CC - Applicant Letter Response to ACHD DEVCOLL,
REAL ESTATE DEVELOPMENT
Christy Little
Development Services Manager, ACHD
1301 N. Orchard St. (Suite 200)
Boise, ID 83706
RE: Newkirk Response to Zimmerman Lane Concerns
Dear Christy,
In response to the Newkirk Staff report draft that was transmitted on 2.17.2023 and
subsequent discussions with the City of Meridian, ACHD Staff and neighboring property owners
we propose the following conditions regarding Zimmerman Lane be added to the Newkirk
Subdivision approval:
New Condition 1.1: "Per ACHD direction, Zimmerman Lane will not be dedicated as public right-
of-way, with the exception of two stub locations at Atomic St. and Chair Lift St. Dedicate such
stub locations to ACHD in configurations required by ACHD prior to signature on the first final
plat. The remainder of Zimmerman Lane will remain a private access. Because Zimmerman
Lane will remain a private access, applicant will modify the annexation and preliminary plat
boundaries to remove Zimmerman Lane to facilitate future conveyance of the remainder of
Zimmerman Lane to property owners benefitted by this access easement who remain in Ada
County. The City of Meridian and ACHD will not sign the first final plat for the Newkirk
Subdivision until such time as the Zimmerman Lane property has been conveyed by parcel line
adjustment to the adjacent property owners per the attached exhibit."
(Refer to exhibit next page)
Thank you for your consideration in this matter. Please let us know if you have any concerns or
comments.
Sincerely,
Laren Bailey, MCRP
Hatched parcels to
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March 22, 2023 2 1 P a g e
Newkirk Letter DevCo LLC
Development Services Department
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ACHD
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Project/File: Newkirk/ MPP22-0042/ H-2022-0088
This is an annexation with rezone and a preliminary plat application to allow for the
development of a 71-lot residential development on 24-acres.
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Lead Agency: City of Meridian
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Site address: 4250 W. Franklin Road
Staff Approval: March 28, 2023 ._
Applicant: Laren Bailey
Conger Group
4824 W. Fairview Avenue
Boise, ID 83706 '� r
Staff Contact: Dawn Battles, Senior Planner " �`i
Phone: 387-6218 `�
E-mail: dbattles(aachdidaho.org
A. Findings of Fact gp O--
1. Description of Application: The applicant is requesting approval of an annexation with rezone
from RUT (Rural-Urban Transition to TN-R (Traditional Neighborhood Residential) and a
preliminary plat to allow for the development of a 71-lot residential development consisting of 62
single family lots and 1 multi-family lot and 8 common lots (5 landscape, 1 common driveway, 1
alley and 1 non-buildable) on 21-acres. The applicant's rezone proposal is consistent with the City
of Meridian's future land use map which designates this site as Med-High Density Residential.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North Union Pacific Railroad N/A
South Rural-Urban Transition (Ada County)/Traditional RUT/TN-R/R-15
Nei hborhood Residential/ High-Density Residential
East High-Density Residential R-15
West Estate Residential/Rural-Urban Transition (Ada County)/ R1/RUT/ TN-R/R-15
Traditional Neighborhood Residential/ High-Density
Residential
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:
• Colorado Ridge, a 2-lot residential subdivision consisting of 122 residential units which include
42 multi-family units, 50 attached and 30 detached single family units on 11-acres is located
west of the site and is currently being reviewed by ACHD.
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Newkirk/ MPP22-0042/ H-2022-0088
• Alamar, a 57-lot residential development consisting of 51 single family lots and 6 common lots
on 6-acres located directly adjacent to the south and was approved by ACHD in May 2022.
• Aviator, an 84-lot residential development consisting of single family lots, townhome lots and
multi-family lots on 10-acres located directly adjacent to the west and was approved by ACHD
in February 2022.
• Ascent, a 57 lot development consisting of 43 buildable lots, 12 common lots and 1 lot for
temporary access on 5-acres located directly adjacent to the site to the south and southeast
and was approved by ACHD in May 2020 and is in various stages of construction.
5. Transit: Transit services are available to serve this site, via routes 40 and 42.
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 0.73 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):
• Franklin Road is scheduled in the IFYWP to be widened to 5-lanes from McDermott Road to
Black Cat Road with the design year in 2026 and the construction date has not been
determined.
• Black Cat Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Cherry
Lane between 2031 and 2035.
• Black Cat Road is listed in the CIP to be widened to 5-lanes from Overland Road to Franklin
Road between 2036 and 2040.
10. Roadways to Bikeways Master Plan: ACHD's Roadways to Bikeways Master Plan (BMP) was
adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to
implement the Planned Bicycle Network to support bicycling as a viable transportation option for
Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of
good repair in order to ensure they are consistently available for use, promote awareness of existing
bicycle routes and features and support encouragement programs and to facilitate coordination and
cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan
recommendations.
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Newkirk/ MPP22-0042/ H-2022-0088
The BMP identifies Black Cat Road as Level 3 facilities that will be constructed as part of a future
ACHD project, and the BMP identifies Franklin Road as an existing Level 2 facility.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 1,928 vehicle trips per day; 150
vehicle trips per hour in the PM peak hour, based on the traffic impact study.
2. Traffic Impact Study
CR Engineering prepared an abbreviated traffic impact analysis for the proposed Newkirk
development. The analysis included three study area roadway segments, 4 intersections and
access points. Additionally, the traffic impacts were evaluated with and without Zimmerman Lane
constructed as a public street from the site to intersect Franklin Road. The findings as presented
by CR Engineering can be found as Attachment 3. The following findings are not the opinion of
ACHD staff. ACHD has reviewed the submitted traffic impact analysis for consistency with ACHD
policies and practices and may have additional requirements beyond what is noted in the summary.
ACHD Staff comments on the submitted traffic impact study can be found below under staff
comments.
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f a. Policy:
Mitigation Proposals: Mitigation recommendations shall be provided within the report. At a
minimum, for each roadway segment and intersection that does not meet the minimum
acceptable level of service planning threshold or v/c ratio, the report must discuss feasible
measures to avoid or reduce the impact to the system. To be considered adequate, measures
should be specific and feasible. Mitigation may also include:
• Revision to the Phasing Plan to coincide with the District's planning Capital Projects.
• Reducing the scope and/or scale of the project.
Alternative Mitigation Measures: 7106.7.3 states that if traditional mitigation measures such
as roadway widening and intersection improvements are infeasible as determined by ACHD,
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Newkirk/ MPP22-0042/ H-2022-0088
the TIS may recommend alternative mitigation measures. Alternative mitigation measures shall
demonstrate that impacts from the project will be offset.
• If the impacted roadway segments and/or intersections are programmed as funded in
the Integrated Five Year Work Plan (IFYWP) or the Capital Improvements Plan (CIP);
no alternative mitigation is required.
• If the impacted roadway segments and/or intersections are not programmed in either
the IFYWP or the CIP; the applicant may (i) analyze the shoulder hour and (ii) provide a
safety analysis to determine alternative mitigation requirements.
o If the impacted roadway segments and intersections meet the minimum
acceptable level of service planning thresholds in the shoulder hour the applicant
may suggest feasible alternative mitigation such as: sidewalks, bike facilities,
connectivity, safety improvements, etc. within 1.5 miles of the proposed
development.
o If the shoulder hour planning thresholds are exceeded the applicant may request
to enter into a Development Agreement and pay into the Priority Corridor Fund
an amount determined by the ACHD to offset impacts from the project.
• Alternative Mitigation may also include:
o Revision to the Phasing Plan to coincide with the District's future Capital
Projects.
o Reducing the scope and/or scale of the project.
Level of Service Planning Thresholds: District Policy 7206.4.1 states that, Level of Service
Planning Thresholds have been established for principal arterials and minor arterials within
ACHD's Capital Improvement Plan and are also listed in section 7106. Unless otherwise
required to provide a Traffic Impact Study under section 7106, a proposed development with
site traffic less than 10% of the existing downstream roadway or intersection peak hour traffic
shall not be required to provide mitigation for a roadway or intersection that currently exceeds
the minimum acceptable level of service planning threshold or V/C ratio.
b. Staff Comments/Recommendations: The traffic impact study notes that all study area
roadway segments and intersections are anticipated to operate at an acceptable level of service
planning threshold under existing, background, and total traffic conditions with the exception of
the Black Cat/Aviator Street intersection.
Black Cat Road/Aviator Street Intersection —the westbound left turning movement exceeds
ACHD's acceptable level of service thresholds during the AM peak hour under existing,
background, and total traffic conditions. This is primarily due to the school drop off traffic
generated by COMPASS Charter School. The study recommends the construction of a
dedicated southbound left turn lane and a dedicated northbound right turn lane to mitigate the
traffic impacts and improve the function and safety of the intersection.
Construction of the recommended northbound and southbound turn lanes at the intersection is
not feasible due to existing power poles on both sides of the intersection and right-of-way
constraints. This segment of Black Cat Road is programmed as a funded improvement in the
CIP for widening to 5 lanes between 2031 and 2035 and the site generated traffic at this
intersection is anticipated to be 2.3% in the AM and 3% in the PM peak hour. Therefore,
consistent with ACHD's Alternative Mitigation Measures and Level of Service Planning
Threshold policy, no mitigation is required.
Zimmerman Lane — Zimmerman Lane is a 50-foot wide unpaved private road located within
the site, that intersects Franklin Road at the site's south property line and extends 870-feet
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Newkirk/ MPP22-0042/ H-2022-0088
north. Although the applicant is not proposing to construct Zimmerman Lane as a public street,
staff requested that the traffic impact study include an analysis of Zimmerman Lane as a public
street. The traffic study notes that the findings of the study remain unchanged with and without
the construction of Zimmerman Lane and that the traffic patterns are not anticipated to change
significantly due to the construction of the roadway. The study also recommends that if
Zimmerman is constructed that it be constructed as a local road, as it anticipated to carry less
than 2,000 trips per day.
Turn Lanes — The traffic impact study recommends the construction of dedicated right turn
lanes on Franklin Road at Umbria Hills Avenue and Zimmerman Lane. The construction of
these turn lanes is not feasible due to right-of-way constraints and are not required to be
constructed.
3. 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
Franklin Road 50-feet Principal Arterial 565 Better than "E"
Aviator Street None Collector 66 Better than "D"
• Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH).
• Acceptable level of service for a two-lane collector is "D" (425 VPH).
4. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Franklin Road west of Black Cat Road was 9,372 on
October 4, 2021.
• The average daily traffic count for Aviator Street east of Black Cat Road was 2,234 on October
4, 2022.
C. Findings for Consideration
1. Ten Mile Interchange Specific Area Plan (TMISAP)
The transportation element of the TMISAP is to guide transportation decisions in the Ten Mile
Interchange Area. It was developed concurrently with the Land Use and Design Elements and has
been designed to preserve the integrity of the arterial road system and the Ten Mile interchange;
provide for the use of public transit; enhance pedestrian and bicycle mobility and accessibility; and
create transportation infrastructure and promote land use patterns that encourage the sustainable
use of resources and reduces demands on natural resources.
The TMISAP recommends the construction of an east/west collector roadway through the site.
2. Franklin Road
a. Existing Conditions: Franklin Road is improved with 5-travel lanes, on-street bike lanes,
vertical curb, gutter, and 5-foot wide detached concrete sidewalk abutting the site. There is
104-feet of right-of-way for Franklin Road (33-feet from centerline).
b. Policy:
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Newkirk/ MPP22-0042/ H-2022-0088
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.
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
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 Five Mile Road is designated in the
MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 72-foot street section
within 97-feet of right-of-way.
c. Applicant Proposal: The applicant is not proposing to construct any street improvements on
Franklin Road abutting the site.
d. Staff Comments/Recommendations: Franklin Road is fully improved; therefore, no additional
right-of-way dedication or street improvements should be required as part of this application.
Consistent with District Minor Improvements policy, the applicant should be required to repair
or replace any damaged or deficient portions of curb, gutter and sidewalk on Franklin Road
abutting the site.
3. San Marco Way-East/West MSM Collector
a. Existing Conditions: There are no collector roadways within the site. There is one collector
street, San Marco Way, that stubs to the site's east property line. As part of ACHD's approval
6
Newkirk/ MPP22-0042/ H-2022-0088
of Aviation Springs, there is one collector street, Aviator Springs, proposed to stub to the site's
west property line.
b. Policy:
Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for
improving all collector frontages adjacent to the site or internal to the development as required
below, regardless of whether access is taken to all of the adjacent streets.
Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector
street is designated with a typology on the Master Street Map, that typology shall be considered
for the required street improvements. If there is no typology listed in the Master Street Map,
then standard street sections shall serve as the default.
Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard
right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location
and width of the sidewalk and the location and use of the roadway. The right-of-way width may
be reduced, with District approval, if the sidewalk is located within an easement; in which case
the District will require a minimum right-of-way width that extends 2-feet behind the back-of-
curb on each side.
The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically
accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike
lanes.
Residential Collector Policy: District policy 7206.5.2 states that the standard street section
for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District
will consider a 33-foot or 29-foot street section with written fire department approval and taking
into consideration the needs of the adjacent land use, the projected volumes, the need for
bicycle lanes, and on-street parking.
Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all collector 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.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway
features required through development. This segment of San Marco Way is designated in the
MSM as a Town Center Collector with 2-lanes and on-street bike lanes, a 36-foot street section
within 50 to 70-feet of right-of-way.
c. Applicant Proposal: The applicant is proposing to extend San Marco Way into the site and to
stub the collector roadway to the site's west property line in alignment with the stub street
approved as part of ACHD's action on Aviator Springs Subdivision located directly west of the
site. The applicant has proposed to construct the collector roadway as a 36-foot wide collector
street section with vertical curb and gutter within 40-feet of right-of-way and an 8-foot wide
7
Newkirk/ MPP22-0042/ H-2022-0088
planter strip and 5-foot wide detached concrete sidewalk within a 13-foot wide permanent right-
of-way easement.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
4. Zimmerman Lane
a. Existing Conditions: Zimmerman Lane is a 50-foot wide unpaved private road located within
the site, intersects Franklin Road at the site's south property line and extends 870-feet north
(shown in red) and provides access to 4 out parcels.
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b. Applicant's Proposal: On March 22, 2023, the applicant submitted a letter to ACHD indicating
that the City will require a modification to the plat to remove Zimmerman Lane, prior to final plat
approval. The applicant is not proposing any street improvements to Zimmerman Lane and
intends to leave it as a provide road with that will serve existing residents, but will not provide
any access to the proposed or surrounding development. The applicant has proposed to provide
ACHD with deeded land (50' x 50') across Zimmerman Lane at Atomic Street and at Chair Lift
Street to provide additional east-west connectivity. Because Zimmerman Lane is not a part of
the plat, the applicant is not require to construct the 2 streets across Zimmerman. Those future
costs to make the connections will likely be borne by ACHD.
c. Staff Comments/Recommendations: Staff supports the applicant's proposal. Residential
access to Zimmerman will remain; and Zimmerman Lane will remain open at Franklin Road.
The applicant should work with adjacent property owners to ensure that local traffic does not
use Zimmerman Lane to access the neighborhood.
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Newkirk/ MPP22-0042/ H-2022-0088
5. Internal Local Streets
a. Existing Conditions: There are no local streets within the site. As part of ACHD's approval
of Alamar Subdivision, there 3"'.
is one local street, Feather r ;"
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stub to the site's south ;
property line and one local' #� SITE
street, Atomic Street, to stub
to the site's west property
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that stub to the site as part of STREETS
ACHD's approval of Ascent ,
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Lift Street stub to the site's 3 1 K ��. _ � � ;,a _ ;•,
east property line. ° "' "'
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connections are made with
this application, ACHD will require the closure of Ascent Avenue (not by this applicant).
b. Policy:
Reduced Urban Local Street-27-foot Street Section and Right-of-Way Policy: District
Policy 7207.5.2 states that the width of a reduced urban local street shall be 27-feet (back-of-
curb to back-of-curb) with curb, gutter, and minimum 5-foot concrete sidewalks on both sides
and shall typically be within 41-feet of right-of-way. Unless approved in writing by the land use
agency, this street section is not allowed by the City of Kuna and City of Star. In some cases,
this street width may not accommodate new utilities. A 29-foot street section within 43-feet of
right-of-way may be constructed in lieu of a 27-foot street section if the applicant demonstrates
that the additional roadway width is necessary to extend the utilities. Although some parking is
allowed by the following subsections, the District will further restrict parking on a reduced width
street if curves or other physical features cause problems, if actual emergency response
experience indicates that emergency vehicles may not be able to provide service, or if other
safety concerns arise. One of the following three sets of design conditions shall apply.
Design Condition #1: Parking is allowed on one side of a reduced width street when all of the
following criteria are met:
• The street is in a residential area.
• The developer shall provide written approval from the appropriate fire department or
emergency response unit in the jurisdiction.
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Newkirk/ MPP22-0042/ H-2022-0088
• The developer shall install NO PARKING signs on one side of the street, as specified by
the District and as specified by the appropriate fire department.
• This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks
on both sides and shall typically be constructed within 41-feet of right-of-way.
• Traffic volumes on the street shall not exceed 1,000 vehicle trips per day. There shall be
no possibility that another street may be connected to it in a manner that would allow more
than 1,000 vehicle trips per day.
Design Condition #2: Parking is allowed on both sides of a reduced width street when the street
layout has the qualities of a road grid system. This provides fire trucks and other emergency
vehicles alternate routes of access since the ability to pass another vehicle may be
compromised by placement of parked vehicles on both sides of the street. The following criteria
shall be met:
• The street is in a residential area.
• The developer shall provide written approval from the appropriate fire department or
emergency response unit in the jurisdiction.
• The block length of the street shall not exceed 500-feet, measured between centerlines.
• Traffic volumes on the street are not forecast to exceed 400 vehicle trips per day.
• A minimum of two street connections shall be provided to each end of the street with the
reduced width. The two connecting streets shall each connect to the larger street system
to provide the intended alternate routes of access. A street system that has one street
connection to the larger street network on one end and a loop/circle street on the other
end with no outlet shall not be approved.
• This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks
on both sides and shall typically be constructed within 41-feet of right-of-way.
Design Condition #3: Parking is allowed on both sides of a reduced width residential street with
passing pockets that are created when two driveways are constructed near the same property
line, where a 50-foot segment will not have on—street parking on the side of the street with the
driveways. This provides fire trucks and other vehicles areas to move to the side of the street
to allow another vehicle to pass when vehicles are parked on the street. Parking is allowed on
both sides of a reduced width street when the following criteria are met:
• The street is in a residential area.
• The developer shall provide written approval from the appropriate fire department or
emergency response unit in the jurisdiction.
• Driveway locations are predetermined with curb cuts forthe driveways to be installed when
the street is constructed. The curb cuts shall be 20-feet wide. Each lot on the street will be
paired with an adjacent lot. If there are an odd number of lots, one lot at either end of the
street will not be paired. Each pair of lots shall locate its driveway 5-feet from the shared
lot line of the pair.
• This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks
on both sides and shall typically be constructed within 41-feet of right-of-way.
• The lots cannot abut an alley.
• Traffic volumes on the street are not forecast to exceed 400 vehicle trips per day.
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.
10
Newkirk/ MPP22-0042/ H-2022-0088
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 streets, 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.
Landscape Medians Policy: District policy 7207.5.16 states that landscape medians are
permissible where adequate pavement width is provided on each side of the median to
accommodate the travel lanes and where the following is provided:
• The median is platted as right-of-way owned by ACHD.
• The width of an island near an intersection is 12-feet maximum for a minimum distance of
150-feet. Beyond the 150-feet, the island may increase to a maximum width of 30-feet.
• At an intersection that is signalized or is to be signalized in the future, the median width
shall be reduced to accommodate the necessary turn lane storage and tapers.
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• The Developer or Homeowners Association shall apply for a license agreement if
landscaping is to be placed within these medians.
• The license agreement shall contain the District's requirements of the developer including,
but not limited to, a "hold harmless" clause; requirements for maintenance by the
developer; liability insurance requirements; and restrictions.
• Vertical curbs are required around the perimeter of any raised median. Gutters shall slope
away from the curb to prevent ponding.
c. Applicant Proposal: The applicant is not proposing to extend any of the 5 stub streets(Feather
Reed Avenue, Atomic Street, Ski Hill Street, Atomic Street and Chair Lift Street) into the site.
The applicant is proposing to construct the entrance portion of Zimmerman Avenue (north of
San Marco Way) with two 21-foot wide travel lanes, a 10-foot wide center landscape island,
vertical curb and gutter within 56-feet of right-of-way and an 8-foot wide planter strip and 5-foot
wide detached concrete sidewalk within a 13-foot wide permanent right-of-way easement.
The applicant is proposing to construct the internal local streets as 27-foot wide street sections
with curb and gutter within 31-feet of right-of-way and an 8-foot wide planter strip and 5-foot
wide detached concrete sidewalk within a 13-foot wide permanent right-of-way easement.
d. Staff Comments/Recommendations: The applicant's proposal to not extend the five stub
streets into the site does not meet District Continuation of Streets Policy which requires that
existing streets, or a street in an approved preliminary plat, which ends at a boundary of a
proposed development to be extended in that development and should not be approved as
proposed.
The applicant should be required to extend Atomic Street located on the east side of
Zimmerman Lane and Chair Lift Street into the site to connect to Zimmerman Lane, which is
required to be constructed as a local street, as 29-foot local street sections with curb, gutter and
5-foot wide concrete sidewalk consistent with the improvements constructed on the existing
streets east of the site.
The applicant should be required to extend Ski Hill Street into the site to connect to San Marco
Way, a proposed collector street, as a 29-foot local street section with curb, gutter and 5-foot
wide concrete sidewalk consistent with the improvements constructed on Ski Hill Street west of
the site.
The applicant should be required to extend Feather Reed Avenue into the site to connect to
San Marco Way, a proposed collector street, and Atomic Street located on the west side of
Zimmerman Lane, to connect to Zimmerman Lane, which is required to be constructed as a
local street, as 33-foot street sections with curb, gutter and 5-foot wide concrete sidewalk
consistent with the improvements approved as part of Alamar Subdivision.
If Feather Reed Avenue located at the site's south property line and Atomic Street located on
the west side of Zimmerman Lane have not been constructed as stub streets as part of the
Alamar subdivision located south and west of the site, then the applicant should be required to
extend the right-of-way to the property lines to allow for the extension of the stub streets to San
Marco Way, a proposed collector, and Zimmerman Lane, a required local street.
The applicant's proposal for the entry portion of Zimmerman Avenue (north of San Marco Way),
and the internal local streets meet District policy and should be approved, as proposed.
The applicant should be required to plat the center landscape island as right-of-way owned by
ACHD. The applicant or the future owner's association may enter into a license agreement with
ACHD for landscaping within the island.
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Parking is prohibited on one side of a 27-foot wide street section. The applicant should be
required to coordinate a signage program with Development Review staff for the installation of
"NO PARKING" signs.
6. Roadway Offsets
a. Existing Conditions: There are no public streets within the site. There is one private road,
Zimmerman Lane that intersects Franklin Road, located 450-feet east of Baraya Way and 850-
feet west of Scotney Avenue.
b. Policy:
Local Street Intersection Spacing on Principal Arterials: District policy 7205.4.3 states that
new local streets should not typically intersect arterials. Local streets should typically intersect
collectors. If it is necessary, as determined by ACHD, for a local street to intersect an arterial,
the minimum allowable offset shall be 1,320-feet as measured from all other existing roadways
as identified in Table 1 b (7205.4.7).
Collector Offset Policy: District policy 7206.4.5, states that the preferred spacing for a new
local street intersecting a collector roadway to align or offset a minimum of 330-feet from any
other street (measured centerline to centerline).
Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a
minimum offset of 125-feet from any other street (measured centerline to centerline).
c. Applicant's Proposal: The applicant is proposing to construct Wolfsburg Avenue to intersect
the north and south side of San Marco Way located 114-feet east of the west property line and
Zimmerman Avenue to intersect the north side of San Marco Way located 72-feet west of
existing Zimmerman Lane on the south side of San Marco Way.
d. Staff Comments/Recommendations: Staff recommends approval of the proposed location of
Wolfsburg Avenue on the north side of San Marco Way, 114-feet east of the west property line.
The location of Wolfsburg Avenue on the south side of San Marco Way is not approved, as
proposed. Consistent with Finding 5 above and the image on page 11, the Feather Reed
Avenue stub street should be extended to intersect San Marco Way.
The proposed location of Zimmerman Avenue on the north side of San Marco Way should not
be approved, as proposed. Zimmerman Avenue should be moved east to align centerline to
centerline with Zimmerman Lane on the south side of San Marco Way creating a standard
intersection.
7. Stub Streets
a. Existing Conditions: San Marco Way, a collector roadway stubs to the site's east property
line and Aviator Street, a collector roadway is planned to stub to the site's west property line as
part of Aviator Springs Subdivision.
There are 5 local stub streets to the site, as detailed in Finding 5 above and on the image on
page 11.
b. Policy:
Stub Street Policy: District policy 7206.2.4.3 and 7207.2.4.3 state that stub streets will be
required to provide circulation or to provide access to adjoining properties. Stub streets will
conform with the requirements described in Section 7206.2.4 and 7207.2, except a temporary
cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign
shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE." Or `THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS
STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
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In addition, stub streets must meet the following conditions:
• A stub street shall be designed to slope towards the nearest street intersection within the
proposed development and drain surface water towards that intersection, unless an
alternative storm drain system is approved by the District.
• The District may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
Temporary Dead End Streets Policy: District policy 7206.2.4.4 and 7207.2.4.4 requires that
the design and construction for cul-de-sac streets shall apply to temporary dead end streets.
The temporary cul-de-sac shall be paved and shall be the dimensional requirements of a
standard cul-de-sac. The developer shall grant a temporary turnaround easement to the District
for those portions of the cul-de-sac which extend beyond the dedicated street right-of-way. In
the instance where a temporary easement extends onto a buildable lot, the entire lot shall be
encumbered by the easement and identified on the plat as a non-buildable lot until the street is
extended.
c. Applicant Proposal: The applicant is proposing to extend San Marco Way/Aviator Street into
the site. The applicant is not proposing to extend any of the local stub streets into the site as
noted under Finding 5 above.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed. If this project moves forward prior to the construction of the
Aviator Street stub street (west property line), then the applicant should be required to install a
sign at the terminus of the roadway stating that, "`THIS IS A DESIGNATED COLLECTOR
ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
A temporary turnaround is not required if San Marco Way/Aviator Street is constructed as a
stub street to the west, as it less than 150-feet in length.
Consistent with Findings 5 and 6 above, the applicant should be required to extend all of the
local stub streets into the site.
8. Driveways
8.1 San Marco Way
a. Existing Conditions: There are no public streets within the site.
b. Policy:
Access 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.
District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the
local street system and carry that traffic to the nearest arterial. A secondary function is to service
adjacent property. Access will be limited or controlled. Collectors may also be designated at
bicycle and bus routes.
Driveway Location Policy (Signalized Intersection): District policy 7206.4.3 requires
driveways located on collector roadways near a signalized intersection to be located outside
the area of influence; OR a minimum of 440-feet from the signalized intersection for a full-access
driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only
driveway. Dimensions shall be measured from the centerline of the intersection to the centerline
of the driveway.
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Driveway Location Policy (Stop Controlled Intersection): District policy 7206.4.4 requires
driveways located on collector roadways near a STOP controlled intersection to be located
outside of the area of influence; OR a minimum of 150-feet from the intersection, whichever is
greater. Dimensions shall be measured from the centerline of the intersection to the centerline
of the driveway.
Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on
collector roadways with a speed limit of 25 MPH and daily traffic volumes greater than 100 VTD
to align or offset a minimum of 245-feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7206.4.6 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,
7206.4.6, 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 7206.4.6.
c. Applicant's Proposal: The applicant has proposed to construct one 24-foot wide driveway
onto San Marco Way located at the site's east property line.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed. The driveway should be constructed as a paved curb return
type driveway.
8.2 Zimmerman Avenue and Wolfsburg Avenue
a. Existing Conditions: There are no public streets within the site.
b. Policy:
Driveway Location Policy: District policy 7207.4.1 requires driveways near intersections to be
located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street
intersection, and 150-feet from the nearest collector or arterial street intersection.
Successive Driveways: District Policy 7207.4.1 states that successive driveways away from an
intersection shall have no minimum spacing requirements for access points along a local street,
but the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required,
residential driveways shall be restricted to a maximum width of 20-feet and may be constructed
as curb-cut type driveways.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7207.4.3, 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.
c. Applicant's Proposal: The applicant has proposed to construct one 30-foot wide driveway onto
Zimmerman Avenue, located 180-feet north of San Marco Way. The applicant has proposed to
dedicate the approach of this driveway as right-of-way.
The applicant has proposed to construct a 20-foot wide shared driveway onto Wolfsburg Avenue
and in alignment with Seaburg Street.
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d. Staff Comments/Recommendations: The proposed location and width of the driveway meet
District policy and should be approved, as proposed. However, the approach of the driveway
should not be dedicated as right-of-way. The right-of-way should extend 2-feet behind the back
of the curb of Zimmerman Avenue and not extend into the driveway. This driveway should be
constructed as paved curb cut type driveway.
The applicant's proposal to construct a 20-foot wide shared driveway onto Wolfsburg Avenue and
in alignment with Seaburg Street meets District policy and should be approved, as proposed.
9. Traffic Calming
a. Speed Control and Traffic Calming Policy: District policy 7206.3.8 states that collector streets
should be designed to discourage speeds above 35 MPH and in a residential area, collector
streets should be designed to discourage speeds above 30 MPH. The design of collector street
systems should discourage excessive speeds by using passive design elements. If the design or
layout of a development is anticipated to necessitate future traffic calming implementation by the
District, then the District will require changes to the layout and/or the addition of passive design
elements such as horizontal curves, bulb-outs, chokers, etc. The District will also consider texture
changes to the roadway surface (i.e. stamped concrete) as a passive design element. These
alternative methods may require a maintenance and/or license agreement.
b. Staff Comments/Recommendations: San Marco Way is proposed to extend greater than 750-
feet in length and will require traffic calming as it will provide a continuous collector between Black
Cat Road and Franklin Road. The applicant should be required to revise and resubmit the
preliminary plat to provide traffic calming on San Marco Way/Aviator Street for review and
approval prior to plan submittal.
10. 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.
11. 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.
12. Other Access
Franklin Road is classified as a principal arterial roadway and San Marco Way/Aviator Street are
classified as collector roadways. Other than the access specifically approved with this application,
direct lot access is prohibited to these roadways and should be noted on the final plat.
D. Site Specific Conditions of Approval
1. Revise and resubmit the preliminary plat to provide traffic calming on San Marco Way/Aviator Street
for review and approval prior to plan submittal.
2. Repair or replace any damaged or deficient portions of curb, gutter and sidewalk on Franklin Road
abutting the site.
3. Extend San Marco Way into the site to stub to the site's west property line in alignment with the
stub street approved as part of ACHD's action on Aviator Springs Subdivision located directly west
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Newkirk/ MPP22-0042/ H-2022-0088
of the site and construct the roadway as a 36-foot wide collector street section with vertical curb
and gutter within 40-feet of right-of-way and an 8-foot wide planter strip and 5-foot wide detached
concrete sidewalk within a 13-foot wide permanent right-of-way easement, as proposed.
4. Dedicate right-of-way (50'x50') to accommodate the future extensions of Atomic Street and Chair
Lift Street that are stub streets connecting into Zimmerman Lane. (As Zimmerman Lane is not a
part of the plat, this dedication will be done by warranty deed.)
5. Extend Ski Hill Street into the site to connect to San Marco Way, a proposed collector street, as a
29-foot local street section with curb, gutter and 5-foot wide concrete sidewalk consistent with the
improvements constructed on Ski Hill Street west of the site.
6. Extend Feather Reed Avenue into the site to connect to San Marco Way, a proposed collector
street, and Atomic Street located on the west side of Zimmerman Lane, to connect to Zimmerman
Lane, a required local street, as 33-foot street sections with curb, gutter and 5-foot wide concrete
sidewalk consistent with the improvements approved as part of Alamar Subdivision.
7. If Feather Reed Avenue located at the site's south property line and Atomic Street located on the
west side of Zimmerman Lane have not been constructed as stub streets as part of the Alamar
subdivision located south and west of the site, then extend the right-of-way to the property lines to
allow for the extension of the stub streets to San Marco Way, a proposed collector, and Zimmerman
Lane, a required local street.
8. Construct the entrance portion of Zimmerman Avenue (north of San Marco Way) with two 21-foot
wide travel lanes, a 10-foot wide center landscape island, vertical curb and gutter within 56-feet of
right-of-way and an 8-foot wide planter strip and 5-foot wide detached concrete sidewalk within a
13-foot wide permanent right-of-way easement, as proposed.
9. Plat the center landscape island as right-of-way owned by ACHD. The applicant or the future
owner's association may enter into a license agreement with ACHD for landscaping within the
island.
10. Construct the internal local streets as 27-foot wide street sections with curb and gutter within 31-
feet of right-of-way and an 8-foot wide planter strip and 5-foot wide detached concrete sidewalk
within a 13-foot wide permanent right-of-way easement, as proposed.
11. Coordinate a signage program with Development Review staff for the installation of"NO PARKING"
signs on one side of the 27-foot wide local street sections.
12. Construct Wolfsburg Avenue to intersect the north side of San Marco Way located 114-feet east of
the west property line, as proposed.
13. Construct Zimmerman Avenue to intersect San Marco Way and to align centerline to centerline with
Zimmerman Lane on the south side of San Marco Way creating a standard intersection.
14. If this project moves forward prior to the construction of the Aviator Street stub street (west property
line), then install a sign at the terminus of San Marco Way stating that, "`THIS IS A DESIGNATED
COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE
FUTURE."
15. Construct one 24-foot wide curb return type driveway onto San Marco Way located at the site's east
property line.
16. Construct one 30-foot wide driveway onto Zimmerman Avenue, located 180-feet north of San Marco
Way. Dedicate right-of-way to 2-feet behind the back of the curb of Zimmerman Avenue and not
extend into the driveway.
17. Construct a 20-foot wide shared driveway onto Wolfsburg Avenue and in alignment with Seaburg
Street, as proposed.
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18. 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.
19. Payment of impact fees is due prior to issuance of a building permit.
20. 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.
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
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Newkirk/ MPP22-0042/ H-2022-0088
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. TIS Summary
4. Utility Coordinating Council
5. Development Process Checklist
6. Appeal Guidelines
VICINITY MAP
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SITE PLAN
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21
Newkirk/ MPP22-0042/ H-2022-0088
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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Newkirk/ MPP22-0042/ H-2022-0088
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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