HomeMy WebLinkAbout2023-02-01 ACHD Development Services Department
ACHD
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Project/File: Wood Rose Apartments/ MPP22-0044/ H-2022-0086
This is a conditional use permit application to allow for the development of a 46-unit
affordable housing complex on 4.54 acres.
Lead Agency: City of Meridian
Vicinity Map
Site address: 1160 W Ustick Road 17,
Staff Approval: February 1, 2023 ,
Applicant: Nate Wheeler ,,
The Housing Company
656 W Myrtle Street = ',
Boise, ID 83702 -� At
Staff Contact: Carbella Medina W
Phone: 208-387-6329
E-mail: cmedina(o-)-achdidaho.org
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A. Findings of Fact .
1. Description of Application: The applicant is requesting approval for a conditional use permit
application on 4.54 acres in R-15 (Medium-High Density Residential) to allow for the future
development of a 46-unit affordable housing complex.
The applicant's proposal is consistent with the City of Meridian's Future Land Use Map which
designates this area as Medium Density Residential and Mixed-Use Community.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North Medium Density Residential R-8
South Medium Density Residential and Mixed-Use Community R-8
East Medium Density Residential and Mixed-Use Community C-C
West Medium Density Residential R-8
3. Site History: ACHD staff previously reviewed this site as Ustick Rezone/ MER21-0142/ H-2021-
0092 in December 2021. The requirements of this staff report are consistent with those of the
prior action.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• The Settlers Square Subdivision, a 12-lot commercial subdivision located east of the site,
was approved by ACHD Staff on December 2nd, 2015
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5. Transit: Transit services are not available to serve this site.
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 0.02 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):
There are no roadways, bridges or intersections in the general vicinity of the project that are in the
Integrated Five Year Work Plan (IFYWP) or the District's Capital Improvement Plan (CIP).
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 Ustick 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: This development is estimated to generate 250 additional vehicle trips per day;
24 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation
Engineers Trip Generation Manual, 11th 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
Ustick Road 666-feet Principal Arterial 1,045 Better than "E"
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MPP22-0044/ H-2022-0086
* 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 Ustick Road east of Linder Road was 19,444 on October
18, 2021.
C. Findings for Consideration
1. Ustick Road
a. Existing Conditions: Ustick Road is improved with 5-travel lanes, vertical curb, gutter, and 5-
foot wide detached concrete sidewalk abutting the site. There is 96-feet of right-of-way for
Ustick Road (47-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.
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.
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ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Ustick Road is designated in the MSM
as a Planned Commercial Arterial with 5-lanes and on-street bike lanes, a 72-foot street section
within 96-feet of right-of-way.
c. Applicant Proposal: The applicant is not proposing any improvements to Ustick Road abutting
the site.
d. Staff Comments/Recommendations: Ustick Road is fully improved with 5-travel lanes, bike
lanes, curb, gutter, and 5-foot wide detached concrete sidewalk; therefore, no additional right-
of-way dedication or street improvements are required as part of this development application.
Consistent with the District's Minor Improvements Policy, the applicant should be required to
repair or replace any damaged or deteriorated curb, gutter, and sidewalk on Ustick Road
abutting the site.
2. Cooper Lane — Internal Local Road
a. Existing Conditions: There are no internal local roads within the site. Cooper Lane is unpaved
and located 85-feet west of the site's east property line.
b. Policy:
Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local street frontages adjacent to the site regardless of whether or not access is
taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way widths
for all local streets shall generally not be less than 47-feet wide and that the standard street
section shall be 33-feet (back-of-curb to back-of-curb).
Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a
street in an approved preliminary plat, which ends at a boundary of a proposed development
shall be extended in that development. The extension shall include provisions for continuation
of storm drainage facilities. Benefits of connectivity include but are not limited to the following:
• Reduces vehicle miles traveled.
• Increases pedestrian and bicycle connectivity.
• Increases access for emergency services.
• Reduces need for additional access points to the arterial street system.
• Promotes the efficient delivery of services including trash, mail and deliveries.
• Promotes appropriate intra-neighborhood traffic circulation to schools, parks,
neighborhood commercial centers, transit stops, etc.
• Promotes orderly development.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some local
jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District's Tree Planting Policy. If no trees are to be planted in the parkway
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strip, the applicant may submit a request to the District, with justification, to reduce the width of
the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
c. Applicant's Proposal: The applicant is proposing to construct an internal local road, Cooper
Lane, as a 33-foot local street section with curb, gutter, and 5-foot wide attached concrete
sidewalks located 31.5-feet west of the site's east property line.
d. Staff Comments/Recommendations: The applicant's proposal to construct an internal road,
Cooper Lane, as a 33-foot local street section with curb, gutter, and 5-foot wide attached
concrete sidewalk meets District policy and should be approved, as proposed.
The applicant should be required to dedicate 47-feet of right-of-way for the extent of Cooper
Lane within the site.
3. Roadway Offsets
a. Existing Conditions: There are no internal local roads 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).
c. Applicant's Proposal: The applicant is proposing to construct an internal road, Cooper Lane,
to intersect Ustick Road located 31.5-feet west of the site's east property line to align with
Blairmore Way on the south side of Ustick Road.
d. Staff Comments/Recommendations: The applicant's proposal does not meet the District's
Local Street Intersection Spacing on Principal Arterials policy which states the minimum
allowable offset be 1,320-feet as measured from all other existing roadways. However, staff
recommends an approval of the location of Cooper Lane, as it is proposed to align with the
existing Blairmore Way located on the southside of Ustick Road, meeting the intent of the policy.
4. Stub Streets
a. Existing Conditions: Approximately 11-feet of an existing public local street, 11th Avenue,
stubs to the site's north property line at the northwest corner.
b. Policy:
Stub Street Policy: District policy 7207.2.4.3 states that stub streets will be required to provide
circulation or to provide access to adjoining properties. Stub streets will conform with the
requirements described in Section 7207.2.4, except a temporary cul-de-sac will not be required
if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus
of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
In addition, stub streets must meet the following conditions:
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• 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: District policy 7207.2.4.4 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 is proposing to stub Cooper w
Lane to the site's north property line located 31.5-feet west of the Uj
site's east property line.
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The applicant is proposing to dedicate additional right-of-way at the r
site's northwest corner to accommodate for the future extension of
111" Avenue into the site to the west, 1250 W Ustick Road. See i++
image on the right.
Staff Comments/Recommendations: The applicant's proposal to
stub Cooper Lane to the site's north property line meets District ;r t
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". A +� +
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temporary turn around is not required as the stub street is less than
150-feet in length. 7�
The applicant's proposal to dedicate additional right-of-way at the ,
+D'w;'A�uT1CA[pH[Y
site's northwest corner to accommodate for the future extension of
11th Avenue into the site to the west, 1250 W Ustick Road, meets C
District policy and should be approved, as proposed.
5. Driveways
5.1 Ustick Road
a. Existing Conditions: There is an existing 27-foot wide curb cut driveway from the site onto
Ustick Road located 260-feet east of the site's west property line.
There is an existing 33-foot wide curb cut driveway from the site onto Ustick Road located 92-
feet west of the site's east property line.
b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1 b under District policy 7205.4.7, unless a waiver for the access point has been approved
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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 400-feet
from any existing or proposed driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-
volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be
required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as that which
"is permitted for use until appropriate alternative access becomes available". Temporary access
may be granted through a development agreement or similar method, and the developer shall
be responsible for providing a financial guarantee for the future closure of the driveway.
Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross
access utilizes a single vehicular connection that serves two or more adjoining lots or parcels
so that the driver does not need to re-enter the public street system.
c. Applicant's Proposal: The applicant is proposing to close both existing driveways from the
site onto Ustick Road.
d. Staff Comments/Recommendations: The applicant's proposal to close the two existing
driveways from the site onto Ustick Road meets District policy and should be approved, as
proposed.
The applicant should be required to close both existing driveways with vertical curb, gutter, and
5-foot wide detached concrete sidewalk to match the existing conditions abutting the site.
5.2 Cooper Lane
a. Existing Conditions: There are no internal local roads within the site.
b. Policy:
Driveway Location Policy: District policy 7207.4.1 requires driveways near intersections to be
located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street
intersection, and 150-feet from the nearest collector or arterial street intersection.
Successive Driveways: District Policy 7207.4.1 states that successive driveways away from an
intersection shall have no minimum spacing requirements for access points along a local street,
but the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required,
residential driveways shall be restricted to a maximum width of 20-feet and may be constructed
as curb-cut type driveways.
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MPP22-0044/ H-2022-0086
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7207.4.3, the applicant should be required to pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway.
c. Applicant's Proposal: The applicant is proposing to extend a driveway to the north from Cooper
Lane to access 3355 N Cooper Lane located 150-feet north of Ustick Road.
The applicant is proposing to construct a driveway to access the 46-unit complex onto Cooper
Lane approximately 116-feet north of Ustick Road (measured centerline to centerline).
d. Staff Comments/Recommendations: The applicant's proposal to extend a driveway to the north
from Cooper Lane to access 3327 and 3335 N Cooper Lane meets District policy and should be
approved, as proposed.
The driveway should be a maximum of 20-feet wide and paved its full width and at least 30-feet
into the site from the edge of pavement of Cooper Lane.
The applicant's proposal to construct a driveway to access the 46-unit complex onto Cooper Lane
116-feet north of Ustick Road does not meet the District's Driveway Location policy which requires
driveways near intersections to be located a minimum of 150-feet from the nearest arterial street
section. However, staff recommends approval of the driveway location due to the fact that the site
has limited frontage(101-feet)on Cooper Lane restricts the applicant's ability to meet the District's
Driveway Location policy.
6. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
7. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm
drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle
at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop
signs. Landscape plans are required with the submittal of civil plans and must meet all District
requirements prior to signature of the final plat and/or approval of the civil plans.
8. Other Access
Ustick Road is classified as principal arterial roadway. Other than the access specifically approved
with this application, direct lot access is prohibited to this roadway.
D. Site Specific Conditions of Approval
1. Repair or replace any damaged or deteriorated curb, gutter, and sidewalk on Ustick Road abutting
the site.
2. Construct the internal local road, Cooper Lane, as a 33-foot local street section with curb, gutter,
and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way, as proposed.
3. Close the two existing driveways on Ustick Road with vertical curb, gutter, and 5-foot wide detached
concrete sidewalk to match the existing conditions, as proposed.
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MPP22-0044/ H-2022-0086
4. Construct one stub street to the north, Cooper Lane located 31.5-feet west of the site's east property
line, as proposed. Install a sign at the terminus of the study street which states, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE".
5. Dedicate additional right-of-way to allow for the extension of 11t" Street, as shown on page 6.
6. Construct one 20-foot wide paved driveway extending north from Cooper Lane to access 3327 and
3335 N Cooper Lane, as proposed.
7. Construct a 24-foot wide paved curb return type driveway onto Cooper Lane located 116-feet north
of Ustick Road, as proposed.
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.
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
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MPP22-0044/ H-2022-0086
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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MPP22-0044/ H-2022-0086
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MPP22-0044/ H-2022-0086
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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