HomeMy WebLinkAbout2024-01-24 ACHD Development Services Department
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Project/File: Ultra Clean Car Wash / MER23-0108 / H-2023-0073/A-2023-0156
This is a conditional use permit, a design review and a certificate of zoning compliance
application to allow for the development of a 5,600 square foot car wash on 3-acres.
Lead Agency: City of Meridian
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Site address: 715 E. Fairview Avenue J
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Staff Approval: January 24, 2024
Applicant: Stephanie Hopkins &
Connor Lindstrom •fir
KM Engineering „ ,V ram. r
5725 N. Discovery Way
Boise, ID 83713 � ,€_
Staff Contact: Dawn Battles, Senior Planner
Phone: 387-6218
E-mail: dbattles(a)achdidaho.org
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A. Findings of Fact
1. Description of Application: The applicant is requesting approval for a conditional use permit,
design review and certificate of zoning compliance application to allow for the development of a
5,600 square foot car wash on 3-acres. The site is zoned C-G (General Retail & Service
Commercial) and the applicant's proposal is consistent with the City of Meridian's future land use
map which designates this site as Commercial.
2. Description of Adjacent Surrounding Area:
Direction ILand Use Zoning
North General Retail & Service Commercial C-G
South Medium-High Density Residential R-15
East General Retail & Service Commercial C-G
West Medium-High Density Residential R-15
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Promenade Cottages, a mixed-use development consisting of 45 lots on 8-acres, located west
of the site at the southeast corner of Fairview Avenue and NE V Street and was approved by
ACHD in July 2022.
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5. Transit: Transit services are not available to serve this site.
6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use
paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared
use path.
AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection
Treatments: The opening of a shared use path at the roadway should be at least the same width
as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the
path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the
full width of the ramp.
FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related
concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average
width of the trail to improve safety for users who will be traveling at various speeds. In addition, the
overall width of the trail should be increased, so the curb ramp can be slightly offset to the side.
The increased width reduces conflict at the intersection by providing more space for users at the
bottom of the ramp.
7. New Center Lane Miles: The proposed development includes 0 centerline miles of new public
road.
8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time. The impact fee assessment will not be released until the civil plans are approved by ACHD.
9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Fairview Avenue is scheduled in the IFYWP to be widened to 7-lanes from Locust Grove Road
to SH-55 (Eagle Road) in 2025.
• Locust Grove Road is scheduled in the IFYWP to be widened to 5-lanes from Fairview Avenue
to Ustick Road with the design year in 2026 and the construction year has not been
determined.
• The intersection of Fairview Avenue and Locust Grove Road is scheduled in the IFYWP to be
widened to 7-lanes on the north leg, 7-lanes on the south, 9-lanes on the east, and 9-lanes
on the west leg, plus enhanced pedestrian and bike facilities and intersection lighting in 2025.
• Fairview Avenue is listed in the CIP to be widened to 7-lanes from Meridian Road to Locust
Grove Road between 2036 and 2040.
10. Roadways to Bikeways Master Plan: ACHD's Roadways to Bikeways Master Plan (BMP) was
adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to
implement the Planned Bicycle Network to support bicycling as a viable transportation option for
Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of
good repair in order to ensure they are consistently available for use, promote awareness of existing
bicycle routes and features and support encouragement programs and to facilitate coordination and
cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan
recommendations.
The BMP identifies Fairview Avenue as Level 3 facilities that will be constructed as part of a future
ACHD project. The BMP also identifies existing Level 1 facilities on 2nd and a Half Street and Main
Street located west of the site.
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B. Traffic Findings for Consideration
1. Trip Generation: The Institute of Transportation Engineers Trip Generation Manual does not
provide an average daily trip for this type of use; and this site is estimated to generate 80 vehicle
trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip
Generation Manual, 11th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Fairview Avenue 325-feet Principal Arterial 1,396 Better than "E"
* Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Fairview Avenue east of Main Street was 27,960 on August
27, 2023.
C. Findings for Consideration
1. Fairview Avenue
a. Existing Conditions: Fairview Avenue is improved with 5-travel lanes, vertical curb, gutter,
and 10-foot wide attached concrete sidewalk abutting the site. There is 101 to 108-feet of right-
of-way for Fairview Avenue (46 to 48-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 81-feet(back-of-curb to back-of-curb)within 124-
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 curbs and gutters. A
7-lane road shall also include a minimum 10-foot multi-use path outside the curb line on both
sides with an 8-foot buffer from back-of-curb. Other Level 3 bike facility treatments as defined
in the ACHD Bike Master Plan may be approved at the discretion of the ACHD Development
Review Supervisor.
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.
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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.
Pedestrian Facilities: 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 8-feet wide
between the back-of-curb and street edge of the sidewalk is required to provide increased safety
and protection of pedestrians. Alternatively, on roadways identified for improvement in the
Capital Improvement Plan, a minimum 10-foot multi-use path may be required. The path shall
be placed in accordance with planned buildout in the Master Street Map with a minimum 8-foot
planter strip as measured to the closest edge of the path. Street trees are encouraged between
the pedestrian facility and the roadway when irrigation and maintenance will occur by the
adjacent property owner or HOA through an approved license agreement. Consult the District's
planter width policy if trees are to be placed within the parkway strip. In some instances, to
match existing conditions, a minimum 7-foot sidewalk may be constructed next to the back-of-
curb. ACHD Development Review staff will be responsible for determining the required facility.
Vertical hardscape alternatives to street trees may be considered in the buffer space when
street trees are not practicable.
Detached sidewalks and multi-use paths are encouraged and should be parallel to the adjacent
roadway. Pedestrian facilities will only be allowed to deviate from a straight line parallel to the
roadway when authorized by Development Review Staff to accommodate site specific
conditions (i.e., street trees, utilities, etc.).
Appropriate easements shall be provided if public pedestrian facilities 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 pedestrian facility. Pedestrian facilities shall
either be located wholly within the public right-of-way or wholly within an easement.
Curb ramps or blended transitions shall be provided to connect the pedestrian route at each
pedestrian street crossing in accordance with the current version of PROWAG. Provide
detectable warning surface in accordance with the current version of PROWAG.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen
the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder
adjacent to the entire site. Curb, gutter and additional pavement widening may be required
(See Section 7205.5.5).
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
Highways adjacent to a proposed development may be required. These needed transportation
facilities are to correct deficiencies or replace deteriorated facilities. Included are sidewalk
and/or bike lane construction or replacement (with physical buffers if missing and needed);
construction of transitional sidewalk segments; crosswalk construction or replacement; curb and
gutter construction or replacement; repair, replacement or expansion of curb extensions;
replacement of unused driveways with curb, gutter, sidewalk, repair or addition of traffic calming
or speed mitigation features; installation or reconstruction of pedestrian ramps; pavement
repairs; signs, motor vehicle, pedestrian and bicycle traffic control devices; and other similar
items. The current version of PROWAG will determine the applicable accessibility requirements
for alterations and elements added to existing streets. ACHD staff is responsible for identifying
the minor improvements that would be proportionate to the size and complexity of the
development.
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 Fairview Avenue is designated in the
MSM as a Mobility Arterial with 7-lanes, a minimum 10-foot wide multi-use path located outside
the curb line, and an 81-foot street section within 124-feet of right-of-way.
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c. Applicant Proposal: The applicant is not proposing any street improvements to Fairview
Avenue abutting the site.
The applicant is proposing to dedicate additional right-of-way to total 62-feet from centerline of
Fairview Avenue abutting the site.
d. Staff Comments/Recommendations: Fairview Avenue is improved with 5-travel lanes,
vertical curb, gutter and concrete sidewalk; therefore, no additional street improvements should
be required.
The applicant's proposal to dedicate additional right-of-way to total 62-feet from centerline of
Fairview Avenue abutting the site meets District policy and should be approved, as proposed.
Compensation should be provided, as this segment of Fairview Avenue is listed in the CIP.
Consistent with District Minor Improvements policy, the applicant should be required to repair
or replace any damaged or deficient transportation facilities on Fairview Avenue abutting the
site as determined by ACHD staff and consistent with the current version of PROWAG.
2. Driveways
2.1 Fairview Avenue
a. Existing Conditions: There are no existing driveways from the site onto Fairview Avenue.
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 35 MPH to align or offset a minimum of 355-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.
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Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access by people
using any mode of transportation as that which "is permitted for use until appropriate alternative
access becomes available". Temporary access by people using any mode of transportation
appropriate for the context 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.
Cross Motor Vehicle Access Easements/Shared Motor Vehicle Access Policy: District
Policy 7202.4.1 states that cross motor vehicle access utilizes a single vehicular connection
that serves two or more adjoining lots or parcels so that the driver of a motor vehicle does not
need to re-enter the Highway street system.
c. Applicant's Proposal: The applicant is proposing to construct a 30-foot wide curb return full
access type driveway onto Fairview Avenue located in alignment with a driveway on the north
side of Fairview Avenue across from the site and 76-feet west of an existing driveway located
on the adjacent parcel to the east.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy with the
exception of District Access policy which requires driveways to operate as a right-in/right-out
only and should not be approved as proposed. Additionally, although the driveway aligns with
the driveway on the north side of Fairview Avenue across from the site, the driveway offsets the
existing driveway on the adjacent parcel to the east 76-feet. Therefore, staff recommends that
the applicant should be required to construct a 30-foot wide curb return type driveway onto
Fairview Avenue located 152-feet east of Barbara Drive (measured centerline-to-centerline).
The applicant should be required to restrict the driveway with the installation of`candle' barriers.
The candles should extend from the edge of the driveway a minimum of 75-feet beyond the
driveway.
3. Special Recommendation to City of Meridian Cross Access
The District limits access points onto arterial roadways as part of development to help reduce
conflicts. To assist in achieving this goal, it is recommended that City of Meridian require the
applicant to grant cross access to the parcel to the east (S1107120807) and drive aisles are
designed to facilitate the necessary access between the parcels.
4. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
5. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm
drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle
at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop
signs. Landscape plans are required with the submittal of civil plans and must meet all District
requirements prior to signature of the final plat and/or approval of the civil plans.
6. Other Access
Fairview Avenue is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway.
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D. Site Specific Conditions of Approval
1. Dedicate additional right-of-way to total 62-feet from centerline of Fairview Avenue abutting the site,
as proposed. Compensation will be provided.
2. Repair or replace any damaged or deficient transportation facilities on Fairview Avenue abutting
the site as determined by ACHD staff and consistent with the current version of PROWAG.
3. Construct a 30-foot wide curb return type driveway onto Fairview Avenue located 152-feet east of
Barbara Drive. Restrict the driveway to right-in/right-out with the installation of candle barriers. The
candles shall extend 75-feet beyond the edge of the driveway.
4. It is recommended that City of Meridian require cross access to the parcel to the east (Parcel No.
S1107120807).
5. Other than the access specifically approved with this application, direct lot access is prohibited to
Fairview Avenue.
6. 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.
7. Payment of impact fees is due prior to issuance of a building permit.
8. 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
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unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and
certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Appeal Guidelines
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VICINITY MAP
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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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