HomeMy WebLinkAbout2020-04-13 ACHD Development Services Department
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Project/File: McKay Farm Subdivision/ MPP20-0007/H-2020-0030
This is an annexation application with rezone to R-8 and a preliminary plat
application consisting of 42 residential lots and 9 common lots on 10.5 acres.
Lead Agency: City of Meridian
Site address: 5875 S. Eagle Road Vicinity Map
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Staff Approval: March 31, 2020
Applicant: Sam Johnson
Fairbourne Development LLC r `
2701 E. Pine Avenue
Meridian, ID 83642
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Representative: Same as applicant
Staff Contact: Paige Bankhead, E.I.
Phone: 387-6293
E-mail: pbankhead(a)_achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of an annexation with
rezoning from RUT (Rural Urban Transition) to R-8 (Medium Density Residential) and
preliminary plat application to develop 42 residential lots and 9 common lots on 10.5 acres.
The City of Meridian Future Land Use Map designates this area as Medium Density Residential.
The proposal is consistent with the City of Meridian's Future Lane Use Map.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Medium Density Residential R-8
South Low Density Residential R-2
East Medium Density Residential R-8
West Medium-Low Density Residential R-4
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Sky Mesa Highlands Subdivision, a 75 lot residential development located south of the site,
approved by ACHD in March 2020.
5. Transit: Transit services are not available to serve this site.
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6. New Center Lane Miles: The proposed development includes 0.25 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. The impact fee assessment will not be released until the civil plans are
approved by ACHD.
8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Lake Hazel Road to
Amity Road in 2023.
• The intersection of Eagle Road and Lake Hazel Road is scheduled in the IFYWP to be
widened to 5-lanes on the north leg, 4-lanes on the south, 4-lanes east, and 3-lanes on the
west leg, and reconstructed and signalized in 2023.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 387 additional vehicle trips per day
(10 existing); 41 additional vehicle trips per hour in the PM peak hour (1 existing), based on the
Institute of Transportation Engineers Trip Generation Manual, 10`h edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Functional PM Peak PM Peak Existing
Roadway Frontage Classification Hour Hour Level Plus
Traffic Count of Service Project
Principal Better than Better than
Eagle Road 866-feet Arterial 406 °D" "D"
Taconic Drive 0-feet Local N/A N/A N/A
* Acceptable level of service for a two-lane principal arterial is "E" (690 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 Eagle Road north of Lake Hazel Road was 6,322 on
9/17/2019.
• The average daily traffic count for Taconic Drive west of Eagle Road was 1,755 on
9/18/2019.
C. Findings for Consideration
1. South Meridian Transportation Plan
The South Meridian Transportation Plan (SMTP) is a long-range planning tool used to identify
future roadway, intersection, and corridor needs in the South Meridian Area. It provides a
framework for future roadway improvements based on the land use designations. The plan was
created in collaboration with the City of Meridian and was adopted by the ACHD Commission in
September of 2009. The SMTP recommends preserving right-of-way for future widening of Eagle
Road to 5-lanes with bike lanes for this segment of Eagle Road abutting the site
2. Eagle Road/Taconic Drive Interim Signal
As part of ACHD's recent action on Sky Mesa Highlands Subdivision located directly south of the
site that applicant was required to install an interim signal at the Eagle Road/Taconic Drive
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intersection if the Eagle Road widening project (Amity to Lake Hazel) is moved to
a construction date later than 2023. To ensure that the interim signal can be installed when
warranted staff recommends that the applicant provide a road trust deposit for their proportional
share of the interim signal, as this site has no direct access to Eagle Road and all access will be
taken from stub streets that will connect to Taconic Drive. Staff estimate the cost of the interim
signal to be $120,000 and that this site will contribute approximately 12% of the total traffic on
Taconic Drive. Therefore, the applicant should be required to provide a road trust deposit in the
amount of $14,400 prior to ACHD's signature on the first final plat. If ACHD's Eagle Road
widening project stays programmed for 2023 or sooner and is constructed prior to the installation
of the interim signal, then the applicant would receive a refund of their road trust deposit.
3. Eagle Road
a. Existing Conditions: Eagle Road is improved with 2-travel lanes and no curb, gutter or
sidewalk abutting the site. There is 73-feet of right-of-way for Eagle Road (22-feet from
centerline).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within
96-feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
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.
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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 Eagle Road is designated in the
MSM as a Residential 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 has proposed to dedicate additional right-of-way to total
48-feet from the centerline of Eagle Road abutting the site. The applicant has not proposed
any improvements to Eagle Road abutting the site.
d. Staff Comments/Recommendations: Eagle Road is scheduled in the IFYWP to be widened
to 5-lanes in 2023. The applicant should be required to dedicate additional right-of-way to
total 48-feet from the center line for Eagle Road abutting the site.
Typically, the developer is required to make improvements to an existing road abutting a
development and ACHD would typically require pavement widening and a sidewalk in this
case. However, due to the fact that Eagle Road is scheduled in the IFYWP to be widened to
5-lanes in 2023, staff recommends that the applicant provide a deposit for the pavement
widening and the sidewalk on Eagle Road abutting the site for their proportionate share of the
road improvements (sidewalk and pavement widening) in the amount of$52,400.
If the Eagle Road widening project is moved to a construction date later than 2023, the
applicant should be required to construct a 5-foot wide detached concrete sidewalk located
41-feet from the centerline of Eagle Road abutting the site and widen the pavement on Eagle
Road to 17-feet of pavement from the centerline line abutting the site.
The applicant should provide a permanent right-of-way easement to 2-feet behind back of
sidewalk for any public sidewalk placed outside of the dedicated right-of-way.
4. Internal Local Roads
a. Existing Conditions: There is an existing local street, Mardia Street, that stubs the site's
west property line.
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.
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.
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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.
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 has proposed to construct Mardia Street into the site
and construct all the internal local streets as 33-foot wide street sections with curb, gutter, 8-
foot wide planter strips and 5-foot wide detached concrete sidewalks within 63-feet of right-of-
way.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and is
approved, as proposed. The applicant may reduce the right-of-way dedication to 2-feet behind
the back of curb and provide a permanent right-of-way easement for detached sidewalk
extending 2-feet behind the back of the sidewalk.
5. Driveways
5.1 Eagle Road
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a. Existing Conditions: There are 2 existing unpaved residential driveways onto Eagle Road
located 120-feet and 390-feet south of the north property line.
b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.7 states that direct access to principal arterials is
typically prohibited. If a property has frontage on more than one street, access shall be taken
from the street having the lesser functional classification. If it is necessary to take access to
the higher classified street due to a lack of frontage, the minimum allowable spacing shall be
based on Table 1 b under District policy 7205.4.7, unless a waiver for the access point has
been approved by the District Commission. Driveways, when approved on a principal arterial
shall operate as a right-in/right-out only, and the District will require the construction of a
raised median to restrict the left turning movements.
Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal
arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right-
in/right-out only driveway. Full-access driveways are not allowed on principal arterial
roadways.
Successive Driveways: District policy 7205.4.7 Table 1 b, requires driveways located on
principal arterial roadways with a speed limit of 50 MPH to align or offset a minimum of 425-
feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for
high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii
will be required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
c. Applicant's Proposal: The applicant has proposed to close the existing 2 residential
driveways with landscaping.
The applicant is proposing to construct a 20-foot wide emergency access onto Eagle Road
located135-feet south of the north property line.
d. Staff Comments/Recommendations: The applicant's proposal to close the 2 existing
residential driveways meets District policy and should be approved, as proposed. The
applicant should be required to close the 2 driveways with sidewalk and pavement widening
for Eagle Road to match improvements on either side.
The applicant's proposal to construct the emergency access driveway is approved, as
proposed. The 20-foot wide emergency access should be paved its full width and at least 30-
feet into the site beyond the edge of pavement of Eagle Road and Zaivcla Avenue and
restricted to emergency access only with a gate or bollards as determined by the Meridian
Fire Department. The gate or bollards should be located outside of the dedicated right-of-way.
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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
Eagle Road 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. Dedicate additional right-of-way to total 48-feet from the centerline on Eagle Road abutting the
site.
2. Prior to ACHD's signature on the first final plat provide a road trust deposit in the amount of
$14,400.00 for an interim signal at the Eagle Road/Taconic Drive intersection.
3. If the Eagle Road widening projects remains programmed in the IFYWP for 2023 or sooner prior
to ACHD's signature on the final plat, then provide a road trust deposit for the pavement widening
and sidewalk abutting the site for Eagle Road in the amount of$52,400.
4. If the Eagle Road widening project is moved to a date later than 2023, then construct the 5-foot
wide detached concrete sidewalk and widen the pavement on Eagle Road to 17-feet from the
centerline abutting the site. The 5-foot wide detached sidewalk should be located 41-feet from the
section line of Eagle Road. Provide a permanent right-of-way easement to 2-feet behind back of
sidewalk for any public sidewalk placed outside of the dedicated right-of-way.
5. Construct Mardia Street into the site and construct internal local streets as 33-foot wide street
sections with curb, gutter, 8-foot wide planter strips and 5-foot wide detached concrete sidewalks
within 63-feet of right-of-way, as proposed. The applicant may reduce the right-of-way dedication
to 2-feet behind the back of curb and provide a permanent right-of-way easement for detached
sidewalk extending 2-feet behind the back of the sidewalk.
6. Close the 2 existing residential driveways that are located 120-feet and 390-feet south of the
north property line with sidewalk and pavement widening to match improvements on either side.
7. Construct a 20-foot wide emergency access located135-feet south of the north property line and
pave the access its full width and at least 30-feet into the site beyond the edge of pavement for
Eagle Road and Zaivcla Avenue. Restrict the emergency access with a gate or bollards as
determined by the Meridian Fire Department. The gate or bollards should be located outside of
the dedicated right-of-way.
8. Other than the access specifically approved with this application, direct lot access is prohibited to
Eagle Road and should be noted on the final plat.
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9. Submit civil plans to ACHD Development Services for review and approval. The impact fee
assessment will not be released until the civil plans are approved by ACHD.
10. Payment of impact fees is due prior to issuance of a building permit.
11. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number)for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior
to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers)for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho
shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
F. Conclusions of Law
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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 OR Appeal Guidelines
9 McKay Farm Subdivision/
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VICINITY MAP
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SITE PLAN
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11 McKay Farm Subdivision/
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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.
12 McKay Farm Subdivision/
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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 application to ACHD
®The ACHD Planning Review Section will receive the development application to review
®The Planning Review Section will do one of the following:
❑Send a"No Review" letter to the applicant stating that there are no site specific conditions of approval at
this time.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
❑Write a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
Items to be completed by Applicant:
❑For ALL development applications, including those receiving a "No Review" letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD,then architectural plans may be submitted for purposes of impact fee assessment.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-
way, including, but not limited to, driveway approaches,street improvements and utility cuts.
❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Non-Subdivisions)
❑ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request"form to ACHD Construction (for approval by Development Services &Traffic
Services). There is a one week turnaround for this approval.
❑Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application"to ACHD Construction—Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
❑ Sediment&Erosion Submittal
• At least one week prior to setting up a Pre-Construction Meeting an Erosion & Sediment Control Narrative & Plan,
done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD
Stormwater Section.
❑ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
❑ Final Approval from Development Services is required prior to scheduling a Pre-Con.
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Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the Development Services Manager when it is alleged that the
Development Services Manager did not properly apply this section 7101.6, did not consider all
of the relevant facts presented, made an error of fact or law, abused discretion or acted
arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the
Secretary and Clerk of the District, which must be filed within ten (10) working days from
the date of the decision that is the subject of the appeal. The notice of appeal shall refer
to the decision being appealed, identify the appellant by name, address and telephone
number and state the grounds for the appeal. The grounds shall include a written
summary of the provisions of the policy relevant to the appeal and/or the facts and law
relied upon and shall include a written argument in support of the appeal. The
Commission shall not consider a notice of appeal that does not comply with the
provisions of this subsection.
c. Time to Reply: The Development Services Manager shall have ten (10) working days
from the date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may also
consider and/or modify the decision that is being appealed. A copy of the reply and any
modifications to the decision being appealed will be provided to the appellant prior to the
Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the
appeal will be noticed and scheduled on the Commission agenda at a regular meeting to
be held within thirty (30) days following the delivery to the appellant of the Development
Services Manager's reply to the notice of appeal. A copy of the decision being appealed,
the notice of appeal and the reply shall be delivered to the Commission at least one (1)
week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
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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.
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