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2019-12-20 ACHD Revised   1 Hensley Station/ MPP19-0032/H-2019- 0120 Development Services Department Project/File: Hensley Station/ MPP19-0032/ H-2019-0120 This is an annexation and preliminary plat application to allow for the development of 65 buildable lots and 6 common lots on 7.17 acres. Lead Agency: City of Meridian Site address: 462 Black Cat Road Staff Approval: December 20, 2019 Applicant: Northern Land Development LLC 2150 N. Canter Place Eagle, ID 83616 Representative: Kent Brown Planning Services LLC 3161 E. Springwood Drive Meridian, ID 83642 Staff Contact: Paige Bankhead Phone: 387-6293 E-mail: pbankhead@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is proposing to annex 7.17 acres with an R-15 zoning district and subdivide the property into 65 buildable lots for townhome units and 6 common lots. The proposal is consistent with the City of Meridian’s Comprehensive Plan that designates the area as medium-high density residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Railroad and Rural Urban Transition (Ada County) R-1 and RUT South Rural Urban Transition and Mixed Employment (Ada County) RUT and M-E East Mixed Employment M-E West Rural Urban Transition (Ada County) 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: • Compass Charter School, K-12 charter school to the south and east of the site. This was approved by ACHD in June 2018. 5. Transit: Transit services are available to the south of this site at Franklin Road via Route 40. Vicinity Map 2 Hensley Station/ MPP19-0032/H-2019-0120 6. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Black Cat Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Cherry Lane between 2021 and 2025. • The intersection of Black Cat Road and Cherry Lane is listed in the CIP to be widened to 5 - lanes on the north leg, 6-lanes on the south leg, 4-lanes on the west leg and 5-lanes on the east leg and signalized between 2021 and 2025. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 476 additional vehicle trips per day (10 existing); 37 additional vehicle trips per hour in the PM peak hour (1 existing), 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 two-lane minor arterial is “E” (575 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 Black Cat Road north of Franklin Road was 5,753 on 12/06/17. C. Findings for Consideration 1. Black Cat Road a. Existing Conditions: Black Cat Road is improved with 2-travel lanes, approximately 25-feet of pavement, and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for Black Cat Road (25-feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96- feet of right-of-way. This width typically accommodates two travel lanes in each direction, a Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Black Cat Road 535-feet Minor Arterial 384 Better than “E” 3 Hensley Station/ MPP19-0032/H-2019-0120 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. Off-Site Streets Policy: District Policy 7205.2.1 states that if the proposed development is not served by a public street that is fully improved to urban standards (curb, gutter, sidewalk) or a minimum 30-feet of pavement, then the developer shall provide 30-feet of pavement with 3-foot wide gravel shoulders from the site to the public street specified by the District, typically to the nearest public street that meets the District’s minimum standards or a maximum of ¼ mile; OR shall provide 24-feet of pavement with 3-foot wide gravel shoulders and a minimum 6-foot wide detached asphalt/concrete pedestrian facility from the site to the public street specified by the District, typically to the nearest public street that meets the District’s minimum standards or a maximum of ¼ mile. Alternatives to pavement widening including sidewalks and pathways, or other proposals may be considered by the District. The extent of roadway improvements (improvement type and length) will be determined by evaluating certain criteria. Criteria to establish improvement type and length include but are limited to: traffic volumes (existing and projected); the posted speed limit; topography; accident history; potential need for bicycle and bus/traffic routes; number of pedestrians (existing and projected); location of pedestrian attractors and generators (i.e. parks and schools); number of access points/streets serving the proposed development; usable right- of-way; need for traffic calming; utilities and irrigation facilities. All utility relocation costs associated with the off-site street widening shall be borne by the developer. Narrower street widths may be considered if pedestrian or bike facilities exist or if the proposed development is for ten (10) residential lots or fewer or will generate less than 100 VTD. The District will consider the phasing of off-site improvements to the arterial roadway on a case- by-case basis if a phasing plan is approved by the lead land use agency. The required improvements must be constructed prior to the signature on the final plat that included the 40th residential lot; or exceeds trip generation of 400 VTD. 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. 4 Hensley Station/ MPP19-0032/H-2019-0120 Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be required (See Section 7205.5.5). ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Black Cat Road is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 72-foot street section within 96-feet of right-of-way. c. Applicant Proposal: The applicant has proposed dedicate right-of-way to total 48-feet from the centerline of Black Cat Road and widen Black Cat Road with 17-feet of pavement from centerline with a 3-foot wide gravel shoulder and a detached 5-foot wide concrete sidewalk located 42-feet from the centerline of Black Cat Road within right-of-way with 1-foot of right-of- way behind the back edge of sidewalk. d. Staff Comments/Recommendations: The applicant’s proposal meets District Policy and should be approved, as proposed, except for the 1-foot of right-of-way proposed behind the back edge of the sidewalk. The applicant should be required to provide at least 2-feet of right- of-way behind the back edge of sidewalk. Therefore, the sidewalk should be placed a minimum of 41-feet from the centerline of Black Cat Road to ensure 2-feet of right-of-way behind the back edge of sidewalk. 2. Aviator Street (East/West Collector) a. Existing Conditions: Compass Charter School has constructed Aviator Street as ½ of a 3-lane collector 46-foot street section with 23-feet of pavement, plus 12 additional feet of pavement (to total 35-feet of pavement) with vertical curb, gutter and a 7-foot wide attached concrete sidewalk on the south side of the roadway, with a 3-foot wide gravel shoulder and borrow ditch on the north side of the roadway. As the collector roadway continues east and transitions to a 2 lane roadway, it is constructed as ½ of a 36-foot wide collector roadway with 18-feet of pavement, plus 12 additional feet of pavement (to total 30-feet of pavement) with vertical curb, gutter and 7-foot wide attached concrete sidewalk on the south of the roadway, with a 3-foot wide gravel shoulder and borrow ditch on the north side of the roadway. There is 55-feet to 60-feet of right- of-way abutting the site for Aviator Street (27.5-feet to 30-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. 5 Hensley Station/ MPP19-0032/H-2019-0120 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 sidewalk at least 5-feet wide to be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. A new collector roadway was identified on the MSM with the street typology of Town Center Collector. The new collector roadway should intersect Black Cat Road at the half mile between Franklin Road and Pine Avenue. The Town Center Collector typology as depicted in the Livable Street Design Guide recommends a 2-lane roadway with bike lanes, and on street parking, a 36-foot street section within 54-feet of right- of-way. c. Applicant Proposal: The applicant has proposed to construct Aviator Street at Black Cat ½ of a 46-foot collector street section with vertical curb, gutter and attached 7-foot wide concrete sidewalk tapering to ½ of a 36-foot wide collector roadway with vertical curb, gutter and a 7-foot wide attached concrete sidewalk as the roadway moves east. These improvements are proposed to be constructed within the existing right-of-way, with a portion of the 7-foot wide attached sidewalks within an easement. d. Staff Comments/Recommendations: The applicant’s proposal is consistent with the MSM, and ACHD’s prior action for Compass Charter School and should be approved, as proposed, except for the portion of sidewalk proposed outside of the right-of-way in an easement. The applicant may also construct a 5-foot wide detached sidewalk with a 6-foot wide planter strip, as measured between the back-of-curb and street edge of the sidewalk. If street trees are desired then an 8-foot wide planter strip should be provided. The applicant’s proposal to place a portion of sidewalk outside of the right-of-way does not meet District Policy which requires sidewalks to be wholly within right-of-way or wholly within a permanent right-of-way easement. The applicant should be required to dedicate additional right-of-way to extend 2-feet behind the back of the sidewalk so the sidewalk can be wholly within right-of-way. For detached sidewalk, the applicant may reduce the right-of-way width to 2-feet behind the back edge of curb and provide a permanent right-of-way easement for the sidewalks proposed to be located outside of the right-of-way. 3. Driveways/Private Roads 3.1 Black Cat Road a. Existing Conditions: There is an existing residential driveway onto Black Cat Road located approximately 20-feet south of the site’s north property line. 6 Hensley Station/ MPP19-0032/H-2019-0120 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, 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 has proposed to close the existing residential driveway onto Black Cat Road with sidewalk and has proposed to construct a 25-foot wide emergency access onto Black Cat Road, located approximately 100-feet south of the north property line. The driveway is proposed to be restricted to emergency access only with a 6-foot tall locking gate for emergency access only. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved, as proposed. The 25-foot wide emergency access should be paved its full width and at least 30-feet into the site beyond the edge of pavement and restricted to emergency access only with a gate or bollards as determined by the Meridian Fire Department. 3.2 Aviator Street - East/West Collector a. Existing Conditions: There are no driveways onto Aviator Street from the site. 7 Hensley Station/ MPP19-0032/H-2019-0120 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. 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 (Stop Controlled Intersection): 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 25 MPH and daily traffic volumes greater than 100 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. Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. The private road should have the following requirements: • Designed to discourage through traffic between two public streets, • Graded to drain away from the public street intersection, and • If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. c. Applicant’s Proposal: The applicant has proposed to construct a 30-foot wide curb cut type private road onto Aviator Street. The private road is proposed align with a driveway for the Compass Charter School that is located approximately 265-feet east of Black Cat Road. d. Staff Comments/Recommendations: The applicant’s proposal meets the intent of ACHD’s policy as the private road is proposed to align with a driveway on the south side of Aviator Street across from the site. The applicant’s proposal to construct a curb cut for the private road does not meet the District Policy requirement for a curb return access and is not approved, as proposed. The applicant should be required to construct a curb return type driveway for the private road onto Aviator Street. 8 Hensley Station/ MPP19-0032/H-2019-0120 If the City of Meridian approves the private road, the applicant shall be required to pave the private roadway at least 30-feet wide and at least 30-feet into the site beyond the edge of pavement of all public streets and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. If private roads are not approved by the City of Meridian, the applicant will be required to revise and resubmit the preliminary plat to provide public standard local streets in these locations. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: • Dedicate a minimum of 50-feet of right-of-way for the road. • Construct the roadway to the minimum ACHD requirements. • Construct a stub street to the surrounding parcels. 4. 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. 5. 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. 6. Other Access Black Cat Road is classified as a minor arterial roadway, and Aviator Street is classified as 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. Dedicate right-of-way to total 48-feet from the centerline of Black Cat Road abutting the site, as proposed. Compensation will be provided for this right-of-way dedication. 2. Construct a 5-foot wide detached concrete sidewalk on Black Cat Road located 41-feet from the centerline of Black Cat Road abutting the site. 3. Widen the pavement on Black Cat Road to a minimum width of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the site, as proposed. 4. Construct Aviator Street as ½ of a 46-foot wide collector street section tapering to a half of a 36- foot wide collector street section with vertical curb, gutter and a 7-foot wide attached concrete sidewalk abutting the site. The applicant may also construct a 5-foot wide detached concrete 9 Hensley Station/ MPP19-0032/H-2019-0120 sidewalk with a 6-foot wide planter strip. If street trees are desired then an 8-foot wide planter strip shall be provided. For attached sidewalk, dedicate additional right-of-way to extend a minimum of 2-feet behind the back of the sidewalk. For detached sidewalk, the applicant may reduce the right-of-way width to 2- feet behind the back edge of curb if detached sidewalk is proposed and provide a permanent right- of-way easement for the sidewalks proposed to be located outside of the right-of-way that extends 2-feet behind the back edge of sidewalk. 5. Close the existing driveway onto Black Cat Road with sidewalk to match the improvements on either side, as proposed. 6. Construct a 30-foot wide curb return private road onto Aviator Street located 265-feet east of Black Cat Road aligned with a driveway on the south side of the roadway across from the site. 7. Construct a 25-foot wide emergency access only driveway onto Black Cat Road located 100-feet south of the north property line, as proposed. Restrict the driveway to emergency access only with a gate or bollards as determined by the Meridian Fire Department. 8. Other than access specifically approved with this application, direct lot access onto Black Cat Road and Aviator Street is prohibited and should be noted as such on the final plat. 9. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 10. Payment of impact fees is due prior to issuance of a building permit. 11. 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. 10 Hensley Station/ MPP19-0032/H-2019-0120 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 OR Appeal Guidelines 11 Hensley Station/ MPP19-0032/H-2019-0120 VICINITY MAP 12 Hensley Station/ MPP19-0032/H-2019-0120 SITE PLAN 13 Hensley Station/ MPP19-0032/H-2019-0120 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 Hensley Station/ MPP19-0032/H-2019-0120 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. 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 Pla n 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 u tility plans prior to Pre-Con being scheduled. Final Approval from Development Services is required prior to scheduling a Pre-Con. 15 Hensley Station/ MPP19-0032/H-2019-0120 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary and Clerk of the District, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 16 Hensley Station/ MPP19-0032/H-2019-0120 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.