2019-07-09 ACHD Final LetterJuly 9, 2019
To: Jacksons Food Stores, Inc.
3450 E Commercial Street
Meridian, ID 83642
Rebecca W. Arnold, President
Mary May, 1St Vice -President
Sara M. Baker, god Vice -President
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
Subject: MER19-0045/ H-2019-0070
4870 N Ten Mile Road
Modification to an existing Development Agreement and enter into a new
Development Agreement for the relocation of an existing access onto
McMillan Road to allow for a future Jacksons Convenience Store with fueling
stations.
In response to your request for comment, the Ada County Highway District has reviewed the
submitted application and site plan for the item referenced above. It has been determined that
ACHD has site specific conditions of approval for this application.
A. Findings of Fact
1. McMillan Road
a. Existing Conditions: McMillan Road is fully improved with 3 -travel lanes, vertical
curb, gutter, and detached 5 -foot wide sidewalk abutting the site.
There is an existing 34 -foot wide driveway onto McMillan Road located 500 -feet
east of Ten Mile Road in alignment with an existing driveway across McMillan Road
to the south. The driveway is located on the adjoining parcel east of the site.
b. Policy
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.
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.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Driveway Location Policy: District policy 7205.4.5 requires driveways located on
minor arterial roadways from a signalized intersection with a single left turn lane
shall be located a minimum of 330 -feet from the nearest intersection for a right-
in/right-out only driveway and a minimum of 660 -feet from the intersection for a full -
movement driveway.
Successive Driveways: District policy 7205.4.6 Table 1a, requires driveways
located on minor arterial roadways with a speed limit of 40 MPH to align or offset a
minimum of 330 -feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways
(100 VTD or more) to a maximum width of 36 -feet and low-volume driveways (less
than 100 VTD) to a maximum width of 30 -feet. Curb return type driveways with 30 -
foot radii will be required for 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.
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
onto McMillan Road located 500 -feet east of Ten Mile Road and to construct a new
40 -foot wide shared driveway onto McMillan Road. The shared driveway is
proposed to split the property line of lots 12 and 13, block 12 of the Amended
Verona Subdivision No. 4 and is located approximately 336 -feet east of Ten Mile
Road and 168 -feet west of the existing driveway on the south side of McMillan
Road across from the site (measured centerline to centerline).
The applicant has proposed to close the existing driveway with vertical curb, gutter,
landscaping and a detached concete sidewalk to match the improvements on either
side.
d. Staff Comments/Recommendations: The applicant's proposal to close the
existing driveway onto McMillan Road with vertical curb, gutter, landscaping and
sidewalk to match the improvements should be approved, as proposed.
The applicant's proposal to construct a new 40 -foot wide driveway onto McMillan
Road does not meet District Successive Driveway policy which requires driveways
on minor arterial roadways to align or offset by 330 -feet and Driveway Width policy
which restricts commercial driveways to a width of 36 -feet. However, staff
recommends a modification of policy to allow the driveway to be located as
proposed and as a temporary full access driveway. Staff's recommendation is
due to the fact that the driveway is necessary to serve the site, the site does not
have direct access to a lesser classified street, and is to be a shared access with
the adjoining parcel to the east. This is a 49% percent modification to the
dimensional standard and is approved at the Deputy Director of Development and
Technical Services discretion.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Staff recommends a modification of policy to allow the width of the driveway to be
40 -feet wide, as proposed. The additional driveway width is necessary due to the
size of the fuel trucks that will serve the site. This is a 11 % percent modification to
the dimensional standard and is approved at the Development Services Managers
discretion.
The applicant should be required to construct the 40 -foot wide shared driveway as
a curb return type driveway. The temporary full access driveway may be restricted
to right-in/right-out in the future, as determined by ACRD.
Consistent with District Minor Improvements policy, the applicant should be
required to repair or replace any damaged or deficient facilities on McMillan Road
abutting the site.
2. Ten Mile Road
a. Existing Conditions: Ten Mile Road is fully improved with 5 -travel lanes, vertical
curb, gutter, and detached 5 -foot wide sidewalk abutting the site.
b. Policy
Minor Improvements Policy: District Policy 7203.3 states that minor
improvements to existing streets adjacent to a proposed development may be
required. These improvements are to correct deficiencies or replace deteriorated
facilities. Included are sidewalk construction or replacement; curb and gutter
construction or replacement; replacement of unused driveways with curb, gutter
and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs;
signs; traffic control devices; and other similar items.
c. Applicant's Proposal: The applicant is not proposing any improvements to Ten
Mile Road abutting the site.
d. Staff Comments/Recommendations: Ten Mile Road is fully improved abutting
the site, therefore no additional right-of-way dedication or street improvements are
required as part of this application.
Consistent with District Minor Improvements policy, the applicant should be
required to repair or replace any damaged or deficient facilities on Ten Mile Road
abutting the site.
3. Other Access
McMillan Road and Ten Mile Road are classified as minor arterial roadways. Other than
the access specifically approved with this application, direct lot access is prohibited to
these roadways.
B. Site Specific Conditions of Approval
1. Construct a 40 -foot wide temporary full access curb return type driveway located 336 -feet
east of Ten Mile Road, as proposed. The driveway shall split the property line of lots 12 &
13, block 12 of the Amended Verona Subdivision No. 4. This driveway may be restricted
to right-in/right-out in the future.
2. Close the existing driveway located approximately 500 -feet east of Ten Mile Road with
vertical curb, gutter, sidewalk, and landscaping to match existing conditions on either side.
3. Repair or replace any damaged or deficient facilities on McMillan Road and Ten Mile Road
abutting the site.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
4. Other than the access specifically approved with this application, direct lot access is
prohibited to McMillan Road and Ten Mile Road.
5. A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a
building permit. Please contact the ACHD Planner (see below) for information regarding
impact fees.
6. Plans shall be submitted to the ACHD Development Services Department for plans
acceptance, and impact fee assessment (if an assessment is applicable).
7. Comply with the Standard Conditions of Approval as noted below.
C. Traffic Information
Trip Generation:
Use
Avg. Daily Traffic
Avg. PM Peak
PM Peak Hour
Count ADT
Hour
Service Station w/Conv. Market (fuel position)
205.36
13.99
Service Station w/Conv. Market (1,000 sf)
1,440.02
88.35
Condition of Area Roadways: Traffic Count is based on Vehicles per hour (VPH)
• Acceptable level of service for a three -lane minor arterial is "E" (720 VPH)
• Acceptable level of service for a five -lane minor arterial is "E" (1,540 VPH).
Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD's most current
traffic counts
• The average daily traffic count for McMillan Road east of Ten Mile Road was 9,963 on
01/31/2018.
• The average daily traffic count for Ten Mile Road south of McMillan Road was 19,918
on 05/31/2018.
D. Attachments
1. Vicinity Map
2. Site Plan
3. Standard Conditions of Approval
4. Appeal Guidelines
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Functional
PM Peak Hour
PM Peak Hour
Roadway
Frontage
Classification
Traffic Count
Level of Service
McMillan Road
258 -feet
Minor Arterial
501
Better than "E"
Ten Mile Road
215 -feet
Minor Arterial
981
Better than "E"
• Acceptable level of service for a three -lane minor arterial is "E" (720 VPH)
• Acceptable level of service for a five -lane minor arterial is "E" (1,540 VPH).
Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD's most current
traffic counts
• The average daily traffic count for McMillan Road east of Ten Mile Road was 9,963 on
01/31/2018.
• The average daily traffic count for Ten Mile Road south of McMillan Road was 19,918
on 05/31/2018.
D. Attachments
1. Vicinity Map
2. Site Plan
3. Standard Conditions of Approval
4. Appeal Guidelines
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
Stacey Yarrington
Planner III
Development Services
cc: Project File
City of Meridian (via email)
BRS Architects — Joe Thompson (via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
VICINITY MAP
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Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
SITE PLAN
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EXHIBIT A (SIM PLAN)
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Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all
applicable 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.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Request for Appeal of Staff Decision
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.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org