Agency CommentsCENTRAL
~~ DISTRICT
'~~THEALTH
DEPARTMENT
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
Return to:
^ ACZ
^ Boise
^ Eagle
^ Garden City
^ Kuna
Meridian
^ Star
Rezone #
Conditional Use # M ~/~ ) ~.'-~ I
Preliminary /Final /Short Plat
~, rp; ~i~oyt3l~-TN
... ~i
^ 1. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ bedrock from original grade ^ other
^ 6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
8. After written approval from appropriate entities are submitted, we can approve this proposal for:
.t~-central sewage ^ community sewage system ^ community water well
^ interim sewage c~ central water
^ individual sewage ^ individual water
~9. The followi g plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality:
central sewage ^ community sewage system ^ community water
^ sewage dry lines ~ central water
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
^ 13. Infiltration beds for storm water disposal are considered shallow injection wells. An application and fee must be
submitted to CDHD.
^ 14. Reviewed By:
Dater/l~ 7~z.
Review Sheet
15726-001EH1111
.. DIS RICT CENTRAL DISTRICT HEALTH DEPARTMENT
Return to:
HEALTH Environmental Health Division ^ ACz
DEPARTMENT
^ Boise
^ Eagle
Rezone # i~,~l~ ~~.-'' d~7 ~ ^ Garden City
Conditional Use # ^ Kuna
Preliminary /Final /Short Plat ,.Meridian
~.~. s ~ ^ Star
^ 1. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ bedrock from original grade ^ other
^ 6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
~. After writte approval from appropriate entities are submitted, we can approve this proposal for:
central sewage ^ community sewage system ^ community water well
^ interim sewage 8 central water
^ individual sewage ^ individual water
]XL9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality:
r _ ,~~ntral sewage ^ community sewage system ^ community water
^ sewage dry lines ,i~entral water
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
Infiltration beds for storm water disposal are considered shallow injection wells. An application and fee must be
^ 14.
submitted to CDHD.
Reviewed By: ~~~
Date: ~ / ~~ / JL
Review Sheet
15726-001EH1111
~~~~~
r
~~~~_ ~~
April 6, 2012
To: Nunzio Sgroi
250 Twin House Road
Cottonwood, ID 83522
Subject: MMDA-12-001
Rebecca W. Amold, President
Sara M. Baker, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
David L. Case, Commissioner
On April 6, 2012 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) 387-6187.
Sincerely,
~ ~,,c~n
Krista Heindel
Planning Review Intern
Development Services
Ada County Highway District
CC: Project file
City of Meridian
T.A. Whitworth -Thomas Whitworth 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
~~~~~
-~
Development Services Department
Project/File: MMDA-12-001
This is a development agreement modification application to modify the prior concept
plan to allow 14 single family homes and 2 townhomes on 2.81 acres. The site is
located at 4405 East Ustick Road, in Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 4405 East Ustick Road
Staff Approval: April 6, 2012
Applicant: Nunzio Sgroi
250 Twin House Road
Cottonwood, ID 83522
Representative: T.A. Whitworth -Thomas Whitworth
953 North Roosevelt
Boise, ID 83706
Staff Contact: Krista Heindel
Phone: 387-6187
E-mail: kheindelCa)_achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is proposing an amendment to the development
agreement to allow the construction of 14 single family homes and two townhomes on 2.86
acres in an R-8 zoning district. This site was originally planned for an assisted living facility.
2. DeSCCIptIOn Of AdlaCent Surrn~~nrlinn Ara~•
Direction Land Use Zonin
North Vacant Lot R-1 C and L-OD
South Sin le Famil Homes R-4
East Ustick Elementa School A-1
West Single Famil Homes RUT and R-4
3. Site History: ACHD staff previously reviewed this site as MAZ-08-11 in August 2008. The
requirements of this staff report are consistent with those of the prior action.
4. 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.
MMDA-12-001
5. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP):
There are currently no roadways, bridges or intersections in the general vicinity of the project that
are currently the District's Capital Improvement Plan (CIP). The following projects scheduled in
the Five Year Work Plan.
• The intersection of Cloverdale Road and Ustick Road is currently under construction and is to
be widened to 6-lanes on the north leg, 6-lanes on the south, 6-lanes east, and 6-lanes on the
west leg. Construction is anticipated to be completed in September 2012.
• Ustick Road between Duane Drive and Compton Way is currently under construction to be
widened to 5-lanes. Construction is anticipated to be completed in September 2012.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 147 additional vehicle trips per day
(10 existing); 15 additional vehicle trips per hour in the PM peak hour (1 existing), based on the
Institute of Transportation Engineers Trip Generation Manual, 8~" edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
Functional PM Peak PM Peak Existing Future
Roadway Frontage Classification Hour Hour Level Plus Level of
Traffic Count of Service Pro'ect Service
Ustick Road 262-feet Minor Arterial 890 Bette
r than g05 tt
D than
°D"
East Arch
Drive 157-feet Local N/A N/A N/A N/A
* Acceptable level of service for afive-lane minor arterial is "D" (1,540 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
The average daily traffic count for Ustick Road west of Cloverdale Road was 9,735 on
4/6/2010.
The average daily traffic count for Ustick Road east of Eagle Road was 18,733 on
8/19/2010.
C. Findings for Consideration
1. Ustick Road
a. Existing Conditions: Ustick Road is improved with 3-travel lanes and no curb, gutter or
sidewalk abutting the site. There is 90-feet of right-of-way for Ustick Road (50-feet from
centerline). After construction is complete on Ustick Road from Duane Drive to Campton Way,
Ustick Road will be improved with 5-travel lanes, vertical curb, gutter and a 5-ft sidewalk
abutting the site.
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
2 MMDA-12-001
Street Section and Right-of-Way Width: District policies 7205.2.1 & 7205.5.1 state that the
standard 7-lane street section shall be 96-feet (back-of-curb to back-of-curb) within 120-feet of
right-of-way. This width typically accommodates three travel lanes in each direction, a
continuous raised or landscaped median with intermittent turn lanes, and safety shoulders.
Street Section and Right-of-Way Width: District policies 7205.2.1 & 7205.5.1 state that the
standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96-feet of
right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Sidewalk Policy: District policy 7205.5.7 requires a concrete sidewalks at least 5-feet wide to
be constructed on both sides of all arterial streets. 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. Sidewalks constructed next to the back-of-curb shall be a
minimum of 7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
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.).
ACHD Master Street Map: ACRD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Ustick Road is designated in the
MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 71-foot street section
within 97-feet of right-of-way.
c. Applicant Proposal: The applicant is not proposing any improvements to Ustick Road
abutting the site.
d. Staff Comments/Recommendations: Construction on Ustick Road is currently in progress
and will be complete in September 2012. Ustick Road will be improved with 5 lanes, vertical
curb, gutter and 5-ft wide sidewalk from Duane Drive to Campton Way. Access to the site from
Ustick Road will be closed after construction. The applicant is not proposing to use Ustick
Road as an access to the site. The applicant's proposal meets District Policy and should be
approved as proposed.
2. East Arch Drive
a. Existing Conditions: East Arch Drive is
and 5-foot wide sidewalk abutting the site.
(26-feet from centerline).
improved with 2-travel lanes, vertical curb, gutter,
There is 52-feet of right-of-way for East Arch Drive
b. Policy:
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 Arch Drive
abutting the site.
3 MMDA-12-001
Staff Comments/Recommendations: Arch Drive is already improved with curb, gutter, and
5-foot wide sidewalk abutting the site. Therefore, no additional street improvement or right-of-
way dedication should be required as part of this application.
3. Internal Cul-de-sac
a. Existing Conditions: There are currently no existing roadways internal to the site.
b. Policy:
Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local 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 7207.5 states that right-of--way
widths for afl local streets shall generally not be less than 50-feet wide and that the standard
street section shall be 36-feet (back-of--curb to back-of-curb). The District will consider the
utilization of a street width less than 36-feet with written fire department approval.
Standard Urban Local Street-36-foot to 33-foot Street Section and Right-of-way Policy:
District Policy 7207.5.2 states that the standard street section shall be 36-feet (back-of-curb to
back-of-curb) for developments with any buildable lot that is less than 1 acre in size. This
street section shall include curb, gutter, and minimum 5-foot concrete sidewalks on both sides
and shall typically be within 50-feet of right-of-way.
The District will also consider the utilization of a street width less than 36-feet with written fire
department approval. Most often this width is a 33-foot street section (back-of-curb to back-
of-curb) for developments with any buildable lot that is less than 1 acre in size.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some
local jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of--curb. Where feasible, a parkway strip at least
8-feet wide between the back-of--curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District's Tree Planting Policy. If no trees are to be planted in the
parkway strip, the applicant may submit a request to the District, with justification, to reduce
the width of the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
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.).
Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to
provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the
emergency service providers may require a greater radius. Landscape and parking islands
may be constructed in turnarounds if a minimum 29-foot street section is constructed around
the island. The pavement width shall be sufficient to allow the turning around of a standard
AASHTO SU design vehicle without backing. The developer shall provide written approval
from the appropriate fire department for this design element.
The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case
basis. This will be based on turning area, drainage, maintenance considerations and the
4 MMDA-12-001
written approval of the agency providing emergency fire service for the area where the
development is located.
c. Applicant's Proposal: The applicant is proposing to construct a new roadway to serve the
site. The road is proposed to intersect Arch Drive and would terminate in a cul-de-sac
turnaround at Ustick Road. The new roadway is proposed to be constructed as a 36-foot
street section with curb, gutter, and 5-foot wide attached concrete sidewalk within 50-feet of
right-of-way.
d. Staff Comments/Recommendations: The applicant's proposal meet's District Policy and
should be approved, as proposed. The applicant should be required to provide a minimum
turning radius of 45-feet for the cul-de-sac turnaround.
4. Ustick Road
a. Existing Conditions: There are two existing driveways onto Ustick Road from the site.
b. Policy
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1 a under District policy 7205.4.6, unless a waiver for the access point has been
approved by the District Commission.
c. Applicant's Proposal: The applicant is proposing to close the existing driveways on Ustick
Road and take all of the access of the new roadway to be constructed off of Arch Drive.
d. Staff Comments/Recommendations: The applicant's proposal District Policy and should be
approved, as proposed.
5. 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.
6. 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.
7. Other Access
Ustick Road is classified as minor arterial roadway. Other than the access specifically approved
with this application, direct lot access is prohibited to these roadways and should be noted on the
final plat.
5 MMDA-12-001
D. Site Specific Conditions of Approval
1. Construct the new roadway to intersect Arch Drive as a 36-foot street section with curb, gutter,
and 5-foot wide attached concrete sidewalk, as proposed. Construct a cul-de-sac turnaround at
the terminus of the roadway. Provide a minimum turning radius of 45-feet for the turnaround.
2. Direct lot access to Ustick Road is prohibited.
3. Enter into a license agreement for any landscaping located within ACRD right-of-way abutting the
site.
4. Payment of impacts fees are due prior to issuance of a building permit.
5. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way.
2. Private sewer or water systems are prohibited from being located within the ACRD right-of-
way.
3. In accordance with District policy, 7203.6, 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 ACRD 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 ACRD 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
ACRD 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 ACRD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval
writing and signed by the applicant or the applicant's
authorized representative of ACRD. The burden shall
written confirmation of any change from ACRD.
shall be valid unless they are in
authorized representative and an
be upon the applicant to obtain
6 MMDA-12-001
12. If the site plan or use should change in the future, ACRD 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 to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless awaiver/variance of the requirements or other legal relief is
granted by the ACRD 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. Request for Reconsideration Guidelines
7 MMDA-12-001
Vicinity Map
MMDA-12-001
Site Plan
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9 MMDA-12-001
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.
10 MMDA-12-001
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.
~/IIi tO bA COI'1'1DI~Md ~l1/ ADdI~Citllt:
^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 ACRD 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 aPre-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 ACRD
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 aPre-Con.
11 MMDA-12-001
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.
12 MMDA-12-001
Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACRD
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.
If a motion to reconsider passes, the applicant may be charged a reasonable fee, to
cover administrative costs, as established by the Commission.
13 MMDA-12-001