ACHD Staff Report - Sugarman Sub - CCDevelopment Services Department
ACHD
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Project/File: Sugarman/MAZ-14-007/MSHP-14-001
This is a annexation with a rezone from RUT to C -C and a preliminary plat
application for a 4 -lot commercial subdivision on 3.99 -acres. The site is located at
1450 W Ustick Road in Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 1450 W Ustick Road
Staff Approval: July 9, 2014
Applicant:
George Sugarman
Zoning
1049 Columbia Circle
Rural Urban Transition Ada Count
EI Dorado Hills, CA 95762
Representative:
LEI -Engineers
RUT
Laren Bailey
Rural Urban Transition Ada Count
3023 E Copper Point Drive
West
Meridian, ID 83642
Staff Contact:
Stacey Yarrington
Phone: 387-6171
E-mail: syarrington(aDachdidaho.org
A. Findings
of Fact
1. Description of Application: The applicant is requesting approval of an annexation with rezone
from RUT (Rural Urban Transition) to C -C (Community Business District) and a preliminary plat
for a 4 -lot commercial subdivision on 3.99 -acres. The application is consistent with the City of
Meridian's Comprehensive Plan. The site is located on the northeast corner of Ustick and
Linder Roads at 1450 W Ustick Road, Meridian, Idaho.
2. Description of Adjacent Surrounding Area:
Direction
Land Use
Zoning
North
Rural Urban Transition Ada Count
RUT
South
Rural Urban Transition (Ada Count)
RUT
East
Rural Urban Transition Ada Count
RUT
West
Community Business District (Meridian)
C -C
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Transit: Transit services are not available to serve this site.
5. New Center Lane Miles: The proposed development includes 0.00 centerline miles of new
public road.
1 Sugarman/MAZ-14-007/MSHP-14-001
6. 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.
7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
There are currently no roadways, bridges or intersections in the general vicinity of the project that
are currently in the Five Year Work Program or the District's Capital Improvement Plan (CIP).
• Ustick Road is scheduled in the Five Year Work Plan to be widened to 5 -lanes from Linder
Road to Meridian Road in 2014.
• Ustick Road is scheduled in the Five Year Work Plan to be widened to 5 -lanes from Meridian
Road to Locust Grove Road in 2014.
• The intersection of Ustick Road and Meridian Road is scheduled in the Five Year Work Plan to
be widened to 5 -lanes on the north leg, 6 -lanes on the south, 7 -lanes east, and 7 -lanes on the
west leg, and reconstructed/signalized in 2014.
• The intersection of Ustick Road and Locust Grove Road is scheduled in the Five Year Work
Plan to be widened to 5 -lanes on the north leg, 7 -lanes on the south, 7 -lanes east, and 7 -lanes
on the west leg, and reconstructed/signalized in 2014.
• Ustick Road is listed in the Capital Improvements Plan to be widened to 5 -lanes from Ten Mile
Road to Linder Road between 2017 and 2021.
• Linder Road is listed in the Capital Improvements Plan to be widened to 5 -lanes from Ustick
Road to McMillan Road between 2022 and 2026.
• Linder Road is listed in the Capital Improvements Plan to be widened to 5 -lanes from Cherry
Lane to Ustick Road between 2022 and 2026.
• The intersection of Cherry Lane and Linder Road is listed in the Capital Improvements Plan to
be widened to 7 -lanes on the north leg, 7 -lanes on the south, 7 -lanes east, and 7 -lanes on the
west leg, and signalized between 2017 and 2021.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 4,016 additional vehicle trips per
day (0 existing); 317 additional vehicle trips per hour in the PM peak hour (0 existing) as shown in
the concept plan, based on the Institute of Transportation Engineers Trip Generation Manual, 91h
edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
Functional PM Peak PM Peak Existing
Roadway Frontage Classification Hour Hour Level Plus
Traffic Count of Service Project
Principal Better than Better than
Ustick Road 612 -feet Arterial 661 "E" "E"
Linder Road 263 -feet Minor Arterial 700 Better than Better than
"D„ "D„
• Acceptable level of service for a five -lane principal arterial is "E" (1,770 VPH).
• Acceptable level of service for a five -lane minor arterial is "D" (1,540 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
2 Sugarman/MAZ- 1 4-007/MSH P-1 4-001
• The average daily traffic count for Ustick Road west of Meridian Road was 13,101 on
8/1/2012.
• The average daily traffic count for Linder Road north of Ustick Road was 12,755 on
3/21/2013.
C. Findings for Consideration
1. Ustick Road
a. Existing Conditions: The Ustick/Linder Road intersection was improved with 4 -travel lanes,
a dedicated right -turn lane, dedicated left -turn lane, bike lanes, and curb, gutter and 7 -foot
wide sidewalk abutting the site. There is 102 -feet tapering to 90 -feet of right-of-way for Ustick
Road (55 to 45 -feet from centerline).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right -of -Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5 -lane street section shall be 72 -feet (back -of -curb to back -of -curb) within
96 -feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left -turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalks 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 Arterial Road is designated in the
MSM as a Residential Arterial with 5 -lanes and on -street bike lanes, a 71 -foot street section
within 97 -feet of right-of-way.
3 Sugarman/MAZ- 1 4-007/MSH P-1 4-001
c. Applicant Proposal: The applicant is not proposing any improvements to Ustick Road
abutting the site.
d. Staff Comments/Recommendations: The intersection of Ustick and Linder Roads was
improved in 2009 with 4 -travel lanes, a dedicated right -turn lane, dedicated left -turn lane, bike
lanes, and curb, gutter and 7 -foot wide attached sidewalk; staff does not recommend any
additional street improvements or right-of-way dedication as part of this application.
The applicant should be required to replace any broken or deteriorated curb, gutter, and
sidewalk abutting the site, consistent with the District's Minor Improvement policy.
2. Linder Road
a. Existing Conditions: The Linder/Ustick Road intersection was improved with 4 -travel lanes,
a dedicated right -turn lane, dedicated left -turn lane, bike lanes, and curb, gutter and 7 -foot
wide sidewalk abutting the site. There is 102 -feet tapering to 97 -feet of right-of-way for Ustick
Road (45 -feet from centerline).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right -of -Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5 -lane street section shall be 72 -feet (back -of -curb to back -of -curb) within
96 -feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left -turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalks 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 Linder Road is designated in the
4 Sugarman/MAZ-14-007/MSHP-14-001
MSM as a Residential Arterial with 5 -lanes and on -street bike lanes, a 71 -foot street section
within 97 -feet of right-of-way.
c. Applicant Proposal: The applicant is not proposing any improvements to Linder Road
abutting the site.
d. Staff Comments/Recommendations: The intersection of Linder Road and Ustick Road was
improved in 2009 with 4 -travel lanes, a dedicated right -turn lane, dedicated left -turn lane, bike
lanes, and curb, gutter and 7 -foot wide attached sidewalk; staff does not recommend any
additional street improvements or right-of-way dedication as part of this application.
The applicant should be required to replace any broken or deteriorated curb, gutter, and
sidewalk abutting the site, consistent with the District's Minor Improvement policy.
3. Driveways
3.1 Ustick Road
a. Existing Conditions: There is an existing 40 -foot wide driveway located approximately 472 -
feet east of Linder Road and 560 -feet west of 12'h Drive (measured centerline to centerline)
onto Ustick Road.
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 1b, requires driveways located on
principal arterial roadways with a speed limit of 40 MPH to align or offset a minimum of 400 -
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.
S uga rm a n/MAZ-14-007/MSH P-14-001
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 not proposing any change to the existing driveway
onto Ustick Road from the site.
d. Staff Comments/Recommendations: The applicant's proposal for a driveway on Ustick
Road does not meet District Access Management policy because the driveway is proposed as
a full access driveway and should not be approved as proposed.
However, staff recommends a modification of policy to allow the driveway to be located as
proposed, but restricted to right-in/right-out with the installation of 'candle' barriers. Staff's
recommendation is due to the fact that there is not enough frontage to meet District policy and
the driveway is needed to provide circulation in and out of the site.
The candles would extend approximately 75 -feet on each side of the driveway. There is an
existing residential driveway located approximately 190 -feet east of the proposed driveway;
therefore, in order not to restrict the existing residential driveway, the applicant should
coordinate the location and installation of the candles with District Development Review and
Traffic Services staff. The candles will be replaced with a 6 -inch concrete median in the future
when either the property to the south develops, ACHD restricts the driveway for safety
considerations, or with the widening of Ustick Road. The developer should be required to
provide a road trust deposit in the amount of $8,500 for the future construction of the median
prior to final plat.
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.
Staff recommends that cross access easements be required throughout the subdivision
3.2 Linder Road
a. Existing Conditions: There is an existing 36 -foot wide driveway onto Linder Road located
approximately 298 -feet north of Ustick Road and 100 -feet south of an existing driveway.
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 7205.4.6 states that direct access to minor 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 1 a under District policy 7205.4.6, unless a waiver for the access point has been
approved by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor
arterial roadways from a signalized intersection with a single left turn lane shall be located a
minimum of 330 -feet from the nearest intersection for a right-in/right-out only driveway and a
minimum of 660 -feet from the intersection for a full -movement driveway.
District policy 7205.4.5 requires driveways located on minor arterial roadways from a
signalized intersection with a dual left turn lane shall be located a minimum of 330 -feet from
the nearest intersection for a right-in/right-out only driveway and a minimum of 710 -feet from
the intersection for a full -movement driveway.
6 Sugarman/MAZ- 1 4-007/MSH P-1 4-001
Successive Driveways: District policy 7205.4.6 Table 1a, requires driveways located on
minor arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 330 -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.
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 retain the existing 36 -foot wide driveway
onto Linder Road, located approximately 298 -feet north of Ustick Road.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District
Access Management, Successive Driveway, and Driveway Location policy because it does
not meet the minimum distance between driveways.
However, staff recommends a modification of policy to allow the driveway to be located as
proposed, and as required by the City of Meridian, to be restricted to right-in/right-out with the
installation of a raised 6 -inch median. The median should be located from Ustick Road north
approximately 305 -feet, terminating 75 -feet beyond the proposed driveway. Staff's
recommendation is due to the fact that there is not enough frontage to meet District policy and
the driveway is needed to provide circulation in and out of the site. The applicant should
coordinate the exact location and installation of the median with District Development Review
staff.
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.
Staff recommends that cross access easements be required throughout the subdivision .
4. 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.
5. 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.
Sugarman/MAZ- 1 4-007/MSH P-14-001
6. Other Access
Linder Road and Ustick Road are classified as minor and principal arterials 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. Replace any deteriorated or deficient sidewalk, curb, gutter or pedestrian facilities along Ustick
Road abutting the site, consistent with ACHD's Minor Improvement Policy 7203.3.
2. Replace any deteriorated or deficient sidewalk, curb, gutter or pedestrian facilities along Linder
Road abutting the site, consistent with ACHD's Minor Improvement Policy 7203.3.
3. Install candle barriers to restrict the existing driveway to right-in/right-out only access onto Ustick
Road, approximately 75 -feet on each side of the driveway. Coordinate the location and
installation of the candles with District Development Review and Traffic Services staff.
4. Provide a road trust deposit in the amount of $8,500 for the future construction of the median on
Ustick Road prior to final plat, as the candles will be replaced with a 6 -inch concrete median in the
future when either the property to the south develops, ACHD restricts the driveway for safety
considerations, or with the widening of Ustick Road.
5. Construct a raised 6" median to restrict the existing driveway onto Linder Road to right-in/right-
out.
6. Cross access among all of the lots shall be noted on the final plat.
7. Other than the access approved with this application, direct lot access to Linder Road and Ustick
Road is prohibited and shall be noted on the final plat.
8. Pave the driveways their full width and at least 30 -feet into the site beyond the edge of pavement.
9. Payment of impacts fees are due prior to issuance of a building permit.
10. 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.
8 Sugarman/MAZ- 1 4-007/MSH P-1 4-001
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
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
S. Request for Reconsideration Guidelines
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11 Sugarman/MAZ-14-007/MSHP-14-001
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.
Notir►cation to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for e-mail notification information.
12 Sugarman/MAZ-14-007/MSHP-14-001
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.
El 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.
13 Sugarman/MAZ-14-007/MSHP-14-001
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant
of the final decision made by the ROWDS Manager when it is alleged that the ROWDS
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 of Highway Systems, 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 ROWDS 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 ROWDS 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.
14 Sugarman/MAZ-14-007/MSHP-14-001
Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 3:00 p.m. on the day prior to the Commission's next scheduled regular
meeting following the meeting at which the action to be reconsidered was taken. Upon
receipt of the request, the Secretary shall cause the same to be placed on the agenda
for that next scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting
forth new facts and information not presented at the earlier meeting, or a changed
situation that has developed since the taking of the earlier vote, or information
establishing an error of fact or law in the earlier action. The request may also be
supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACHD staff for further review. The Commission may set the date of the meeting at
which the matter is to be returned. The Commission shall only take action on the
original matter at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may
take any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to
cover administrative costs, as established by the Commission.
15 Sugarman/MAZ-14-007/MSHP-14-001