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ACHD Final   1 Buyrite Apartments Development Services Department Project/File: Buyrite Apartments/ MER18-0118/ H-2018-0103 This is a rezone, conditional use permit, and development agreement modification to allow for the development of 96 multi-family units on 4.77 acres. The site is located at the northwest corner of Ustick Road and Linder Road in Meridian. Lead Agency: City of Meridian Site address: NWC Ustick Road and Meridian Road Staff Approval: October 24, 2018 Applicant: Russ Hunemiller Buyrite, LLC 3307 W. Davis Ln. Meridian, ID 83642 Representative: Pamela Gaines neUdesign Architecture, LLC 725 E. 2nd Street Meridian, ID 83642 Staff Contact: Mindy Wallace, AICP Phone: 387-6178 E-mail: mwallace@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a rezone application to rezone the site from C-C (commercial) to R-40 (multi-family), a conditional use permit for 96 multi-family units, and a development agreement modification to allow the R-40 zoning. This site is identified as mixed-use community on the City of Meridian’s Future Land Use Map. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Single family home/farm land RUT (Ada County) South Paramedic Station C-C East Single family home/farm lane/vacant Land C-C/ RUT (Ada County) West Single family residential R-8 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are not available to serve this site. 2 Buyrite Apartments 5. New Center Lane Miles: The proposed development includes 0.04 centerline miles of new public road. 6. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): There are no roadways, bridges or intersections in the general vicinity of the project that are in the Integrated Five Year Work Plan (IFYWP) or the District’s Capital Improvement Plan (CIP).  Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to McMillan Road in 2019.  Linder Road is listed in the CIP to be widened to 3-lanes from Cherry Lane to Ustick Road between 2031 and 2035.  Ustick Road is listed in the CIP to be widened to 3-lanes from Ten Mile Road to Linder Road between 2026 and 2030. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 522 vehicle trips per day; 42 vehicle trips per hour in the PM peak hour, 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) * Acceptable level of service for a two-lane principal arterial is “E” (690 VPH). * Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH). ** Linder Road will operate at an acceptable level of service after the planned widening of the roadway in 2019. 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 Linder Road north of Ustick Road was 17,225 on 5/9/18.  The average daily traffic count for Ustick Road east of Linder Road was 17,546 on 5/9/18. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Linder Road** 580-feet Principal Arterial 972 “F” Ustick Road 297-feet Principal Arterial 960 Better than “E” 3 Buyrite Apartments C. Findings for Consideration 1. Linder Road a. Existing Conditions: Linder Road is improved with 6 to 3-travel lanes, with vertical curb, gutter, and 7-foot wide attached sidewalk for the first 320-feet north of Ustick Road and with no curb, gutter or sidewalk abutting the remainder of the site. There is 102 to 92-feet of right-of- way for Linder Road (44 to 56-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 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. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway 4 Buyrite Apartments 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 has proposed to construct a curb, gutter, and 7-foot wide attached concrete sidewalk on Linder Road abutting the site where it doesn’t currently exist. d. Staff Comments/Recommendations: As noted above, ACHD has plans to widen Linder Road to 5 lanes from Ustick Road to McMillan Road in 2019. This Linder Road widening project includes the construction of 7-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 $7,560.00 ($27.00 X 280-feet) to pay for 7-foot wide attached concrete sidewalk to be constructed abutting the site, as part of ACHD’s project. The road trust deposit includes the closure of an existing 30-foot wide driveway onto Linder Road located 400-feet north of Ustick Road. No additional right-of-way dedication or street improvements should be required as part of this application. 2. Ustick Road a. Existing Conditions: Ustick Road is improved with 6-travel lanes, vertical curb, gutter, and 7- foot attached wide sidewalk abutting the site. There is 102-feet of right-of-way for Ustick Road (51-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 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. 5 Buyrite Apartments 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, arterial street requirements, and specific roadway features required through development. This segment of Ustick 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 Ustick Road abutting the site. d. Staff Comments/Recommendations: Ustick Road is already improved with 6 travel lanes, bike lanes, vertical curb, gutter, and 7-foot wide attached concrete sidewalks abutting the site. Therefore, staff does not recommend any additional right-of-way dedication or street improvements as part of this application. Consistent with ACHD’s Frontage Improvement policy, the applicant should be required to replace any broken or deteriorated portions of curb, gutter, and sidewalk on Ustick Road abutting the site. 3. Crosswind Street a. Existing Conditions: There are no local streets within the site. Crosswind Street stubs to the site’s east property line as a 36-foot street section with rolled curb, gutter, and sidewalk within 50-feet of right-of-way. b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way widths for all local streets shall generally not be less than 47-feet wide and that the standard street section shall be 33-feet (back-of-curb to back-of-curb). Standard Urban Local Street—33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that the standard street section shall be 33-feet (back-of-curb to back-of- curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 47-feet of right-of-way. For the City of Kuna and City of Star: Unless otherwise approved by Kuna or Star, the standard street section shall be 36-feet (back-of-curb to back-of-curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 50-feet of right-of-way. 6 Buyrite Apartments 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. Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the emergency service providers may require a greater radius. Landscape and parking islands may be constructed in turnarounds if a minimum 29-foot street section is constructed around the island. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. The developer shall provide written approval from the appropriate fire department for this design element. The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the agency providing emergency fire service for the area where the development is located. 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: 7 Buyrite Apartments  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. c. Applicant’s Proposal: The applicant has proposed to extend Crosswind Street into the site with 2 travel lanes, parallel and perpendicular parking, drive aisle islands and limited sidewalk. The applicant has proposed to stub Crosswinds Street to the north property line. d. Staff Comments/Recommendations: The applicant’s proposal does not meet District policy and should not be approved, as proposed. The applicant should be required to construct the extension of Crosswind Street as a standard 33-foot street section with curb, gutter, and 5-foot attached concrete sidewalk on both sides of the roadway. Due to sight distance and the curve of the roadway, the applicant should be required to sign the roadway for “NO PARKING”. The applicant’s proposal to stub Crosswinds Street to the north property line should be 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”. Due to sight distance and pedestrian concerns the 5 perpendicular parking stalls located outside of the to provide access to the office, will not be approved. If dedicated parking is needed for the office, then the site should be redesigned to provide a parking lot. 4. Driveways 4.1 Linder Road & Ustick Road a. Existing Conditions: There is one 30-foot wide driveway onto Linder Road located 400-feet north of Ustick Road. There is one 40-foot wide driveway onto Ustick Road located 265-feet west of Linder Road. b. Policy Crosswinds St r e e t 8 Buyrite Apartments 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 35 MPH to align or offset a minimum of 355-feet from any existing or proposed driveway and with a speed limit of 40 MPH to align or offset a minimum of 400-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8. 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 close the existing driveway on Linder Road with landscaping and to construct a new 45-foot wide full access driveway onto Linder Road located approximately 605-feet north of Ustick Road. The applicant has proposed to close the existing driveway on Ustick Road with landscaping and to construct a new 45-foot wide full access driveway onto Ustick Road located approximately 310-feet west of Linder Road. d. Staff Comments/Recommendations: The location of the proposed driveway onto Linder Road meets District Driveway Location policy, which when allowed, requires driveways on principal arterial roadways to be right-in/right-out only and to be located a minimum of 355-feet from an intersection. Staff recommends approval of the driveway onto Linder Road as temporary full access driveway, as the location of the proposed driveway, 605-feet north of 9 Buyrite Apartments Ustick Road is located outside of the influence area of the Linder Road/Ustick Road intersection, there are no driveways or public streets across Linder Road from the site, and the current average daily traffic count on Linder Road is below 24,000. This driveway may be restricted to right-in/right out only at any time at the discretion of ACHD. The width of the driveway proposed onto Linder Road does not meet District policy and should not be approved of proposed. The driveway should be constructed as a curb return type driveway and be restricted to a maximum width of 36-feet. The existing driveway on to Linder Road located approximately 400-feet north of Ustick Road should be closed with the construction of sidewalk. As noted in finding for consideration 1 above, the road trust deposit for sidewalk on Linder Road include this segment of sidewalk. The location of the proposed driveway onto Ustick Road does not meet District Driveway Location policy, which when allowed, requires driveways on principal arterial roadways to be right-in/right-out only and to be located a minimum of 355-feet from an intersection. However, staff recommends approval of the driveway as a right-in/right-out only driveway located as proposed, as the site does not have enough frontage to meet the required offset of 355-feet and the driveway is needed for circulation within the site. This is a 13% modification of policy and is approved as the Development Services Managers Level. Close the existing driveway on Ustick Road with vertical curb, gutter, and 7-foot wide attached sidewalk to match the improvements on either side. To restrict the driveway to right-in/right-out only, the applicant should be required to install a 6’ raised median on Ustick Road. The median should begin at the Ustick Road/Linder Road intersection and extend west to 75-feet beyond the driveway. The width of the driveway proposed onto Ustick Road does not meet District policy and should not be approved of proposed. The driveway should be constructed as a curb return type driveway and be restricted to a maximum width of 36-feet. 4.2 Crosswinds Street a. Existing Conditions: Crosswinds Street is not constructed within the site. b. Policy: Driveway Location Policy: District policy 7207.4.1 requires driveways near intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street intersection, and 150-feet from the nearest collector or arterial street intersection. Successive Driveways: District Policy 7207.4.1 states that successive driveways away from an intersection shall have no minimum spacing requirements for access points along a local street, but the District does encourage shared access points where appropriate. Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required, residential driveways shall be restricted to a maximum width of 20-feet and may be constructed as curb-cut type driveways. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.4.3, 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. c. Applicant’s Proposal: The applicant has proposed to construct one 40-foot wide driveway to intersect Crosswinds Street located approximately 40-feet east of the west property line. This driveway is proposed to have a dumpster and landscaping located within the approach. 10 Buyrite Apartments The applicant as proposed to construct one 30-foot wide driveway to intersect Crosswinds Street located approximately 40-feet south of the north property line. This driveway is proposed to have landscaping within the approach. d. Staff Comments/Recommendations: The location of the proposed driveways is approved, as proposed. The width of the driveways and the encroachments within the driveway approaches are not be approved, as proposed. The driveways onto Crosswinds Street are limited to a maximum width of 24-feet. To ensure adequate site distance at the driveway approaches all landscaping within the approaches is restricted to a maximum height of 3-feet and the intersection vison triangle should be maintained. As designed, the drive aisle on to Linder Road will provide a direct connection between the existing Windsong Subdivision located west of the site and Linder Road, which may lead to cut- thru traffic. The applicant should be required to redesign the drive aisle to reduce the potential for cut-thru traffic within the site. 5. Parking The applicant has proposed to provide 209 parking stalls to accommodate the residents and guests of the proposed apartment project. Staff is supportive of this proposal, as it exceeds the recommendation of the Institute of Transportation Engineers (ITE) Parking Generation Manual, 4th Edition, which recommends 186 parking stalls for a 96 unit apartment project. 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. 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. 8. Other Access Linder Road and Ustick Road are classified as principal arterial roadways. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways. 11 Buyrite Apartments D. Site Specific Conditions of Approval 1. Provide a road trust deposit in the amount of $7,560.00 for the future construction of sidewalk on Linder Road. 2. Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Ustick Road abutting the site. 3. Extend Crosswind Street into the site and stub the roadway to the north property line as a 33-foot wide street section with curb, gutter, and 5-foot attached concrete sidewalk on both sides of the roadway. Sign both sides of the roadway for “NO PARKING”. 4. Install a sign at the terminus of Crosswinds Street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE”. 5. The existing driveway onto Linder Road will be closed as part of ACHD’s Linder Road widening project. 6. Construct one temporary full access driveway onto Linder Road located 605-feet north of Ustick Road as proposed. The driveway is restricted to a maximum width of 36-feet and shall be constructed as a curb return driveway. This driveway maybe restricted to right-in/right-out at anytime, as determined by ACHD. 7. Close the existing 40-foot wide driveway onto Ustick Road located 265-feet west of Linder Road with vertical curb, gutter, and 7-foot wide attached concrete sidewalks to match the improvements on either side. 8. Construct one right-in/right-out driveway onto Ustick Road located 310-feet west of Linder Road. The driveway is restricted to a maximum width of 36-feet and shall be constructed as a curb return driveway. 9. Install a 6” raised median on Ustick Road from the Ustick/Linder Road intersection west extending 75-feet beyond the driveway on Ustick Road. 10. Other than access approved as part of this application direct lot access to Linder Road and Ustick Road is prohibited. 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. 12 Buyrite Apartments 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 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 13 Buyrite Apartments VICINITY MAP 14 Buyrite Apartments SITE PLAN 15 Buyrite Apartments 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. 16 Buyrite Apartments 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. 17 Buyrite Apartments 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.