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.
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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”
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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.
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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
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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.
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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.
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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.
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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
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VICINITY MAP
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SITE PLAN
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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.
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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.
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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.