ACHD CommentsCarol A. McKee, President
Sherry R. Huber, 1st Vice President
Rebecca W. Arnold, 2nd Vice President
John S. Franden, Commissioner
Sara M. Baker, Commissioner
June 23, 2009
To: Smashburger Acquisition -Idaho LLC
1515 Arapahoe Street, Tower One, 10th Floor
Denver, Colorado 80202
Rep: Sydnee Freeman
GHA Architecture
14110 Dallas Parkway, Suite 100
Dallas, Texas 75254
Subject: MCZC-09-028
Smashburger Restaurant
3223 E. Louise Drive, Meridian, Idaho
On 18 Apri12007, the Ada County Highway District Commission acted on Gardner-Ahlquist Gateway
Subdivision. The conditions and requirements set forth in that action also apply to this application.
Prior to final approval you will need to submit construction plans to the ACRD Development
Review Department to insure compliance with the conditions identified above 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 ACRD 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) 387-6187.
Sincerely,
~.
Matt Edmond
Planner III
Right-of--Way and Development Services
CC: Project File
Bill Parsons, Meridian City Planning Department (sent via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
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 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 ACRD 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.
Request for Appeal of Staff Decision
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 ACRD 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 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 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 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
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.
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.
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 ACRD 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 app-ication 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 ho-d 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 one 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)
^ Driveway or Property Appooach(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
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 ACRD
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.