HomeMy WebLinkAbout2021-06-10 ACHD Staff Report Development Services Department
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Project/File: ACHD Ustick Maintenance Facility/ MER21-0058/AZ H-2021-0029
The applicant is requesting approval of an annexation and rezone application to allow
for the development of an ACHD maintenance facility on 23.7 of 30.27 acres proposed
to be annexed into the City of Meridian.
Lead Agency: City of Meridian
Site address: 3764 W Ustick Road Vicinity Map
Staff Approval: June 3, 2021
Applicant: Becky McKay
Engineering Solutions ��- �,;.,
1029 N Rosario Street, STE 100 f
Meridian, ID 83642 ��
Representative: Same as Above
Staff Contact: Mindy Wallace, AICP
Phone: 387-6178 -
E-mail: mwallace61achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of an annexation and rezone
application to annex 30.7 acres into the City of Meridian, 20.7 acres owned by the Ada County
Highway District and 10 acres are owned by the Nampa Meridian Irrigation District and include
the Nine Mile and Five Mile Creeks. Light Industrial zoning is requested to allow for the future
development of an ACHD maintenance facility.
The applicant's proposal is consistent with the City of Meridian Comprehensive Plan which call
for Mix-Use Non-Residential uses on the site.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North Light Industrial I-L
South Single family residential R-4
East Rural urban transitional Ada Count RUT
West Rural urban transitional (Ada County) RUT
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.
1 M E R21-0058
5. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use
paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared
use path.
AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection
Treatments: The opening of a shared use path at the roadway should be at least the same width
as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the
path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the
full width of the ramp.
FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related
concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average
width of the trail to improve safety for users who will be traveling at various speeds. In addition, the
overall width of the trail should be increased, so the curb ramp can be slightly offset to the side.
The increased width reduces conflict at the intersection by providing more space for users at the
bottom of the ramp.
6. New Center Lane Miles: The proposed development includes 0.12 centerline miles of new public
road.
7. 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.
8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Ustick Road is scheduled in the IFYWP to be widened to 5-lanes from Linder Road to Ten
Mile Road in 2025.
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry
Lane in with design in 2025. This project is listed as in preliminary development and is
currently unfunded.
• The intersection of Black Cat and Ustick Road is scheduled in the IFYWP to be improved with
an interim signal in 2021. This intersection is also listed in the CIP to be widened to 7-lanes
on the north leg, 7-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and
reconstructed/signalized between 2026 and 2030.
• Ustick Road is listed in the CIP to be widened to 5-lanes from Black Cat to Ten Mile Road
between 2026 and 2030.
9. Roadways to Bikeways Master Plan: ACHD's Roadways to Bikeways Master Plan (BMP) was
adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to
implement the Planned Bicycle Network to support bicycling as a viable transportation option for
Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of
good repair in order to ensure they are consistently available for use, promote awareness of existing
bicycle routes and features and support encouragement programs and to facilitate coordination and
cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan
recommendations.
The BMP identifies Ustick Road as a future Level 3 facility that will be constructed as part of a future
ACHD project.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 229 vehicle trips per day; 28 vehicle
trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip
Generation Manual, 10t" edition.
2 M E R21-0058
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Functional PM Peak PM Peak
Roadway Frontage Classification Hour Hour Level
Traffic Count of Service
Ustick Road Principal Better than
East of Black Cat 830-feet Arterial 445 "E„
Ten Mile Road N/A Minor Arterial 1,485 Better than
North of Cherry Lane "E"
Black Cat Road N/A Minor Arterial 342 Better than
South of Ustick I "E"
*Acceptable level of service for a two-lane principal arterial is "E" (690 VPH).
• Acceptable level of service for a three-lane principal arterial is "E" (880 VPH).
• Acceptable level of service for a two-lane minor arterial is "E" (575 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).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Ustick Road east of Black Cat Road was 7,041 on 5/8/18.
• The average daily traffic count for Ten Mile Road north of Cherry Lane was 26,120 on 9/28/17.
• The average daily traffic count for Black Cat south of Ustick Road was 5,458 on 2/7/18.
C. Findings for Consideration
This application is for annexation and rezone only. Listed below are some of the findings for
consideration that the District may identify when it reviews future development application(s). The
District may add additional findings for consideration when it reviews a specific redevelopment
application.
1. Ustick Road
a. Existing Conditions: Ustick Road is improved with 2 to 3-travel lanes and no curb, gutter or
sidewalk abutting the site. There is 78-feet of right-of-way for Ustick Road (25-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.
3 M E R21-0058
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.
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.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen
the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder
adjacent to the entire site. Curb, gutter and additional pavement widening may be required
(See Section 7205.5.5).
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of 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
100-feet of right-of-way.
c. Applicant Proposal: The applicant's concept plan shows an additional 45-feet of right-of-way
dedication to total 70-feet from centerline of Ustick Road abutting the site from the site's west
property line (future Naomi Avenue) east 300-feet tapering to an additional 25-feet of right-of-
way to total 50-feet from centerline at the site's east property line.
The applicant's concept plan shows the construction of a 5-foot wide detached concrete
sidewalk located 75-feet from the centerline of Ustick Road at the west property line (future
Naomi Avenue) tapering to 53-feet from centerline at the site's east property line. The concept
plan shows the sidewalk located outside of the dedicated right-of-way within a landscape buffer.
d. Staff Comments/Recommendations: The proposed improvement shown on the applicant's
concept plan are generally consistent with ACHD policy, with the exception of the proposal to
dedicate an additional 45-feet of right-of-way from the west property line 300-feet east. This
segment of Ustick Road is planned in ACHD's CIP to be widened to 5-lanes as part of a future
project. If the applicant believes that a dedicated right turn lane is necessary to serve the site
then an additional 12-feet of right-of-way (in addition to the 50-feet of right-of-way dedication
per the MSM), to total 62-feet should be dedicated as part of a future development application.
As part of a future development application, the applicant should be required to provide a
permanent right-of-way easement for detached sidewalks located outside of the dedicated right-
of-way.
4 M E R21-0058
2. Naomi Avenue
a. Existing Conditions: There is an existing private road, Naomi Lane, abutting the site's west
property line. On the south side of Ustick Road across from the site, Naomi Avenue is improved
as a 36-foot wide local street section with curb, gutter, and a 5-foot wide attached sidewalk
within 50-feet of right-of-way.
b. Policy:
Industrial Roadway Policy: District Policy 7209.2.1 states that the developer is responsible
for improving all industrial 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 7209.5 states that right-of-way widths
for new industrial roadways shall be 50-feet wide and that the standard street section will vary
depending on the need for a center turn lane, bike lanes, volumes, percentage of truck traffic,
and/or on-street parking.
• A 40-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and a center turn lane.
• A 52-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and a center turn lane and on-street parking.
Continuation of Streets Policy: District Policy 7209.2.4 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 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, water and
sewer.
• Promotes orderly development.
Sidewalk Policy: District Policy 7209.5.6 requires concrete sidewalks at least 5-feet wide to be
constructed on one side of all industrial streets. If a separated sidewalk is proposed, 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.
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 7209.5.7 states that the minimum radius permitted
for a turnaround is 55-feet to back-of-curb.
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.
5 M E R21-0058
c. Applicant's Proposal: The applicant's concept plan shows that a new industrial collector street
is proposed to be constructed abutting the site's west property line; Naomi Avenue. The
concept plan proposes that Naomi Avenue be constructed as a 3-lane 52-foot wide industrial
street section with vertical curb and gutter on both sides of the roadway within 74-feet of right-
of-way and a 5-foot wide detached concrete sidewalk located outside of the right-of-way within
the landscape buffer on the east side of the roadway abutting the site.
The concept plan shows that Naomi Avenue terminates 625-feet north of Ustick Road with a
temporary hammer-head turnaround. A pathway is proposed to extend north from the terminus
of the roadway to tie into City of Meridian pathway located at north property line along the Five
Mile Creek.
d. Staff Comments/Recommendations: The proposal shown on the applicant's concept plan
meets District policy. As part of a future development application, the applicant should be
required to provide a permanent right-of-way easement for detached sidewalk located outside
of the dedicated right-of-way on the east side of the roadway.
As part of a future development application staff will recommend that the dedicated right-of-way
for Naomi Avenue extend to touch the west property line to ensure that parcel directly west of
the site (4010 &4018 W Ustick Road) have access to Naomi Avenue in the future. When those
parcels develop the sidewalk would be constructed on the west side of the roadway across from
the site.
Staff is supportive of the applicant's proposal to terminate Naomi Avenue 625-feet north of
Ustick with a temporary hammer-head turnaround, as a standard cul-de-sac would impact the
construction of the pathway network proposed to extend north from the terminus of the roadway.
The applicant has indicated that temporary turnaround will be in place until the property to the
west is developed (4010 & 4018 W Ustick Road) and a roadway will be extended into that site.
3. Ustick Road/Naomi Avenue Intersection
a. Staff Comments: The applicant's concept identifies the Ustick Road/Naomi Avenue
intersection, as a future signalized intersection. ACHD has indicated that this intersection will
be signalized as part of the future Ustick Road widening project. To ensure that the intersection
will function appropriately the proposed Naomi Avenue should align centerline to centerline with
the existing Naomi Avenue on the south side of Ustick Road across from the site. The exact
intersection configuration will be determined when ACHD moves forward with the roadway
project.
4. Roadway Offsets
a. Existing Conditions: There are no public streets within or adjacent to the site. An existing
private road, Naomi Lane, offsets Naomi Avenue on the south side of Ustick Road by 32.5-feet
(measured centerline to centerline).
b. Policy:
Local Street Intersection Spacing on Principal Arterials: District policy 7205.4.3 states that
new local streets should not typically intersect arterials. Local streets should typically intersect
collectors. If it is necessary, as determined by ACHD, for a local street to intersect an arterial,
the minimum allowable offset shall be 1,320-feet as measured from all other existing roadways
as identified in Table 1 b (7205.4.7).
c. Applicant's Proposal: The applicant's concept plan shows the to construct a new public street,
Naomi Avenue, intersecting Ustick Road at the half mile.
d. Staff Comments/Recommendations: The proposal shown on the applicant's concept plan
meets District policy. As part of a future development application the applicant should be
6 M E R21-0058
required to construct Naomi Avenue to align centerline to centerline with Naomi Avenue on the
south side of Ustick Road across from the site.
5. Driveways
5.1 Ustick Road
a. Existing Conditions: There is an existing 18-foot wide paved driveway onto Ustick Road from
the site located at the southeast property line.
b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1 b 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 1 b, 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.
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.
c. Applicant's Proposal: The concept plan shows that the applicant has proposed to continue to
use the existing driveway to provide temporary access the existing single family home on the
site, which is proposed to be used as a temporary office.
d. Staff Comments/Recommendations: Staff is supportive of the proposal shown on the
concept plan to use the existing driveway on Ustick Road to provide temporary access to the
site. As part of a future development application staff will recommend that this driveway be
closed and that all access come from Naomi Avenue when it is constructed.
7 M E R21-0058
5.2 Naomi Avenue
a. Existing Conditions: Naomi Avenue is not yet constructed abutting the site.
b. Policy:
Driveway Location Policy: District policy 7209.4.1 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 7209.4.1 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 7209.4.3 restricts industrial driveways to a maximum
width of 40-feet. Most industrial driveways will be constructed as curb-cut type facilities.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7209.4.3, 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.
Driveway Design Requirements: District policy 7209.4.3 states if an access point is to be gated,
the gate or keypad (whichever is closer)shall be located a minimum of 50-feet from the near edge
of the intersection and a turnaround shall be provided.
c. Applicant's Proposal: The applicant's concept plan shows the construction of two 40-foot wide
driveways onto Naomi Avenue located 360 and 630-feet north of Ustick Road (measured
centerline to centerline). The concept plan shows that the driveways are proposed to be gated,
with the gates located 150-feet from Naomi Avenue.
d. Staff Comments/Recommendations: The proposal shown on the applicant's concept plan
meets District policy.
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
Ustick Road is classified as a principal arterial roadway. Other than the access specifically approved
with this application, direct lot access is prohibited to this roadway.
8 M E R21-0058
D. Site Specific Conditions of Approval
This application is for an annexation and rezone only. Site specific conditions of approval will be
established as part of the future development application.
1. Payment of impact fees is due prior to issuance of a building permit.
2. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities
Act (ADA) requirements. The applicant's engineer should provide documentation of ADA
compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number)for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled)are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable 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.
9 M E R21-0058
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 OR Appeal Guidelines
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11 MER21-0058
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.
12 M E R21-0058
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.
13 M E R21-0058
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.
14 M E R21-0058