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ACHD Staff ReportSara M. Baker, President John S. Franden, Vice President Rebecca W. Arnold, Commissioner Mitchell A. Jaurena, Commissloner J(m Hansen, Commissioner Date: July 23, 2013 To: The Traditions by Amyx II, LLP, (sent via email) 13967 West Wainwright Drive, Suite 102 Boise, Idaho, 83713 Subject: Zebulon Commons South of McMillan Road, West of Eagle Road On July 23, 2013 the Ada County Highway District Staff acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at (208) 387-6218. Sincerely, Lauren Watsek Planner I Development Services Ada County Highway District CC: Project file City of Meridian, (sent via email) Becky McKay (sent via email) Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 206-387-fi100 • FX 345-7650 • www.achdidaho.org Development Services Department Project/File: Zebulon Commons Subdivision (MPP-13-017) The applicant is requesting preliminary plat approval of a 38 lot residential subdivision on 13.56 acres. Lead Agency: City of Meridian Site address: South of McMillan Road, West of North Eagle Road Staff Approval: July 23, 2013 Applicant: Mark Thompson The Traditions by Amyx II, LLP 13967 W. Wainwright Dr., Suite 102 Boise, ID 83713 Representative: Becky McKay Engineering Solutions, LLP 1029 North Rosario Street, Suite 100 Meridian, ID 83642 Staff Contact: Lauren Watsek Phone: 387-6218 E-mail: Iwatsek~ achdidaho.oro A. Finding s of Fact Description of Application: The applicant is requesting preliminary plat approval consisting of 38 residential building lots and 4 common lots on 13.56 acres of land with an R-4 zoning district (Medium low-density residential) for Zebulon Commons Subdivision. The property is currently zoned R-8 (Medium-density residential district). The applicant's proposal is consistent with the comprehensive plan for the City of Meridian. 2. Description of Adjacent Surrounding Area: Direction Land Use Zonin North Sin le Famil Residential R-1 B South Medium Low-Densi Residential District R-4 East Sin le Famil Residential R-iC West Medium Low-Densi Residential District R-4 3. Site History: ACHD has not previously reviewed this site for a development application. Zebulon Commons 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: Milford Creek Subdivision, located to the east of the site, and Zebulon Village, located to the west, are in various stages of development. 5. Transit: Transit services are not available to serve this site. 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. 7. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP): • The intersection of McMillan Road and Eagle Road/SH-55 is scheduled in the Five Year Work Plan to be widened to 7 lanes on the north leg, 7 lanes on the south, 7 lanes east, and 7 lanes on the west leg, and signalized in 2015. • McMillan Road is listed in the Capital Improvements Plan to be widened to 5 lanes from Locust Grove Road to Eagle Road/SH-55 between 2017 and 2021. • The intersection of McMillan Road and Eagle Road/SH-55 is listed in the Capital Improvements Plan to be widened to 7 lanes on the north leg, 7 lanes on the south, 7 lanes east, and 7 lanes on the west leg, and signalized in 2015. B. Traffic Findings for Consideration t. Trip Generation: This development is estimated to generate 380 additional vehicle trips per day (10 existing); 38 additional vehicle trips per hour in the PM peak hour (1 existing), based on the Institute of Transportation Engineers Trip Generation Manual, 9'h edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) Functional PM Peak PM Peak Existing Roadway Frontage Classification Hour Hour Level Plus Traffic Count of Service Pro"ect **Eagle Principal Road/SH-55 none Arterial 1885 N/A N/A McMillan none Minor Arterial 556 Better than Better Road "D" than"D" Wainwright 674 feet Residential 91 Better than Better Drive Collector "D" than "D" Milford Drive none Local N/A N/A N/A * Acceptable level of service for athree-lane minor arterial is "D" (720 VPH) * Acceptable level of service for atwo-lane collector is "D" (425 VPH). ** ACHD does not set level of service thresholds for State Highways. 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 Eagle Road/SH-55 north of Ustick Road was 48,757 on August 5, 2010. The average daily traffic count for McMillan Road west of Eagle Road/ SH-55 was 9,263 on June 22, 2011. 2 Zebulon Commons The average daily traffic count for Wainwright Drive west of Eagle Road/ SH-55 was 1,761 on May 25, 2010. C. Findings for Consideration 1. Wainwright Drive a. Existing Conditions: Wainwright Drive is improved with 2 travel lanes, a 36 foot street section, vertical curb, gutter, and 7 foot wide attached sidewalk abutting the site. There is 50 feet of right-of-way for Wainwright Drive (18 feet from centerline). A traffic signal at the intersection of Wainwright Drive and SH-55/Eagle Road was installed by ITD in July 2013. 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. Residential Collector Policy: District policy 7206.5.2 states that the standard street section for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. 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. c. Applicant Proposal: The applicant is not proposing any improvements to Wainwright Drive abutting the site. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy, as Wainwright Drive is already fully improved, and should be approved as proposed. Consistent with ACHD's Minor Improvement Policy, the applicant should be required to correct deficiencies or replace deteriorated facilities, such as sidewalk, curb, gutter, pedestrian ramps, etc. on Wainwright Drive abutting the site. 2. Internal Roads a. Existing Conditions: There are no roads 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 50-feet wide and that the standard street section shall be 36-feet (back-of-curb to back-of-curb). The District will consider the utilization of a street width less than 36-feet with written fire department approval. Standard Urban Local Street-36-foot to 33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that 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 concrete sidewalks on both sides Zebulon Commons and shall typically be within 50-feet of right-of-way. The District will also consider the utilization of a street width less than 36-feet with written fire department approval. Most often this width is a 33-foot street section (back-of-curb to back- of-curb) for developments with any buildable lot that is less than 1 acre in size. 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 infra-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 S-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District's Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. c. Applicant's Proposal: The applicant is proposing all internal streets be constructed as 36 foot street sections with rolled curb, gutter, 6 foot wide landscape buffers, and 5 foot detached sidewalks. A four foot section of the sidewalk is proposed to be located outside of the 50 foot right-of-way. d. Staff Comments/Recommendations: The applicant's proposal to construct internal streets as 36 foot street sections with rolled curb, gutter, 6 foot wide landscape buffers, and 5 foot detached sidewalks meets District Policy and should be approved as proposed. The applicant should be required to provide a permanent right-of-way easement for sidewalk 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. Zebulon Commons 3. Roadway Offsets a. Existing Conditions: There are no roadway offsets at the site. b. Policy: Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a minimum offset of 125- feetfrom any other street (measured centerline to centerline). c. Applicant's Proposal: The applicant is proposing all local internal roadways provide a minimum offset of 125 feet from any other street (measured centerline to centerline). d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved as proposed. 4. Stub Street a. Existing Conditions: Milford Drive stubs to the east property line of the site. b. Policy: Stub Street Policy: District policy 7207.2.4 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, 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 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 anon-buildable lot until the street is extended. c. Applicant Proposal: The applicant is proposing to construct one stub street, Milford Street, as a 36 foot street section with curb, gutter, 6 foot wide landscape buffer and 5 foot wide detached sidewalks, to intersect Chelmsford Way, approximately 324 feet south of Meadowdale Street and stub at the west edge of the property. d. Staff Comments/Recommendations: The applicant's proposal to construct Milford Street as a 36 foot street section with curb, gutter, 6 foot wide landscape buffer and 5 foot wide detached sidewalk meets District Policy and should be approved as proposed. As the length of Milford Street is proposed to be 144 feet (measured centerline to near edge), the applicant is not required to construct a temporary turnaround. The applicant shall be required to install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE:' Zebulon Commons 5. Driveways 5.1 Wainwright Drive a. Existing Conditions: A 20 foot wide driveway onto Wainwright Drive is located approximately 87 feet west of the east edge of the property. The existing driveway is offset 50 feet from an existing driveway to the east. b. Policy: Access Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on collector roadways with a speed limit of 20 MPH and daily traffic volumes greater than 200 VTD to align or offset a minimum of 245-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7206.4.6, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7206.4.6. 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. c. Applicant's Proposal: The applicant is proposing no changes or improvements to the existing 20 foot wide driveway onto Wainwright Drive. Staff Comments/Recommendations: The applicant's proposal for the existing 20 foot wide driveway onto Wainwright Drive to remain should be approved in order to serve the remaining residence. The applicant should be required to pave the existing driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway, consistent with District Driveway Paving Policy. 6. 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. 6 Zebulon Commons 7. 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. D. Site Specific Conditions of Approval 1. Correct deficiencies or replace deteriorated facilities along Wainwright Drive abutting the site, such as sidewalk, curb, gutter, pedestrian ramps, etc. 2. Construct all intemal streets as proposed, with 36 foot street sections with rolled curb, gutter, 6 foot wide landscape buffers, and 5 foot detached sidewalks. 3. Provide a permanent right-of-way easement for sidewalk placed outside of the dedicated right-of- wayfor all internal roads. The easement shall encompass the entire area between the right-of- way line and 2 feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. 4. Provide a minimum offset of 125 feat from any other street for all local internal roadways, as proposed (measured centerline to centerline). 5. Construct Milford Street as a 36 foot street section with curb, gutter, 6 foot wide landscape buffer and 5 foot wide detached sidewalk with a length of 144 feet (measured centerline to near edge), as proposed. 6. Install a sign at the terminus of the stub street, Milford Street, stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7. Pave the existing driveway onto Wainwright Drive its full width and at least 30 feet into the site beyond the edge of pavement of the roadway. 8. Payment of impacts fees are due prior to issuance of a building permit. 9. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 2. Private sewer or water systems are prohibited from being located within the ACRD 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 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. 7 Zebulon Commons 6. Ali 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 ACRD 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 ACRD 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 ACRD. 12. If the site plan or use should change in the future, ACRD 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 ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/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. ACRD 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 8 Zebulon Commons Zebulon Commons 1- ir1 •'s 1F ,YCa. _ ar;F.-n J •• '-• 1 /AS r yam.. 1~ -•VGU,v'~ T:iA-i/ ~T~6o }4aW+~-va r~38'aaxaa.a cv, j~ ~`I~ Y , L'J~ i ' I '..`fyVi ~ •Y r ~= _. ,'l.'AS T ~ r 1~ I' ~~ ~WU~ I '!~~(~`~•`r ~U1LV~. WlM1 1 [ ~ ` 55 1 j - j ~ ` ~ ~ " 11'.fimW.a®•}p Ij~;{I~ . ; "'""~Pw:" 11 A 11. ~+" rc BP 11 r I' I 1 w, 1, -. 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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 a-mail notification information. 11 Zebulon Commons eveloprnent 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 ACRD 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 ilme. ®Wdte a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^Wdte 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 rev(ew by the Development Review Section for plan review and assessment of impact tees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of Impact fee assessment.) • Tha 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 ACRD Right•of-Way Four business days prior to starling 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, it trench is >50' or you are placing >600 s(of concrete or asphalt. Construction (Subdivisions) ^ Sediment & Erosion Submittal • At least one week prior to setting up aPre-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 Stormwaler 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 toscheduling aPre-Con, 12 Zebulon Commons 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 ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of factor 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 of Highway Systems, 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 ROWDS 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 ROWDS 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. 13 Zebulon Commons Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACRD 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 3:00 p.m. on the day 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 ACRD 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 ACRD 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. 14 Zebulon Commons