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HomeMy WebLinkAbout2021-03-22 ACHD Development Services Department AHD Project/File: MER21-0034/ H-2020-0122 This is a rezone application from R-4 to L-O to allow for the development of a 10,000 square foot office building on 1.16-acres. Lead Agency: City of Meridian Site address: 3175 N Ten Mile Road Vicinity Map Staff Approval: March 19, 2021 ;.T r W UsU Ck R(I Applicant: Vincent Rigby 4163 W Philomena Drive u 33 3 3,301 3.95— ails" y+ Meridian, ID 83646 'E „ �46' 320 y Representative: Mason and Associates 0. 3307 ' Angie Cuellar 3133 924 3rd Street South, Ste. B ' 2. �'- 3U7i�a'•p309' 'Q dn, r Nampa, ID 83651 070 Staff Contact: Mindy Wallace, AICP Phone: 387-6178 E-mail: mwallace(a)_achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a rezone application from R- 4 (Medium-low density Residential)to L-O (Limited Office)to allow for the development of a 10,000 square foot office building on 1.16-acres. A concept plan was provided as part of this application. The City of Meridian's Future Land Use Map designates this site as Medium density Residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North General Retail and Service Commercial C-G South Medium-low density Residential R-4 East Medium-low density Residential R-4 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. New Center Lane Miles: The proposed development includes 0.0 centerline miles of new public road. 6. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The impact fee assessment will not be released until the civil plans are approved by ACHD. 1 MER21-0034/ H-2020-0122 7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Ustick Road is scheduled in the IFYWP to be widened to 5-lanes from Ten Mile Road to Linder Road in 2025. • Ten Mile Road is listed in the CIP to be widened to 5-lanes from Ustick Road Cherry Lane between 2021 and 2025. • Ustick Road is listed in the CIP to be widened to 5-lanes from Black Cat Road to Ten Mile Road between 2026 and 2030. • Ustick Road is listed in the CIP to be widened to 5-lanes from Ten Mile Road to Linder Road between 2026 and 2030. • The intersection of Ten Mile Road and Cherry Lane is scheduled in the IFYWP to be widened to 7-lanes on the north leg, 7-lanes on the south, 7-lanes east, and 7-lanes on the west leg, and reconstructed/signalized between 2026 and 2030. • The intersection of Ustick Road and Black Cat Road is listed in the CIP to be widened to 7- lanes on the north leg, 7-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and reconstructed/signalized between 2026 and 2030. 8. 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 Ustick Road as a Level 3 facility that will be constructed as part of a future ACHD project and Ten Mile Road as an existing Level 2 facility. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 97 vehicle trips per day; 12 vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 10t" edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Ustick Road 200-feet Principal Arterial 521 Better than "E" Ten Mile Road 300-feet Minor Arterial 1,482 Better than "E" • Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH). * Acceptable level of service for a five-lane minor arterial is "E" (1,540 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 Ustick Road west of Ten Mile Road was 10,336 on 05/08/2018. 2 MER21-0034/ H-2020-0122 • The average daily traffic count for Ten Mile Road north of Cherry Lane was 26,120 on 09/28/2017. C. Findings for Consideration This application is for a rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 1. Ustick Road a. Existing Conditions: Ustick Road is improved with 5-travel lanes, a dedicated right turn lane, vertical curb, gutter, and 5-foot wide detached sidewalk abutting the site. There is 112-feet of right-of-way for Ustick Road (61-feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb)within 96- feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. 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 3 MER21-0034/ H-2020-0122 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 Ustick 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. Staff Comments/Recommendations: Ustick Road is fully improved with 5-travel lanes, a dedicated right turn lane, vertical curb, gutter, and sidewalk abutting the site, consistent with the MSM. Therefore, no additional right-of-way dedication or street improvements are required as part of this application. As part of a future development application, the applicant should be required to repair or replace any damaged or broken curb, gutter, and sidewalk on Ustick Road abutting the site, consistent with ACHD's Minor Improvements policy. 2. Ten Mile Road a. Existing Conditions: Ten Mile Road is improved with 6-travel lanes, vertical curb, gutter, and 5-foot wide sidewalk abutting the site. There is 103-feet of right-of-way for Ten Mile Road (60- feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb)within 96- feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. 4 MER21-0034/ H-2020-0122 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. 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 Ten Mile Road is designated in the MSM as a Residential Mobility Arterial with 5-lanes and on-street bike lanes, a 75-foot street section within 100-feet of right-of-way. c. Staff Comments/Recommendations: Ten Mile Road is fully improved with 6-travel lanes, vertical curb, gutter, and sidewalk abutting the site, consistent with the MSM. Therefore, no additional right-of-way dedication or street improvements are required as part of this application. As part of a future development application, the applicant should be required to repair or replace any damaged or broken curb, gutter, and sidewalk on Ten Mile Road abutting the site, consistent with District Minor Improvements policy. 3. Driveways 3.1 Ustick Road a. Existing Conditions: There are no existing driveways onto Ustick Road from the site. b. Policy Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1 b under District policy 7205.4.7, unless a waiver for the access point has been approved by the District Commission. Driveways, when approved on a principal arterial shall operate as a right-in/right-out only, and the District will require the construction of a raised median to restrict the left turning movements. Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right- in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways. Successive Driveways: District policy 7205.4.7 Table 1 b, requires driveways located on principal arterial roadways with a speed limit of 45 MPH to align or offset a minimum of 450-feet from any existing or proposed driveway. 5 MER21-0034/ H-2020-0122 Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8. c. Applicant's Proposal: The applicant's concept plan proposes a 25-foot wide right-in only driveway onto Ustick Road at the site's west property line. d. Staff Comments/Recommendations: The applicant's proposal does not meet District Access Management, Successive Driveway, and Driveway Location, as this driveway is proposed to be located within the influence are of the intersection, however, a right-in only driveway in this location was included as part of the right-of-way negotiation for ACHD's Ten Mile/Ustick Road intersection project. The driveway should be constructed as a right-in only driveway curb return type driveway as part of a future development application. 3.2 Ten Mile Road a. Existing Conditions: There are no existing driveways onto Ten Mile Road from the site. 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 1 a 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. Successive Driveways: District policy 7205.4.6 Table 1 a, requires driveways located on minor arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 330-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30- 6 MER21-0034/ H-2020-0122 feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8. c. Applicant's Proposal: The applicant's concept plan proposes a 25-foot wide right-in/right-out only driveway onto Ten Mile Road located at the site's south property line, approximately 377- feet south of Ustick Road. d. Staff Comments/Recommendations: The shown on the applicant's concept plan meets District policy and should be approved, as proposed. The right-in/right-out driveway should be constructed a curb return type driveway and restricted to right-in/right-out only with the installation of candles or a raised median as part of a future development application. 4. Tree Planters Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 5. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 6. Other Access Ustick Road and Ten Mile Road are classified as minor/principal arterials 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 This application is for a rezone only. Site specific conditions of approval will be established as part of the future development application. 1. 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. 2. Payment of impact fees is due prior to issuance of a building permit. 3. 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. 7 MER21-0034/ H-2020-0122 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled)are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property, which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 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. Appeal Guidelines 8 MER21-0034/ H-2020-0122 VICINITY MAP �' t. s`? f'l l{I41 Uwtic_k Y� �5ti tis►. .cur��.^_ _ � ;R —.'! —, l ,„ pdal JAI AO jum LF Jr wJ L ■ f r G �Q 9 MER21-0034/ H-2020-0122 SITE PLAN 0 0 s. I m I I r, I V i we arvLr U W. USTICK RD — - -- Os¢ , �; � ��✓�•I �NR r�P rnceene"WING sa I � uv o R, usarr HE.ACM I W I eo anrvanssrk�s�snlxsr.us � i * .' J I I Jlxrr* I Z W Z o LL sxLenrvc FEucs Ecry L� - � Iw n <r s 1w.o• y a v e � I z —TING rsrvce p -- cNEca�xn$o ALE$ N ; 0 �, •; �Fa� ���� oar 61� — ni rF4eniNclY sr I N 5 � � Exissiuc FervcE N nRca;eo Jessic.r LANDSCAPE PLAN JPe NO 1 � 10 MER21-0034/ H-2020-0122 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. 11 MER21-0034/ H-2020-0122 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. 12 MER21-0034/ H-2020-0122 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. 13 MER21-0034/ H-2020-0122