2020-05-05 ACHD Draft Staff Report
Charlene Way
From:Sonya Allen
Sent:Tuesday, May 05, 2020 3:55 PM
To:Adrienne Weatherly; Charlene Way; Chris Johnson
Subject:FW: Draft staff report Villas at 12 Oaks East
Attachments:MER20-0045 Villas at Twelve Oaks East.docx
From: Stacey Yarrington <SYarrington@achdidaho.org>
Sent: Tuesday, May 5, 2020 2:11 PM
To: Jim Jewett <me@mauijim.realtor>
Cc: Derritt Kerner (dkerner@rocksolidcivil.com) <dkerner@rocksolidcivil.com>; Sonya Allen <sallen@meridiancity.org>
Subject: Draft staff report Villas at 12 Oaks East
External Sender - Please use caution with links or attachments.
Jim,
Attached is the draft staff report for your review. It was agreed upon that ACHD would accept a road trust
deposit for the sidewalk along the site frontage of Linder Road. Please review and let me know by COB on
th
Friday, May 8 whether you have any questions, comments, concerns, or are in agreement with the staff
report.
Thank you,
Stacey Yarrington
Planner III
Ada County Highway District
PH: 208.387.6171 (direct)
Development & Technical Services is now located at 1301 N Orchard Street, Ste. 200
1
Development Services Department
Project/File: Villas at Twelve Oaks East/ MER20-0045/ H-2020-0014-AZ/MDA
This is an annexation with rezone to TN-R and development agreement modification
with the City of Meridian, to construct a multi-family development consisting of 64-
units on 4.6-acres.
Lead Agency: City of Meridian
Site address: 115 S Linder Road
Staff Approval: XXXX, 2020
Applicant: Jim Jewett
776 Riverside Drive, Ste. 204
Eagle, ID 83616
Representative: Sawtooth Land Surveying
2030 S Washington Avenue
Emmett, ID 83617
Staff Contact: Stacey Yarrington, Planner III
Phone: 387-6171
E-mail: syarrington@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of an annexation with rezone
application from R1 (Estate Residential) to TN-R (Traditional Neighborhood Residential) and
development agreement modification between the applicant and the City of Meridian to construct a
multi-family development consisting of 64-units on 4.6-acres.
The applicant’s proposal is not consistent with the City of Meridian’s Future Land Use map that
designates this area as commercial.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Community Business C-C
South Medium-low density Residential R-4
East Neighborhood Business C-N
West Traditional Neighborhood Residential, Community Business TN-R, C-C
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
The Villas at Twelve Oaks, a mixed use of multi-family and retail west of the site was approved
by ACHD in September 2016.
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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 centerline miles of new public
road.
8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time. The impact fee assessment will not be released until the civil plans are approved by ACHD.
9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
Linder Road is currently under construction to be widened to 5-lanes from Franklin Road to
Pine Avenue.
Linder Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Overland Road
between 2031 and 2035. This is to be a joint project with ITD.
The intersection of Franklin Road and Linder Road is listed in the CIP to be widened to 6-
lanes on the north leg, 6-lanes on the south, 7-lanes east, and 7-lanes on the west leg, and
signalized between 2021 and 2025.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 460 additional vehicle trips per day
(9 existing); 35 additional vehicle trips per hour in the PM peak hour (1 existing), based on the
th
Institute of Transportation Engineers Trip Generation Manual, 10 edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
Functional PM Peak Hour PM Peak Hour
Roadway Frontage
Classification Traffic Count Level of Service
Linder Road (2/3) 235-feet Principal Arterial 410 Better than “E”
Franklin Road 0-feet Principal Arterial 947 Better than “E”
* Acceptable level of service for a two-lane principal arterial is “E” (690 VPH).
* Acceptable level of service for a three-lane principal arterial is “E” (880 VPH).
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH).
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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 Linder Road south of Franklin Road was 7,883
05/09/2018.
The average daily traffic count for Franklin Road east of Ten Mile Road was 14,211 on
12/19/2018.
C. Findings for Consideration
1. Linder Road
a. Existing Conditions: Linder Road is improved with 2/3-travel lanes, between 32 to 33-feet of
pavement, and no curb, gutter or sidewalk abutting the site. There is 55-feet of right-of-way for
Linder Road (25-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.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96-
feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District’s planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
streets adjacent to a proposed development may be required. These improvements are to
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correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or
replacement; curb and gutter construction or replacement; replacement of unused driveways
with curb, gutter, and sidewalk; installation or reconstruction of pedestrian ramps; pavement
repairs; signs; traffic control devices; and other similar items.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Linder Road is designated in the MSM
as a Residential 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 proposing to dedication additional right-of-way to total
48-feet from centerline of Linder Road abutting the site.
The applicant is not proposing any improvements to Linder Road abutting the site.
d. Staff Comments/Recommendations: The applicant’s proposal to dedicate 48-feet of right-of-
way from centerline of Linder Road meets District policy and should be approved.
The applicant’s proposal to not improve Linder Road abutting the site does not meet District
Sidewalk policy as a minimum 5-foot wide detached sidewalk is typically required to be
constructed on arterial roadways. However, the Ten Mile Creek Canal is located within the
project site along the site’s south property line, and the canal crosses Linder Road on the site’s
east property line. Improvements to an existing road abutting a project would normally be
required of the developer and ACHD would normally require frontage improvements of sidewalk
and pavement widening to 17-feet from centerline. In this case a sidewalk is required as there
is sufficient pavement on Linder Road abutting the site. Improvements across the Ten Mile
Creek Canal will require the widening of Bridge #1200 to accommodate the sidewalk. The
bridge is to be re-constructed/widened with the Linder Road project that is scheduled in the
IFYWP. Therefore, the applicant should be required to provide a road trust deposit for its
proportionate share of the road improvements, 5-foot wide detached sidewalk on Linder Road,
in the amount of $3,515.00.
2. Driveways
Linder Road
a. Existing Conditions: There is a 12-foot wide residential driveway onto Linder Road located
35-feet south of Barrett Drive.
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 1b under District policy 7205.4.7, unless a waiver for the access point has been approved
by the District Commission. Driveways, when approved on a principal arterial shall operate as
a right-in/right-out only, and the District will require the construction of a raised median to restrict
the left turning movements.
Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal
arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right-
in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways.
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Successive Driveways: District policy 7205.4.7 Table 1b, requires driveways located on
principal arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 355-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 construct a 25-foot wide driveway onto
Linder Road located approximately 165-feet south of an existing driveway in alignment with
Barrett Drive.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District Access
Management or Successive Driveway policies because the proposed driveway does not meet
the minimum 355-foot offset from an existing driveway. However, staff recommends a
modification of policy to allow the driveway to be located as proposed due to the fact that the
site does not have access to a lesser street, there is insufficient frontage to meet the offset
requirement, and the proposed driveway is in alignment with Barrett Drive. This is a 54%
modification to the dimensional standards and is approved at the Deputy Director of
Development and Technical Services discretion. The proposed driveway is approved as a
temporary full access driveway and may be restricted at any time as conditions warrant.
The driveway should be constructed as a maximum 30-foot wide curb return type driveway
located 165-feet in alignment with Barrett Drive.
3. 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.
4. 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.
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5. Other Access
Linder 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. Dedicate additional right-of-way to total 48-feet from centerline of Linder Road abutting the site.
Right-of-way is impact fee eligible.
2. Provide a road trust deposit in the amount of $3,515.00 for the construction of 5-foot wide
sidewalk on Linder Road abutting the site.
3. Construct a maximum 30-foot wide temporary full access curb return type driveway located in
alignment with Barrett Drive.
4. 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.
5. Payment of impact fees is due prior to issuance of a building permit.
6. 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.
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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.
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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VICINITY MAP
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SITE PLAN
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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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