2019-12-20 ACHD Revised
1 Hensley Station/ MPP19-0032/H-2019-
0120
Development Services Department
Project/File: Hensley Station/ MPP19-0032/ H-2019-0120
This is an annexation and preliminary plat application to allow for the development of
65 buildable lots and 6 common lots on 7.17 acres.
Lead Agency: City of Meridian
Site address: 462 Black Cat Road
Staff Approval: December 20, 2019
Applicant: Northern Land Development LLC
2150 N. Canter Place
Eagle, ID 83616
Representative: Kent Brown Planning Services LLC
3161 E. Springwood Drive
Meridian, ID 83642
Staff Contact: Paige Bankhead
Phone: 387-6293
E-mail: pbankhead@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is proposing to annex 7.17 acres with an R-15 zoning
district and subdivide the property into 65 buildable lots for townhome units and 6 common lots.
The proposal is consistent with the City of Meridian’s Comprehensive Plan that designates the area
as medium-high density residential.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Railroad and Rural Urban Transition (Ada County) R-1 and RUT
South Rural Urban Transition and Mixed Employment (Ada County) RUT and M-E
East Mixed Employment M-E
West Rural Urban Transition (Ada County) RUT
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:
• Compass Charter School, K-12 charter school to the south and east of the site. This was
approved by ACHD in June 2018.
5. Transit: Transit services are available to the south of this site at Franklin Road via Route 40.
Vicinity Map
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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. The impact fee assessment will not be released until the civil plans are
approved by ACHD.
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 Franklin Road to Cherry
Lane 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 leg, 4-lanes on the west leg and 5-lanes on the
east leg and signalized between 2021 and 2025.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 476 additional vehicle trips per day
(10 existing); 37 additional vehicle trips per hour in the PM peak hour (1 existing), 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 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 Black Cat Road north of Franklin Road was 5,753 on 12/06/17.
C. Findings for Consideration
1. Black Cat Road
a. Existing Conditions: Black Cat Road is improved with 2-travel lanes, approximately 25-feet
of pavement, and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way
for Black Cat Road (25-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
Roadway Frontage Functional
Classification
PM Peak
Hour
Traffic Count
PM Peak
Hour Level
of Service
Black Cat Road 535-feet Minor Arterial 384 Better than
“E”
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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.
Off-Site Streets Policy: District Policy 7205.2.1 states that if the proposed development is not
served by a public street that is fully improved to urban standards (curb, gutter, sidewalk) or a
minimum 30-feet of pavement, then the developer shall provide 30-feet of pavement with 3-foot
wide gravel shoulders from the site to the public street specified by the District, typically to the
nearest public street that meets the District’s minimum standards or a maximum of ¼ mile; OR
shall provide 24-feet of pavement with 3-foot wide gravel shoulders and a minimum 6-foot wide
detached asphalt/concrete pedestrian facility from the site to the public street specified by the
District, typically to the nearest public street that meets the District’s minimum standards or a
maximum of ¼ mile.
Alternatives to pavement widening including sidewalks and pathways, or other proposals may
be considered by the District. The extent of roadway improvements (improvement type and
length) will be determined by evaluating certain criteria. Criteria to establish improvement type
and length include but are limited to: traffic volumes (existing and projected); the posted speed
limit; topography; accident history; potential need for bicycle and bus/traffic routes; number of
pedestrians (existing and projected); location of pedestrian attractors and generators (i.e. parks
and schools); number of access points/streets serving the proposed development; usable right-
of-way; need for traffic calming; utilities and irrigation facilities. All utility relocation costs
associated with the off-site street widening shall be borne by the developer.
Narrower street widths may be considered if pedestrian or bike facilities exist or if the proposed
development is for ten (10) residential lots or fewer or will generate less than 100 VTD.
The District will consider the phasing of off-site improvements to the arterial roadway on a case-
by-case basis if a phasing plan is approved by the lead land use agency. The required
improvements must be constructed prior to the signature on the final plat that included the 40th
residential lot; or exceeds trip generation of 400 VTD.
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.
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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 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 dedicate right-of-way to total 48-feet from the
centerline of Black Cat Road and widen Black Cat Road with 17-feet of pavement from
centerline with a 3-foot wide gravel shoulder and a detached 5-foot wide concrete sidewalk
located 42-feet from the centerline of Black Cat Road within right-of-way with 1-foot of right-of-
way behind the back edge of sidewalk.
d. Staff Comments/Recommendations: The applicant’s proposal meets District Policy and
should be approved, as proposed, except for the 1-foot of right-of-way proposed behind the
back edge of the sidewalk. The applicant should be required to provide at least 2-feet of right-
of-way behind the back edge of sidewalk. Therefore, the sidewalk should be placed a minimum
of 41-feet from the centerline of Black Cat Road to ensure 2-feet of right-of-way behind the back
edge of sidewalk.
2. Aviator Street (East/West Collector)
a. Existing Conditions: Compass Charter School has constructed Aviator Street as ½ of a 3-lane
collector 46-foot street section with 23-feet of pavement, plus 12 additional feet of pavement (to
total 35-feet of pavement) with vertical curb, gutter and a 7-foot wide attached concrete sidewalk
on the south side of the roadway, with a 3-foot wide gravel shoulder and borrow ditch on the
north side of the roadway. As the collector roadway continues east and transitions to a 2 lane
roadway, it is constructed as ½ of a 36-foot wide collector roadway with 18-feet of pavement,
plus 12 additional feet of pavement (to total 30-feet of pavement) with vertical curb, gutter and
7-foot wide attached concrete sidewalk on the south of the roadway, with a 3-foot wide gravel
shoulder and borrow ditch on the north side of the roadway. There is 55-feet to 60-feet of right-
of-way abutting the site for Aviator Street (27.5-feet to 30-feet from centerline).
b. Policy:
Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for
improving all collector frontages adjacent to the site or internal to the development as required
below, regardless of whether access is taken to all of the adjacent streets.
Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector
street is designated with a typology on the Master Street Map, that typology shall be considered
for the required street improvements. If there is no typology listed in the Master Street Map,
then standard street sections shall serve as the default.
Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard
right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location
and width of the sidewalk and the location and use of the roadway. The right-of-way width may
be reduced, with District approval, if the sidewalk is located within an easement; in which case
the District will require a minimum right-of-way width that extends 2-feet behind the back-of-
curb on each side.
The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically
accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike
lanes.
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Residential Collector Policy: District policy 7206.5.2 states that the standard street section
for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District
will consider a 33-foot or 29-foot street section with written fire department approval and taking
into consideration the needs of the adjacent land use, the projected volumes, the need for
bicycle lanes, and on-street parking.
Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all collector 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.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway
features required through development. A new collector roadway was identified on the MSM
with the street typology of Town Center Collector. The new collector roadway should intersect
Black Cat Road at the half mile between Franklin Road and Pine Avenue. The Town Center
Collector typology as depicted in the Livable Street Design Guide recommends a 2-lane
roadway with bike lanes, and on street parking, a 36-foot street section within 54-feet of right-
of-way.
c. Applicant Proposal: The applicant has proposed to construct Aviator Street at Black Cat ½
of a 46-foot collector street section with vertical curb, gutter and attached 7-foot wide concrete
sidewalk tapering to ½ of a 36-foot wide collector roadway with vertical curb, gutter and a 7-foot
wide attached concrete sidewalk as the roadway moves east. These improvements are
proposed to be constructed within the existing right-of-way, with a portion of the 7-foot wide
attached sidewalks within an easement.
d. Staff Comments/Recommendations: The applicant’s proposal is consistent with the MSM,
and ACHD’s prior action for Compass Charter School and should be approved, as proposed,
except for the portion of sidewalk proposed outside of the right-of-way in an easement. The
applicant may also construct a 5-foot wide detached sidewalk with a 6-foot wide planter strip,
as measured between the back-of-curb and street edge of the sidewalk. If street trees are
desired then an 8-foot wide planter strip should be provided.
The applicant’s proposal to place a portion of sidewalk outside of the right-of-way does not
meet District Policy which requires sidewalks to be wholly within right-of-way or wholly within a
permanent right-of-way easement. The applicant should be required to dedicate additional
right-of-way to extend 2-feet behind the back of the sidewalk so the sidewalk can be wholly
within right-of-way. For detached sidewalk, the applicant may reduce the right-of-way width
to 2-feet behind the back edge of curb and provide a permanent right-of-way easement for the
sidewalks proposed to be located outside of the right-of-way.
3. Driveways/Private Roads
3.1 Black Cat Road
a. Existing Conditions: There is an existing residential driveway onto Black Cat Road located
approximately 20-feet south of the site’s north property line.
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b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1a under District policy 7205.4.6, unless a waiver for the access point has been approved
by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor
arterial roadways from a signalized intersection with a single left turn lane shall be located a
minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a
minimum of 660-feet from the intersection for a full-movement driveway.
District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized
intersection with a dual left turn lane shall be located a minimum of 330-feet from the nearest
intersection for a right-in/right-out only driveway and a minimum of 710-feet from the intersection
for a full-movement driveway.
Successive Driveways: District policy 7205.4.6 Table 1a, requires driveways located on minor
arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 330-feet from
any existing or proposed driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-
volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be
required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross
access utilizes a single vehicular connection that serves two or more adjoining lots or parcels
so that the driver does not need to re-enter the public street system.
c. Applicant’s Proposal: The applicant has proposed to close the existing residential driveway
onto Black Cat Road with sidewalk and has proposed to construct a 25-foot wide emergency
access onto Black Cat Road, located approximately 100-feet south of the north property line.
The driveway is proposed to be restricted to emergency access only with a 6-foot tall locking
gate for emergency access only.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved, as proposed. The 25-foot wide emergency access should be paved its full
width and at least 30-feet into the site beyond the edge of pavement and restricted to emergency
access only with a gate or bollards as determined by the Meridian Fire Department.
3.2 Aviator Street - East/West Collector
a. Existing Conditions: There are no driveways onto Aviator Street from the site.
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b. Policy:
Access 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.
District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the
local street system and carry that traffic to the nearest arterial. A secondary function is to service
adjacent property. Access will be limited or controlled. Collectors may also be designated at
bicycle and bus routes.
Driveway Location Policy (Stop Controlled Intersection): District policy 7206.4.4 requires
driveways located on collector roadways near a STOP controlled intersection to be located
outside of the area of influence; OR a minimum of 150-feet from the intersection, whichever is
greater. Dimensions shall be measured from the centerline of the intersection to the centerline
of the driveway.
Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on
collector roadways with a speed limit of 25 MPH and daily traffic volumes greater than 100 VTD
to align or offset a minimum of 245-feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7206.4.6 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,
7206.4.6, 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 7206.4.6.
Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada
County establish the requirements for private streets. The District retains authority and will
review the proposed intersection of a private and public street for compliance with District
intersection policies and standards. The private road should have the following requirements:
• Designed to discourage through traffic between two public streets,
• Graded to drain away from the public street intersection, and
• If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of
50-feet from the near edge of the intersection and a turnaround shall be provided.
c. Applicant’s Proposal: The applicant has proposed to construct a 30-foot wide curb cut type
private road onto Aviator Street. The private road is proposed align with a driveway for the
Compass Charter School that is located approximately 265-feet east of Black Cat Road.
d. Staff Comments/Recommendations: The applicant’s proposal meets the intent of ACHD’s
policy as the private road is proposed to align with a driveway on the south side of Aviator Street
across from the site.
The applicant’s proposal to construct a curb cut for the private road does not meet the District
Policy requirement for a curb return access and is not approved, as proposed. The applicant
should be required to construct a curb return type driveway for the private road onto Aviator
Street.
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If the City of Meridian approves the private road, the applicant shall be required to pave the
private roadway at least 30-feet wide and at least 30-feet into the site beyond the edge of
pavement of all public streets and install pavement tapers with 15-foot curb radii abutting the
existing roadway edge. If private roads are not approved by the City of Meridian, the applicant
will be required to revise and resubmit the preliminary plat to provide public standard local
streets in these locations.
Street name and stop signs are required for the private road. The signs may be ordered through
the District. Verification of the correct, approved name of the road is required.
ACHD does not make any assurances that the private road, which is a part of this application,
will be accepted as a public road if such a request is made in the future. Substantial redesign
and reconstruction costs may be necessary in order to qualify this road for public ownership
and maintenance.
The following requirements must be met if the applicant wishes to dedicate the roadway to
ACHD:
• Dedicate a minimum of 50-feet of right-of-way for the road.
• Construct the roadway to the minimum ACHD requirements.
• Construct a stub street to the surrounding parcels.
4. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
5. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm
drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle
at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop
signs. Landscape plans are required with the submittal of civil plans and must meet all District
requirements prior to signature of the final plat and/or approval of the civil plans.
6. Other Access
Black Cat Road is classified as a minor arterial roadway, and Aviator Street is classified as collector
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. Dedicate right-of-way to total 48-feet from the centerline of Black Cat Road abutting the site, as
proposed. Compensation will be provided for this right-of-way dedication.
2. Construct a 5-foot wide detached concrete sidewalk on Black Cat Road located 41-feet from the
centerline of Black Cat Road abutting the site.
3. Widen the pavement on Black Cat Road to a minimum width of 17-feet from centerline plus a 3-foot
wide gravel shoulder adjacent to the site, as proposed.
4. Construct Aviator Street as ½ of a 46-foot wide collector street section tapering to a half of a 36-
foot wide collector street section with vertical curb, gutter and a 7-foot wide attached concrete
sidewalk abutting the site. The applicant may also construct a 5-foot wide detached concrete
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sidewalk with a 6-foot wide planter strip. If street trees are desired then an 8-foot wide planter strip
shall be provided.
For attached sidewalk, dedicate additional right-of-way to extend a minimum of 2-feet behind the
back of the sidewalk. For detached sidewalk, the applicant may reduce the right-of-way width to 2-
feet behind the back edge of curb if detached sidewalk is proposed and provide a permanent right-
of-way easement for the sidewalks proposed to be located outside of the right-of-way that extends
2-feet behind the back edge of sidewalk.
5. Close the existing driveway onto Black Cat Road with sidewalk to match the improvements on either
side, as proposed.
6. Construct a 30-foot wide curb return private road onto Aviator Street located 265-feet east of Black
Cat Road aligned with a driveway on the south side of the roadway across from the site.
7. Construct a 25-foot wide emergency access only driveway onto Black Cat Road located 100-feet
south of the north property line, as proposed. Restrict the driveway to emergency access only with
a gate or bollards as determined by the Meridian Fire Department.
8. Other than access specifically approved with this application, direct lot access onto Black Cat Road
and Aviator Street is prohibited and should be noted as such on the final plat.
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.
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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 OR Appeal Guidelines
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VICINITY MAP
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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 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. Impac t 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 Pla n 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 u tility 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 m eeting 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.