PZ - ACHD Approved Staff Report1
Charlene Way
From:Sonya Allen
Sent:Thursday, October 05, 2017 1:56 PM
To:Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill
Subject:Linder Mixed Use - ACHD Report
Attachments:MER17-0071 Linder Mixed Use.pdf
Please include in the file. thx
From: Mindy Wallace [ mailto:Mwallace@achdidaho.org ]
Sent: Thursday, October 05, 2017 1:13 PM
To: Trevor Gasser ( trevor@tgirealestate.com )
Cc: Sonya Allen
Subject: Linder Mixed Use
Trevor,
Attached is the approved ACHD staff report for your annexation and rezone application for your Linder Mixed User
project.
Please let me know if you have any questions.
Mindy
Mindy Wallace, AICP
Planner III
Ada County Highway District
208-387-6178
1 Linder Mixed Use/ MER17-0071
Development Services Department
Project/File: Linder Mixed Use/ MER17-0071/ H-2017-0095
This is an annexation, zoning, and rezone application to allow for the development of
3 commercial building lots, and 113 multi-family units on 8 acres.
Lead Agency: City of Meridian
Site address: 5960 & 5940 N. Linder Road
Staff Approval: October 5, 2017
Applicant: Trevor Gasser
TMEG Properties, LLC
74 E. 500 S. #200
Bountiful, UT 84010
Representative: Same as above
Staff Contact: Mindy Wallace, AICP
Phone: 387-6178
E-mail: mwallace@achdidaho.org
A. Findings of Fact
1. Description of Application: This is an annexation, zoning, and rezone application to allow for
the development of 3 commercial building lots, and 113 multi-family units on 8 acres.
The City of Meridian’s Future Land Use Map calls for mixed use neighborhood, commercial, and
mixed use non-residential uses on the site.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Vacant (proposed shopping center) RUT (Ada County)
South Office L-O
East Single family residential R-8
West Single family residential R-4
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 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.
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7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Cayuse Creek to
Chinden Boulevard in 2019.
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from McMillan Road to Ustick
Road in 2021.
• Linder Road is listed in the CIP to be widened to 7-lanes from US 20/26/Chinden Boulevard to
SH-44/State Street between 2021 and 2025.
B. Traffic Findings for Consideration
1. Trip Generation: The apartment portion of this development is estimated to generate 748
vehicle trips per day; 70 vehicle trips per hour in the PM peak hour, based on the Institute of
Transportation Engineers Trip Generation Manual, 9th edition.
The exact uses of the proposed commercial lots are unknown at this time. Blow is a list of
potential land uses and their trip generation rates.
• General Office is estimated to generate 11.03 trips per day, with 1.49 trips in the PM peak
hour, per 1,000 square feet.
• Medical/Dental Office is estimated to generate 36.13 trips per day, with 3.57 trips in the
PM peak hour, per 1,000 square feet.
• Specialty Retail estimated to generate 44.32 trips per day, with 2.71 trips in the PM peak
hour, per 1,000 square feet.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a three-lane principal arterial is “E” (880 VPH).
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 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 Chinden Boulevard/US-20/26 east of Linder Road
was 19,570 on 10/27/15.
• The average daily traffic count for Linder Road south of Chinden Boulevard/US-20/26
was 15,427 on 7/7/15.
Roadway Frontage Functional
Classification
PM Peak
Hour
Traffic Count
PM Peak
Hour Level
of Service
**Chinden
Boulevard/US-
20/26
N/A Expressway 1,016 N/A
Linder Road 670-feet Principal
Arterial 650 Better than
“E”
3 Linder Mixed Use/ MER17-0071
C. Findings for Consideration
This application is for annexation and rezone only. Listed below are some of the findings for
consideration that the District may identify when it reviews a future development application. The
District may add additional findings for consideration when it reviews a specific redevelopment
application.
1. Linder Road
a. Existing Conditions: Linder Road is improved with 3-travel lanes, and no curb, gutter or
sidewalk abutting the site. There is 68-feet of right-of-way for Linder Road (33-feet from
centerline).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 7-lane street section shall be 96-feet (back-of-curb to back-of-curb) within
120-feet of right-of-way. This width typically accommodates three travel lanes in each
direction, a continuous raised or landscaped median with intermittent turn lanes, and safety
shoulders.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within
96-feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide
between the back-of-curb and street edge of the sidewalk is required to provide increased
safety and protection of pedestrians. Consult the District’s planter width policy if trees are to
be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a
minimum of 7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
4 Linder Mixed Use/ MER17-0071
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall
widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel
shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be
required (See Section 7205.5.5).
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Linder Road is designated in the
MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 72-foot street section
within 96-feet of right-of-way.
c. Applicant Proposal: The applicant hasn’t proposed any improvements to Linder Road
abutting the site.
d. Staff Comments/Recommendations: The applicant should be required to dedicate
additional right-of-way to total 48-feet from the centerline of Linder Road abutting the site.
As noted above, ACHD has plans to widen Linder Road to 5 lanes from Cayuse Creek to
Chinden Boulevard in 2019. This Linder Road widening project includes the construction of 5-
foot wide sidewalks abutting the site. Typically, the applicant is responsible for the
construction of sidewalks abutting their site, however, due to ACHD’s upcoming roadway
widening project, staff recommends that the applicant provide a road trust deposit in the
amount of $16,750.00 ($25.00 X 670-feet) to pay for 5-foot wide detached concrete sidewalk
to be constructed abutting the site, as part of ACHD’s project.
2. Driveways
2.1 Linder Road
a. Existing Conditions: There are 3 existing driveways onto Linder Road from the site.
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 7205.4.7 states that direct access to principal 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 1b under District policy 7205.4.7, unless a waiver for the access point has
been approved by the District Commission. Driveways, when approved on a principal arterial
shall operate as a right-in/right-out only, and the District will require the construction of a
raised median to restrict the left turning movements.
Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal
arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right-
in/right-out only driveway. Full-access driveways are not allowed on principal arterial
roadways.
Successive Driveways: District policy 7205.4.7 Table 1b, requires driveways located on
principal 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
5 Linder Mixed Use/ MER17-0071
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.
Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as that
which “is permitted for use until appropriate alternative access becomes available”.
Temporary access may be granted through a development agreement or similar method, and
the developer shall be responsible for providing a financial guarantee for the future closure of
the driveway.
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 is proposing to construct one driveway onto Linder
Road at the site’s south property line. The driveway is proposed to be located approximately
600-feet south of an existing driveway and 570-feet north of Cayuse Creek Drive.
d. Staff Comments/Recommendations: The location of the proposed driveway meet’s
ACHD’s Driveway Location Policy, and should be approved, as proposed. This driveway
should be approved, as a temporary full access driveway, as Linder Road is a principal arterial
roadway. This driveway may be restricted in the future as traffic conditions warrant; as
determined by ACHD. The driveway is restricted to a maximum width of 36-feet and should
be constructed as a curb return type driveway with 30-foot radii, and paved it’s full width at
least 30-feet into the site beyond the edge of Linder Road.
3. Cross Access
The applicant has proposed cross access via a drive aisle to the parcels north and south of the
site. Staff is supportive of this proposal, as it provides connectivity and additional access to the
site.
4. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
5. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public
storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision
triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot
height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset
from stop signs. Landscape plans are required with the submittal of civil plans and must meet all
District requirements prior to signature of the final plat and/or approval of the civil plans.
6. Other Access
Linder Road is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway.
6 Linder Mixed Use/ MER17-0071
D. Site Specific Conditions of Approval
This application is for annexation and rezone only. Listed below are some of the site specific
conditions of approval that the District may identify when it reviews a future development
application. The District may add additional site specific conditions of approval when it reviews a
specific redevelopment application.
1. Dedicate additional right-of-way to total 48-feet from the centerline of Linder Road abutting the
site.
2. Provide a road trust deposit in the amount of $16,750.00 to pay for 5-foot wide detached concrete
sidewalk to be constructed abutting the site, as part of ACHD’s Linder Road widening project.
3. Construct one temporary full access driveway onto Linder Road located at the site’s south
property line. The driveway is restricted to a maximum width of 36-feet. Construct the driveway
as a curb return type driveway with 30-foot radii. Pave the driveway, it’s full width at least 30-feet
into the site beyond the edge of Linder Road. The driveway may be restricted in the future as
traffic conditions warrant; as determined by ACHD.
4. Payment of impact fees is due prior to issuance of a building permit.
5. 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
7 Linder Mixed Use/ MER17-0071
ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho
shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
8 Linder Mixed Use/ MER17-0071
VICINITY MAP
9 Linder Mixed Use/ MER17-0071
SITE PLAN
10 Linder Mixed Use/ MER17-0071
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.
11 Linder Mixed Use/ MER17-0071
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.
12 Linder Mixed Use/ MER17-0071
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.