HomeMy WebLinkAboutACHD Comments
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John S. Franden, President
Rebecca W. Arnold, 1st Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
Carol A. Mckee, Commissioner
January 29, 2007
RECEIVED
JAN 3 1 2007
To:
James D. Patterson
9362 W. Wichita St.
Boise, ID 83709
City of Meridian
City Cleric Office
Subject:
MAZ -06-064/MPP-06-065
Normandy Subdivision
Locust Grove Road
On January 29, 2007, the Ada County Highway District staff acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at (208) 387-6178.
Sincerely,
~~
Mindy Wallace
Planner II
Right-of-way & Development Services
Ada County Highway District
CC: Project file, Utilities
City of Meridian
RMR Consulting Inc. - Matt Schultz
Ada County Highway District. 3775 Adams Street. Garden City, ID · 83714 · PH 208-387-6100 · FX 345-7650 · www.achd.ada.id.us
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Right-ai-Way & Development Services Department
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Project/File:
Normandy Subdivision - MAZ-06-064/MPP-06-065
Lead Agency:
City of Meridian
Site address:
4145 S. Locust Grove Road
Staff Level
Approval:
January 29, 2007
Applicant:
James D. Patterson
9362 W. Wichita St.
Boise, I D 83709
Representative:
RMR Consulting Inc. - Matt Schultz
2127 S. Alaska Way
Meridian, ID 83642
Staff Contact:
Mindy Wallace
Phone: 387-6178
E-mail: mwallace@achd.ada.id.us
Tech Review:
January 19, 2007 - Via E-mail
Application Information:
Acreage: 27.05
Current Zoning: RUT
Proposed Zoning: R-8
Residential Units: 110-single family lots
Common Lots: 7
A. Findinas of Fact
Existing Conditions
1. Site Information: The site currently consists of one dwelling unit and farm land.
2.
Zonin
R-8
R-4
RUT
R-4
1
Normandy Subdivision - MAZ-06-064/MPP-06-065
i.
3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site
· Locust Grove Road is currently improved with 2 traffic lanes, and no curb gutter or sidewalk
abutting the site. There is 50-feet of right-of-way existing for Locust Grove Road (25-feet from
centerline).
· Victory Road is currently improved with 2 traffic lanes, and no curb, gutter, or sidewalk abutting
the site. There is between 55 and 50-feet of right-of-way existing for Victory Road ( 25 to 30-
feet from centerline).
4. Existing Access: There is one defined access point to this property located off of Locust Grove
Road.
5. Site History: ACHD has not previously reviewed this site for a development application.
Development Impacts
6.
Trip Generation:
This development is estimated to generate 1,053 additional vehicle trips per
day based on the submitted traffic impact study.
7.
Impact Fees:
There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee will be based on the impact fee
ordinance that is in effect at that time.
8. Impacted Roadways:
Roadway Frontage Functional Traffic Count Level of Speed
Classification Service* Limit
Locust Grove 1,100' Minor Arterial 2,087 north of Better 50 MPH
Road Amity on 2/2106 than "C"
Victory Road N/A Minor Arterial 4,615 west of Better 50 MPH
Eagle on 1/20/05 than
tiC"
3,745 east of
Meridian on
1/20/05
*Acceptable level of service for a two-lane minor arterial roadway is "D" (14,000 VTD).
9. Capital Improvements Plan/Five Year Work Program
There are currently no roadways, bridges or intersections in the general vicinity of the project that
are currently in the Five Year Work Program. The following improvement is scheduled in the
District's Capital Improvement Plan (CIP).
· The intersection of Locust Grove and Amity Roads is scheduled to be widened to 4-lanes on
the north leg, 3-lanes on the south leg, and 6-lanes on the east leg, and 5-lanes on the west
leg. The intersection will also be signalized in 11 to 20 years.
B. Findinas for Consideration
1.' Traffic Impact Study
Stanley Consultants prepared a traffic impact study for Normandy Subdivision. Below is a summary
of the findings.
Normandy Subdivision is located in the southwest quadrant of Victory Road and Locust Grove
Road intersecting in Meridian, Idaho. Normandy Subdivision is a residential development
comprising of 110 single-family dwelling units and is projected to be built out by 2011.
2 Normandy Subdivision - MAZ-06-064/MPP-06.065
The traffic impact study for Normandy Subdivision concludes and recommends the following:
· Normandy Subdivision is projected to generate an average daily traffic (ADT) of 1,053
vehicles per day (vpd) and PM peak hour traffic of 111 vehicles per hour (vph). The site
generated trips are not projected to retain within the site during the PM peak hour.
. Normandy Subdivision had only residential land use. The Normandy Subdivision is similar
in land use as the existing development near the site and is projected to have similar travel
patterns.
. At build-out, Normandy Subdivision site traffic is projected to have the following distribution
patterns:
o 39% of the site traffic is projected to have origins/destinations east of the site and
travel on Amity Road or Victory Road.
o 40% of the site traffic is projected to have origins/destinations west of the site and
travel on Amity Road or Victory Road.
o 20% of the site traffic is projected to have origins/destinations north of the site and
travel on Locust Grove Road.
o 1 % of the site traffic is projected to have origins/destinations south of the site on
Locust Grove Road.
. Background traffic near the site is projected to increase by an annual growth rate of 4% for the
next 20 years. This growth rate is based on the population, housing units, and jobs forecast as
adopted in COMPASS's demographic projection and the City of Meridian's Comprehensive
Plan. This growth rate also considered developments ear the site.
. The Locust Grove Road and Victory Road intersection is projected to operate as follows during
the PM peak hour with existing lane configurations and existing intersection control:
o 2006 Existing
o 2011 Background
o 2011 Background + Site
o 2026 Background
o 2026 Background + Site
:LOSB
:LOSC
:LOSC
:LOS F
:LOS F
. Locust Grove Road and Amity intersection is projected to operate as follows during the PM peak
hour with existing land configuration and existing intersection control:
o 2006 Existing
o 2011 Background
o 2011 Background + Site
o 2026 Background
o 2026 Background + Site
:LOSC
:LOSD
:LOSD
:LOS F
:LOS F
. At build-out, the existing roadways and intersections near the site are projected to have
sufficient capacity to accommodate the traffic growth and site traffic.
3
. At build-out, all proposed internal roadways in Normandy Subdivision are projected to carry less
than 1,000 vpd and should be classified as local streets.
Normandy Subdivision - MAZ-06-064/MPP-06-065
. At build-out, no improvements are required at the Victory Road and Amity Road intersections
with Locust Grove Road to accommodate site traffic.
. The proposed site access intersection warrants a right-turn lane on the southbound approach
on Locust Grove Road.
. At horizon year, 2026, the following improvements may need to be considered for long-range
transportation planning purposed based on a 4% annual growth rate.
o Upgrade the Victory Road and Amity Road intersections with Locust Grove Road to a
signal-controlled intersection.
o Add one left-turn lane for all approaches of Victory Road and Amity Road intersection
with Locust Grove Road.
o With these improvements, all intersections in the study are projected to operate at LOS
o or better during 2026 PM peak hour. In addition, if Amity Road is upgraded to a 5-lane
roadway, all intersections in the study area are projected to operate at LOS C during the
2026 peak hour.
o If Locust Grove Road and Amity Road intersection is upgraded to a roundabout, its v/c
will be 0.89 for west bound under 2026 background traffic conditions and 0.90 for the
westbound under 2026 total traffic conditions.
. The City of Meridian is planning to have a bike/pedestrian path on Locust Grove Road.
Provisions should be considered on Locust Grove Road adjacent to the site to
accommodate this future bike/pedestrian path and sidewalks.
. Sidewalks should be constructed along the site frontage on Locust Grove Road for
pedestrian safety and route connectivity.
2. Locust Grove Road
Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure
72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot
concrete detached sidewalks and bike lanes.
Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete
sidewalk on all collector roadways and arterial roadways (7204.7.2).
Applicant Proposal: The applicant has proposed to construct Locust Grove Road with a 28-foot
street section with vertical curb, gutter, and 5-foot attached concrete sidewalk within 35-feet of right-
of-way.
Staff Comment/Recommendation: The District has determined that Locust Grove Road, south of
Victory Road, be constructed as a three-lane minor arterial roadway: therefore, the applicant will be
required to dedicate a total of 35-feet of right-of-way abutting the site and construct a 5-foot
concrete sidewalk located a minimum 28-feet from the centerline of roadway (measured from the
face of walk to the centerline of the roadway).
The applicant will be required to provide the District with a road trust for the cost of one-half the
sidewalk on the existing bridge south of the site on Locust Grove Road. The road trust should be in
the amount of $1 ,250 (50-feet of frontage multiplied by $25 a linear foot for the sidewalk).
Normandy Subdivision - MAZ-06-064/MPP-06-065
4
Based on the submitted traffic impact study, the applicant will be required to construct a right-turn
lane on the southbound approach on Locust Grove Road. Coordinate the d~$ign al1d construction
of the right-turn lane with District Traffic Services staff.
Due to the required southbound right-turn lane necessary to serve the development and the need to
accommodate drainage, the applicant may need to dedicate additional right-of-way and construct
additional street improvements abutting the right-turn lane. If the applicant is unable to fit a
minimum 8-foot wide barrow ditch and 3-foot wide gravel shoulder between the edge of pavement
and the face of sidewalk due to right-of-way constraints, then the applicant may need to construct
vertical curb, gutter, and sidewalk abutting the southbound right turn lane. Or as an alternative, the
applicant may need to move the sidewalk back and dedicate additional right-of-way to allow for the
construction of a barrow ditch wide enough to accommodate the drainage. An easement will need
to be provided for any segment of the sidewalk located outside of the right-of-way. Coordinate the
design of the drainage facility with District Design Review staff.
3. Internal Streets
Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way
on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter
and 5-foot wide concrete sidewalks.
36-foot Street Section Policy: District policy 7204.4.2 states, "developments with any buildable lot
that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-
feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to
back-of-curb. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated
from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width.
Turnaround Policy: District policy 7205.2.1 requires turnarounds to be constructed to provide a
minimum turning radius of 45-feet. Landscape and parking islands may be constructed in
turnarounds if a minimum inside curb radius of 28-feet, and a minimum outside radius of 45-feet are
provided. The pavement width shall be sufficient to allow the turning around of a standard
AASHTO SU design vehicle without backing.
Applicant Proposal (Internal streets): The applicant has proposed to construct the internal
streets as a standard 36-foot street section with curb, gutter, and 5-foot attached concrete sidewalk
within 50-feet of right-of-way. The applicant has proposed to construct one cui-del-sac turnaround
with no center landscape island.
Staff Comment/Recommendation: The applicant's proposal meets District policy and should be
approved with this application. The applicant will be required to provide a minimum turning radius
of 45-feet for the cul-de-sac turnaround.
4. Roadway Offsets
Arterial Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a
minimum of 300-feet from an arterial roadway (measured centerline to centerline). .
Local Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a minimum
of 125-feet from another local roadway (measured centerline to centerline).
Applicant's Proposal: The applicant has proposed to construct one roadway to intersect Locust
Grove Road located approximately 650-feet south of the north property line (measured property line
to centerline).
5
Normandy Subdivision - MAZ-06-064/MPP-06-065
The applicant has proposed no two internal street intersections within 125-feet of one another
(measured centerline to centerline).
Staff Comment/Recommendation:
The applicant's proposal meets District Policy, and should be approved with this application. All of
the internal streets meet or exceed District offset policy.
5. Stub Streets
Stub Street Policy: District policy 7203.5.1 states that the street design in a proposed
development shall cause no undue hardship to adjoining property. An adequate and convenient
access to adjoining property for use in future development may be required. If a street ends at the
development boundary, it shall meet the requirements of sub section 7205, "non-continuous
streets." District policy 7205.5 states that stub streets will be required to provide intra-neighborhood
circulation or to provide access to adjoining properties. Stub streets will conform with the
requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will
not be required if the stub street has a length no greater than 150~feet. A sign shall be installed at
the terminus of the stub street stating that, ''THIS ROAD WILL BE EXTENDED IN THE FUTURE."
Applicant Proposal: The applicant has proposed two stub streets one to the north and one to the
south. The stub streets are proposed to be located as follows:
. First stub street to the north, Picasso Avenue, is proposed to be located approximately 600-feet
east of the west property line of (measured property line to centerline). This is an extension of a
stub street previously approved as part of Chatsworth Subdivision.
. Second stub street to the south, Une A, is proposed to be located approximately 600-feet south
of the north property line (measured property line to approximate centerline). This is an
extension of a stub street previously approved as part of Reflection Ridge Subdivision.
Staff Comment/Recommendation: The applicant's proposal meet's District policy, and should be
approved with this application. The applicant will be required to align the stub streets, centerline to
centerline, with those previously approved with both Chatsworth and Reflection Ridge Subdivisions.
The proposed stub street to the south will require crossing the Ridenbaugh Canal. This stub street
location was previously approved with Reflection Ridge Subdivision. At that time, the District
required the applicant to provide a road trust to the District for one-half the cost of the canal
crossing- With this application, the applicant will be required to design and construct the full
crossing of the Ridenbaugh Canal. At that time, the District will release the road trust funds.
Coordinate the design of the canal crossing with District Development Review staff.
6. Bridge for Ridenbaugh Canal Crossing
The District will require that the applicant submit the bridge plans for the crossing of the
Ridenbaugh Canal (Line A) for review and approval prior to the pre~construction meeting and plat
approval.
7. Tree Planters
Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in planters
less than 6-feet in width. In addition to prohibiting trees in planters less than 6-feet in width, the
policy requires a minimum planter width of 6-feet for class II tress with the installation of root
barriers on both sides of the planter strip or a minimum planter width of 8-feet without the
installation of a root barrier. The policy also requires Class I and Class III trees to provide a
minimum planter width of 10-feet.
6 Normandy Subdivision - MAZ-06-064/MPP-06~065
8. Other Access
Locust Grove Road is classified as minor arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway and should be noted
on the final plat.
C. Site Specific Conditions of Al!J)roval
1. Dedicate right-of-way from the centerline of Locust Grove Road to total 35-feet abutting the parcel.
The right-of-way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested material. The
District will purchase the right-of-way which is in addition to existing right-of-way from available
Corridor Preservation Funds.
2. Construct a 5-foot concrete sidewalk located a minimum 28-feet from the centerline of roadway
(measured from the face of walk to the centerline of the roadway).
3. Provide a road trust to the District in the amount of $1 ,250 for the future construct on sidewalk on
the existing bridge south of the site on Locust Grove Road.
4. Construct a right-turn lane on the southbound approach on Locust Grove Road. Coordinate the
design and construction of the right-turn lane with District Traffic Services staff.
5. Construct the internal streets as a standard 36-foot street section with curb, gutter, and 5-foot
attached concrete sidewalk within 50-feet of right-of-way.
6. Construct one cui-del-sac turnaround with no center landscape island, as proposed. Provide a
minimum turning radius of 45-feet for the cul-de-sac turnaround.
7. Locate the entry road intersecting Locust Grove Road approximately 650-feet south of the north
property line (measured property line to centerline).
8_ Construct a stub street to the north, Picasso Avenue, located approximately 600-feet east of the
west property line of (measured property line to centerline). This is an extension of a stub street
previously approved as part of Chatsworth Subdivision. Full alignment (centerline to centerline) of
the two streets is required.
9. Construct a stub street to the south, Line A, located approximately 600-feet south of the north
property line (measured property line to approximate centerline). This is an extension of a stub
street previously approved as part of Reflection Ridge Subdivision. Full alignment (centerline to
centerline) of the two streets is required.
10. Design and construct the full crossing of the Ridenbaugh Canal with the construction of the stub
street to the south. Submit the bridge plans for the crossing of the Ridenbaugh Canal (Line A) for
review and approval prior to the pre-construction meeting and plat approval. The District will
release the road trust funds collected from Reflection Ridge Subdivision to the applicant.
Coordinate the design of the canal crossing with District Development Review staff.
11. Other than the access specifically approved with this application, direct lot access is prohibited to
this roadway and shall be noted on the final plat.
12. Comply with all Standard Conditions of Approval.
7 Normandy Subdivision - MAZ-06-064/MPP-06-065
8
Normandy Subdivision - MAZ-06-064/MPP-06-065
D. Standard Conditions of AlU)roval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
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. Comply with the District's Tree Planter Width Interim Policy.
6. 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.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. 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 DIGLlNE (1-800-342-1585) 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.
12. 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 the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
9 Normandy Subdivision - MAZ-06R064/MPP-06-065
E. 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.
Attachments
1. Vicinity Map
2. Site Plan
3. Request for Reconsideration Guidelines OR Appeal Guidelines
4. Development Process Checklist
10
Normandy Subdivision - MAZ-06-064/MPP-06-065
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Development Process Checklist
I8lSubrnit a development application to a City or to the County
I8lThe City or the County will transmit the development application to ACHD
I8lThe ACHD Planning Review Division will receive the development application to review
I8lThe Planning Review Division will do one of the following:
DSend a "No Review" letter to the applicant stating that there are no site specific requirements at this tirne.
DSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part
of a previous development application and that the site specific requirements from the previous development also
apply to this development application.
I8lWrite a Staff level report analyzing the impacts of the development on the transportation system and evaluating
the proposal for its conformance to District Policy.
DWrite a Commission level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
I8lThe Planning Review Division will hold a Technical Review meeting for all Staff and Commission level reports.
DFor All development applications, including those receiving a "No Review" or "Comply With" letter:
. The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development
Review Division 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 calculation.)
. 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.
DPay Irnpact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
o Driveway or Property Approach(s)
. Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approvaL
o Working in the ACHD Right-ot-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 st of concrete or asphalt.
Construction (Subdivisions)
o Sediment & Erosion Submittal
. At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage
Division.
o Idaho Power Company
. Vic Steelman at Idaho Power must have his IPca approved set of subdivision utility plans prior to Pre-Con being
scheduled.
o Final Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con.
12
Normandy Subdivision - MAZ-06-064/MPP-06-065
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 ROWDS Manager when it is alleged that the ROWDS 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 of Highway Systems, 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 sti3te 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 Jaw 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 ROWDS 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
ROWDS 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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Normandy Subdivision - MAZ-06-064/MPP-06-065