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Project/File: MAZ-08-011
This application is for the annexation and rezone of 2.95-acres from Ada County R-1
district into a Meridian City R-8 district.
Lead Agency: City of Meridian
Site address: 4405 E. Ustick Rd.
Staff
Approval: August 19, 2008
Owner: Nunzio Sgroi
4405 East Ustick Road
Meridian, Idaho 83642
Representative: Thomas Whitworth
991 Strawberry Lane
Boise, Idaho 83712
Staff Contact: Kristy Scovill
Phone: 387-6171
E-mail: kscovillCa~achd.ada.id.us
Application Information:
Acreage:
Current Zoning:
Proposed Zoning:
Proposed Use:
2.95
R-1 (Estate Residential Zoning)
R-8 (Medium-Density Residential)
Assisted Living Facility
A. Findings of Fact
Existing Conditions
1. Site Information: There is currently one single family residence located on the site.
2. Description of Adjacent Surroundin4 Area:
Direction Land Use Zonin
North Limited Office/Estate Residential L-OD/R-1 C
South Medium Low Densi R-4
East A riculture A-1
West Residential Urban Transition/Medium Low Density RUT/R-4
3. Existing Roadway Improvements and Right-of--Way Adjacent To and Near the Site:
• Ustick Road is currently improved with 3 traffic lanes, and no curb, gutter or sidewalk
abutting the site within 72-feet of existing right-of--way (33-feet from centerline).
There is detached concrete sidewalk to the north and west of the site.
MAZ-08-011
• Arch Street is currently improved with 2 traffic lanes, and rolled curb, gutter and
attached concrete sidewalk across from and abutting the site within 50-feet of
existing right-of-way (25-feet from centerline).
4. Existing Access: The site currently has one access intersecting Ustick Road.
5. Site History: The District has not previously reviewed any development applications for
this site.
Development Impacts
6. Trip Generation: This development is estimated to generate approximately 110 additional vehicle
trips per day, based on the Institute of Transportation Engineers Trip Generation Manual.
7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
8. Traffic Impact Study: A traffic impact study was not required with this application.
9. Existing Condition of Area Roadways:
Roadway Frontage Functional Traft tc Count Level of Speed
Classification Service* Limit
Ustick Road 262' Minor Arterial 15,938 east of Better 35 MPH
Cloverdale Road on than "D"
11 /14/2006
14,639 west of
Cloverdale Road on
11 /14/2006
Arch Drive 160' Local N/A N/A 20 MPH
(Red Feather
Subdivision)
Cloverdale Road 0' Minor Arterial 15,176 north of Ustick Better 35 MPH
Road on 11/14/2006 than "C"
13,057 south of Ustick
Road on 11/9/2006
'`Acceptable level of service for athree-lane minor arterial is "D" (17,000 VTD).
10. Capital Improvements Plan (CIP) /Five Year Work Program (FYWP):
The following improvements are listed in the Districts Capital Improvement Plan (CIP):
• Ustick Road from Eagle Road to Cloverdale Road is currently listed in the CIP to be widened to
5-lanes between 2014 to 2018.
• Cloverdale Road from Ustick Road to McMillan Road is currently listed in the CIP to be widened
to 5-lanes between 2014 to 2018.
The following improvements are listed in the District's Five Year Work Plan:
• Ustick Road from Cloverdale Road to Five Mile Road is currently s listed to be widened to 5-
lanes including curb, gutter, sidewalk, and bike lanes within 96-feet of right-of--way between
2009 to 2013.
• Ustick Road from Duane Drive to Cloverdale Road is currently listed to be widened to 5-lanes
including curb, gutter, sidewalks and bike lanes within 96-feet of right-of-way between 2009 to
2013.
2 MAZ-08-011
B. Findings for Consideration
This application is for an annexation, and rezone application only. Listed below are some of the
findings for consideration fhaf 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. Ustick Road
Right-of--Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure
72-F1 B). This right-of--way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot
concrete detached sidewalks and bike lanes.
Applicant's Proposal: The applicant is proposing detached sidewalk along Ustick Road abutting
the parcel.
Staff Comment/Recommendations: The applicant shall be required to dedicate 48-feet of right-
of-way from the centerline of Ustick Road abutting the site. Because this portion of Ustick Road is
currently scheduled in the Five Year Work Program, the applicant shall either construct a 5-foot
concrete sidewalk a minimum of 41-feet from the centerline of Ustick Road OR, provide the District
with a road trust in the amount of $7,205 (262 ft (frontage) x $25/per linear foot x 10%) for
construction of the sidewalk with the District's scheduled road widening project.
2. Arch Drive
Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way
on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter
and 5-foot wide concrete sidewalks.
36-foot Street Section Policy: District policy 7204.4.2 states that "developments with any
buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement
width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-
of-curb to back-of--curb. Variations of this width may be allowed, depending on traffic volumes
forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in
width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a
minimum of 4-feet in width. \
Staff Comment/Recommendations: Arch Drive abutting the site is currently fully improved with
rolled curb, gutter, and 5-foot attached concrete sidewalk within existing 50-feet of right-of--way.
Therefore, the applicant shall not be required to make any improvements to Arch Drive.
3. Driveways
Driveway Policy: Graveled driveways abutting public streets create maintenance problems due to
gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, 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 with 15-foot radii abutting the existing
roadway edge.
Arterial/Collector Roadway Access Policy: District policy 7207.8 states that direct access to
arterials and collectors is normally restricted. The developer shall try to use combined access
points. If the developer can show that the use of a combined access point to a collector or arterial
street is impractical, the District may consider direct access points. Access points for proposed
developments at intersections should be located as far from the intersection as practical, and in no
case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been
approved by the District Commission.
3 MAZ-08-011
Successive Driveway Policy (Ustick Road): District policy 72-F5, requires driveways located on
collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from
any existing or proposed driveway.
Commercial Driveway Width Policy: District policy 7207.9.3 restricts commercial driveways with
daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial
driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type
driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways.
Applicant Proposal: The applicant is proposing two driveway accesses intersecting the site. The
first driveway access intersects Ustick Road. The second driveway access intersects Arch Drive.
At this time, width and distance from the surrounding development cannot be verified for either
proposed driveway accesses.
Staff Comment/Recommendation: District policy 7207.8 states that direct access to arterials and
collectors is normally restricted. Due to the access available to the applicant off Arch Drive, staff
recommends that the applicant be required to take all access to the site off of Arch Drive. Because
of the potential for a signalized intersection at Grenadier it would be beneficial for the applicant to
take access of Arch Drive. Because of the upcoming widening project, entry into the site off Ustick
Road will be difficult entering and accessing the site, and the applicant would have restricted
access. By taking access off Arch Drive, the applicant would have full access and the benefit of a
signalized intersection. The applicant shall be restricted to a maximum width of 36-feet. The
applicant shall 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. The applicant shall be required to close the existing
driveway on Ustick Road.
4. Other Access
Ustick Road is classified as a minor arterial roadway. Other than access specifically approved by
ACRD during the development process, direct lot access to this road is prohibited.
C. Saecial Note to the Aaalicant/City of Meridian
This section of Ustick Road is currently being reviewed as part of the Ustick Road Concept Study. With
this study it has been noted that there is the potential for a future signal at the intersection of Grenadier
Street and Ustick Road. Ustick Road from Campton Way to Cloverdale is ident~ed in the study to be
widened to 5-lanes with curb, gutter, sidewalk, and bike lanes. The Concept Study is scheduled to be
completed by February 2009. Because of the potential for a signalized intersection at Grenadier it
would be beneficial for the applicant to take access of Arch Drive, Because of the upcoming widening
project, entry into the site off Ustick Road will be difficult entering and accessing the site, and the
applicant would have restricted access. By taking access off Arch Drive, the applicant would have full
access and the benefit of a signalized intersection.
D. Site Specific Conditions of Approval
This application is for an annexation and rezone only. Listed below are some of the site specific
conditions of approval that the District may require when it reviews a future development application.
The District may add additional site specific requirements when it reviews a specific redevelopment
application.
Complete one of the following for Ustick Road:
Construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the
centerline of the roadway OR;
4 MAZ-08-011
• Provide the District with a road trust in the amount of $7,205 (262 ft(frontage) x $25/per
linear foof x 10%) for construction of the sidewalk with the District's scheduled road
widening project.
2. Dedicate 48-feet of right-of--way from the centerline of Ustick Road abutting the parcel. The right-
of-way purchase and sale agreement and deed must be completed and signed by the applicant
prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a
building permit (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of-way dedication after receipt of all requested material. The District will
purchase the right-of-way which is in addition to existing right-of-way from available Corridor
Preservation Funds.
3. Construct one full access driveway intersecting Arch Drive. The driveway shall be no wider than
36-feet, and paved its full width at least 30-feet into the site.
4. Close the existing driveway on Ustick Road.
5. Other than access specifically approved in this application, direct lot access to Ustick Road is
prohibited.
6. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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. Comply with the District's Tree Planter Width Interim Policy.
6. 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.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. 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 ACRD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
5 MAZ-08-011
12. 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 the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
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.
Attachments
1. Vicinity Map
2. Site Plan
3. Concept Study Section
4. Utility Coordination
5. Development Process Checklist
6. Request for Reconsideration Guidelines OR Appeal Guidelines
6 MAZ-08-011
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9 MAZ-08-011
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 a-mail notification information.
10 MAZ-08-011
Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
^Send a "Comply With" letter to the applicant staling that if the development is within a platted subdivision or
part of a previous development application and that the site specfic requirements from the previous development
also apply to this development application.
®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.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply Wlth" letter.
• The applicant should submit iwo (2) sets of engineered plans directly to ACHD for review by the Development
Review Division 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 calculation.)
• 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 (Zone)
^ Driveway or Property Approaches)
• Submit a "Driveway Approach Request' form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACRD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACRD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion 8~ Sediment Control Narrative 8~ Plat, done by a Certified Plan Designer, if trench is >50' or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment 8 Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion ~ Sediment Control Narrative 8~ Plat, done by a Certified
Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACHD
Drainage Division.
^ 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
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
11 MAZ-08-011
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 ROWDS Manager when it is alleged that the ROWDS
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 of Highway Systems, 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 ROWDS 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 ROWDS 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.
12 MAZ-08-011
Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACRD
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 3:00 p.m. on the day 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 retumed to
ACHD staff for further review. The Commission may set the date of the meeting at
which the matter is to be retumed. 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.
13 MAZ-08-011