CUP15-00004 - Andy Erstad/Erstad Architects - Boise PDS ...
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6 CUP15-00004 – Andy Erstad/Erstad Architects Summary Conditional use permit for a 3,115 square foot restaurant with drive-up window on a 0.86 acre parcel located at 8687 W. Overland Road in a C-1D/DA (Neighborhood Commercial with Design Review and a Development Agreement) zone. Prepared By Leon Letson, Associate Planner Recommendation Planning Team recommends conditional approval of CUP15-00004. Reason for the Decision This 3,115 square foot restaurant with drive-up window is compatible with the neighborhood as the site is located within a commercial corridor along W. Overland Road and surrounded by comparable uses, including restaurants with drive-up windows located to the east and west, a strip retail development to the north, and vacant land intended for office development to the south. The site is large enough to accommodate the requested use. The proposed parking and drive-through for this development are located to the rear and side of the building, which complies with the Boise Citywide Design Standards and Guidelines. Comments from ACHD indicate the surrounding traffic system has the capacity to support the additional vehicle trips generated from this development. The proposed use is in compliance with and supports the goals, objectives, and principles of the Comprehensive Plan. The “Commercial” land use designation and Policy SW-CCN 1.2 promotes the concentration of retail and commercial services. Principles GDP-C/E.6(a) and (b) support locating parking to the side or rear of buildings and away from primary street frontages and using landscaping or other treatments to screen surface parking from the street and enhance the overall character of the development.
6
CUP15-00004
S Vinnell Way
1" : 300'
A-1
S Chase St
L-OD
C-3D/DA
+
gle Dr
W Blackea
R-1C C-4D C-3D
C-2D
S Allante Pl
S Bird St
C-4D/DA R-1A
L-OD
C-1D/DA
R-3D
W Overland Rd
S Hadley Ave
Penninger Lateral
C-2D
S Bird Ave
R-1A N-OD
S Vinnell St
L-OD C-1D/DA
A-1 C-1D/DA
L-OD C-1D/DA
L-OD
W Ardene St
R-1A L-OD/DA
S Maple Grove Rd
M-1D/DA
W Vincent St
W Cannel Island St R-1C
A-1 R-1A
S Vinnell St
S Milwaukee St
A-1
R-1C R-1C W Mediterranean Ct
R-1B/DA
Farmers Lateral6
CUP15-00004
S Vinnell Way
1" : 300' A-1
S Chase St
L-OD
C-3D/DA
+
gle Dr
W Blackea
R-1C C-4D C-3D
C-2D
S Allante Pl
S Bird St
C-4D/DA R-1A
L-OD
C-1D/DA
R-3D
W Overland Rd
S Hadley Ave
Penninger Lateral
C-2D
S Bird Ave
R-1A N-OD
S Vinnell St
L-OD C-1D/DA
A-1 C-1D/DA
L-OD C-1D/DA
L-OD
W Ardene St
R-1A L-OD/DA
S Maple Grove Rd
M-1D/DA
W Vincent St
W Cannel Island St R-1C
A-1 R-1A
S Vinnell St
S Milwaukee St
A-1
R-1C R-1C W Mediterranean Ct
R-1B/DA
Farmers Lateral6
6
6
6
01/27/15 | CUP15-00004
6
420 main street, suite 202 boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • email:info@erstadarchitects.com
January 27, 2015
Boise City Planning & Development Services
Boise City Hall
P.O. Box 500
Boise, Idaho 83701-0500
Re: Conditional Use Permit Application for a Del Taco Restaurant
Dear Planning Staff;
erstad ARCHITECTS is pleased to submit to Boise City a Conditional Use Permit Application for a
Del Taco Restaurant. The 3,115 gross square foot restaurant is located on south side of
Overland Road between Maple Grove Road and Entertainment Avenue, and will include a drive
thru service window.
The surrounding sites are a Sonic Restaurant to the west; a Dutch Brothers Coffee kiosk with
two drive up service windows immediately to the east; an under construction Jimmy Johns
restaurant immediately to the west; vacant land to the south; and commercial and office spaces
across the street to the north including a MacLife store, and Heavens Essence Floral and Gifts.
The restaurant with drive up service window is appropriate in use, size and aesthetic for the
surrounding area.
We look forward to working with the City as this development moves through the approval
process.
Sincerely,
erstad ARCHITECTS
Andrew C. Erstad, AIA
Principal01/27/15 | CUP15-00004
6
Bird's eye view - Facing south west into site Street view - Facing west down Overland rd. Street view - Facing north west from project site Site context - zoomed out
Bird's eye view - Facing south east into site Street view - Facing south west into site Street view - Facing north east from project site
Bird's eye view - Facing north west into site Street view - Facing south east into site Street view - Facing south into site Site context - zoomed in
Del Taco Signage
Stucco - Humbled
Gold
Metal Trim and
Flashing - Java
Stucco - Chinese Red
Aluminum Windows
and Doors
Mesa Ledge Stack - Golden Dawn
Bird's eye view - Facing north east into site Street view - Facing north towards site from Ardene st. Del Taco Material Palatte01/27/15 | CUP15-00004
601/27/15 | CUP15-00004
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601/27/15 | CUP15-00004
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66
Planning Division Staff Report
File Number CUP15-00004
Applicant Andy Erstand/Erstad Architects
Property Address 8687 W. Overland Road
Public Hearing Date March 2, 2015
Heard by Planning and Zoning Commission
Analyst Leon Letson
Checked By Cody Riddle
Public Notification
Neighborhood meeting conducted January 22, 2015
Newspaper notification published on February 14, 2015
Radius notices mailed to properties within 300 feet on February 13, 2015
Staff posted notice on site on February 13, 2015
Table of Contents
1. Project Data and Facts 2
2. Land Use 2
3. Project Proposal 3
4. Zoning Ordinance 3
5. Comprehensive Plan 4
6. Transportation Data 4
7. Analysis/Findings 4
8.Recommended Conditions of Approval 8
Exhibits
Agency Comments
Public Comments6
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 2 of 10
1. Project Data and Facts
Project Data
Applicant / Status Craig Allen / Owner
Representative / Status Andy Erstad / Architect
Location of Property 8687 W. Overland Road
Size of Property ±0.86 acres
Zoning C-1D/DA (Neighborhood Commercial with Design Review
and a Development Agreement)
Comprehensive Plan Designation Commercial
Planning Area Southwest
Neighborhood Association / Contact SWAC / Betty Bermensolo @ 375-4249
Procedure Planning and Zoning Commission decision that can be
appealed to the City Council.
Current Land Use
The property is vacant.
Description of Applicant’s Request
Conditional Use Permit for a 3,115 square foot restaurant with drive-up window.
2. Land Use
Description and Character of Surrounding Area
The subject property is located within a commercial corridor on the south side of W. Overland Road,
between S. Hadley Avenue and S. Bird Avenue.
Adjacent Land Uses and Zoning
North: Retail / C-2D (General Commercial with Design Review)
South: Vacant / C-1D/DA (Neighborhood Commercial with Design Review and a Development
Agreement)
East: Drive-Through Coffee Shop / C-1D/DA (Neighborhood Commercial with Design Review
and a Development Agreement)
West: Restaurant with Drive-Through / C-1D/DA (Neighborhood Commercial with Design
Review and a Development Agreement)
Site Characteristics
The site fronts on W. Overland Road and maintains a cross-access agreement with other sites in the
development.
Special Considerations
None6
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 3 of 10
History of Previous Actions
CUP06-00082 Conditional Use Permit for 126-Room Hotel (Denied)
DRH06-00396 Design Review for 126-Room Hotel (Expired)
3. Project Proposal
Parking
Proposed Required
Accessible spaces proposed: 1 Accessible spaces required: 1
Total parking spaces proposed: 18 Total parking spaces required: 18
Number of compact spaces proposed: 0 Number of compact spaces allowed: 7
Bicycle parking spaces proposed: 2 Bicycle parking spaces required: 2
Parking Reduction requested? No Off-site Parking requested? No
Setbacks
Yard Required Proposed for Building Proposed for Parking
10’ (bldg.)
Front (Overland Road) 40’ 56’
10’ (prkg.)
0’ (bldg.)
Side (east) 21’ 68’
5’ (prkg.)
0’ (bldg.)
Side (west) 142’ 5’6”’
5’ (prkg.)
0’ (bldg.)
Rear (south) 32’ 28’
5’ (prkg.)
* The proposed drive-through lane is setback a minimum of 10’ from the side and rear property lines.
Structure(s) Design
Number and Proposed Use of Buildings
One 3,115 square foot restaurant with drive-up window.
Building Height
25’
Number of Stories
One
4. Zoning Ordinance
Section Description
11-04-05 Commercial Districts
11-03-0.06 Specific Procedures: Conditional Use Permit
11-06-05.03 Commercial Use Standards: Retail Uses
11-07-03 Off-Street Parking and Loading Standards6
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 4 of 10
5. Comprehensive Plan
CHAPTER GOALS, OBJECTIVES & POLICIES
CHAPTER 3: COMMUNITY STRUCTURE AND DESIGN GDP-C/E.6(a) and (b)
CHAPTER 4: PLANNING AREA POLICIES SW-CCN 1.2
• General Design Principles for Commercial/Employment Areas (GPD-C/E)
• Southwest Policies – Centers Corridors, and Neighborhoods (SW-CCN)
6. Transportation Data
PM
Peak
Functional Level of Speed
Roadway Frontage Traffic Count (VTPD) Hour
Classification Service Limit
Traffic
Count
34,305 east of Maple
Overland Principal 40
205’ Grove Road on October 1,906 “F”
Road Arterial MPH
2014
This development is estimated to generate 1,545 additional vehicle trips per day, with 101 in the PM peak
hour. Although the acceptable level of service for a five-lane principal arterial is “E” (1,770 VPH),
Overland Road is intended to be widened to 7-lanes from Maple Grove Road to Cole Road between 2027
and 2031. The intersection of Overland Road and Maple Grove Road is intended to be widened to six
lanes north, six lanes south, eight lanes east, and seven lanes west, between 2017 and 2021. The
acceptable level of service for a seven-lane principal arterial is “E” (2,660 VPH).
7. Analysis/Findings Figure 1
The applicant requests approval of a
conditional use permit for a 3,115
square foot restaurant with drive-up
window. (Figure 1). The 0.86 acre
site is located within a commercial
corridor on the south side of W.
Overland Road, between S. Hadley
Avenue and S. Bird Avenue. The site
fronts on W. Overland Road and
maintains a cross-access agreement
with other sites in the development.
The proposed parking and drive-
through for this development are
located to the rear and side of the
building, which complies with the
Boise Citywide Design Standards and
Guidelines.6
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 5 of 10
There are restaurants with drive-up windows located to the east and west, a strip retail development to the
north, and vacant land intended for office development to the south (Figure 2).
Figure 2
Strip Retail
Vacant
The Planning Team received comments from the Southwest Ada County Alliance Neighborhood
Association. Although they did not oppose the project, they requested a number of design-related changes
be made to the project. These include: constructing the proposed walkway from the sidewalk on Overland
Road to the restaurant of colored stamped concrete instead of painted stripes to create a safer, more
pedestrian friendly corridor; careful consideration of lighting and noise levels to protect the adjacent
neighborhood from late night drive-through activity; and installing ample landscaping (i.e. 2”-3” caliper
trees) along Overland Road to soften the intensity of the drive-through and create a more welcoming
development. The Planning Team has included recommended site-specific conditions that address these
concerns. The Neighborhood Association also requested that the vacant parcels fronting on Arden Street
to the south not be permitted to be developed as drive-throughs. This request is outside of the scope of
this application and would more appropriately be handled on either a case-by-case basis as these
properties develop, or through a modification to the existing Development Agreement, which currently
does not restrict drive-through development.
FINDINGS
Section 11-03-04.06 (C7)
The Hearing Examiner or the PZC shall review pursuant to Section 11-03-03.4 and according to the
following criteria:
i. The location is compatible to other uses in the general neighborhood.
Located within a commercial corridor along Overland Road, this proposed development is
surrounded by comparable commercial uses, including restaurants with drive-up windows
located to the east and west, a strip retail development to the north, and vacant land intended6
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 6 of 10
for office development to the south. The nearest residences are approximately 250 linear feet
to the southeast. The separation provided by S. Bird Avenue, landscaping, and future
development of the vacant parcels to the south should mitigate any impacts from this
development. As a result, the Planning Team is not recommending any restrictions on hours
of operation.
ii. The proposed use will not place an undue burden on transportation and other public
facilities in the vicinity.
Correspondence received from commenting agencies indicates the proposed use will not
place an undue burden on transportation or other public services in the vicinity. In a staff
report dated February 11, 2015, The Ada County Highway District (ACHD) stated the
proposed use will generate an additional 1,545 vehicle trips daily, with 101 in the PM peak
hour. They have also confirmed the surrounding traffic system has the capacity to support the
additional vehicle trips generated from this development. Although the acceptable level of
service for a five-lane principal arterial is “E” (1,770 VPH), Overland Road is intended to be
widened to 7-lanes from Maple Grove Road to Cole Road between 2027 and 2031. The
intersection of Overland Road and Maple Grove Road is intended to be widened to six lanes
north, six lanes south, eight lanes east, and seven lanes west, between 2017 and 2021. The
acceptable level of service for a seven-lane principal arterial is “E” (2,660 VPH). ACHD is
requiring the applicant to dedicate 62-feet of right-of-way from the centerline of Overland
Road abutting the site. Other agencies, including the Boise Fire Department and Boise City
Public Works, have responded to this application with standard conditions of approval.
iii. The site is large enough to accommodate the proposed use and all yards, open spaces,
pathways, walls, fences, parking, loading, landscaping, and such other features as are
required by this Code.
The site is large enough to accommodate the proposed use and all yards, open spaces,
pathways, walls and fences, parking, loading, landscaping and such other features as required.
The applicant has worked closely with Design Review to bring the project into conformance
with the requirements of the Boise Citywide Design Standards and Guidelines.
iv. The proposed use, if it complies with all conditions imposed, will not adversely affect other
property of the vicinity.
The proposed use will not adversely impact other properties of the vicinity. The residences
located more than 250 linear feet to the southeast will be buffered by S. Bird Avenue,
landscaping, and future development of the vacant parcels to the south. Traffic patterns
within the site will not be altered in a way that will create congestion on the public right-of-
way. Cars will not be forced into surrounding neighborhoods or to on-street stalls to park.
Noise generated from this use is not a concern, due to more-than-adequate separation and
buffering. The Planning Team is not recommending any restrictions on hours of operation.
v. The proposed use is in compliance with the Comprehensive Plan.
The proposed use is in compliance with and supports the goals, objectives, and principles of
the Comprehensive Plan. The “Commercial” land use designation and Policy SW-CCN 1.26
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 7 of 10
promotes the concentration of retail and commercial services. Principles GDP-C/E.6(a) and
(b) support locating parking to the side or rear of buildings and away from primary street
frontages and using landscaping or other treatments to screen surface parking from the street
and enhance the overall character of the development.
Section 11-06-05.03(A2a) Drive-Up Establishment
No drive-up window establishment shall be permitted unless the Planning and Zoning Commission finds
that the design and operation of the establishment is substantially in compliance with the following
requirements and conditions, which shall be in addition to those required in Section 11-03-04.06 (C7a).
i. The location shall not cause an increase of commercial traffic in nearby residential
neighborhoods, or cause significant adverse impacts in the vicinity.
This project should not cause an increase of commercial traffic in the nearby residential
neighborhood or cause significant adverse impacts in the vicinity. The proposed site for this
project is located within a commercial corridor along Overland Road and maintains a cross-
access agreement with other sites in the development.
ii. Drive-up aisles should be located behind the building and circulation should provide for
pedestrian access to and from the establishment’s entrance.
The drive-through lane is located along the rear (south) and side (east) of the building.
Pedestrian entrances will be located on the west and north sides of the building, providing a
means for customers to travel to the entrances from Overland Road and the parking lot
without crossing drive aisles.
iii. Waiting lane(s) are of sufficient length to accommodate average monthly peak volumes.
The waiting lane provides enough length for eight vehicles, which should insure cars do not
back up into the surrounding parking lot, or cause congestion issues at the site entrance.
iv. Lights are designed and located to prevent glare on adjoining properties. Screening of
lights may be required as a secondary measure of mitigation.
Illumination from the outdoor lights will be focused within the parking lot areas and will not
impact adjoining properties. A recommended condition of approval prohibits glare or direct
light from falling on adjoining properties or streets.
v. Landscaping should screen drive-up aisles from the public right-of-way and minimize the
visual impact of vehicular lights, readerboard signs and directional signs.
The drive-through lane will be screened from the public right-of-way by the restaurant
building, as well as a landscape buffer and service drive.6
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 8 of 10
vi. Drive-up lanes shall be setback at least ten feet from residentially zoned or used property.
Landscape and sound abatement walls may be required when appropriate.
The drive-through lane is setback 250 linear feet from the residences to the southeast. The
separation provided by S. Bird Avenue, landscaping, and future development of the vacant
parcels to the south should mitigate any impacts from this development.
vii. Communication systems shall not exceed 55 decibels at any property line adjoining or
across the alley from residential zones or uses.
The ordering menus will be located more than 250 linear feet away from the nearest
residential use. The communication system will not exceed 55 decibels at these residential
properties.
viii. In accordance with Section 11-06-05.03 (A2b) (Hours of Operation), the Planning and
Zoning Commission may limit the hours of operation of a drive-up establishment.
Based on the separation provided, as well as screening from other buildings, landscaping, and
S. Bird Avenue, the Planning Team is not recommending any restrictions to the hours of
operation.
ix. In accordance with Section 11-06-05.03 (A2c) (Additional Requirements in the C-1
District), in C-1 districts a 200' setback from residential use or zone is required for the
drive-through window or lane where the primary use of the window is food service. The
200' setback shall be measured from any part of the window or drive-through lane to the
nearest lot or parcel used or zoned residentially;
The drive-through lane and ordering window are located more than 250 linear feet from the
nearest residence to the southwest.
x. In accordance with Section 11-06-05.03 (A2d) (Additional Requirements in the C-5
District) Drive-up windows in the C-5 district shall be subject to the following standards
and provisions.
The drive-through is not located within the C-5 zoning district.
8. Recommended Conditions of Approval
Site Specific
1. Compliance with plans and specifications submitted to and on file in the Planning and Development
Services Department dated received January 27, 2015, and revised landscape plan and elevations
dated received February 12, 2015, and revised site plan received February 13, 2015, except as
expressly modified by Design Review or the following conditions:
2. Planning
a. The communication system shall not exceed 55 decibels at the adjacent residential properties.
b. Illumination from outdoor lights will be focused within the parking lot areas; no glare or direct6
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 9 of 10
light will be permitted to fall on adjoining properties or streets.
c. The applicant shall work with Design Review to address the design changes proposed by the
Southwest Ada County Alliance Neighborhood Association, including: constructing the proposed
walkway from the sidewalk on Overland Road to the restaurant of colored stamped concrete; and
installing ample landscaping (i.e. 2”-3” caliper trees) along Overland Road.
3. Compliance with the requirements of the Boise City Public Works Department (BCPW) for Solid
Waste per the memo dated January 30, 2015.
4. Compliance with the requirements of the BCPW for Drainage and Stormwater per the memo dated
January 29, 2015.
5. Compliance with the requirements of the BCPW for Pretreatment per the memo dated January 29,
2015.
6. Compliance with the requirements of the Ada County Highway District (ACHD) per the memo dated
February 11, 2015.
7. Compliance with the requirements of Boise Project Board of Control per the memo dated February
5, 2015.
8. Compliance with the requirements of the Boise Fire Department.
Standard Conditions of Approval
9. Building Permit approval is contingent upon the determination that the site is in conformance with the
Boise City Subdivision Ordinance. Contact the Planning and Development Services Subdivision
Section at 384-3998 regarding questions pertaining to this condition.
10. All landscaping areas shall be provided with an underground irrigation system. Landscaping shall be
maintained according to current accepted industry standards to promote good plant health, and any
dead or diseased plants shall be replaced. All landscape areas with shrubs shall have approved mulch
such as bark or soil aid.
11. Vision Triangles as defined under Section 11-012-03 of the Boise City Code shall remain clear of
sight obstructions.
12. All signs will require approval from the Planning and Development Services Department prior to
installation.
13. Trash receptacles and on-grade and rooftop mechanical fixtures and equipment shall be concealed
from public view by use of an approved sight-obscuring method. All screening materials shall be
compatible with the building materials/design.
14. Utility services shall be installed underground.
15. An Occupancy Permit will not be issued by the Planning and Development Services Department until6
CUP15-00004
Boise City Planning and Zoning Commission / March 2, 2015
Page 10 of 10
all of these conditions have been met. In the event a condition(s) cannot be met by the desired date of
occupancy, the Planning Director will determine whether the condition(s) is bondable or should be
completed, and if determined to be bondable, a bond or other surety acceptable to Boise City will be
required in the amount of 110% of the value of the condition(s) that is incomplete.
16. No change in the terms and conditions of this approval shall be valid unless in writing and signed by
the applicant or his authorized representative and an authorized representative of Boise City. The
burden shall be upon the applicant to obtain the written confirmation of any change and not upon
Boise City.
17. Any change by the applicant in the planned use of the property, which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant, or successors of interest,
advise Boise City of intent to change the planned use of the property described herein, unless a
variance in said requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
18. Failure to abide by any condition of this conditional use permit shall be grounds for revocation by the
Boise City Planning and Zoning Commission.
19. This conditional use permit shall be valid for a period not to exceed twenty-four (24) months from the
date of approval by the Planning and Zoning Commission. Within this period, the holder of the
permit must acquire construction permits and commence placement of permanent footings and
structures on or in the ground. The definition of structures in this context shall include sewer lines,
water lines, or building foundations; or
20. Prior to the expiration of this conditional use, the Commission may, upon written request by the
holder, grant a one-year time extension. A maximum of three (3) extensions may be granted.
21. All development authorized by this conditional use approval must be completed within 5 years (60
months) from the date of the Commission’s approval or the applicant will be required to submit a new
conditional use and/or variance application.
22. To reduce the noise impact of construction on nearby residential properties, all exterior construction
activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Friday and
8:00 a.m. to 6:00 p.m. for Saturday and Sunday. Low noise impact activities such as surveying, layout
and weather protection may be performed at any time. After the building is enclosed with exterior
walls and windows, interior construction can be performed at any time.6
Jim D. Hansen, President
Sara M. Baker, Vice President
Rebecca W. Arnold, Commissioner
Kent Goldthorpe, Commissioner
Paul Woods, Commissioner
Date: February 11, 2015
To: Craig Allen
3 Bros Restaurants
1st Avenue Ste. 210
Portland, OR 97204
Subject: BOI15-0022 / CUP15-00004
8687 W. Overland Rd.
Del Taco
In response to your request for comment, the Ada County Highway District (ACHD) staff has
reviewed the submitted application and site plan for the item referenced above. It has been
determined that ACHD has one site-specific condition of approval (see below) for this
application at this time.
Policy:
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2
state that the standard 7-lane street section shall be 96-feet (back-of-curb to back-of-curb)
within 120-feet of right-of-way. This width typically accommodates three travel lanes in
each direction, a continuous raised or landscaped median with intermittent turn lanes, and
safety shoulders.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve
a corridor for future capacity improvements, as provided in Section 7300.
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 Overland Road is
designated in the MSM as a Mobility Arterial with 7-lanes and on-street bike lanes, a 96-
foot street section within 124-feet of right-of-way.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org6
Staff Comments/Recommendations: The applicant should be required to dedicate 62-
feet of right-of-way from the centerline of Overland Road abutting the site.
A traffic impact fee may be assessed by ACHD and will be due prior to issuance of a building
permit. Please contact ACHD Planning and Development Services at 387-6170 for
information regarding impact fees.
Plans must be submitted to the ACHD Development Review Department prior to final
approval.
The applicant shall also be required to meet the applicable ACHD Standard Conditions of
Approval as well as ACHD Policies and requirements that may apply as noted below.
If you have any questions, please feel free to contact me at (208) 387-6335.
Sincerely,
Austin Miller
Planner I
Development Services
CC: Project file,
City of Boise, via e-mail
Erstad Architects, via e-mail
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org6
Traffic Information
This development is estimated to generate 1,545 additional vehicle trips per day; and 101
additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation
Engineers Trip Generation Manual, 9th edition.
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
Overland Rd. 205-feet Principal Arterial 1,906 “F”
* Acceptable level of service for a five-lane principal arterial is “E” (1,770 VPH).
Average Daily Traffic Count (VDT):
Average daily traffic counts are based on ACHD’s most current traffic counts
The average daily traffic count for Overland Road east of Maple Grove Road
was 34,305 on October 30, 2014.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org6
Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way
(including all easements). Any existing irrigation facilities shall be relocated outside of
the ACHD right-of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located
within the ACHD right-of-way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required
for all landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and
all applicable ACHD Standards unless specifically waived herein. An engineer
registered in the State of Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant’s authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review
the site plan and may require additional improvements to the transportation system at
that time. Any change in the planned use of the property which is the subject of this
application, shall require the applicant to comply with ACHD Policy and Standard
Conditions of Approval in place at that time unless a waiver/variance of the
requirements or other legal relief is granted by the ACHD Commission.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org6
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 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 Development Services Manager shall have
ten (10) working days from the date of the filing of the notice of
appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also
consider and/or modify the decision that is being appealed. A
copy of the reply and any modifications to the decision being
appealed will be provided to the appellant prior to the
Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant,
the hearing of the appeal will be noticed and scheduled on the
Commission agenda at a regular meeting to be held within thirty
(30) days following the delivery to the appellant of the
Development Services Manager’s reply to the notice of appeal. A
copy of the decision being appealed, the notice of appeal and the
reply shall be delivered to the Commission at least one (1) week
prior to the hearing.
e. Action by Commission: Following the hearing, the Commission
shall either affirm or reverse, in whole or part, or otherwise
modify, amend or supplement the decision being appealed, as
such action is adequately supported by the law and evidence
presented at the hearing.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org6
6
CITY OF BOISE
6
INTER-DEPARTMENT
CORRESPONDENCE
Date:1/29/2015
To: Planning and Development Services
From: Brian Murphy, Drainage Coordinator
Public Works
Subject: CUP15-00004; Drainage/Stormwater Comments
A drainage plan must be submitted and approved by Public Works prior to
issuance of a building permit.
If you have any further questions contact Brian Murphy, 384-3752.
I:\PWA\Subjects\Review Comments\CUs\CU Drainage comment template.doc6
CITY OF BOISE
INTER-DEPARTMENT
CORRESPONDENCE
Date: 1/29/2015
To: Planning and Development Services
From: Terry Alber, Pretreatment Coordinator
Public Works
Subject: CUP15-00004; 8687 W OVERLAND RD; Pretreatment Comments
All food service operations require “suitable and adequate” grease abatement
equipment and must follow established Fat/Oil & Grease Best Management
Practices.
For more information, or if you have any questions please contact Terry Alber, 384-3992 or
email at talber@cityofboise.org.
Conditional Use Design Review Application
SAR095 (Boise)
6.4City of Boise 6 Memo To: Planning and Development Services From: Peter McCullough; Public Works Department Date: 1/30/15 Re: Solid Waste Comments- CUP15-00004, Del Taco, 8687 Overland Solid Waste staff has reviewed the application for this project and has no specific comments at this time. The link below provides information regarding trash enclosure design, location, and submittal requirements (if changes are to be made to an enclosure or a new enclosure built) http://curbit.cityofboise.org/commercial/trash-collection/new-construction-design-standards/ Please contact me with any questions at 384-3906. 1
6
Conditional Use Permit Response Form
Date: 2/2/2015
To: Planning and Development Services
From: Jacob Hassard, Project Manager for Valley Regional Transit Development Department,
208‐258‐2705
Subject: CUP15‐00004: 8687 W. Overland Rd; Transit Comments
Valley Regional Transit has no comments at this time.
1 Conditional Use Comment ResponseFrom:
To:
Subject:
Date:
Attachments:
To: Leon Letson
betty bermensolo
Leon Letson
RE: Del Taco Drive-Through
Thursday, February 19, 2015 6:42:30 AM
image001.png
image002.png
From: Betty Bermensolo - SOUTHWEST ADA COUNTY ALLIANCE
Subject: Del Taco Drive-Through
6
Date: Thursday, 19 Feb 2015
Leon,
Thank you for providing the information regarding this project>
The SWACA attended the recent neighborhood meeting presented by the applicant . We presented the following concerns and requests:
1) The vacant parcels to the South of this project be less intensive in nature , without drive through approval.
2) The sidewalk access from Overland to the restaurant be of colored stamped concrete instead of stripes to create a safer, more pedestrian friendly corridor.
3) Careful consideration be given to lighting and noise levels with the presence of late night drive through service.
4) Ample Landscaping that includes 2-3" diameter trees on the frontage along Overland Rd to soften the intensity and create a more welcoming effect.
Please send these suggestions forward to the Design Review Board on our behalf.
Thank you again for your assistance.
Betty Bermensolo
208-375-4249
From: LLetson@cityofboise.org
To: bsolo6@msn.com
Subject: Del Taco Drive-Through
Date: Tue, 17 Feb 2015 22:14:13 +0000
Hi Betty,
Below is an aerial of the development where the Del Taco has proposed to locate. It looks like there are 4 vacant parcels to the immediate south of the existing/proposed restaurant drive-throughs along Overland Road. Regarding the future development of these parcels, they are zoned C-
1D/DA and could technically have restaurant drive-through uses in the future, providing the Planning and Zoning Commission made these approvals. Properties south of Bird Ave. are zoned L-OD. These would not allow for restaurant drive-throughs. Please send me an email with the
comments we discussed and I will include them with my Project Report.
Thank you,
Leon Letson
Associate Planner, Current Planning and Subdivisions
Planning & Development Services
CITY OF BOISE
Phone # - 208/384-3816; Fax # - 208/384-3753
E-Mail - lletson@cityofboise.orgYou can also read
