due to the right-of-way constraints. Furthermore, this intersection is listed in the CIP to be reconstructed as a single-lane roundabout and consistent with District policy for Alternative Mitigation Measures, which states, if an impacted roadway segment or intersection are programmed or funded in the IFYWP, or the CIP; no mitigation is required. Therefore, no improvements are required for this intersection as part of the development. 3. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Functional PM Peak Hour PM Peak Roadway Frontage Classification Traffic Count Hour Level of Service Linder Road 2,082-feet Minor Arterial 235 Better than "E" Amity Road 176-feet Minor Arterial 332 Better than "E" * Acceptable level of service for a two-lane minor arterial is "E" (575 VPH). 4. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for Linder Road south of Victory Road was 4,281 on August 27, 2019 as reported by the traffic study. • The average daily traffic count for Amity Road east of Ten Mile Road was 6,870 on August 29, 2018. C. Findings for Consideration This application is for annexation and rezone only. Listed below are some findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 1. 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 SMTP recommends that Linder Road and Amity Road be constructed as 5-lane minor arterial roadways. The SMTP also recommends the construction of a dual-lane roundabout at the Amity Road and Linder Road intersection. 2. Linder Road 4 Cedarbrook/ MPP19-0022/ H-2020-0012 a. Existing Conditions: Linder Road is improved with 2-travel lanes, 22-feet of pavement and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for Linder Road (25-feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96- feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be required (See Section 7205.5.5). ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Linder Road is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 72-foot street section within 96-feet of right-of-way. c. Applicant Proposal: The applicant's concept plan proposes the following: 5 Cedarbrook/ MPP19-0022/ H-2020-0012 Dedication of additional right-of-way to total 48-feet from centerline of Linder Road and to improve Linder Road with a borrow ditch, an 8-foot wide planter strip and 5-foot wide detached concrete sidewalk. The applicant's concept plan proposes to construct 2 emergency access only driveways onto Linder Road located 650-feet and 1,933-feet north of Amity Road. d. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the conditions listed below: Dedicate additional right-of-way to total 48-feet from centerline of Linder Road. The additional dedicated right-of-way is impact fee eligible for compensation. Improve Linder Road with 17-feet of pavement from centerline, a 3-foot gravel shoulder and 5- foot wide detached concrete sidewalk abutting the site. Locate the sidewalk a minimum of 41-feet from centerline of Linder Road. Provide a permanent right-of-way easement for any sidewalk placed outside of the dedicated right-of-way to 2-feet behind back of sidewalk. Construct 2 emergency access only driveways onto Linder Road, located 650-feet and 1,933- feet north of Amity Road meets District policy and should be approved as proposed. The emergency access only driveways should be restricted with a gate or bollards, located outside of the right-of-way, as determined by the appropriate fire department. The traffic impact study recommends the construction of a dedicated southbound right-turn lane on Linder Road at Cedarbrook Drive, the entrance to the site. Consistent with the finding and recommendation of the traffic impact study, staff recommends the construction of the turn lane when Cedarbrook Drive is constructed to intersect Linder Road. 3. Amity Road a. Existing Conditions: Amity Road is improved with 2-travel lanes, 26-feet of pavement and no curb, gutter or sidewalk abutting the site. There is 74-feet of right-of-way for Amity Road (25- feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96- feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. 6 Cedarbrook/ MPP19-0022/ H-2020-0012 No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be required (See Section 7205.5.5). 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 Amity Road is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 72-foot street section within 96-feet of right-of-way. c. Applicant Proposal: The applicant's concept plan does not propose any improvements to Amity Road abutting the site. d. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the conditions listed below: See Finding #4 below regarding right-of-way dedication on Amity Road abutting the site. Improve Amity Road with 17-feet of pavement from centerline, a 3-foot gravel shoulder and 5- foot wide concrete sidewalk abutting the site. Construct the 5-foot wide concrete sidewalk located a minimum of 41-feet from centerline of Amity Road. Provide a permanent right-of-way easement for any sidewalk placed outside of the dedicated right-of-way to 2-feet behind back of sidewalk. 4. Amity Road/Linder Road Intersection a. Policy: ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, roundabout requirement, and specific roadway features required through development. A new roundabout was identified on the MSM. A dual-lane roundabout is planned at the Amity Road/Linder Road intersection. b. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the condition listed below: 7 Cedarbrook/ MPP19-0022/ H-2020-0012 Dedicate additional right-of-way to match the image depicted below to accommodate for the future construction of the dual-lane roundabout at the intersection of Amity Road and Linder Road. Compensation will be provided, as the intersection is listed in ACHD's CIP. 11 i 1 II ti � ► 1 1 ► es.00' iss.00' WEST � I 00' 1100' 1 �Y 38.59' Moo II 4 II 5. North-South (Mid-Mile Collector) a. Existing Conditions: There are no collector roadways within 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. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. A new collector roadway was identified on the MSM with the street typology of Residential Collector. The new collector roadway identified on the MSM abuts the sites west property line and extends north as depicted in the image below. The Residential Collector typology as depicted in the Livable Street Design Guide recommends a 2- lane roadway with bike lanes, a 36-foot street section within 54-feet of right-of-way. c. Applicant Proposal: The applicant's concept plan does not propose the construction of the north-south collector abutting the site's west property line. d. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the conditions listed below: 8 Cedarbrook/ MPP19-0022/ H-2020-0012 After coordinating with the City of Meridian and the applicant, staff had originally recommended removing the collector roadway abutting the site's west property line from the MSM. This recommendation was based on discussions with the City of Meridian, as the City's Comprehensive Plan calls for low density residential development south of the site, not warranting the need for a collector roadway in this location and the parcel configurations south of the site would make the construction of a collector roadway difficult. However, during the May 20' Commission meeting the Commission required the construction of a north/south collector roadway though the site as part of a future development application. The Commission noted connectivity and concerns with local street thresholds as reasons for their decision. 6. Cedarbrook Drive/Brook Land Avenue/Harris Street a. Existing Conditions: There are no collector roadways within 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. 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 sidewalk 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. 9 Cedarbrook/ MPP19-0022/ H-2020-0012 ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. A new collector roadway was identified on the MSM with the street typology of Residential Collector. The new collector roadway should align with Harris Street on the east side of Amity Road and continue through the property stubbing to the west. The Residential Collector typology as depicted in the Livable Street Design Guide recommends a 2-lane roadway with bike lanes, a 36-foot street section within 54-feet of right- of-way. c. Applicant Proposal: The applicant's concept plan is proposing the following: The construction of a continuous collector roadway from Linder Road through the site to the northwest property line. The collector street starts out as Cedarbrook Drive then curves north to become Brook Land Avenue and then turns west to become Harris Street as depicted in the image below. R>, Cedarbrook Drive Brook Land Avenue Harris Street ■ ■ ■ ■ m . ■ ■ ■•■ ■ a '� ' sa■ 7M omwm ' K o n>ax m ■ NE m m m m • \,— ■m m m I m 1 ,wl ■ ■ ■ I ■ ■ ! m m A , j�R m ■ ■ m ■ I m m • m • « ■ ■ ■ m ■•■■ ` • m m m m ?ey ■ ■ ■ « ■ m I ■ m m P s kOW ® m m q ■ ■ ■ m RE m m ■ « m ■ ■ ■ \gip, ■ m PHASE 6 W.Po6Y VL&m ■ I ■ \ m`` • ■ ■ • ` • m ■■■■■■■■■■■O m m m m m m Q ■ m m ■\ • ■ ■ a ■ m ■■■s ` i ■ m ` ■ w.OR cl 1..ET■A S[ m • I i ■ ba I ■ m m• m �' ■ ■ ■ ® ■ ■ �I l I v I ( ■ •d� ® y� m PHASE I m ■ .l} i r�1 ■� �# m m ■ I ■ ■ ■ appKy I m ■ � m m m ■ y m ■ I ualer k 51(.R RA1�u ■ 1 ■ N ■ NM S ROIX RIMpI WeE I � Roiarw,O■.1■R] I \� m Il MAIMS 51 m ■ I • ■ ! ■._can_van sr - � xxw aa:'��:piu�`�Ror�ow � Y m ,y ■ o --__ _ W.udrrr RW(NOW) Construct the entry portion of Cedarbrook Drive, a new east-west collector roadway, with two 21-foot wide travel lanes, a 12-foot wide center landscape island , vertical curb, gutter, an 8- foot wide planter strip and 5-foot wide concrete sidewalk on the north side of the roadway and 10-foot wide concrete sidewalk on the south side of the roadway within 89-feet of right-of-way. 10 Cedarbrook/ MPP19-0022/ H-2020-0012 Construct the remaining portion of Cedarbrook Drive, Brook Land Avenue and Harris Street as a 36-foot wide collector street section with vertical curb, gutter an 8-foot wide planter strip and 5-foot wide concrete sidewalk within 64-feet of right-of-way. d. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the conditions listed below: Construct the entry portion of Cedarbrook Drive with 21-foot wide travel lanes, a 12-foot wide center landscape island, vertical curb, gutter, an 8-foot wide planter strip and 5-foot wide concrete sidewalk on the north side of the roadway and 10-foot wide concrete sidewalk on the south side of the roadway within 89-feet of right-of-way. The applicant may reduce the right-of- way width to 2-feet behind the back of curb and provide a permanent right-of-way easement for the detached sidewalks. The 12-foot wide center landscape island should be platted as right-of-way owned by ACHD. The applicant or homeowner's association should enter into a license agreement for any landscaping proposed within the island. Construct the remaining portion of Cedarbrook Drive which curves north and becomes Brook Land Avenue as a 36-foot wide collector street section with vertical curb, gutter an 8-foot wide planter strip and 5-foot wide concrete sidewalk within 64-feet of right-of-way. The applicant may reduce the right-of-way width to 2-feet behind the back of curb and provide a permanent right- of-way easement for the sidewalks proposed to be located outside of the right-of-way. During the May 20th Commission meeting the Commission required the construction of an east/west collector street as part of a future development application. The City, ACHD and the applicant should explore the most equitable options given the location of the homes constructed on adjacent parcels west of the site. 7. Internal Local Streets a. Existing Conditions: There are no local streets within the site. b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way widths for all local streets shall generally not be less than 47-feet wide and that the standard street section shall be 33-feet (back-of-curb to back-of-curb). Standard Urban Local Street-33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that the standard street section shall be 33-feet (back-of-curb to back-of- curb)for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 47-feet of right-of-way. For the City of Kuna and City of Star: Unless otherwise approved by Kuna or Star, the standard street section shall be 36-feet (back-of-curb to back-of-curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 50-feet of right-of-way. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. 11 Cedarbrook/ MPP19-0022/ H-2020-0012 The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District's Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the emergency service providers may require a greater radius. Landscape and parking islands may be constructed in turnarounds if a minimum 29-foot street section is constructed around the island. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. The developer shall provide written approval from the appropriate fire department for this design element. The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the agency providing emergency fire service for the area where the development is located. 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's Proposal: The applicant's concept plan is proposing the following: Construct the local internal streets as 33-foot street sections with rolled curb, gutter and a 7- foot wide planter strip within 47-feet of right-of-way and 5-foot wide detached concrete sidewalk located outside of the right-of-way. Construction of a cul-de-sac at the terminus of Lyra Street, Unmol Avenue, Desert Moon Court, Green Gables Court, and Ridgebrook Place. Construct knuckles at the following intersections: 12 Cedarbrook/ MPP19-0022/ H-2020-0012 • Kinney Avenue and Gold Sand Street • Silverberry Street and June Avenue • Blue Opal Avenue and June Avenue • Sun Creek Avenue and Desert Moon Street d. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the conditions listed below: Construct all local internal streets as 33-foot street sections with rolled curb, gutter and a 7-foot wide planter strip located within 47-feet of right-of-way and 5-foot wide detached concrete sidewalk located outside of the right-of-way. The applicant should be required to provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right- of-way. If street trees are desired, then an 8-foot wide planter strip should be provided. Construct the cul-de-sac at the terminus of Lyra Street, Unmol Avenue, Desert Moon Court, Green Gables Court and Ridgebrook Place with a minimum 45-foot radius. Construct knuckles at the following intersections: • Kinney Avenue and Gold Sand Street • Silverberry Street and June Avenue • Blue Opal Avenue and June Avenue • Sun Creek Avenue and Desert Moon Street 8. Roadway Offsets a. Existing Conditions: There are no roadways within the site. b. Policy: Collector Offset Policy: District policy 7205.4.2 states that the optimum spacing for new signalized collector roadways intersecting minor arterials is one half-mile. District policy 7206.4.5, states that the preferred spacing for a new local street intersecting a collector roadway to align or offset a minimum of 330-feet from any other street (measured centerline to centerline). Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a minimum offset of 125-feet from any other street (measured centerline to centerline). c. Applicant's Proposal: The applicant's concept plan is proposing the following: Construct one new collector roadway, Cedarbrook Drive, to intersect Linder Road located 1,330-feet north of Amity Road. Construct 4 new local streets to intersect the proposed collector street, Cedarbrook Drive and Brook Land Avenue at the following locations: • Kinsey Avenue, located 547-feet west of Linder Road • Ivory Sage Way, located 758-feet west of Kinsey Avenue • June Avenue, located 925-feet west of Ivory Sage Way • Twin View Street, located 507-feet northwest of June Avenue Construct all other local internal streets to align or offset by a minimum of 125-feet. 13 Cedarbrook/ MPP19-0022/ H-2020-0012 d. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the conditions listed below: The Master Street Map (MSM) identifies the new east-west collector to be located at the site's north property line. Therefore, the applicant's proposal to construct the east/west collector roadway, Cedarbrook Drive, located approximately 1,330-feet north of Amity Road instead of at the north property line does not meet District MSM or District Offset policy which requires an offset of one half-mile. Staff recommends a modification of policy to allow the street to be located as proposed because the parcels located at the mid-mile are smaller in size and it would not be feasible to be constructed in that location and it is needed to serve the site. This is a 50% modification to the dimensional standards and is approved at the discretion of the Deputy Director of Development and Technical Services. Construct 4 new local streets to intersect the proposed collector street, Cedarbrook Drive and Brook Land Avenue at the following locations meets District policy and should be approved, as proposed: • Kinsey Avenue, located 547-feet west of Linder Road • Ivory Sage Way, located 758-feet west of Kinsey Avenue • June Avenue, located 925-feet west of Ivory Sage Way • Twin View Street, located 507-feet northwest of June Avenue Construct all other local internal streets to align or offset by a minimum of 125-feet meets District policy and should be approved, as proposed. 9. Stub Streets a. Existing Conditions: There are no existing stub streets to or from the site. b. Policy: Stub Street Policy: District policy 7206.2.4.3 (collector) and 7207.2.4.3 (local) 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 7206.2.4 (collector) and 7207.2.4 (local), except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." or "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 7206.2.4.4 (collector) and 7207.2.4.4 (local) 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. 14 Cedarbrook/ MPP19-0022/ H-2020-0012 c. Applicant Proposal: The applicant's concept plan is proposing the following: Construct 4 stub streets, two stub streets to the north, one stub street to the south and one stub street to the west. • Brook Land Avenue, to the north, located 373-feet east of the west property line. • Green Gables Court, to the north, located 300-feet west of the northeast property line. • Ivory Sage Way, to the south, located 1,680-feet west of the east property line. • Harris Street, to the west, located at the northwest property line. d. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the conditions listed below: Construct 4 stub streets, two stub streets to the north and one stub street to the south and one stub street to the west. Construct Harris Street, to stub to the west located at the northwest property line as stated in Finding 7d above. Construct a temporary cul-de-sac turnaround at the terminus of Brook Land Avenue, as it extends greater than 150-feet. The temporary turnaround should be paved and constructed to the same dimensional standards as a standard cul-de-sac turnaround. If the turnaround 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. Install a sign at the terminus of Brook Land Avenue and Harris Street that states, "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENED." Install a sign as the terminus of Green Gables Court and Ivory Sage Way that states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 10. Traffic Calming a. Speed Control and Traffic Calming Policy: District policy 7206.3.8 states that collector streets should be designed to discourage speeds above 35 MPH and in a residential area, collector streets should be designed to discourage speeds above 30 MPH. The design of collector street systems should discourage excessive speeds by using passive design elements. If the design or layout of a development is anticipated to necessitate future traffic calming implementation by the District, then the District will require changes to the layout and/or the addition of passive design elements such as horizontal curves, bulb-outs, chokers, etc. The District will also consider texture changes to the roadway surface (i.e. stamped concrete) as a passive design element. These alternative methods may require a maintenance and/or license agreement. Speed Control and Traffic Calming Policy: District policy 7207.3.7 states that the design of local street systems should discourage excessive speeds by using passive design elements. If the design or layout of a development is anticipated to necessitate future traffic calming implementation by the District, then the District will require changes to the layout and/or the addition of passive design elements such as horizontal curves, bulb-outs, chokers, etc. The District will also consider texture changes to the roadway surface (i.e. stamped concrete) as a passive design element. These alternative methods may require maintenance and/or license agreement. b. Applicant's Proposal: The applicant's concept plan is proposing the following: Construct Unmol Avenue, Kinsky Avenue, Blue Opal Avenue, Silverberry Street, Ruby Valley Drive and Little Pond Avenue to be greater than 750-feet in length. 15 Cedarbrook/ MPP19-0022/ H-2020-0012 c. Staff Comments/Recommendations: As part of a future development application, the applicant should be required to comply with the conditions listed below: Redesign, Unmol Avenue, Kinsky Avenue, Blue Opal Avenue, Silverberry Street, Ruby Drive and Little Pond Avenue to be less than 750-feet in length or provide traffic calming including the use of passive design elements approved by ACHD Traffic Services. The Commission required traffic calming to Cedarbrook Drive, including the use of passive design elements approved by ACHD traffic Services, as part of a future development application. Stop signs, speed humps/bumps and valley gutters will not be accepted as traffic calming. 11. 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. 12. 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. 13. Other Access Amity Road is classified as a minor arterial roadway and direct lot access is prohibited to this roadway and should be noted on the final plat. Linder Road is classified as a minor arterial roadway. Cedarbrook Drive and Brook Land Avenue are classified as collector roadways. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and should be noted on the final plat. D. Site Specific Conditions of Approval This application is for an annexation and rezone only. Site specific conditions of approval will be established as part of the future development application. 1. Payment of impact fees is due prior to issuance of a building permit. 2. 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. 16 Cedarbrook/ MPP19-0022/ H-2020-0012 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled)are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 6. Traffic Study Executive Summary 7. Compass Checklist 17 Cedarbrook/ MPP19-0022/ H-2020-0012 VICINITY MAP 4 '; my 5{ • r - Lp �= J rC 4 ' . S J 18 Cedarbrook/ MPP19-0022/ H-2020-0012 •�R i ry �*.��T• + f 'fir• ' "t. i .4.� � ,_ SITE PLAN �■ .wIX CEDARBROOK N 4 4 �w ti 19 • 19-0022/ 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. 20 Cedarbrook/ MPP19-0022/ H-2020-0012 Development Process Checklist Items Completed to Date: ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ❑Send a"No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ❑Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ®Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Items to be completed by Applicant: ❑For ALL development applications, including those receiving a "No Review" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD,then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services(ACHD)for ANY work in the right-of-way, including, but not limited to,driveway approaches, street improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non-Subdivisions) ❑ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application"to ACHD Construction—Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ❑ Sediment&Erosion Submittal • At least one week prior to setting up a Pre-Construction Meeting an Erosion &Sediment Control Narrative&Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ❑ Final Approval from Development Services is required prior to scheduling a Pre-Con. 21 Cedarbrook/ MPP19-0022/ H-2020-0012 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. 22 Cedarbrook/ MPP19-0022/ H-2020-0012