HomeMy WebLinkAbout2024-01-29 ACHD Alexis Pickering,President
Jim D. Hansen,Vice-President
ACHD David McKinney,Commissioner
/� Kent Goldthorpe,Commissioner
Miranda Gold,Commissioner/��
December 19, 2023
To: Alexis Kilgore, via email
Hair by Lexie Kilgore
1046 S Red Sand Avenue
Kuna, ID 83634
Subject: MER23-0123/ H-2023-0063
1105 N Meridian Road
Kilgore Rezone
The applicant is requesting approval of a rezone application from Medium-Low Density Residential (R-4)
zoning designation to Old Town (OT) zoning designation for the existing house to be used as a salon.
A. Findings of Fact
This application is for a rezone only. Listed below are some findings for consideration that the District
may identify when it reviews a future development application. The District may add additional findings
for consideration when it reviews a specific redevelopment application.
1. Meridian Road
a. Existing Conditions: Meridian Road is improved with 5-travel lanes, vertical curb, gutter, and
7-foot wide sidewalk abutting the site. There is 80-feet of right-of-way for Meridian Road (40-
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. Improvements shall include transitional segments in accordance
with the current version of PROWAG.
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, Livable Streets Design Guide, and the most current ACHD Livable Streets
Performance Measures Plan as adopted by the ACHD Commission. 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
The standard 5-lane street section shall be 59-feet (back-of-curb to back-of-curb). This width
typically accommodates two travel lanes in each direction, a continuous center left-turn lane or
landscaped median with intermittent turn lanes, and curbs and gutters. A 5-lane road shall also
include a minimum 10-foot wide multi-use path on both sides with an 8-foot wide buffer from
back-of-curb. Other bike facility treatments as defined in the ACHD Bike Master Plan may be
approved at the discretion of the ACHD Development Review Supervisor. If an interim on-street
bike lane is required in order to connect to existing facilities, the street section shall be 75-feet
to allow for a 5-foot wide bike lane and 3-foot wide painted buffer.
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
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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.
Pedestrian Facilities: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide
are required on both sides of all arterial streets. A parkway strip at least 8-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Alternatively, on roadways identified for improvement in the Capital
Improvement Plan, a minimum 10-foot wide multi-use path may be required. The path shall be
placed in accordance with planned buildout in the Master Street Map with a minimum 8-foot
wide planter strip as measured to the closest edge of the path. Street trees are encouraged
between the pedestrian facility and the roadway when irrigation and maintenance will occur by
the adjacent property owner or HOA through an approved license agreement. Consult the
District's planter width policy if trees are to be placed within the parkway strip. In some
instances, to match existing conditions, a minimum 7-foot wide sidewalk may be constructed
next to the back-of-curb. ACHD Development Review staff will be responsible for determining
the required facility. Vertical hardscape alternatives to street trees may be considered in the
buffer space when street trees are not practicable.
Detached sidewalks and multi-use paths are encouraged and should be parallel to the adjacent
roadway. Pedestrian facilities will only be allowed to deviate from a straight line parallel to the
roadway when authorized by Development Review staff to accommodate site specific
conditions (i.e., street trees, utilities, etc.).
Appropriate easements shall be provided if public pedestrian facilities are placed out of the 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 pedestrian facility. Pedestrian facilities shall either be located wholly
within the public right-of-way or wholly within an easement.
Curb ramps or blended transitions shall be provided to connect the pedestrian access route at
each pedestrian street crossing in accordance with the current version of PROWAG. Provide
detectable warning surface in accordance with the current version of PROWAG.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
Highways adjacent to a proposed development may be required. These needed transportation
facilities are to correct deficiencies or replace deteriorated facilities. Included are sidewalk
and/or bike lane construction or replacement (with physical buffers if missing and needed);
construction of transitional sidewalk segments; crosswalk construction or replacement; curb and
gutter construction or replacement; repair, replacement or expansion of curb extensions;
replacement of unused driveways with curb, gutter, sidewalk, repair or addition of traffic calming
or speed mitigation features; installation or reconstruction of pedestrian ramps; pavement
repairs; signs, motor vehicle, pedestrian and bicycle traffic control devices; and other similar
items. The current version of PROWAG will determine the applicable accessibility requirements
for alterations and elements added to existing streets. ACHD staff is responsible for identifying
the minor improvements that would be proportionate to the size and complexity of the
development.
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
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features required through development. This segment of Meridian Road is designated in the
MSM as a Towncenter Arterial with 5-lanes and on-street bike lanes, a 60-foot street section
within 96-feet of right-of-way.
c. Staff Comments/Recommendations: Meridian Road is already fully improved consistent with
the MSM, therefore staff does not recommend any additional frontage improvements or right-
of-way dedication be required as part of a future development application.
As part of a future development application, the applicant should be required to repair or replace
any broken or deteriorated portions of curb, gutter, and sidewalk abutting the site on Meridian
Road and ensure that all pedestrian facilities meet current ADA standards.
2. Carlton Avenue
a. Existing Conditions: Carlton Avenue, an eastbound one-way street, is improved with 33-feet
of pavement, vertical curb, gutter, and no sidewalk abutting the site. There is 60-feet of right-
of-way for Carlton Avenue (30-feet from centerline).
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).
Standard Urban Local Street-33-foot Street Section and Right-of-way Policy: District
Policy 7207.5.2 states that the standard street section shall be 33-feet (back-of-curb to back-of-
curb)for developments with any buildable lot that is less than 1 acre in size. This street section
shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall
typically be constructed within 47-feet of right-of-way.
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
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.
Half Street Policy: District Policy 7207.2.2 required improvements shall consist of pavement
widening to one-half the required width, including curb, gutter and concrete sidewalk (minimum
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5-feet), plus 12-feet of additional pavement widening beyond the centerline established for the
street to provide an adequate roadway surface, with the pavement crowned at the ultimate
centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway
storm runoff shall be constructed on the unimproved side.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
Highways adjacent to a proposed development may be required. These needed transportation
facilities are to correct deficiencies or replace deteriorated facilities. Included are sidewalk
and/or bike lane construction or replacement (with physical buffers if missing and needed);
construction of transitional sidewalk segments; crosswalk construction or replacement; curb and
gutter construction or replacement; repair, replacement or expansion of curb extensions;
replacement of unused driveways with curb, gutter, sidewalk, repair or addition of traffic calming
or speed mitigation features; installation or reconstruction of pedestrian ramps; pavement
repairs; signs, motor vehicle, pedestrian and bicycle traffic control devices; and other similar
items. The current version of PROWAG will determine the applicable accessibility requirements
for alterations and elements added to existing streets. ACHD staff is responsible for identifying
the minor improvements that would be proportionate to the size and complexity of the
development.
c. Staff Comments/Recommendations: This portion of Carlton Avenue is designated in the
IFYWP within a safe sidewalk program area which may include ADA accessibility
improvements, critical sidewalk connections, bulbouts, bikeway signage and enhanced
crossings to be constructed in 2025.
As part of a future development application, the applicant should be required to do the following:
• Construct 5-foot wide concrete sidewalk abutting the site on Carlton Avenue.
• Repair or replace any damaged or deteriorated portions of curb and gutter abutting the
site on Carlton Avenue and ensure that all pedestrian facilities meet current ADA
standards.
3. Alleys
a. Existing Conditions: There is an existing 16-foot wide one-way unimproved alley running
north/south in between Carlton Avenue and Washington Street.
b. Policy:
Existing Alley Policy: District Policy 7210.2 states that if a proposed development abuts an
existing alley, the dedication of additional right-of-way to obtain a minimum width from the
centerline of the alley of 8-feet for residential uses and 10-feet for non-residential or commercial
uses may be required. Each development will be reviewed by the District on a case-by-case
basis. If the proposed development takes access from an alley, the developer will be required
to pave the entire width of the right-of-way from the nearest public street to and abutting the
development.
Alley Length Policy: District Policy 7210.3.2 states that alleys shall be no longer than 700-
feet in length. If the lead land use agency having jurisdiction requires a shorter block length, the
alley shall be no longer than the agency's required block length.
Alley Parking & Setbacks Policy: District Policy 7210.3.3 states that parking within the alley
right-of-way is prohibited. "No Parking" signs are required to be installed by the developer. The
signs should be located at the alley/street intersections. Parking which is entered from the alley
shall be designed so the minimum clear distance from the back of the parking stall to the
opposite side of the alley is 20-feet for all perpendicular parking.
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Setbacks for structures taking access from the alley should be closely coordinated with the lead
land use agency. The setbacks shall either discourage parking within the alley (where it may
partially block or occur within the right-of-way) or allow adequate area for one perpendicular
parking pad. In order to discourage parking, building setbacks shall be minimal from the alley
right-of-way line, while still achieving the required 20-feet of back-up space from a garage or
other parking structure to the opposite side of the alley (i.e. 4-foot setback + 16-foot alley= 20-
feet for back-up space).
Vacations of Alleys Policy: District Policy 7210.3.6 states that vacations of alley right-of-way
are discouraged and shall not result in dead-end alleys.
c. Staff Comments/Recommendations: As part of a future development application, the
applicant should be required to do the following:
• Pave the entire width of the alley from the edge of pavement from Carlton Avenue to the
site's north property line.
• Install "No Parking" signs at the Carlton Avenue/alley intersection.
• Provide 20-feet of back-up space from any parking structure.
4. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
5. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm
drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle
at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop
signs. Landscape plans are required with the submittal of civil plans and must meet all District
requirements prior to signature of the final plat and/or approval of the civil plans.
6. Other Access
Meridian Road is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway.
B. Site Specific Conditions of Approval
This application is for rezone only. Site specific conditions of approval will be established through
the review of a future development application.
1. A Traffic Impact Fee may be assessed by ACHD and will be due prior to issuance of a building
permit. Please contact the ACHD Planner (see below) for information regarding impact fees.
2. 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.
3. Comply with the Standard Conditions of Approval as noted below.
C. Attachments
1. Vicinity Map
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2. Site Plan
3. Standard Conditions of Approval
4. Appeal Guidelines
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If you have any questions, please feel free to contact me at (208) 387-6391.
Sincerely,
Karal-eigh Troyer
Planner
Development Services
cc: City of Meridian (Stacy Hersh), via email
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VICINITY MAP
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SITE PLAN
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Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including
all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-
of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers)for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain written
confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless a waiver/variance of the requirements or other legal relief is granted
by the ACHD Commission.
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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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