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1 Burlingame Subdivision / MPP17-0013 / H-2017-0055
Development Services Department
Project/File: Burlingame Subdivision / MPP17-0013 / H-2017-0055
The applicant is requesting a development agreement modification (with the City)
and preliminary plat approval for Burlingame Subdivision.
Lead Agency: City of Meridian
Site address: n/o Cherry Ln. w/o Black Cat Rd.
Staff Approval: May 31, 2017
Applicant: William Mason
Mason & Stanfield Inc.
826 3rd St. S.
Nampa, ID 83651
Staff Contact: Austin Miller
Phone: 387-6335
E-mail: amiller@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting a development agreement modification
(with the City) and preliminary plat approval for Burlingame Subdivision. The proposed subdivision
consists of 60 single-family residential lots, and 7 common lots. The 19 acre site is zoned R-4 and
the proposed use is consistent with the City of Meridian’s comprehensive plan.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Residential District (Turnberry Subdivision) R-4
South Rural Urban Transition RUT
East Limited Office District (Churches) L-O
West Rural Urban Transition RUT
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 0.5 centerline miles of new public
road.
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):
Black Cat Road is listed in the CIP to be widened to 5-lanes from Ustick Road to Franklin
Road between 2021 and 2025.
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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 562 additional vehicle trips per day;
59 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation
Engineers Trip Generation Manual, 9th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a two-lane principal arterial is “E” (690 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 Lane east of McDermott Road was 5,712 on
April 21, 2016.
The average daily traffic count for Black Cat Road north of Cherry Lane was 6,667 on
July 7, 2015.
C. Findings for Consideration
1. Cherry Lane
a. Existing Conditions: Cherry Lane is improved with 2-travel lanes (28-feet of pavement), and
no curb, gutter or sidewalk abutting the site. The property line currently extends to the section
line on 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.
Roadway Frontage Functional
Classification
PM Peak
Hour
Traffic Count
PM Peak
Hour Level
of Service
Existing
Plus
Project
Cherry Lane 200-feet Principal
Arterial 369 Better than
“E”
Better than
“E”
Black Cat Road None Minor Arterial 313 Better than
“E”
Better than
“E”
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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).
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 Lane is designated in the
MSM as a Commercial Arterial with 5-lanes and on-street bike lanes, a 72-foot street section
within 96-feet of right-of-way.
c. Applicant Proposal: The applicant is not proposing any improvements to Cherry Lane
abutting the site.
d. Staff Comments/Recommendations: The applicant should be required to improve Cherry
Lane to a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder
abutting the site.
The applicant should be required to dedicate a minimum of 48-feet of right-of-way from the
section line on Cherry Lane. As Cherry Lane is not included in the CIP, no compensation will
be provided.
The applicant should be required to construct a minimum of 5-foot wide concrete sidewalk
along Cherry Lane abutting the site. The sidewalk should be located a minimum of 41-feet
from the centerline of Cherry Lane.
2. Stub Streets
a. Existing Conditions: There is one existing stub street, O’Connor Avenue, stubbing to the
northern property line.
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
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requirements described in Section 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.
Temporary Dead End Streets Policy: District policy 7207.2.4 requires that the design and
construction for cul-de-sac streets shall apply to temporary dead end streets. The temporary
cul-de-sac shall be paved and shall be the dimensional requirements of a standard cul-de-sac.
The developer shall grant a temporary turnaround easement to the District for those portions
of the cul-de-sac which extend beyond the dedicated street right-of-way. In the instance
where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered
by the easement and identified on the plat as a non-buildable lot until the street is extended.
c. Applicant Proposal: The applicant is proposing to extend O’Connor Avenue south into the
site.
The applicant is not proposing to construct any additional stub streets to neighboring parcels.
d. Staff Comments/Recommendations:
The applicant’s proposal to
extend O’Connor Avenue
south into the site meets
District Policy and should
be approved as proposed.
The applicant should be
required to construct stub
streets to 5200 W. Cherry
Lane and 5120 W. Cherry
Lane, to provide for future
connectivity internal to the
square mile. A sign shall
be installed at the terminus
of both of the stub streets
stating that, "THIS ROAD
WILL BE EXTENDED IN
THE FUTURE.” A
temporary turnaround shall
be required if a stub street
is greater than 150-feet in
length.
3. Local Internal Streets (Bonita Avenue, Floribunda Avenue & O’Connor Avenue)
a. Existing Conditions: There are no existing streets internal to the site.
b. Policy:
5200 W.
Cherry Ln.
5120 W.
Cherry Ln.
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Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local street frontages adjacent to the site regardless of whether or not access is
taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way
widths for all local streets shall generally not be less than 50-feet wide and that the standard
street section shall be 36-feet (back-of-curb to back-of-curb). The District will consider the
utilization of a street width less than 36-feet with written fire department approval.
Standard Urban Local Street—36-foot to 33-foot Street Section and Right-of-way Policy:
District Policy 7207.5.2 states that 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 concrete sidewalks on both sides
and shall typically be within 50-feet of right-of-way.
The District will also consider the utilization of a street width less than 36-feet with written fire
department approval. Most often this width is a 33-foot street section (back-of-curb to back-
of -curb) for developments with any buildable lot that is less than 1 acre in size.
Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a
street in an approved preliminary plat, which ends at a boundary of a proposed development
shall be extended in that development. The extension shall include provisions for continuation
of storm drainage facilities. Benefits of connectivity include but are not limited to the following:
Reduces vehicle miles traveled.
Increases pedestrian and bicycle connectivity.
Increases access for emergency services.
Reduces need for additional access points to the arterial street system
Promotes the efficient delivery of services including trash, mail and deliveries.
Promotes appropriate intra-neighborhood traffic circulation to schools, parks,
neighborhood commercial centers, transit stops, etc.
Promotes orderly development.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some
local jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District’s Tree Planting Policy. If no trees are to be planted in the
parkway strip, the applicant may submit a request to the District, with justification, to reduce
the width of the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of -way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
c. Applicant’s Proposal: The applicant is proposing to construct Bonita Avenue, Floribunda
Avenue and O’Connor Avenue as 33-foot street sections with rolled curb and gutter within a
6 Burlingame Subdivision / MPP17-0013 / H-2017-0055
50-foot wide right-of-way. Five-foot wide concrete sidewalk is proposed to be located behind a
3½-foot wide parkway strip.
d. Staff Comments/Recommendations: The applicant’s proposal to construct Bonita Avenue,
Floribunda Avenue and O’Connor Avenue as 33-foot street sections with rolled curb and
gutter meets District Policy and should be approved as proposed.
If sidewalks are attached, the applicant should be required to dedicate a minimum of 47-feet
of right-of-way. If sidewalks are detached, then dedicate right-of-way to 2-feet behind the back
of curb.
The applicant should be required to provide written fire department approval for the proposed
33-foot street sections.
The proposed parkway strip does not meet the minimum 8-foot wide requirement. The
applicant should construct an 8-foot wide parkway strip and provide an easement
encompassing the entire area between the right-of-way line and 2-feet behind the back edge
of the sidewalk. OR The applicant should be required to construct the internal local streets
with attached sidewalk.
4. 29-foot Local Streets (Filoli Court & Bellevue Court)
a. Existing Conditions: There are no existing streets internal to the site.
b. Policy:
Reduced Urban Local Street—29-foot Street Section and Right-of-Way Policy: District
Policy 7207.5.2 states that the width of a reduced urban local street shall be 29-feet (back-of-
curb to back-of-curb) with curb, gutter, and minimum 5-foot concrete sidewalks on both sides
and shall typically be within 42-feet of right-of-way. Although some parking is allowed by the
following subsections, the District will further restrict parking on a reduced width street if
curves or other physical features cause problems, if actual emergency response experience
indicates that emergency vehicles may not be able to provide service, or if other safety
concerns arise. One of the following three sets of design conditions shall apply.
Design Condition #1: Parking is allowed on one side of a reduced width street when all of the
following criteria are met:
The street is in a residential area.
The developer shall provide written approval from the appropriate fire department or
emergency response unit in the jurisdiction.
The developer shall install ―NO PARKING signs on one side of the street, as specified
by the District and as specified by the appropriate fire department.
Vertical curbs with attached 5-foot (minimum) wide sidewalks, or rolled curbs with 5-foot
(minimum) wide detached sidewalks and 8-foot (minimum) wide planter strips, are
required.
Traffic volumes on the street shall not exceed 1,000 vehicle trips per day. There shall be
no possibility that another street may be connected to it in a manner that would allow
more than 1,000 vehicle trips per day.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local streets, except those in rural developments with net
densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no
direct lot frontage, in which case a sidewalk shall be constructed along one side of the street.
Some local jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
7 Burlingame Subdivision / MPP17-0013 / H-2017-0055
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.).
Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to
provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the
emergency service providers may require a greater radius. Landscape and parking islands
may be constructed in turnarounds if a minimum 29-foot street section is constructed around
the island. The pavement width shall be sufficient to allow the turning around of a standard
AASHTO SU design vehicle without backing. The developer shall provide written approval
from the appropriate fire department for this design element.
The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case
basis. This will be based on turning area, drainage, maintenance considerations and the
written approval of the agency providing emergency fire service for the area where the
development is located.
c. Applicant Proposal: The applicant is proposing Filoli Court and Bellevue Court to be
constructed as 29-foot street sections with 5-foot wide attached concrete sidewalk located
within 50-feet of right-of-way.
The applicant is proposing to construct a cul-de-sac at the terminus of Filoli Court and at the
terminus of Bellevue Court.
d. Staff Comments/Recommendations: The applicant’s proposal to construct Filoli Court and
Bellevue Court as 29-foot street sections with 5-foot wide concrete sidewalk meets District
policy and should be approved as proposed. The right-of-way should extend 2-feet past the
back edge of sidewalk.
The applicant should be required to provide written fire department approval for the proposed
29-foot street sections.
Parking should be restricted to one side of the street on Filoli Court and Bellevue Court. The
applicant is required to install “NO PARKING” signs on one side of the roadway. Coordinate
with ACHD Development Review Staff on an appropriate signage plan.
The applicant should be required to construct the cul-de-sacs with a minimum turning radius
of 45-feet (measured to back of curb) at the terminus of Filoli Court and Bellevue Court.
5. Roadway Offsets
a. Existing Conditions: There are no roadways existing internal to the site.
b. Policy:
Local Street Intersection Spacing on Principal Arterials: District policy 7205.4.3 states
that new local streets should not typically intersect arterials. If it is necessary, as determined
by ACHD, for a local street to intersect an arterial, the minimum allowable offset shall be
1,320-feet as measured from all other existing roadways as identified in Table 1b (7205.4.7).
Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a
minimum offset of 125-feet from any other street (measured centerline to centerline).
8 Burlingame Subdivision / MPP17-0013 / H-2017-0055
c. Applicant’s Proposal: The applicant is proposing to locate Bonita Avenue to intersect
Cherry Lane approximately 1,190-feet west of Black Cat Road (measured centerline-to-
centerline).
d. Staff Comments/Recommendations: The applicant’s proposal does not meet District
Policy, as the proposed offset does not meet the 1,320-foot minimum. The 10% modification
of policy is approved at the Development Services Manager level. The applicant cannot locate
a public street in conformance with District policy because the site has minimal frontage, and
the intersection cannot be relocated to meet District policy.
6. Traffic Calming
a. Speed Control and Traffic Calming Policy: 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.
b. Applicant’s Proposal: The applicant has proposed to extend Bonita Avenue north into the
site from Cherry Lane for approximately 1,000 feet.
c. Staff Comments/Recommendations: The length and straightness of the street cannot be
approved without re-design or installation of traffic calming measures. The applicant could
construct bulb-outs at the street intersections to narrow the roadway, slow traffic and improve
pedestrian safety.
7. Tree Planters
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.
8. 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.
9. Other Access
Cherry Lane is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway and should be noted
on the final plat.
D. Site Specific Conditions of Approval
1. Improve Cherry Lane to a minimum of 17-feet of pavement from centerline plus a 3-foot wide
gravel shoulder abutting the site.
2. Dedicate 48-feet of right-of-way from the section line on Cherry Lane.
9 Burlingame Subdivision / MPP17-0013 / H-2017-0055
3. Construct a 5-foot wide concrete sidewalk along Cherry Lane abutting the site. The sidewalk
should be located a minimum of 41-feet from the centerline of Cherry Lane.
4. Extend O’Connor Avenue south into the site.
5. Construct stub streets to 5200 W. Cherry Lane and 5120 W. Cherry Lane. Install a sign at the
terminus of both of the stub streets stating that, “THIS ROAD WILL BE EXTENDED IN THE
FUTURE.” Provide a temporary turnaround for all stub streets greater than 150-feet in length.
6. Construct Bonita Avenue, Floribunda Avenue and O’Connor Avenue as 33-foot street sections
with rolled curb, gutter and 5-foot wide sidewalk within 47-feetof right-of-way.
7. If the applicant chooses to construct a detached sidewalk, the applicant shall construct an 8-foot
wide parkway strip, and provide an easement encompassing the entire area between the right-of-
way line and 2-feet behind the back edge of the sidewalk.
8. Construct Filoli Court and Bellevue Court as 29-foot street sections with rolled curb, gutter and 5-
foot wide concrete sidewalk within 43-feet of right-of-way.
9. Provide written fire department approval for construction of the 33-foot and 29-foot street sections.
10. Install “NO PARKING” signs on one side of the street on Filoli Court and Bellevue Court.
11. Construct the cul-de-sacs with a minimum turning radius of 45-feet at the terminus of Filoli Court
and Bellevue Court.
12. Re-design or install traffic calming measures on Bonita Avenue to slow traffic and improve
pedestrian safety.
13. Cherry Lane is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway and should be noted
on the final plat.
14. Payment of impacts fees are due prior to issuance of a building permit.
15. 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.
10 Burlingame Subdivision / MPP17-0013 / H-2017-0055
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
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
11 Burlingame Subdivision / MPP17-0013 / H-2017-0055
VICINITY MAP
12 Burlingame Subdivision / MPP17-0013 / H-2017-0055
SITE PLAN
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Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road
improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5) working days upon notification of required right of way
improvements by Highway entities, developers shall provide written notification to the affected
utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include
but not be limited to, project limits, scope of roadway improvements/project, anticipated
construction dates, and any portions critical to the right of way improvements and coordination
of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the
utility owners. Conference notification shall also be sent to the UCC. During the review meeting
the developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for e-mail notification information.
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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 applic ation 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 an d 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.
15 Burlingame Subdivision / MPP17-0013 / H-2017-0055
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the Development Services Manager when it is alleged that the
Development Services Manager did not properly apply this section 7101.6, did not consider all
of the relevant facts presented, made an error of fact or law, abused discretion or acted
arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the
applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
and Clerk of the District, which must be filed within ten (10) working days from the date of
the decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisions of
the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The Development Services Manager shall have ten (10) working days from
the date of the filing of the notice of appeal to reply to the notice of the appeal, and may
during such time meet with the appellant to discuss the matter, and may also consider
and/or modify the decision that is being appealed. A copy of the reply and any modifications
to the decision being appealed will be provided to the appellant prior to the Commission
hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the Development Services
Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice of
appeal and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse,
in whole or part, or otherwise modify, amend or supplement the decision being appealed, as
such action is adequately supported by the law and evidence presented at the hearing.
16 Burlingame Subdivision / MPP17-0013 / H-2017-0055
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 11:00 a.m. 2 days 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.