MER20-0114 MBG Office Building Linder RoadMary May, President
Kent Goldthorpe, Vice-President
Rebecca W. Arnold, Commissioner
Sara M. Baker, Commissioner
Jim D. Hansen, Commissioner
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Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
November 30, 2020
To: Sandee Johnson, via email
Biltmore Company
1548 W. Cayuse Creek Drive
Meridian, ID 83646
Subject: MER20-0114/ A-2020-0203
4120 N. Linder
Mike Brown Group Office Building
The applicant is requesting design review approval for the construction of a 20,000 square foot
office building on 2.3 acres.
A. Findings of Fact
1. Linder Road
a. Existing Conditions: Linder Road is improved with 5-lanes, vertical curb, gutter
and 5-foot wide detached concrete sidewalk abutting the site. There is 96-feet of
right-of-way for Linder Road (48-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.
Minor Improvements Policy: District Policy 7203.3 states that minor
improvements to existing streets adjacent to a proposed development may be
required. These improvements are to correct deficiencies or replace deteriorated
facilities. Included are sidewalk construction or replacement; curb and gutter
construction or replacement; replacement of unused driveways with curb, gutter
and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs;
signs; traffic control devices; and other similar items.
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’s Proposal: The applicant is not proposing any street improvements to
Linder Road abutting the site.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
d. Staff Comments/Recommendations: Linder Road is fully improved; therefore,
no additional right-of-way dedication or street improvements are required as part of
this application.
The applicant should be required to repair or replace any damaged or deficient
facilities on Linder Road abutting the site.
This segment of Linder Road is listed on the no-cut moratorium through October
2024. Pavement cuts are not permitted to Linder Road without prior written
approval by the ACHD pavement cut committee.
2. Driveways-Linder Road
a. Existing Conditions: There is an existing 20-foot wide curb cut driveway from the
site onto Linder Road located at the site’s south property line.
b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points
associated with development applications shall be determined in accordance with
the policies in this section and Section 7202. Access points shall be reviewed only
for a development application that is being considered by the lead land use agency.
Approved access points may be relocated and/or restricted in the future if the land
use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.7 states that direct access to principal
arterials is typically prohibited. If a property has frontage on more than one street,
access shall be taken from the street having the lesser functional classification. If
it is necessary to take access to the higher classified street due to a lack of frontage,
the minimum allowable spacing shall be based on Table 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.
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.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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.
Number of Driveways on Arterials Policy: District Policy 7205.4.4 states that
the intent of this policy is to limit the number of access points to those that are
warranted or necessary to serve the development, while maintain the function and
performance of the arterial. The guidelines below shall be used when more than
one access point is being requested with a development.
Additional driveways may be considered when one or more of the following
conditions are met:
• The daily volume using one access exceeds 5,000 vehicles (total
volume for entering and exiting traffic).
• Traffic using one driveway exceeds the volume to capacity ratio (v/c)
equal to or greater than 1, of a STOP controlled intersection during
either the peak hour of the street or the peak hour of the site traffic
generation.
• A District approved traffic impact study and analysis determines that
conditions warrant additional driveways.
c. Applicant’s Proposal: The applicant is proposing to use the existing 20-foot
wide curb cut type driveway from the site onto Linder Road to provide access to
the existing garage that is proposed to remain.
The applicant is proposing to construct a 25-foot wide full access curb return type
driveway from the site onto Linder Road located 563-feet south of Monument
Street and 515-feet north of an existing driveway on the east side of Linder Road.
d. Staff Comments/Recommendations: The applicant’s proposal to use the existing
full access curb cut type driveway from the site onto Linder Road does not meet
District Access and Successive Driveway polices which requires driveways to
operate as right-in/right-out only on a principal arterial roadway and to align or offset
any other driveways on Linder Road a minimum of 355-feet and should not be
approved as proposed. The applicant should be required to close the existing
driveway with vertical curb, gutter and 5-foot wide detached concrete sidewalk to
match the existing improvements on either side.
The applicant’s proposal to construct a 25-foot wide full access curb return type
driveway from the site onto Linder Road located 563-feet south of Monument Street
and 515-feet north of an existing driveway does not meet District Access policy
which when allowed, requires driveways to operate as right-in/right-out only on a
principal arterial roadway. However, staff recommends a modification of policy to
allow the driveway onto Linder Road to be located as proposed because the site
does not have access to a lesser classified street and as a temporary full access.
This driveway may be restricted to right-in/right-out only in the future, as conditions
warrant as determined by ACHD.
B. Site Specific Conditions of Approval
1. Approval from the ACHD Pavement Cut Committee is required for any pavement cuts to
Linder Road through October 2024.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
2. Repair or replace any d0amaged or deficient facilities on Linder Road abutting the site.
3. Close the existing 20-foot wide curb cut driveway onto Linder Road located at the site’s
south property line with vertical curb, gutter and 5-foot wide detached concrete sidewalk to
match the existing improvements on either side.
4. Construct a 25-foot wide temporary full access curb return type driveway onto Linder Road
located 563-feet south of Monument Street. This driveway may be restricted to right-
in/right-out only in the future, as conditions warrant as determined by ACHD.
5. A Traffic Impact Fee will 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.
6. 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.
7. Comply with the Standard Conditions of Approval as noted below.
C. Traffic Information
Trip Generation
This development is estimated to generate 195; and 23 vehicle trips per hour in the PM peak
hour, based on the Institute of Transportation Engineers Trip Generation Manual, 10th edition.
Condition of Area Roadways: Traffic Count is based on Vehicles per hour (VPH)
Roadway Frontage Functional
Classification
PM Peak Hour
Traffic Count
PM Peak Hour
Level of Service
Linder Road 447-feet Principal Arterial 847 Better than “E”
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH).
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 north of Ustick Road was 18,520 on
August 4, 2020.
D. Attachments
1. Vicinity Map
2. Site Plan
3. Standard Conditions of Approval
4. Appeal Guidelines
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
If you have any questions, please feel free to contact me at (208) 387-6218.
Sincerely,
Dawn Battles
Planner
Development Services
cc: City of Meridian (Sonya Allen), via email
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Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
VICINITY MAP
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
SITE PLAN
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Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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.