2023-02-23 ACHD CHD
Alexis Pickering, President
Jim D. Hansen,Vice-President
�.�h ® Kent Goldthorpe,Commissioner
6O1WM ';f PiOc.-to 54"Clel Dave McKinney,Commissioner
Miranda Gold,Commissioner
February 22, 2023
To: Gary Sorensen, via email
Pivot North Architecture
1101 W. Grove Street
Boise, ID 83702
Subject: MER23-0006/ H-2023-0001
1005 E. Fairview Avenue
Fairview Multi-Family
The applicant is requesting approval of a conditional use permit to allow for the development
of 150 apartment units on 8-acres.
A. Findings of Fact
1. Fairview Avenue
a. Existing Conditions: Fairview Avenue is improved with 5-travel lanes, a 6-foot
wide gravel shoulder and 5-foot wide detached concrete sidewalk abutting the site.
There is 100-feet of right-of-way for Fairview Avenue (44-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 7-lane street section shall be 96-feet(back-of-curb
to back-of-curb)within 120-feet of right-of-way. This width typically accommodates
three travel lanes in each direction, a continuous raised or landscaped median with
intermittent turn lanes, and safety shoulders.
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.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714• PH 2O8-387-6100• FX 345-7650•www.achdidaho.org
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.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer
shall widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide
gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement
widening may be required (See Section 7205.5.5).
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
Fairview Avenue is designated in the MSM as a Mobility Arterial with 7-Ianes and
on-street bike lanes, a 96-foot street section within 124-feet of right-of-way.
c. Applicant's Proposal: The applicant is proposing to dedicate 12-feet of additional
right-of-way on Fairview Avenue abutting the site.
d. Staff Comments/Recommendations: Consistent with the MSM, the applicant
should be required to dedicate additional right-of-way to total 62-feet from
centerline of Fairview Avenue abutting the site. The additional dedicated right-of-
way is impact fee eligible for compensation as this segment of Fairview Avenue is
listed in the CIP.
The applicant should be required to repair or replace any damaged or deteriorated
portions of sidewalk on Fairview Avenue abutting the site.
2. Gruber Avenue
a. Existing Conditions: Gruber Avenue stubs to the site's east property line and is
improved with 2-travel lanes, 32-feet of pavement, vertical curb, gutter, and 5-foot
wide concrete sidewalk on the north side of the roadway and 9-foot wide concrete
sidewalk on the south side of the roadway. There is 50-feet of right-of-way for
Gruber Avenue abutting the site.
b. Policy:
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
Local Roadway Policy: District Policy 7207.2.1 states that the developer is
responsible for improving all local street frontages adjacent to the site regardless
of whether or not access is taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-
of-way widths for all local streets shall generally not be less than 47-feet wide and
that the standard street section shall be 33-feet (back-of-curb to back-of-curb).
Standard Urban Local Street-33-foot Street Section and Right-of-way Policy:
District Policy 7207.5.2 states that the standard street section shall be 33-feet
(back-of-curb to back-of-curb) for developments with any buildable lot that is less
than 1 acre in size. This street section shall include curb, gutter, and minimum 5-
foot wide concrete sidewalks on both sides and shall typically be constructed within
47-feet of right-of-way.
Continuation of Streets Policy: District Policy 7207.2.4 states that an existing
street, or a street in an approved preliminary plat, which ends at a boundary of a
proposed development shall be extended in that development. The extension shall
include provisions for continuation of storm drainage facilities. Benefits of
connectivity include but are not limited to the following:
• Reduces vehicle miles traveled.
• Increases pedestrian and bicycle connectivity.
• Increases access for emergency services.
• Reduces need for additional access points to the arterial street system.
• Promotes the efficient delivery of services including trash, mail and deliveries.
• Promotes appropriate intra-neighborhood traffic circulation to schools, parks,
neighborhood commercial centers, transit stops, etc.
• Promotes orderly development.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete
sidewalk is required on both sides of all local street, except those in rural
developments with net densities of one dwelling unit per 1.0 acre or less, or in
hillside conditions where there is no direct lot frontage, in which case a sidewalk
shall be constructed along one side of the street. Some local jurisdictions may
require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway
strip at least 8-feet wide between the back-of-curb and the street edge of the
sidewalk is recommended to provide increased safety and protection of pedestrians
and to allow for the planting of trees in accordance with the District's Tree Planting
Policy. If no trees are to be planted in the parkway strip, the applicant may submit
a request to the District, with justification, to reduce the width of the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent
roadway. Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed
outside of the dedicated right-of-way. The easement shall encompass the entire
area between the right-of-way line and 2-feet behind the back edge of the sidewalk.
Sidewalks shall either be located wholly within the public right-of-way or wholly
within an easement.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be
constructed to provide a minimum turning radius of 50-feet; in rural areas or for
temporary cul-de-sacs the emergency service providers may require a greater
radius. Landscape and parking islands may be constructed in turnarounds if a
minimum 29-foot street section is constructed around the island. The pavement
width shall be sufficient to allow the turning around of a standard AASHTO SU
design vehicle without backing. The developer shall provide written approval from
the appropriate fire department for this design element.
The District will consider alternatives to the standard cul-de-sac turnaround on a
case-by-case basis. This will be based on turning area, drainage, maintenance
considerations and the written approval of the agency providing emergency fire
service for the area where the development is located.
c. Applicant's Proposal: The applicant is proposing to construct a 26-foot wide
driveway off the end of Gruber Avenue to provide access to the site.
d. Staff Comments/Recommendations: The applicant's proposal does not meet
District Continuation of Streets Policy which requires that roadways be extended
into a site or terminated with the construction of a cul-de-sac turnaround and should
not be approved, as proposed.
The applicant should be required to extend Gruber Avenue into the site and
terminate the roadway with the construction of a cul-de-sac turnaround with curb,
gutter and 5-foot wide attached concrete sidewalk with a minimum turning radius
of 50-feet. Dedicate right-of-way to 2-feet behind back of sidewalk.
3. Driveways
3.1 Fairvew Avenue
a. Existing Conditions: There is an existing 40-foot wide driveway from the site onto
Fairview Avenue located 404-feet east of Lakes Place (measured centerline-to-
centerline).
There is an existing 35-foot wide driveway from the site onto Fairview Avenue
located in alignment with Lakes Place on the north side of Fairview Avenue across
from the site. This driveway functions as the south leg of the Fairview
Avenue/Lakes Place signalized intersection. There is an existing recorded access
easement to provide access to the parcels located west of the site.
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 lb 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
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
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 1 b, 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 close the existing 40-foot
wide driveway onto Fairview Avenue located 404-feet east of Lakes Place with 5-
foot wide detached concrete sidewalk to tie into the existing improvements on either
side and landscaping.
The applicant is proposing to use the existing 35-foot wide driveway from the site
onto Fairview Avenue located in alignment with Lakes Place on the north side of
Fairview Avenue across from the site to provide access to the site.
d. Staff Comments/Recommendations: The applicant's proposal to close the
existing 40-foot wide driveway onto Fairview Avenue located 404-feet east of Lakes
Place with 5-foot wide detached concrete sidewalk to tie into the existing
improvements on either side and landscaping meets District policy and should be
approved, as proposed.
The applicant's proposal to use the existing 35-foot wide driveway from the site
onto Fairview Avenue located in alignment with Lakes Place on the north side of
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
Fairview Avenue across from the site to provide access to the site meets District
policy and should be approved, as proposed.
3.2 Gruber Avenue
a. Existing Conditions: There are no existing driveways from the site onto Gruber
Avenue.
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 lb 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 1 b, 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.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•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.
c. Applicant's Proposal: The applicant is proposing to construct a 26-foot wide
paved driveway onto the existing stub street of Gruber Avenue located at the site's
east property line.
d. Staff Comments/Recommendations: As noted above in Finding 2d, Gruber
Avenue is required to be extended into the site and terminate the roadway with the
construction of a cul-de-sac turnaround and the 26-foot wide paved driveway onto
the cul-de-sac portion of Gruber Avenue meets District policy and should be
approved.
B. Site Specific Conditions of Approval
1. Dedicate additional right-of-way to total 62-feet from centerline of Fairview Avenue abutting
the site. Compensation will be provided for the additional dedicated right-of-way.
2. Repair or replace any damaged or deteriorated portions of sidewalk on Fairview Avenue
abutting the site.
3. Extend Gruber Avenue into the site and terminate the roadway with the construction of a
cul-de-sac turnaround with curb, gutter and 5-foot wide attached concrete sidewalk with a
minimum turning radius of 50-feet. Dedicate right-of-way to 2-feet behind back of sidewalk.
4. Close the existing 40-foot wide driveway onto Fairview Avenue located 404-feet east of
Lakes Place with 5-foot wide detached concrete sidewalk to tie into the existing
improvements on either side and landscaping as proposed.
5. Use the existing 35-foot wide driveway from the site onto Fairview Avenue located in
alignment with Lakes Place on the north side of Fairview Avenue across from the site to
provide access to the site, as proposed.
6. Construct a 26-foot wide paved driveway onto Gruber Avenue located at the site's east
property line.
7. 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.
8. 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.
9. Comply with the Standard Conditions of Approval as noted below.
C. Traffic Information
Trip Generation
This development is estimated to generate 552 additional vehicle trips per day (549 existing);
and less than 1 additional vehicle trip per hour in the PM peak hour(76 existing), based on the
Institute of Transportation Engineers Trip Generation Manual, 11th edition.
Condition of Area Roadways: Traffic Count is based on Vehicles per hour(VPH)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count I Level of Service
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
Fairview Avenue 503-feet Principal Arterial 1,366 Better than
* 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 Fairview Avenue west of Locust Grove Road was
29,588 on October 5, 2021.
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 2O8-387-6100•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)
Shannon Robnett, via email
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
VICINITY MAP
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Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way
(including all easements). Any existing irrigation facilities shall be relocated outside of
the ACHD right-of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers)for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all
applicable ACHD Standards unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that
time. Any change in the planned use of the property which is the subject of this
application, shall require the applicant to comply with ACHD Policy and Standard
Conditions of Approval in place at that time unless a waiver/variance of the requirements
or other legal relief is granted by the ACHD Commission.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•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.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org