PZ - DRAFT ACHD Staff Report
1 DRAFT Decatur Estates
Development Services Department
Project/File: Decatur Estates Subdivision/File Numbers
This is an annexation, rezone, and preliminary plat application to allow for the
development of 99 single family building lots and 12 common lots on 39.76 acres.
The site is located at 4345 N. Linder Road in Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 4345 N. Linder Road
Staff Approval: XXXX, 2013
Applicant: Todd Amyx
4345 Linder Road, LLC
13964 W. Wainwright Drive,
STE 102
Boise, ID 83702
Representative: Becky McKay
Engineering Solutions
1029 N. Rosario Street, STE
100
Meridian, ID 83642
Staff Contact: Mindy Wallace
Phone: 387-6178
E-mail: @achdidaho.org
A. Findings of Fact
1. Description of Application: This is an annexation, rezone, and preliminary plat application to
allow for the development of 99 single family building lots and 12 common lots on 39.76 acres.
The site is located at 4345 N. Linder Road in Meridian, Idaho. This application is consistent with
the City of Meridian's Comprehensive Plan, which calls for medium density residential
development for this site.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Single family residential/Office R-4/L-O
South Single family residential R-8
East Single family residential R-8
West Single family residential R-4
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3. Site History: ACHD has not previously reviewed this site for a development application.
4. Transit: Transit services are not available to serve this site.
5. New Center Lane Miles: This development is add 1.09 miles of new roadway to the public street
inventory.
6. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee will be based on the impact fee ordinance that is in
effect at that time.
7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Linder Road is listed in the Capital Improvements Plan to be widened to 5-lanes from Ustick
Road to McMillan Road between 2022 and 2026.
• Ustick Road is listed in the Capital Improvements Plan to be widened to 5-lanes from Linder
Road to Meridian Road between 2017and 2021.
• The intersection of Ustick Road and Meridian Road is listed in the Capital Improvements Plan to
be widened to 5-lanes on the north leg, 6-lanes on the south, 7-lanes east, and 7-lanes on the
west leg, and signalized in 2017.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 942 additional vehicle trips per day;
99 additional vehicle trips per hour in the PM peak hour; based on the Institute of Transportation
Engineers Trip Generation Manual, 9th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a two-lane principal arterial is “E” (690 VPH).
* Acceptable level of service for a three-lane principal arterial is “E” (880 VPH).
* Acceptable level of service for a two-lane minor arterial is “D” (550 VPH).
* Acceptable level of service for a three-lane minor arterial is “D” (720 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 Linder Road north of Ustick was 12,755 on 3/21/13.
• The average daily traffic count for McMillan Road east of Ten Mile was 6,058 on 10/8/14.
• The average daily traffic count of Ustick Road east of Linder Road was 17,740 on
8/1/14.
C. Findings for Consideration
Roadway Frontage Functional
Classification
PM Peak
Hour
Traffic Count
PM Peak
Hour Level
of Service
Linder Road 1,300-
feet
Principal
Arterial 700 Better than
"E"
McMillan
Road N/A Minor Arterial 331 Better than
"D"
Ustick Road N/A Principal
Arterial 995 "F"
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1. Linder Road
a. Existing Conditions: Linder Road is improved with 2 to 3-travel lanes, and no curb, gutter or
sidewalk abutting the site. There is 73-feet of right-of-way for Linder Road (25-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 sidewalks 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.
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).
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 Linder 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.
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c. Applicant Proposal: The applicant has proposed to dedicate 48-feet of right-of-way from the
centerline of Linder Road abutting the site and to construct a 5-foot wide detached concrete
sidewalk on Linder Road abutting the site.
d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and
should be approved, as proposed. The 5-foot wide detached concrete sidewalk should be
located a minimum of 42-feet from the centerline of Linder Road abutting the site. The
applicant should be required to provide a permanent right-of-way easement if public sidewalks
are placed outside of the dedicated right-of-way.
Consistent with ACHD’s Frontage Improvement policy, the applicant should be required to
widen the pavement on Linder Road to 17-feet from centerline where is does not currently
exist.
2. Internal Local Streets
a. Existing Conditions: There are no local streets within the site.
b. Policy:
Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local street frontages adjacent to the site regardless of whether or not access is
taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way
widths for all local streets shall generally not be less than 50-feet wide and that the standard
street section shall be 36-feet (back-of-curb to back-of-curb). The District will consider the
utilization of a street width less than 36-feet with written fire department approval.
Standard Urban Local Street—36-foot to 33-foot Street Section and Right-of-way Policy:
District Policy 7207.5.2 states that the standard street section shall be 36-feet (back-of-curb to
back-of-curb) for developments with any buildable lot that is less than 1 acre in size. This
street section shall include curb, gutter, and minimum 5-foot concrete sidewalks on both sides
and shall typically be within 50-feet of right-of-way.
The District will also consider the utilization of a street width less than 36-feet with written fire
department approval. Most often this width is a 33-foot street section (back-of-curb to back-
of-curb) for developments with any buildable lot that is less than 1 acre in size.
Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a
street in an approved preliminary plat, which ends at a boundary of a proposed development
shall be extended in that development. The extension shall include provisions for continuation
of storm drainage facilities. Benefits of connectivity include but are not limited to the following:
• Reduces vehicle miles traveled.
• Increases pedestrian and bicycle connectivity.
• Increases access for emergency services.
• Reduces need for additional access points to the arterial street system
• Promotes the efficient delivery of services including trash, mail and deliveries.
• Promotes appropriate intra-neighborhood traffic circulation to schools, parks,
neighborhood commercial centers, transit stops, etc.
• Promotes orderly development.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some
local jurisdictions may require wider sidewalks.
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The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District’s Tree Planting Policy. If no trees are to be planted in the
parkway strip, the applicant may submit a request to the District, with justification, to reduce
the width of the parkway strip.
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.
Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to
provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the
emergency service providers may require a greater radius. Landscape and parking islands
may be constructed in turnarounds if a minimum 29-foot street section is constructed around
the island. The pavement width shall be sufficient to allow the turning around of a standard
AASHTO SU design vehicle without backing. The developer shall provide written approval
from the appropriate fire department for this design element.
The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case
basis. This will be based on turning area, drainage, maintenance considerations and the
written approval of the agency providing emergency fire service for the area where the
development is located.
Landscape Medians Policy: District policy 7207.5.16 states that landscape medians are
permissible where adequate pavement width is provided on each side of the median to
accommodate the travel lanes and where the following is provided:
• The median is platted as right-of-way owned by ACHD.
• The width of an island near an intersection is 12-feet maximum for a minimum distance of
150-feet. Beyond the 150-feet, the island may increase to a maximum width of 30-feet.
• At an intersection that is signalized or is to be signalized in the future, the median width
shall be reduced to accommodate the necessary turn lane storage and tapers.
• The Developer or Homeowners Association shall apply for a license agreement if
landscaping is to be placed within these medians.
• The license agreement shall contain the District’s requirements of the developer including,
but not limited to, a “hold harmless” clause; requirements for maintenance by the
developer; liability insurance requirements; and restrictions.
• Vertical curbs are required around the perimeter of any raised median. Gutters shall slope
away from the curb to prevent ponding.
c. Applicant’s Proposal: The applicant has proposed to construct the entry road, Monument
Drive with two 12-foot travel lanes, a 20-foot wide center landscape island, vertical curb,
gutter, a 6-foot wide planter strip, and a 5-foot wide detached concrete sidewalk.
The applicant has proposed to construct all of the other internal local streets as 33-foot street
sections with rolled curb, gutter, a 6-foot wide planter strip, and a 5-foot wide detached
concrete sidewalk within 56-feet of right-of-way; with the exception of Ashton Drive, which is
proposed to be constructed as a 29-foot street section with rolled curb, gutter, and a 5-foot
wide attached concrete sidewalk within 50-feet of right-of-way.
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The applicant has proposed to extend 3 stub streets into the site; Marche, Penngrove, and
Watersong Way. As part of ACHD's March 24, 2010 action on Bridgetower Crossing No. 15
Penngrove Way was approved as a 25-foot wide minor local street, with vertical curb and
gutter within 27-feet of right-of-way and a 5-foot wide attached concrete sidewalk along the
west side of Penngrove Way within a 7-foot sidewalk easement. The applicant has proposed
to extend Penngrove Way into the site with the same minor local street configuration.
d. Staff Comments/Recommendations: The applicant's proposal for the internal local streets
and Ashton Drive meets District policy and should be approved, as proposed. The applicant
should be required to provide written fire department approval for use of the reduced street
sections (33, 29, and 25-foot street sections).
Parking on one side of Ashton Street and on both sides of Penngrove Way will be restricted.
The applicant should be required to coordinate a signage plan with District Development
Review Staff.
The applicant's proposal for Monument Drive does not meet District policy and should not be
approved, as proposed. Typically a 20-foot wide travel lane is required on either side of a
center landscape island. The applicant should either obtain fire department approval for use
of 12-foot wide travel lanes on either side of the center landscape islands or redesign the
entry road to provide for 20-foot wide travel lanes.
The proposed center landscape island should be reduce to a width of 12-feet, consistent with
ACHD's Landscape Median policy. The center landscape island should be platted as right -of-
way owned by ACHD. The applicant or the future home owners associate should enter into a
license agreement with ACHD for any landscaping proposed to be in the center landscape
island.
3. Roadway Offsets
a. Existing Conditions: There is one defined driveway to the site, it is unpaved and located
360 - feet south of the north property line.
b. Policy:
Local Street Intersection Spacing on Minor Arterials: District policy 7205.4.3 states that
new local streets should not typically intersect arterials. Local streets should typically intersect
collectors. If it is necessary, as determined by ACHD, for a local street to intersect an arterial,
the minimum allowable offset shall be 660-feet as measured from all other existing roadways
as identified in Table 1a (7205.4.6).
Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a
minimum offset of 125-feet from any other street (measured centerline to centerline).
c. Applicant’s Proposal: The applicant is proposing to construct one roadway onto Linder
Road, Monument Drive. Monument Drive is proposed to align centerline to centerline with
Monument Street on the east side of Linder Road across from the site.
d. Staff Comments/Recommendations: The applicant's proposal meets the intent of the Local
Street Intersection Spacing policy, and should be approved, as proposed. As the new
roadway Monument Drive is proposed to align centerline to centerline with Monument Street
across from the site.
4. Bridge for the White Drain Crossing
The District will require that the applicant submit the bridge plans for the crossing of the White
Drain (Cool River Way) for review and approval prior to the pre-construction meeting and final plat
approval.
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5. 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.
6. 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.
7. Other Access
Linder 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.
D. Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the site, as proposed.
2. Construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the
centerline of Linder Road abutting the site, as proposed. Provide a permanent right-of-way
easement if public sidewalks are placed outside of the dedicated right-of-way.
3. W iden the pavement on Linder Road to 17-feet from centerline where is does not currently exist.
4. Construct one roadway onto Linder Road, Monument Drive centerline to centerline with
Monument Street on the east side of Linder Road across from the site.
5. Construct the entry portion of Monument Drive with two 12-foot travel lanes, a 12-foot wide center
landscape island, vertical curb, gutter, a 6-foot wide planter strip, and a 5-foot wide detached
concrete sidewalk. Obtain written fire department approval for the 12-footwide travel lanes or
redesign the entry portion of Monument Drive to provide two 20-foot wide travel lanes.
6. Dedicate the 12-foot wide center landscape island as right-of-way owned by ACHD. Enter into a
license agreement with ACHD for any landscaping proposed to be placed within the center
landscape island.
7. Construct Ashton Drive as a 29-foot street section with rolled curb, gutter, and a 5-foot wide
attached concrete sidewalk within 50-feet of right-of -way, as proposed. Parking is restricted on
one side of Ashton Drive. Coordinate a signage program with ACHD Development Review staff.
8. Extend Penngrove Way into the site as a 25-foot wide minor local street, with vertical curb and
gutter within 27-feet of right-of-way and a 5-foot wide attached concrete sidewalk along the west
side of Penngrove Way within a 7-foot sidewalk easement. Parking is restricted on both sides of
Penngrove Way; coordinate a signage program with District Development Review staff.
9. Construct all other internal local streets, including the extensions of Marche and Watersong Way,
as 33-foot street sections with rolled curb, gutter, a 6-foot wide planter strip, and a 5-foot wide
detached concrete sidewalk within 56-feet of right-of-way.
10. Other than access specifically approved, as part of this application direct lot access to Linder
Road is prohibited and shall be noted on the final plat.
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11. Payment of impacts fees are due prior to issuance of a building permit.
12. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All irrigation facilities shall be relocated outside of the ACHD right-of-way.
2. Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant’s engineer should provide
documentation of ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of -way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant’s authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
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.
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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. Request for Reconsideration Guidelines
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VICINITY MAP
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SITE PLAN
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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 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 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 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.
15 DRAFT Decatur Estates
Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 3:00 p.m. on the day prior to the Commission’s next scheduled regular
meeting following the meeting at which the action to be reconsidered was taken. Upon
receipt of the request, the Secretary shall cause the same to be placed on the agenda
for that next scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting
forth new facts and information not presented at the earlier meeting, or a changed
situation that has developed since the taking of the earlier vote, or information
establishing an error of fact or law in the earlier action. The request may also be
supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACHD staff for further review. The Commission may set the date of the meeting at
which the matter is to be returned. The Commission shall only take action on the
original matter at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may
take any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to
cover administrative costs, as established by the Commission.