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2019-11-19 ACHD   1 Edington Commons/ MPP19-0025/ H-2019-0109 Development Services Department Project/File: Edington Commons/ MPP19-0025/ H-2019-0109 This is an annexation, rezone and a preliminary plat consisting of a 106-lot subdivision on 13.49 acres. The site is located on the east side of Linder Road between Ustick Road and Stone Valley Drive. Lead Agency: City of Meridian Site address: 3610 N. Linder Road Staff Approval: November 19, 2019 Applicant: Laren Bailey G20 LLC 4824 W Fairview Avenue Boise, ID 83706 Staff Contact: Dawn Battles Phone: 387-6218 E-mail: dbattles@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval for annexation, rezone from RUT (Rural-Urban Transition) to R-15 (Medium High-Density Residential) and a preliminary plat to allow for the development of a 106-lot subdivision, consisting of 92 residential lots, 10 common lots and 4 other lots for common driveways on 13.5 acres. The applicant’s proposal is consistent with the City of Meridian’s comprehensive plan which calls for Medium-Density Residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium Low-Density & Rural-Urban Transition (Ada County) R-4 & RUT South Community Business District C-C East Rural-Urban Transition (Ada County) RUT West Community Business District & Rural-Urban Transition (Ada County) C-C & RUT 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: • Sugarman, a 4-lot commercial subdivision located directly south of the site and was approved by ACHD in September 2015. • Adera, a multi-family, a self-storage facility and office and retail use development located southwest of the site and was approved by ACHD in October 2019. 5. Transit: Transit services are not available to serve this site. 2 Edington Commons/ MPP19-0025/ H-2019-0109 6. New Center Lane Miles: The proposed development includes 0.54 centerline miles of new public road. 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Ustick Road is listed in the CIP to be widened to 3-lanes from Ten Mile Road to Linder Road between 2026 and 2031. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 868 vehicle trips per day; 92 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 Linder Road north of Ustick Road was 17,225 on May 9, 2018. • The average daily traffic count for Ustick Road east of Linder Road was 17,546 on May 9, 2018. C. Findings for Consideration 1. Linder Road a. Existing Conditions: Linder Road is improved with 5-travel lanes, vertical curb, gutter, and 7- foot wide concrete sidewalk abutting the site. There is 96-feet of right-of-way for Linder 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. 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- Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Linder Road 989-feet Principal Arterial 972 Better than “E” Ustick Road 0-feet Principal Arterial 960 Better than “E” 3 Edington Commons/ MPP19-0025/ H-2019-0109 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. c. Applicant Proposal: The applicant is not proposing any street improvements to Linder Road abutting the site. d. Staff Comments/Recommendations: Linder Road was fully improved in September 2019 as part of a capital improvements project; therefore, no additional right -of-way or street improvements are required as part of this application. 2. 33-foot Internal Local Streets a. Existing Conditions: There are no internal local streets within the site. b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way widths for all local streets shall generally not be less than 47-feet wide and that the standard street section shall be 33-feet (back-of-curb to back-of-curb). Standard Urban Local Street—33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that the standard street section shall be 33-feet (back-of-curb to back-of- curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 47-feet of right-of-way. For the City of Kuna and City of Star: Unless otherwise approved by Kuna or Star, the standard street section shall be 36-feet (back-of-curb to back-of-curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 50-feet of right-of-way. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. c. Applicant’s Proposal: The applicant is proposing to construct NW 14th Avenue, NW 15th Avenue and W. Woodchest Street as 33-foot street sections with rolled curb, gutter and 5-foot wide concrete sidewalk. The sidewalk is proposed to be attached on one side and detached 4 Edington Commons/ MPP19-0025/ H-2019-0109 with an 8-foot planter strip on the other. The applicant is proposing to dedicate 42-feet of right- of-way, and to provide a 13-foot wide sidewalk easement for the detached sidewalk. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. The applicant should be required to provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any sidewalk placed outside of the dedicated right-of-way. If the sidewalk is detached, then the right-of-way should extend a minimum of 2-feet behind the back of curb. 3. 27-foot Internal Local Streets a. Existing Conditions: There are no internal local streets within the site. b. Policy: Reduced Urban Local Street—27-foot Street Section and Right-of-Way Policy: District Policy 7207.5.2 states that the width of a reduced urban local street shall be 27-feet (back-of- curb to back-of-curb) with curb, gutter, and minimum 5-foot concrete sidewalks on both sides and shall typically be within 41-feet of right-of-way. Unless approved in writing by the land use agency, this street section is not allowed by the City of Kuna and City of Star. In some cases this street width may not accommodate new utilities. A 29-foot street section within 43-feet of right-of-way may be constructed in lieu of a 27-foot street section if the applicant demonstrates that the additional roadway width is necessary to extend the utilities. Although some parking is allowed by the following subsections, the District will further restrict parking on a reduced width street if curves or other physical features cause problems, if actual emergency response experience indicates that emergency vehicles may not be able to provide service, or if other safety concerns arise. One of the following three sets of design conditions shall apply. Design Condition #1: Parking is allowed on one side of a reduced width street when all of the following criteria are met: • The street is in a residential area. • The developer shall provide written approval from the appropriate fire department or emergency response unit in the jurisdiction. • The developer shall install NO PARKING signs on one side of the street, as specified by the District and as specified by the appropriate fire department. • This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 41-feet of right-of-way. • Traffic volumes on the street shall not exceed 1,000 vehicle trips per day. There shall be no possibility that another street may be connected to it in a manner that would allow more than 1,000 vehicle trips per day. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street s, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. 5 Edington Commons/ MPP19-0025/ H-2019-0109 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. Landscape Medians Policy: District policy 7207.5.16 states that landscape medians are permissible where adequate pavement width is provided on each side of the median to accommodate the travel lanes and where the following is provided: • The median is platted as right-of-way owned by ACHD. • The width of an island near an intersection is 12-feet maximum for a minimum distance of 150-feet. Beyond the 150-feet, the island may increase to a maximum width of 30-feet. • At an intersection that is signalized or is to be signalized in the future, the median width shall be reduced to accommodate the necessary turn lane storage and tapers. • The Developer or Homeowners Association shall apply for a license agreement if landscaping is to be placed within these medians. • The license agreement shall contain the District’s requirements of the developer including, but not limited to, a “hold harmless” clause; requirements for maintenance by the developer; liability insurance requirements; and restrictions. • Vertical curbs are required around the perimeter of any raised median. Gutters shall slope away from the curb to prevent ponding. c. Applicant Proposal: The applicant is proposing to construct Windswept Drive, Woodpine Street and Crosswind Street as 27-foot street sections with rolled curb, gutter and 5-foot wide attached concrete sidewalk within 41-feet of right-of-way. The applicant is proposing to construct the entry portion of Windswept Drive with a 10-foot wide center landscape island with two 21-foot wide travel lanes, vertical curb, gutter within 56-feet of right-of-way and an 8-foot wide planter strip and 5-foot wide detached sidewalk within an easement. d. Staff Comments/Recommendations: The applicant’s proposal to construct Windswept Drive, Woodpine Street and Crosswind Street as 27-foot street sections with rolled curb, gutter and 5- foot wide attached concrete sidewalk within 41-feet of right-of-way meets District policy and should be approved as proposed. The applicant should provide written approval from the appropriate fire department for the 27-foot street sections. Parking is restricted on one side of the 27-foot street section. The applicant should be required to install “NO PARKING” signs on one side of the streets. Coordinate a signage program with District Development Review staff. The center landscape island proposed to be constructed within the entry portion of Windswept Drive should be platted as right-of-way owned by ACHD. The applicant or homeowner’s association should apply for a license agreement if landscaping is to be placed within the island. The applicant should be required to provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any sidewalk placed outside of the dedicated right-of-way. If the sidewalk is detached, then the right-of-way should extend a minimum of 2-feet behind the back of curb. 4. Roadway Offsets a. Existing Conditions: There is an existing approach that intersects Linder Road located 1,110- feet north of Ustick Road. b. Policy: 6 Edington Commons/ MPP19-0025/ H-2019-0109 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 7206.4.5, requires local roadways to align or offset a minimum of 330-feet from a collector roadway (measured centerline to centerline). 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 the local entrance street, Windswept Drive, by using the existing approach that intersects Linder Road located 1,110-feet north of Ustick Road. The applicant is proposing to construct all other local internal streets to align or offset a minimum of 125-feet from any other street. d. Staff Comments/Recommendations: The applicant’s proposal to construct their local entrance street, Windswept Drive, by using the existing approach that intersects Linder Road located 1,110-feet north of Ustick Road does not meet District policy because new local streets should not typically intersect arterials and the proposed Windswept Drive roadway does not meet the minimum offset which requires local streets intersecting principal arterials to align or offset a by 1,320-feet. However, staff recommends a modification of policy to allow Windswept Drive to be located as proposed as the site does not have access to a lesser classified street, the site does not have adequate frontage to meet the necessary spacing from Ustick Road and the roadway is proposed to be located outside of the influence area of the intersection. The access may be restricted to right-in/right-out in the future as determined by ACHD. This is a 16% modification to the dimensional standards and is approved at the discretion of the Development Services Manager. The applicant’s proposal to construct all other local internal streets to align or offset a minimum of 125-feet from any other street meets District policy and should be approved as proposed. 5. Stub Streets a. Existing Conditions: There are no stub streets to or from the site. 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 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 7 Edington Commons/ MPP19-0025/ H-2019-0109 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 construct one stub street to the east, Woodpine Street, located 375-feet north of the south property line and one stub street to the south, NW 15th Avenue, located 196-feet east of Linder Road (measured centerline-to- centerline). d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. The applicant should be required to install a sign at the terminus of the stub streets stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” A temporary turnaround is not required at the terminus of the stub streets as they do not extend greater than 150-feet. 6. Driveways a. Existing Conditions: There are no driveways existing internal in the site. b. Policy: Driveway Location Policy: District policy 7207.4.1 requires driveways near intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street intersection, and 150-feet from the nearest collector or arterial street intersection. Successive Driveways: District Policy 7207.4.1 states that successive driveways away from an intersection shall have no minimum spacing requirements for access points along a local street, but the District does encourage shared access points where appropriate. Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required, residential driveways shall be restricted to a maximum width of 20-feet and may be constructed as curb-cut type driveways. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.4.3, 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. c. Applicant’s Proposal: The applicant is proposing to construct 4 driveways on local streets. The locations are depicted below in red: 8 Edington Commons/ MPP19-0025/ H-2019-0109 d. Staff Comments/Recommendations: The applicant’s proposal to construct 4 driveways onto the local internal streets meets District policy and should be approved as proposed. 7. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 8. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop 9 Edington Commons/ MPP19-0025/ H-2019-0109 signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 9. Other Access Linder Road is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Construct NW 14th Avenue, NW 15th Avenue and W. Woodchest Street as 33-foot street sections with rolled curb, gutter and 5-foot wide attached concrete sidewalk on one side of the roadways and detached sidewalks on the other within 42-feet of right-of-way and a 13-foot wide permanent sidewalk easement. 2. Construct Windswept Drive, Woodpine Street and Crosswind Street as 27-foot street sections with rolled curb, gutter and 5-foot wide concrete sidewalk within 41-feet of right-of-way. 3. Provide written approval from the appropriate fire department for the 27-foot street sections. 4. Install “NO PARKING” signs on one side of the 27-foot street sections. Coordinate a signage program with District Development Review staff. 5. Construct the entry portion of Windswept Drive with a 10-foot wide center landscape island with two 21-foot wide travel lanes, vertical curb, gutter within 56-feet of right-of-way and an 8-foot wide planter strip and 5-foot wide detached sidewalk within an easement. 6. Plat the center landscape island that is proposed to be constructed within the entry portion of Windswept Drive as right-of-way owned by ACHD. The applicant or homeowner’s association shall apply for a license agreement if landscaping is to be placed within the island. 7. Provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any sidewalk placed outside of the dedicated right-of-way. If the sidewalk is detached, then the right-of-way should extend a minimum of 2-feet behind the back of curb. 8. Construct the local entrance street, Windswept Drive, by using the existing approach that intersects Linder Road located 1,110-feet north of Ustick Road. 9. Construct all other local internal streets to align or offset a minimum of 125-feet from any other street. 10. Construct one stub street to the east, Woodpine Street, located 375-feet north of the south property line and one stub street, NW 15th Avenue, to the south located 196-feet east of Linder Road. 11. Install a sign at the terminus of the stub streets stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 12. Construct 4 driveways on the local internal streets as depicted above in Section 6c. 13. Direct lot access is prohibited to Linder Road, other than the access specifically approved with this application and should be noted on the final plat. 14. Payment of impact fees is due prior to issuance of a building permit. 15. Comply with all Standard Conditions of Approval. 10 Edington Commons/ MPP19-0025/ H-2019-0109 E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 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. 11 Edington Commons/ MPP19-0025/ H-2019-0109 G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Appeal Guidelines 12 Edington Commons/ MPP19-0025/ H-2019-0109 VICINITY MAP 13 Edington Commons/ MPP19-0025/ H-2019-0109 SITE PLAN 14 Edington Commons/ MPP19-0025/ H-2019-0109 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 Edington Commons/ MPP19-0025/ H-2019-0109 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 applic ation 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. Impac t 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 Edington Commons/ MPP19-0025/ H-2019-0109 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 char ged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary and Clerk of the District, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 17 Edington Commons/ MPP19-0025/ H-2019-0109 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 11:00 a.m. 2 days prior to the Commission’s next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the m eeting 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.