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PZ - ACHD Comments Draft 1 DRAFT Settlers Square/MPP15-0022 Development Services Department Project/File: Settlers Square/MPP15-0022/H-2015-0014 This is a prelimnary plat application consisting of 12 commerical lots and 2 common lots on approximately 9 acres. The site is located at the northwest corner of Ustick Road and Venable Avenue in Meridian, Idaho. Lead Agency: City of Meridian Site address: 870 W. Ustick Road Commission Hearing: XXXX, 2013 Commission Approval: Staff Approval: XXXX, 2013 Applicant: Bob Runyan Seagle Three, LLC PO Box 2579 Eagle, ID 83616 Representative: Lance Warnick Aspen Engineers PO Box 205 Kuna, ID 83634 Staff Contact: Mindy Wallace Phone: 387-6178 E-mail: mwallace@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a prelimnary plat application consisting of 12 commerical lots and 2 common lots on approximately 9 acres. The site is located at the northwest corner of Ustick Road and Venable Avenue in Meridian, Idaho. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Single family residential R-8 South Traditional neighborhood residential TN-R East Neighborhood business district C-N West Single family residential/rural urban transitional R-8/RUT 2 DRAFT Settlers Square/MPP15-0022 3. Site History: ACHD previously reviewed this site as Settlers Square Subdivision in 2007; the Settlers Sqaure Subdivision preliminary plat expired. The requirements of this staff report are not consistent with those of the prior action due to a 2011 update to ACHD policy section 7200. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • Woodburn West consisting of 99 single family residential lots and 16 common lots on 25.8 acres and located northwest of the site was approved by ACHD on June 11, 2013. 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: 0 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Ustick Road is scheduled in the Five Year Work Plan to be widened to 5-lanes from Meridian Road to Locust Grove Road in 2017. • Ustick Road is scheduled in the Five Year Work Plan to be widened to 5-lanes from Linder Road to Meridian Road in 2017. • The intersection of Ustick Road and Meridian Road is scheduled in the Five Year Work Plan to be widened to 7-lanes on the north leg, 7-lanes on the south,7-lanes east, and 7-lanes on the west leg, and reconstructed and signalized in 2017 B. Traffic Findings for Consideration 1. Trip Generation: At this time staff is unable to provide a trip generation estimate, as the exact land uses (commercial businesses) are unknown. Below is list of potential land uses and their trip generation rates based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. Land Use Average Daily Trips PM Peak Hour Trips Office– per 1,000 SF 11.03 1.49 Medical Office – per 1,000 SF 36.13 3.57 Coffee/Donut Shop – per 1,000 SF 818.58 42.80 High Turnover Resturant– per 1,000 SF 127.15 9.85 Specialty Retail Center– per 1,000 SF 44.32 2.71 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a three-lane principal arterial is “E” (880 VPH). * Acceptable level of service for a five-lane principal arterial is “E” (1,770 VPH). * Acceptable level of service for a two-lane collector is “D” (425 VPH). Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project Ustick Road 650-feet Principal Arterial 730 Better than “E” Better than “E” Venable Lane 600-feet Collector 173 Better than “E” Better than “E” 3 DRAFT Settlers Square/MPP15-0022 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 15,540 on 6/9/15. • The average daily traffic count for Venable Lane north of Ustick Road was 2,855 on 6/10/15. C. Findings for Consideration 1. Ustick Road a. Existing Conditions: Ustick Road is improved with 3-travel lanes and no curb, gutter or sidewalk abutting the site. There is 96-feet of right-of-way for Ustick Road (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. All utility relocation costs associated with improving street frontages adjacent to the site shall be borne by the developer. Gravity Irrigation Facilities: District Policy 7215.2 states that all irrigation facilities must be located outside fo the public right-of-way except where distribution lines cross perpendicular to the right-of-way, unless otherwise approved by the District. A shutoff valve or manhole shall be installed on both sides of all crossings at the right-of-way line. If the District approves the location of irrigation facilities within the public right-of-way, a maintenance agreement will be required with the entity that owns the irrigation facilities. 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 sidewalks 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 4 DRAFT Settlers Square/MPP15-0022 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, arterial street requirements, and specific roadway features required through development. This segment of Ustick Road is designated in the MSM as a Planned Commerical 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 hasn’t proposed any improvements to Ustick Road abutting the site. The preliminary plat notes that ACHD will construct the curb, gutter, and sidewalk as part of the Ustick Road widening project. d. Staff Comments/Recommendations: ACHD anticipates construction to begin on the Ustick Road – Meridian Road to Linder Road, road widening project in the fall of 2016. As part of the Ustick Road road widening project, ACHD will be making the following improvements to the site’s frontage: • Relocation of irrigation facilities outside of the right-of-way. • Pavement widening to provide 5 travel lanes and bike lanes. • The construction of vertical curb, gutter, and a 5 foot wide detached concrete sidewalk. • The installation of conduit and fiber at the Ustick/Venable intersection to accommodate a future HAWK pedestrian signal. At this time the applicant is negotiating with ACHD for temporary construction and permenant easements necessary for the Ustick Road widening project to move forward. Staff recommends that the applicant and ACHD continue to work together on the acquisition of easements to keep the Ustick Road widening project on schedule. If the applicant waits for the ACHD Ustick Road widening project to be completed prior to final platting, then no improvements to Ustick Road will be required of the applicant. If the applicant moves forward with final platting before the Ustick Road widening project begins (prior to award of construction contract), then as noted in the policies above, the applicant would be required to relocate the existing irrigation facilities outside of the right-of- way and provide a road trust deposit in the amount of $15,875 for the construction of the sidewalk abutting the site. If the applicant moves forward with final platting after the Ustick Road widening project begins but before it is completed, then as noted in the policies above, the applicant would be required to provide a road trust deposit in the amount of $15,875 for the construction of the sidewalk abutting the site and a road trust deposit in the amount of $3,250 for the cost to relocate the existing irrigation facilities outside of the right-of-way. 2. Venable Avenue a. Existing Conditions: Venable Avenue is improved with 2-travel lanes, and no curb, gutter or sidewalk abutting the site. There is vertical curb, gutter, and 7-foot wide attached concrete 5 DRAFT Settlers Square/MPP15-0022 sidewalks on the east side of Venable Avenue across from the site. There is 60-feet of right- of-way for Venable Avenue (35-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. Residential Collector Policy: District policy 7206.5.2 states that the standard street section for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalks at least 5-feet wide to be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. This segment of Venable Lane is designated in the MSM as a Residential Collector with 2-lanes and on-street bike lanes, a 36-foot street section within 54-feet of right-of-way. 6 DRAFT Settlers Square/MPP15-0022 c. Applicant Proposal: The applicant is proposing to complete Venable Avenue as a 40-foot street section with pavement widening, vertical curb, gutter, and a 7 foot wide attached concrete sidewalk to match the improvements north of the site. d. Staff Comments/Recommendations: The applicant’s proposal is consistent with ACHD’s prior actions on Venable Avenue north and east of the site and should be approved, as proposed. 3. Driveways 3.1 Ustick Road a. Existing Conditions: There is one 20 foot wide driveway onto Ustick Road from the site located approximately 113 feet west of Venable Avenue (measured centerline to centerline). 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. 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 shall be responsible for providing a financial guarantee for the future closure of the driveway. 7 DRAFT Settlers Square/MPP15-0022 Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross access utilizes a single vehicular connection that serves two or more adjoining lots or parcels so that the driver does not need to re-enter the public street system. c. Applicant’s Proposal: The applicant has proposed to construct one 30 foot wide temporary full access driveway onto Ustick Road located approximately 330-feet west of Venable Avenue (measured centerline to centerline). This driveway is proposed to be temporary until the future Blairmore Way/Cooper Avenue is constructed abutting the west property line. At that time the applicant is proposing the driveway be removed and closed with street improvements to match on either side. d. Staff Comments/Recommendations: The applicant's proposal for a temporary driveway onto Ustick Road is consistent with ACHD’s 2007 action on the site. However, since 2007 the prior preliminary plat expired and the ACHD policy manual has been updated and has a different set of standards and requirements for access onto principal arterial roadways. As such, the applicant’s proposal for a temporary driveway onto Ustick Road does not meet ACHD’s Access Management, Driveway Location, or Sucessive Driveway policies; nor has the applicant provided any supporting data (traffic analysis) to show that the driveway onto Ustick Road is necessary to serve the site based on the proposed land uses. As noted in the applicant’s proposal, a new public street is anticipated to be constructed abutting the site’s west property line in alignment with Blairmore Way on the southside of Ustick Road across from the site. This new public street will be built as development occurs and is anticipated to provide access to the site. Staff recognizes the applicant’s desire and potential need for direct lot access to Ustick Road prior to the construction of the new public street abutting the site’s west property line. Because of this staff recommends approval of the 30 foot wide temporary full access driveway located approximately 330-feet west of Venable Avenue. The temporary driveway will not be constructed by ACHD as part of the Ustick Road widening project anticipated to begin in the fall of 2016, but should be constructed by the applicant as part of the final platting process if necessary. The applicant should be required to enter into a development agreement with ACHD identifying that the driveway onto Ustick Road is temporary and will be closed by the applicant with curb, gutter, and sidewalk when access is available via a public street abutting the site’s west property line. To ensure the temporary driveway is closed when necessary, the applicant should be required to provide a financial surety in a form acceptable (meeting the requirements of Policy Section 7103.2) to ACHD in the amount of $3,500.00 for the closure of the driveway. The development agreement and financial surety are required prior to ACHD approval and signature of the final plat. If the public street abutting the site’s west property line is constructed prior to the applicant moving forward with a final plat for the site, then the temporary driveway onto Ustick Road shall not be allowed. 3.2 Venable Lane a. Existing Conditions: There are no driveways onto Venable Avenue from the site. b. Policy: Access Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. 8 DRAFT Settlers Square/MPP15-0022 District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Driveway Location Policy: District policy 7206.4.4 requires driveways located on collector roadways near a STOP controlled intersection to be located outside of the area of influence; OR a minimum of 150-feet from the intersection, whichever is greater. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway. Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on collector roadways with a speed limit of 20 MPH and daily traffic volumes greater than 200 VTD to align or offset a minimum of 245-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7206.4.6, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7206.4.6. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. c. Applicant’s Proposal: The applicant is proposing to construct one 30 to 36 foot wide full access driveway onto Venable Avenue located approximately 320 feet north of Ustick Road in alignment with an existing driveway on the east side of Venable Avenue across from the site. d. Staff Comments/Recommendations: The applicant's proposal meets District policy and should be approved, as proposed. The applicant should be required to pave the driveway its full width at least 30 feet into the site beyond the edge of pavement of Venable Avenue abutting the site. 4. Internal Drive Aisle/Cross Access Buckstone Avenue, an exiting local residential street constructed as part of Woodburn Subdivision stubs to the site’s north property line. Instead of extending the stub street into the site or terminating the public street in a turnaround, as required by ACHD policy, the applicant has proposed to extend a private drive aisle south from Buckstone Avneue south into the site connecting into a network of drive aisles to provide access to the site. ACHD previously approved this proposal in 2007 and recommends approval of the applicant’s proposal to allow a private drive asile to connect to the terminus of a public street. As, there is a benefit to providing connectivity between the neighborhood and site. The applicant should be required to provide public use easement over the private drive aisles to ensure public use. The applicant should be required to provide cross access to the parcel to the west in anticipation of a future roadway being constructed abutting the west property line. 9 DRAFT Settlers Square/MPP15-0022 5. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 6. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 7. Other Access Ustick Road classified as a principal arterial roadway. Venable Avenue is classified as a collector 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. If the applicant moves forward with final platting after the Ustick Road widening project begins but before it is completed, provide a road trust deposit in the amount of $15,875 for the construction of the sidewalk abutting the site and a road trust deposit in the amount of $3,250 to relocate the existing irrigation facilities outside of the right-of-way. 2. Complete Venable Avenue as a 40-foot street section with pavement widening, vertical curb, gutter, and a 7 foot wide attached concrete sidewalk to match the improvements north of the site, as proposed 3. Enter into a development agreement with ACHD for a temporary driveway onto Ustick Road. The driveway may be allowed as a temporary driveway meeting the requirements outlined below: a. The development agreement shall require the driveway be closed with curb, gutter, and sidewalk when access is available via a public street/drive aisle abutting the site’s west property line. To ensure the temporary driveway is closed when necessary, provide a financial surety in a form acceptable to ACHD in the amount of $3,500.00 for the closure of the driveway. b. The temporary driveway will not be constructed by ACHD as part of the Ustick Road widening project. c. If a public street is constructed abutting the site’s western boundary prior to the applicant moving forward with a final plat for the site, then the temporary driveway onto Ustick Road shall not be allowed. d. IF a public street has not been constructed abutting the site’s western boundary prior to the applicant moving forward with a final plat for the site, the applicant may construct one 30 foot wide temporary full access driveway on to Ustick Road located approximately 330-feet west of Venable Avenue, as part of the final platting process. The temporary driveway should be paved its full width at least 30 feet into the site beyond the edge of pavement of Ustick Road. 4. Construct one 30 to 36 foot wide full access driveway onto Venable Lane located approximately 320 feet north of Ustick Road in alignment with an existing driveway on the east side of Venable 10 DRAFT Settlers Square/MPP15-0022 Lane across from the site, as proposed. Pave the driveway its full width at lease 30 feet into the site beyond the edge of pavement of Venable Avenue. 5. Provide public use easement over the private drive aisles within the site to ensure public use. 6. Provide cross access to the parcel to the west in anticipation of a future roadway being constructed abutting the west property line. 7. Payment of impacts fees are due prior to issuance of a building permit. 8. 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. 11 DRAFT Settlers Square/MPP15-0022 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 12 DRAFT Settlers Square/MPP15-0022 VICINITY MAP 13 DRAFT Settlers Square/MPP15-0022 SITE PLAN 14 DRAFT Settlers Square/MPP15-0022 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. 15 DRAFT Settlers Square/MPP15-0022 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. 16 DRAFT Settlers Square/MPP15-0022 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 ROWDS Manager when it is alleged that the ROWDS 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 of Highway Systems, 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 ROWDS 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 ROWDS Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 17 DRAFT Settlers Square/MPP15-0022 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 3:00 p.m. on the day 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.