200700191-PBA-PR report1200700191-PBA-PR
Capital Development, Inc.
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February 4, 2008
David Yorgason
Capital Development, Inc.
6200 N. Meeker Place
Boise, ID 83713
RE: FILE # 200700191-PBA-PR David Yorgason, Capital Development, Inc. Property
Boundary Adjustment and Private Road Application for Parcel Number S1204346610,
S1204346710, and S1204346680 located at 5850 W. Cherry Lane; Section 4, Township 3
North, Range 1 West. RUT District.
Dear Applicant,
On September 17, 2007, Ada County Development Services received your application for a
property boundary adjustment. On September 27, 2007, you were notified by this office that a
private road application would need to be submitted to Ada County for approval before the
property boundary adjustment could be approved. On December 12, 2007, the private road
application was received by Ada County. Based on staff’s review of the Ada County Code,
Application #20070191-PBA-PR has been given tentative approval, subject to the Conditions of
Approval listed in Exhibit A. Please note, this approval shall become null and void if the
Conditions of Approval have not been met, and if you have not obtained a letter of completion
issued by the Director within one year of the date of this approval letter.
This determination was made based upon current information contained in the public record
and interpretation of the Ada County Zoning Ordinance. You may appeal this decision to the
Board of Ada County Commissioners. To do so, you must file the appeal within fifteen days of
the date of this letter. The fee for filing an appeal is $350.
Pursuant to Idaho Code § 67-6535, this letter is to further inform you that to the extent a final
decision has been made on a site-specific land use request, an applicant has the right to request
a regulatory takings analysis under Idaho Code § 67-8003.
Please refer to the Conditions of Approval regarding the expiration date of your project. This is
the only notice you will receive regarding the expiration date.
If you have any questions, I can be reached at 287-7927.
Sincerely,
Clarke Bullock, Planner II
Cc: Mark Perfect, Ada County Planner III Supervisor
200700191-PBA-PR
Capital Development, Inc.
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STAFF ANALYSIS
The applicant is proposing a property boundary adjustment between three un-platted parcels so
that each parcel will meet or exceed the 5-acre minimum dimensional standard in the Rural
Urban Transition (RUT) District. An existing single-family detached dwelling exists on Parcel
Number S1204346680 and a private driveway extends from Cherry Lane to the to the dwelling,
through Parcel Number S1204346710. Since the dwelling does not currently have the required
250’ of roadway frontage, the applicant has submitted a private road application in conjunction
with the property boundary adjustment application, to provide access to the property that does
not have frontage on a public street.
Parcel numbers #S1204346680, S1204346710, and S1204346610 were all created on September 28,
2007, as evidenced by a warranty deed recorded in the Ada County Recorder’s office by
Instrument Number 107135673, and Record of Survey 8082 recorded on October 5, 2007. Parcel
#S1204346680 (hereafter referred to as Parcel A) contains an existing dwelling built in 1980 and
is 2.447 acres. Parcel #S1204346610 (hereafter referred to as Parcel B) contains 9.487 acres and
Parcel #S1204346710 (hereafter referred to as Parcel C) contains 8.069 acres.
After the property boundary adjustment has been completed, Parcel A (which does not
currently have frontage on a public street) will contain 5.00 acres and be connected to Cherry
Lane by a private road through Parcel C, as shown by the 50-foot wide easement recorded
through Parcel C by Record of Survey 8082. Parcel B will contain 9.00 acres and have more than
the required 250’ of roadway frontage, and Parcel C will contain 6.02 acres and also have more
than the required 250’ of roadway frontage, as shown on the proposed Record of Survey
submitted to Ada County on September 17, 2007, with the property boundary adjustment
application.
All resulting parcels will meet or exceed the 5.00-acre minimum size requirement of the RUT
District. Parcel B and C will have adequate roadway frontage on Cherry Lane and Parcel A will
be accessed by an approved private road.
200700191-PBA-PR
Capital Development, Inc.
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APPLICABLE LAW
This section details the comprehensive plan policies, zoning ordinance regulations, and other
applicable standards regarding development of the subject property.
1. Article 8-2B of the Ada County Code: RESIDENTIAL BASE DISTRICTS.
Section 8-2B-4 of the Ada County Code: DIMENSIONAL STANDARDS: Lists the
dimensional standards for the rural base districts including the Rural Urban Transition
(RUT) zone minimum property size is 5 acres and a minimum of 250 feet of roadway
frontage.
2. Article 8-4A of the Ada County Code: REGULATIONS APPLYING TO ALL
DISTRICTS.
Section 8-4A-3 of the Ada County Code. ACCESS TO AND FRONTAGE ON A
ROADWAY:
A. "Development", as herein defined, shall only be approved on a property that
meets the minimum dimensional standards of the base and overlay districts, unless
otherwise allowed by this title. When a property takes access from a private road, the
terminus of which is located within the property, the required frontage shall be thirty
feet (30') or the width of the private road easement.
B. Access shall be taken from the required frontage unless the property also has
frontage on an alley or approved private road.
3. Article 8-4C of the Ada County Code. PROPERTY BOUNDARY ADJUSTMENT.
Section 8-4C-4: STANDARDS:
A. A property boundary adjustment shall not reduce the property size below the
minimum dimensional standards prescribed by this title including regulations for
individual wastewater treatment systems and wells as set forth in sections 8-4A-22
and 8-4A-23 of this title respectively.
B. If one or more of the properties is nonconforming as to the minimum
dimensional standards prescribed by this title, the property boundary adjustment
shall not increase the nonconformity.
C. A property boundary adjustment shall not increase the original number of
properties.
D. A property boundary adjustment shall not change or move any public streets,
private roads, easements, or publicly dedicated areas in any manner.
E. The property boundary adjustment shall not constitute a relocation of a property.
F. For platted lots, the property boundary adjustment shall be in substantial
conformance to the recorded plat.
Section 8-4C-5: REQUIRED FINDING: In order to approve the application, the
decision-making body shall find that the proposed property boundary adjustment
complies with the standards in Section 8-4C-4 of this Title.
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4. Article 8-4D of the Ada County Code. PRIVATE ROADS.
Section 8-4D-4: STANDARDS: All private roads (including extensions of previously
approved private roads) shall be constructed to the following standards.
A. DESIGN STANDARDS.
1. The private road shall be constructed on a perpetual access easement or a single
platted lot that originates from a public street and provides access to all
applicable properties.
a. Outside an area of city impact, the easement or lot shall be a minimum of 30
feet in width. Inside an area of city impact, the easement or lot shall be a
minimum of 50 feet in width.
b. If located on a lot, the primary function of the lot shall be to accommodate the
private road. Minimum parcel size requirements shall not apply.
2. All properties abutting an approved private road shall have the same minimum
required street frontage as required by the applicable base district, except: if the
turn-around for the private road is located within a property as illustrated in
Figure 14, Section 8-1A-2 of this Title, the required frontage shall be 30 feet (the
width of the private road easement).
3. The point of connection of the private road and the public street shall be approved
by the Ada County Highway District.
4. The private road shall terminate at a 45-foot radius cul-de-sac or other approved
turn-around configuration.
a. The turn-around may be located in an area of the property other than where
the private road enters the property (see Figure 14, Section 8-1A-2 of this Title).
b. The private road shall not intersect a public road, except at its origination
point. The private road shall not intersect another private road.
c. If the applicant proposes an alternate location and/or configuration for the
turn-around, the following additional standards shall apply:
(1) The applicant shall provide written approval from the appropriate Fire
District.
(2) The County Engineer shall review and approve the alternate location
and/or configuration.
5. New gates or other travelway obstacles shall not be allowed except in
exceptional circumstances when the director determines the gate or gates are
necessary to improve safety or to halt environmental degradation in the area.
Before approving a new gate or other obstacle, the director shall provide the fire
district, or if no fire district, the Ada County Sheriff, with advice from the Idaho
State Fire Marshall’s Office, the opportunity to review the proposal and offer
recommendations.
a. Approved gate openings shall be a minimum of twenty feet (20’) wide, be
located a minimum of thirty feet (30’) from the public right-of-way, and when
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the gate is open, the travelway for its entire width shall be clear and
unobstructed.
b. Gates located on one-way roads shall open in the same direction that traffic
moves. Gates located on two-way roads must open in both the directions that
traffic moves. Gates that open upward shall not be allowed.
c. Gates shall have a fail-open lock in the event of a loss of power.
6. No segment of the travelway of a private road shall exceed ten percent (10%)
grade. Fire apparatus roadways in locations that front buildings, at intersections
with other roads, and in front of fire hydrants, shall not exceed eight percent
(8%) grade.
7. If the private road is located within the Wildland-Urban Fire Interface Overlay
District, the additional design standards listed in Section 8-3B-3 of this Title shall
apply.
8. Upon review of the proposed private road design, the applicant may be required
to submit a drainage study prior to action on the private road application.
B. CONSTRUCTION STANDARDS.
1. Private roads that will serve development located within an area of impact and
that development will exceed a density of three dwelling units per acre shall be
constructed to the Ada County Highway District standards for urban local roads.
2. All other private roads not defined in 8-4D-4(B)(1) shall be constructed to the
following standards:
a. Private roads that will provide frontage or access to four or fewer
properties shall have a travelway with a minimum improved width of
twenty feet (20’). Private roads that will provide frontage or access to more
than four (4) properties shall have a travelway with a minimum improved
width of twenty-four feet (24’).
b. The travelway shall have a stable, compacted base.
c. There shall be a crown or transverse slope of two percent (2%) to drain
water away from the travelway.
d. The improved surface shall consist of six inches (6”) of compacted two
inch (2”) minus crushed gravel or other materials approved by the county
engineer. Private roads that provide frontage and/or access to more than
four (4) properties shall be paved with 2.5 inches of asphaltic concrete.
e. If the turnaround is located within a property as illustrated in figure 14,
section 8-1A-2 of this title, the full length of the travelway to the turnaround
shall have a twenty-four foot (24’) width of improved surface.
f. Any segment of a travelway of a private road greater than five percent
(5%) grade shall be improved with asphalt or concrete paving.
g. For the purposes of this section, corner properties that abut a private road
shall be counted as taking access off the private road. Temporary dedicated
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open space lots created as part of a nonfarm subdivision shall also be counted
as taking access off the private road.
Section 8-4D-5: REQUIRED FINDINGS: In order to approve the application, the
Director shall find the following:
A. The design of the private road meets the requirements of this Article;
B. Granting approval of the private road would not cause damage, hazard, or
nuisance, or other detriment to persons, property, or uses in the vicinity; and
C. The use and location of the private road shall not conflict with the applicable
comprehensive plan and/or the regional transportation plan.
FINDINGS OF FACT
If any of these Findings of Fact are deemed Conclusions of Law, they are incorporated into the
Conclusions of Law section.
1. The Director finds this application complies with standards contained in section 8-4C-4
of the Ada County Code in that, the parcels resulting from the property boundary
adjustment will be 5.00 acres for Parcel A, 9.00 acres for Parcel B, and 6.02 acres for
Parcel C, as shown on the record of survey submitted with the application. All three
parcels will have at least the 5.00-acre minimum size, as required in the RUT zone.
Parcel B and Parcel C have adequate roadway frontage (minimum of 250’) and access on
Cherry Lane. Parcel A does not currently have adequate roadway frontage, but the
proposed private road from Cherry Lane through Parcel C to Parcel A will provide the
required road frontage. All three resulting parcels comply with the design and
dimensional standards of the RUT District found in section 8-2A-4. Furthermore, the
number of properties are not being increased, no easements, roads, etc., are being
changed or moved; the property is not being relocated; and these are not platted lots.
2. The Director finds this application complies with section 8-4D-5 of the Ada County Code
in that, as evidence by the submitted site plan and as conditioned in condition of
approval numbers 1-5 and 9-13, the design of the private road meets the requirements of
the Ada County Code. Furthermore, there is no evidence in the record to suggest that
the private road will cause damage, hazard, or nuisance, or other detriment to persons,
property, or uses in the vicinity; nor will the use and location of the private road conflict
with the Ada County Comprehensive Plan, or the regional transportation plan.
CONCLUSIONS OF LAW
If any of these Conclusions of Law are deemed Findings of Fact, they are incorporated into the
Findings of Fact section.
1. The Director concludes that File Number 200700191-PBA–PR complies with Section 8-4C-5
of the Ada County Code.
2. The Director concludes that File Number 200700191-PBA-PR complies with Section 8-4D-5
of the Ada County Code.
200700191-PBA-PR
Capital Development, Inc.
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ORDER
Based upon the Findings of Fact and Conclusions of Law contained in this Staff Report, the Director
approves File Number 200700191-PBA-PR, subject to the conditions of approval outlined in the
attached Exhibit A.
200700191-PBA-PR
Capital Development, Inc.
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EXHIBIT A
CONDITIONS OF APPROVAL
FILE NUMBER 200700191-PBA-PR
CAPITAL DEVELOPMENT, INC.
REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE
COMPLETED BEFORE THE APPROVAL OF FILE NUMBER 200700191-PBA-PR WILL BE
CONSIDERED FINAL. THE APPLICANT AND/OR OWNER HAVE UNTIL FEBRUARY 4,
2009, TO COMPLETE THE REQUIRED ACTIONS. THIS TENTATIVE APPROVAL SHALL
BECOME VOID IF A FINAL APPROVAL LETTER IS NOT REQUESTED AND ISSUED BY
FEBRUARY 4, 2009.
1. Obtain approval from the Ada County street naming committee for a private road name.
2. Contact the Ada County Highway District (ACHD) to install an approved street name sign
that complies with the regulations of the Ada County Uniform Street Name Ordinance.
3. Record a perpetual access easement with the Ada County recorder for the private road from
Cherry Lane to all applicable properties.
4. After the private road is constructed and the street name sign is installed, schedule an
inspection by the Ada County engineer.
5. Provide documentation of a binding contract that establishes the party or parties
responsible for the repair and maintenance of the private road including regulations for the
funding thereof; along with documentation of completion of the items noted above and
request final approval of the private road.
6. The applicant and/or owner shall have a Record of Survey completed by a professionally
licensed surveyor, and record the Record of Survey with the County Recorder’s office.
7. The applicant and/or owner shall obtain new tax parcel numbers from the Ada County
Assessor.
8. The applicant and/or owner shall provide the following documentation to the Director:
a) One 8 1/2” X 11” copy of the recorded Record of Survey.
b) Proof of assignment of tax parcel numbers. Upon completing the above tasks, the
applicant must request a letter from the Director that states that the Property
Boundary Adjustment has received final approval.
TERMS OF APPROVAL
9. The private road must comply with the design standards in Section 8-4D-4(A) of the Ada
County Code.
10. The private road must comply with the construction standards in Section 8-4D-4(B) of the
Ada County Code.
11. The private road must comply with the submitted plan.
12. No gates or travelway obstacles are allowed on the private road, without written approval
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from Ada County Development Services.
13. No building permit will be issued for any structure using a private road for access to a
public street until the private road has received final approval or the applicant and/or
owner has submitted a surety agreement consistent with Title 8, Chapter 4, Article K of the
Ada County Code.
14. Appeals. The appeal period shall begin on the date of the written decision of the Director
and shall last for 15 calendar days.
15. The final approval letter from the Director will not be issued during the appeal period.
16. In the event the decision of the Director is appealed, a building permit may not be issued
until the appeal is resolved in favor of the applicant. See Section 8-7-7 of the Ada County
Code for more information on appeals.