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2020-02-20 ACHD Staff Report Development Services Department CHD elolwlwara 10 Project/File: Lupine Cove Subdivision/ MPP19-0034/ H-2019-0133 This is an annexation and preliminary plat application to allow for the development of 27 building lots and 9 common lots on 7 acres with an existing residence. Lead Agency: City of Meridian Vicinity Map Site address: 4000 N. McDermott RoadFWMCM'II—a Commission $ w g Meeting: XXXX, 2020 "P Ftoe �3's r d 'Q9 WO tale. a' '-NP C Staff Approval: XXXX, 2019 ,P". Applicant: Penelope Constantikes _ t Riley Planning Services P.O. Box 405 d Boise, ID 83701 E - i Representative: Same as applicant Staff Contact: Paige Bankhead, E.I. , Phone: 387-6293 E-mail: pbankhead@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is proposing to annex 7.09 acres with an R-4 zoning district and subdivide the property into 27 buildable lots,with an existing residence, and 9 common lots. The proposal is consistent with the City of Meridian's Comprehensive Plan that designates this area as medium density residential. 2. Descri tion of Adjacent Surrounding Area: Direction I Land Use Zoning North Medium Density Residential R-8 South Rural Urban Transition Ada Count RUT East Medium Density Residential R-8 West Medium Density Residential R-8 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: 1 DRAFT Lupine Cove Subdivision/ MPP19-0034/ H-2019-0133 • Aegean Subdivision, 215 single family building lots and 22 common lots on 63 acres north of the site and approved by ACHD on September 7, 2017. • Gander Creek Subdivision, 401 residential building lots, 60 common lots (4 lots for ITD facilities and 1 lot for a future fire station & police sub-station) on 117 acres, northwest of the site, approved by ACHD on April 23, 2019. 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: The proposed development includes 0.17 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): • The intersection of McMillan Road and McDermott Road is listed in the CIP to be widened to 3-lanes on the north leg, 4-lanes on the south, 3-lanes east, and 3-lanes on the west leg, and signalized between 2031 and 2035. • McMillan Road is listed in the CIP to be widened to 3-lanes from McDermott Road to Black Cat Road between 2031 and 2035. • McMillan Road is listed in the CIP to be widened to 3-lanes from McDermott Road to Star Road between 2031 and 2035. • The intersection of Ustick Road and McDermott Road is listed in the CIP to be widened to 3- lanes on the north leg, 3-lanes on the south, 4-lanes east, and 4-lanes on the west leg, and signalized between 2031 and 2035. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 245 additional vehicle trips per day (10 existing); 27 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) Functional PM Peak PM Peak Roadway Frontage Classification Hour Hour Level Traffic Count of Service McDermott Road 340-feet Collector 120 Better than "D„ * Acceptable level of service for a two-lane collector is "D" (425 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on the most up to date traffic counts. • The average daily traffic count for McDermott Road north of Ustick Road was 913 on March 20, 2018. C. Findings for Consideration 1. SH-16 Extension The Idaho Transportation Department is in the process of designing the Idaho 16, I-84 to South Emmett Corridor. The project is planned to extend Idaho 16 south from Idaho 44 (State Street) to 2 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 connect to 1-84 between Nampa and Meridian. As western Ada County and eastern Canyon County develop, the ability to move traffic north-south is a primary concern. A connection between the highways requires a new crossing over the Boise River. Access options for 1-84 are limited by the existing Garrity Interchange west of McDermott Road and the Ten Mile Road Interchange to the east. This project is anticipated to greatly improve north-south mobility in western Ada County and eastern Canyon County. Idaho 16,1-84 to South Emmett Corridor 52 Emmett M 55 16 26 Middleton 44 Caldwell 20 26 55 Boise / Meridian { �• Nampa Lake 45 Lowell 69 Staff Comments/Recommendations: The applicant should coordinate with the Idaho Transportation Department (ITD). The applicant, the City of Meridian and ITD should work together to determine if additional right-of-way or improvements are needed. 2. McDermott Road a. Existing Conditions: McDermott Road is improved with 2-travel lanes, 24-feet of pavement and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for McDermott Road (25-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. 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 3 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 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. 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, collector street requirements, and specific roadway features required through development. This segment of McDermott Road is designated in the MSM as a Residential Collector 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 construct a 5-foot wide detached sidewalk abutting the site along McDermott Road outside right-of-way, located approximately 31-feet from the centerline of McDermott Road abutting the site. d. Staff Comments/Recommendations: The applicant's proposal to construct the sidewalk meets District Policy and should be approved, as proposed. Consistent with the MSM, the applicant should be required to dedicate additional right-of-way to total 37-feet from centerline and improve McDermott Road as one-half of a 46-foot wide collector street section with vertical curb and gutter, and a 5-foot wide detached concrete sidewalk (or 7-foot attached) abutting the site, to match improvements that are required to the north with the Aegean Subdivision,. If detached sidewalks are constructed outside of the dedicated right-of-way, then a permanent right-of-way easement should be provided. 3. Internal Local Streets/Lupine Lane a. Existing Conditions:There are no local roads within the site.There is one local street, Patimos Avenue, proposed to stub the site's north property line. This stub street is not constructed yet and was approved as part of ACHD's action on Aegean Subdivision located directly north of 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. 4 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 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 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. 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 5 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. c. Applicant's Proposal: The applicant has proposed to construct Lupine Lane as a 36-foot wide street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way. The applicant has also proposed 8 perpendicular parking stalls located partially within right-of-way with the sidewalk wrapped around the back side of the parking areas on the north side of Lupine Lane. The applicant has not proposed to extend the stub street from the Aegean Subdivision into the site. d. Staff Comments/Recommendations: The proposed street section does not meet District policy and should not be approved, as proposed. The applicant should be required to construct Lupine Lane as a 33-foot wide local street section with rolled curb, gutter and 5-foot wide attached concrete sidewalks. The applicant may also construct a detached sidewalk with a parkway strip at least 8-feet wide between the back-of-curb and the street edge. If detached sidewalks are constructed outside of the dedicated right-of-way, then a permanent right-of-way easement should be provided. The proposed perpendicular parking stalls will not be approved, as proposed. If parking is needed to service the site, then off street parking should be provided. As part of ACHD's action on the Aegean Subdivision to the north, a stub street, Patimos Avenue is required to be constructed to the site's north property line. Consistent with ACHD's prior action and ACHD's Continuation of Streets policy, the applicant should be required to extend the stub street, Patimos Avenue into the site. Patimos Avenue should be located 250-feet east of McDermott Road and be constructed as a 33-foot wide local street section with rolled curb, gutter and 5-foot wide attached concrete sidewalks. The construction of the stub street will require the construction of a crossing over the McFadden Drain which runs east/west along the site's north property line and is split by the property line. If Lupine Cove moves forward with final platting before the Aegean Subdivision, then, the applicant would be required to submit plans for extension of the stub street including the crossing and a road trust deposit for their half of the improvements. The construction of the stub street would then occur when the Aegean Subdivision develops. If the Aegean Subdivision moves forward first and removes the stub street at the site's north property line at the time of the final plat, then the applicant would not be required to construct the stub street or a public street in that location. 4. Stub Streets a. Existing Conditions: There is one local street, Patimos Avenue, proposed to stub the site's north property line. This stub street is not constructed yet and was approved as part of ACHD's action on Aegean Subdivision located directly north of the site. b. Policy: Stub Street Policy: District policy 7207.2.4.3 (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 77207.2.4 (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: 6 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 • 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: 7207.2.4.4 (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 has proposed to construct one stub street to the south, Lupine Lane, located approximately 200-feet to the west of the southeast property line, as well as a paved turnaround with a 50-foot radius on Lot 15. Six perpendicular parking spaces have been proposed off the turnaround. Staff Comments/Recommendations: The applicant's proposal to stub Lupine Lane to the site's south property line and construct the turnaround meets District Policy and is approved as proposed, except for the proposed parking. Parking is not allowed within or off of a temporary turnaround and is not approved as proposed. The applicant should be required to install a sign at the terminus stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." The stub street will be stubbing to unopened right-of-way that cannot be vacated as part of this application as it was not part of the initially developed parcel. The unopened right-of-way will remain as is until the parcels within the Apple Valley Subdivision redevelop. The applicant should be required to grant a temporary turnaround easement to the District for any portion of the cul-de-sac which extends beyond the dedicated street right-of-way. In the instance where a temporary easement extends into a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as non-buildable lot until the street is extended. 5. Roadway Offsets a. Existing Conditions: There are no roadway offsets within the site. b. Policy: Collector Offset Policy: District policy 7206.4.5, states that the preferred spacing for a new local street intersecting a collector roadway to align or offset a minimum of 330-feet from any other street (measured centerline to centerline). 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 construct one street, Lupine Lane, to intersect McDermott Road, approximately 786-feet north of Becky Drive. d. Staff Comments/Recommendations: The applicant's proposal meets District policy and should be approved, as proposed. 6. Driveways 6.1 McDermott Road a. Existing Conditions:There is an existing residential driveway that intersects McDermott Road located 20-feet north of the south property line. b. Policy: 7 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 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 (Signalized Intersection): District policy 7206.4.3 requires driveways located on collector roadways near a signalized intersection to be located outside the area of influence;OR a minimum of 440-feet from the signalized intersection for a full-access driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only driveway. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway. 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 daily traffic volumes less than 100 VTD to align or offset a minimum of 150-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. c. Applicant's Proposal: The applicant has proposed to close the existing driveway onto McDermott Road 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. Unopened Right-of-Way There is 30-feet of unopened right-of-way abutting the site's south property line. This right-of-way was dedicated as part of the 1972 platting of the Apple Valley Subdivision located directly south of the site. Typically, when a developing parcel abuts an unopened right-of-way, the applicant is required to either vacate or improve it. However, during pre-application meetings the City of Meridian indicated that a public street in this location was not desired. The right-of-way cannot be vacated as part of this application as it was not part of the initially developed parcel. The unopened right-of-way will remain as is until the parcels within the Apple Valley Subdivision redevelop. 8 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 8. Bridge for McFadden Drain Crossing — Patimos Avenue The District will require that the applicant submit the bridge plans for the crossing of McFadden Drain for review and approval prior to the pre-construction meeting and final plat approval. If the stub street is removed at the site's north property line at the time of the final plat for Aegean Subdivision, then the applicant should not be required to construct the bridge for the connection. Note: all plan submittals for bridges or pipe crossings of irrigation facilities should be submitted to ACHD for review no later than December 15t"for construction in the following year prior to irrigation season. 9. 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. 10. 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. 11. Other Access McDermott Road is classified as a collector 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 additional right-of-way to total 37-feet from centerline of McDermott Road abutting the site. If detached sidewalks are constructed outside of the dedicated right-of-way, then a permanent right-of-way easement should be provided 2. Construct McDermott Road as half of a 46-foot street section with vertical curb, gutter, and a 5- foot wide detached (or 7-foot wide attached) concrete sidewalk abutting the site. 3. Construct Lupine Lane to intersect McDermott Road, located 786-feet north of Becky Drive, as proposed. 4. Construct Lupine Lane as a 33-foot street section with rolled curb, gutter and 5-foot wide attached concrete sidewalks. A detached sidewalk with a parkway strip at least 8-feet wide between the back-of-curb and the street edge may be constructed. If detached sidewalks are constructed outside of the dedicated right-of-way, then a permanent right-of-way easement should be provided. 5. Extend the stub street to the site's north property line, Patimos Avenue, into the site. Constructed Patimos Avenue 250-feet east of McDermott Road as a 33-foot wide local street section with rolled curb, gutter and 5-foot wide attached concrete sidewalks. If the stub street is removed at the site's north property line at the time of the final plat for Aegean Subdivision, then the stub street extension and bridge construction into the site are not required. 6. Construct one stub street to the south, Lupine Lane, located 200-feet to the west of the property's southeast corner. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 9 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 7. Construct a paved temporary turnaround meeting the dimensional requirements of a standard cul- de-sac at the terminus of the stub street. Provide a temporary turnaround easement to the District for any portion of the cul-de-sac which extends 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. 8. Close the existing driveway onto McDermott Road with sidewalk to match improvements on either side. 9. Submit the bridge plans for the crossing of the McFadden Drain (Patimos Avenue) 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 15t" for construction in the following year prior to irrigation season. If the stub street is removed at the site's north property line at the time of the final plat for Aegean Subdivision, then the stub street extension and corresponding bridge plans into the site are not required. 10. Direct lot access onto McDermott Road is prohibited and should be noted on the final plat. 11. 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. 12. Payment of impact fees is due prior to issuance of a building permit. 13. 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 10 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 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 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 VICINITY MAP : r W.McMillan.Rd E as Fla Q. n a : �C 12 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 SITE PLAN 29. LUPINE COVE SUBDIVISION AWN0 AND SIBAG,YS If! ��''� w..f .saww�rtr+•:rrexe£ae crn*'re raweueu r°w i'mcarrwo*r eo.uex:o.•,.x x,were �v nnou�nur - '7�' I REFERENCES vc xr,✓.x„m %w err er Mr ZZN xw,Jr w"scrncYr P,� e. m.rv�a,•.soar an „ rr�olui—cou� aoA— ov BASIS OF BEARIMO �.w.rim ..iar QFIVO?X WX NOMn! laoe, `ova [ec„eeN rumor vaowvoars �a ..e, ffiw ."i°Y`r..uv`eSul cmrnarw iv sciIuhs se ar,u w as w 1 w y - O "4l 7 a31O ' 1.025 lA /� wsr wletl I - k 4.C1 1 a `1`l1 ,1 F" AMe'IWO OAi[}r/bT/ZOr° .. 0 -Q k R Q 1 _ _ •na.ar. ,mq e. .Mae sr. law er. +.rx or. n a w u.. .. � Ja. -ro as•. r ar— — - ." { Al—vrrx[r suarb4w f... I ,IeJC£ O 13 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 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 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 Development Process Checklist Items Completed to Date: ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ❑Send a"No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Items to be completed by Applicant: ❑For ALL development applications, including those receiving a"No Review" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services(ACHD)for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction(Non-Subdivisions) ❑ Driveway or Property Approach(s) • Submit a "Driveway Approach Request"form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑ Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application"to ACHD Construction—Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction(Subdivisions) ❑ Sediment& Erosion Submittal • At least one week prior to setting up a Pre-Construction Meeting an Erosion &Sediment Control Narrative& Plan,done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ❑ Final Approval from Development Services is required prior to scheduling a Pre-Con. 15 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 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 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133 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. 17 DRAFT Lupine Cove Subdivision/ MPP19- 0034/ H-2019-0133