HomeMy WebLinkAbout2023-08-31 ACHD Alexis Pickering,President
Jim D. Hansen,Vice-President
ACHD David McKinney,Commissioner
Kent Goldthorpe,Commissioner
Miranda Gold,Commissioner
August 31, 2023
To: JD Planning and Consulting
Jorre Delgado
1109 W. Main Street
Boise, Idaho 83702
Subject: MER23-0094/ H-2023-0048
1475 E. Franklin Road
Meridian Oz Project— Conditional Use Permit
On Date of prior action, the Ada County Highway District approved MER22-0126/H-2022-0073 or
Meridian Oz Apartments for a conditional use permit and modification to an existing development
agreement to construct five 12-plex multi-family buildings, consisting of 60 units on 2.39 acres. The site-
specific conditions of approval also apply to MER23-0094/ H-2023-0048 or Meridian Oz Project.
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
Renata Ball-Hamilton
Planner
Development Services
cc: City of Meridian (Sonya Allen), Via Email
connecting you to more
Ada County Highway District•377S Adams Street•Garden City,ID•83714• PH 208387-6100• FX 34S-76S0•www.achdidaho.org
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).Private Utilities including sewer or water systems are prohibited from
being located within the ACHD right-of-way.
2. In accordance with District policy, 7203.6, 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.
3. 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.
4. 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.
5. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6. 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.
7. 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.
8. 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.
9. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
10. 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.
11. 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.
CHD
Mary May, President
Alexis Pickering,Vice-President
6�J �.�h ® Jim D. Hansen, 2nd Vice President
O1W 4';f Pi0[r-to 54"Clel Kent Goldthorpe,Commissioner
Dave McKinney,Commissioner
November 16, 2022
To: Realm Venture Group
Jorre Delgado
1109 W. Main Street, Suite 700
Boise, Idaho 83702
Subject: MER22-0126/ H-2022-0073
1475 E. Franklin Road
Meridian Oz Apartments
The applicant is requesting a conditional use permit and a modification to an existing
development Agreement with the City of Meridian to remove the subject property from the
agreement and enter into a new agreement for the proposed five 12-plex multi-family building
development consisting of 60 dwelling units on 2.39 acres.
A. Findings of Fact
1. Franklin Road
a. Existing Conditions: Franklin Road is improved with 5-travel lanes, on-street bike
lanes, vertical curb, gutter, and 7-foot wide attached concrete sidewalk abutting the
site. There is 87 to 96-feet of right-of-way for Franklin Road (45 to 53-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
Ada County Highway District•3775 Adams Street•Garden City,ID•83714• PH 2O8-387-6100• FX 345-7650•www.achdidaho.org
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 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 Franklin Road is
designated in the MSM as a Planned Commercial Arterial with 5-lanes and on-street
bike lanes, a 72-foot street section within 96-feet of right-of-way.
c. Applicant's Proposal: The applicant is not proposing any street improvements to
Franklin Road abutting the site.
d. Staff Comments/Recommendations: Franklin Road is fully improved consistent with
the MSM; therefore, staff recommends no additional right-of-way dedication or street
improvements should be required as part of this application.
Consistent with the District's Minor Improvements Policy, the applicant should be
required to repair or replace any damaged or deteriorated portions of vertical curb,
gutter, and sidewalk on Franklin Road abutting the site.
2. Locust Grove Road
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
a. Existing Conditions: Locust Grove Road is improved with 5-travel lanes, on-street
bike lanes, vertical curb, gutter, and 8-foot wide concrete sidewalk abutting the site.
There is 96-feet of right-of-way for Locust Grove Road (49-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 replacement; curb and gutter construction or replacement;
replacement of unused driveways with curb, gutter, and sidewalk; installation or
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
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 Locust Grove Road
is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike
lanes, a 72-foot street section within 96-feet of right-of-way.
c. Applicant's Proposal: The applicant is not proposing any street improvements to
Locus Grove Road abutting the site.
d. Staff Comments/Recommendations: Locust Grove Road is fully improved;
therefore, staff recommends no additional right-of-way dedication or street
improvements should be required as part of this application.
Consistent with the District's Minor Improvements Policy, the applicant should be
required to repair or replace any damaged or deteriorated portions of vertical curb,
gutter, and sidewalk on Locust Grove Road abutting the site.
3. Driveways
3.1 Franklin Road
a. Existing Conditions: There is an existing 18-foot wide curb return full access
driveway from the site onto Franklin Road located 465-feet west of Locust Grove Road
(measured property line to centerline).
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.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
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.
Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as
that which"is permitted for use until appropriate alternative access becomes available."
Temporary access may be granted through a development agreement or similar
method, and the developer shall be responsible for providing a financial guarantee for
the future closure of the driveway.
c. Applicant's Proposal: The applicant is proposing to reconstruct the existing 18-foot
wide curb return type driveway located 465-feet west of Locust Grove Road as a 26-
foot wide curb return full access driveway.
d. Staff Comments/Recommendations: The applicant's proposal to reconstruct the
existing 18-foot wide driveway onto Franklin Road as a 26-foot wide full access
driveway does not meet District Access and Driveway Location polices, which require
driveways to operate as a right-in/right-out only on a principal arterial, that states
access shall be taken from a lesser classified street, and should not be approved, as
proposed.
The applicant should be required to close the existing driveway onto Franklin Road
located 465-feet west of Locust Grove Road with vertical curb, gutter and 7-foot wide
concrete sidewalk to tie into the existing improvements on either side.
Or, if access is required by the fire department, then the applicant should provide
written proof to ACHD from the appropriate fire department and restrict the access with
a gate or bollards located outside of the right-of-way as determined by the appreciate
fire department.
3.2 Locust Grove Road
a. Existing Conditions: There are no existing driveways onto Locust Grove.
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
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
take access to the higher classified street due to a lack of frontage, the minimum
allowable spacing shall be based on Table 1a under District policy 7205.4.6, unless a
waiver for the access point has been approved by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located on
minor arterial roadways from a signalized intersection with a single left turn lane shall
be located a minimum of 330-feet from the nearest intersection for a right-in/right-out
only driveway and a minimum of 660-feet from the intersection for a full-movement
driveway.
District policy 7205.4.5 requires driveways located on minor arterial roadways from a
signalized intersection with a dual left turn lane shall be located a minimum of 330-feet
from the nearest intersection for a right-in/right-out only driveway and a minimum of
710-feet from the intersection for a full-movement driveway.
Successive Driveways: District policy 7205.4.6 Table 1a, requires driveways located
on minor arterial roadways with a speed limit of 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.
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.
Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as
that which "is permitted for use until appropriate alternative access becomes available."
Temporary access may be granted through a development agreement or similar
method, and the developer shall be responsible for providing a financial guarantee for
the future closure of the driveway.
c. Applicant's Proposal: The applicant is not proposing to construct any driveways onto
Locust Grove Road.
d. Staff Comments/Recommendations: Locust Grove Road is a lesser classified street;
therefore, the applicant should be required to construct a 24 to 30-foot wide curb return
type driveway from the site onto Locust Grove Road located 525-feet south of Franklin
Road (measured centerline-to-centerline) and in alignment with the existing driveway
on the east side of Locust Grove Road across from the site.
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.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
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
Franklin Road is classified as a principal arterial roadway, and Locust Grove Road is
classified as a minor arterial roadway. Other than the access specifically approved with
this application, direct lot access is prohibited to these roadways.
B. Site Specific Conditions of Approval
1. Repair or replace any damaged or deteriorated portions of curb, gutter, and sidewalk on
Franklin Road or Locust Grove Road abutting the site.
2. Close the existing driveway onto Franklin Road located 465-feet west of Locust Grove
Road with vertical curb, gutter and 7-foot wide concrete sidewalk to tie into the existing
improvements on either side.
3. Or if this access is required by the fire department, provide written proof to ACHD from the
appropriate fire department and restrict the access with a gate or bollards located outside
of the right-of-way as determined by the appropriate fire department.
4. Construct a 24 to 30-foot wide curb return type driveway onto Locust Grove Road located
525-feet south of Franklin Road and in alignment with the existing driveway on the east
side of Locust Grove Road, across from the site.
5. Other than the access specifically approved with this application, direct lot access is
prohibited to Franklin Road and Locust Grove Road.
6. A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a
building permit. Please contact the ACHD Planner (see below) for information regarding
impact fees.
7. 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.
8. Comply with the Standard Conditions of Approval as noted below.
C. Traffic Information
Trip Generation
This development is estimated to generate 394 additional vehicle trips per day (10 existing);
and 30 additional vehicle trips per hour in the PM peak hour(1 existing), based on the Institute
of Transportation Engineers Trip Generation Manual, 11th edition.
Condition of Area Roadways: Traffic Count is based on Vehicles per hour(VPH)
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Franklin Road 133-feet Principal Arterial 860 Better Than "E"
Locust Grove Road 119-feet Minor Arterial 996 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).
Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD's most current
traffic counts
• The average daily traffic count for Franklin Road east of Locust Grove Road was
19,758 on October 9,2019.
• The average daily traffic count for Locust Grove Road south of Franklin Road was
22,043 on October 30, 2019.
D. Attachments
1. Vicinity Map
2. Site Plan
3. Standard Conditions of Approval
4. Appeal Guidelines
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
4") .
Renata Ball-Hamilton
Planner
Development Services
cc: City of Meridian (Sonya Allen), Via Email
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
VICINITY MAP
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Ada County Highway District•3775 Adams Street•Garden City,ID•83714• PH 2O8-387-6100• FX 345-7650•www.achdidaho.org
SITE PLAN
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Ada County Highway District•3775 Adams Street•Garden City,ID•83714• PH 2O8-387-6100• FX 345-7650•www.achdidaho.org
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, 7203.6, 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.
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.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org
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.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 2O8-387-6100•FX 345-7650•www.achdidaho.org