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ACHD Comments-Final-MER21-0104, Holiday Inn Express, A-2021-0156   1 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 Development Services Department Project/File: Holiday Inn Express/ MER21-0104/ A-2021-0156 This is a design review and certificate of zoning compliance application for the development of a 54,167-foot Holiday Inn Express hotel on 3.1 acres. Lead Agency: The City of Meridian Site address: 815 S. Allen Street & 2920 E. Freeway Drive Staff Approval: September 24, 2021 Applicant: HLE Inc. Gilmore E.I. 101 S. Park Avenue, #210 Idaho Falls, ID 83402 Staff Contact: Renata Ball-Hamilton Phone: 387-6171 E-mail: rhamilton@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a design review and certificate of zoning compliance for the development of a 54,167-square foot Holiday Inn Express with 91 guestroom development on 3.1 acres. This site is in the C-G (General Retail & Service Commercial) and L-O (Limited Office) zoning district. The proposal is consistent with the City of Meridian’s comprehensive plan, which designates this area as Commercial. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Rural-Urban Transition (Ada County)/ Commercial-General RUT, C-G South Rural-Urban Transition (Ada County)/ Light Industrial RUT, I-L East Commercial-General C-G West Rural-Urban Transition (Ada County)/ Limited Office RUT/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 centerline miles of new public road. 2 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 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): • Bridge Number 1224 over the Five Mile Creek on Wells Street is scheduled in the IFYWP for design in 2024 and will be replaced in the future. 8. Roadways to Bikeways Master Plan: ACHD’s Roadways to Bikeways Master Plan (BMP) was adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to implement the Planned Bicycle Network to support bicycling as a viable transportation option for Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of good repair in order to ensure they are consistently available for use, promote awareness of existing bicycle routes and features and support encouragement programs and to facilitate coordination and cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan recommendations. The BMP identifies Magic View Drive as an existing Level 1 facility. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 761 vehicle trips per day; 55 vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 10th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) ** ACHD does not set level of service thresholds for State Highways. 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts. • There are no current daily traffic counts for Freeway Drive east of Wells Street. • The average daily traffic count for Allen Street south of Magic View Drive was 2,989 on October 29, 2019 • The average daily traffic count for Wells Street south of Magic View Drive was 525 on September 25, 2018. C. Findings for Consideration 1. Interstate 84 Roadway Frontage Functional Classification PM Peak Hour Traffic Count **Interstate 84 0-feet Interstate N/A Freeway Drive 357-feet Local N/A Allen Street 41-feet Local 89 Wells Street 453-feet Local 46 3 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 SH-84/Interstate 84 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-84/ Interstate 84. 2. Allen Street a. Existing Conditions: Allen Street is improved with 2-travel lanes, vertical curb, gutter, and 24- feet of pavement and a 6-foot wide attached sidewalk abutting the site. There is 60-feet of right- of-way for Allen Street (28-feet from centerline). b. Policy: Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible for improving all commercial street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7208.5 states that right-of-way widths for new commercial streets shall typically be 50 and 70-feet wide and that the standard street section will vary depending on the need for a center turn lane, bike lanes, volumes, percentage of truck traffic, and/or on-street parking. • A 40-foot street section (back-of-curb to back-of-curb) will typically accommodate two travel lanes and a center turn lane. Sidewalk Policy: District Policy 7208.5.6 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all commercial streets. If a separated sidewalk is proposed, 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. 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. c. Applicant’s Proposal: The applicant is not proposing any improvements to Allen Street abutting the site. d. Staff Comments/Recommendations: Allen Street is already improved with 2-travel lanes, vertical curb, gutter, and 6-foot wide attached concrete sidewalk within 60-feet of right-of-way, which meets District policy. Therefore, staff recommends no additional improvements or right- of-way dedication be required with the development application. Consistent with the District’s Minor Improvements policy, the applicant should be required to replace any damaged or deteriorated portions of curb, gutter, and sidewalk on Allen Street abutting the site. 3. Freeway Drive a. Existing Conditions: Freeway Drive is improved with 2-travel lanes, and no curb, gutter or sidewalk abutting the site. There is 57 to 62-feet of right-of-way for Freeway Drive (30-feet from centerline). 4 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 b. Policy: Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible for improving all commercial street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7208.5 states that right-of-way widths for new commercial streets shall typically be 50 and 70-feet wide and that the standard street section will vary depending on the need for a center turn lane, bike lanes, volumes, percentage of truck traffic, and/or on-street parking. • A 36-foot street section (back-of-curb to back-of-curb) will typically accommodate two travel lanes and on-street parking. Sidewalk Policy: District Policy 7208.5.6 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all commercial streets. If a separated sidewalk is proposed, 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. 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 7208.2.2 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. c. Applicant’s Proposal: The applicant is proposing to improve Freeway Drive as one half of a 36-foot Commercial Street section, complete with pavement widening, vertical curb, gutter, and 6-foot wide attached concrete sidewalk. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. Staff notes if street trees are required by the City of Meridian, then the applicant should provide an 8-foot wide planter strip. Meandering sidewalks are discouraged due to issues associated with ADA compliance. Provide a permanent right-of-way easement for sidewalks located outside of the dedicated right-of-way. 4. Wells Street a. Existing Conditions: Wells Street is improved with 2-travel lanes, 24-feet of pavement and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for Wells Street (26- feet from centerline). b. Policy: Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible for improving all commercial street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7208.5 states that right-of-way widths for new commercial streets shall typically be 50 and 70-feet wide and that the standard street 5 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 section will vary depending on the need for a center turn lane, bike lanes, volumes, percentage of truck traffic, and/or on-street parking. • A 36-foot street section (back-of-curb to back-of-curb) will typically accommodate two travel lanes and on-street parking. Sidewalk Policy: District Policy 7208.5.6 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all commercial streets. If a separated sidewalk is proposed, 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. 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 7208.2.2 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. c. Applicant’s Proposal: The applicant is not proposing any frontage improvements for Wells Street abutting the site. d. Staff Comments/Recommendations: Consistent with ACHD’s Local Commercial Street policy, the applicant should be required to construct Wells Street abutting the site as one half of a 36-foot wide local commercial street system with pavement widening, vertical curb, gutter, and 5-foot wide detached or 7-foot wide attached concrete sidewalk. The right-of-way should extend 2-feetbeyond the sidewalk if it is attached. If street trees are required by the City of Meridian, then the applicant should provide an 8-foot wide planter strip. Meandering sidewalks are discouraged due to issues associated with ADA compliance. Detached sidewalk should be constructed to be parallel to the roadway. Provide a permanent right-of-way easement for sidewalks located outside of the dedicated right-of-way. 5. Driveways 5.1 Allen Street a. Existing Conditions: There is an existing 25-foot wide shared curb return type driveway from the site onto Allen Street, located at the site’s east property line. This driveway is shared with the parcel located directly southeast of the site. b. Policy: Driveway Location Policy: District policy 7208.4.1 requires driveways near intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street intersection, and 150-feet from the nearest collector/arterial or arterial street intersect ion. Successive Driveways: District Policy 7208.4.1 states that successive driveways away from an intersection shall have no minimum spacing requirements for access points along a local street, but the District does encourage shared access points where appropriate. 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. 6 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7208.4.3, 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. Driveway Design Requirements: District policy 7208.4.3 states if an access point is to be gated, the gate or keypad (whichever is closer) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. 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. 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 is proposing to use the existing 25-foot wide shared access curb return type driveway, located at the site’s east property line, on Allen Steet to access the site. d. Staff Comments/Recommendations: The applicant’s proposal meets District Policy and should be approved as proposed. 5.2 Freeway Drive a. Existing Conditions: There is an existing 16-foot wide unpaved driveway from the site onto Freeway Drive located at the site’s southeast property line. b. Policy: Driveway Location Policy: District policy 7208.4.1 requires driveways near intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street intersection, and 150-feet from the nearest collector/arterial or arterial street intersection. Successive Driveways: District Policy 7208.4.1 states that successive driveways away from an intersection shall have no minimum spacing requirements for access points along a local street, but the District does encourage shared access points where appropriate. 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, 7208.4.3, 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. Driveway Design Requirements: District policy 7208.4.3 states if an access point is to be gated, the gate or keypad (whichever is closer) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. c. Applicant’s Proposal: The applicant is proposing to close the existing 16-foot wide unpaved driveway from the site onto Freeway Drive located at the site’s southeast property line with curb, gutter, and 6-foot wide attached concrete sidewalk. 7 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 The applicant is proposing to construct two 25-foot wide curb-return type driveways from the site onto Freeway Drive located approximately 43-feet west of the site’s southeast property line and 73- feet east of the site’s southwest property line (measured property line to centerline). d. Staff Comments/Recommendations: The applicant’s proposal to close the existing driveway meets District policy. The applicant should be required to close the existing 16-foot wide unpaved driveway from the site onto Freeway Drive, located at the site’s southeast property line, with curb, gutter, and concrete sidewalk. The applicant’s proposal to construct two 25-foot wide curb-return type driveways from the site onto Freeway Drive, located 43-feet west of the site’s southeast property line and 73-feet east of the site’s southwest property line meets District Policy and should be approved as proposed. The applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Freeway Drive. 6. 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. 7. 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. D. Site Specific Conditions of Approval 1. Replace any damaged or deteriorated portions of curb, gutter, and sidewalk on Allen Street abutting the site. 2. Construct Freeway Drive as one half of a 36-foot wide local commercial street section, vertical curb, gutter, and 6-foot wide attached concrete sidewalk, as proposed. 3. Construct Wells Street abutting the site as one half of a 36-foot wide local commercial street system with vertical curb, gutter, and 5-foot wide detached or 7-foot wide attached concrete sidewalk. 4. If detached sidewalks and street trees are required by the City of Meridian, then an 8-foot wide planter strip should be provided. 5. If necessary, dedicate additional right-of-way to extend 2-feet behind the back of the sidewalk for an attached sidewalk or 2-feet behind the back of curb for a detached sidewalk. Provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right-of- way. 6. Close the existing 16-foot wide unpaved driveway onto Freeway Drive located at the site’s southeast property line with curb, gutter, and 6-foot wide attached concrete sidewalk, as proposed. 7. Construct a 25-foot wide curb-return type driveways from the site onto Freeway Drive located 43- feet west of the site’s southeast property line. 8 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 8. Construct a 25-foot wide curb-return type driveways from the site onto Freeway Drive located 73- feet east of the site’s southwest property line. 9. Pave both driveways their full width and at least 30-feet into the site beyond the edge of pavement of Freeway Drive. 10. 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. 11. Payment of impact fees is due prior to issuance of a building permit. 12. 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 the planned use of the property, which is the subject of this application, shall require the applicant 9 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 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. Appeal Guidelines 10 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 VICINITY MAP 11 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 SITE PLAN 12 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 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. 13 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 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. 14 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 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 char ged 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. 15 DRAFT Holiday Inn Express/ MER21-0104/ A-2021-0156 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 m eeting 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.