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ACHD report for Maverik at Fairview and Locust GroveSara M. Baker, President Rebecca W. Arnold, Vice President Jim D. Hansen, Commissioner Kent Goldthorpe, Commissioner Paul Woods, Commissioner ______________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us July 3, 2018 To: Elizabeth Sorenson, via email Maverik Inc. 185 South State Street, Suite 800 Salt Lake City, UT 84111 Subject: MER17-0052/ A-2018-0203 1515 E. Fairview Avenue Maverik Convenience Store with Fuel Services On July 12, 2017, the Ada County Highway District approved A-2017-0117 for a Maverik convenience store and fuel services. The site specific conditions of approval also apply to A- 2018-0203. If you have any questions, please feel free to contact me at (208) 387-6218. Sincerely, Dawn Battles Planner Development Services cc: City of Meridian (Josh Beach) 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).Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 2. In accordance with District policy, 7203.6, 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. 3. 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. 4. 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. 5. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6. 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. 7. 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. 8. 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. 9. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 10. 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. 11. 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.   1 MER17-0052 / A-2017-0117 / Maverik Development Services Department Project/File: MER17-0052 / A-2017-0117 / Maverik The applicant is requesting design review and certificate of zoning compliance approval for a Maverik convenience store and fuel services at the southwest corner of Fairview Avenue and Locust Grove Road. Lead Agency: City of Meridian Site address: 1515 E. Fairview Avenue Staff Approval: July 12, 2017 Applicant: Elizabeth Hunt Maverik, Inc 185 S. State St. Salt Lake City, UT 84111 Staff Contact: Austin Miller Phone: 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting design review and certificate of zoning compliance approval for a Maverik convenience store and fuel services at the southwest corner of Fairview Avenue and Locust Grove Road. The property is currently zoned C2 and the proposal is consistent with the City of Meridian’s comprehensive plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Commercial C-G South Residential R-40 East Commercial C-G West Commercial C-G 3. Site History: ACHD has previously reviewed this site as MER16-0020 (H-2016-0027). The requirements of this staff report are consistent with those of the prior action. 4. Transit: Transit services are not available to serve this site. 5. 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. 6. Capital Improvements Plan/ Integrated Five Year Work Plan:  Fairview Avenue is scheduled in the IFYWP to be improved with sidewalk between 3rd Street and Locust Grove Road in 2017. 2 MER17-0052 / A-2017-0117 / Maverik  Fairview Avenue is listed in the CIP to be widened to 7-lanes from Meridian Road to Locust Grove Road between 2017 and 2021.  The intersection of Fairview Avenue and Locust Grove Road is listed in the CIP to be widened to 7-lanes on the north and south legs, and 8-lanes on the east and west legs between 2021 and 2025.  The Fairview Avenue Corridor Management Plan, adopted in February 2014, identified various strategies to improve safety and mobility along the Fairview Avenue Corridor, between Linder Road and Orchard Street. Identified strategies include, but are not limited to: reducing the number of driveways and consolidating existing access points, adding bike and pedestrian facilities including reconstruction of driveways to meet ACHD standards, removing access conflicts at intersections including left turn medians, and street lighting. Further, the ACHD Commission directed the use of mid-block non-traversable medians occur only after efforts have been made to employ the other identified strategies and with subsequent Commission approval. The vision of this Plan is that it be implemented through development and redevelopment of the corridor and through subsequent Commission-approved ACHD projects. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 1,953 vehicle trips per day; 162 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a five-lane principal arterial is “E” (1,770 VPH). * Acceptable level of service for a five-lane minor arterial is “D” (1,540 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 Fairview Avenue w/o Locust Grove Road was 27,687 on February 13, 2014.  The average daily traffic count for Locust Grove s/o Fairview Avenue was 20,286 on February 13, 2014. C. Findings for Consideration 1. Fairview Avenue a. Existing Conditions: Fairview Avenue is improved with 5-travel lanes, vertical curb, gutter and sidewalk abutting the site. 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. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project Fairview Avenue 300-feet Principal Arterial 1,311 E E Locust Grove Road 700-feet Minor Arterial 1,034 D D 3 MER17-0052 / A-2017-0117 / Maverik 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. 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 Fairview Avenue is designated in the MSM as a Mobility Corridor with 7-lanes and on-street bike lanes, a 96-foot street section within 124-feet of right-of-way. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 7-lane street section shall be 96-feet (back-of-curb to back-of-curb) within 120-feet of right-of-way. This width typically accommodates three travel lanes in each direction, a continuous raised or landscaped median with intermittent turn lanes, and safety shoulders. 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. 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. Staff Comments/Recommendations: The applicant should be required to dedicate right-of- way to total 74-feet from centerline of Fairview Avenue to accommodate future widening (approximately 16-feet additional at the west end, and 13-feet additional at the east end). This segment of Fairview Avenue is in the CIP, as is the Fairview/Locust Grove intersection, so the applicant will be compensated for right-of-way dedication. This segment of Fairview Avenue is on the no-cut moratorium through May 2020. All cuts to Fairview Avenue should be approved by the ACHD pavement cut committee prior to approval. 4 MER17-0052 / A-2017-0117 / Maverik 2. Locust Grove Road a. Existing Conditions: Locust Grove Road is improved with 2-travel lanes in each direction, a center turn lane, bike lanes, and vertical curb, gutter, and 7-foot wide sidewalk abutting the site. 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. 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 Locust Grove Road is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike lanes. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96-feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. 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. 5 MER17-0052 / A-2017-0117 / Maverik c. Staff Comments/Recommendations: The applicant should be required to dedicate an additional 11-feet of right-of-way for the 490-feet on Locust Grove Road closest to Fairview Avenue for the Fairview/Locust Grove intersection project. The right of way dedication should then taper down at a ratio of 45:1 for the remainder of the site. This intersection is in the CIP, so the applicant will be compensated for right-of-way dedication. The applicant should also provide adequate right-of-way at the corner of the intersection for future utility boxes and signal poles. 3. Fairview Driveway a. Existing Conditions: There is one existing 50-foot wide driveway abutting the site on Fairview Avenue located 280-feet west of Locust Grove Road (measured centerline to centerline). There is an additional driveway on Fairview Avenue located 390-feet from Locust Grove Road, which is not located on this parcel, however provides cross access to the site. 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 35 MPH to align or offset a minimum of 355- 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. 6 MER17-0052 / A-2017-0117 / Maverik 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 is proposing to close the existing 50-foot wide driveway abutting the site with vertical curb, gutter and sidewalk to match the existing improvements. The applicant is proposing to utilize the existing shared driveway on Fairview Avenue at the west property line, located 390-feet west of Locust Grove Road. d. Staff Comments/Recommendations: The applicant’s proposal to close the existing 50-foot wide driveway abutting the site with vertical curb, gutter and sidewalk to match the existing improvements meets District policy and should be approved as proposed. In accordance with District policy, driveways on Fairview Avenue should be restricted to right- in/right-out only movements, and a median is in place on Fairview Avenue that restricts the shared driveway to right-in/right-out only. The driveway meets policy for the location of a right-in/right-out driveway. The City should confirm that there is a formal cross access agreement between the property owners for use of this driveway. 4. Locust Grove Road Driveways a. Existing Conditions: There are two existing driveways constructed on Locust Grove Road. 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 7205.4.6 states that direct access to minor 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 1a under District policy 7205.4.6, unless a waiver for the access point has been approved by the District Commission. Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized intersection with a single left turn lane shall be located a minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a minimum of 660-feet from the intersection for a full-movement driveway. District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized intersection with a dual left turn lane shall be located a minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a minimum of 710-feet from the intersection for a full-movement driveway. Successive Driveways: District policy 7205.4.6 Table 1a, requires driveways located on minor arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 330-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, 7 MER17-0052 / A-2017-0117 / Maverik 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. 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 is proposing to utilize the existing right-in/right-out driveway located 280-feet south of Fairview Avenue, and is proposing to close the existing driveway located 415-feet south of Fairview Avenue. The applicant is proposing to construct one new driveway located in alignment with Wilson Lane on the east side of Locust Grove Road, 475-feet south of Fairview Avenue. d. Staff Comments/Recommendations: The applicant's proposal for the northerly driveway does not meet District Policy because the driveway is located 280-feet south of Fairview Avenue, and not the required 330-feet. However, the driveway cannot be moved farther to the south or it will interfere with turning movements from the southerly driveway. Staff recommends approval of the proposed right-in/right-out driveway as a modification of policy. The dimensional modification is 15% and can be approved by the Development Services Manager. There are candles in Locust Grove Road that serve as a physical barrier to restrict left turn movements into and out of the site. The applicant’s proposal for the southerly driveway does not meet District Policy because the driveway is located 475-feet south of Fairview Avenue and not the required 660-feet, but it is in alignment with a public street. Staff recommends a modification of policy to allow this driveway to remain as temporary full access because the driveway is located outside of the influence area of the Fairview/Locust Grove intersection, and the site does not have adequate frontage to meet the offset from the signal, and from Wilson Lane. This dimensional modification is 30% and can be approved by the Development Services Manager. The applicant should close the existing driveway located 415-feet south of Fairview Avenue with curb, gutter and sidewalk to match existing improvements. 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. D. Site Specific Conditions of Approval 1. Dedicate 13 to 16-feet of right-of-way on Fairview Avenue. This segment of Fairview Avenue and the intersection is in the CIP, so the applicant will be compensated for right-of-way dedication. 2. Obtain approval from the ACHD Pavement Cut Committee prior to any asphalt cuts on Fairview Avenue. 8 MER17-0052 / A-2017-0117 / Maverik 3. Dedicate an additional 11-feet of right-of-way on Locust Grove Road extending 490-feet south of Fairview Avenue for the Fairview/Locust Grove intersection project. The right of way dedication should then taper down at a ratio of 45:1 for the remainder of the site. The Fairview/Locust Grove intersection is in the CIP, so the applicant will be compensated for right-of-way dedication. Include a triangle at the corner of the intersection to accommodate utility boxes and poles. 4. Close the existing 50-foot wide driveway on Fairview Avenue abutting the site with vertical curb, gutter and sidewalk to match the existing improvements 5. Utilize the existing shared right-in/right-out driveway on Fairview Avenue, located 390-feet west of Locust Grove Road. Note to City: If not existing already, provide a cross access agreement. 6. Reconstruct the right-in/right-out driveway on Locust Grove Road located 280-feet south of Fairview Avenue as a curb return type driveway. The driveway shall be constructed as a 24 to 30- foot wide curb return with minimum 30-foot radii, and paved back a minimum of 30-feet from the edge of pavement of Fairview Avenue. 7. Close the existing driveway on Locust Grove Road located 415-feet south of Fairview Avenue, with curb, gutter and sidewalk to match existing improvements. 8. Construct a temporary full access driveway on Locust Grove Road located in alignment with Wilson Lane. The driveway shall be constructed as a 30 to 36-foot wide curb return with minimum 30 -foot radii, and paved back a minimum of 30-feet from the edge of pavement of Fairview Avenue. This driveway may be restricted by ACHD in the future. 9. Payment of impacts fees are 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. 9 MER17-0052 / A-2017-0117 / Maverik 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 10 MER17-0052 / A-2017-0117 / Maverik VICINITY MAP 11 MER17-0052 / A-2017-0117 / Maverik SITE PLAN 12 MER17-0052 / A-2017-0117 / Maverik 13 MER17-0052 / A-2017-0117 / Maverik 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 MER17-0052 / A-2017-0117 / Maverik 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 MER17-0052 / A-2017-0117 / Maverik 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 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 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.