ACHD CommentsNovember 5, 2008
~~~~~3
CHD
TO: Dr. Dan Thieme
1560 N. Crestmont Dr. Ste. A
Meridian, ID 83642
REP: Gerard W. Pope
2000 W. Emerald Falls Ct.
Meridian, ID 83642
SUBJECT: MCZC-08-097
Meridian Eye Care
125 W. Cherry Ln.
Carol A. McKee, President
Sherry R. Huber, 1st ice President
Dave Bivens, 2nd ice President
John S. Franden, Commissioner
Rebecca W. Amold, Commissioner
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On January 4, 2008, the Ada County Highway District acted on MCUP-07-022 for Meridian Family Eye
Care. The conditions and requirements also apply to MCZC-08-097.
• Prior to final approval you will need to submit construction plans to the ACHD
Development Review Section to insure compliance with the conditions identified above
and/or for traffic impact fee assessment. This is a separate review process that requires
direct plans submittal to the Development Review staff at the Highway District.
• A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning 8~ Development Services at 387-6170 for
information regarding impact fees.
If you have any questions or concerns please feel free to contact this office at (208) 387-6177.
Sincerely
~~~~
Chelsee Kucera
Right-of--Way and Development Services
CC: Project File
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
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Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-
of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
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. Comply with the District's Tree Planter Width Interim Policy.
6. 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.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) 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.
12. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
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Request for Appeal of Staff Decision
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~'' ~h`= 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
s._ r;;:; ' 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 ACRD Policy Manual.
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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.
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b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
`~°~' ' decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
~ the grounds for the appeal. The grounds shall include a written summary of the provisions
~~ ~ of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
5.
~- -~:=.. 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.
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c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
~~ ;; the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
"r the decision that is being appealed. A copy of the reply and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
~~~ d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
,; within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
- reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
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~ ~ 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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Develo ment Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
®Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of
a previous development application and that the site specific requirements from the previous development also apply to
this development application.
^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.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit a set of engineered plans directly to ACHD for review by the Development Review
Division 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 calculation.)
• 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 (Zone)
~N ~'~ ~ ^ Driveway or Property Appooaches)
• Submit a "Driveway Approach Request' form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
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^ 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-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACHD Drainage
Division.
^ 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
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
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Right-of-Way & Development Services DepcaYtrnent
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Project/File:
Lead Agency:
Site address:
Staff Approval:
MCUP-07-022 This is a conditional-use application for the construction of a 3,200 sf
medical office building on .34 acres.
City of Meridian
125 W. Cherry Ln.
January 4, 2008
Applicant: Dr. Dan Thieme
1560 N. Crestmont Dr, Ste A
Meridian, ID 83642
Representative: James Gibson Assoc.
PO Box 219
Eagle, ID 83616
Staff Contact: Coby Harrod
Phone: 387-6174
E-mail: charrod _achd.ada.id.us
Tech Review: December 21, 2007
Application Information:
Acreage: .34
Current Zoning: O-T
Building Size: 3,200 sf.
Lots: 1
A. Findings of Fact
Existing Conditions
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Site Information: The site is currently used asingle-family residence.
Direction Land Use Zonin
North Rural residential RUT
South Sin le-famil residential R-4
East Sin le-famil residential O-T
West Church R-4
Descri tion of Ad'acent Surroundin Area:
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MCUP-07-022
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"~-" 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site
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W, 2"d Street is currently paved with 2 traffic lanes, and no curb, gutter, or sidewalk abutting the
~=+ site. There is 60-feet of right-of--way existing for W. 2"d Street. (30-feet from centerline).
W. Cher Lan i
: e s current) aved with 5 traffic lanes with curb utter and sidewalk abuttin
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4. Existing Access: There is currently two access points to this site. There is one access on W.
~~x~ ~ Cherry lane located approximately 85-feet east of W. 2"d Street. There is one access on W. 2"d St.
located 85-feet south of W. Cherry Lane.
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5. Site History:
ACHD has not previously reviewed this site for a development application.
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Development Impacts
-;; . 6. Trip Generation: This development estimated to generate 116 additional vehicle trips per
::~~~; ~'- day based on the Institute of Transportation Engineers Trip Generation
Manual, medical/dental office land-use designation.
7. Im act Fees:
p There will be an im act fee that is assessed and due riot to issuance of an
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°' `" '~ ordinance that is in effect at that time.
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Traffic Impact Study:
9.
A traffic impact study was not required with this application.
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Impacted Roadways:
Roadway Frontage Functional
Classification Traffic Count Level of
Service* Speed
Limit
W. 2" St. 100' Local 509 south of N/A 25 MPH
Cherry on
3/28/2006
W. Cherry 128' Principal 22,936 east of Better 35 MPH
Lane Arterial Linder on than "C"
9/20/2006
°HCCeptapie level of service fora 5-lane principal arterial roadway is "D" (37,000 VTD).
10
Capital Improvements Plan/Five Year Work Program
W. Cherry Lane is scheduled in the Capital Improvement Plan to be widened to 7-lanes from Linder
Rd. to N. Meridian Rd. between 2018 and 2027.
B. Findings for Consideration
1. W. 2"d St.
Street Section Policy: District policy 7204.4.2 states, "developments with any buildable lot that is
less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet
with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of--curb to back-of-
curb. Variations of this width may be allowed, depending on traffic volumes forecast to be
generated by the development.
Sidewalk Policy: District policy requires 5-foot wide (minimum) concrete sidewalk on all local
streets, except those in rural developments with net densities of one dwelling unit per acre or less
(7204.4.7).
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MCUP-07-022
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Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on
local streets. This right-of--way allows for the construction of a 2-lane roadway with curb, gutter and
5-foot wide concrete sidewalks.
Applicant Proposal: The applicant is proposing to construct a 6-foot sidewalk at the site abutting
W 2"d Street.
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Staff Comment/Recommendation: The applicant will be required to construct W. 2"d Street to
one-half of a 36-foot street section with vertical curb, gutter, and a 5-foot concrete sidewalk within
the existing right-of--way.
2. W. Cherry Lane
Right-of-Way Policy: District policy requires 120-feet of right-of--way for 7-lane principal arterial
roadways (Figure 72-F1 B}. This right-of--way width allows for the construction of a 7-lane roadway
with curb, gutter, and 5-foot detached sidewalks.
Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete
sidewalk on all collector roadways and arterial roadways (7204.7.2).
Applicant Proposal: The applicant is not proposing any improvements to Cheny Lane.
Staff Comment/Recommendation: The applicant will be required to dedicate 60-feet of right-of-
way from the centerline of W. Cherry Lane abutting the parcel. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to scheduling the final
plat for signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way
dedication after receipt of all requested material. The District will purchase the right-of-way which is
in addition to existing right-of--way from available Corridor Preservation Funds.
No additional street improvements are required to W. Cherry Lane with this application.
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3. Driveways
Access Policy: District policy 7207.8 states that direct access to arterials and collectors is
normally restricted. The developer shall try to use combined access points. If the developer can
show that the use of a combined access point to a collector or arterial street is impractical, the
District may consider direct access points. Access points for proposed developments at
intersections should be located as far from the intersection as practical, and in no case closer than
as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the
District Commission.
Driveway Offset Policy: District policy 72-F'4 (1) and 72-F4 (2), requires driveways located on
local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-
feet (measured near edge to near edge).
Gravel Tracking Policy: Graveled driveways abutting public streets create maintenance problems
due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, 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 with 15-foot radii abutting
the existing roadway edge.
Commercial Driveway Policy: District policy 7207.9.3 restricts commercial driveways with daily
traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will
3 MCUP-07-022
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be constructed as curb-cut type facilities if located on local streets. Curb return type driveways
with 15-foot radii will be required for driveways accessing collector and arterial roadways.
Applicant Proposal: The applicant is proposing to close the existing curb cut on W. Cheny Lane
and construct a 22-foot curb cut driveway intersecting W. 2"d Street approximately 80-feet south of
W. Cherry Lane.
Staff Comment/Recommendation: The applicant's proposal meets District policy and should be
approved with this application. The curb cut on W. Cherry Lane will need to be closed with this
construction of vertical curb, gutter and sidewalk to match either side.
4. Tree Planters
Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in planters
less than 6-feet in width. In addition to prohibiting trees in planters less than 6-feet in width, the
policy requires a minimum planter width of 6-feet for class II tress with the installation of root
barriers on both sides of the planter strip or a minimum planter width of 8-feet without the
installation of a root barrier. The policy also requires Class I and Class III trees to provide a
minimum planter width of 10-feet.
C. Site Specific Conditions of Approval
1. Construct W. 2"d Street abutting the site to one-half of a 36-foot street section with vertical curb,
gutter, and 5-foot concrete sidewalk.
2. The applicant will be required to dedicate 60-feet of right-of-way from the centerline of W. Cherry
Lane abutting the parcel. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required permits), whichever occurs
first. Allow up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The District will purchase the right-of--way which is in addition to existing right-
of-way from available Corridor Preservation Funds.
3. Construct a driveway intersecting W. 2"d Street as proposed. Pave the driveway to its full width and
at least 30-feet into the site from the edge of pavement of W. 2"d Street.
4. Close the existing curb cut intersecting W. Cherry Lane to match existing improvements.
5. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
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.
4
MCUP-07-022
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5. Comply with the District's Tree Planter Width Interim Policy.
6. 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.
' 7. All design and construction shall be in accordance with the Ada County Highway District Policy
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5 Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
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8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
<'_, . other required permits), which incorporates any required design changes.
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'' 9. Construction, use and property development shall be in conformance with all applicable
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'' requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction. The assessed
x ~ ; ~ ~' impact fee will be based on the impact fee ordinance that is in effect at that time.
.:
_~` ~ 11. 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 (1-800-342-1585) at least two full business days prior to breaking
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` ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in
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.;;' the event any ACRD conduits (spare or filled) are compromised during any phase of construction.
12. 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 the Ada County Highway District. The burden shall be upon the applicant to
<~. ~-` obtain written confirmation of any change from the Ada County Highway District.
`
; 13. Any change by the applicant in the planned use of the property which is the subject of this
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, other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
~ . waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
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the time the change in use is sought.
. ~~ E. Conclusions of Law
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The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
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r;:~: ~ 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.
i
MCUP-07-022
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Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordination
4. Appeal Guidelines
5. Development Process Checklist
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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 a-mail notification information.
V
MCUP-07-022
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Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
r~ ;
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^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part
of a previous development application and that the site specific requirements from the previous development also
apply to this development application.
^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.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
1~:=~°:: ^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development
- <: ~' Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required
~^r~" ~~ i by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.)
~'. I 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.
4 -_ ,,
~:;;~ ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
~' '~~:'~, DID YOU REMEMBER:
~: Construction (Zone)
- ^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request' form to Ada County Highway District (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
err, = ~~ b) An Erosion & Sediment Control Narrative 8~ Plat, done by a Certified Plan Designer, if trench is >50' or you are
~'-``y`-''`1 placing >600 sf of concrete or asphalt.
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- Construction (Subdivisions)
^ Sediment 8 Erosion Submittal
' '~'~ ` • At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Cert~ed Plan
Designer, must be turned into ACRD Construction -Subdivision to be reviewed and approved by the ACHD Drainage
Division.
^ Idaho Power Company
~~- ~~,~,, • ~c Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
€~.::: ~ scheduled.
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^ Final Approval from Development Services
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
9
MCUP-07-022
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Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did
not properly apply this section 7101.6, did not consider all of the relevant facts presented,
made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the
interpretation or enforcement of the ACHD Policy Manual.
~ .~,, a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
~s s`', 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
f
Secretary of Highway Systems, which must be filed within ten (10) working days
from the date of the decision that is the subject of the appeal. The notice of appeal
shall refer to the decision being appealed, identify the appellant by name, address
i~ ~~`<' 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
a.
~~ 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.
s.~. ~ .
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date
of the filing of the notice of appeal to reply to the notice of the appeal, and may
_ during such time meet with the appellant to discuss the matter, and may also
~ ' ~ consider and/or modify the decision that is being appealed. A copy of the reply and
~~ any modifications to the decision being appealed will be provided to the appellant
~ ` ~
`~ ~~~ prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the
~~s...~`, appeal will be noticed and scheduled on the Commission agenda at a regular meeting
to be held within thirty (30) days following the delivery to the appellant of the
ROWDS Manager's reply to the notice of appeal. A copy of the decision being
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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.
.` ~ 10
MCUP-07-022
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