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2019-12-23 ACHD Staff Report   1 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP Development Services Department Project/File: Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP This is an annexation with rezoning from RUT to R-8 and a preliminary plat application consisting of 118 lots on 27.9-acres. Lead Agency: City of Meridian Site address: North of Amity Road and west of Cloverdale Road Staff Approval: December 23, 2019 Applicant: Shelburne Properties, LLC Randy Clarno 7629 E Pinnacle Peak Road, #110 Scottsdale, AZ 85255 Representative: Civil Innovations, PLLC Ben Thomas 1043 E Park Boulevard, Ste. 101 Boise, ID 83712 Staff Contact: Stacey Yarrington, Planner III Phone: 387-6171 E-mail: syarrington@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of an annexation with rezone from RUT (Rural Urban Transition) to R-8 (Medium density Residential) and a preliminary plat application consisting of 99 buildable lots and 19 common lots on 27.9-acres. The applicant’s proposal is consistent with the City of Meridian’s Future Land Use Map. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium-low density Residential/ Medium density Residential R-4, R-8 South Rural Urban Transition (Ada County) RUT East Southwest Community Residential (Ada County), Medium-high density Residential (Ada County) RSW, R8 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: • Shelburne East, a 101 residential lot development located directly north of the site was approved by ACHD in December 2018. 2 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP • Crosswinds, a 36 single-family lot and 28-unit multi-family development located east of the site was approved by ACHD in June 2018. 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: The proposed development includes 1.75 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. The impact fee assessment will not be released until the civil plans are approved by ACHD. 8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Amity Road to Victory Road in 2021; including the intersection of Eagle Road and Zaldia Road to be reconstructed as a roundabout. • Amity Road is listed in the CIP to be widened to 3-lanes from Eagle Road to Cloverdale Road between 2026 and 2030. • Cloverdale Road is listed in the CIP to be widened to 5-lanes from Amity Road to Victory Road between 2021 and 2025. • The intersection of Amity Road and Cloverdale Road is listed in the CIP to be widened to 4- lanes on the north leg, 4-lanes on the south, 2-lanes east, and 2-lanes on the west leg, and signalized between 2021 and 2025. • The intersection of Amity Road and Eagle Road is listed in the CIP to be widened to 6-lanes on the north leg, 5-lanes on the south, 5-lanes east, and 6-lanes on the west leg, and signalized between 2021 and 2025. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 907 additional vehicle trips per day (28 existing); 96 additional vehicle trips per hour in the PM peak hour (3 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 principal arterial is “E” (690 VPH). * Acceptable level of service for a three-lane principal arterial is “E” (880 VPH). * Acceptable level of service for a two-lane minor arterial is “E” (575 VPH). * Acceptable level of service for a three-lane minor arterial is “E” (720 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Eagle Road (2/3-lanes) 0-feet Principal Arterial 663 Better than “E” Amity Road (2-lanes) 904-feet Minor Arterial 494 Better than “E” Cloverdale Road (2/3-lanes) 0-feet Minor Arterial 734 “F” 3 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP • The average daily traffic count for Eagle Road north of Amity Road was 13,452 on 09/14/2017. • The average daily traffic count for Amity Road west of Cloverdale Road was 9,487 on 08/28/2019. • The average daily traffic count for Cloverdale Road north of Amity Road was 12,580 on 06/14/2017. C. Findings for Consideration 1. Area Roadways a. Policy: Alternative Mitigation Measures: 7106.7.3 states that if traditional mitigation measures such as roadway widening and intersection improvements are infeasible as determined by ACHD, the TIS may recommend alternative mitigation measures. Alternative mitigation measures shall demonstrate that impacts from the project will be offset. • If the impacted roadway segments and/or intersections are programmed as funded in the Integrated Five Year Work Plan (IFYWP) or the Capital Improvements Plan (CIP); no alternative mitigation is required. • If the impacted roadway segments and/or intersections are not programmed in either the IFYWP or the CIP; the applicant may (i) analyze the shoulder hour and (ii) provide a safety analysis to determine alternative mitigation requirements. o If the impacted roadway segments and intersections meet the minimum acceptable level of service planning thresholds in the shoulder hour the applicant may suggest feasible alternative mitigation such as: sidewalks, bike facilities, connectivity, safety improvements, etc. within 1.5 miles of the proposed development. o If the shoulder hour planning thresholds are exceeded the applicant may request to enter into a Development Agreement and pay into the Priority Corridor Fund an amount determined by the ACHD to offset impacts from the project. • Alternative Mitigation may also include: o Revision to the Phasing Plan to coincide with the District’s future Capital Projects. o Reducing the scope and/or scale of the project Level of Service Planning Thresholds: District Policy 7205.3.1 states that, Level of Service Planning Thresholds have been established for principal arterials and minor arterials within ACHD’s Capital Improvement Plan and are also listed in section 7106. Unless otherwise required to provide a Traffic Impact Study under section 7106, a proposed development with site traffic less than 10% of the existing downstream roadway or intersection peak hour traffic shall not be required to provide mitigation for a roadway or intersection that currently exceeds the minimum acceptable level of service planning threshold or V/C ratio. Cloverdale Road currently exceeds the acceptable planning level of service threshold “F” for a 2/3-lane Minor Arterial. Cloverdale Road, between Amity and Victory, is listed as having an existing 3-lane deficiency in the CIP. This section is scheduled in the IFYWP be widened to 5 lanes in the future. The intersection at Amity Road and Cloverdale Road is currently operating at acceptable LOS D or better. Acceptable level of service for this intersection is LOS E or better. The intersection of Amity Road and Eagle Road operates at LOS C. Acceptable level of service for this intersection is LOS E or better. Therefore, as Cloverdale Road is scheduled in the IFYWP and the intersections are operating within acceptable levels of service, mitigation to Cloverdale Road is not required as part of this application. 4 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP 2. Traffic Impact Study District policy 7206.1 requires a traffic impact study for developments consisting of 100 or more single family building lots, or that generates 100 or more new trips in the PM peak hour. The proposed development is just under that threshold with 99 single family building lots and 97 trips in the PM peak hour. Additionally, this development will extend and tie into stub streets that may add additional traffic within the site. Therefore, in absence of a traffic impact study or traffic analysis; the applicant should be required to construct a center turn lane on Amity Road at the Amorita Avenue intersection with the first phase of the development; or provide a turn lane analysis to ACHD for review prior to ACHD’s signature on the first final plat . If is it determined through the review of the turn lane analysis that a center turn lane is not warranted, then it would no longer be a requirement. 3. Amity Road a. Existing Conditions: Amity Road is improved with 26-feet of pavement, and no curb, gutter or sidewalk abutting the site. There is 55-feet of right-of-way for Arterial Roadway (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 Policy 7205.2.1 & 7205.5.2 states that the standard 3-lane street section shall be 46-feet (back-of-curb to back-of-curb) within 70 feet of right-of-way. This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. 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. 5 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP 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 Amity Road is designated in the MSM as a Residential Arterial with 3-lanes and on-street bike lanes, a 46-foot street section within 74-feet of right-of-way. c. Applicant Proposal: The applicant is proposing to dedicate additional right-of-way to total 48- feet of right-of-way on Amity Road abutting the site. The applicant is proposing to construct a 5-foot wide detached concrete sidewalk located 41- feet from centerline to face of sidewalk on Amity Road abutting the site. The applicant is proposing to improve Amity Road to 17-feet of pavement from centerline abutting the site. d. Staff Comments/Recommendations: The applicant’s proposal to dedicate a total 48-feet of right-of-way exceeds District MSM policy because Amity is proposed as a 3-lane Residential Arterial within 74-feet of right-of-way. Therefore, the applicant should be required to dedicate additional right-of-way to total 37-feet of right-of-way from centerline of Amity Road abutting the site. The applicant should be required to construct a 5-foot wide detached concrete sidewalk a minimum 30-feet from centerline along Amity Road abutting the site. If any sidewalk is placed outside of the dedicated right-of-way the applicant should be required to provide a permanent right-of-way easement to 2-feet behind back of sidewalk. The applicant’s proposal to improve Amity Road to 17-feet of pavement from centerline abutting the site meets District policy and should be approved, as proposed. 4. Internal Local Streets a. Existing Conditions: There are no existing streets internal to 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. Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development 6 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. Benefits of connectivity include but are not limited to the following: • Reduces vehicle miles traveled. • Increases pedestrian and bicycle connectivity. • Increases access for emergency services. • Reduces need for additional access points to the arterial street system • Promotes the efficient delivery of services including trash, mail and deliveries. • Promotes appropriate intra-neighborhood traffic circulation to schools, parks, neighborhood commercial centers, transit stops, etc. • Promotes orderly development. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the 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. Half Street Policy: District Policy 7207.2.2 required improvements shall consist of pavement widening to one-half the required width, including curb, gutter and concrete sidewalk (minimum 5-feet), plus 12-feet of additional pavement widening beyond the centerline established for the street to provide an adequate roadway surface, with the pavement crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the emergency service providers may require a greater radius. Landscape and parking islands may be constructed in turnarounds if a minimum 29-foot street section is constructed around the island. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. The developer shall provide written approval from the appropriate fire department for this design element. The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the agency providing emergency fire service for the area where the development is located. 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: 7 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP • 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’s Proposal: The applicant is proposing to construct the internal local streets as 33- foot street sections with curb, gutter, and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way. The applicant is proposing to construct the entrance of Amorita Avenue with two 21-foot wide travel lanes, a 10-foot wide median, curb, gutter, 8-foot wide parkway strip, and 5-foot wide detached concrete sidewalk within 81-feet of right-of-way. The applicant is proposing to terminate three streets in cul-de-sacs, Courvoisier Place, Arabian Court, and Amorita Place. The applicant is proposing each cul-de-sac with a 55-foot turning radius. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved, as proposed. The applicant should be required to construct the three proposed cul-de-sacs with a minimum 45-foot turning radius. 5. Roadway Offsets a. Existing Conditions: There are no existing streets internal to the site. b. Policy: Local Street Intersection Spacing on Minor 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 660-feet as measured from all other existing roadways as identified in Table 1a (7205.4.6). 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 a new local street, Amorita Avenue, to intersect Amity Road approximately 690-feet east of Hillsdale Avenue and 1,045- feet west of Willandra Way (measured centerline to centerline). The applicant is proposing to construct the internal local streets with a minimum 125-foot offset. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved, as proposed. 8 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP 6. Stub Streets a. Existing Conditions: There are no stub streets to the site. b. Policy: Stub Street Policy: District policy 7207.2.4 (local) 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 7207.2.5.4 (local), 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 (local) 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 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 two stub streets as follows: • A stub street, Taormina Drive, 120-feet in length to the west property line located approximately 505-feet north of Amity Road. • A stub street, Grayson Street, 115-feet in length to the east property line located approximately 216-feet north of Amity Road. 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 both stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7. Bridge for Nine Mile Creek Canal Crossing The District will require that the applicant submit the bridge plans for the crossing of the Nine Mile Creek Canal (Selatir Way) for review and approval prior to the pre-construction meeting and final plat approval. Note: all plan submittals for bridges or pipe crossings of irrigation facilities should be submitted to ACHD for review no later than December 15th for construction in the following year prior to irrigation season. 8. 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. 9. Landscaping 9 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP 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. 10. Other Access Amity Road is classified as a minor arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Construct a center turn lane on Amity Road at the Amorita Avenue intersection with the first phase of the development; or provide a turn lane analysis to ACHD for review prior to ACHD’s signature on the first final plat. If is it determined through the review of the turn lane analysis that a center turn lane is not warranted, then it will no longer be a requirement. 2. Dedicate additional right-of-way to total 37-feet of right-of-way from centerline of Amity Road abutting the site. 3. Construct a 5-foot wide detached concrete sidewalk a minimum 30-feet from centerline along Amity Road abutting the site. 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. 4. Improve Amity Road to 17-feet of pavement from centerline abutting the site. 5. Construct the internal local streets as 33-foot street sections with curb, gutter, and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way. 6. Construct the entrance of Amorita Avenue with two 21-foot wide travel lanes, a 10-foot wide median, curb, gutter, 8-foot wide parkway strip, and 5-foot wide detached concrete sidewalk within 81-feet of right-of-way. 7. Terminate three streets in cul-de-sacs, Courvoisier Place, Arabian Court, and Amorita Place with a minimum 45-foot turning radius. 8. Construct a new local street, Amorita Avenue, to intersect Amity Road 690-feet east of Hillsdale Avenue and 1,045-feet west of Willandra Way. 9. Construct the internal local streets with a minimum 125-foot offset. 10. Construct a stub street, Taormina Drive, 120-feet in length to the west property line located 505- feet north of Amity Road. 11. Construct a stub street, Grayson Street, 115-feet in length to the east property line located 216- feet north of Amity Road. 12. Install a sign at the terminus of both stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 13. Submit the bridge plans for the crossing of the Nine Mile Creek Canal (Selatir Way) for review and approval prior to the pre-construction meeting and final plat approval. 14. Direct lot access is prohibited to Amity Road and shall be noted on the final plat. 10 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP 15. 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. 16. Payment of impact fees is due prior to issuance of a building permit. 17. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. 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 11 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Appeal Guidelines 12 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP VICINITY MAP 13 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP SITE PLAN 14 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP 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 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP Development Process Checklist Items Completed to Date: Submit a development application to a City or to Ada County The City or the County will transmit the development application to ACHD The ACHD Planning Review Section will receive the development application to review The Planning Review Section will do one of the following: Send a “No Review” letter to the applicant stating that there are no site specific conditions of approval at this time. Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Items to be completed by Applicant: For ALL development applications, including those receiving a “No Review” letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non-Subdivisions) Driveway or Property Approach(s) • Submit a “Driveway Approach Request” form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a “Temporary Highway Use Permit Application” to ACHD Construction – Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50’ or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) Sediment & Erosion Submittal • At least one week prior to setting up a Pre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. Final Approval from Development Services is required prior to scheduling a Pre-Con. 16 Shelburne South/ MPP19-0028/ H-2019-0106/AZ/PP 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.