2020-02-07 ACHD Staff Report Draft Development Services Department
CHD
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Project/File: Victory Commons/ MPP19-0012/ H-2019-0150
This is a preliminary plat application to develop 12 commercial lots on 16.74 acres.
Lead Agency: City of Meridian
Site address: 130 Victory Road Vicinity Map
Staff Approval: January 31, 2020 re:► ���}.I
Applicant: Roberta Stewart
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Representative: Horrocks Engineers ?p
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Staff Contact: Paige Bankhead ----
Phone: 387-6293
E-mail: pbankhead(D_achdidaho.org r e:.Nl1W
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of a preliminary plat application
to develop 12 commercial lots on 16.74 acres.
The property is zoned General Retail and Service Commercial (C-G). The City of Meridian's
Comprehensive Plan designates this area as commercial.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Limited Office/Medium Density Residential L-O/R-8
South Medium-High Density/Medium-Low Density Residential R-15/R-4
East Medium-Low Density Residential R-4
West Limited Office L-O
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: The proposed development includes 0.0 centerline miles of new public
road.
1 Victory Commons/ MPP19-0012/H-2019-0150
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. The impact fee assessment will not be released until the civil plans are approved by ACHD.
7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Victory Road is listed in the CIP to be widened to 3-lanes from Meridian Road to Locust Grove
Road between 2026 and 2030.
• Victory Road is listed in the CIP to be widened to 3-lanes from Linder Road to Meridian Road
between 2026 and 2030.
B. Traffic Findings for Consideration
1. Trip Generation: Phase 1 of this development is estimated to generate 2,371 vehicle trips per
day; 233 additional vehicle trips per hour in the PM peak hour and 310 trips during the AM peak
hour, based on the traffic impact study(TIS). Phase 2 of this development is estimated to generate
1,848 trips per day, 217 trips in the AM peak hour and 162 trips in the PM peak hour based on
the TIS.
2. Traffic Impact Study
CR Engineering, Inc prepared a traffic impact study for the proposed Victory Commons. Below is
an executive summary of the findings as presented by CR Engineering, Inc. The following
executive summary is not the opinion of ACHD staff. ACHD has reviewed the submitted traffic
impact study for consistency with ACHD policies and practices.
a. TIS Executive Summary
The TIS indicates that the development will take access from Meridian Road and Victory Road.
One access is proposed onto Meridian Road from the site and the existing access onto Victory
Road from the site will be utilized as a full movement access. The development will also have cross
access through the Legacy Feed and Fuel/Texaco property onto Meridian Road to the west and
onto Victory Road to the southwest.
Meridian Road is under the jurisdiction of the Idaho Transportation Department(ITD). The TIS notes
that the access meets spacing requirements per ITD, a northbound turn-lane is required under 2020
Phase 1 total traffic conditions, no sight obstructions were observed with 610 feet of the proposed
access location, and the access is expected to meet ITD's minimum operational thresholds under
2020 Phase 1 and 2022 Phase 2 total traffic conditions with aforementioned right-turn lane.
The TIS notes that a westbound right-turn lane is not warranted for Victory Road at the existing
access point, no sight distance obstructions were identified within 500-feet of the proposed access
location, and the access intersection is expected to meet ACHD's minimum operational thresholds
under 2020 Phase 1 and 2022 Phase 2 total traffic conditions.
All study area roadway segments meet ACHD's planning level of service thresholds for existing,
Phase 1 2020 total and Phase 2 2020 total traffic. No roadway segment improvements are needed.
b. Policy
Mitigation Proposals: Mitigation recommendations shall be provided within the report. At a
minimum, for each roadway segment and intersection that does not meet the minimum acceptable
level of service planning threshold or v/c ratio, the report must discuss feasible measures to avoid
or reduce the impact to the system. To be considered adequate, measures should be specific and
feasible. Mitigation may also include:
• Revision to the Phasing Plan to coincide with the District's planning Capital Projects.
2 Victory Commons/ MPP19-0012/H-2019-0150
• Reducing the scope and/or scale of the project.
Level of Service Planning Thresholds: District Policy 7206.4.1 states that, Level of Service
Planning Thresholds have been established for principal arterials and minor arterials within
ACHD's Capital Improvement Plan and are also listed in section 7106. Unless otherwise
required to provide a Traffic Impact Study under section 7106, a proposed development with
site traffic less than 10% of the existing downstream roadway or intersection peak hour traffic
shall not be required to provide mitigation for a roadway or intersection that currently exceeds
the minimum acceptable level of service planning threshold or V/C ratio.
Turn Lane Analysis: District Policy 7106.4.4 state that dedicated left and right-turn lanes are to
be provided in situations where traffic volumes and speeds are relatively high and turning
conflicts are likely to develop at public road intersections and driveways. Auxiliary lanes are
used to decrease conflicts and improve traffic flow.
Turn lane storage and tapers shall be based on the projected volume at the proposed site access
(public road or driveway) and shall be calculated based on AASHTO standards. Right turn lanes
are typically 100-feet in length and left turn lanes are typically a minimum of 300-feet in length
(exclusive of taper lengths). See Figures 1 thru 7 to determine when left and/or right turn lanes
may be required.
Turn Lanes: District Policy 7205.4.9 states that if right or left turn lanes are warranted per a
submitted Traffic Impact Study (See Section 7106), the storage and taper lengths shall be
designed in accordance with the minimum AASHTO and MUTCD standards. The storage length
shall be a minimum of 100-feet in length. The applicant will not be compensated by ACHD for the
dedication of additional right-of-way and pavement widening.
c. Staff Comments/Recommendations: The TIS indicates that a right-turn is lane is not required for
the access from the site onto Victory Road, no improvements are necessary for the intersections
analyzed in the study and that all roadway segments will meet ACHD's planning level of service
thresholds for existing, Phase 2020 and Phase 2022 total traffic. Staff agrees with these findings
and no further improvements are required on Victory Road to accommodate the development.
To ensure that ITD's requirements are met and improvements are constructed when necessary to
serve the site, staff recommends the City of Meridian include all of ITD requirements as a part of
their conditions of approval. If improvements to Meridian Road and the access are not completed,
the impact to the access from the site onto Victory Road and ACHD's system will increase. The
required improvements should be completed prior to signature of the final plat for Phase 1. If the
improvements cannot be completed, the applicant should be required to submit a revised
development application and updated TIS for review and action by ACHD.
3. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Functional PM Peak PM Peak Existing
Roadway Frontage Classification Hour Hour Level Plus
Traffic Count of Service Project
SH-69/Meridian 835-feet Principal 1,807 N/A N/A
Road I Arterial
Victory Road 640-feet Minor Arterial 345 Better than Better than
„E„ «E„
* Acceptable level of service for a three-lane minor arterial is "E" (720 VPH).
** ACHD does not set level of service thresholds for State Highways.
4. Average Daily Traffic Count (VDT)
3 Victory Commons/ MPP19-0012/H-2019-0150
• The average daily traffic count for Meridian Road north of Victory Road was 36,018 on
06/19/2019.
• The average daily traffic count for Victory Road east of Meridian Road was 8,000 on
04/16/2019.
C. Findings for Consideration
1. State Highway SH-69 /Meridian Road
SH-69/Meridian Road is under the jurisdiction of the Idaho Transportation Department (ITD). The
applicant, the City of Meridian, and ITD should work together to determine if additional right-of-way
or improvements are necessary on SH-69/Meridian Road.
ITD established the following requirements for the development prior to Phase 1 occupancy:
• The existing approach 1,300 feet to the north of Victory Road will need to be removed.
• For the proposed approach, install a northbound right-turn lane designed to ITD standards
for a 55MPH speed zone.
• Dedicate 12-feet of right-of-way to ITD for the entire length of the right-turn lane.
• Restrict the new approach to right-in/right-out. The traffic separator shall start at Maestra
Street and extend approximately 550-feet south.
Staff Comments/Recommendations: To ensure that ITD's requirements are met and
improvements are constructed when necessary to serve the site, staff recommends the City of
Meridian include all of ITD's requirements as a part of their conditions of approval. If
improvements to Meridian Road and the access are not completed, the impact to the access
from the site onto Victory Road and ACHD's system will increase. The required improvements
should be completed prior to signature of the final plat for Phase 1. If the improvements cannot
be completed, the applicant should be required to submit a revised development application
and updated TIS for review and action by ACHD.
2. Victory Road
a. Existing Conditions: Victory Road is improved with 2/3 travel lanes, bike lanes, vertical curb,
gutter, and 5-foot wide detached concrete sidewalk abutting the site. There is 74-feet to 92-feet
of right-of-way for Victory Road (50-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 Policy 7205.2.1 & 7205.5.2 states
that the standard 3-lane street section shall be 46-feet (back-of-curb to back-of-curb) within 74
feet of right-of-way. This width typically accommodates a single travel lane in each direction, a
continuous center left-turn lane, and bike lanes.
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.
4 Victory Commons/ MPP19-0012/H-2019-0150
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District's planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
streets adjacent to a proposed development may be required. These improvements are to
correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or
replacement; curb and gutter construction or replacement; replacement of unused driveways
with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement
repairs; signs; traffic control devices; and other similar items.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Victory is designated in the MSM as
a Commercial Arterial with 3-lanes and on-street bike lanes, a 46-foot street section within 74-
feet of right-of-way.
c. Applicant Proposal: The applicant has not proposed any improvements to Victory Road
abutting the site.
d. Staff Comments/Recommendations: Victory Road is already improved with 2/3-lanes, bike
lanes, curb, gutter and detached concrete sidewalk with at least 74-feet of right-of-way (50-feet
from centerline) abutting the site. Therefore, staff recommends no further improvements to
Victory Road with this development application.
Consistent with ACHD's Minor Improvement policy, the applicant should be required to replace
any broken or deteriorated portions of curb, gutter, and sidewalk on Victory Road abutting the
site.
3. Private Drive Aisle/Driveways — Victory Road
a. Existing Conditions: There is an existing 25-foot wide curb return type driveway onto Victory
Road from the site, located 722-feet east of Meridian Road.
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.
5 Victory Commons/ MPP19-0012/H-2019-0150
Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1 a under District policy 7205.4.6, unless a waiver for the access point has been approved
by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor
arterial roadways from a signalized intersection with a single left turn lane shall be located a
minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a
minimum of 660-feet from the intersection for a full-movement driveway.
District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized
intersection with a dual left turn lane shall be located a minimum of 330-feet from the nearest
intersection for a right-in/right-out only driveway and a minimum of 710-feet from the intersection
for a full-movement driveway.
Successive Driveways: District policy 7205.4.6 Table 1 a, requires driveways located on minor
arterial roadways with a speed limit of 45 MPH to align or offset a minimum of 380-feet from
any existing or proposed driveway.
Driveway Width Policy: District policy 7208.4.3 restricts commercial driveways to a maximum
width of 40-feet. Most commercial driveways will be constructed as curb-cut type facilities.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross
access utilizes a single vehicular connection that serves two or more adjoining lots or parcels
so that the driver does not need to re-enter the public street system.
c. Applicant's Proposal: The applicant has not proposed any modifications to the existing
driveways onto Victory Road and has proposed construct a paved private drive aisle into the
site utilizing the existing driveway from the site onto Victory Road.
d. Staff Comments/Recommendations: The applicant's proposal to utilize the existing
driveways is approved, as proposed, based on the TIS findings and recommendations.
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
6 Victory Commons/ MPP19-0012/H-2019-0150
Victory Road classified as minor arterial roadway. Other than the access specifically approved with
this application, direct lot access is prohibited to these roadways and should be noted on the final
plat.
D. Site Specific Conditions of Approval
1. Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Victory Road abutting
the site.
2. Other than the access specifically approved with this application, direct lot access is prohibited to
Victory Road and should be noted on the final plat.
3. 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.
4. Payment of impact fees is due prior to issuance of a building permit.
5. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities
Act (ADA) requirements. The applicant's engineer should provide documentation of ADA
compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number)for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled)are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACHD Standards
unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and
certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
7 Victory Commons/ MPP19-0012/H-2019-0150
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. Request for Reconsideration Guidelines OR Appeal Guidelines
8 Victory Commons/ MPP19-0012/1-1-2019-0150
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9 Victory Commons/ MPP19-0012/H-2019-0150
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10 Victory Commons/ MPP19-0012/H-2019-0150
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.
11 Victory Commons/ MPP19-0012/H-2019-0150
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.
12 Victory Commons/ MPP19-0012/H-2019-0150
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.
13 Victory Commons/ MPP19-0012/H-2019-0150
Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 11:00 a.m. 2 days prior to the Commission's next scheduled regular meeting
following the meeting at which the action to be reconsidered was taken. Upon receipt of
the request, the Secretary shall cause the same to be placed on the agenda for that next
scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth
new facts and information not presented at the earlier meeting, or a changed situation that
has developed since the taking of the earlier vote, or information establishing an error of
fact or law in the earlier action. The request may also be supported by oral testimony at
the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACHD staff for further review. The Commission may set the date of the meeting at which
the matter is to be returned. The Commission shall only take action on the original matter
at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
14 Victory Commons/ MPP19-0012/H-2019-0150