HomeMy WebLinkAbout2021-03-25 ACHD Final Staff Report Development Services Department
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Project/File: Winco Wells Subdivision and Seasons at Meridian/ MPP21-0006/ H-2021-00071
H-2020-0118
This is a preliminary plat application to subdivide 34.62 acres into 3 lots for commercial
and multi-family uses (Winco Wells Subdivision), and a conditional use permit
application to construct a multi-family development (Seasons at Meridian) on a 15.89
acre lot within the subdivision. The applicant is also requesting a modification to a
development agreement to include a conceptual plan for the 15.89 acre lot.
Lead Agency: City of Meridian
Site address: 2600 and 2700 E. Overland Road Vicinity Map
Staff Approval: March 19, 2021 `
Applicant: Tamara Thompson
The Land Group, Inc.
462 E. Shore Drive, Suite 100
Eagle, ID 83616 T �
Representative: Jonathan Fragoso E " 4 �-=I
Stonehill Morgan ,�. ii� �r
7301 Peak Drive Suite 200
Staff Contact: Paige Bankhead, E.I.
Phone: 387-6293
E-mail: pbankhead(cDachdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of a preliminary plat application
to subdivide 34.62 acres into 3 lots for commercial and multi-family uses (Winco Wells
Subdivision) and a conditional use permit application to construct a multi-family development
(Seasons at Meridian) with 360 units on a 15.89 acre lot within the subdivision. The applicant is
also requesting a modification to an existing development agreement to include a conceptual
development plan for the 15.89 acre that is consistent with a Mixed Use— Regional land use. The
site is zoned C-G (General Commercial).
The City of Meridian's Future Lane Use Map designates this area as Mixed Use — Regional.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North 1-84 Interstate
South Commercial C-G
East Estate Residential Ada Count R-1
West Commercial C-G
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3. Site History: ACHD staff previously reviewed the western portion of this site as WinCo Foods,
MER16-0056, approved in August 2016 and as Winco Wells Subdivision in 2017, MPP17-0042,
approved in December 2017. The requirements of this staff report are consistent with those of
the prior action.
4. Transit: Transit services are available to serve this site via Route 42.
5. 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.
6. New Center Lane Miles: The proposed development includes 0.21 centerline miles of new public
road.
7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time. The impact fee assessment will not be released until the civil plans are approved by ACHD.
8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Overland Road is listed in the CIP to be widened to 7-lanes from Locust Grove Road to Eagle
Road between 2036 and 2040.
• The intersection of Eagle Road and Overland Road is listed in the CIP to be widened to 7-
lanes on the north leg, 8-lanes on the south, 8-lanes east, and 8-lanes on the west leg, and
signalized between 2031 and 2035.
9. 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 Overland Road as a Level 3 facility that will be constructed as part of a
future ACHD project.
B. Traffic Findings for Consideration
1. Trip Generation: The Seasons at Meridian multi-family development is estimated to generate
1,959 additional vehicle trips per day and 158 additional vehicle trips per hour in the PM peak hour
based on the traffic impact study for the multi-family development.
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The WinCo Foods is estimated to generate 7,723 additional vehicle trips per day; 555 additional
vehicle trips per hour in the PM peak hour and 820 additional trips per hour in the Saturday peak
hour based on the traffic impact study that was completed in 2016 for the WinCo Foods.
The following table includes trip generation rates for anticipated land uses for the third lot, based
on the Institute of Transportation Engineers Trip Generation Manual, 10th edition.
Land Use Unit of Average Daily M Peak Hour
Measurement Trips rip Generation
Multifamily Housing (1-2 stories) Per Dwelling Unit 7.32 0.56
General Office Per 1,000 square 9.74 1.15
feet
Shopping Center Per 1,000 square 37.75 3.81
pp g feet
High-Turnover (Sit-Down) Per 1,000 Square 112.18 9.77
Restaurant feet
Fast Casual Restaurant Per 1,000 square 315.17 14.13
feet
Bread/Donut/Bagel Shop w/o Per 1,000 square N/A 28
Drive-thru feet
Coffee/Donut Shop w/o Drive- Per 1,000 square N/A 36.31
thru feet
2. Traffic Impact Study
SCJ Alliance prepared a traffic impact study for the proposed multi-family development. An
executive summary of the findings as presented by SCJ Alliance can be found as Attachment 3.
The following executive summary is not the opinion of ACHD staff. ACHD has reviewed the
submitted traffic impact study for consistency with ACHD policies and practices, and may have
additional requirements beyond what is noted in the summary. ACHD Staff comments on the
submitted traffic impact study can be found below under staff comments.
3 Winco Wells Subdivision/Seasons at
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Overland Road and the Intersections included in the traffic impact study.
a. Policy
Mitigation Proposals: Mitigation recommendations shall be provided within the report. At a
minimum, for each roadway segment and intersection that does not meet the minimum
acceptable level of service planning threshold or v/c ratio, the report must discuss feasible
measures to avoid or reduce the impact to the system. To be considered adequate, measures
should be specific and feasible. Mitigation may also include:
• Revision to the Phasing Plan to coincide with the District's planning Capital Projects.
• Reducing the scope and/or scale of the project.
Alternative Mitigation Measures: 7106.7.3 states that if traditional mitigation measures such
as roadway widening and intersection improvements are infeasible as determined by ACHD,
the TIS may recommend alternative mitigation measures. Alternative mitigation measures
shall demonstrate that impacts from the project will be offset.
• If the impacted roadway segments and/or intersections are programmed as funded in
the Integrated Five Year Work Plan (IFYWP) or the Capital Improvements Plan (CIP);
no alternative mitigation is required.
• If the impacted roadway segments and/or intersections are not programmed in either
the IFYWP or the CIP; the applicant may (i) analyze the shoulder hour and (ii) provide a
safety analysis to determine alternative mitigation requirements.
o If the impacted roadway segments and intersections meet the minimum
acceptable level of service planning thresholds in the shoulder hour the applicant
4 Winco Wells Subdivision/Seasons at
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may suggest feasible alternative mitigation such as: sidewalks, bike facilities,
connectivity, safety improvements, etc. within 1.5 miles of the proposed
development.
o If the shoulder hour planning thresholds are exceeded the applicant may request
to enter into a Development Agreement and pay into the Priority Corridor Fund
an amount determined by the ACHD to offset impacts from the project.
• Alternative Mitigation may also include:
o Revision to the Phasing Plan to coincide with the District's future Capital
Projects.
o Reducing the scope and/or scale of the project.
Level of Service Planning Thresholds: District Policy 7206.4.1 states that, Level of Service
Planning Thresholds have been established for principal arterials and minor arterials within ACHD's
Capital Improvement Plan and are also listed in section 7106. Unless otherwise required to provide
a Traffic Impact Study under section 7106, a proposed development with site traffic less than 10%
of the existing downstream roadway or intersection peak hour traffic shall not be required to provide
mitigation for a roadway or intersection that currently exceeds the minimum acceptable level of
service planning threshold or V/C ratio.
b. Staff Comments/Recommendations: ACHD has reviewed 2 traffic impact studies for this site: the
2016 WinCo Foods traffic impact study and the 2020 Seasons at Meridian multi-family (Seasons)
development. As part of ACHD's action on WinCo Foods directly west of the Seasons
development, that applicant was required to:
• Signalize the intersection of Wells Avenue/Overland Road,
• Construct Wells Avenue at its intersection with Overland Road with 4 travel lanes; one
receiving lane, a dedicated left-turn lane, a thru lane and a dedicated right-turn lane matching
the improvements on Wells Avenue south of Overland Road across from the site, and
• Construct a westbound dedicated right-turn lane on Overland Road at Wells Avenue.
The Seasons study also found that a signal was still warranted for the intersection of Wells
Avenue/Overland Road to mitigate the 2022 total traffic conditions without the WinCo Foods traffic
when Wells Avenue is constructed to intersect Overland Road. The Seasons study did not evaluate
if a westbound right-turn lane was warranted on Overland Road at Wells Avenue, but based on staff
analysis a westbound right-turn lane is still warranted on Overland Road under the 2022 total traffic
conditions without the WinCo Foods traffic. Therefore, the applicant should be required to signalize
the intersection of Wells Avenue/Overland Road and construct a dedicated westbound right-turn
lane on Overland Road when Wells Avenue is constructed to intersect Overland Road, consistent
with the TIS recommendations from the 2016 WinCo Foods and the 2020 Seasons studies. The
Seasons study indicated that the signalized intersection will operate at an acceptable level of
service under the 2022 full build out conditions with the WinCo Foods and Seasons developments.
The study indicated that turn lanes are not warranted on Wells Avenue for the access points for the
multi-family development, and turn lanes were not required on Cinema Drive or Wells Avenue as
part of ACHD's action on WinCo Foods. However, as part of ACHD's action on WinCo Wells
Subdivision, the applicant was required to restrict the driveway that is proposed to be 285-feet north
of Overland to right-in/right-out only with a 6-inch raised median that starts at the Wells
Avenue/Overland Road intersection and extends north 75-feet beyond the edge of the driveway.
The applicant should be required to restrict the driveway that is proposed 285-feet north of Overland
Road as right-in/right-out only consistent with ACHD's action on WinCo Wells Subdivision.
5 Winco Wells Subdivision/Seasons at
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The study recommended widening of Overland Road to 7-lanes at the intersection with Eagle Road
or adjusting the signal cycle length at the intersection from 140 seconds to 210 seconds for the
intersection to mitigate the existing, 2022 background and 2022 full buildout traffic conditions. This
intersection is listed in the 2020 CIP to be widened to 7-lanes on the north leg, 8-lanes on the south,
8-lanes east, and 8-lanes on the west leg, and signalized between 2031 and 2035. In addition, the
site traffic at this intersection is only 2.1% of the 2022 total traffic. Therefore, consistent with
District's Alternative Mitigation Measures Policy, which states that if an impacted roadway segment
or intersection are programmed as funded in the IFYWP, or the CIP; no mitigation is required, and
the District's Level of Service Planning Thresholds Policy, which states that a proposed
development with site traffic less than 10% of the existing downstream roadway or intersection peak
hour traffic shall not be required to provide mitigation for a roadway or intersection that currently
exceeds minimum acceptable level of service planning threshold or V/C ratio; no improvements are
required at the Overland Road/Eagle Road intersection with this development.
The study also recommended mitigation measures for the Eagle Road/I-84 WB Ramp intersections
under the existing, 2022 background and 2022 full build out traffic conditions. These intersections
are within the Idaho Department of Transportation's (ITD) right-of-way. The applicant, ITD and the
City of Meridian work together to determine if additional right-of-way or improvements are
necessary at these intersections.
3. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Functional PM Peak PM Peak Existing
Roadway Frontage Classification Hour Hour Level Plus
Traffic Count of Service Project
Principal Better than Better than
Overland Road 1,330-feet Arterial 1,375 "Y "Y
* Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH).
4. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Overland Road east of Locust Grove Road was 25,490 on
10/21/2020.
C. Findings for Consideration
1. South Meridian Transportation Plan (SMTP)
The South Meridian Transportation Plan (SMTP) is a long range planning tool used to identify future
roadway, intersection, and corridor needs in the South Meridian Area, providing a framework for
future roadway improvements based on the land use designations. The plan was created in
collaboration with the City of Meridian and was adopted by the ACHD Commission in September of
2009. The SMTP recommends preserving right-of-way for the future widening of Overland Road
abutting the site to 7-lanes and the construction of 7-foot wide detached sidewalks on Overland
Road abutting the site.
2. Overland Road/Wells Avenue Intersection
Consistent with ACHD's action on the WinCo Foods development, and the recommendations and
findings of the 2020 Seasons TIS, the applicant should be required to signalize the Wells
Avenue/Overland Road intersection and widen Overland Road to provide a dedicated westbound
right-turn lane at Wells Avenue when Wells Avenue is constructed to intersect Overland Road. As
6 Winco Wells Subdivision/Seasons at
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part of ACHD's 2004 Overland Road widening project, the signal poles were installed at the Wells
Avenue/Overland Road intersection in anticipation of ACHD signalizing the intersection when
warrants are met. ACHD will provide the hardware for the signal which should be designed and
installed by the applicant. The applicant will need to obtain plan approval and enter into a signal
agreement with ACHD prior to ACHD's final approval of the final plat.
The signal agreement should include requirements that the intersection be designed as a 4 X 5
intersection with a dedicated westbound right-turn lane on Overland Road, construct four 12-foot
wide lanes on the Wells Avenue southbound approach; one receiving lane, one dedicated left-turn
lane, a thru-lane and a dedicated right-turn lane; and that the applicant is responsible for all costs
associated with the design and installation of the signal and that the improvements are not eligible
for reimbursement by ACHD.
In order to ensure the Wells Avenue/Overland Road intersection will be improved when warranted,
the following items must be in place prior to ACHD's approval of the final plat:
• Signal Agreement
• Full design and approved plans for the intersection
The applicant should provide additional right-of-way dedication as needed to accommodate the
westbound dedicated right-turn lane on Overland Road. Construction of the dedicated right-turn
lane on Overland Road will require the relocation of existing power poles that run along the north
side of Overland Road. The applicant should be required to coordinate the relocation of the power
poles with Idaho Power.
3. Overland Road
a. Existing Conditions: Overland Road is improved with 5-travel lanes, vertical curb, gutter, and
7-foot wide attached sidewalk abutting the site. There is 90 to 100-feet of right-of-way for
Overland Road (45-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 7-lane street section shall be 96-feet(back-of-curb to back-of-curb)within 120-
feet of right-of-way. This width typically accommodates three travel lanes in each direction, a
continuous raised or landscaped median with intermittent turn lanes, and safety shoulders.
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.
7 Winco Wells Subdivision/Seasons at
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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
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 Overland Road is designated in the
MSM as a Mobility Arterial with 7-lanes and bike lanes, a 96-foot street section within 124-feet
of right-of-way.
c. Applicant Proposal: The applicant has not proposed any improvements to Overland Road
abutting the site.
d. Staff Comments/Recommendations: Consistent with the CIP and MSM, the applicant should
be required to dedicate additional right-of-way to total 62-feet from the centerline of Overland
Road abutting the site. Compensation will be provided for this right-of-way dedication since this
segment of Overland Road is listed in the CIP.
The applicant should be required to construct a dedicated westbound right-turn lane on
Overland Road at Wells Avenue when Wells Avenue is constructed to intersect Overland Road.
Additional right-of-way should be dedicated to accommodate the turn-lane. Compensation will
not be provided for additional pavement widening or right-of-way dedication beyond what is
required in the CIP.
Overland Road is already improved with vertical curb, gutter and sidewalk abutting the site.
Therefore, no additional street improvements should be required as part of this application.
Consistent with ACHD's Minor Improvements Policy, the applicant should be required to replace
any broken or deteriorated segments of curb, gutter and sidewalk abutting the site.
4. Wells Avenue and Cinema Drive
a. Existing Conditions: There are no existing roadways within the site. There is one commercial
road, Cinema Drive, that stubs to the site's west property line.
b. Policy:
Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible
for improving all commercial street frontages adjacent to the site regardless of whether or not
access is taken to all of the adjacent streets.
8 Winco Wells Subdivision/Seasons at
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Street Section and Right-of-Way Policy: District Policy 7208.5 states that right-of-way widths
for new commercial streets shall typically be 50 and 70-feet wide and that the standard street
section will vary depending on the need for a center turn lane, bike lanes, volumes, percentage
of truck traffic, and/or on-street parking.
• A 36-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and on-street parking.
• A 40-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and a center turn lane.
• A 46-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and a center turn lane and bike lanes.
Sidewalk Policy: District Policy 7208.5.6 requires a concrete sidewalks at least 5-feet wide to
be constructed on both sides of all commercial streets. If a separated sidewalk is proposed, 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.
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.
c. Applicant's Proposal: The applicant has proposed to construct Wells Avenue at its intersection
with Overland Road as a 72-foot wide street section with vertical, curb, gutter and 5-foot wide
attached concrete sidewalk within 86-feet of right-of-way. The applicant has proposed to taper
the street section to the north and construct it as a 40-foot wide commercial street section with
vertical curb, gutter, and 5-foot wide detached concrete sidewalks within 54-feet of right-of-way.
The applicant has proposed to terminate Wells Avenue at its intersection with Cinema Drive.
The applicant has proposed to extend Cinema Drive into the site from its terminus at the site's
west property line and terminate the street at its intersection with Wells Avenue. The applicant
has proposed to construct Cinema Drive as a 40-foot wide commercial street section with
vertical curb, gutter and 5-foot wide attached concrete sidewalks within 54-feet of right-of-way
to match the existing street section for Cinema Drive to the west.
9 Winco Wells Subdivision/Seasons at
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d. Staff Comments/Recommendations: The applicant's proposal to extend Cinema Drive into
the site as a 40-foot wide street section with curb, gutter and sidewalk within 54-feet of right-of-
way and terminate it at Wells Avenue meets District Policy, however, this is not consistent with
ACHD's prior action for WinCo Foods which required Cinema Drive to be extended into the site
and widened to a 46-foot wide commercial street section. The applicant should be required to
extend Cinema Drive into the site as a 40-foot wide street section, as proposed, and then widen
the road as it extends east to a 46-foot wide commercial street section with vertical curb, gutter
and 5-foot wide attached concrete sidewalks within 60-feet of right-of-way so that the center
turn lane can be used for the 2 driveways on the north and south sides of Cinema Drive,
consistent with ACHD's action on WinCo Foods.
The applicant's proposal to construct Wells Avenue at its intersection with Overland Road as a
72-foot wide street will exceed the street section width that is required for the lane configuration
at the intersection. The applicant should be required to configure the north leg of the intersection
with one receiving lane, a dedicated left-turn lane, a thrudane and a dedicated right-turn lane to
match the improvements on Wells Avenue south of Overland Road across from the site.
The applicant's proposal to taper Wells Avenue to a 40-foot wide commercial street section for
within 54-feet of right-of-way meets District Policy, but is not consistent with ACHD's prior action
for WinCo Foods which required Wells Avenue to be constructed as a 46-foot wide street
section. The applicant should be required to construct Wells Avenue as a 46-foot wide
commercial street section with vertical curb, gutter and 5-foot wide attached concrete sidewalk
within a minimum of 60-feet of right-of-way consistent with ACHD's prior action for WinCo
Foods.
5. Roadway Offsets
a. Existing Conditions: There are no roadways within the site.
b. Policy:
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Local Street Intersection Spacing on Principal Arterials: District policy 7205.4.3 states that
new local streets should not typically intersect arterials. Local streets should typically intersect
collectors. If it is necessary, as determined by ACHD, for a local street to intersect an arterial,
the minimum allowable offset shall be 1,320-feet as measured from all other existing roadways
as identified in Table 1 b (7205.4.7).
Local Offset Policy: District policy 7208.4.2, requires commercial roadways intersecting other
local streets (residential, industrial or commercial) to provide a minimum offset of 125-feet from
any other roadway or intersection (measured centerline to centerline).
c. Applicant's Proposal: The applicant has proposed to construct Wells Avenue to intersect
Overland Road so that it aligns centerline to centerline with Wells Avenue to the south of
Overland Road.
The applicant has proposed to construct Cinema Drive to intersect Wells Avenue 460-feet north
of Overland Road.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved, as proposed.
6. Driveways
6.1 Overland Road
a. Existing Conditions: There is one 70-foot wide paved curb return type driveway from the site
onto Overland Road that aligns centerline to centerline with Wells Avenue on the south side of
Overland Roads.
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 40 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.
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Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross
access utilizes a single vehicular connection that serves two or more adjoining lots or parcels
so that the driver does not need to re-enter the public street system.
c. Applicant's Proposal: The applicant has proposed to construct a 24-foot wide emergency
access driveway from the site onto Overland Road located 60-feet west of the site's east
property line.
The applicant has proposed to use the existing 70-foot wide driveway onto Overland Road to
construct Wells Avenue that aligns centerline to centerline with Wells Avenue to the south of
Overland Road.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved, as proposed. The applicant should be required to restrict the emergency
access to emergency access only with a gate or bollards, located outside of the right-of-way,
as approved by the Meridian Fire Department. The applicant should be required to close any
unused portions of the existing 70-foot driveway when Wells Avenue is constructed to intersect
Overland Road at that location with vertical curb, gutter and sidewalk to match the existing
improvements on Overland Road.
6.2 Wells Avenue and Cinema drive
a. Existing Conditions: There are no roadways within the site.
b. Policy:
Driveway Location Policy: District policy 7208.4.1 requires driveways near intersections to be
located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street
intersection, and 150-feet from the nearest collector/arterial or arterial street intersection.
Successive Driveways: District Policy 7208.4.1 states that successive driveways away from an
intersection shall have no minimum spacing requirements for access points along a local street,
but the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7208.4.3 restricts commercial driveways to a maximum
width of 40-feet. Most commercial driveways will be constructed as curb-cut type facilities.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7208.4.3, 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.
Driveway Design Requirements: District policy 7208.4.3 states if an access point is to be gated,
the gate or keypad (whichever is closer) shall be located a minimum of 50-feet from the near edge
of the intersection and a turnaround shall be provided.
c. Applicant's Proposal: The applicant has proposed to construct the following driveways onto
Wells Avenue:
• One 40-foot wide paved curb return type driveway that aligns centerline to centerline with
Cinema Drive, and
• One 28-foot wide paved curb return type driveway located 285-feet north of Overland
Road.
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The applicant has proposed to construct the following driveways onto Cinema Drive:
• One 40-foot wide paved curb return type driveway that aligns centerline to centerline with
Wells Avenue,
• Two 26-foot wide paved curb return type driveways on the north and south side of Cinema
Drive located 218-feet west of Wells Avenue,
• Two 26-foot wide paved curb return type driveways on the north and south side of Cinema
Drive located 420-feet west of Wells Avenue, and
• One 34-foot wide paved curb return type driveway on the north side of Cinema Drive
located 635-feet west of Wells Avenue.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should
be approved, as proposed. The applicant should be required to install stop signs on all legs of the
Wells Avenue/Cinema Drive intersection.
Consistent with ACHD's action on the WinCo Wells Subdivision, the driveway that is proposed
onto Wells Avenue 285-feet north of Overland Road is approved as a right-in/right-out only
driveway. This driveway should be restricted to right-in/right-out only due to the high vehicle
volumes anticipated on Wells Avenue south of Cinema Drive which may lead to additional
stacking on Overland Road as vehicles wait to turn left into the driveway. The applicant should be
required to restrict the driveway to right-in/right-out with a 6-inch raised median that starts at the
Wells Avenue/Overland Road intersection and extends north a minimum of 75-feet beyond the
edge of the driveway.
The applicant should be required to pave all driveways their full width and a minimum of 30-feet
into the site beyond the edge of pavement for the public roadway.
7. 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.
8. 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.
9. Other Access
Overland Road is designated as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to these roadways and should be noted
on the final plat.
D. Site Specific Conditions of Approval
1. Dedicate additional right-of-way to total 62-feet from the centerline of Overland Road abutting the
site. Compensation will be provided for the right-of-way dedication.
2. Construct a westbound dedicated right-turn lane on Overland Road when Wells Avenue is
constructed to intersect Overland Road. Dedicate additional right-of-way to accommodate the turn-
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lane. Compensation will not be provided for additional right-of-way dedication beyond what is listed
in the CIP or for pavement widening.
3. Construct Wells Avenue to intersect Overland Road to align centerline to centerline with Wells
Avenue on the side south of Overland Road, as proposed. Close any unused portions of the existing
70-foot driveway approach where Wells Avenue will be constructed to intersect Overland Road with
vertical curb, gutter and sidewalk to match the existing improvements on Overland Road.
4. Construct Wells Avenue with 4 lanes at its intersection with Overland Road; one receiving lane, a
dedicated left turn lane, a thrudane and a dedicated right-turn lane matching the improvements on
Wells Avenue on the south side of Overland Road across form the site. As Wells Avenue extends
north, taper the roadway to a 46-foot wide commercial street section with vertical curb, gutter and
5-foot wide attached concrete sidewalk within 60-feet of right-of-way.
5. Enter into a signal agreement with ACHD for the installation of the signal at the Overland
Road/Wells avenue intersection. The signal agreement should include requirements that the
intersection be designed as a 4 X 5 intersection with a dedicated westbound right-turn lane on
Overland Road, construct four 12-foot wide lanes on the Wells Avenue southbound approach; one
receiving lane, one dedicated left-turn lane, a thru-lane and a dedicated right-turn lane; and that the
applicant is responsible for all costs associated with the design and installation of the signal and
that the improvements are not eligible for reimbursement by ACHD.
In order to ensure the Wells Avenue/Overland Road intersection will be improved when warranted,
the following items must be in place prior to ACHD's approval of the final plats:
• Signal Agreement
• Full design and approved plans for the intersection
6. Extend Cinema Drive into the site as a 40-foot wide commercial street section with vertical curb,
gutter and 5-foot wide attached concrete sidewalk within 54-feet of right-of-way, as proposed, and
then widen the road as it extends east to a 46-foot wide commercial street section with vertical curb,
gutter and 5-foot wide attached concrete sidewalks within 60-feet of right-of-way.
7. Construct Cinema Drive to intersect Wells Avenue 460-feet north of Overland Road, as proposed.
8. Construct one 20-foot wide paved driveway from the site onto Overland Road located 60-feet west
of the site's east property line, as proposed. Restrict the driveway to emergency access only with
a gate or bollards located outside of the right-of-way, as approved by the Meridian Fire Department.
9. Construct a 40-foot wide paved curb return type driveway onto Wells Avenue that aligns centerline
to centerline with Cinema Drive, as proposed.
10. Construct a 28-foot wide paved curb return type driveway onto Wells Avenue located 280-feet north
of Overland Road. Construct a 6-inch raised median on Wells Avenue at the access that starts at
the Wells Avenue/Overland Road intersection and extends north a minimum of 75-feet beyond the
edge of the driveway.
11. Construct the following driveways onto Cinema Drive, as proposed:
• One 40-foot wide paved curb return type driveway that aligns centerline to centerline with Wells
Avenue,
• Two 26-foot wide paved curb return type driveways on the north and south side of Cinema Drive
located 218-feet west of Wells Avenue,
• Two 26-foot wide paved curb return type driveways on the north and south side of Cinema Drive
located 420-feet west of Wells Avenue, and
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• One 34-foot wide paved curb return type driveway on the north side of Cinema Drive located
635-feet west of Wells Avenue.
12. Pave all driveways their full width and a minimum of 30-feet into the site beyond the edge of
pavement for Wells Avenue and Cinema Drive.
13. Other than access specifically approved with this application, direct lot access is prohibited to
Overland Road and should be noted on the final plat.
14. 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.
15. Payment of impact fees is due prior to issuance of a building permit.
16. 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.
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.
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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. TIS Executive Summary
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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17 Winco Wells Subdivision/Seasons at
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SITE PLAN
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18 Winco Wells Subdivision/Seasons at
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Meridian Multifamily
Traffic Impart Study
Executive Summary
Morgan Holdings plans to construct the Meri&bn Muftfrainify project located at 2700 Overland Road in
Meridian,Idaho_The project will consist of 360 residential units, multiple park spaces,a clubhouse,and
an outdoor pool area_
This report has been prepared to provide the traffic analysis and project information forthe City of
Meridian and Ada County Highway District(ACHD)in reviewing the development proposal.Operational
analysis has been prepared for existing 2020 conditions and conditions expected in 2022 with and
without completion of the development_
Project Summary
At full occupancy and operation,the project is estimated to generate approximately 130 new-to-
network trip ends duringthe AM peak hour and 158 new-to-network trip ends duringthe PM peak hour_
The development will be accessed by two full access driveways located on an extension of S Wells
Avenue_The proposed extension of S Wells Avenue and a traffic signal at the S Wells Avenue/E Overland
Road intersection are included as part of the proposed WinCo Foods development immediately west of
the project site_An emergency access driveway is proposed on E Overland Road at the east end of the
site.
Operational Results
Roadway and intersection analysis of the study area was conducted for the existing conditions and
projected conditionsfor the2022 opening yearof the project Based onthe level of service standards
established by ACHD,there are some projected deficiencies in the 2M horizon year_
E Overland Road/S Eagle Road
This intersection currently operates with av/c ratio of 1.00 d u ri ng the PM peak hour,which in creases to
above 1.00 in the 2022 horizon year with and without the project.Additionally,the intersection is
projected to operate with a v/c ratio over 1.00 for the eastbound left-turn lane group during bath peak
periods and the northbound through/northbound right-turn lane group in the PM peak hourwith and
without the project_ACHD has a planned improvement to address these deficiencies in the 2031-2035
horizon.
In the interim,this intersection was evaluated to determine what improvements would result in the
intersection a nd a l l Ian a grou ps o pe rating with a v/c ratio be low 1.00_It was determin ed that retiming
the traffic signal in the projected 2022 horizon with project would,for both peak periods,improve the
intersection and all lane groups to a vfc ratio below 1.00_The suggested signal timing change should
accommodatethe existing coordinati on of the corridor.The analysis results and traff ic signal timings are
included in Appendix D_The proposed Aderidian r►daftifamdy project will represent less than 10%for the
intersection and each of the lane groups_
1-84 WB Ramps/S Eagle Road
This intersection is projected to operate with an overall v/c ratio over 1.00 for all scenarios during the
PM peak hour_Additionally, by the 2022 horizon with project the northbound left-turn and southbo Lin d
5CJ Alliance January 2021 1 Page 1
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Meridian Multdamily
Traffir Impart Study
right-tum lane groups are projected to exreed 1.00 duringthe PM peak hour_ACHO does not have an
improvement idertifiedatthis location_
Intersection improvements were evaluated at this intersechonto bring the overally/c ratio and each
lane group v/c ration below 1.00 for the 2022 with project horizon_The following package of
improvements is projected to reduce all the v/c ratios below the 1.00 standard=
+ Restripe the west southbound through lane to be a shared through-right lane, providing a
second south bound right-turn lane for vehicles turning onto 1-24.This would require providing a
short 2'an-ramp lane that would merge with the existing on-ramp lane.
• Construct a second northbound left-turn lane pocket_
• Constructathirdnorthboundth rough Iane_This wvuIdrequire the existingwestboundcurbside
right-turn lane to merge with the third northbound S Eagle Road lane rather than have the lane
be added as part of the right-turn movement_However,since the westhound right-turn
movement is currently prohibited from making a right turn on red,this should not affertthe
operation of that movement_
The proposed Meridian Muftifamily project will represent less than 1W.for each of the lane groups and
the overall intersection
Traffic Signal Warrant Analysis at S Wells Ave/S Eagl@ RGtom Overland Road
A WinCo Foods grocery store is planned to be constructed adjacent to the proposed Mffridian
fi. uttifornily project.As part of that project an extension of S Wells Avenue and traffic signal control at
the S Wells Avenue/E Overland Road intersection will be constructed_The WinCo Foods project and
these mitigation improvements were assumed in the background for this analysis_An additional analysis
scenario was developed and evaluated forthe 2022 opening year horizon that did not include the 4YnCo
Foods_Under existing stop control the S Wells AvenueJE Overland Road intersection is projected to
operate at LOS F for delay,with v/c ratios over 1.00 for both stop-controlled approaches_Traffic signal
warrants were prepared for the 8-hour,4-hour,and peak hour,with the intersection meeting all three
wa rrants for the north bou nd ap proach.
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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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