2019-06-27 ACHDDevelopment Services Department
HD
601WM -'?ra _rairk
Project/File: Millbrae Subdivision / MPP19-0017 / H-2019-0066
The applicant is requesting annexation, zoning, and preliminary plat approval for
Millbrae Subdivision.
Lead Agency: City of Meridian
Site address: 4888 and 4920 W. Cherry Lane
Staff Approval: June 27, 2019
Applicant: Jane Suggs
WHP Pacific
2141 W. Airport Way Ste 104
Boise, ID 83705
Staff Contact: Jorge Zambrano
Phone: 208-387-6132
E-mail: jzambrano(a�achdidaho.org
A. Findings of Fact
14
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1. Description of Application: The applicant is requesting annexation, zoning, and preliminary plat
approval for Millbrae Subdivision. The proposed subdivision will be zoned R-8 and consist of 41
building lots and 5 common lots on 8.8 acres.
2. Descriation of Adiacent Surroundina Area:
3.
4.
Direction
Land Use
Zoning
North
Limited Office District (Church)
Medium -density Residential District (Burlingame Subdivision
L -O
R-8
South
Medium -density Residential District Church
R-8
East
Medium low-density Residential District (Milliron Place
Subdivision)
R-4
West
Rural -Urban Transition Zone
RUT
Site History: ACHD has not previously reviewed this site for a development application.
Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Burlingame Subdivision, a residential subdivision consisting of 74 buildable lots is located
west of this site and was approved by ACHD in September of 2018.
• In October 2018 a conditional use approval was granted for a church at 4973 W Cherry, this
project is currently under plan review.
5. Transit: Transit services are not available to serve this site.
1 Millbrae / MPP19-0017 / H-2019-0016
6. New Center Lane Miles: The proposed development includes 0.30 centerline miles of new public
road.
7. 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.
8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Black Cat Road is listed in the CIP to be widened to 5 -lanes from Ustick Road to Franklin
Road between 2021 and 2025.
The intersection of Black Cat Road and Cherry Lane is listed in the CIP to be widened to 5 -
lanes on the north leg, 6 -lanes on the south, 5 -lanes east, and 4 -lanes on the west leg, and
signalized between 2021 and 2025.
• The intersection of Black Cat Road and Ustick Road is listed in the CIP to be reconstructed
as a dual -lane roundabout between 2021 and 2025.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 387 additional vehicle trips per day;
41 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation
Engineers Trip Generation Manual, 10th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a five -lane principal arterial is "E" (1,780 VPH).
* Acceptable level of service for a two-lane minor arterial is "E" (575 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Cherry Ln east of Black Cat Rd was 8851 on 08/08/18.
• The average daily traffic count for Black Cat Rd north of Cherry Ln was 7047 on 02/07/18.
C. Findings for Consideration
1. Cherry Lane
a. Existing Conditions: Cherry Lane is improved with 5 -travel lanes at the intersection with Black
Cat Road tapering to 2 -travel lanes at the western property line. From the intersection of Black
Cat Road, Cherry Lane is improved with 7 -foot wide attached sidewalk, vertical curb, and gutter
for 95 -feet, abutting the site. No curb, gutter, or sidewalk exist for the remaining 533 -feet
abutting the site. There is 90 -feet of right-of-way for Cherry Lane (40 -feet from centerline).
Cherry Lane abutting the site is not centered on the section line.
b. Policy:
2 Millbrae / MPP19-0017 / H-2019-0016
PM Peak
PM Peak
Existing
Roadway
Frontage
Functional
Hour
Hour Level
Plus
Classification
Traffic Count
of Service
Project
Cherry Ln
615 -feet
Principal
608
Better than
"E"
Better than
"E"
Arterial
Black Cat Rd
488 -feet
Minor Arterial
465
Better than
Better than
"E„
«E„
* Acceptable level of service for a five -lane principal arterial is "E" (1,780 VPH).
* Acceptable level of service for a two-lane minor arterial is "E" (575 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Cherry Ln east of Black Cat Rd was 8851 on 08/08/18.
• The average daily traffic count for Black Cat Rd north of Cherry Ln was 7047 on 02/07/18.
C. Findings for Consideration
1. Cherry Lane
a. Existing Conditions: Cherry Lane is improved with 5 -travel lanes at the intersection with Black
Cat Road tapering to 2 -travel lanes at the western property line. From the intersection of Black
Cat Road, Cherry Lane is improved with 7 -foot wide attached sidewalk, vertical curb, and gutter
for 95 -feet, abutting the site. No curb, gutter, or sidewalk exist for the remaining 533 -feet
abutting the site. There is 90 -feet of right-of-way for Cherry Lane (40 -feet from centerline).
Cherry Lane abutting the site is not centered on the section line.
b. Policy:
2 Millbrae / MPP19-0017 / H-2019-0016
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.
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.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5 -feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6 -feet wide between
the back -of -curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District's planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back -of -curb shall be a minimum of
7 -feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2 -feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen
the pavement to a minimum of 17 -feet from centerline plus a 3 -foot wide gravel shoulder
adjacent to the entire site. Curb, gutter and additional pavement widening may be required
(See Section 7205.5.5).
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
streets adjacent to a proposed development may be required. These improvements are to
correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or
replacement; curb and gutter construction or replacement; replacement of unused driveways
with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement
repairs; signs; traffic control devices; and other similar items.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Cherry Ln is designated in the MSM
as a Residential Arterial with 5 -lanes and on -street bike lanes, a 71 -foot street section within
96 -feet of right-of-way.
3 Millbrae / MPP 19-0017 / H-2019-0016
c. Applicant Proposal: The applicant is proposing to construct a 5 -foot wide detached concrete
sidewalk on Cherry Lane abutting the unimproved portion of the site.
The applicant is proposing a 20 -foot wide emergency access to Cherry Lane located 580 -feet
from Black Cat Rd, measured center line to center line.
d. Staff Comments/Recommendations:
The applicant's proposal to construct 5 -foot wide detached concrete sidewalk meets district
policy and should be approved as proposed. The detached sidewalk should be located a
minimum of 41 -feet from the centerline of Cherry Lane abutting the site. The applicant should
be required to provide a permanent right-of-way easement for detached sidewalks located
outside of the dedicated right-of-way.
The applicant should be required to dedicate right of way to total 48 -feet from centerline for
Cherry Lane abutting the site. Compensation should be provided.
The applicant should be required to widen the pavement on Cherry Lane to a minimum width of
17 -feet from centerline plus a 3 -foot wide gravel shoulder adjacent to the site where it doesn't
currently exist.
Consistent with ACHD's Minor Improvement Policy, the applicant should be required to replace
any broken or deteriorated portions of curb, gutter, and sidewalk on Cherry Lane abutting the
site.
The proposed emergency access driveway should be approved. The driveway should be
restricted to emergency access only with the installation or a gate or bollard as determined by
the fire department with jurisdiction over this site. The gate or bollard should be located outside
of right-of-way.
2. Black Cat Road
a. Existing Conditions: Black Cat Road is improved with 2 -travel lanes (30.5 -feet of pavement)
and no curb, gutter or sidewalk abutting the site. On the northern property line there is 70 -feet
of right-of-way for Black Cat Road (25 -feet from centerline), tapering to 87 -feet of right-of-way
at the intersection with Cherry Lane.
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.
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.
4 Millbrae / MPP 19-0017 / H-2019-0016
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.
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.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen
the pavement to a minimum of 17 -feet from centerline plus a 3 -foot wide gravel shoulder
adjacent to the entire site. Curb, gutter and additional pavement widening may be required
(See Section 7205.5.5).
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 Black Cat Rd is designated in the
MSM as a Residential Arterial with 5 -lanes and on -street bike lanes, a 71 -foot street section
within 96 -feet of right-of-way.
c. Applicant Proposal: The applicant is proposing to construct a 5 -foot wide detached concrete
sidewalk located 41 -feet from the centerline of Black Cat Road abutting the site.
d. Staff Comments/Recommendations:
The applicant's proposal to build 5 -foot wide detached concrete sidewalk meets District policy
and should be approved as proposed.
The applicant should be required to improve Black Cat Road to a with a minimum of 17 -feet of
pavement from centerline and a 3 -foot gravel shoulder abutting the site where it does not
already exist.
The applicant should be required to dedicate right of way to total 48 -feet from centerline for
Black Cat Road abutting the site. Compensation should be provided, as this roadway segment
is listed in the CIP.
Consistent with ACHD's Minor Improvement Policy, the applicant should be required to replace
any broken or deteriorated portions of curb, gutter, and sidewalk on Black Cat Road abutting
the site.
3. Internal Local Streets
a. Existing Conditions: No streets exist internal to the site.
5 Millbrae / MPP19-0017 / H-2019-0016
b. Policy:
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.
Speed Control and Traffic Calming: District policy 7207.3.7 states that the design of local
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.
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.
For the City of Kuna and City of Star: Unless otherwise approved by Kuna or Star, the standard
street section shall be 36 -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
50 -feet of right-of-way.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some local
jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back -of -curb. Where feasible, a parkway strip at least
8 -feet wide between the back -of -curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District's Tree Planting Policy. If no trees are to be planted in the parkway
strip, the applicant may submit a request to the District, with justification, to reduce the width of
the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2 -feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
c. Applicant's Proposal: The applicant is proposing to construct all internal local streets as 33 -
foot street sections with 5 -foot wide attached concrete sidewalks within 47 -feet of right of way.
The applicant is proposing to construct 2 -knuckles with 45 -foot radii within the site.
d. Staff Comments/Recommendations: The applicant's proposal to construct a 33 -foot street
section with 5 -foot wide attached concrete sidewalk meets District policy and should be
approved, as proposed.
6 Millbrae / MPP19-0017 / H-2019-0016
Upon the extension of the proposed stub street, White Birch St will be greater than 700 -feet in
length and will need to be redesigned to include the use of passive traffic calming design
elements.
Speed humps/bumps, valley gutter, and stop sign will not be accepted as traffic calming.
The applicant should be required to submit a revised preliminary plat showing the redesigned
roadways for review and approval prior to ACHD's signature on the first final plat.
4. Roadway Offsets
a. Existing Conditions: No streets exist internal to the site.
b. Policy:
Local Street Intersection Spacing on Minor 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 660 -feet as measured from all other existing roadways
as identified in Table 1 a (7205.4.6).
c. Applicant's Proposal: The applicant is proposing White Birch Street to intersect Black Cat
Road 510 -feet from Cherry Lane (330 -feet south of Milliron Street) measured center line to
center line.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District policy,
which requires local streets intersecting minor arterials to align or offset by a minimum of 660 -
feet. However, Staff recommends a modification of District policy to approve the intersection
location as proposed. Staff's recommendation is due to the fact that the site does not have
adequate frontage to meet district spacing requirements between Cherry Lane and Milliron
Street, the proposed roadway intersection is outside of the influence area of the Cherry
Lane/Black Cat intersection, and access is being proposed to the lesser classified street. The
50% modification of policy is approved at the discretion of the Deputy Director of Development
and Technical Services.
5. Stub Streets
a. Existing Conditions: No streets exist internal to the site.
b. Policy:
Stub Street Policy: District policy 7207.2.4 states 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 7207.2.5.4, 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."
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.
c. Applicant Proposal: The applicant is proposing to construct 1 stub street, White Birch Street
to stub to the western property line.
d. Staff Comments/Recommendations: The applicants proposal meets District policy and
should be approved, as proposed.
7 Millbrae / MPP19-0017 / H-2019-0016
The proposed stub street is less than 150 -feet in length therefore a temporary turnaround is not
required. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE."
6. 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.
7. 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.
8. Other Access
Cherry Lane is classified as a principal arterial roadway, Black Cat Road is classified as a minor
arterial roadway. 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. Construct 5 -foot wide detached concrete sidewalk located a minimum of 41 -feet from the
centerline of Cherry Lane abutting the site. Provide a permanent right-of-way easement for
detached sidewalks located outside of the dedicated right-of-way.
2. Dedicate right of way to total 48 -feet from centerline for Cherry Lane abutting the site.
Compensation should be provided.
3. Widen the pavement on Cherry Lane to a minimum width of 17 -feet from centerline plus a 3 -foot
wide gravel shoulder adjacent to the site where it doesn't currently exist.
4. Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Cherry Lane abutting
the site.
5. The proposed emergency access driveway should be approved. Restrict the drive to emergency
access only with the installation of a gate or bollard as determined by the fire department with
jurisdiction over this site. The gate or bollard should be located outside of right-of-way
6. Build a 5 -foot wide detached concrete sidewalk on Black Cat Rd abutting the site, located 41 -feet
from centerline, measured to the front edge of the sidewalk.
7. Improve Black Cat Rd. with a minimum of 17 -feet of pavement from centerline and a 3 -foot gravel
shoulder abutting the site where it does not already exist.
8. Dedicate right of way to total 48 -feet from centerline for Black Cat Road abutting the site.
Compensation should be provided, as this roadway segment is listed in the CIP.
9. Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Black Cat Road
abutting the site.
10. Construct all internal streets as 33 -foot street sections with 5 -foot wide concrete sidewalks within
47 -feet of right of way.
8 Millbrae / MPP19-0017 / H-2019-0016
11. Redesign White Birch Street to include the use of passive traffic calming design elements. Speed
humps/bumps, valley gutter, and stop sign will not be accepted as traffic calming.
12. Construct 2 -knuckles, internal to the site, with 45 -foot radii.
13. Construct White Birch Street to intersect Black Cat Road 330 -feet south of Milliron Street.
14. Stub White Birch Street to the western property line.
15. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE."
16. Other than the access specifically approved with this application, direct lot access is prohibited to
Cherry Lane and Black Cat Road. This should be noted on the final plat.
17. Payment of impact fees is due prior to issuance of a building permit.
18. 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
9 Millbrae / MPP 19-0017 / H-2019-0016
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
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. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
10 Millbrae / MPP19-0017 / H-2019-0016
VICINITY MAP
11 Millbrae / MPP 19-0017 / H-2019-0016
SITE PLAN
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1OPTO
12 Millbrae / MPP 19-0017 / H-2019-0016
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.
13 Millbrae / MPP19-0017 / H-2019-0016
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.
14 Millbrae / MPP19-0017 / H-2019-0016
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 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.
15 Millbrae / MPP19-0017 / H-2019-0016