ACHD CommentsDevelopment Services Department
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Project/File:
CarMax Auto Sales/ MCZC-12-078
This is a Certificate of Zoning Compliance application to
automobile dealership including a 41,798 square foot building
site is located on the northwest corner of Fairview Avenu
Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 4043 E Elden Gray Street
Staff
Approval: XXXX, 2013
Applicant: CarMax Auto Superstores
West Coast, Inc.
John McNamara
12800 Tuckahoe Creek
Parkway
Richmond, VA 23238
Representative:
CenterPoint Integrated
Solutions, LLC
Jake Hertz, AICP
1240 Bergen Parkway, Ste. A-250
Evergreen, CO 80439
Staff Contact: Stacey Yarrington
Phone: 387-6171
E-mail: svarrinatonCa~achdidaho.ora
A. Findings of Fact
develop apre-owned
on 11.31 acres. The
e and Venture Street,
Description of Application: The applicant is requesting approval to construct a 41,798 square
foot building for an upscale pre-owned automobile dealership that will include auto sales,
service, reconditioning, carwash, fuel storage and dispensing, and wholesale auctions on 11.31
acres. The site is located on the northwest corner of Fairview Avenue and Venture Street, more
specifically 4043 E Elden Gray Street, Meridian, Idaho.
2. Description of Adjacent Surroundina Area:
Direction Land Use Zonin
North Julius M Kleiner Memorial Park C-G
South Records East Subdivision/Wal-Mart C-G
East Venture Subdivision/Mountain West Bank RUT/C-G
West Meridian Town Center C-G
DRAFT CarMax Auto Sales/MCZC-12-078
3. Site History: ACHD staff previously reviewed this site as MMDA-12-006 in August 2012. 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.
5. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP):
• Fairview Avenue is scheduled in the Five Year Work Plan for Access Management to install
median islands and/or barriers on Fairview Avenue from Linder Road to Orchard Street in 2016.
• Fairview Avenue is listed in the Capital Improvements Plan to be widened to 7-lanes from Eagle
Road/SH-55 to Ustick Road between 2022 and 2026.
• The intersection of Fairview Avenue and Cloverdale Road is listed in the Capital Improvements
Plan to be widened to 6-lanes on the north leg, 6-lanes on the south, 9-lanes east, and 9-lanes
on the west leg, and signalized between 2017and 2021.
• The intersection of Fairview Avenue and Eagle Road/SH-55 is listed in the Capital
Improvements Plan to be widened to 9-lanes on the north leg, 9-lanes on the south, 9-lanes
east, and 9-lanes on the west leg, and signalized between 2022 and 2026.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 1,350 additional vehicle trips per
day (0 existing); 110 additional vehicle trips per hour in the PM peak hour (0 existing), based on
the Institute of Transportation Engineers Trip Generation Manual, 9th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
Functional PM Peak PM Peak Existing
Roadway Frontage Classification Hour Hour Level Plus
'
Traffic Count of Service Pro
ect
Fairview Avenue 664-feet Arterial 1
525 Better than
,.
« Better than
~,
~~
, E E
Venture Street 744-feet Local 19 N/A N/A
Elden Gray Lane 664-feet Local N/A N/A N/A
* Acceptable level of service for afive-lane principal arterial is "E" (1,770 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 Fairview Avenue east of Eagle Road/SH-55 was
31,569 on 4/28/11.
The average daily traffic count for Venture Street north of Fairview Avenue was 324 on
6/14/2012.
C. Findings for Consideration
1. Fairview Avenue
2 DRAFT CarMax Auto Sales/MCZC-12-078
a. Existing Conditions: Fairview Avenue is improved with 5-travel lanes, and no curb, gutter or
sidewalk abutting the site. There is 116-feet of right-of--way for Fairview Avenue (61-feet from
centerline).
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.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 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.
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: ACHD 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 Fairview Avenue is designated in
the MSM as a Mobility Corridor with 7-lanes and on-street bike lanes, a 98-foot street section
within 122-feet of right-of-way.
c. Applicant Proposal: The applicant is proposing to dedicate 4.5-feet of additional right-of--way
for Fairview Avenue abutting the site.
The applicant is proposing to construct a 5-foot wide detached concrete sidewalk within a 14-
foot easement approximately 68-feet from centerline on Fairview Avenue to front of sidewalk
abutting the site.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved as proposed.
The applicant should provide a permanent right-of-way easement for any portion of the
sidewalk located outside of the right-of-way.
2. Venture Street
a. Existing Conditions: Venture Street is improved with approximately 34-feet of pavement,
and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of--way for Venture
Street (25-feet from centerline).
3 DRAFT CarMax Auto Sales/MCZC-12-078
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 all 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.).
c. Applicant's Proposal: The applicant is proposing to dedicate 1-foot of additional right-of-way
on Venture Street abutting the property.
The applicant is proposing to improve Venture Street as half of a 36-foot street section curb,
gutter and 5-foot wide detached concrete sidewalk within a 7-foot easement approximately 28-
feet from centerline of Venture Street to front of sidewalk abutting the site.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
The applicant should provide a permanent right-of-way easement for any portion of the
sidewalk located outside of the right-of-way.
3. Elden Gray Lane
a. Existing Conditions: Elden Gray Lane is improved with approximately 34-feet of pavement,
and no curb, gutter or sidewalk abutting the site. There is 48-feet of right-of-way for Elden
Gray Lane (24-feet from centerline).
4 DRAFT CarMax Auto Sales/MCZC-12-078
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 all 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.).
c. Applicant's Proposal: The applicant is proposing to dedicate 5-feet of additional right-of-way
on Venture Street abutting the property.
The applicant is proposing to complete Elden Gray Way as a 36-foot street section with curb,
gutter and 5-foot wide detached concrete sidewalk within a 5-foot to 7-foot easement
approximately 25-feet from centerline of Elden Gray Way abutting the site.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
The applicant should provide a permanent right-of-way easement for any portion of the
sidewalk located outside of the right-of--way.
4. Driveways
4.4 Venture Street
a. Existing Conditions: There are no existing driveways onto Venture Street from the
development.
5 DRAFT CarMax Auto Sales/MCZC-12-078
b. Policy:
Driveway Location Policy: District policy 7207.4.1 requires driveways located near
intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the
nearest street intersection.
Successive Driveways: District Policy 7207.4.1 states that successive driveways away from
an intersection shall have no minimum spacing requirements for access points along a local
street, but the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required,
residential driveways shall be restricted to a maximum width of 20-feet and may be constructed
as curb-cut type driveways.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7207.4.3, the applicant should be required to pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway.
c. Applicant's Proposal: The applicant is proposing to construct a 20-foot wide, restricted by
pork chop style median, right-in/right-out only driveway located approximately 255-feet
(centerline to centerline) north of Fairview Avenue and 289-feet south of Venture Place. The
applicant is proposing to have a gate on the driveway located approximately 75-feet from
centerline of Venture Street.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved as proposed; however, the applicant should install signage to restrict the
driveway to right-in/right-out as ACHD no longer allows pork chop style medians due to
maintenance issues by the District.
The applicant should be required to locate the gate a minimum of 50-feet from edge of
pavement of roadway and pave the driveway its full width and at least 30-feet into the site
beyond the edge of pavement of the roadway.
4.5 Elden Gray Lane
a. Existing Conditions: There are no existing driveways onto Elden Gray Lane from the
development.
b. Policy:
Driveway Location Policy: District policy 7208.4.1 requires driveways located near
intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the
nearest street intersection.
Successive Driveways: District Policy 7208.4.1 states that successive driveways away from
an intersection shall have no minimum spacing requirements for access points along a local
street, but the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7208.4.3 restricts commercial driveways to a maximum
width of 40-feet. Most commercial driveways will be constructed as curb-cut type facilities.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7208.4.3, the applicant should be required to pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway.
c. Applicant's Proposal: The applicant is proposing to construct a 28-foot wide driveway onto
Elden Gray Lane located approximately 678-feet east of Records Way and approximately 400-
feet east from the Julius M Kleiner Memorial Park driveway.
6 DRAFT CarMax Auto Sales/MCZC-12-078
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
The applicant should be required to pave the driveway at least 30-feet into the site beyond the
edge of pavement of roadway.
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
Fairview Avenue is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway and should be noted
on the final plat.
D. Site Specific Conditions of Approval
1. Dedicate 4.5-feet of additional right-of--way for Fairview Avenue abutting the site.
2. Construct a 5-foot wide detached concrete sidewalk approximately 68-feet from centerline on
Fairview Avenue, abutting the site.
3. Provide a 14-foot wide permanent right-of--way easement on Fairview Avenue. The easement
should begin north from the additional 4.5-feet of right-of-way to be dedicated, as proposed.
4. Dedicate 1-foot of additional right-of-way on Venture Street abutting the site.
5. Improve Venture Street as half of a 36-foot street section with curb, gutter and 5-foot wide
detached concrete sidewalk abutting the site.
6. Provide a 7-foot wide permanent right-of-way easement on Venture Street. The easement should
begin west of the additional 1-foot right-of--way to be dedicated, as proposed.
7. Dedicate 5-feet of additional right-of-way on Elden Gray Lane abutting the site.
8. Complete Elden Gray Way as a 36-foot street section with curb, gutter and 5-foot wide detached
concrete sidewalk abutting the site.
9. Provide a 7-foot wide permanent right-of--way easement on Elden Gray Lane. The easement
should begin south from the additional 5-feet of right-of-way to be dedicated, as proposed.
10. Provide a permanent right-of-way easement for any portion of the sidewalk located outside of the
rig ht-of-way.
7 DRAFT CarMax Auto Sales/MCZC-12-078
11. Construct a 20-foot wide driveway located approximately 255-feet (centerline to centerline) north
of Fairview Avenue and 289-feet south of Venture Place. Install right-in/right-out signage. Locate
the gate a minimum of 50-feet from edge of pavement of roadway (Venture Street) and pave the
driveway its full width and at least 30-feet into the site beyond the edge of pavement of roadway.
Combine in to one.
12. Construct a 28-foot wide driveway onto Elden Gray Lane located approximately 678-feet east of
Records Way and approximately 400-feet east from the Julius M Kleiner Memorial Park driveway.
Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement.
13. Other than access specifically approved with this application direct lot access is Fairveiw Avenue
is prohibited.
14. Payment of impacts fees are due prior to issuance of a building permit.
15. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the ACHD 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, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
8 DRAFT CarMax Auto Sales/MCZC-12-078
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACRD 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 ACHD Commission.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
9 DRAFT CarMax Auto Sales/MCZC-12-078
VICINITY MAP
10 DRAFT CarMax Auto Sales/MCZC-12-078
SITE PLAN
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11 DRAFT CarMax Auto Sales/MCZC-12-078
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.
12 DRAFT CarMax Auto Sales/MCZC-12-078
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 ACRD Planning Review Section will receive the development application to review
®The Planning Review Section will do one of the following:
®Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at
this time.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
®Write a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
Items to be completed by A-aa#cant:
^For ALL development applications, including those receiving a "No Review" letter:
• The applicant should submit one set of engineered plans directly to ACRD 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 ACHD
Stormwater Section.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
^ Final Approval from Development Services is required prior to scheduling aPre-Con.
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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
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.
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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.
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