HomeMy WebLinkAbout2021-09-17 ACHD Development Services Department
—ANN.—
ACHD
Project/File: Fairview Row Townhomes/ MER21-0100/ H-2021-0049
This is a conditional use permit application to allow for the development of a 16-unit
multi-family townhomes on 1.02 acres.
Lead Agency: The City of Meridian \
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Site address: 2065 E. Fairview Avenue
Staff Approval: September 17, 2021 ^Y,�
Applicant: Riley Planning Services, LLC ,� pit. as .
Penelope Riley
P.O. Box 405 r
Boise, Idaho 83701
Staff Contact: Renata Ball-Hamilton
Phone: 387-6171 .-A „^ °° „°, 1903•Y A
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E-mail:rhamilton(cD_achdidaho.org
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A. Findings of FactF ° ° 9F"
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1. Description of Application: The applicant is requesting approval of a conditional use permit for
the Fairview Row Townhomes a multi-family development consisting of 16 attached townhome
units on 1.02-acres. This site is in the C-G (Genera Retail & Service Commercial) zoning district.
This site is in an area that is zoned as C (Commercial) in the City of Meridian's comprehensive
plan.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North Community Business C-C
South Medium-High Density Residential R-15
East General Retail & Service Commercial C-G
West General Retail & Service Commercial C-G
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• The Pine 43 Subdivision is a 43.13 acre subdivision with 355 buildable lots. It is located
directly south and east of Fairview Row Townhomes and was approved by ACHD staff on
April 10, 2017.
5. Transit: Transit services are not available to serve this site.
6. New Center Lane Miles: The proposed development includes 0.02 centerline miles of new public
road.
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M E R21-0100/ H-2021-0049
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):
• Fairview Avenue is scheduled in the IFYWP to be widened to 7-lanes from Locust Grove Road
to Eagle Road (State Highway 55) in 2023.
• Fairview Avenue is listed in the CIP to be widened to 7-lanes from Locust Grove Road to
Eagle Road (State Highway 55) between 2021 and 2025.
• The intersection of Fairview Avenue and Locust Grove Road is listed in the CIP to be widened
to 7-lanes on the north leg, 7-lanes on the south, 9-lanes east, and 9-lanes on the west leg,
and signalized between 2021 and 2025.
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 Fairview Avenue as 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 87 vehicle trips per day; 7 vehicle
trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip
Generation Manual, 10t" edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Functional PM Peak Hour PM Peak
Roadway Frontage Classification Traffic Count Hour Level of
Service
Fairview Avenue 103-feet Principal Arterial 1,373 Better Than
"E„
Wilson Lane 38-feet Local N/A N/A
* Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Fairview Avenue east of Locust Grove Road was 28,258
on 10/28/2020.
• There are no current average daily traffic counts for Wilson Lane east of Locust Grove Road.
C. Findings for Consideration
1. Fairview Avenue
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a. Existing Conditions: Fairview Avenue is improved with 5-travel lanes, 5-foot wide detached
sidewalk and no curb or gutter abutting the site. There is 108-feet of right-of-way for Fairview
Avenue (58-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 7-lane street section shall be 96-feet(back-of-curb to back-of-curb)within 120-
feet of right-of-way. This width typically accommodates three travel lanes in each direction, a
continuous raised or landscaped median with intermittent turn lanes, and safety shoulders.
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.
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).
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.
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M E R21-0100/ H-2021-0049
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 Fairview Avenue is designated in the
MSM as a Mobility Arterial with 7-lanes and on-street bike lanes, a 98 to 104-foot street section
within 122 to 128-feet of right-of-way.
c. Applicant Proposal: The applicant has proposed to dedicate additional right-of-way to total 62-
feet from the centerline of Fairview Avenue abutting the site.
The applicant is proposing to construct a 25-foot wide bollard gated emergency access only
onto Fairview Avenue located approximately 18-feet east of the site's west property line
(measured property line to centerline).
Staff Comments/Recommendations: This segment of Fairview Avenue abutting the site is
within the influence area of ACHD's Locust Grove Road to Eagle Road (State Highway 55)
project is listed in the CIP and IFYWP; between 2021 and 2025 for 7-lane widening and
improvements, construction is anticipated to begin in 2023. Pavement widening is not required,
as Fairview Avenue is already 5 lanes, and the existing pavement will be removed and replaced
as part of ACHD's project.
The applicant's proposal to dedicate additional right-of-way to total 62-feet from centerline of
Fairview Avenue abutting the site, meets District policy and should be approved as proposed.
Compensation for the right-of-way dedication will be provided since this segment of Fairview
Avenue is scheduled in the IFYWP.
The applicant's proposal to construct a 25-foot wide bollard gated emergency access only onto
Fairview Avenue is approved, as proposed. The emergency access only driveway should be
restricted with a gate or bollards, as determined by the Meridian Fire Department. The gate or
bollards should be located outside of the dedicated right-of-way. Direct lot access is prohibited
to Fairview Avenue as the site has access to proposed Wilson Lane, a collector roadway.
Any pavement cuts to access utilities should be made prior to ACHD's Fairview Avenue
widening project scheduled to begin in 2023. After ACHD's project, this segment of Fairview
Avenue will be added to the No Cut Moratorium.
2. Wilson Lane
a. Existing Conditions: There are no existing roads on site. Wilson Lane stubs to the site's east
property line as a 36-foot wide collector street section and to the west property line as a 40-foot
wide commercial collector street section with 2 travel lanes, curb, gutter, and sidewalk.
b. Policy:
Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for
improving all collector frontages adjacent to the site or internal to the development as required
below, regardless of whether access is taken to all of the adjacent streets.
Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector
street is designated with a typology on the Master Street Map, that typology shall be considered
for the required street improvements. If there is no typology listed in the Master Street Map,
then standard street sections shall serve as the default.
Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard
right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location
and width of the sidewalk and the location and use of the roadway. The right-of-way width may
be reduced, with District approval, if the sidewalk is located within an easement; in which case
the District will require a minimum right-of-way width that extends 2-feet behind the back-of-
curb on each side.
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The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically
accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike
lanes.
Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all collector 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.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway
features required through development. A new collector roadway was identified on the MSM
with the street typology of Commercial Collector. The new collector roadway should align with
Wilson Lane on the west side of Wilson Lane and continue through the property stubbing to the
east. The Commercial Collector typology as depicted in the Livable Street Design Guide
recommends a 2-lane roadway with bike lanes, and a 36-foot street section within 54-feet of
right-of-way.
c. Applicant's Proposal: The applicant is proposing to extend and construct Wilson Lane into the
site as '/2 of a 2-lane, 36-foot wide Commercial Collector Roadway with 5-foot wide attached
sidewalk, curb, and gutter on the north side of the roadway at the site's southern property line.
The applicant is proposing to dedicate right-of-way to total 40-feet from the centerline of
proposed Commercial Collector Roadway, Wilson Lane abutting the site.
d. Staff Comments/Recommendations: The applicant's proposal to extend and construct Wilson
Lane into the site as half of a 2-lane 36-foot wide collector roadway with 5-foot wide attached
sidewalk, curb, and gutter on the north side of the roadway generally meet's District policy, with
the exception of the sidewalk width, as 7-foot wide attached concrete sidewalks are required on
collector roadways. This parcel extends south abutting the Pine 43 development, because of
this Pine 43 was unable to construct their half of Wilson Lane, as they did not control the
property and this applicant did not dedicate right-of-way to allow for the roadway to be
constructed as part of the Pine 43 project. However, Pine 43 is construction vertical curb, and
a sidewalk abutting the entire site. Wilson Lane should be constructed to taper from a 40-foot
wide street section at the site's west property line to a 36-foot wide collector street section at
the east and be constructed with vertical curb, gutter, and 7-foot wide attached or 5-foot wide
detached concrete sidewalks on north side of the roadway and with gutter an to match into
vertical curb to be by Pine 43. The applicant should be required to dedicate right-of-way to
extend 2-feet behind the back of an attached sidewalk and to encompass all improvements on
the southside of Wilson Lane. If detached sidewalk and street trees are required by the City of
Meridian, then the applicant should provide an 8-foot wide planter strip.
3. Driveways
3.1 Fairview Avenue
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a. Existing Conditions: There is an existing 21-foot wide paved curb return type driveway from
the site onto Fairview Avenue located approximately 61-feet west of the site's east property line
(measured property line-to-centerline).
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 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.
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 applicant is proposing to close the existing 21-foot wide paved
driveway with landscaping and 5-foot wide detached concrete sidewalk abutting the site along
Fairview Avenue.
The applicant has proposed to construct a 25-foot wide; curb return type gated emergency
access only driveway onto Fairview Avenue located approximately 18-feet east of the site's
west property line (measured property line to centerline).
Staff Comments/Recommendations: The applicant's proposal to close the existing 21-foot
wide driveway with landscaping and 5-foot wide detached concrete sidewalk meets the District's
Access Policy and should be approved as proposed. Direct lot access is prohibited to Fairview
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Avenue, an arterial roadway as the site has frontage and access to Wilson Lane, a lesser
classified, collector roadway.
The applicant's proposal to construct a 25-foot wide; curb return type gated emergency access
only driveway onto Fairview Avenue located approximately 18-feet east of the site's west
property line meets District Policy and should be approved as proposed. The driveway should
be restricted with a gate or bollards located outside of the right-of-way, as determined by the
Meridian Fire Department.
3.2 Wilson Lane
a. Existing Conditions: There is no existing driveway from the site onto Wilson Lane.
b. Policy:
Access 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.
District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the
local street system and carry that traffic to the nearest arterial. A secondary function is to service
adjacent property. Access will be limited or controlled. Collectors may also be designated at
bicycle and bus routes.
Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on collector
roadways with a speed limit of 20 MPH and daily traffic volumes greater than 100 VTD to align or
offset a minimum of 245-feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7206.4.6 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,
7206.4.6, 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 7206.4.6.
c. Applicant's Proposal: The applicant is proposing to construct a 25-foot wide curb cut type
driveway, located approximately 18-feet east of the site's west property line (measured property
line to centerline), from the site onto proposed Wilson Lane.
d. Staff Comments/Recommendations: The applicant's proposal does not meet The District's
Successive Driveway Policy; however, staff recommends a modification of policy to allow the
driveway to be located as proposed due to the fact that this 25-foot wide driveway from the site
onto proposed Wilson Lane will be the primary access to the site and direct lot access is prohibited
to Fairview Avenue the only other access to the site. Note the driveway should be constructed in
a curb return type.
4. 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.
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5. 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.
6. Other Access
Fairview Avenue is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to Fairview Avenue and should be
noted on the final plat.
D. Site Specific Conditions of Approval
1. Dedicate additional right-of-way to total 62-feet from centerline of Fairview Avenue abutting the site.
Compensation will be provided for this right-of-way dedication.
2. Close the existing 21-foor wide driveway from the site onto Fairview Avenue with landscaping and
5-foot wide detached concrete sidewalk.
3. Construct a 25-foot wide bollard gated emergency access only onto Fairview Avenue, located
approximately 18-feet east of the site's west property line. Install a gate or bollards located outside
of the right-of-way as required by the Meridian Fire Department to restrict driveway to emergency
access only.
4. Direct lot access is prohibited to Fairview Avenue.
5. Extend, construct Wilson Lane into the site as a complete 36-foot wide collector street section
abutting the entire site. Wilson Lane shall taper from 40-foot wide street section at the site's west
property line to a 36-foot wide collector street section at the east and be constructed with vertical
curb, gutter, and 7-foot wide attached or 5-foot wide detached concrete sidewalks on north side of
the roadway and with gutter and to match into vertical curb to be by Pine 43. Dedicate right-of-way
to encompass of the improvements for Wilson Lane.
6. If detached sidewalks and street trees are required by the City of Meridian, then construct an 8-foot
wide planter strip.
7. Construct a 25-foot wide curb return type driveway from the site onto proposed Wilson Lane, located
approximately 18-feet east of the site's west property line.
8. 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.
9. Payment of impact fees is due prior to issuance of a building permit.
10. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
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M E R21-0100/ H-2021-0049
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.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Appeal Guidelines
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M E R21-0100/ H-2021-0049
VICINITY MAP
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10 Fairview Row Townhomes
M E R21-0100/ H-2021-0049
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11 Fairview Row Townhomes
M E R21-0100/ H-2021-0049
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.
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