PZ - ACHD Reply
1 Cherry Blossom Place/MPP18-0009/H-2018-0018
Development Services Department
Project/File: Cherry Blossom Place/ MPP18-0009/ H-2018-0018
This is a rezone from R-4 to R-8 and a preliminary plat consisting of 60 buildable lots
on 10.25 acres.
Lead Agency: City of Meridian
Site address: 615 W. Cherry Lane
Staff Approval: April 16, 2018
Applicant: Doug Jayo
Jayo Land Development Company, Inc.
10564 W. Business Park Lane
Boise, ID 83709
Representative: Jon Breckon
Breckon Land Design
6661 N. Glenwood Street
Garden City, ID 83714
Staff Contact: Dawn Battles & Austin Miller
Phone: 387-6218 & 387-6335
E-mail: dbattles@achdidaho.org
amiller@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of a rezone from R-4 (Medium
Low-Density Residential) to R-8 (Medium-Density Residential) and a preliminary plat consisting of
60 buildable lots and 10 common lots on 10.25 acres. The applicant’s proposal is consistent with
the City of Meridian’s comprehensive plan.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Medium-Low Density Residential/ Limited Office R-4 and L-O
South Medium-Low Density Residential R-4
East Medium Density Residential R-8
West Medium-Low Density Residential R-4
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Transit: Transit services are not available to serve this site.
5. Pathway Crossings: In shared use paths, the width of curb ramps runs and blended transitions
shall be equal to the width of the shared use path.
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6. New Center Lane Miles: The proposed development includes 0.4 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.
8. Capital Improvements Plan (CIP):
There are no roadways, bridges or intersections in the general vicinity of the project that are in the
Integrated Five Year Work Plan (IFYWP).
Fairview Avenue is listed in the CIP to be widened to 7-lanes from Meridian Road to Locust
Grove Road between 2031 and 2035.
Linder Road is listed in the CIP to be widened to 3-lanes from Franklin Road to Cherry Lane
between 2031 and 2035.
The intersection of Fairview Avenue and Locust Grove Road is listed in the CIP to be
widened to 7-lanes on the north leg, 7-lanes on the south, 8-lanes on the east, and 8-lanes
on the west leg, and signalized between 2021 and 2025.
The intersection of Cherry Lane and Linder Road is listed in the CIP to be widened to 4-
lanes on the north leg, 4-lanes on the south, 6-lanes on the east, and 5-lanes on the west
leg, and signalized between 2021 and 2025.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 562 additional vehicle trips per day
(10 existing); 59 additional vehicle trips per hour in the PM peak hour (1 existing), based on the
Institute of Transportation Engineers Trip Generation Manual, 9th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a two-lane principal arterial is “E” (690 VPH).
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD’s most current traffic counts.
The average daily traffic count for Cherry Lane west of Meridian Road was 24,972 on
November 14, 2017.
The average daily traffic count for Linder Road south of Cherry Lane was 12,241 on May 8,
2014.
Roadway Frontage Functional
Classification
PM Peak Hour
Traffic Count
PM Peak Hour
Level of Service
Existing Plus
Project
Cherry Lane 115-feet Principal
Arterial 1,295 Better than “E” Better than
“E”
Linder Road 0-feet Principal
Arterial 627 Better than “E” Better than
“E”
NW 7th Street 161-feet Local Street N/A N/A N/A
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C. Findings for Consideration
1. Cherry Lane
a. Existing Conditions: Cherry Lane is improved with 5-travel lanes, vertical curb, gutter, and
8-foot wide sidewalk abutting the site. There is 80-feet of right-of-way for Cherry Lane (37-
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.
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.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Cherry Lane is designated in the
MSM as a Mobility Corridor (Under Study) with 5-lanes and no on-street bike lanes.
c. Applicant Proposal: The applicant is not proposing any improvements to Cherry Lane
abutting the site.
d. Staff Comments/Recommendations: Cherry Lane is fully improved with 5-travel lanes, curb,
gutter and sidewalk abutting the site. Therefore, no additional right-of-way is required with this
application.
Consistent with ACHD’s Minor Improvements Policy, the applicant should be required to
correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and
sidewalk on Cherry Lane abutting the site.
2. NW 7th Street
a. Existing Conditions: NW 7th Street is improved with 2-travel lanes, 33-feet of pavement,
curb, gutter and no sidewalk abutting the site. There is 60-feet of right-of-way for NW 7th
Street (30-feet from centerline).
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.
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 t he 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
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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.
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 is not proposing any improvements to NW 7th Street
abutting the site.
d. Staff Comments/Recommendations: The applicant should construct 5-foot wide sidewalk
on NW 7th Street abutting the site.
The applicant should provide a permanent right-of-way easement to 2-feet behind the back of
sidewalk for any public sidewalk located outside of the dedicated right-of-way.
Consistent with ACHD’s Minor Improvements Policy, the applicant should be required to
correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW
7th Street abutting the site.
3. Local Roadways – McFadden Avenue, Cherry Blossom Place, Winsford
Court, Cedarburg Street
a. Existing Conditions: McFadden Avenue is constructed as a stub street to the east property
line of the site.
No local streets exist internal to 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.
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:
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Reduces vehicle miles traveled.
Increases pedestrian and bicycle connectivity.
Increases access for emergency services.
Reduces need for additional access points to the arterial street system
Promotes the efficient delivery of services including trash, mail and deliveries.
Promotes appropriate intra-neighborhood traffic circulation to schools, parks,
neighborhood commercial centers, transit stops, etc.
Promotes orderly development.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some
local jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District’s Tree Planting Policy. If no trees are to be planted in the
parkway strip, the applicant may submit a request to the District, with justification, to reduce
the width of the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of -way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
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.
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 is proposing to continue McFadden Avenue into the site
as a knuckle with curb, gutter and attached sidewalk to intersect with Cherry Blossom Place.
The applicant is proposing to construct Cherry Blossom Place and Winsford Court as 33 -foot
street sections with curb, gutter and 5-foot wide attached sidewalk within 47-feet of right-of-
way.
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The applicant is proposing to terminate Winsford Court in a cul-de-sac, approximately 440-feet
south of McFadden Avenue (measured centerline-to-centerline).
The applicant is proposing to construct Cedarburg Street as a 33-foot street section with curb
gutter and 5-foot wide sidewalk on the south side of Cedarburg Street and a 10-foot wide
pathway on the north side of Cedarburg Street within 52-feet of right-of-way.
d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and
should be approved as proposed.
The applicant should construct the cul-de-sac and the knuckle with a minimum 45-foot turning
radius.
4. Roadway Offsets
a. Existing Conditions: No local streets exist internal to the site.
b. Policy:
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 is proposing Cedarburg Street to intersect NW 7th
Street 420-feet north of Washington Street.
d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and
should be approved as proposed.
5. Driveways – 4th Street
a. Existing Conditions: There is an existing private cross access drive aisle on 4th Street
aligned with Cherry Avenue.
b. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7207.4.3, 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.
c. Applicant’s Proposal: The applicant is proposing to extend the existing private drive aisle to
serve 3 additional lots.
d. Staff Comments/Recommendations: The applicant should be required to pave the existing
drive aisle its full width and a minimum of 30-feet into the site from the edge of pavement on
4th Street.
6. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
7. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public
storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision
triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot
height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset
from stop signs. Landscape plans are required with the submittal of civil plans and must meet all
District requirements prior to signature of the final plat and/or approval of the civil plans.
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8. Other Access
Cherry Lane is classified as a principal arterial roadway. Direct lot access is prohibited to these
roadways and should be noted on the final plat.
D. Site Specific Conditions of Approval
1. Correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and sidewalk
on Cherry Lane abutting the site.
2. Construct 5-foot wide sidewalk on NW 7th Street abutting the site.
3. Provide a permanent right-of-way easement to 2-feet behind the back of sidewalk for any public
sidewalk located outside of the dedicated right-of-way.
4. Correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW 7th
Street abutting the site.
5. Continue McFadden Avenue into the site with curb, gutter and attached sidewalk to intersect
Cherry Blossom Place.
6. Construct the knuckle on McFadden Avenue with a minimum 45-foot back of curb radius.
7. Construct Cherry Blossom Place and Winsford Court as 33-foot street sections with curb, gutter
and 5-foot wide attached sidewalk within 47-feet of right-of-way.
8. Terminate Winsford Court in a cul-de-sac, approximately 440-feet south of McFadden Avenue, as
proposed.
9. Construct Cedarburg Street as a 33-foot street section with curb gutter and 5-foot wide sidewalk
on the south side of Cedarburg Street and a 10-foot wide pathway on the north side of Cedarburg
Street within 52-feet of right-of-way.
10. Construct the cul-de-sac and the knuckle with a minimum 45-foot turning radius.
11. Pave the existing drive aisle its full width and a minimum of 30-feet into the site from the edge of
pavement on 4th Street.
12. Direct lot access to Cherry Lane is prohibited and shall be noted on the final plat.
13. Payment of impact fees is due prior to issuance of a building permit.
14. 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.
8 Cherry Blossom Place/MPP18-0009/H-2018-0018
5. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior
to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho
shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
F. Conclusions of Law
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. Site Plan
2. Vicinity Map
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
9 Cherry Blossom Place/MPP18-0009/H-2018-0018
SITE PLAN
10 Cherry Blossom Place/MPP18-0009/H-2018-0018
VICINITY MAP
11 Cherry Blossom Place/MPP18-0009/H-2018-0018
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 mee ting
the developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for e-mail notification information.
12 Cherry Blossom Place/MPP18-0009/H-2018-0018
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.
13 Cherry Blossom Place/MPP18-0009/H-2018-0018
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 a ppeal 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 t he 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.