ACHD Comments~ ~""
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CHD
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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
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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
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9 Knighthill Center (MPP-13-031)
SITE PLAN
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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)