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HomeMy WebLinkAbout2020-10-13 ACHD Development Services Department   Project/File: Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 This is a preliminary plat application to develop 94 single family lots, 92 townhome lots, 26 common lots and 3 common driveway lots on 24.54 acres and a development agreement modification with the City of Meridian to allow townhomes and single family homes within the preliminary plat. Lead Agency: City of Meridian Site address: Northeast corner of McMillan Road and McDermott Road Commission Vicinity Map Meeting: XXXX, 2020 Staff Approval: XXXX, 2020 Applicant: Shari Stiles Engineering Solution, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Representative: Becky McKay Same as above Staff Contact: Paige Bankhead, E.I. Phone: 387-6293 E-mail: pbankhead@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a preliminary plat application to develop 94 single family lots, 92 townhome lots, 26 common lots and 3 common driveway lots on 24.54 acres and a modification to the existing development agreement with the City of Meridian to allow townhomes and single family homes. This site is zoned as R-15, Medium High Density Residential. The City of Meridian’s Comprehensive Plan designates this area as Medium Density Residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium Low Density Residential R-4 South Medium Density Residential R-8 East Medium Low Density Residential R-4/R-8 West Rural Urban Transition (Ada County) RUT 1 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 3. Site History: ACHD previously reviewed this site as part of The Oaks Subdivision/MPP14-0013 in December 2013 and as Oakwind Subdivision/MPP19-0003 in February 2018. The requirements of this staff report are consistent with those of the prior action. The Oaks Development 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site:  Gem Innovation School, a 48,000 square foot K-12 charter school located north of the site and was approved by ACHD on June 12, 2020.  Gander Creek, a 401-lot single family residential subdivision with 60 common lots is located southwest of the site and was approved by ACHD in April 2019.  West Ada High School, a new high school campus to serve 1,800 students located southwest of the site and was approved by the ACHD Commission on September 5, 2018.  Jump Creek, a 318 lot single family subdivision with 2 multi-family building lots (76 units) is located to the east of the site and was approved by the ACHD Commission October 15, 2014. 5. Transit: Transit services are not available to serve this site. 2 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared use path. AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection Treatments: The opening of a shared use path at the roadway should be at least the same width as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the path, not including any flared sides if utilized. Detectable warnings should be placed across the full width of the ramp. FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average width of the trail to improve safety for users who will be traveling at various speeds. In addition, the overall width of the trail should be increased, so the curb ramp can be slightly offset to the side. The increased width reduces conflict at the intersection by providing more space for users at the bottom of the ramp. 7. New Center Lane Miles: The proposed development includes 0.XX centerline miles of new public road. 8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The impact fee assessment will not be released until the civil plans are approved by ACHD. 9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):  The intersection of McMillan Road and Black Cat Road is scheduled in the IFYWP for an interim signal to be installed in 2022.  The intersection of Ustick Road and Black Cat Road is scheduled in the IFYWP for an interim signal to be installed in 2021.  McMillan Road is listed in the CIP to be widened to 3-lanes from McDermott Road to Black Cat Road between 2036 and 2040.  McMillan Road is listed in the CIP to be widened to 3-lanes from Star Road to McDermott Road between 2031 and 2035.  The intersection of McMillan Road and Black Cat Road is listed in the CIP to be reconstructed as a roundabout with 4-lanes on the north and south legs and 2-lanes on the east and west legs between 2031 and 2035.  The intersection of McMillan Road and Star Road is listed in the CIP to be reconstructed as a roundabout with 4-lanes on the north and south legs and 2-lanes on the east and west legs between 2031 and 2035. 10. Roadways to Bikeways Master Plan: ACHD’s Roadways to Bikeways Master Plan (BMP) was adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to implement the Planned Bicycle Network to support bicycling as a viable transportation option for Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of good repair in order to ensure they are consistently available for use, promote awareness of existing bicycle routes and features and support encouragement programs and to facilitate coordination and cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan recommendations.  The BMP identifies McDermott Road as a Level 3 facility and McMillan Road as a Level 2 facility abutting the site. 3 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 888 additional vehicle trips per day (0 existing); 94 additional vehicle trips per hour in the PM peak hour (0 existing), based on the th Institute of Transportation Engineers Trip Generation Manual, 10 edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) PM Peak PM Peak Functional Roadway Frontage Hour Hour Level Classification Traffic Count of Service McMillan Road 865-feet Minor Arterial N/A N/A Better than McDermott Road 785-feet Collector 341 “D” * Acceptable level of service for a two-lane minor arterial is “E” (575 VPH). * Acceptable level of service for a two-lane collector is “D” (425 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 McMillan Road west of Black Cat Road was 4,691 on 04/03/2019.  There are no current traffic counts for McDermott Road. C. Findings for Consideration 1. SH-16 Extension The Idaho Transportation Department is in the process of designing the Idaho 16, I-84 to South Emmett Corridor. The project is planned to extend Idaho 16 south from Idaho 44 (State Street) to connect to I-84 between Nampa and Meridian. As western Ada County and eastern Canyon County develop, the ability to move traffic north-south is a primary concern. A connection between the highways requires a new crossing over the Boise River. Access options for I-84 are limited by the existing Garrity Interchange west of McDermott Road and the Ten Mile Road Interchange to the east. This project is anticipated to greatly improve north-south mobility in western Ada County and eastern Canyon County. Staff Comments/Recommendations: The applicant should coordinate with ITD for the SH-16 extension with the Idaho Transportation Department (ITD) and ACHD. 4 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 2. McMillan Road a. Existing Conditions: McMillan Road is improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site. There is 58-feet of right-of-way for McMillan Road (20-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 Policy 7205.2.1 & 7205.5.2 states that the standard 3-lane street section shall be 46-feet (back-of-curb to back-of-curb) within 74 feet of right-of-way. This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. 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 McMillan Road is designated in the MSM as a Residential Arterial with 3-lanes and on-street bike lanes, a 46-foot street section within 74-feet of right-of-way. 5 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 c. Applicant Proposal: The applicant has not proposed any improvements on McMillan Road abutting the site. d. Staff Comments/Recommendations: The applicant should be required to dedicate additional right-of-way to total 37-feet from the centerline of McMillan Road abutting the site. The applicant should also be required to widen the pavement on McMillan Road abutting the site to 17-feet with a 3-foot wide gravel shoulder from the centerline of the roadway and construct a 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of the roadway. Consistent with District policy, compensation will be provided for the right-of-way dedication since this segment of McMillan Road is listed in the CIP. 3. McDermott Road a. Existing Conditions: McDermott Road is improved with 2-travel lanes, 24-feet of pavement and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for McDermott Road (25-feet from centerline). b. Policy: Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for improving all collector frontages adjacent to the site or internal to the development as required below, regardless of whether access is taken to all of the adjacent streets. Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector street is designated with a typology on the Master Street Map, that typology shall be considered for the required street improvements. If there is no typology listed in the Master Street Map, then standard street sections shall serve as the default. Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location and width of the sidewalk and the location and use of the roadway. The right-of-way width may be reduced, with District approval, if the sidewalk is located within an easement; in which case the District will require a minimum right-of-way width that extends 2-feet behind the back-of- curb on each side. The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. Sidewalk Policy: District policy 7206.5.6 requires 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. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. This segment of McDermott Road is designated in the 6 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 MSM as a residential collector with 3-lanes and on-street bike lanes, a 46-foot street section within 74-feet of right-of-way. c. Applicant Proposal: The applicant is proposing to improve McDermott Road abutting the site as a ½ of a 46-foot wide collector street section with pavement widening, vertical curb, gutter within the existing right-of-way and a 10-foot wide planter strip and a 10-foot wide pathway outside of the right-of-way. d. Staff Comments/Recommendations: The applicant’s proposal to improve McDermott Road abutting the site as ½ of a 46-foot wide collector street section with pavement widening, vertical curb and gutter meets District policy and should be approved, as proposed. The applicant’s proposal to construct the 10-foot wide pathway exceeds the District’s Sidewalk policy which requires a 5-foot wide detached of 7-foot wide attached concrete sidewalk on collector roadways. At a minimum, the applicant should be required to construct a 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of the roadway, or a 7-foot wide attached concrete sidewalk on McMillan Road abutting the site. If street trees are desired, an 8-foot wide planter strip is required. For detached sidewalk located outside of the right-of-way, the applicant may provide a permanent right-of-way easement that extends from the right-of-way line to 2-feet behind the back of sidewalk. The applicant should be required to dedicate additional right-of-way to total 37-feet from the centerline line of McDermott Road abutting the site. 4. Internal Local Roads a. Existing Conditions: There are no local roadways within the site. There are 2 local streets, Cherrybrook Drive and Daphne Street, that are proposed to stub to the site’s east property line. These streets have not yet been constructed and were approved as part of ACHD action on The Oaks Subdivision. 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. Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. Benefits of connectivity include but are not limited to the following:  Reduces vehicle miles traveled.  Increases pedestrian and bicycle connectivity. 7 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093  Increases access for emergency services.  Reduces need for additional access points to the arterial street system.  Promotes the efficient delivery of services including trash, mail and deliveries.  Promotes appropriate intra-neighborhood traffic circulation to schools, parks, neighborhood commercial centers, transit stops, etc.  Promotes orderly development. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. c. Applicant’s Proposal: The applicant has proposed to extend the 2 local roadways Cherrybrook Drive and Daphne Street into the site and construct the internal local roadways as 33-foot wide street sections with rolled curb, gutter and 5-foot wide attached sidewalks or with an 8-foot wide planter strip and 5-foot wide detached sidewalks within 47-feet of right-of-way. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved, as proposed. For detached sidewalk located outside of the right-of-way, the applicant should be required to provide a permanent right-of-way easement that extends from the right-of-way line to 2-feet behind the back of sidewalk. 5. Alleys a. Existing Conditions: There are no alleys within the site. b. Policy: New Alley Policy: District Policy 7210.3.1 requires the minimum right-of-way width for all new residential alleys shall be a minimum of 16-feet or a maximum of 20-feet. If the residential alley is 16-feet in width building setbacks required by the land use agency having jurisdiction shall provide sufficient space for the safe backing of vehicles into the alley (see Section 7210.3.3). The minimum right-of-way width for all new commercial or mixed-use alleys shall be 20-feet. All alleys shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way and the improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards, are required for all alleys contained in a proposed development. 8 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 Alley Length Policy: District Policy 7210.3.2 states that alleys shall be no longer than 700- feet in length. If the lead land use agency having jurisdiction requires a shorter block length, the alley shall be no longer than the agency’s required block length. Alley Parking & Setbacks Policy: District Policy 7210.3.3 states that parking within the alley right-of-way is prohibited. “No Parking” signs are required to be installed by the developer. The signs should be located at the alley/street intersections. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 20-feet for all perpendicular parking. Setbacks for structures taking access from the alley should be closely coordinated with the lead land use agency. The setbacks shall either discourage parking within the alley (where it may partially block or occur within the right-of-way) or allow adequate area for one perpendicular parking pad. In order to discourage parking, building setbacks shall be minimal from the alley right-of-way line, while still achieving the required 20-feet of back-up space from a garage or other parking structure to the opposite side of the alley (i.e. 4-foot setback + 16-foot alley= 20- feet for back-up space). Alley Intersections and Offsets Policy: District policy 7210.3.7 states that alleys should intersect public streets at each end. In specific circumstances as outlined in the policies below, the District may consider allowing an alley to intersect a public street at only one end. A 90- degree angle of intersection shall be designed where practical. In no case shall the intersecting angle be less than 75-degrees, as measured from centerline of intersecting street. An access to an alley shall be located a minimum of 50-feet from the nearest street (measured centerline to centerline). Alley/Local Street Intersections Policy: District Policy 7210.3.7.2 states that alleys may intersect all types of local streets including minor local streets. Alleys shall generally be designed with a curb cut type approach when intersecting a local street. Alleys shall generally intersect streets in the middle of the block equally offsetting the intersecting streets. Alleys shall either align with alley/street intersections or provide a minimum 100-foot offset (measured centerline to centerline) from other local street intersections. For alley intersections with local streets, the District may consider a reduced offset if the lead land use agency’s required lot size allows for shorter buildable lots. c. Applicant Proposal: The applicant has proposed to construct a 20-foot wide paved alley within 20-feet of right-of-way that runs east/west extending from Marysville Way to Palustris Way that intersects Marysville Way. d. Staff Comments/Recommendations: The applicant’s proposal meet District policy and should be approved, as proposed. 6. Traffic Calming a. Speed Control and Traffic Calming Policy (Local): 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. Staff Comments/Recommendations: Marysville Street and Palustris Avenue are proposed to be greater than 750-feet in length and will need to be redesigned to reduce the length of the roadways or to include the use of passive design elements. Stop signs, speed humps/bumps and valley gutter will not be accepted as traffic calming. Prior to ACHD’s signature on the first 9 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 final plat, the applicant should be required to submit a revised preliminary plat showing the redesigned roadways for review and approval prior to ACHD’s signature on the first final plat. 7. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 8. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 9. Other Access McMillan Road is classified as a minor arterial roadway, and McDermott Road is classified as collector roadway. Direct lot access is prohibited to these roadways and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Dedicate additional right-of-way to total 37-feet from the centerline of McMillan Road abutting the site. Compensation will be provided for this right-of-way dedication. 2. Widen the pavement on McMillan Road to 17-feet with a 3-foot wide gravel shoulder from the centerline of the roadway abutting the site. 3. Construct a 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of McMillan Road abutting the site. 4. Improve McDermott Road as ½ of a 46-foot wide collector street section with vertical curb, gutter, as proposed, and a minimum 7-foot wide attached or 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of the roadway. If street trees are desired, an 8- foot wide planter strip is required. 5. For detached sidewalk located outside of the right-of-way, provide a permanent right-of-way easement that extends from the right-of-way line to 2-feet behind the back of sidewalk. 6. Extend Cherrybrook Drive and Daphne Street into the site and construct the internal local roadways as 33-foot wide street sections with rolled curb, gutter and 5-foot wide attached sidewalks or with an 8-foot wide planter strip and 5-foot wide detached sidewalks within 47-feet of right-of-way, as proposed. 7. Construct a 20-foot wide paved alley within 20-feet of right-of-way running east/west extending from Marysville Way to Palustris Way, as proposed. 8. Prior to the final plat submittal, submit a revised preliminary plat showing the redesign of Marysville Street and Palustris Avenue to reduce the length of the roadways or include passive design elements. 9. Direct lot access is prohibited onto McMillan Road and McDermott Road and should be noted on the final plat. 10 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 10. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 11. Payment of impact fees is due prior to issuance of a building permit. 12. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 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 11 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 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. COMPASS Checklist 4. Utility Coordinating Council 5. Development Process Checklist 6. Request for Reconsideration Guidelines OR Appeal Guidelines VICINITY MAP 12 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 13 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 SITE PLAN 14 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 15 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 16 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 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. 17 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 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. 18 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093 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. 19 DRAFT Oakwind Estates Subdivision/ MPP20-0029/H-2020-0093