PZ - ACHD Findings
1
Development Services Department
Project/File: Oberg Subdivision / MPP18-0007 / H-2018-0012AZ, PP
Application for annexation and zoning of 4.8 acres with an R-15 zoning designation
and a preliminary plat consisting of 25 single family residential lots, 3 common lots,
and 1 other lot.
Lead Agency: City of Meridian
Site address: 2855 N Wingate Lane
Staff Approval: February 28, 2018
Applicant: DevCo LLC
4824 W Fairview Avenue
Boise, ID 83706
Representative: Conger Management Group
4824 W Fairview Avenue
Boise, ID 83706
Staff Contact: Christy Little
Phone: 387-6144
E-mail: clittle@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is proposing to plat 25 single family residential lots
on 4.8 acres, located south of Ustick Road. The site has public street frontage on Kamay Drive.
2. Description of Adjacent Surrounding Area: All of the adjacent parcels are zoned residential.
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 0.30 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.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 238 vehicle trips per day; 25 vehicle
trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip
Generation Manual, 9 th edition.
2 Oberg Subdivision / MPP18-0007/ H-2018-0012
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD’s most current traffic counts.
• The average daily traffic count for Ustick Road west of Cloverdale Road was 18,934 in
2014.
C. Findings for Consideration
1. Local Roadways – Kamay Drive, Lapis Avenue, Cougar Creek Street
a. Existing Conditions: Kamay Drive is constructed as a stub street to the west property line of
this site. The site has no other public street frontage.
b. Policy:
Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local street frontages adjacent to the site regardless of whether or not access is
taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way
widths for all local streets shall generally not be less than 47-feet wide and that the standard
street section shall be 33-feet (back-of-curb to back-of-curb).
Maximum Traffic Policy: District Policy 7207.3.3 states that if a proposed development only
has one access to a public street that is a local street, or if it proposes to extend public streets
from existing development with only one local street access to the public street system, the
maximum forecast ADT to be allowed at any point on the local street access is 1,000 and is
subject to fire department requirements for the provision of a secondary access. This volume
may be reduced or increased based on information received from the lead land use agency,
the applicable fire department, and/or emergency services. The District will also take into
consideration the following items when determining whether or not to reduce or increase the
maximum allowable ADT: railroad crossings, canal crossings, topography (foothills vs. flat
land), pedestrian connectivity, location of schools, etc.
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.
Roadway Frontage Functional
Classification
PM Peak
Hour
Traffic Count
PM Peak
Hour Level
of Service
Existing
Plus
Project
Ustick Road 0-feet Principal
Arterial 1,036 Better than
“E”
Better than
“E”
3 Oberg Subdivision / MPP18-0007/ H-2018-0012
• 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.
Landscape Medians Policy: District policy 7207.5.16 states that landscape medians are
permissible where adequate pavement width is provided on each side of the median to
accommodate the travel lanes and where the following is provided:
• The median is platted as right-of-way owned by ACHD.
• The width of an island near an intersection is 12-feet maximum for a minimum distance
of 150-feet. Beyond the 150-feet, the island may increase to a maximum width of 30-
feet.
• At an intersection that is signalized or is to be signalized in the future, the median width
shall be reduced to accommodate the necessary turn lane storage and tapers.
• The Developer or Homeowners Association shall apply for a license agreement if
landscaping is to be placed within these medians.
• The license agreement shall contain the District’s requirements of the developer
including, but not limited to, a “hold harmless” clause; requirements for maintenance by
the developer; liability insurance requirements; and restrictions.
• Vertical curbs are required around the perimeter of any raised median. Gutters shall
slope away from the curb to prevent ponding.
c. Applicant’s Proposal: The applicant is proposing to construct a 33-foot street section with
curb, gutter and 5-foot wide concrete sidewalk within 44-feet of right-of-way.
d. Staff Comments/Recommendations: The standard right-of-way width for a 33-foot street
section with attached sidewalk is 47-feet. The required 2-feet of right-of-way behind the back
of sidewalk is for utility easements, and also for ACHD traffic signs. The applicant should
construct a 33-foot street section within 47-feet of right-of-way.
2. Roadway Offsets
a. Policy:
Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a
minimum offset of 125-feet from any other street (measured centerline to centerline).
b. Staff Comments/Recommendations: The proposed layout meets policy for roadway
offsets.
4 Oberg Subdivision / MPP18-0007/ H-2018-0012
3. Stub Streets
a. Existing Conditions: Kamay Drive is constructed as a stub street to this site at the west
property line. ACHD required the stub street with the development of Verado Subdivision.
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 a non-buildable lot until the street is extended.
c. Applicant Proposal: The applicant is proposing to extend the stub street into the site. The
applicant is also proposing to construct two stub streets to undeveloped parcels to the east,
located 100-feet north of the south property line, and 75-feet south of the north property line.
The applicant has not proposed to construct temporary turnarounds. The applicant is
proposing to utilize Lot 9, Block 1, as a hammerhead-type turnaround for Cougar Creek
Street. The applicant is proposing to use Wingate Lane (private) as an emergency access at
the terminus of Kamay Drive.
d. Staff Comments/Recommendations: The stub street locations are approved as proposed.
The applicant should be required to install a sign at the terminus of the stub street stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE.” The applicant should provide written
Fire Department approval for the emergency access and the hammerhead turnaround. The
applicant should install bollards or a gate at the terminus of Kayam Drive, whichever is
required by the Fire Department. The hammerhead turnaround should be signed for “NO
PARKING” and “THIS IS A PUBLIC TURNAROUND”.
4. Bridge for Finch Lateral Canal Crossing
The District will require that the applicant submit the bridge plans for the crossing of the Finch
Lateral 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 15 th for construction in the following year prior to
irrigation season.
5. 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 Oberg Subdivision / MPP18-0007/ H-2018-0012
6. 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. Extend Kamay Drive into the site at the west property line.
2. Construct all of the streets within the subdivision as 33-foot street sections with curb, gutter and 5-
foot wide concrete sidewalk within 47-feet of right-of-way.
3. Construct Cougar Creek Street as a stub street to the east property line. Install a sign at the
terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.”
4. The hammerhead turnaround over Lot 9, Block 1, at the intersection of Cougar Creek Street and
Lapis Avenue shall be signed for “NO PARKING” and “THIS IS A PUBLIC TURNAROUND”.
5. Construct Kamay Drive as a stub street to the east property line. Install a sign at the terminus of
the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” A temporary
turnaround is not required.
6. Provide written Fire Department approval for the emergency access on Kayam Drive and the
hammerhead turnaround on Cougar Creek Street.
7. Install bollards or a gate at the terminus of Kayam Drive to Wingate Lane, whichever is required
by the Fire Department.
8. The District will require that the applicant submit the bridge plans for the crossing of the Finch
Lateral 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 shall be submitted to ACHD
for review no later than December 15 th for construction in the following year prior to irrigation
season.
9. Payment of impact fees is due prior to issuance of a building permit.
10. 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.
6 Oberg Subdivision / MPP18-0007/ H-2018-0012
5. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior
to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho
shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Appeal Guidelines
7 Oberg Subdivision / MPP18-0007/ H-2018-0012
VICINITY MAP
8 Oberg Subdivision / MPP18-0007/ H-2018-0012
9 Oberg Subdivision / MPP18-0007/ H-2018-0012
SITE PLAN
10 Oberg Subdivision / MPP18-0007/ H-2018-0012
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 Oberg Subdivision / MPP18-0007/ H-2018-0012
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 Oberg Subdivision / MPP18-0007/ H-2018-0012
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.