ACHD Comments CCDevelopment Services Department
~~
C
c~~~x~ :~
Project/File:
Reardon Subdivision
The applicant is requesting a rezone and preliminary plat approval fora 10 lot
residential subdivision on 2 acres. The site is located at 4275 W. Cherry Lane in
Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 4275 W. Cherry Ln.
Staff Approval: April 19, 2014
Applicant: Kim Kinney
CS2, LLC
8921 W. Hackamore Dr.
Boise, ID 83709
Representative: Bob Unger
6104 N. Gary Lane
Boise, ID 83714
Staff Contact:
Mindy Wallace
Phone: (208) 387-6178
E-mail: mwallace(c~achdidaho.org
A. Findings of Fact
~~
Description of Application: The applicant is requesting a rezone and preliminary plat approval
fora 10 lot residential and 4 common lots on 2 acres. The applicant is proposing to rezone the
site from R-4 to R-8. This proposal is consistent with Meridian's comprehensive plan.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Golf View Estates R-4
South Single Family Residential District R1
East Cherr ood Villa e R-8
West Low Density Residential District R-2
3. Site History: ACHD previously reviewed this site as Hearthstone Subdivision (MPFP01-009)
in April 2002, and as Summer Tree Subdivision in December of 2013.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Buckeye Place Subdivision located southwest of the site is in various stages of development.
Reardon Subdivision
5. Transit: There are no transit services available to serve this site.
6. New Center Lane Miles: 0.1
7. 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.
8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Black Cat Road is scheduled in the Capital Improvements Plan to be widened to 5-lanes from
Franklin Road to Cherry Lane between 2017 and 2021.
• Black Cat Road is scheduled ton the Capital Improvements Plan to be widened to 5-lanes from
Cherry Lane to Ustick Road between 2017 and 2021.
• Ten Mile Road is scheduled on the Capital Improvements Plan to be widened to 4/5-lanes from
Cherry Lane to Ustick Road in 2015.
• The intersection of Cherry Lane and Black Cat Road is listed in the Capital Improvements Plan
to be widened to 6-lanes on the north leg, 7-lanes on the south, 7-lanes east, and 6-lanes on
the west leg, and signalized between 2017 and 2021.
• The intersection of Cherry Lane and Ten Mile Road is scheduled in the Capital Improvements
Plan to be widened to 7-lanes on the north leg, 7-lanes on the south, 7-lanes east, and 7-lanes
on the west leg, and signalized between 2017 and 2021.
B. Traffic Findings for Consideration
Trip Generation: This development is estimated to generate 85 additional vehicle trips per day
(10 existing); 9 additional vehicle trips per hour in the PM peak hour (1 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 Hour Hour Level Plus
Classification Traffic Count of Service Project
Cherry Ln. 335-feet Principal 702 Better than
"
" Better
"
"
Arterial E than
E
Ten Mile Rd. None Minor Arterial 1
051 Better than
"
" Better
"
"
, D than
D
Black Cat Rd. None Minor Arterial 321 Better than Better
"D" than "D"
Summertree 300-feet Local N/A N/A N/A
Way
* Acceptable level of service for afive-lane principal arterial is "E" (1,770 VPH).
* Acceptable level of service for afour-lane minor arterial is "D" (1,200 VPH).
* Acceptable level of service for atwo-lane minor arterial is "D" (550 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 Cherry Lane west of Ten Mile Road was 11,624 on
May 17, 2011.
2 Reardon Subdivision
The average daily traffic count for Ten Mile Road south of Cherry Lane was 15,953 on
June 16, 2011.
The average daily traffic count for Black Cat Road south of Cherry Lane was 5,193 on
June 23, 2013.
C. Findings for Consideration
1. Cherry Lane
a. Existing Conditions: Cherry Lane is improved with 5-travel lanes, vertical curb, gutter, and
7-foot wide sidewalk abutting the site. There is 90-feet of right-of-way for Cherry Lane (45-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 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.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to
existing streets adjacent to a proposed development may be required. These improvements
are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction
or replacement; curb and gutter construction or replacement; replacement of unused
driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps;
pavement repairs; signs; traffic control devices; and other similar items.
ACHD Master Street Map: ACRD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Cherry Lane 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.
c. Applicant Proposal: The applicant is not proposing any improvements to Cherry Lane
abutting the site.
d. Staff Comments/Recommendations: The applicant should not be required to dedicate any
additional right-of-way because Cherry Lane is built-out to the 5-lane section.
3 Reardon Subdivision
The applicant should be required to correct deficiencies and replace deteriorated facilities on
Cherry Lane abutting the site. These include sidewalk, curb, gutter, driveways, pedestrian
ramps, etc.
2. Summertree Way
a. Existing Conditions: Summertree Way is improved with 2-travel lanes, 25-feet of pavement,
rolled curb, gutter, and no sidewalk abutting the site. There is 40-feet of right-of-way for
Summertree Way (20-feet from centerline).
b. Policy:
Reduced Urban Local Street-29-foot Street Section and Right-of-Way Policy: District
Policy 7207.5.2 states that the width of a reduced urban local street shall be 29-feet (back-of-
curb to back-of-curb) with curb, gutter, and minimum 5-foot concrete sidewalks on both sides
and shall typically be within 42-feet of right-of-way. Although some parking is allowed by the
following subsections, the District will further restrict parking on a reduced width street if
curves or other physical features cause problems, if actual emergency response experience
indicates that emergency vehicles may not be able to provide service, or if other safety
concerns arise.
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 Proposal: The applicant is proposing to construct 5-foot wide attached concrete
sidewalk on Summertree way abutting the site.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved as proposed.
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.
3. Internal Roads
a. Existing Conditions: There are no roads constructed internal to the site.
b. Policy:
Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local street frontages adjacent to the site regardless of whether or not access is
taken to all of the adjacent streets.
4 Reardon Subdivision
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.
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 construct one new internal street,
Aspencreek Drive as 34-foot street sections with rolled curb, gutter and 5-foot attached
concrete sidewalk within 44-feet of right-of-way. Aspencreek Drive is proposed to terminate in
a standard cul-de-sac turnaround stubbing to the site's east property line.
The internal local street is proposed to extend over an existing private road/access easement
and stub to the east property line.
The applicant has proposed to construct one 58.30-foot wide driveway off of cul-de-sac
turnaround to provide access to the 2.5 acre lot located directly south of the site at 1490 N.
Jones Creek Lane (S1210212530).
d. Staff Comments/Recommendations: The proposed street section meets District Policy and
should be approved as proposed; the applicant should be required to provide written Fire
Department approval for use of the reduced street section.
ACHD is not supportive of and will not approve the applicant's proposal to construct a public
street over an existing private road/access easement. The applicant should be required to
vacate the private road or access easement prior to plans acceptance or signature on the first
final plat.
5 Reardon Subdivision
Once the private road/access easement is vacated the applicant should also be required to
close the existing driveway onto Cherry Lane with vertical curb, gutter, and 7-foot wide
sidewalks abutting the site.
The applicant's proposal to stub Aspencreek Drive to the site's east property line meets
District policy and should be approved, as proposed. The applicant should be required to
install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE."
The cul-de-sac turnaround should be constructed to provide a minimum turning radius of 45-
feet.
Staff recommends approval of the 58.30-foot wide driveway proposed to provide access to the
2.5 acre lot located directly south of the site at 1490 N. Jones Creek Lane (S1210212530). As
the property owners believe the extra driveway width is necessary for their horse trailer. The
driveway should be paved its entire width at least 30-feet into the site beyond the edge of
pavement.
4. Roadway Offsets
a. Existing Conditions: There are no roads constructed internal to the site.
b. Policy:
Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a
minimum offset of 125-feet from any other street (measured centerline to centerline).
c. Applicant's Proposal: The applicant is proposing to construct all internal local streets to
provide a minimum offset of 125-feet.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved as proposed.
5. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
6. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all put~lic
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
Cherry Lane is classified as a principal arterial roadway. Direct lot access is prohibited to this
roadway and should be noted on the final plat.
D. Site Specific Conditions of Approval
1. Vacate the private road or access easement prior to plans acceptance or signature on the first
final plat.
6 Reardon Subdivision
2. Close the existing driveway onto Cherry Lane (private road/access easement) with vertical curb,
gutter, and 7-foot wide attached concrete sidewalks to match the existing improvements on
either side.
3. Correct deficiencies and replace deteriorated facilities on Cherry Lane abutting the site. These
include sidewalk, curb, gutter, driveways, pedestrian ramps, etc.
4. Construct a 5-foot wide attached concrete sidewalk on Summertree Way abutting the site, as
proposed.
5. Construct pedestrian ramps to be ADA compliant at the intersection of Summertree Way and
Aspencreek Drive abutting the site on both sides.
6. Construct Aspencreek Drive as a 34-foot street sections with vertical curb, gutter and 5-foot
wide attached sidewalks within 44-feet of right-of-way. Obtain written fire department approval
for the proposed reduced local street section.
7. Construct a cul-de-sac turnaround at the terminus of Aspencreek Drive, as proposed. The cul-
de-sac should be provide a minimum radius of 45-feet.
8. Install a sign at the terminus of the stub street, Appencreek Drive, stating "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
9. Construct one driveway onto the 58.30-foot wide driveway onto the cul-de-sac turnaround at the
terminus of Aspencreek Drive, as proposed. Pave the driveway its full with at least 30-feet into
the site beyond the edge of pavement of Aspencreek Drive.
10. Direct lot access is prohibited to Cherry Lane and shall be noted on the final plat.
11. Payment of impacts fees are due prior to issuance of a building permit.
12. Comply with all Standard Conditions of Approval.
E. Standard Conditions of A~p~rovall
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.
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.
7 Reardon Subdivision
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.
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
Reardon Subdivision
VICINITY MAP
,.
Reardon Subdivision
SITE PLAN
I F
~ 4
i
~ ~~~ ~ ~
~
~~ ~~~~ ~~ ~ ~ ~ ~
~ i s
~ ~:4`~ ~ it~~~~ ~ ~~ ~ ~ ~~ I
I I
I ~z o-e ~+oz ¢-a
'8(15 3OV1'N1V LOOM Aaa3q j ~ .~K 3~Y17N dOLW4 Aaa3H~ I
I '' ~ ~
~^
~• 'te' • ~'Y'fYt-`~l~TTT,TT J'~~= }~I
r _...+.._ ._.___._~.~_____ J .
-----'---'-'-----'-' _ U
.--a
- - r- «
...3,...SS.S1aQQ._N
i
I h
ay
~ n)
~ `$ " I
M
E us
~ - ~ ~
!
'6 Q O ~ O r~I~~
l~~~) ~ _
~ ~
~ ~
i
~~~' ~ S
l ~
i o
' ~ ~,
.~ ~£ ~
M
LS'£OL M
9Y
8S£0 N
~ ~ «
,
,
~9Q90a0 5 1
.
W I lt'd'i2'- ~---'-
:~z-- .o ,
)
z
I
'
~ 0
~~ w ~ ;s ZZ6'S 5 ~
S
"~ J S64 ~
q I ~
~
I ~
U ~ I
~ N
.r ;s l6b'S ~
'
O
9 I ~
~
v ;s 4S0 n
n I rn
i
I
i n
o
W ~
_ ~ M d5 ti9b'S 8
~ ;S 409'S
',~'~
R!
~ q ~
'
.
~. ~
n ti*
I ,
I
i ~
N ;s £SO'S
~
N ;s Zt0'L
O
I ~- ;S OSZ'£
~ ~" lOl 3l8bOllflB-NON
,B5'66Z 3 «60.90.005
10 Reardon Subdivision
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.
11 Reardon Subdivision
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.
tt~tms to be cc>'m~ate~rd b~ Arae~l~elnt:
^For ALL development applications, including those receiving a "No Review" letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-
way, including, but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Non-Subdivisions)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services & Traffic
Services). There is a one week turnaround for this approval.
^ Working in the 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 Reardon Subdivision
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 ACRD 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.
13 Reardon Subdivision
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.
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
ACRD 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.
14 Reardon Subdivision