2020-05-15 ACHD Staff Report
Development Services Department
Project/File: Quartet Subdivision/ MPP20-0003/ H-2020-0018, H-2020-0017
This is an annexation and rezone application for 86.45 acres and a preliminary plat
application to allow for the development of 186 single family residential lots, 1
commercial lot and 29 common lots on 86.45 acres.
Lead Agency: City of Meridian
Site address: 4020 and 4340 Black Cat Road, southeast of the intersection of McMillan Road and
Black Cat Road
Vicinity Map
Commission
Meeting: XXXX, 2020
Staff Approval: XXXX, 2020
Applicant: Michael D. Wardle
Brighton Development, Inc.
2929 W. Navigator Drive #400
Meridian, ID 83642
Representative: Same as above.
Staff Contact: Paige Bankhead, E.I.
Phone: 387-6293
E-mail: pbankhead@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of an annexation and rezone
application to annex 86.45 acres with R-8 (medium density) and C-G (General Retail and
Commercial) and a preliminary plat application to develop 186 single family lots, 1 commercial
lot, 29 common lots and 2 driveway lots on 86.45 acres.
The City of Meridian’s Future Land Use Map designates this area as Medium Density Residential.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Rural Urban Transition (Ada County) RUT
South Rural Urban Transition (Ada County) RUT
East Medium Density Residential R-8
West Medium Density Residential R-8
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:
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Rapid Creek Subdivision 93 building lots and 11 common lots on 21 acres located directly
west of the site and approved by ACHD on August 31, 2017.
Volterra South Subdivision 194 residential lots, 10 commercial lots and 22 common lots on
80.4 acres located directly northeast of the site and approved by ACHD on November 5, 2017.
5. Transit: Transit services are not available to serve this site.
6. New Center Lane Miles: The proposed development includes 2.28 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):
Black Cat Road is listed in the CIP to be widened to 5-lanes from McMillan Road to Ustick
Road between 2021 and 2025.
The intersection of McMillan Road and Black Cat Road is listed in the CIP to be reconstructed
as a multi-lane roundabout with 4-lanes on the north leg, 4-lanes on the south, 2-lanes east,
and 2-lanes on the west leg, and reconstructed between 2026 and 2030.
The intersection of Ustick Road and Black Cat Road is listed in the CIP to be reconstructed
as a dual-lane roundabout with 4-lanes on the north leg, 4-lanes on the south, 4-lanes east,
and 4-lanes on the west leg, and reconstructed between 2021 and 2025.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 1,849 additional vehicle trips per day
(19 existing); 185 additional vehicle trips per hour in the PM peak hour (2 existing), based on the
traffic impact study.
2. Traffic Impact Study
Kittelson & Associates prepared a traffic impact study for the proposed Quartet Subdivision. Below
is an executive summary of the findings as presented by Kittelson & Associates. The following
executive summary is not the opinion of ACHD staff. ACHD has reviewed the submitted traffic
impact study for consistency with ACHD policies and practices, and may have additional
requirements beyond what is noted in the summary. ACHD Staff comments on the submitted traffic
impact study can be found below under staff comments.
EXECUTIVE SUMMARY
The results of the transportation impact study indicate that the proposed development can be
constructed while maintaining acceptable levels of service and safety on the surrounding
transportation system with the following recommended improvements:
Access A (North Access – Bell Tower Drive) – construct a northbound right-turn lane and
southbound left-turn lane with the minimum ACHD vehicle storage of 100-feet on Black Cat
Road.
Access B (South Access – San Remo Street) – Construct a northbound right-turn lane and
southbound left-turn lane with the minimum ACHD vehicle storage of 100-feet on Black Cat
Road.
The Master Street Map shows a multi-lane roundabout located in the area of the proposed
intersection of San Remo Street and Black Cat Road with the development. The TIS indicated that
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the intersection will meet ACHD level of service thresholds under 2024 total traffic conditions without
the roundabout, therefore, a roundabout is not warranted at this time.
Black Cat Road abutting the site will meet ACHD’s Level of Service Thresholds with the existing 2-
lane configuration for the existing, 2024 background and total 2024 build out traffic.
Intersections A & B analyzed on Black Cat Road
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Alternative Mitigation Measures Policy
a. Policy
Mitigation Proposals: Mitigation recommendations shall be provided within the report. At a
minimum, for each roadway segment and intersection that does not meet the minimum
acceptable level of service planning threshold or v/c ratio, the report must discuss feasible
measures to avoid or reduce the impact to the system. To be considered adequate, measures
should be specific and feasible. Mitigation may also include:
Revision to the Phasing Plan to coincide with the District’s planning Capital Projects.
Reducing the scope and/or scale of the project.
Alternative Mitigation Measures: 7106.7.3 states that if traditional mitigation measures
such as roadway widening and intersection improvements are infeasible as determined by
ACHD, the TIS may recommend alternative mitigation measures. Alternative mitigation
measures shall demonstrate that impacts from the project will be offset.
If the impacted roadway segments and/or intersections are programmed as funded in
the Integrated Five Year Work Plan (IFYWP) or the Capital Improvements Plan (CIP);
no alternative mitigation is required.
If the impacted roadway segments and/or intersections are not programmed in either
the IFYWP or the CIP; the applicant may (i) analyze the shoulder hour and (ii) provide
a safety analysis to determine alternative mitigation requirements.
o If the impacted roadway segments and intersections meet the minimum
acceptable level of service planning thresholds in the shoulder hour the
applicant may suggest feasible alternative mitigation such as: sidewalks, bike
facilities, connectivity, safety improvements, etc. within 1.5 miles of the
proposed development.
o If the shoulder hour planning thresholds are exceeded the applicant may
request to enter into a Development Agreement and pay into the Priority
Corridor Fund an amount determined by the ACHD to offset impacts from the
project.
Alternative Mitigation may also include:
o Revision to the Phasing Plan to coincide with the District’s future Capital
Projects.
o Reducing the scope and/or scale of the project.
b. Staff Comments/Recommendations: Staff has reviewed the submitted traffic impact study
(TIS) and generally agrees with the findings and recommendations. The TIS recommends the
construction of a construct a dedicated northbound right-turn lane and dedicated southbound
left-turn lane with the minimum ACHD vehicle storage of 100-feet on Black Cat Road at the
proposed new roadway, Bell Tower Drive, and at the proposed collector roadway San Remo
Street. Consistent with the findings and recommendations of the TIS, the applicant should be
required to construct the dedicated northbound right-turn lane and dedicated southbound left-
turn lane on Black Cat Road at Bell Tower Drive and San Remo Street.
The Master Street Map shows a multi-lane roundabout located in the area of the proposed
intersection of San Remo Street and Black Cat Road with the development. The TIS indicated
that the intersection meets ACHD level of service thresholds under 2024 total traffic conditions
without the roundabout, therefore, a roundabout is not warranted at this time. Additional right-
of-way to accommodate the future construction of the roundabout should be required as part of
this application.
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3. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
PM Peak PM Peak Existing
Functional
Roadway Frontage Hour Hour Level Plus
Classification
Traffic Count of Service Project
Better than Better than
Black Cat Road 1,530-feet Minor Arterial 390
“D” “D”
Better than Better than
McMillan Road 0-feet Minor Arterial 335
“D” “D”
Principal Better than Better than
Ustick Road 0-feet 445
Arterial “D” “D”
* 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).
4. 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 south of McMillan Road was 7,704 on
1/23/2020.
The average daily traffic count for McMillan Road east of Black Cat Road was 4,905 on
1/31/2018.
The average daily traffic count for Ustick Road east of Black Cat Road was 7,041 on 5/8/2018.
C. Findings for Consideration
1. MSM Roundabout - Black Cat Road/San Remo Street
a. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM)
guide the right-of-way acquisition, collector street requirements, roundabout requirements, and
specific roadway features required through development. A new roundabout was identified on
the MSM. The new multi-lane roundabout is planned at the mid-mile at the Black Cat Road/San
Remo Street intersection.
b. Staff comments/Recommendation: The Master Street Map shows a multi-lane roundabout
located in the vicinity of the proposed intersection of San Remo Street and Black Cat Road. The
TIS indicated that the intersection meets ACHD level of service thresholds under 2024 total traffic
conditions without the roundabout, therefore, a roundabout is not warranted at this time.
Additional right-of-way should be dedicated to accommodate the future construction of the multi-
lane roundabout as shown below.
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San Remo
Street/Joy Way
2. Black Cat Road
a. Existing Conditions: Black Cat Road is improved with 2-travel lanes and no curb, gutter or
sidewalk abutting the site. There is 50 to 70-feet of right-of-way for Black Cat Road (17 to 20-
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.
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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 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 to construct 5-foot wide detached sidewalk
abutting the site on Black Cat Road.
d. Staff Comments/Recommendations: The applicant should be required to dedicate additional
right-of-way to total 48-feet from the centerline of Black Cat Road abutting the site. The
applicant’s proposal to construct the 5-foot wide detached concrete sidewalk meets District
policy and should be approved, as proposed. The applicant should be required to locate the
sidewalk a minimum of 41-feet from the centerline of Black Cat Road abutting the site. The
applicant may provide a permanent right-of-way easement for detached sidewalk located
outside the right-of-way. The applicant should also be required to widen the pavement on Black
Cat Road to 17-feet from the roadway centerline and construct a 3-foot wide gravel shoulder
abutting the site.
Per District Policy, the applicant should receive compensation for the right-of-way dedication for
Black Cat Road since this segment of Black Cat Road is listed in the CIP.
Bell Tower Drive and San Remo Street are proposed to be constructed to intersect Black Cat
Road with the development. The traffic impact study recommends the construction of a
dedicated northbound right turn lane and a dedicated southbound left turn lane on Black Cat
Road at Bell Tower Drive and San Remo Street. Consistent with the findings and
recommendations of the traffic impact study, staff recommends the construction of the turn
lanes. There is 70-feet of right-of-way (20-feet from centerline) on Black Cat Road at the
proposed Bell Tower Drive intersection and 50-feet of right-of-way (17-feet from centerline) at
the proposed San Remo Street intersection. The applicant should be required to dedicate
additional right-of-way at these intersections abutting the site to fit the turn lanes as necessary.
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The storage and taper lengths should be designed in accordance with the minimum AASHTO
and MUTCD standards. The storage length shall be a minimum of 100-feet in length. The
applicant will not be compensated by ACHD for pavement widening or additional right-of-way
dedication beyond the required right-of-way dedication.
3. San Remo Street/Joy Way
a. Existing Conditions: There are no collector roadways within the site.
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.
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.
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 Residential Collector that stubs to the site’s north property line. The
Residential 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 50 to 70-feet
of right-of-way.
Landscape Medians Policy: District policy 7205.5.15 states that landscape medians are
permissible where adequate pavement width is provided on each side of the median to
accommodate the travel lanes and where the following is provided:
The median is platted as right-of-way owned by ACHD.
The width of an island near an intersection is 12-feet maximum for a minimum distance of
150-feet. Beyond the 150-feet, the island may increase to a maximum width of 30-feet.
At an intersection that is signalized or is to be signalized in the future, the median width
shall be reduced to accommodate the necessary turn lane storage and tapers.
The Developer or Homeowners Association shall apply for a license agreement if
landscaping is to be placed within these medians.
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The license agreement shall contain the District’s requirements of the developer including,
but not limited to, a “hold harmless” clause; requirements for maintenance by the
developer; liability insurance requirements; and restrictions.
Vertical curbs are required around the perimeter of any raised median. Gutters shall slope
away from the curb to prevent ponding.
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.
c. Applicant Proposal: The applicant has proposed to construct the entry portion of San Remo
Street/Joy Way as a 54-foot wide street section with a 12-foot wide center landscape island,
two 21-foot wide travel lanes with vertical curb, gutter, an 8-foot wide planter strip and 5-foot
wide detached concrete sidewalks within 81-feet of right-of-way that is proposed to extend to
0.5-feet behind the back of sidewalk.
The applicant has proposed to construct the remaining portion of San Remo Street/Joy Way as
a 36-foot wide residential collector street with vertical curb, gutter, 8-foot wide planter strip, and
5-foot wide detached concrete sidewalks and stub the street to the north property line within 63-
feet of right-of-way that is proposed to extend to 0.5-feet behind the back of sidewalk.
MSM
Collector
San Remo
Street/Joy Way
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d. Staff Comments/Recommendations: The applicant’s proposal to construct San Remo/Joy
Way meets District policy and should be approved, as proposed. The applicant should be
required to dedicate additional right-of-way to 2-feet behind the back of sidewalk or the
applicant may provide a permanent right-of-way easement that extends from the right-of-way
line to 2-feet behind the back of sidewalk for detached sidewalk.
The entry roadway center landscape island should be platted as right-of-way owned by
ACHD. The applicant or homeowner’s association should enter into a license agreement with
ACHD for any landscaping proposed to be located within the center landscape island.
4. Internal Local Roads
a. Existing Conditions: There are no local roadways within the site.
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.
For the City of Kuna and City of Star: Unless otherwise approved by Kuna or Star, the standard
street section shall be 36-feet (back-of-curb to back-of-curb) for developments with any
buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and
minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within
50-feet of right-of-way.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some local
jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway
strip, the applicant may submit a request to the District, with justification, to reduce the width of
the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
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
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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.
Landscape Medians Policy: District policy 7207.5.16 states that landscape medians are
permissible where adequate pavement width is provided on each side of the median to
accommodate the travel lanes and where the following is provided:
The median is platted as right-of-way owned by ACHD.
The width of an island near an intersection is 12-feet maximum for a minimum distance of
150-feet. Beyond the 150-feet, the island may increase to a maximum width of 30-feet.
At an intersection that is signalized or is to be signalized in the future, the median width
shall be reduced to accommodate the necessary turn lane storage and tapers.
The Developer or Homeowners Association shall apply for a license agreement if
landscaping is to be placed within these medians.
The license agreement shall contain the District’s requirements of the developer including,
but not limited to, a “hold harmless” clause; requirements for maintenance by the
developer; liability insurance requirements; and restrictions.
Vertical curbs are required around the perimeter of any raised median. Gutters shall slope
away from the curb to prevent ponding.
c. Applicant’s Proposal: The applicant has proposed to construct the entry portion of Eynsford
Avenue as a 54-foot wide street section with a 12-foot wide center landscape island, two 21-
foot wide travel lanes with vertical curb, gutter, an 8-foot wide planter strip and 5-foot wide
detached concrete sidewalks within 81-feet of right-of-way that is proposed to extend to 0.5-
feet behind the back of sidewalk.
The applicant has proposed to construct the remaining local streets as 33-foot wide local street
sections with curb, gutter, an 8-foot wide planter strip, 5-foot wide detached concrete sidewalks
within 60-feet of right-of-way that is proposed to extend to 0.5-feet behind the back of sidewalk.
The applicant has also proposed to construct 3 knuckles and 3 cul-de-sacs.
d. Staff Comments/Recommendations: The applicant’s proposal to construct the local streets,
knuckles and cul-de-sacs meets District policy and should be approved, as proposed. The
applicant should be required to dedicate additional right-of-way to 2-feet behind the back of
sidewalk or, for detached sidewalk, provide a permanent right-of-way easement that extends
from the right-of-way line to 2-feet behind the back of sidewalk. The cul-de-sacs should be
constructed with a minimum radius of 45-feet.
The entry roadway center landscape island should be platted as right-of-way owned by ACHD.
The applicant or homeowner’s association should enter into a license agreement with ACHD
for any landscaping proposed to be located within the center landscape island.
5. Roadway Offsets
a. Existing Conditions: There are no roadways within the site.
b. Policy:
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Local Street Intersection Spacing on Minor Arterials: District policy 7205.4.3 states that
new local streets should not typically intersect arterials. Local streets should typically intersect
collectors. If it is necessary, as determined by ACHD, for a local street to intersect an arterial,
the minimum allowable offset shall be 660-feet as measured from all other existing roadways
as identified in Table 1a (7205.4.6).
Collector Street Intersection Spacing on Minor Arterials: District policy 7205.4.6 states that
the minimum spacing for new unsignalized collector roadways intersecting a minor arterial shall
align or offset a minimum of 1,320-feet as identified in Table 1a.
Collector Offset Policy: District policy 7206.4.5, states that the preferred spacing for a new
local street intersecting a collector roadway to align or offset a minimum of 330-feet from any
other street (measured centerline to centerline).
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).
c. Applicant’s Proposal: The applicant has proposed to construct a local road, Bell Tower Drive,
to intersect Black Cat Road located 1,180-feet south of Quintale Street, aligning centerline to
centerline with the new proposed road for Rapid Creek Subdivision.
The applicant has proposed to construct a collector road, San Remo Street, to intersect Black
Cat Road located 1,380-feet south of Bell Tower Drive.
The applicant has proposed to construct the following local streets to intersect Joy Way, a
proposed collector roadway:
Miramente Drive 300-feet south of Carlese Way
Assiss Way 300-feet north of Carlese Way
Capriana Way 200-feet north of a proposed stub street
Eynsford Avenue 530-feet east of Black Cat Road
d. Staff Comments/Recommendations: The applicant’s proposal to construct Bell Tower Drive
and San Remo Street onto Black Cat Road meets District policy and should be approved, as
proposed. The applicant’s proposal to construct Eynsford Avenue onto Joy Way meets District
policy and should be approved, as proposed.
The applicant’s proposal to construct Miramente Drive 300-feet south of Carlese Way, Assiss
Way 300-feet north of Carlese Way and Capriana Way 200-feet north of an unnamed stub street
to intersect Joy Way does not meet District Roadway Offset which requires local roads
intersecting a collector roadway to align or offset 330-feet and should not be approved, as
proposed. The applicant should be required to revise the site layout so all local roads
intersecting Joy Way align or are offset a minimum of 330-feet.
6. Stub Streets
a. Existing Conditions: There are no stub streets within the site.
b. Policy:
Stub Street Policy: District policy 7206.2.4.3 (collector)/ 7207.2.4.3 (local) states that stub
streets will be required to provide circulation or to provide access to adjoining properties. Stub
streets will conform with the requirements described in Section 7206.2.4 (collector)/ 7207.2.4
(local) 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.” or “THIS IS A DESIGNATED
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COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED 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: 7206.2.4.4 (collector)/ 7207.2.4.4 (local) 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 has proposed to stub Joy Way to the north property line
510-feet west of the east property line.
The applicant has proposed to construct Eynsford Avenue to stub to the south property line,
455-feet east of the west property line and construct an unnamed local stub street off Joy Way
to stub to the south property line 290-feet southwest of the east property line.
The applicant has also proposed to stub Sunny Side Avenue to the north property line 135-feet
west of the east property line.
d. Staff Comments/Recommendations: The applicant’s proposal to construct the stub streets
meets District policy and should be approved, as proposed, except for the location of the
unnamed stub street off Joy Way that is proposed to stub to the south property line. The
applicant should be required to construct the unnamed local stub street off Joy Way to align or
offest at least 330-feet from Capriana Drive to meet offset requirements for local roads
intersecting a collector road, as stated in Finding 5.
The applicant should be required to install a sign at the terminus of Joy Way stating that, “THIS
IS A DESIGNATED COLLECTOR ROADWAY. THIS ROAD WILL BE EXTENDED AND
WIDENED IN THE FUTURE.” The applicant should be required to install a sign at the terminus
of all local stub streets stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.”
Joy Way extends greater than 150-feet in length requiring the construction of a temporary
turnaround. The applicant should be required to construct a paved temporary turnaround
meeting the dimensional requirements of a standard cul-de-sac at the terminus of Joy Way.
The applicant should be required to grant a temporary turnaround easement to the District for
any portion 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.
7. Driveways – Black Cat Road
a. Existing Conditions: There is a 15-foot wide unpaved driveway onto Black Cat Road located
235-feet south of the north property line.
b. Policy:
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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 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.
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 driveway onto Black
Cat Road located 235-feet south of the north property line with sidewalk to match improvements
on either side.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
8. Traffic Calming
Speed Control and Traffic Calming Policy (Local): 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
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passive design element. These alternative methods may require maintenance and/or license
agreement.
a. Staff Comments/Recommendations: Capriana Drive is greater than 750-feet in length and will
need to be redesigned to reduce the length of the roadways or to include the use of passive
design elements. Speed humps/bumps and valley gutter will not be accepted as traffic calming.
The applicant should be required to submit a revised preliminary plat showing the redesigned
roadways for review and approval prior to ACHD’s signature on the first final plat.
9. Bridge for Five Mile Creek Crossing
The District will require that the applicant submit the bridge plans for the crossing of the Five Mile
Creek for review and approval prior to the pre-construction meeting and final plat approval. Note:
all plan submittals for bridges or pipe crossings of irrigation facilities should be submitted to ACHD
th
for review no later than December 15 for construction in the following year prior to irrigation
season.
10. 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.
11. 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.
12. Other Access
Black Cat Road is classified as a minor arterial. Joy Way and San Remo Street are classified as
collector roadways. 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 additional right-of-way to total 48-feet from the centerline of Black Cat Road abutting the
site. Compensation will be provided for the right-of-way dedication.
2. Widen the pavement on Black Cat Road abutting the site to total 17-feet from the centerline of the
roadway and construct a 3-foot wide gravel shoulder abutting the site.
3. Construct a 5-foot wide detached concrete sidewalk a minimum of 41-feet from the centerline of on
Black Cat Road abutting the site. Detached sidewalk placed outside of the right-of-way may be
located in a permanent right-of-way easement.
4. Construct Bell Tower Drive to intersect Black Cat Road 1,180-feet south of Quintale Street, aligning
centerline to centerline with the new proposed local road for Rapid Creek Subdivision, as proposed.
5. Construct San Remo Street to intersect Black Cat Road 1,380-feet south of Bell Tower Drive, as
proposed.
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6. Dedicate additional right-of-way to accommodate the future construction of the MSM multi-lane
roundabout planned at the mid-mile at the Black Cat Road/San Remo Street intersection.
7. Construct a dedicated northbound right turn lane and a dedicated southbound left turn lane on Black
Cat Road at Bell Tower Drive and San Remo Street.
8. Construct the entry portion of San Remo Street/Joy Way as a 54-foot wide street section with a 12-
foot wide center landscape island, two 21-foot wide travel lanes with vertical curb, gutter, an 8-foot
wide planter strip and 5-foot wide detached concrete sidewalks within 81-feet of right-of-way, as
proposed. Extend the right-of-way to 2-feet behind the back of sidewalk or provide a permanent
right-of-way easement from the right-of-way line to 2-feet behind the back of sidewalk. Dedicate the
island as right-of-way owned by ACHD. Enter into a license agreement with ACHD for any
landscaping proposed to be located within the center landscape island.
9. Construct the remaining portion of San Remo Street/Joy Way as a 36-foot wide residential collector
street with vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached concrete
sidewalks and stub the street to the north property line within 63-feet of right-of-way, as proposed.
Extend the right-of-way to 2-feet behind the back of sidewalk or provide a permanent right-of-way
easement from the right-of-way line to 2-feet behind back of sidewalk.
10. Construct Eynsford Avenue to intersect Joy Way/San Remo Street 530-feet east of Black Cat Road.
11. Construct the entry portion of Eynsford Avenue as a 54-foot wide street section with a 12-foot wide
center landscape island, two 21-foot wide travel lanes with vertical curb, gutter, an 8-foot wide
planter strip and 5-foot wide detached concrete sidewalks within 81-feet of right-of-way, as
proposed. Extend the right-of-way to 2-feet behind the back of sidewalk or provide a permanent
right-of-way easement from the right-of-way line to 2-feet behind the back of sidewalk. Dedicate the
island as right-of-way owned by ACHD. Enter into a license agreement with ACHD for any
landscaping proposed to be located within the center landscape island.
12. Construct the remaining local streets as 33-foot wide local street sections with curb, gutter, an 8-
foot wide planter strip, 5-foot wide detached concrete sidewalks within 60-feet of right-of-way, as
proposed. Extend the right-of-way to 2-feet behind sidewalk, or provide a permanent right-of-way
easement from the right-of-way line to 2-feet behind the back of sidewalk.
13. Construct 3 knuckles, as proposed.
14. Construct 3 cul-de-sacs, as proposed, with a minimum radius of 45-feet.
15. Offset all local roads intersecting Joy Way/San Remo Street a minimum of 330-feet.
16. Construct one collector street, Joy Way, to the north and stub the street 510-feet west of the east
property line, as proposed. Install a sign at the terminus of the stub street which states that, “THIS
IS A DESIGNATED COLLECTOR ROADWAY. THIS ROAD WILL BE EXTENDED AND WIDENED
IN THE FUTURE.”
17. Construct a paved temporary turnaround meeting the dimensional requirements of a standard cul-
de-sac at the terminus of Joy Way. Grant a temporary turnaround easement to the District for any
portion 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.
18. Construct two local streets to stub to the south property line:
Stub Eynsford Avenue 455-feet east of the west property line, as proposed.
A local street that aligns or is offset 330-feet from any other local street that intersects Joy
Way.
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Install a sign at the terminus of the stub streets which states that, “THIS ROAD WILL BE
EXTENDED IN THE FUTURE.”
19. Construct one local street, Sunny Side Avenue, to the north and stub the street 135-feet west of
the east property line, as proposed. Install a sign at the terminus of the stub street which states
that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.”
20. Close the existing driveway onto Black Cat Road located 235-feet south of the north property line
with sidewalk to match improvements on either side, as proposed.
21. Redesign Capriana Drive to reduce the length of the roadway or to include the use of passive design
elements and submit a revised preliminary plat showing the redesigned roadway for review and
approval prior to ACHD’s signature on the first final plat.
22. Submit the bridge plans for the crossing of the Five Mile Creek for review and approval prior to the
pre-construction meeting and final plat approval. Note: all plan submittals for bridges or pipe
th
crossings of irrigation facilities should be submitted to ACHD for review no later than December 15
for construction in the following year prior to irrigation season.
23. Other than the access specifically approved with this application, direct lot access is prohibited to
Black Cat Rod, Joy Way and San Remo Street and should be noted on the final plat.
24. 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.
25. Payment of impact fees is due prior to issuance of a building permit.
26. 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.
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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. 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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