ACHD Comments~~~~~
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Date: March 24, 2014
To: CBC Freddy's Meridian 1, LLC
4706 Broadway, Ste.240
Kansas City, MI 64112
Subject: MCZC-14-019
3180 E. Lanark St. Meridian
Design Review for Freddy's Frozen Custard
John S. Franden, President
Mitchell A. Jaurena, Vice President
Rebecca W. Arnold, Commissioner
Sara M. Baker, Commissioner
]im D. Hansen, Commissioner
In response to your request for comment, the Ada County Highway District (ACRD) staff has
reviewed the submitted application and site plan for the item referenced above. The applicant
shall be required to meet the following conditions of approval:
Comply with all ACRD Standard Conditions of Approval (attached) as well as all ACRD
Policies.
A traffic impact fee may be assessed by ACRD and will be due prior to the issuance of a
building permit. This is a separate review process that requires direct plans submittal to the
Development Review staff at the Highway District. For questions regarding the submittal for
impact fee assessment please contact the Development Review staff at (208) 387-6170.
Prior to the construction, repair, or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.), a permit must be obtained from
ACRD.
If you have any questions, please feel free to contact me at (208) 387-6273.
Sincerely,
Tammy Tucker
Administrative Specialist
Development Services
CC: Project file,
City of Meridian, via a-mail
Madison Development Group, LLC, via-email
Tamara Thompson, the Land Group, via a-mail
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Traffic Information
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 ACRD right-of-way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within 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
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
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.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processjng 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.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org