2020-10-30 ITD access denial letter 1DAH0
* * Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT
Ma : P.O. Box 8028 • Boise, ID 83707-2028
Your Economic Opportunity (208)334-8300 • itd.idaho.gov
May 5, 2020
Patrick Connor
Director of Planning and Design
Hubble Homes
701 S Allen St., #104
Meriden, ID 83642
RE: Denial of Permit Application for Access on US 20/26 near MP 34.65 right (Permit#3-20-507)
Via Email
Dear Mr. Connor,
Idaho Administrative Code 39.03.42 ("IDAPA") governs permit applications, denials, and the appeals process relating to
encroachment permits.The Idaho Transportation Department (ITD) may issue encroachment permits to allow property
owners to access the state highway system. IDAPA 39.03.42.100.01(a) and 39.03.42.300.01. However, in order for a
permit to be issued, a requested approach must meet ITD's access control criteria. IDAPA 39.03.42.300.01. If the
requested approach does not meet criteria for safety and highway operations, access control and/or other concerns,
then the permit may be denied. IDAPA 39.03.42.400.03.The District is required to consider various factors in reviewing
an encroachment permit. Such factors include current access control, design standards, safety and long-range planning
goals, among others. IDAPA 39.03.42.200.09.
Upon review of your permit application and in consideration of the relevant regulations,the permit application for an
approach on SH-44 near milepost 34.65 (right)to the proposed Prescott Ridge Medical Campus has been denied by the
Idaho Transportation Department (ITD).
Basis for Denial:
IDAPA 39.03.42.400.03 Table 1 provides the minimum recommended driveway distance upstream from a public road
intersection for a Statewide highway in a transitional area as 760ft.The upstream distance between the proposed
approach and Levi Lane is approximately 570ft.
IDAPA 39.03.42.400.08.b states "Traffic movements into and out of a business shall be designed, whenever possible, to
utilize existing local roads."The medical campus has access to Levi Lane.The intersection of Levi Lane/SH-44 is
planned to be signalized with the Central Valley Development, (signal construction anticipated in 2022).
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1DAH0
* * Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT
Ma : P.O. Box 8028 • Boise, ID 83707-2028
Your Economic Opportunity (208)334-8300 • itd.idaho.gov
IDAPA 39.03.42.200.09 requires the department to review each application for safety concerns. Emergency vehicles
entering/existing the proposed approach in such close proximity to a future signal is unexpected and may cause
crashes.The future signal at Levi Lane will have preemption capabilities to safely stop traffic for emergency vehicles.
The permit application identified that the proposed approach is needed to meet Meridian code,which requires a
hospital must have direct access to an arterial street. ITD has spoken with Meridian planning department staff,they
concur that access is most safely taken from Levi Lane and will request a reconfigured hospital site layout.
Administrative Remedies:
As a result of this denial,you have the option to appeal this denial in accordance with IDAPA 39.03.42.200.13, Idaho
Rules of Administrative Procedure of the Attorney General.
Pursuant to ITD Administrative Decision 5025,the appeal process is a two-step process. First,the written appeal is
directed to the District Engineer who shall have 30 working days to review the appeal.
Mr. Caleb Lakey
District Engineer
Idaho Transportation Department—District 3
P.O. Box 8028
Boise, Idaho 83707
The District Engineer will have 30 working days to review the appeal. Notice of the District Engineer's decision will be
sent to you via certified mail within 7 days of the ruling. IDAPA 39.03.42.003.03. If the District Engineer does not
overturn the denial,you will have 21 days from the date of the District Engineer's decision to submit a written request
for an appeal to the Idaho Transportation Board. IDAPA 39.03.42.003.03.
The request for an appeal to the Idaho Transportation Board for an administrative hearing must be in writing and
submitted within 21 days to:
Ms. Heidi Lewis
Legal Services Division
Idaho Transportation Department
P.O. Box 8028
Boise, Idaho 83707-1129
Upon receipt of your request, the Director of ITD shall appoint an administrative hearing officer and an administrative
hearing will be scheduled.The administrative hearing officer will preside over the hearing, pursuant to Idaho
Transportation Department, Administrative Policy, 5025 and Idaho Transportation Department Board Policy 4025.The
administrative hearing officer will contact you and ITD to discuss this matter, schedule a hearing date, and request
whatever documentation he believes is necessary. After the administrative hearing, the hearing officer shall issue
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1DAH0
* * Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT
Ma : P.O. Box 8028 • Boise, ID 83707-2028
Your Economic Opportunity (208)334-8300 • itd.idaho.gov
findings of fact, conclusions of law and a recommended order to the Director of ITD.The Director of ITD shall review
the hearing officer's findings of fact, conclusions of law and recommended order for approval or denial. You will be
notified of the Director's decision by mail.
If you have any questions,you may contact me directly at(208) 265-4312 at extension#7.
Respectfully,
fwapt f-oly"
Justin Price
ITD—District 3
Traffic Engineer
CC.
Sonya Allen—City of Meridian
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