2020-11-10 ACHD
Development Services Department
Project/File: Daphne Square Subdivision/ MPP20-033/ H-2020-0101
This is an annexation and preliminary plat application to allow for the develop 30 lots
single family lots attached homes and 3 common lots on 4.97 acres.
Lead Agency: City of Meridian
Site address: 4700 W. McMillan Road
Vicinity Map
Commission
Meeting: XXXX, 2020
Staff Approval: XXXX, 2020
Applicant: Matt Schultz
8421 S. Ten Mile Road
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 rezone 4.97 acres to R-15 and a preliminary plat application to develop 30 lots for
single family attached homes and 3 common lots on 4.97 acres.
This property is zoned RUT (Rural Urban Transition). The City of Meridian Future Land Use Map
designates this area as Low Density Residential.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Medium-Density Residential R-8
South Rural Urban Transition (Ada County) RUT
East Rural Urban Transition (Ada County) RUT
West Medium High-Density Residential R-15
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:
Brody Square, a preliminary plat consisting of 65 buildable lots, 7 common lots and 2 other
lots on 15 acres located directly north of the site and approved by ACHD on May 1, 2020.
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Jump Creek Subdivision, a preliminary plat consisting of 318 single family lots and 2 multi-
family lots located directly west of the site and was approved by ACHD in October 2014 and
is in various phases of development.
5. Transit: Transit services are not available to serve this site.
6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use
paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared
use path.
AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection
Treatments: The opening of a shared use path at the roadway should be at least the same width
as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the
path, not including any flared sides if utilized. Detectable warnings should be placed across the full
width of the ramp.
FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related
concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average
width of the trail to improve safety for users who will be traveling at various speeds. In addition, the
overall width of the trail should be increased, so the curb ramp can be slightly offset to the side.
The increased width reduces conflict at the intersection by providing more space for users at the
bottom of the ramp.
7. New Center Lane Miles: The proposed development includes 0.12 centerline miles of new public
road.
8. 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.
9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
An interim signal is scheduled in the IFYWP to be installed at the intersection of McMillan
Road and Black Cat Road in 2021.
McMillan Road is listed in the CIP to be widened to 3-lanes from Black Cat Road to Ten Mile
Road between 2031 and 2035.
Black Cat Road is listed in the CIP to be widened to 5-lanes from McMillan Road to Chinden
Boulevard between 2036 and 2040.
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 constructed between 2031 and 2035.
10. Roadways to Bikeways Master Plan: ACHD’s Roadways to Bikeways Master Plan (BMP) was
adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to
implement the Planned Bicycle Network to support bicycling as a viable transportation option for
Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of
good repair in order to ensure they are consistently available for use, promote awareness of existing
bicycle routes and features and support encouragement programs and to facilitate coordination
and cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan
recommendations.
The BMP identifies Black Cat Roads as a Level 3 facility and McMillan Road as a Level 2
facility that will be constructed as part of a future ACHD project.
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B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 210 additional vehicle trips per day
(10 existing); 16 additional vehicle trips per hour in the PM peak hour (1 existing), based on the
th
Institute of Transportation Engineers Trip Generation Manual, 10 edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
Functional PM Peak Hour PM Peak Hour Level of
Roadway Frontage
Classification Traffic Count Service
Black Cat Road 285-feet Minor Arterial 205 Better than “D”
McMillan Road 635-feet Minor Arterial 335 Better than “D”
* 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 south of Chinden Boulevard was 3,839 on
05/08/2018.
The average daily traffic count for McMillan Road west of Ten Mile Road was 4,905 on
01/31/2018.
C. Findings for Consideration
1. City of Meridian Pathways Master Plan
The western and southern boundaries of the site adjacent to McMillan Road and Black Cat Road
are designated for a pathway in the City of Meridian’s Pathways Master Plan. The pathway is
specified to be a 10-foot wide concrete or asphalt pathway. The pathway is designed to
accommodate two-way bicycle and pedestrian traffic.
2. MSM Roundabout - Black Cat Road/McMillan Road
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 Black Cat Road/McMillan Road
intersection that is offset to the north.
b. Staff comments/Recommendation: The Master Street Map shows a multi-lane roundabout
located at the intersection of McMillan Road and Black Cat Road that is offset to the north. The
applicant should be required to dedicate additional right-of-way to accommodate the future
construction of the multi-lane roundabout as shown below and in Attachment 3.
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3. Black Cat Road
a. Existing Conditions: Black Cat Road is improved with 2-travel lanes and transitions to 3-travel
lanes at the site’s north property line 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
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District’s planter width policy if trees are to be placed
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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 100-feet of right-of-way.
c. Applicant Proposal: The applicant has also proposed to dedicate additional right-of-way to
total 50-feet from the centerline of Black Cat Road abutting the site. The applicant has proposed
to widen the pavement on Black Cat Road to total 17-feet from the centerline of the roadway
abutting the site with a 3-foot wide gravel shoulder. The applicant has also proposed to construct
a 5-foot wide detached concrete sidewalk located 43-feet from the centerline of the Black Cat
Road abutting the site within right-of-way.
d. Staff Comments/Recommendations: The applicant’s proposal meet District Policy and the
MSM and should be approved, as proposed. If a 10-foot wide concrete pathway is required by
the City of Meridian per their Pathways Plan, then that would satisfy the requirement for a
sidewalk.
4. McMillan Road
a. Existing Conditions: McMillan Road is improved with 2-travel lanes and no curb, gutter or
sidewalk abutting the site. There is 68-feet of right-of-way for Black Cat Road (26-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 Policy 7205.2.1 & 7205.5.2 states
that the standard 3-lane street section shall be 46-feet (back-of-curb to back-of-curb) within 70
feet of right-of-way. This width typically accommodates a single travel lane in each direction, a
continuous center left-turn lane, and bike lanes.
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
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arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District’s planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen
the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder
adjacent to the entire site. Curb, gutter and additional pavement widening may be required
(See Section 7205.5.5).
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of McMillan Road is designated in the
MSM as a Residential Arterial with 3-lanes and on-street bike lanes, a 46-foot street section
within 74-feet of right-of-way.
c. Applicant Proposal: The applicant has also proposed to dedicate additional right-of-way to
total 50-feet from the centerline of McMillan Road abutting the site. The applicant has proposed
to widen the pavement on McMillan Road to total 17-feet from the centerline of the roadway
abutting the site with a 3-foot wide gravel shoulder. The applicant has also proposed to construct
a 5-foot wide detached concrete sidewalk located 43-feet from the centerline of McMillan Road
abutting the site within right-of-way.
d. Staff Comments/Recommendations: The applicant’s proposal to widen the pavement and
construct a 5-foot wide detached concrete sidewalk abutting the site on McMillan Road meets
District Policy and the MSM and should be approved, as proposed. The applicant’s proposal to
dedicate additional right-of-way to total 50-feet outside of the roundabout extents exceeds the
MSM which requires 37-feet of right-of-way from the centerline of the roadway. At a minimum,
the applicant should be required to dedicate additional right-of-way for McMillan Road outside
of the roundabout extents abutting the site to total 37-feet from the centerline of the roadway.
The applicant may also locate the sidewalk a minimum of 30-feet from the centerline of the
McMillan Road abutting the site. If a 10-foot wide concrete pathway is required by the City of
Meridian per their Pathways Plan, then that would satisfy the requirement for a sidewalk.
It appears there is an existing irrigation ditch or lateral abutting the site on McMillan Road. The
applicant should relocate all existing irrigation facilities outside of the right-of-way with this
development.
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5. Internal Local Roadways
a. Existing Conditions: There are no local roadways within the site. There is a local roadway,
Brody Avenue, that is proposed to stub to the site’s north property line. This street is not yet
constructed and was approved as part of ACHD’s action on Brody Square Subdivision.
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.
Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a
street in an approved preliminary plat, which ends at a boundary of a proposed development
shall be extended in that development. The extension shall include provisions for continuation
of storm drainage facilities. Benefits of connectivity include but are not limited to the following:
Reduces vehicle miles traveled.
Increases pedestrian and bicycle connectivity.
Increases access for emergency services.
Reduces need for additional access points to the arterial street system.
Promotes the efficient delivery of services including trash, mail and deliveries.
Promotes appropriate intra-neighborhood traffic circulation to schools, parks,
neighborhood commercial centers, transit stops, etc.
Promotes orderly development.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some local
jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway
strip, the applicant may submit a request to the District, with justification, to reduce the width of
the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
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A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to
provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the
emergency service providers may require a greater radius. Landscape and parking islands may
be constructed in turnarounds if a minimum 29-foot street section is constructed around the
island. The pavement width shall be sufficient to allow the turning around of a standard
AASHTO SU design vehicle without backing. The developer shall provide written approval from
the appropriate fire department for this design element.
The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case
basis. This will be based on turning area, drainage, maintenance considerations and the written
approval of the agency providing emergency fire service for the area where the development is
located.
c. Applicant’s Proposal: The applicant has proposed to extend Brody Avenue into the site and
construct the internal local roadways as 33-foot wide street sections with rolled curb, gutter, and
8-foot wide planter strips within 37-feet of right-of-way that extends to 2-feet behind the back of
curb on each side. The applicant has proposed to construct a 5-foot wide detached concrete
sidewalk located outside of the right-of-way.
The applicant has also proposed to construct 1 cul-de-sac with a radius of 56-feet.
Staff Comments/Recommendations: The applicant’s proposal to construct the local streets
as a 33-foot side street section with curb, gutter and sidewalk meets District Policy and should
be approved, as proposed. For detached sidewalks located outside of the right-of-way, the
applicant should be required to provide a permanent right-of-way easement that extends from
the right-of-way line to 2-feet behind the back of sidewalk.
The applicant’s proposal to construct a cul-de-sac with a 56-foot radius exceeds the District’s
Cul-de-sac Policy which requires cul-de-sacs to be constructed with a minimum turning radius
of 45-feet and should be approved, as proposed.
6. Stub Streets
a. Existing Conditions: There are no roadways within the site.
b. Policy:
Stub Street Policy: District policy 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 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.”
In addition, stub streets must meet the following conditions:
A stub street shall be designed to slope towards the nearest street intersection within the
proposed development and drain surface water towards that intersection; unless an
alternative storm drain system is approved by the District.
The District may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
Temporary Dead End Streets Policy: District policy 7207.2.4.4 (local) requires that the design
and construction for cul-de-sac streets shall apply to temporary dead end streets. The
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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 construct a local street, Riva Capri Street,
to stub to the site’s east property line located 120-feet south of the site’s north property line.
d. Staff Comments/Recommendations: The applicant’s proposal meets District Policy and
should be approved, as proposed. Since the stub street is less than 150-feet in length, a
temporary turnaround will not be required per District Policy.
7. Driveways
7.1 McMillan Road
a. Existing Conditions: There is an existing unpaved 12-foot wide driveway from the site onto
McMillan Road located 102-feet west of the site’s east property line.
b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.6 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 45 MPH to align or offset a minimum of 380-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-
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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.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
streets adjacent to a proposed development may be required. These improvements are to
correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or
replacement; curb and gutter construction or replacement; replacement of unused driveways
with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement
repairs; signs; traffic control devices; and other similar items.
c. Applicant’s Proposal: The applicant has proposed to close the existing driveway located 102-
feet west of the site’s east property line with sidewalk.
d. Staff Comments/Recommendations: The applicant’s proposal meet District Policy and
should be approved, as proposed.
8. 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.
9. 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.
10. Other Access
McMillan Road and Black Cat Road are classified as minor arterial roadways. 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 abutting the site on McMillan Road and Black Cat Road for the
construction of the future roundabout shown on the MSM and listed in the CIP per the template in
Attachment 3.
2. Dedicate additional right-of-way to total 50-feet from the centerline of the Black Cat Road abutting
the site, as proposed.
3. Widen the pavement on Black Cat Road to total 17-feet from the centerline of the roadway abutting
the site with a 3-foot wide gravel shoulder, as proposed. Construct a 5-foot wide detached concrete
sidewalk located a minimum of 43-feet from the centerline of Black Cat Road.
4. Dedicate additional right-of-way for McMillan Road abutting the site to total a minimum of 37-feet
from the centerline of the roadway.
5. Widen the pavement on McMillan Road to total 17-feet from the centerline of the roadway abutting
the site with a 3-foot wide gravel shoulder, as proposed. Construct a 5-foot wide detached concrete
sidewalk located a minimum of 30-feet from the centerline of McMillan Road.
6. Construct Brody Avenue into the site and construct the internal local roadways as 33-foot wide
street sections with rolled curb, gutter, 8-foot wide planter strips and 5-foot wide concrete sidewalks
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within 47-feet of right-of-way. For detached sidewalks located outside of the right-of-way, dedicate
right-of-way to extend 2-feet behind the back of curb and provide a permanent right-of-way
easement that extends from the right-of-way line to 2-feet behind the back of sidewalk.
7. Construct one local stub, Riva Capri Street, street to the site’s east property line located 120-feet
south of the site’s north property line, as proposed. A temporary turnaround is not required if the
street is less than 150-feet in length.
8. Close the existing 12-foot wide unpaved driveway located 102-feet west of the site’s east property
line with sidewalk, as proposed.
9. Construct 1 cul-de-sac, as proposed, with a minimum radius of 45-feet.
10. Direct lot access is prohibited to McMillan Road and Black Cat Road and should be noted on the
final plat.
11. 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.
12. Payment of impact fees is due prior to issuance of a building permit.
13. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities
Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA
compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACHD Standards
unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and
certify all improvement plans.
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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. Multi-lane Roundabout Template
4. Utility Coordinating Council
5. Development Process Checklist
6. Request for Reconsideration Guidelines OR Appeal Guidelines
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VICINITY MAP
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SITE PLAN
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OFFSET MULTI-LANE ROUNDABOUT TEMPLATE
Roundabout for McMillan Rd/Black Cat Rd will be offset to the north, see below aerial image.
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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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