2020-06-10 ACHD Updated Staff Report Development Services Department
CHD
Project/File: Gateway at Ten Mile/ MER20-0057/ H-2020-0046
This is an annexation and rezoning application for 41.28 acres to C-G and R-40 for
the future construction of a mixed-use commercial and high-density residential
development.
Lead Agency: City of Meridian
Site address: 2954 W. Franklin Road Vicinity Map
Staff Approval: June 8, 2020
Applicant: GFI — Meridian Investments III, LLC °
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74 East 500 S. Suite 200
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Bountiful, UT 84010 '
Representative: Stephanie Leonard
KM Engineering, LLP
9233 W. State Street
Boise, ID 83714
Staff Contact: Paige Bankhead, E.I.
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Phone: 387-6293
E-mail: pbankheadC@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of an annexation and rezone
application for 41.28 acres to rezone to C-G (General Retail and Commercial) and R-40 (High
Density Residential) for the future construction of a mixed-use commercial and high-density
residential development.
The City of Meridian's Future Land Use map designates this area as commercial and medium
density residential.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North Community Business C-C
South General Retail and Commercial C-G
East Light Industrial I-L
West General Retail and Commercial/Neighborhood Business C-N
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
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• FedEx Shipping Center located directly east of the site was approved by ACHD in February
2020.
• TM Creek is a mixed use, office, retail and high-density residential project located southwest
of the site and was approved by the ACHD Commission in February 2014.
• Ten Mile Creek East Apartments is 235-multi-family units located southwest of the site and
was approved by ACHD in September 2019.
• Twelve Oaks Center is a 4-lot commercial subdivision located southeast of the site and was
approved by ACHD in November 2015.
5. Transit: Transit services are available to serve this site via Route 40 and 42.
6. New Center Lane Miles: The proposed development includes 0.0 centerline miles of new public
road.
7. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use
paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared
use path.
AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection
Treatments: The opening of a shared use path at the roadway should be at least the same width
as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the
path, not including any flared sides if utilized. Detectable warnings should be placed across the full
width of the ramp.
FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related
concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average
width of the trail to improve safety for users who will be traveling at various speeds. In addition, the
overall width of the trail should be increased, so the curb ramp can be slightly offset to the side. The
increased width reduces conflict at the intersection by providing more space for users at the bottom
of the ramp.
8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time. The impact fee assessment will not be released until the civil plans are approved by ACHD.
9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Franklin Road to Pine
Avenue in 2020. The project includes Bridge#1120.
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Overland Road to
Franklin Road and will include a new 4-lane 1-84 overpass.
• The intersection of Linder Road and Franklin Road is listed in the CIP to be widened to 6-
lanes on the north leg, 6-lanes on the south, 7-lanes east, and 7-lanes on the west leg, and
signalized between 2021 and 2025.
B. Traffic Findinqs for Consideration
1. Trip Generation: The following table includes trip generation rates for anticipated land uses, based
on the Institute of Transportation Engineers Trip Generation Manual, 101" edition.
Unit of Average Daily PM Peak
Land Use Hour Trip
Measurement Trips
Generation
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Multifamily Housing (1-2 stories) Per Dwelling Unit 7.32 0.56
General Office Per 1,000 square 9.74 1.15
feet
Shopping Center Per 1,000 square 37.75 3.81
pp g feet
High-Turnover (Sit-Down) Per 1,000 Square 112.18 9.77
Restaurant feet
Fast Casual Restaurant Per 1,000 square 315.17 14.13
feet
2. Traffic Impact Study
Policy:
District policy 7106.1 Traffic Impact Studies (TIS): Traffic Impact Studies are intended
to determine the need for any improvements to the adjacent and nearby transportation
system in order to maintain a satisfactory level of service, and acceptable level of safety and
the appropriate access provisions for a proposed development. ITE, Transportation
Impact Analyses for Site Development.
Traffic Impact Studies are generally required when:
• A proposed development or redevelopment of a site will generate 100 or more new
peak hour trips; OR
• The added volume is equal to 1,000 vehicles per day; OR
• As required in Table 1 below. (The values in Table 1 are a general guide to
determine if a TIS will be required.)
Table 1: Approximate TIS Trigger Values
Land Use Type Land Use Code Trigger Value
Residential 210 220 221 270 100 Dwellina Units
Retail 815, 820, 850 35,000 square feet
Office 710, 750, 770 50,000 square feet
Industrial 110, 130, 140, 150 70,000 square feet
Lodging 310, 312, 320 100 rooms
School (K-12) II
District policy 7106.1.1 Initial Meeting: It is recommended that the applicant of a proposed
development that may require a TIS, review the project with District staff before submitting the
development application to the lead land use agency. The initial meeting may need to include
staff from the lead land use agency, COMPASS, and the Idaho Transportation Department, (if
ITD roadways will be impacted), and other agencies as appropriate. The District will review the
requirements for the TIS with the applicant and set the general parameters for the study. It is
recommended that the applicant submit the TIS directly to the District prior to the submittal of a
development application to the lead land use agency (Submitting the TIS before the
development application will allow time for the TIS review which will help to expedite approval of
the development.) If the assumptions in the TIS do not match the development application, the
TIS may need to be revised. It will be determined at the Initial Meeting which agencies and/or
parties shall continue to be involved in the review of the TIS.
Staff Comments: The site is designated as mixed use and the applicant has proposed
commercial and high density residential uses that would trigger the requirement for a Traffic
Impact Study per District policy. Consistent with District policy for Traffic Impact Studies, the
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applicant should schedule an initial meeting with ACHD to discuss the scope of the Traffic
Impact Study and submit a TIS for staff review.
3. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Functional PM Peak PM Peak
Roadway Frontage Classification Hour Hour Level
Traffic Count of Service
Principal Better than
Franklin Road 720-feet Arterial 947 "D"
Ten Mile Road 1,500-feet Minor Arterial 1,474 Better than
"E"
• Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH).
* Acceptable level of service for a five-lane minor arterial is "E" (1,540 VPH).
1. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Ten Mile Road north of Franklin Road was 27,049 on
1/10/2018.
• The average daily traffic count for Franklin Road east of Ten Mile Road was 14,211 on
12/19/2018.
C. Findings for Consideration
This application is for annexation and rezone only. Listed below are some findings for
consideration that the District may identify when it reviews a future development application. The
District may add additional findings for consideration when it reviews a specific redevelopment
application.
1. Ten Mile Interchange Specific Area Plan (TMISAP)
The transportation element of the TMISAP is to guide transportation decisions in the Ten Mile
Interchange Area. It was developed concurrently with the Land Use and Design Elements and
has been designed to preserve the integrity of the arterial road system and the proposed Ten
Mile interchange; provide for the use of public transit; enhance pedestrian and bicycle mobility
and accessibility; and create transportation infrastructure and promote land use patterns that
encourage the sustainable use of resources and reduces demands on natural resources.
The TMISAP recommends the construction of a north/south collector roadway along the east
property line extending south between 2 residential properties to connect to Franklin Road, a
10-foot wide west/east pathway at the north property line, a 10-foot wide pathway along Ten
Mile Creek at the site's southwest corner and a 10-foot wide pathway abutting Ten Mile Road on
the site's west property line. (As indicated by the red ovals on the picture below). The TMISAP
also indicates that all access should be taken from the collector roadway network. However, the
future development will not be able to construct the new north/south collector roadway at the
site's east property line to connect to Franklin Road because the TMISAP and Master Street
Map shows the new collector roadway extending centered between 2 residential properties
abutting Franklin Road that are not included with the development. The development will be
required to take access from Ten Mile Road until the 2 residential properties to the south of the
site redevelop and extend the north/south collector roadway to connect to Franklin Road.
Driveways proposed onto Ten Mile Road with the development will need to be evaluated in the
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TIS and may be designated as temporary driveways by ACHD until the collector roadway
network is connected to Franklin Road.
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2. Franklin Road
a. Existing Conditions: Franklin Road is improved with 5 to 7-lanes, bike lanes, vertical curb,
gutter, and 7-foot wide attached concrete sidewalk abutting the site. There is 110 to 115-feet
of right-of-way for Franklin Road (50-feet to 65-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.
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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 Ten Mile Road is designated in the
MSM as a Planned Commercial Arterial with 5-lanes and on-street bike lanes, a 72-foot street
section within 97-feet of right-of-way.
c. Staff Comments/Recommendations: Franklin Road is already improved with 5 to 7 travel
lanes, bike lanes, vertical curb, gutter and sidewalk within 105 to 115-feet of right-of-way
abutting the site meeting the intent of the MSM. Therefore, staff recommends no additional
street improvements or right-of-way dedication be required on Franklin Road with the future
development application unless additional improvements are warranted based on the findings
in the TIS.
Consistent with ACHD's Minor Improvement Policy, the applicant should be required to replace
any broken to deteriorated portions of curb, gutter, and sidewalk abutting the site on Franklin
Road.
3. Ten Mile Road
a. Existing Conditions: Ten Mile Road is improved with 5 to 7 travel lanes, bike lanes, vertical
curb, gutter, and 8-foot wide attached concrete sidewalk abutting the site. There is 95 to 120-
feet of right-of-way for Ten Mile Road (50-feet to 60-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
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continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District's planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
streets adjacent to a proposed development may be required. These improvements are to
correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or
replacement; curb and gutter construction or replacement; replacement of unused driveways
with curb, gutter and sidewalk; installation or 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 Ten Mile Road is designated in the
MSM as a Residential Mobility Arterial with 5-lanes and on-street bike lanes, a 72-foot street
section within 100-feet of right-of-way.
c. Staff Comments/Recommendations: Ten Mile Road is already improved with 5 to 7 travel
lanes, bike lanes, vertical curb, gutter and sidewalk within 95 to 120-feet of right-of-way abutting
the site meeting the intent of the MSM. Therefore, staff recommends no additional street
improvements or right-of-way dedication be required on Ten Mile Road with the future
development application unless additional improvements are warranted based on the findings
in the TIS.
Consistent with ACHD's Minor Improvement Policy, the applicant should be required to replace
any broken to deteriorated portions of curb, gutter, and sidewalk abutting the site on Ten Mile
Road.
4. North/South Collector Street
a. Existing Conditions: There are no collector roadways within the site. There is an east/west
collector roadway that is proposed to be constructed to stub to the site's east property line
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located 447-feet north of Franklin Road. The street is not yet constructed and was approved as
part of ACHD's action on the FedEx Shipping Center located directly east of the site.
b. Policy:
Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for
improving all collector frontages adjacent to the site or internal to the development as required
below, regardless of whether access is taken to all of the adjacent streets.
Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector
street is designated with a typology on the Master Street Map, that typology shall be considered
for the required street improvements. If there is no typology listed in the Master Street Map,
then standard street sections shall serve as the default.
Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard
right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location
and width of the sidewalk and the location and use of the roadway. The right-of-way width may
be reduced, with District approval, if the sidewalk is located within an easement; in which case
the District will require a minimum right-of-way width that extends 2-feet behind the back-of-
curb on each side.
The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically
accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike
lanes.
Residential Collector Policy: District policy 7206.5.2 states that the standard street section
for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District
will consider a 33-foot or 29-foot street section with written fire department approval and taking
into consideration the needs of the adjacent land use, the projected volumes, the need for
bicycle lanes, and on-street parking.
Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all collector 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.
Half Street Policy: District Policy 7206.2.2 required improvements shall consist of pavement
widening to one-half the required width, including curb, gutter and concrete sidewalk (minimum
5-feet), plus 12-feet of additional pavement widening beyond the centerline established for the
street to provide an adequate roadway surface, with the pavement crowned at the ultimate
centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway
storm runoff shall be constructed on the unimproved side.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway
features required through development. A new north/south collector roadway at the site's east
property line and an east/west collector roadway directly east of the site were identified on the
MSM with the street typology of Industrial Collector. The new north/south collector roadway
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should align with Wayfinder Road on the south side of Franklin Road and continue along the
east property line to meet the MSM west/east collector road that is proposed. The Industrial
Collector typology as depicted in the Livable Street Design Guide recommends a 3-lane
roadway with bike lanes, and on street parking, a 46-foot street section within 50 to 70-feet of
right-of-way.
c. Applicant Proposal: The applicant has proposed to construct the north/south collector
roadway at the east property line as '/2 of a collector street section.
d. Staff Comments/Recommendations: With the future development application, the applicant
should be required to construct the north/south collector roadway at the east property line
beginning at the east/west collector road located 447-feet north of Franklin Road that is
proposed to be constructed with the Fed Ex Shipping Center and extend the road south to stub
to the site's southeast property corner consistent with the MSM.
The applicant should be required to construct the north/south collector road as '/z of a 46-foot
wide collector street section with vertical curb, gutter and 5-foot detached (7-foot attached)
concrete sidewalk plus 12-feet of additional pavement widening beyond the centerline of the
road to provide an adequate travel surface with a 3-foot wide gravel shoulder and borrow ditch
sized to accommodate the roadway storm runoff on the unimproved side of the roadway. The
applicant should be required to dedicate right-of-way to fit the improvements. For attached
sidewalk, the applicant should be required to dedicate right-of-way that extends to 2-feet
behind the back of sidewalk. For detached sidewalk, the applicant may reduce the right-of-
way to 2-feet behind the back of curb and provide a permanent right-of-way easement that
extends from the right-of-way line to 2-feet behind the back of sidewalk.
The applicant will not be able to extend the street to intersect Franklin Road as shown in the
TMISAP and MSM because of existing residential properties to the south of the site. The
street will stub to the site's southeast property corner until it can be extended to Franklin Road
with the future redevelopment of the residential properties.
5. Roadway Offsets
a. Existing Conditions: There are no roadways within the site.
b. Policy:
Collector Offset Policy: District policy states that new unsignalized collector streets should
align or offset a minimum of 1,320-feet when intersecting a principal arterial.
District policy 7206.4.5, states that the preferred spacing for a new local street intersecting a
collector roadway to align or offset a minimum of 330-feet from any other street (measured
centerline to centerline).
c. Staff Comments/Recommendations: The future development application will be subject to
the District policies listed above.
6. Stub Streets
a. Existing Conditions: There are no stub streets within the site.
b. Policy:
Stub Street Policy: District policy 7206.2.4.3 (collector)states that stub streets will be required
to provide circulation or to provide access to adjoining properties. Stub streets will conform with
the requirements described in Section 7206.2.4 (collector), 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 IS A DESIGNATED COLLECTOR
ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
In addition, stub streets must meet the following conditions:
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• A stub street shall be designed to slope towards the nearest street intersection within the
proposed development and drain surface water towards that intersection; unless an
alternative storm drain system is approved by the District.
• The District may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
Temporary Dead End Streets Policy: 7206.2.4.4 (collector) requires that the design and
construction for cul-de-sac streets shall apply to temporary dead end streets. The temporary
cul-de-sac shall be paved and shall be the dimensional requirements of a standard cul-de-sac.
The developer shall grant a temporary turnaround easement to the District for those portions of
the cul-de-sac which extend beyond the dedicated street right-of-way. In the instance where a
temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the
easement and identified on the plat as a non-buildable lot until the street is extended.
c. Applicant's Proposal: The applicant has proposed to construct the north/south collector
roadway to stub to the site's southeast property corner with the future development.
d. Staff Comments/Recommendations: The applicant's proposal is consistent with the MSM.
The applicant should be required to stub the north/south collector roadway to the site's
southeast property corner, as proposed, with the future development application. The applicant
should be required to install a sign at the terminus of the street stating, "THIS IS A
DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND
WIDENDED IN THE FUTURE."
7. Driveways
7.1 Franklin Road
a. Existing Conditions: There is an existing 36-foot wide paved driveway from the site onto
Franklin Road located 710-feet east of Ten Mile 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.
Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1 b under District policy 7205.4.7, unless a waiver for the access point has been approved
by the District Commission. Driveways, when approved on a principal arterial shall operate as
a right-in/right-out only, and the District will require the construction of a raised median to restrict
the left turning movements.
Number of Driveways on Arterials: District policy 7207.4.4 The intent of this policy is to limit
the number of access points to those that are warranted or necessary to serve the development,
while maintaining the function and performance of the arterial. The guidelines below shall be
used when more than one access point is being requested with a development.
Additional driveways may be considered when one or more of the following conditions are met:
• The daily volume using one driveway exceeds 5,000 vehicles (total volume for entering
and exiting traffic).
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• Traffic using one driveway exceeds the volume to capacity ratio (v/c) equal to or greater
than 1, of a STOP controlled intersection during either the peak hour of the street or the
peak hour of the site traffic generation.
• A District approved traffic impact study and analysis determines that conditions warrant
additional driveways.
Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal
arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right-
in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways.
Successive Driveways: District policy 7205.4.7 Table 1 b, requires driveways located on
principal arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 355-feet
from any existing or proposed driveway for a right-in/right-out only driveway. Full access
driveways are not allowed on principal arterial roadways.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-
volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be
required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as that which
"is permitted for use until appropriate alternative access becomes available". Temporary access
may be granted through a development agreement or similar method, and the developer shall
be responsible for providing a financial guarantee for the future closure of the driveway.
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.
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.
c. Applicant's Proposal: The applicant has proposed to use the existing 36-foot wide driveway
onto Franklin Road located 710-feet east of Ten Mile Road as a full access driveway with the
future development. The applicant has also proposed to construct a right-in/right-out driveway
onto Franklin Road located less than 300-feet from Ten Mile Road.
Staff Comments/Recommendations: The applicant's proposal does not meet the District
Access policy which states that if a property has frontage on more than one street, access shall
be taken from the street having the lesser functional classification, and the Driveway Location
policy which states that when allowed on principal arterial roadways, driveways should be
located 355-feet from the nearest intersection for a right-in/right-out only driveway. The
applicant's proposal also does not follow the TMISAP which indicates that all access should be
taken from the collector roadway system. However, the applicant will not be able to take access
from a collector roadway because they will not be able to extend the north/south collector
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roadway to the south to connect to Franklin Road due to 2 existing residential properties to the
south of the site. Since Ten Mile Road is a minor arterial and is the lesser classified street than
Franklin Road, a principal arterial, access should be taken onto Ten Mile Road with the future
development consistent with the District Access policy. Driveway access onto Franklin Road
may be allowed at the discretion of ACHD if the applicant's traffic impact study demonstrates
that a driveway onto Franklin Road is necessary to serve the site consistent with the District's
Number of Driveways on Arterials policy.
Existing driveways from the site onto Franklin Road that will not be utilized with the future
development will be required to be closed with curb, gutter and sidewalk to match existing
improvements with the future development application.
7.2 Ten Mile Road
a. Existing Conditions: There are 4 existing 38-foot wide paved curb return type driveways onto
Ten Mile Road from the site located:
• 260-feet north of Franklin Road, 115-feet south of an existing driveway,
• 610-feet north of Franklin Road, 190-feet south of an existing driveway,
• 970-feet north of Franklin Road, 100-feet south of an existing driveway, and
• 1,300-feet north of Franklin Road, 235-feet north of an existing driveway.
b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to 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.
Number of Driveways on Arterials: District policy 7207.4.4 The intent of this policy is to limit
the number of access points to those that are warranted or necessary to serve the development,
while maintaining the function and performance of the arterial. The guidelines below shall be
used when more than one access point is being requested with a development.
Additional driveways may be considered when one or more of the following conditions are met:
• The daily volume using one driveway exceeds 5,000 vehicles (total volume for entering
and exiting traffic).
• Traffic using one driveway exceeds the volume to capacity ratio (v/c) equal to or greater
than 1, of a STOP controlled intersection during either the peak hour of the street or the
peak hour of the site traffic generation.
• A District approved traffic impact study and analysis determines that conditions warrant
additional driveways.
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
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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 35 MPH to align or offset a minimum of 330-feet from
any existing or proposed driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-
volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be
required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
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.
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.
c. Applicant's Proposal: The applicant has proposed to use the existing 4 driveways from the
site onto Ten Mile Road in the future development application. The applicant has proposed to
restrict the existing driveways located 260-feet and 970-feet north of Franklin Road as right-
in/right-out only. The applicant has proposed to use the existing driveways located 610-feet and
1,300-feet north of Franklin Road as full access driveways.
Staff Comments/Recommendations: The applicant's proposal does not meet the District's
Successive Driveways policy that requires driveways intersecting a minor arterial be offset 330-
feet from any existing or proposed driveway, the District's Driveaway Location policy that
requires driveways located on a minor arterial to be located a minimum of 330-feet from the
nearest intersection, or the TMISAP that indicates all access should be taken from the collector
roadway system. Typically, the development would be allowed access onto only the collector
roadway consistent with the TMISAP, however, the development will not be able to extend the
new collector road to the south access the site from Franklin Road because of the 2 existing
residential properties to the south of the site that are not included with the development. Ten
Mile Road is classified as a minor arterial and Franklin Road is classified as a principal arterial.
Since the development will not be able to use the collector roadway system to access the site
at the time of the site's development, access for the development should be taken from Ten
Mile Road because Ten Mile Road is the lesser classified road consistent with the District's
Access policy.
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The applicant should evaluate the driveways onto Ten Mile Road in the TIS and provide
justification to demonstrate that they are needed to serve the site consistent with the District's
Number of Driveways on Arterials policy. Based on the findings in the TIS, driveways onto Ten
Mile Road may be designated as temporary by ACHD until the north/south collector roadway
can be constructed to intersect Franklin Road to provide access to the site. Based on the
findings in the TIS, ACHD may also require some existing driveways onto Ten Mile Road to be
closed with curb, gutter and sidewalk to match existing improvements on either side.
7.3 New Collector Road
a. Existing Conditions: There are no collector roadways within the site.
b. Policy:
Access 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.
District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the
local street system and carry that traffic to the nearest arterial. A secondary function is to service
adjacent property. Access will be limited or controlled. Collectors may also be designated at
bicycle and bus routes.
Driveway Location Policy (Signalized Intersection): District policy 7206.4.3 requires
driveways located on collector roadways near a signalized intersection to be located outside
the area of influence; OR a minimum of 440-feet from the signalized intersection for a full-access
driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only
driveway. Dimensions shall be measured from the centerline of the intersection to the centerline
of the driveway.
Driveway Location Policy (Stop Controlled Intersection): District policy 7206.4.4 requires
driveways located on collector roadways near a STOP controlled intersection to be located
outside of the area of influence; OR a minimum of 150-feet from the intersection, whichever is
greater. Dimensions shall be measured from the centerline of the intersection to the centerline
of the driveway.
Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on
collector roadways with a speed limit of 25 MPH and daily traffic volumes greater than 100 VTD
to align or offset a minimum of 245-feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-
volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be
required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7206.4.6, 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 7206.4.6.
c. Staff Comments/Recommendations: The future development application will be subject to
the District policies listed above.
8. Private Roads
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a. Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada County
establish the requirements for private streets. The District retains authority and will review the
proposed intersection of a private and public street for compliance with District intersection
policies and standards. The private road should have the following requirements:
• Designed to discourage through traffic between two public streets,
• Graded to drain away from the public street intersection, and
• If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of
50-feet from the near edge of the intersection and a turnaround shall be provided.
b. Applicant Proposal: The applicant has proposed a private road network for the future
development application.
c. Staff Comments/Recommendations: Staff supports the private road network that is proposed
for the future development application. There are no public streets planned in the MSM and
TMISAP beyond the north-south collector roadway at the site's east property line and there are
no additional opportunities for connectivity to the north.
If the City of Meridian approves the private road with the future development application, the
applicant shall be required to pave the private roadway a minimum of 20 to 24-feet wide and at
least 30-feet into the site beyond the edge of pavement of all public streets and install pavement
tapers with 15-foot curb radii abutting the existing roadway edge. If private roads are not approved
by the City of Meridian, the applicant will be required to revise and resubmit the preliminary plat
to provide public standard local streets in these locations.
Street name and stop signs are required for the private road. The signs may be ordered through
the District. Verification of the correct, approved name of the road is required.
ACHD does not make any assurances that the private road, which is a part of this application, will
be accepted as a public road if such a request is made in the future. Substantial redesign and
reconstruction costs may be necessary in order to qualify this road for public ownership and
maintenance.
The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD:
• Dedicate a minimum of 50-feet of right-of-way for the road.
• Construct the roadway to the minimum ACHD requirements.
• Construct a stub street to the surrounding parcels.
9. 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.
10. 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.
11. Other Access
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Franklin Road is classified as a principal arterial roadway, Ten Mile Road is classified as a minor
arterial roadway, and the new north/south roadway at the east property line is a collector roadway.
Other than the access specifically approved with the future development application, direct lot
access will be prohibited to these roadways and should be noted on the final plat.
D. Site Specific Conditions of Approval
This application is for an annexation and rezone only. Site specific conditions of approval will be
established as part of the future development application.
1. Payment of impact fees is due prior to issuance of a building permit.
2. 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
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
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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
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Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway and
road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5)working days upon notification of required right of way improvements
by Highway entities, developers shall provide written notification to the affected utility owners and
the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to,
project limits, scope of roadway improvements/project, anticipated construction dates, and any
portions critical to the right of way improvements and coordination of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the utility
owners. Conference notification shall also be sent to the UCC. During the review meeting the
developer shall notify utilities of the status of right of way/easement acquisition necessary for their
project. At the plan review conference each company shall have the right to appeal, adjust and/or
negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter
of review indicating the costs and time required for relocation of its facilities. Said letter of review
is to be provided within thirty calendar days after the date of the plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the anticipated
date work will commence. This notification shall indicate that the work to be performed shall be
pursuant to final approved plans by the highway entity. The developer shall schedule a
preconstruction meeting prior to right of way improvements. Utility relocation activity shall be
completed within the times established during the preconstruction meeting, unless otherwise
agreed upon.
Notification to the Ada County UCC can be sent to:50 S. Cole Rd. Boise 83707, or Visit iducc.com
for e-mail notification information.
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Development Process Checklist
Items Completed to Date:
®Submit a development application to a City or to Ada County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Section will receive the development application to review
®The Planning Review Section will do one of the following:
❑Send a"No Review" letter to the applicant stating that there are no site specific conditions of approval at
this time.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
❑Write a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
Items to be completed by Applicant:
❑For ALL development applications, including those receiving a "No Review" letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD,then architectural plans may be submitted for purposes of impact fee assessment.)
• The applicant is required to get a permit from Construction Services(ACHD)for ANY work in the right-of-way,
including, but not limited to,driveway approaches, street improvements and utility cuts.
❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Non-Subdivisions)
❑ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request"form to ACHD Construction (for approval by Development Services & Traffic
Services). There is a one week turnaround for this approval.
❑Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application"to ACHD Construction—Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
❑ Sediment&Erosion Submittal
• At least one week prior to setting up a Pre-Construction Meeting an Erosion &Sediment Control Narrative&Plan, done
by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD
Stormwater Section.
❑ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
❑ Final Approval from Development Services is required prior to scheduling a Pre-Con.
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Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the Development Services Manager when it is alleged that the
Development Services Manager did not properly apply this section 7101.6, did not consider all of
the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily
and capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
and Clerk of the District, which must be filed within ten (10)working days from the date of
the decision that is the subject of the appeal. The notice of appeal shall refer to the
decision being appealed, identify the appellant by name, address and telephone number
and state the grounds for the appeal. The grounds shall include a written summary of the
provisions of the policy relevant to the appeal and/or the facts and law relied upon and
shall include a written argument in support of the appeal. The Commission shall not
consider a notice of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The Development Services Manager shall have ten (10) working days
from the date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may also consider
and/or modify the decision that is being appealed. A copy of the reply and any
modifications to the decision being appealed will be provided to the appellant prior to the
Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the Development Services
Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice
of appeal and the reply shall be delivered to the Commission at least one (1) week prior
to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
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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.
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