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ACHD Comments~ ~"" ~t~ ~~1~~ CHD (~oywrwr~~e ~o ~y~ic~ Date: December 13, 2013 To: Scott Stanfield (sent via email) 826 3~d St. South Nampa, ID 83651 Subject: Knighthill Center (MPP-13-031/MDA-13-019) SWC of N. Linder Road & W. Chinden Boulevard On December 13, 2013 the Ada County Highway District Staff acte above referenced project. The attached report lists site-specific approval and street improvements, which are required. Sara M. Baker, President John S. Franden, Vice President Rebecca W. Arnold, Commissioner Mitchell A. Jaurena, Commissioner Jim Hansen, Commissioner d on your application for the requirements, conditions of If you have any questions, please feel free to contact me at (208) 387-6218. Sincerely, Lauren Watsek Planner I Development Services Ada County Highway District CC: Project file City of Meridian (sent via email) Renny Wylie (sent via email) Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Developmeri! Services Department C D Project/File: Knighthill Center (MPP-13-031/MDA-13-019) The applicant is requesting preliminary plat approval consisting of 6 lots on approximately 9.11 acres. Lead Agency: City of Meridian Site address: SWC of Linder Road and W. Chinden Blvd. Staff Approval: December 13, 2013 Applicant: Scott Stanfield Mason & Stanfield, Inc. 826 3~d St. South Nampa, ID 83651 Staff Contact: Lauren Watsek Phone: 387-6218 E-mail: Iwatsek(a~achdidaho.org A. Findings of Fact i. -. .~ ... ~ ~ ,, , , ~~ ,_ .. . a ~ ,.. v .. - ~ ~~ M ~ 5 i ~ ~ ~ ~ ~. , . ~ ~ ~ ~ ~~, ~ ~ ~~ ~~ ~ . ~ ~ 1 ~ f 3 . ~ ., W'E ~ .'~x ~~ ~'Y~ -~ ~ 4 ~ ~ M: ' -~~ 11y }- '~. 4.~.v "~(. L r~~~ ~~ ~} ' ~ ~, ~ e ~ '~. ' ~~,y ~ ? '~ , 1. Description of Application: The applicant is requesting preliminary plat approval for Knighthill Center which consists of 5 commercial lots and 1 common lot on approximately 9.11 acres in the C-G zoning district. The project includes 5 new commercial buildings (74,850 sq. ft. total). The applicant's proposal is consistent with the comprehensive plan for the City of Meridian. 2. Description of Adiacent Surrounding Area Direction Land Use Zoning North Communit Business District C-C South Lochsa Falls Subdivision No. 11 R-4 East Lochsa Falls Subdivision No. 12 R-4/L-O West Rural Urban Transition RUT 3. Site History: ACHD Commission previously reviewed this site as Knighthill Center (MPP-06- 005/MAZ-06-006) in March 2006. The requirements of this staff report are consistent with those of the prior action. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • Spurwing Challenge Subdivision, located northwest of the site, is in various stages of development. • Lazy P Subdivision, located northeast of the site, is in various stages of development. 5. Transit: Transit services are not available to serve this site. 1 Knighthill Center (MPP-13-031) 6. 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. 7. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP): • Linder Road is listed in the Capital Improvements Plan to be widened to 5 lanes from McMillan Road to US Hwy 20/26 (Chinden Boulevard) between 2017 and 2021. • Linder Road is listed in the Capital Improvements Plan to be widened to 7 lanes from US Hwy 20/26 (Chinden Boulevard) to State Hwy 44 (State Street) between 2017 and 2021. • The intersection of US Hwy 20/26 (Chinden Boulevard) and Linder Road is listed in the Capital Improvements Plan to be widened to 8 lanes on the north leg, 8 lanes on the south, 7 lanes east, and 7 lanes on the west leg, and signalized between 2017 and 2021. B. Traffic Findinqs for Gr~nsideratic~r~ Trip Generation: This development is estimated to generate 5,078 additional vehicle trips per day and 410 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. 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 Project US Hwy 20/26 (Chinden 675 feet Expressway 867 N/A N/A Boulevard) Linder Road 592 feet Minor Arterial 510 Bette r than „F„ D Gertie Place 50 feet Local N/A N/A N/A * Acceptable level of service for atwo-lane minor arterial is "D" (550 VPH). ** ACHD does not set level of service thresholds for State Highways. 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 US Hwy 20/26 (Chinden Boulevard) west of Linder Road was 16,125 on December 14, 2011. The average daily traffic count for Linder Road south of US Hwy 20/26 (Chinden Boulevard) was 10,390 on March 21, 2013. C. Findinqs for Consideration 1. US Hwy 20/26 (Chinden Boulevard) US Hwy 20/26 (Chinden Boulevard) is under the jurisdiction of the Idaho Transportation Department (ITD). The applicant, the City of Meridian, and ITD should work together to determine if additional right-of-way or improvements are necessary on US Hwy 20/26 (Chinden Boulevard). Staff Comments/Recommendations: The applicant is proposing to construct a 10 foot wide sidewalk on Chinden Boulevard abutting the site. Staff is supportive of this proposal and 2 Knighthill Center (MPP-13-031) recommends it be approved as proposed. The applicant is also proposing to construct a driveway from the site onto Chinden Boulevard approximately 605 feet west of the intersection of US Hwy 20/26 (Chinden Boulevard) and Linder Road. Staff is not supportive of this proposal and recommends the driveway not be approved as proposed. 2. Linder Road a. Existing Conditions: In 2011 ACHD entered into a Developer Cooperative Agreement with the developer at the northeast corner of Linder Road and SH2O/26 (Chinden). That project included the signalization and widening of the Linder/Chinden intersection. Right-of-way was purchased from this land owner and improvements and widening were completed adjacent to the site. Linder Road was constructed with 6-lanes, and vertical curb and gutter. 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 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. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. 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 Linder Road is designated in the MSM as a Residential Arterial with 5 lanes and on-street bike lanes, a 72 foot street section within 96 feet of right-of-way. Knighthill Center (MPP-13-031) c. Applicant Proposal: The applicant is proposing to construct 10 foot wide detached concrete sidewalk on Linder Road abutting the site. d. Staff Comments/Recommendations: The applicant's proposal to construct a 10 foot wide detached concrete sidewalk on Linder Road abutting the site meets District Policy and should be approved as proposed. The applicant should be required to provide a permanent right-of- way easement 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. The applicant should be required to dedicate 65 feet of right-of-way from the centerline of Linder Road at the north corner of the site and taper to 48 feet of right-of-way from centerline at the south corner of the site for future widening of the intersection of Chinden Boulevard and Linder Road. As this project is listed in the Capital Improvements Plan, the Distict will provide compensation for any additional right-of-way dedicated beyond the existing right-of-way. 3. Stub Streets a. Existing Conditions: Gertie Place currently stubs to the south property line approximately 380 feet east of the southwest corner of the site. There is a temporary cul-de-sac constructed on the site at the terminus of Gertie Place. b. Policy: Stub Street Policy: District policy 7207.2.4 states that stub streets will be required to provide circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7207.2.5.4, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." In addition, stub streets must meet the following conditions: • A stub street shall be designed to slope towards the nearest street intersection within the proposed development and drain surface water towards that intersection; unless an alternative storm drain system is approved by the District. • The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. Temporary Dead End Streets Policy: District policy 7207.2.4 requires that the design and construction for cul-de-sac streets shall apply to temporary dead end streets. The temporary cul-de-sac shall be paved and shall be the dimensional requirements of a standard cul-de-sac. The developer shall grant a temporary turnaround easement to the District for those portions of the cul-de-sac which extend beyond the dedicated street right-of-way. In the instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as anon-buildable lot until the street is extended. c. Applicant Proposal: The applicant is proposing to connect to Gertie Place, a public street in Lochsa Falls Subdivision, located south of the site; and to Everest Street, a private street which stubs to the west of the site. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved as proposed. The applicant should be required to complete the turnaround at the terminus of Gertie Place. The turnaround should have a minimum inside turning radius of 26 feet, and curb, gutter and sidewalk should be constructed around the entire turnaround in order to complete the street. It should be noted that vehicles can access the intersection of Chinden Boulevard and Long Lake Way via Everest Street. 4 Knighthill Center (MPP-13-031) 4. Driveways 4.1 Linder Road a. Existing Conditions: There is an existing 36 foot wide driveway from the site onto Linder Road located approximately 605 feet south of the intersection of US Hwy 20/26 (Chinden Boulevard) and Linder Road. 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. Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized intersection with a single left turn lane shall be located a minimum of 330-feet from the nearest intersection for aright-in/right-out only driveway and a minimum of 660-feet from the intersection for afull-movement driveway. District policy 7205.4.5 requires driveways located on minor arteria- roadways from a signalized intersection with a dual left turn lane shall be located a minimum of 330-feet from the nearest intersection for aright-in/right-out only driveway and a minimum of 710-feet from the intersection for afull-movement driveway. Successive Driveways: District policy 7205.4.6 Table 1 a, requires driveways located on minor arterial roadways with a speed limit of 40 MPH to align or offset a minimum of 330 feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, 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 in accordance with Table 2 under District Policy 7205.4.8. Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross access utilizes a single vehicular connection that serves two or more adjoining lots or parcels so that the driver does not need to re-enter the public street system. c. Applicant's Proposal: The applicant is proposing to construct a 36 foot wide drive aisle from the site onto Linder Road using the location of the existing driveway entrance. d. Staff Comments/Recommendations: This driveway was approved by ACHD and constructed with the Developer Cooperative project for Linder/Chinden. 5 Knighthill Center (MPP-13-031) 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 Linder Road is classified as minor arterials 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. Comply with the requirements of the Idaho Transportation Department for right-of-way, access and improvements to US Hwy 20/26 (Chinden Boulevard). 2. Dedicate 65 feet of right-of-way from the centerline of Linder Road at the north corner of the site and taper to 48 feet of right-of-way from centerline at the south corner of the site for future widening of the intersection of Chinden Boulevard and Linder Road. As this project is listed in the Capital Improvements Plan, the Distict will provide compensation for any additional right-of-way dedicated beyond the existing right-of-way. 3. Construct a 10 foot wide detached concrete sidewalk on Linder Road, as proposed. A permanent right-of-way easement shall be provided for public sidewalks placed outside of the dedicated right- of-way. The easement shall encompass the entire area between right-of-way line and 2 feet behind the back edge of the sidewalk. 4. Extend Gertie Place into the subdivision at the south property line, as proposed. Complete the turnaround with a minimum inside turning radius of 26 feet, and curb, gutter and sidewalk constructed around the entire turnaround. 5. Connect to Everest Street, a private street at the west property line, as proposed. 6. The existing 36 foot wide driveway on Linder Road located 605 feet south of the intersection of US Hwy 20/26 (Chinden Boulevard) and Linder Road, is approved as proposed. 7. Other than the access specifically approved with this application, direct lot access to Linder Road is prohibited and shall be noted on the final plat. 8. Payment of impacts fees are due prior to issuance of a building permit. 9. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All irrigation facilities shall be relocated outside of the ACHD right-of-way. 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 6 Knighthill Center (MPP-13-031) 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 ACRD 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 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 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 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 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 ACHD Commission. F. Conclu~~on~ of L.~~vv The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD 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. 7 Knighthill Center (MPP-13-031) G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines Knighthill Center (MPP-13-031) VICINITY MAP ` ~ ~ '; ~' ~ ~N: *,,~ „~ .wx ~_.,a ,~.~ m~_ - ~. .. : ~ .. +A~ {k ? ~~,;° r ,_ ,.;,ALL; ..~ 9 Knighthill Center (MPP-13-031) SITE PLAN ~F Otis ~~. . ~.. ~~ ~~~a #~ k~ a~ ~~ ~ ~s~ ~~ ~~ 6 ~~ ~. R ~a ~~ I;~ ~ ~ ~~~ ~~ ~~ ~~ `~ ~5~ ~za ~ ~~ x~ ~ ~ `A a5 ~ ~ a ~~ ~ a ~ ~~'~ ~ ~ E a~ t: ~~ ,_.._1 x z Q~ ~ ~ a~' a ~ ~ ~a~,~~ b 71 ~ ~' ~ in ti ~_) O A 3 N ~ 0 Z ~~. -~~-- 71LEPi RAN Canatrv~flan N ObNwr 11Yr O 61110 £ ~j~ ~~i~~e ~~Y~~ ~~Y~15 ~K3"" i t<~ ~ ~ , ; p ~fl ~ ~ [ ~~`~ "~ ;i 4 aA4n f7~~}, I ~C P~~~~~ ~~ ~~~y~ ~~ ~a~> - 10 Knighthill Center (MPP-13-031) 1~1, III i ~ ~ i .~cnn.•u.so.i~~ boo eA. i I: I i +f~ o y ¢ y~ r-ti ~~r~~ ~rr''I}j~! I~ii~--~ 1 ~~~ . ii 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 e-mail notification information. 11 Knighthill Center (MPP-13-031) 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. Items to be completed by Applicant: ^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.) • Tiie 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 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 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. 12 Knighthill Center (MPP-13-031) Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. 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. 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 ROW DS 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. 13 Knighthill Center (MPP-13-031) 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 ACRD 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. 14 Knighthill Center(MPP-13-031)