ACHD Comments~~3
lioewrwv~`etl~o }ritMicri
July/3, 2010
To: Boys & Girls Club
610 E. 42"d St.
Garden City, Idaho 83714
Subject: MCZC-10-031 & MDES-10-023
911 N. Meridian Rd.
Sherry R. Huber, President
Rebecca W. Arnold, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
Sarah M. Baker, Commissioner
On July i3, 2010 the Ada County Highway District Staff acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
Kristy Heller
Planner I
Right-of-Way & Development Services
Ada County Highway District
CC: Project file
City of Meridian
Cole Architects, Stan Cole
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Right-of--Way & Development Services
~ _ Department
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~io4wri,a.~`uol~o Sriv~oco
Project/File: MCZC-10-031 &MDES-10-023
This is a certificate of zoning and design review application to construct a 10,181
square foot gymnasium and multi-purpose building. This site is located on the
southwest corner of Pine Avenue and Main Street in Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 911 N. Meridian Rd.
Staff
Approval: July 13, 2010
Applicant: Boys & Girls Club
610 E. 42"d St.
Garden City, Idaho 83714
Representative: Cole Architects
401 W. Idaho St.
Boise, Idaho 83702
Staff Contact:
Kristy Heller
Phone: 387-6171
E-mail: khellerCa~achdidaho.org
Tech Review: June 30, 2010 (via email)
Application Information:
Acreage: 1.835
Zoning: O-T
A. Findings of Fact
Existing Conditions
1. Site Information: This site has a 10,228 square foot boys and girls club (to remain).
2. Description of Adiacent Surrounding Area:
Direction Land Use Zoni
North Old Town District Meridian Elementa O-T
South Old Town District/Medium-Densit Residential District O-T/R-8
East Old Town District O-T
West Medium low-Density Residential District R-4
Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site
• Adjacent to the site, Meridian Road is improved with 2-travel lanes, 42-feet of pavement, vertical
curb, gutter and 6-foot wide detached concrete sidewalk within 66-feet of right-of-way (30-feet
from centerline).
MCZC-10-031 8: MDES-10-023
• Adjacent to the site, Pine Avenue is improved with 2-travel lanes, 40-feet of pavement, vertical
curb, gutter and 6-foot wide attached concrete sidewalk within 70-feet of right-of-way (40-feet
from centerline).
• Adjacent to the site, 1St Street is improved with 2-travel lanes, 24-feet of pavement, and no curb,
gutter or sidewalk within 58-feet of right-of-way (30-feet from centerline).
• The intersection of Meridian Road and Pine Avenue signalized, and improved with curb, gutter
and sidewalk.
3. Impacted Roadways:
Functional Level of
Speed
Roadway Frontage Classification Traffic Count Service Limit
Meridian ' Principal 12,239 south of Pine Avenue on Better 25
Road 300 Arterial 11/17/2009 than "C" MPH
Pine 7,598 west of Meridian Road on Better 25
Avenue 265' Minor Arterial 11/18/2009 than "C" MPH
1St Street 97' Local 276 south of Pine Avenue on 12/1 /2009 N/A 20
MPH
* Acceptable level of service for atwo-lane principal arterial roadway is "E" (15,500 ADT).
*Acceptable level of service for atwo-lane minor arterial roadway is "D" (14,000 ADT)
4. Existing Access: There are two defined access points for this site, both off of Meridian Road. The
site has unimproved access off of 1St Street.
5. Site History: The District previously reviewed this site in April 2008 for an interior remodel of the
existing building (MCZC-08-032).
Development Impacts
6. Trip Generation: This development is estimated to generate 233 additional vehicle trips per day,
based on the Institute of Transportation Engineers Trip Generation Manual, 8th Edition.
7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
or occupancy permits. The assessed impact fee will be based on the impact fee ordinance that is in
effect at that time.
8. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP):
• Meridian Road (Meridian Split Corridor, Phase 2) from Fairview Avenue (Cherry Lane) to
Franklin Road is currently scheduled in the Five Year Work Plan & Capital Improvements Plan
to be constructed as a 5-lane roadway (two-way segment), from Bower Street to Cherry Lane;
and a 3-lane roadway (one-way segment) from Franklin Road to Bower Street in 2013
B. Findings for Consideration
1. Meridian Road
Arterial Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways
(Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter,
5-foot concrete detached sidewalks and bike lanes.
ACHD Master Street Map: ACRD Policy Section 3111.1 requires that the Master Street Map
(MSM) guide the right-of-way acquisition, collector and arterial street requirements, and specific
roadway features required through development. This segment of Meridian Road is designated in
the MSM as a Towncenter Arterial with 5-lanes, on-street bike lanes, on-street parking, sidewalk,
and an 80-foot street section within 110-feet of right-of-way.
2 MCZC-10-031 & MDES-10-023
Existing Conditions: Meridian is improved to 2-lanes, (42-feet of pavement), with vertical curb,
gutter and 6-foot wide detached concrete sidewalk within 66-feet of right-of-way.
Applicant Proposal: The applicant is proposing to widen Meridian Road to 44-feet of pavement
from the centerline of the roadway abutting the site. Additionally, the applicant is proposing to
construct vertical curb, gutter, and a 13 to 17-foot wide attached sidewalk (with brick pavers,
concrete, and tree wells) located 46-feet from the centerline of Meridian Road abutting the site.
Staff Recommendation: Meridian Road is scheduled in the Five Year Work Plan to be widened to
five lanes in 2013 abutting the site. In following the design of the roadway, the applicant should be
required to dedicate 46-feet of right-of-way from the centerline of Meridian Road for the first 140-
feet abutting the site, then tapering down to 40-feet of right-of-way from the centerline of Meridian
Road abutting the site.
The applicant is proposing to widen Meridian Road abutting the site and construct vertical curb,
gutter and sidewalk. Meridian Road is fully improved with vertical curb, gutter and sidewalk,
therefore no roadway improvements are required with this application abutting the site.
However, should the applicant choose to widen Meridian Road abutting the site, then the applicant
should be required to widen Meridian Road to a 37.40-feet street section (from the centerline of the
roadway to back of curb) with vertical curb and gutter for the first 140-feet tapering down to 31-feet
(from the centerline of Meridian Road to back of curb) abutting the site, in the ultimate location of
the road widening project.
The applicant should coordinate the right-of-way dedication and any roadway construction with
District Development review staff.
2. Pine Avenue
Arterial Right-of-Way Policy: District policy requires 74-feet of right-of-way on 3-lane arterial
roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 3-lane roadway
with curb, gutter, 5-foot wide detached sidewalks and bike lanes.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires that the Master Street Map
(MSM) guide the right-of-way acquisition, collector and arterial street requirements, and specific
roadway features required through development. This segment of Pine Avenue is designated in the
MSM as a Planned Commercial Arterial with 3-lanes, on-street bike lanes, on-street parking,
sidewalk, and a 60-foot street section within 86-feet of right-of-way.
Existing Conditions: Pine Avenue is improved to 2-lanes, (40-feet of pavement), with vertical
curb, gutter and 6-foot wide attached concrete sidewalk within 70-feet of right-of-way (40-feet from
centerline).
Applicant Proposal: The applicant is proposing to widen Pine Avenue to one half of a 46-foot
street section, with vertical curb, gutter and a 20 to 23-foot wide attached sidewalk (with brick
pavers, concrete and tree wells) abutting the site within the existing right-of-way.
Staff Recommendation: Pine Avenue for the first 150-feet abutting the site is scheduled in the
Five Year Work plan to be widened as part of the Meridian Road widening project abutting the site.
The applicant is proposing to widen Pine Avenue abutting the site and construct vertical curb, gutter
and sidewalk. Pine Avenue is fully improved with vertical curb, gutter and sidewalk, therefore the
applicant will not be required to dedicate any additional right-of-way or to make any additional
roadway improvements as part of this application.
However, should the applicant choose to widen Pine Avenue abutting the site, then the applicant
should be required to widen Pine Avenue to a 25-foot street section (from the centerline of the
roadway to back of curb) with vertical curb and gutter and 7-foot wide concrete sidewalk for the first
125-feet tapering down to 20-feet from the centerline of Pine Avenue abutting the site, in the
ultimate location of the road widening project. The applicant should coordinate any roadway
construction with District Development review staff.
3 MCZC-10-031 & MDES-10-023
3. 1St Street
Local 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.
Existing Conditions: 1St Street is improved with 2-lanes, (24-feet of pavement), with no curb,
gutter or sidewalk within 58-feet of right-of-way.
Applicant Proposal: The applicant is proposing to widen 1St street to 23-feet of pavement from the
centerline of the roadway abutting the site. Additionally, the applicant is proposing to construct
vertical curb, gutter and 5-foot wide attached concrete sidewalk abutting the site on 1St Street.
Staff Recommendation: The applicant's proposal meets District policy and should be approved, as
proposed.
4. Driveways
Access Management 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.
Signalized Intersection Policy: District policy 72-F4 (1) requires driveways located on arterial
roadways near a signalized intersection to be located a minimum of 440-feet from the signalized
intersection for afull-access driveway and a minimum of 220-feet from the signalized intersection
for aright-in/right-out only driveway.
Successive Driveway Policy: District policy 72-F5, requires driveways located on collector or
arterial roadways with a speed limit of 25 to align or offset a minimum of 105-feet from any existing
or proposed driveway.
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
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.
Driveway Replacement Policy: District policy 7203.6 requires the applicant of a proposed
development to make improvements to existing damaged sidewalk; curb and gutter construction or
replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation
of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in
order to correct deficiencies or replace deteriorated 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,
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.
Existing Conditions: There are two driveways onto Meridian Road, one 45-foot wide curb cut
driveway located approximately 80-feet north of the intersection of Meridian Road and Pine Avenue
(measured near edge to near edge), and one 21-foot wide curb cut driveway located approximately
280-feet north of the intersection of Meridian Road and Pine Avenue (measured near edge to near
edge).
Applicant Proposal: The applicant is proposing to utilize the existing 21-foot wide curb cut
driveway onto Meridian Road located approximately 280-feet north of the intersection of Meridian
Road and Pine Avenue (measured near edge to near edge). The applicant is proposing to close
4 MCZC-10-031 & MDES-10-023
the 45-foot wide curb cut driveway onto Meridian Road located approximately 80-feet north of the
intersection of Meridian Road and Pine Avenue (measured near edge to near edge). Additionally,
the applicant has proposed to construct a full access driveway on 1St Street, located north of the
existing right-of-way.
Staff Comment/Recommendation: The applicant's proposal to utilize the existing driveway
located 280-feet north of the intersection of Meridian Road and Pine Avenue does not meet District
signalized intersection, or successive driveway policies for a full access driveway. However, it does
meet District policy for aright-in/right-out only driveway.
• In accordance with District policy for driveways located near signalized intersections, staff
recommends that the existing driveway remain, but be restricted to a right-in/right-out only.
Typically right-in/right-out driveways are restricted with the installation of a 6 inch raised
concrete median. Staff does not recommend a median be installed with this application
because constructing a median in Meridian Road that would restrict a public street (State
Avenue located across the street from the site). However, staff recommends that the driveway
be signed for right-in/right-out only. The applicant should coordinate a signage plan for the
right-in/right-out driveway with Traffic Services and Development Review staff.
• Typically, the applicant would be required to reconstruct this driveway as a curb return driveway
due to the fact that Meridian Road is an arterial roadway. However, Meridian Road is scheduled
in the Five Year Work Plan to be widened to five lanes in 2013 abutting the site. As identified
under the Finding for Meridian Road (see above), if the applicant chooses to widen Meridian
Road abutting the site with this application, then the applicant should be required to reconstruct
the driveway as a curb return. If no improvements are made to Meridian Road with this
application, then ACHD will reconstruct the driveway with the roadway project.
The applicant is proposing to close the driveway on Meridian Road located approximately 80-feet
north of the Meridian Road/Pine Avenue intersection. Staff is supportive of this proposal and would
typically require the applicant to close the driveway and replace with curb, gutter and sidewalk to
match existing conditions on either side. However, with the Meridian Road widening project
scheduled in 2013 the applicant should not be required to rebuild the driveway with this application.
As identified under the finding for Meridian Road (see above), if the applicant chooses to widen
Meridian Road abutting the site with this application, then the applicant should be required to close
and rebuild the driveway at that time. If not, then the driveway will be rebuilt and closed by ACHD
with the Meridian Road improvement project.
5. 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
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.
6. Other Access
Meridian Road is classified as a principal arterial roadway. Pine Avenue is classified as a minor
arterial roadway. Main Street. Other than the accesses specifically approved with this application,
direct lot access is prohibited to these roadways.
5 MCZC-10-031 Sz MDES-10-023
D. Site Specific Conditions of Approval
1. Dedicate 46-feet of right-of-way from the centerline of Meridian Road at Pine Avenue for the first
140-feet tapering down to 40-feet of right-of-way from the centerline of Meridian Road abutting the
parcel at the south property line. 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 ACRD
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. Coordinate the right-of-way dedication with
District Development Review staff.
2. Utilize the existing 21-foot wide driveway onto Meridian Road located approximately 280-feet north
of the intersection of Meridian Road and Pine Avenue, as proposed. The driveway will be restricted
to a right-in/right-out driveway. Coordinate a signage program for the right-in/right-out driveway
with District Traffic Services and Development Review staff. Pave the driveway its full width and at
least 30-feet into the site beyond the edge of pavement of the Meridian Road.
3. Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the
site.
4. Other than access specifically approved with this application, direct lot access to Meridian Road
and Pine Avenue is prohibited.
5. Comply with all Standard Conditions of Approval.
E. 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 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 is 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
6 MCZC-10-031 8~ MDES-10-023
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.
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.
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.
Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordination
4. Development Process Checklist
5. Request for Reconsideration Guidelines
7 MCZC-10-031 & MDES-10-023
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8 MCZC-10-031 & MDES-10-023
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.
9 MCZC-10-031 8: MDES-10-023
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:
^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 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 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 Approaches)
• 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 8~ 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
ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
10 MCZC-10-031 & MDES-10-023
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
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.
11 MCZC-10-031 & MDES-10-023
Request for Reconsideration of Commission Action
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 3:00 p.m. on the day 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.
12 MCZC-10-031 ~ MDES-10-023