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2020-02-07 ACHD Draft Staff Report Development Services Department ACHD Project/File: Allmon Subdivision/ MPP19-0033/ H-2019-0135 This is an annexation and preliminary plat to allow for the development of 50 building lots and 7 common lots on 9.91 acres. Lead Agency: City of Meridian Site address: 5885 & 5875 Locust Grove Road Vicinity Map Staff Approval: January 31, 2019 Applicant: Todd Campbell Construction, Inc. P.O. Box 140298 'WOW � �F Boise, ID 83714 Representative: Same as above I Staff Contact: Paige Bankhead, E.I. 0' a �� Phone: 387-6293 n E-mail: pbankheadC@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is proposing to annex 9.91 acres with an R-8 zoning district and remove the 2 existing residences and subdivide the property into 50 building lots and 7 common lots. The City of Meridian Future Land Use Map designates this area as Medium Density. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium-Low Density Residential R-4 South Medium-Low Density Residential R-4 East Low Density Residential/Rural Urban Transition-Ada County R-2/RUT West Medium Density Residential R-8 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are not available to serve this site. 5. New Center Lane Miles: The proposed development includes 0.22 centerline miles of new public road. 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): 1 Allmon Subdivision/ MPP19-0033/ H-2019-0135 • The intersection of Locust Grove Road and Chinden Boulevard/US 20/26 is scheduled in the IFYWP to be widened on the north and south legs in conjunction with the Idaho Department of Transportation project in 2020. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from McMillan Road to Chinden Boulevard/US 20/26 between 2031 and 2035. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 472 additional vehicle trips per day (19 existing); 50 additional vehicle trips per hour in the PM peak hour (2 existing), based on the Institute of Transportation Engineers Trip Generation Manual, 10t" edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Functional PM Peak PM Peak Roadway Frontage Classification Hour Hour Level Traffic Count of Service Locust Grove Road 330-feet Minor Arterial 869 "F" * 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 Locust Grove Road north of Ustick Road was 17,255 on 10/10/2019. C. Findings for Consideration 1. Level of Service Planning Thresholds a. Existing Conditions: The level of service for Locust Grove Road with the existing the PM peak hour traffic count is currently "F". Locust Grove Road is improved with 2-travel lanes and 5-foot wide detached sidewalk abutting the site. There is 55-feet of right-of-way for Locust Grove Road (25-feet from centerline). b. Policy: 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. 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. 2 Allmon Subdivision/ MPP19-0033/ H-2019-0135 • 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. c. Staff Comments/Recommendations: Locust Grove Road currently exceeds ACHD's acceptable level of service planning level threshold for a 2-lane minor arterial roadway during the PM peak hour. The site traffic is approximately 6% of the total traffic entering this segment of Locust Grove Road. Therefore, consistent with District policy 7205.3.1 Lever of Service Planning Threshold, which states, 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; no improvements are required at this intersection. 2. City of Meridian Pathways Master Plan The eastern boundary of the site adjacent to Locust Grove Road is designated in the City of Meridian's Pathways Master Plan as an on-street pathway. The pathway is specified to be a 10- foot wide concrete or asphalt pathway. The pathway is designed to accommodate two-way bicycle and pedestrian traffic. 3. Locust Grove Road a. Existing Conditions: Locust Grove Road is improved with 2-travel lanes and 5-foot wide detached sidewalk abutting the site. There is 55-feet of right-of-way for Locust Grove 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. 3 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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 74 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. 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). Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Locust Grove Road is designated in the MSM as a Residential Arterial with 3-lanes and on-street bike lanes, a 46-foot street section within 74-feet of right-of-way. c. Applicant Proposal: The applicant has proposed to dedicate 10-feet of additional right-of-way to total 35-feet of right-of-way from the centerline of Locust Grove Road and replace the existing 5-foot wide detached concrete sidewalk with a 10-foot wide detached concrete sidewalk within right-of-way, as specified in the City of Meridian's Master Pathway Plan for on street routes abutting the site. d. Staff Comments/Recommendations: The applicant's proposal to construct the 10-foot wide detached concrete sidewalk exceeds District Policy and is consistent with the City of Meridian's Pathways Master Plan and should be approved, as proposed. The sidewalk should be located 4 Allmon Subdivision/ MPP19-0033/ H-2019-0135 a minimum of 30-feet from the centerline of Locust Grove Road abutting the site. The applicant may place the sidewalk outside of the right-of-way and provide a permanent right-of-way easement. The easement should encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. The sidewalk must be wholly within right-of-way or wholly within an easement. The applicant should also be required to dedicate additional right-of-way to total 37-feet from centerline of Locust Grove Road abutting the site and widen Locust Grove to a minimum of 17- feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. The applicant is eligible for right-of-way compensation for the right-of-way dedication, per District Policy, because this segment of Locust Grove Road is listed in the CIP. 4. Internal Local Streets a. Existing Conditions: There are no local roadways within the site. Dehaas Avenue stubs to the site's south property line and Starry Night Avenue stubs to the site's north property line. 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 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 5 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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. 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. c. Applicant's Proposal: The applicant has proposed to extend and continue Dehaas Avenue and Starry Night Avenue into the site and construct Azan Street to connect them. The applicant has proposed to construct these internal local roads as a 33-foot wide street section with rolled curb, gutter, 8-foot parkway strip within 47-feet of right-of-way with 5-foot detached concrete sidewalks outside of right-of-way. The applicant has proposed 1 cul-de-sac turnaround at the terminus of Azan Street with a 55- foot radius and 1 knuckle. 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 for sidewalks located outside of the 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. Roadway Offsets a. Existing Conditions: There are no roadways within the site. b. Policy: Local Offset Policy: 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 has proposed to offset Starry Night Avenue approximately 685-feet to the east of Dehaas Avenue on Azan Street. 6 Allmon Subdivision/ MPP19-0033/ H-2019-0135 d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved, as proposed. 6. Driveways 6.1 Locust Grove Road a. Existing Conditions: There are two existing residential driveways from the site onto Locust Grove Road. b. Policy: Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1 a 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 1 a, requires driveways located on minor arterial roadways with a speed limit of 40 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 driveways with sidewalk to match improvements on either side. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved, as proposed. 7 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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 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 Locust Grove Road is classified as a minor 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. Dedicate right-of-way to total 37-feet from centerline of Locust Grove Road abutting the site. Compensation will be provided for this right-of-way dedication. 2. Widen the pavement on Locust Grove Road to a minimum width of 17-feet from centerline plus a 3- foot wide gravel shoulder adjacent to the entire site. 3. Construct a 10-foot wide concrete sidewalk located a minimum of 30-feet from the centerline of Locust Grove Road abutting the site. The applicant may place the sidewalk outside of right-of-way and provide a permanent right-of-way easement. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. The sidewalk must be wholly within right-of-way or wholly within an easement. 4. Extend Dehaas Avenue and Starry Night Avenue into the site and construct the internal local roads as 33-foot wide street sections with rolled curb, gutter, 8-foot parkway strip within 47-feet of right-of- way with 5-foot detached concrete sidewalks outside of right-of-way, as proposed. The applicant may construct attached 5-foot wide concrete sidewalks. Provide a permanent right-of-way easement for sidewalks located outside of the 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. Construct 1 cul-de-sac turnaround with a minimum radius of 45-feet at the terminus of Azan Street, as proposed. 6. Construct 1 knuckle, as proposed. 7. Close the 2 existing residential driveways onto Locust Grove Road with pavement widening and sidewalk to match improvements on either side, as proposed. 8. Direct lot access is prohibited to Locust Grove Road and shall be noted 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. 8 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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. 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. 9 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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 10 Allmon Subdivision/ MPP19-0033/ H-2019-0135 VICINITY MAP k fl1 Y $ E-TowniinE -�-•••�•- � o' zQ r m E liar#Pilo '• E U, Z �; 4E,f .ECG olden- , Oak # in t -u pasa - E_�ammand r-St EL Aran- t EDun od �' E;Tutu t t E�Tut#I E•t = cJ— , —— M it - _ - a � 4 egun S _ " E man-Pedro E. E�Handel 5t.-._ 11 Allmon Subdivision/ MPP19-0033/ H-2019-0135 SITE PLAN io LJ � 5 Y 12 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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. 13 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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. 14 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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. 15 Allmon Subdivision/ MPP19-0033/ H-2019-0135 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 meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 16 Allmon Subdivision/ MPP19-0033/ H-2019-0135