HomeMy WebLinkAbout2022-09-06 ACHD Updated Report concerning Legal Issue with Report Development Services Department
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Project/File: Artemisia Subdivision/ MPP21-0008/ H-2021-0014
This is an annexation and rezoning application to annex 25.67 acres with a C-G zoning
district, and a preliminary plat application to develop 9 commercial lots on 19.26 acres.
Lead Agency: City of Meridian
Site address: 1690 W. Overland Road Vicinity Map
Staff Approval: Aril 7 2021
Owner: Idaho Auto Mall, LLC '' EB,it,
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3449 E. Copper Point Drive
Meridian, ID 83642 `
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Representative: Becky McKay
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Staff Contact: Paige Bankhead, E.I. - - —
Phone: 387-6293
E-mail: pbankhead(a_achdidaho.org r_r hs� i
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of an annexation and rezoning
application to annex 25.67 acres with a C-G (General Retail & Service Commercial) zoning
district, and a preliminary plat application to develop 9 commercial lots on 19.26 acres with a
92,307 square foot Kendall Ford Auto Center which includes commercial and recreational vehicle
service, retail parts sales, auto detail/reconditioning facility, vehicle accessories sales/installation
and office.
The City of Meridian's Future Land Use Map designates this area as Mixed Use Residential and
Industrial.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North 1-84 NA
South Community Business C-C
East Light Industrial I-L
West Rural Urban Transition (Ada County) RUT
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:
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• Blue Valley Elementary School, a public elementary school on 11.51 acres located to the
south of the site, approved by ACHD on July 6, 2020.
5. Transit: Transit services are available to serve this site via Route 42 and 40.
6. 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.
7. New Center Lane Miles: The proposed development includes 0.13 centerline miles of new public
road.
8. 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.
9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Linder Road is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and
widened to 5-lanes on each side of 1-84 with a level 3 bike facility from Franklin Road to
Overland Road in the future.
• The intersection of Overland Road and Linder Road is listed in the CIP to be widened 6-lanes
on the north and south legs and 7-lanes on the east west legs and signalized between 2036
and 2040.
10. 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 Linder Road as a Level 3 facility and Overland Road as a Level 2 facility
that will be constructed as part of a future ACHD project.
B. Traffic Findings for Consideration
1. Trip Generation: The Kendall Ford Auto Center is estimated to generate 1,542 trips per day and
190 trips in the PM peak hour based on the Automobile Parts and Service Center — ITE Code 943,
in the Institute of Transportation Engineers Trip Generation Manual, 11th edition.
The following table includes the trip generates rates for the future anticipated land uses, based on
the Institute of Transportation Engineers Trip Generation Manual, 10th edition.
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Unit of Average Daily PM Peak
Land Use Hour Trip
Measurement Trips Generation
General Office Per 1,000 square 9.74 1.15
feet
Shopping Center Per 1,000 square 37.75 3.81
pp g feet
2. Traffic Impact Study
Staff determined that a traffic impact study was not necessary for this development since Overland
Road abutting the site is fully improved and the intersection of Overland Road/Linder Road is listed
in the CIP to be widened and signalized between 2036 and 2040. However, a traffic impact study
or additional traffic analysis may be required with future developments within Artemisia Subdivision
to evaluate the increase in the average daily traffic on Spanish Sun Way since it is currently the
sole access to the development. See Finding 4.
3. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Functional PM Peak Hour PM Peak Hour
Roadway Frontage Classification Traffic Count Level of
Service
Overland Road 870-feet Principal 520 Better than "D"
Arterial
Linder Road 0-feet Minor Arterial 188 Better than "D"
• Acceptable level of service for a five-lane principal arterial is "E" (1,780 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).
4. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Overland Road east of Ten Mile Road was 9,101 on
07/14/2020.
• The average daily traffic count for Linder Road south of Overland Road was 2,967 on
08/15/2018.
C. Findings for Consideration
1. Overland Road
a. Existing Conditions: Overland Road is improved with 5-travel lanes, vertical curb and gutter
no sidewalk abutting the site. There is 114-feet to 128-feet total of right-of-way and permanent
right-of-way easements for Overland Road (60-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
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Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb)within 96-
feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District's planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
streets adjacent to a proposed development may be required. These improvements are to
correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or
replacement; curb and gutter construction or replacement; replacement of unused driveways
with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement
repairs; signs; traffic control devices; and other similar items.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Overland Road is designated in the
MSM as a Planned Commercial Arterial with 5-lanes and bike facilities, a 72-foot street section
within 96-feet of right-of-way.
c. Applicant Proposal: The applicant has proposed to construct a 5-foot detached concrete
sidewalk abutting the site on Overland Road within the existing right-of-way and permanent
right-of-way easements.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved, as proposed. The applicant should be required to provide a minimum 6-
foot wide landscape strip between the sidewalk and Overland Road abutting the site. If street
trees are desired, an 8-foot wide planter strip is required.
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For detached sidewalk located outside of the right-of-way or the existing right-of-way
easements, the applicant should provide a permanent right-of-way easement that extends from
the right-of-way line or easement line to 2-feet behind the back of sidewalk.
There is already 114-feet to 128-feet of right-of-way for Overland Road abutting the site,
exceeding the requirement in the MSM. Therefore, staff recommends no additional right-of-way
dedication be required on Overland Road abutting the site with this development application.
Consistent with the District's Minor Improvements Policy, the applicant should be required to
replace any broken or deteriorated segments of curb and gutter on Overland Road abutting the
site.
2. Linder Road — Unopened Right-of-Way
a. Existing Conditions: Linder Road has not yet been constructed abutting the site. There is
100-feet to 150-feet of unopened right-of-way for the construction of Linder Road in the future.
This segment of Linder Road is listed in the IFYWP to be constructed as a 5-lane roadway and
a 4-lane overpass in the future.
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb)within 96-
feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District's planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
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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 Linder Road is designated in the MSM
as a Residential Arterial with 5-lanes and bike facilities, a 72-foot street section within 100-feet
of right-of-way.
c. Applicant Proposal: The applicant has proposed to construct a 10-foot wide concrete pathway
within a landscape easement located outside of the right-of-way for Linder Road abutting the
site. The applicant has proposed to continue the pathway along the perimeter of the property to
connect to Tasa Street on the west side of the property.
The applicant has proposed to dedicate additional right-of-way to accommodate the future
Linder Road overpass to mirror the taper and extents on east side of the right-of-way for the
overpass. See the figure below. The applicant has also proposed to dedicate additional right-
of-way to total 57-feet from the section line abutting the site to the east for Linder Road
beginning at the taper for the right-of-way and extending south to Overland Road.
d. Staff Comments/Recommendations: This segment of Linder Road is listed in the IFYWP to
be constructed as a new 4-lane 1-84 overpass and widened to 5-lanes on each side of I-84 with
a level 3 bike facility from Franklin Road to Overland Road in the future. The applicant's proposal
to dedicate additional right-of-way for the overpass meets District Policy and should be
approved, as proposed. Compensation will be provided for this right-of-way dedication since it
listed in the IFYWP.
6 Artemisia Subdivision/
M P P21-0008/ H-2021-0014
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The CIP indicates that 114-feet of right-of-way is required for the future intersection
improvements for the 500-feet of Linder Road that extends north from Overland Road abutting
the site. The widening of the right-of-way for the overpass begins approximately 370-feet north
of the site's south property line. The applicant's proposal to dedicate additional right-of-way to
total 57-feet from the section line south of the taper to Overland Road abutting the site meets
District Policy and the CIP and should be approved, as proposed. Compensation will be
provided for this right-of-way dedication since it listed in the CIP.
Typically, the applicant would be required to construct 34-feet of pavement, 3-foot wide gravel
shoulders and 5-foot wide detached concrete sidewalk within the unopened right-of-way for
Linder Road abutting the site. However, this segment of Linder Road is listed to be constructed
as a 5-lane roadway and an overpass and has not yet been designed. If pavement and sidewalk
were constructed in the unopened right-of-way with this development application, it would need
to be removed with the construction of the overpass in the future. Therefore, the applicant
should not be required to construct the pavement, gravel shoulder or sidewalk improvements
within the unopened right-of-way for Linder Road with this development application.
The applicant's proposal to construct a 10-foot pathway for Linder Road abutting the site
exceeds District Policy which requires a 5-foot wide detached or 7-foot wide attached sidewalk
on arterial roadways. However, as stated above, construction sidewalk improvements of Linder
Road is not required with this development application. Therefore, staff recommends that the
pathway remain a private pathway with this development.
3. Spanish Sun Way and Tasa Street
a. Existing Conditions: There are no roadways within the site.
b. Policy:
7 Artemisia Subdivision/
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Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible
for improving all commercial 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 7208.5 states that right-of-way widths
for new commercial streets shall typically be 50 and 70-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 36-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and 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 46-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and a center turn lane and bike lanes.
Continuation of Streets Policy: District Policy 7208.2.4 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 7208.5.6 requires a concrete sidewalks at least 5-feet wide to
be constructed on both sides of all commercial 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 7208.5.7 states that the minimum radius permitted
for a turnaround is 55-feet to back-of-curb.
c. Applicant's Proposal: The applicant has proposed to construct Spanish Sun Way to intersect
Overland Road and continue it through the site to intersect Tasa Street which will stub to the
site's west property line. The applicant has proposed to construct Spanish Sun Way as a 40-
foot wide commercial street section with vertical curb, gutter and 5-foot wide attached concrete
sidewalk within 60-feet of right-of-way with right-of-way that extends to 5-feet behind the back
of sidewalk. The applicant has proposed to construct Tasa Street as a 36-foot wide commercial
street section with vertical curb, gutter and 5-foot wide attached concrete sidewalk within 60-
feet of right-of-way with right-of-way that extends to 5-feet behind the back of sidewalk.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved, as proposed. The applicant may reduce the right-of-way width to 2-feet
behind the back of sidewalk.
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The applicant should be required to construct a temporary cul-de-sac with a minimum radius of
55-feet at the terminus of Tasa Street since it is a stub street that is longer than 150-feet,
consistent with Finding 6.
4. Maximum Traffic on One Access — Spanish Sun Way
a. Policy:
Maximum Traffic on One Access: District Policy 7208.3.3 states that if a proposed
development only has one access to a public street that is a commercials street, or if it proposes
to extend public streets from existing development with only commercial street access to the
public street system, the maximum forecast ADT (Average Daily Trips) to be allowed at any
point on the commercial street access is 3,000. This volume may be reduced or increased
based on information received from the lead land use agency, the applicable fire department,
and/or emergency services. The District will also take into consideration the following items
when determining whether or not to reduce or increase the maximum allowable ADT: railroad
crossings, canal crossings, and topography.
b. Staff Comments/Recommendations: Spanish Sun Way, a commercial roadway, will be the
sole access to the development until Tasa Street is extended to the west and connects to
another public roadway that will provide a second access to the development. The Kendall Ford
Auto Center is estimated to generate 1,542 trips per day and 190 trips in the PM peak hour
based on the Automobile Parts and Service Center — ITE Code 943, in the Institute of
Transportation Engineers Trip Generation Manual, 11th edition. Consistent with District Policy,
the maximum projected ADT allowed on a commercial street that is the sole access for a
development is 3,000. Spanish Sun Way will not exceed the threshold with proposed Kendall
Ford Auto Center; however, it is possible that the additional trips generated from future
developments within the Artemisia Subdivision may cause the ADT on Spanish Sun Way to
exceed 3,000. If Spanish Sun Way is the only access to Artemisia Subdivision at the time of
construction of future development(s) within the subdivision, those development(s) may be
required to submit an analysis showing that the ADT on Spanish Sun Way will not exceed 3,000
with the additional daily trips generated from the development(s).
5. Roadway Offsets
a. Existing Conditions: There are no roadways within the site.
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).
Commercial Street Spacing: District policy 7208.4.2, requires commercial roadways
intersecting other local streets(residential, industrial or commercial)to provide a minimum offset
of 125-feet from any other roadway or intersection (measured centerline to centerline).
c. Applicant's Proposal: The applicant has proposed to construct Spanish Sun Way to intersect
Overland Road and align it centerline to centerline with Spanish Sun Way on the south side of
Overland Road located 706-feet west of Linder Road.
The applicant has proposed to construct Tasa Street to intersect Spanish Sun Way 470-feet
north of Overland Road, as measured along the centerline of Spanish Sun Way.
d. Staff Comments/Recommendations: The applicant's proposal to construct Tasa Street
intersect Spanish Sun Way meets District Policy and should be approved, as proposed.
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The applicant's proposal to construct Spanish Sun Way to intersect Overland Road does not
meet the 1,320-feet of spacing required for local streets intersecting a principal arterial roadway.
However, it meets the intent of the Policy since it aligns with Spanish Sun Way on the south
side of Overland Road across from the site. Therefore, the applicant's proposal meets District
Policy and should be approved as proposed.
6. Stub Streets
a. Existing Conditions: There are no stub streets to the site.
b. Policy:
Stub Street Policy: District policy 7208.2.4.3 (commercial) states that stub streets will be
required to provide circulation or to provide access to adjoining properties. Stub streets will
conform with the requirements described in Section 7208.2.4 (commercial), except a temporary
cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign
shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
In addition, stub streets must meet the following conditions:
• A stub street shall be designed to slope towards the nearest street intersection within the
proposed development and drain surface water towards that intersection; unless an
alternative storm drain system is approved by the District.
• The District may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
Temporary Dead End Streets Policy: 7208.2.4.4 (commercial) requires that the design and
construction for cul-de-sac streets shall apply to temporary dead end streets. The temporary
cul-de-sac shall be paved and shall be the dimensional requirements of a standard cul-de-sac.
The developer shall grant a temporary turnaround easement to the District for those portions of
the cul-de-sac which extend beyond the dedicated street right-of-way. In the instance where a
temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the
easement and identified on the plat as a non-buildable lot until the street is extended.
c. Applicant Proposal: The applicant has proposed to construct Tasa Street to stub to the site's
west property line 410-feet north of the site's south property line.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved, as proposed. The applicant should be required to install a sign at the
terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
In addition, the proposed stub street is longer than 150-feet. Consistent with District Policy, the
applicant should be required to construct a temporary cul-de-sac at the terminus of the stub
street. The temporary cul-de-sac shall be paved and shall be the dimensional requirements of
a standard cul-de-sac. The developer shall grant a temporary turnaround easement to the
District for those portions of the cul-de-sac which extend beyond the dedicated street right-of-
way. In the instance where a temporary easement extends onto a buildable lot, the entire lot
shall be encumbered by the easement and identified on the plat as a non-buildable lot until the
street is extended.
7. Driveways
7.1 Overland Road
a. Existing Conditions: There is one existing 20-foot wide paved driveway from the site onto
Overland Road located 296-feet west of Linder road. There is one 50-foot wide curb return type
driveway cut from the site onto Overland Road located 706-feet west of Linder Road that aligns
with Spanish Sun Way.
b. Policy:
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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 45 MPH to align or offset a minimum of 380-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.
c. Applicant's Proposal: The applicant has proposed to close the existing driveway located 296-
feet west of Linder Road with curb, gutter and sidewalk. The applicant has proposed to construct
Spanish Sun Way at the existing curb return approach located 706-feet west of Linder Road
aligning with Spanish Sun Way on the south side of Overland Road.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved, as proposed.
7.2 Spanish Sun Way and Tasa Street
a. Existing Conditions: There are no existing roadways within the site.
b. Policy:
Driveway Location Policy: District policy 7208.4.1 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/arterial or arterial street intersection.
Successive Driveways: District Policy 7208.4.1 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 7208.4.3 restricts commercial driveways to a maximum
width of 40-feet. Most commercial driveways will be constructed as curb-cut type facilities.
11 Artemisia Subdivision/
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Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7208.4.3, 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 7208.4.3 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 has proposed to construct one 36-foot wide paved private
drive with a curb return type approach onto Spanish Sun Way on the east side of the street located
330-feet north of Overland Road that will provide access to Spanish Sun Way for the lots proposed
on the east side of the site. The applicant has also proposed to construct a 30-foot wide paved
curb return type driveway onto the east side of Spanish Sun Way located 65-feet north of the
private drive.
The applicant has proposed to construct a 40-foot wide curb return type driveway on the north
side of Tasa Street aligning with Spanish Sun Way. The applicant has also proposed to construct
a 28-foot wide paved curb return type driveway onto the north side of Tasa Street located 233-
feet west of the 40-foot wide driveway.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should
be approved, as proposed.
8. Nampa-Meridian Irrigation Lateral Crossing
The District will require that the applicant submit the crossing plans for the crossing of the Nampa-
Meridian irrigation lateral for review and approval prior to the pre-construction meeting and final plat
approval. Note: all plan submittals for bridges or pipe crossings of irrigation facilities should be
submitted to ACHD for review no later than December 151" for construction in the following year
prior to irrigation season.
9. 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.
10. 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.
11. Other Access
Overland Road and Linder Road are classified as principal arterials roadways. Other than the
access specifically approved with this application, direct lot access is prohibited to these roadways
and should be noted on the final plat.
12 Artemisia Subdivision/
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D. Site Specific Conditions of Approval
1. Construct 5-foot wide detached concrete sidewalk with a minimum 6-foot wide planter strip on
Overland Road abutting the site. If street trees are desired, an 8-foot wide planter strip is required.
2. Replace any broken or deteriorated segments of curb and gutter on Overland Road abutting the
site.
3. In order to accommodate the construction of the Linder Road 1-84 overpass in the future abutting
the site, dedicate additional right-of-way abutting the site so that it mirrors the extents of the existing
right-of-way taper to the east, as shown in Finding 2. Compensation will be provided for this right-
of-way dedication.
4. Dedicate additional right-of-way to total 57-feet from the section line, consistent with the CIP, for
Linder Road abutting the site beginning at the site's south property line to where the taper for the
overpass begins. Compensation will be provided for this right-of-way dedication.
5. Construct Spanish Sun Way as a 40-foot wide commercial street section with vertical curb, gutter
5-foot wide attached concrete sidewalk within 60-feet of right-of-way, as proposed. The applicant
may reduce the right-of-way width to 2-feet behind the back of sidewalk.
6. Construct Spanish Sun Way to intersect Overland Road and align it centerline to centerline with
Spanish Sun Way on the south side of Overland Road located 706-feet west of Linder Road, as
proposed.
7. Construct Tasa Street as a 36-foot wide commercial street section with vertical curb, gutter and 5-
foot wide attached concrete sidewalk within 60-feet of right-of-way, as proposed. The applicant
may reduce the right-of-way width to 2-feet behind the back of sidewalk.
8. Construct Tasa Street to intersect Spanish Sun Way 470-feet north of Overland Road, as measured
along the centerline of Spanish Sun Way, as proposed.
9. Construct Tasa Street to stub to the site's west property line 410-feet north of the site's south
property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE."
10. Construct a temporary cul-de-sac at the terminus of Tasa Street with a minimum radius of 55-feet.
Grant a temporary turnaround easement to the District for those portions of the cul-de-sac which
extend beyond the dedicated street right-of-way. In the instance where a temporary easement
extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on
the plat as a non-buildable lot until the street is extended.
11. Close the existing driveway from the site onto Overland Road located 296-feet west of Linder Road
with curb, gutter and sidewalk to match improvements on either side, as proposed.
12. Construct one 36-foot wide paved private drive with a curb return type approach onto Spanish Sun
Way on the east side of the street located 330-feet north of Overland Road, as proposed.
13. Construct one 30-foot wide paved curb return type driveway onto the east side of Spanish Sun Way
located 65-feet north of the private drive, as proposed.
14. Construct one 40-foot wide paved curb return type driveway on the north side of Tasa Street
aligning with Spanish Sun Way, as proposed.
15. Construct one 28-foot wide paved curb return type driveway onto the north side of Tasa Street
located 233-feet west of the 40-foot wide driveway, as proposed.
13 Artemisia Subdivision/
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16. For detached sidewalk located outside of the right-of-way or the existing right-of-way easements,
the applicant should provide a permanent right-of-way easement that extends from the right-of-way
line or easement line to 2-feet behind the back of sidewalk.
17. Submit the crossing plans for the crossing of the Nampa-Meridian irrigation lateral for review and
approval prior to the pre-construction meeting and final plat approval. Note: all plan submittals for
bridges or pipe crossings of irrigation facilities should be submitted to ACHD for review no later than
December 1511 for construction in the following year prior to irrigation season.
18. Other than the access specifically approved with this application, direct lot access is prohibited to
Overland Road and the future Linder Road and should be noted on the final plat.
19. 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.
20. Payment of impact fees is due prior to issuance of a building permit.
21. 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
14 Artemisia Subdivision/
M P P21-0008/ H-2021-0014
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines OR Appeal Guidelines
15 Artemisia Subdivision/
M P P21-0008/ H-2021-0014
VICINITY MAP
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16 Artemisia Subdivision/
M P P21-0008/ H-2021-0014
SITE PLAN
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17 Artemisia Subdivision/
M PP21-0008/ H-2021-0014
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.
18 Artemisia Subdivision/
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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.
19 Artemisia Subdivision/
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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.
20 Artemisia Subdivision/
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Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 11:00 a.m. 2 days prior to the Commission's next scheduled regular meeting
following the meeting at which the action to be reconsidered was taken. Upon receipt of
the request, the Secretary shall cause the same to be placed on the agenda for that next
scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth
new facts and information not presented at the earlier meeting, or a changed situation that
has developed since the taking of the earlier vote, or information establishing an error of
fact or law in the earlier action. The request may also be supported by oral testimony at
the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACHD staff for further review. The Commission may set the date of the meeting at which
the matter is to be returned. The Commission shall only take action on the original matter
at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
21 Artemisia Subdivision/
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