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HomeMy WebLinkAbout2020-12-03 ACHD   1 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 Development Services Department Project/File: Tetherow Crossing Subdivision / MPP20-0038 / H-2020-0112 This is an annexation, rezone, and preliminary plat application to allow the development of 46 building lots and 8 common lots on 13.99 acres of land. Lead Agency: City of Meridian Site address: Ustick Road Parcel #S0436336156 Staff Approval: XXXX, 2020 Applicant: Hayden Homes Idaho 1406 N Main Street Suite #114 Meridian, ID 83642 Representative: Erickson Civil Inc. Ross Erickson 6213 N Cloverdale Road Suite #125 Boise, ID 83713 Staff Contact: Brenna Garro Phone: 387-6346 E-mail: bgarro@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is proposing to annex 13.99 acres with a rezone to a R-8 zoning district and subdivide the property into 46 buildable lots and 8 common lots. The City of Meridian’s Future Land Use Map designates this area as Medium Density Residential. The proposal is consistent with the City of Meridian’s Comprehensive Plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium Density Residential R-8 and R-4 South Medium Density Residential R-8 and R-4 East Medium Density Residential R-8 West Mixed Use Regional R-15 and C-C 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: 2 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 • The Edington Commons Subdivision, a 106-lot subdivision with 92 single family lots, 10 common lots and 4 common driveway lots on 13.5 acres located northwest of the site was approved by ACHD staff in November of 2019. • The Alpina Townhouse Subdivision, a 22-lot subdivision for 60 townhome units and one office on 4-acres located west of the site was approved by ACHD staff in October of 2018. 5. Transit: Transit services are not available to serve this site. 6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared use path. AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection Treatments: The opening of a shared use path at the roadway should be at least the same width as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the full width of the ramp. FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA -related concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average width of the trail to improve safety for users who will be traveling at various speeds. In addition, the overall width of the trail should be increased, so the curb ramp can be slightly offset to the side. The increased width reduces conflict at the intersection by providing more space for users at the bottom of the ramp. 7. New Center Lane Miles: The proposed development includes 0.35 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): • Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry Lane and is unfunded. • Ustick Road is scheduled in the IFYWP to be widened to 5 lanes from Linder Road to Ten Mile Road in 2025. • The Linder-Meridian Bikeway is scheduled in the IFYWP to be improved as a bikeway to include wayfinding, bikeway signage, enhanced crossing, and markings from Pine Avenue to Temple Drive in 2025. • Linder Road is listed in the CIP to be widened to 3-lanes from Cherry Lane to Ustick Road to Cherry Lane between 2036-2040. • Ustick Road is listed in the CIP to be widened to 5-lanes from Ten Mile Road to Linder Road between 2021-2025. 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. 3 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 The BMP identifies Ustick Road as an existing Level 2 facility. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 434 vehicle trips per day; 46 vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 10th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH). 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 Ustick Road east of Linder Road was 17,546 on 05/09/18. • The average daily traffic count for Linder Road north of Ustick Road was 18,520 on 08/04/20. • The average daily traffic count for Linder Road south of Ustick Road was 7,725 on 08/05/20. C. Findings for Consideration 1. Ustick Road a. Existing Conditions: Ustick Road is improved with 5-travel lanes, bike lanes, vertical curb, gutter, and 5-foot wide detached concrete sidewalk abutting the site. There is 89 to 96-feet of right-of-way for Ustick Road (44 to 48-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 s houlder 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. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Ustick Road 493-feet Principal Arterial 960 Better than “E” Linder Road 0-feet Principal Arterial 847 Better than “E” 4 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 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. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused dri veways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Ustick 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 is not proposing any improvements to Ustick Road abutting the site. d. Staff Comments/Recommendations: Ustick Road is already improved with 5-travel lanes, bike lanes, curb, gutter, and 5-foot wide concrete sidewalk consistent with the MSM. Therefore, staff recommends that no right-of-way dedication or street improvements be required with this development application. Consistent with the District’s Minor Improvements policy, the applicant should be required to replace any damaged curb, gutter, and sidewalk on Ustick Road abutting the site. 2. Internal Local Streets a. Existing Conditions: There are no local roadways within the site. There are is one existing local roadway, Woodpine Street, that stubs to the site’s northeast property line. There is a local roadway, Woodpine Street, that is proposed to stub to the site’s west property line. This roadway is not yet constructed and was approved as part of ACHD’s action on Edington Commons. b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. 5 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 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. Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. Benefits of connectivity include but are not limited to the following: • Reduces vehicle miles traveled. • Increases pedestrian and bicycle connectivity. • Increases access for emergency services. • Reduces need for additional access points to the arterial street system. • Promotes the efficient delivery of services including trash, mail and deliveries. • Promotes appropriate intra-neighborhood traffic circulation to schools, parks, neighborhood commercial centers, transit stops, etc. • Promotes orderly development. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacen t 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 is proposing to extend Woodpine Street into the site at the site’s east and west property lines in order to complete the construction of Woodpine Street through the site. The applicant is proposing to construct the internal local roads as 33-foot wide local street sections with curb, gutter, and 5-foot wide concrete attached 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. 3. Roadway Offsets 6 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 a. Existing Conditions: There are no existing public roadways within the site. b. Policy: Local Street Intersection Spacing on Principal Arterials: District policy 7205.4.3 states that new local streets should not typically intersect arterials. Local streets should typically intersect collectors. If it is necessary, as determined by ACHD, for a local street to intersect an arterial, the minimum allowable offset shall be 1,320-feet as measured from all other existing roadways as identified in Table 1b (7205.4.7). 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 is proposing to construct 12th Drive to intersect Ustick Road 147-feet west of the site’s east property line and 1,015-feet to the east Linder Road, and align centerline to centerline with 12th Street on the south side of Ustick Road. d. Staff Comments/Recommendations: The applicant’s proposal does not meet the District’s Local Street Intersection Spacing on Principal Arterials policy which states the minimum allowable offset from all other existing roadways be 1,320-feet. However, staff recommends a modification of policy to allow the local street to be located as proposed due to the fact that: • 12th Drive is proposed to align with the existing 12th Drive located on the southside of Ustick Road, meeting the intent of the policy. • The limited site frontage (493-feet) and the existing roadways intersecting Ustick Road near the site restrict the applicant’s ability to meet the District’s Local Street Intersection Spacing on Principal Arterials policy which requires the minimum allowable offset from all other existing roadways be 1,320-feet. Therefore, staff recommends a modification of policy to allow the applicant’s proposal to construct a local street from the site onto Ustick Road located approximately 1,015-feet from the intersection of Ustick Road and Linder Road to be approved, as propo sed. This is a 23% modification of policy and can be approved at the Development Services Manager level. 4. Stub Streets a. Existing Conditions: There is 1 local street, Woodpine Street, which stubs to the site’s northeast property line. There is a local street, Woodpine Street, that is proposed to stub to the site’s west property line. This roadway is not yet constructed and was approved as part of ACHD’s action on Edington Commons. b. Policy: Stub Street Policy: District policy 7207.2.4.3 states that stub streets will be required to provide circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7207.2.4, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” In addition, stub streets must meet the following conditions: • A stub street shall be designed to slope towards the nearest street intersection within the proposed development and drain surface water towards that intersection; unless an alternative storm drain system is approved by the District. • The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. Temporary Dead End Streets Policy: District policy 7207.2.4.4 requires that the design and construction for cul-de-sac streets shall apply to temporary dead end streets. The temporary 7 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 cul-de-sac shall be paved and shall be the dimensional requirements of a standard cul-de-sac. The developer shall grant a temporary turnaround easement to the District for those portions of the cul-de-sac which extend beyond the dedicated street right-of-way. In the instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as a non-buildable lot until the street is extended. c. Applicant Proposal: The applicant is proposing to extend Woodpine Street into the site at the site’s east and west property lines in order to complete the construction of Woodpine Street through the site. The applicant is proposing to stub Pudu Street to the site’s east property line located approximately 163-feet north of the site’s south property line and Llama Way to the site’s north property line approximately 261-feet east of the site’s west property line. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. The applicant should install a sign at the terminus of each of the stub streets stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.’ A temporary turn around is not required as the stub streets are less than 150-feet in length. 5. Driveways 5.1 Ustick Road a. Existing Conditions: There is an existing 15-foot wide paved private road/ drive aisle, Llama Lane, located approximately 246-feet east of the site’s west property line. b. Policy: Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1b under District policy 7205.4.7, unless a waiver for the access point has been approved by the District Commission. Driveways, when approved on a principal arterial shall operate as a right-in/right-out only, and the District will require the construction of a raised median to restrict the left turning movements. Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right- in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways. Successive Driveways: District policy 7205.4.7 Table 1b, requires driveways located on principal arterial roadways with a speed limit of 40 MPH to align or offset a minimum of 400-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30 - feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8. 8 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as that which “is permitted for use until appropriate alternative access becomes available”. Temporary access may be granted through a development agreement or similar method, and the developer shal l be responsible for providing a financial guarantee for the future closure of the driveway. c. Applicant’s Proposal: The applicant has proposed to close the existing private road/drive aisle with curb, gutter and sidewalk to match the existing improvements on either side. d. Staff Comments/Recommendations: The applicant's proposal meets District policy and should be approved as proposed. 6. 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. 7. 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. 8. Other Access Ustick Road is classified as a principal arterial roadway. 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 1. Replace or repair any broken or deteriorated segments of curb, gutter, and sidewalk on Ustick Road. 2. Construct 12th Drive from the site onto Ustick Road located 147-feet west of the site’s east property line to align centerline to centerline with 12th Drive south of Ustick Road. 3. Extend Woodpine Street into the site, as proposed. 4. Construct all internal local roadways as 33-foot wide local street sections with curb, gutter, and 5 - foot wide concrete attached sidewalks within 47-feet of right-of-way. 5. Construct the following stub streets as proposed and install a sign at the terminus of each stub street stating, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” • Stub Woodpine Street to the site’s west property line approximately 155-feet south of the site’s north property line. • Stub Pudu Street to stub to the site’s east property line approximately 163-feet north of the site’s south property line. • Stub Llama Way to stub to the site’s north property line approximately 261-feet east of the site’s west property line. 6. Close the private road/ drive aisle located 246-feet east of the site’s west property line with curb, gutter and sidewalk to match the existing improvements on either side, as proposed. 9 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 7. Direct lot access is prohibited to Ustick Road and should be noted in the final plat. 8. 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. 9. Payment of impact fees is due prior to issuance of a building permit. 10. 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 St ate 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 subjec t 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. 10 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Appeal Guidelines 11 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 VICINITY MAP 12 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 SITE PLAN 13 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 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. 14 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 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. 15 DRAFT Tetherow Crossing Subdivision MPP20-0038 / H-2020-0112 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 a ppeal 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.