Loading...
HomeMy WebLinkAboutPZ - ACHD report for Goddard Creek 1 Goddard Creek/ MPP17-0002/ H-2017-0007 Development Services Department Project/File: Goddard Creek Subdivision/ MPP17-0002/ H-2017-0007 The applicant is requesting a comprehensive plan map amendment, conditional use permit, development agreement modification, rezone, and preliminary plat approval for a self-storage facility with a managers unit and 82 units, multi-family 4-plex residential community. Lead Agency: City of Meridian Site address: 2780 W. McMillan Road Staff Approval: February 28, 2017 Applicant: Brian Porter 3057 E. Red Tail Drive Eagle, ID 83616 Representative: T-O Engineers Shon Parks 2471 S. Titanium Place Meridian, ID 83642 Staff Contact: Dawn Battles Phone: 387-6218 E-mail: dbattles@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting a comprehensive plan map amendment, conditional use permit, development agreement modification, rezone, and preliminary plat approval for a self -storage facility with a managers unit and 82 units, multi-family 4-plex residential community. The applicant is requesting approval to rezone the site from R-4 (Medium Density Residential) with the western 7.38 acres to CC (Commercial) and the eastern 5.0 acres to R-40 (High Density Residential). The applicant is requesting to amend the Future Land Use Map in the Comprehensive plan to change the land use designation to MU-C. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Low Density Residential R-4 South Low Density Residential & Medium Density Residential R-4 & R-8 East Office, Low Density Residential & Medium Density Residential L-O, R-4, & R-8 West Office L-O 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are not available to serve this site. 2 Goddard Creek/ MPP17-0002/ H-2017-0007 5. New Center Lane Miles: The proposed development includes no new public roads. 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)/ Integrated Five Year Work Plan (IFYWP): There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the Integrated Five Year Work Plan (IFYWP). • McMillan Road is listed in the CIP to be widened to 3-lanes from Ten Mile Road to Linder Road between 2031 and 2035. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 841 (365 storage units/476 multi- family) additional vehicle trips per day (10 existing); 81 (38 storage units/43 multi-family) additional vehicle trips 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) * Acceptable level of service for a two-lane minor arterial is “E” (575 VPH). * Acceptable level of service for a two-lane collector is “D” (425 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 McMillan Road east of Ten Mile Road was 6,058 on October 8, 2014. • The average daily traffic count for Goddard Creek Way north of McMillan Road was 1,847 on January 28, 2015. C. Findings for Consideration 1. McMillan Road a. Existing Conditions: McMillan Road is improved with 2-travel lanes, and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for McMillan Road (24-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 Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service McMillan Road 1150-feet Minor Arterial 331 Better than “E” Goddard Creek Way 442-feet Collector 98 Better than “D” 3 Goddard Creek/ MPP17-0002/ H-2017-0007 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 Policy 7205.2.1 & 7205.5.2 states that the standard 3-lane street section shall be 46-feet (back-of-curb to back-of-curb) within 70 feet of right-of-way. This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. 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 sidewalk 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. Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be required (See Section 7205.5.5). 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 McMillan Road is designated in the MSM as a Residential Arterial with 3-lanes and on-street bike lanes, a 49-foot street section within 74-feet of right-of-way. c. Applicant Proposal: The applicant is proposing to dedicate right-of-way to total 38-feet from centerline. The applicant is proposing to widen the pavement to 17-feet from centerline with a 3-foot gravel shoulder. The applicant is proposing to construct 5-foot wide detached sidewalks outside of the right-of-way. The sidewalk will connect with the existing sidewalk to the west of the property. d. Staff Comments/Recommendations: McMillan Road from Ten Mile to Linder is scheduled in the CIP to be widened to 3-lanes, so the applicant should dedicate additional right-of-way to total 38-feet from centerline, as proposed. This section of McMillan Road will need to be widened to the north because of the Lemp canal on the south side of the roadway. The District will provide compensation for the additional dedicated right-of-way. 4 Goddard Creek/ MPP17-0002/ H-2017-0007 The applicant’s proposal to widen the pavement to 17-feet from centerline with a 3-foot gravel shoulder should be approved as proposed. The applicant’s proposal to construct a 5-foot wide detached sidewalk outside of the right-of- way should be approved as proposed; however, ACHD discourages meandering sidewalks. 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. 2. Goddard Creek Way a. Existing Conditions: Goddard Creek Way is improved with 2-travel lanes, vertical curb, gutter, and 5-foot wide sidewalk abutting the site. There is 60-feet to 50-feet of right-of-way for Goddard Creek Way (25-feet from centerline). b. Policy: Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for improving all collector frontages adjacent to the site or internal to the development as required below, regardless of whether access is taken to all of the adjacent streets. Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector street is designated with a typology on the Master Street Map, that typology shall be considered for the required street improvements. If there is no typology listed in the Master Street Map, then standard street sections shall serve as the default. Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location and width of the sidewalk and the location and use of the roadway. The right -of-way width may be reduced, with District approval, if the sidewalk is located within an easement; in which case the District will require a minimum right-of-way width that extends 2-feet behind the back-of-curb on each side. The standard street section shall be 46-feet (back-of -curb to back-of-curb). This width typically accommodates a single travel lane in each direction, a continuous center left -turn lane, and bike lanes. Residential Collector Policy: District policy 7206.5.2 states that the standard street section for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalks at least 5-feet wide to be constructed on both sides of all collector 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. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements 5 Goddard Creek/ MPP17-0002/ H-2017-0007 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: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. This segment of Goddard Creek Way is designated in the MSM as a Residential Collector with 2-lanes and on-street bike lanes, a 33-foot street section within 50-feet of right-of-way. c. Staff Comments/Recommendations: Goddard Creek is fully improved with 2-travel lanes, curb, gutter, and sidewalk abutting the site. Therefore, no additional right-of-way is required with this application. 3. Driveways 3.1 McMillan Road a. Existing Conditions: There is an undefined driveway encompassing the western 132-feet of the property. 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 1a under District policy 7205.4.6, unless a waiver for the access point has been approved by the District Commission. Successive Driveways: District policy 7205.4.6 Table 1a, 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. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. 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. c. Applicant’s Proposal: The applicant is proposing to close the undefined driveway located near the west property line from the site onto McMillan Road with 5-foot wide concrete sidewalk and landscaping. The applicant is proposing to construct a 30-foot wide curb return type driveway onto McMillan Road located 568-feet (measured centerline-to-centerline) from Cortona Way. The applicant is proposing to construct a 20-foot wide emergency access with bollards from the site onto McMillan Road. 6 Goddard Creek/ MPP17-0002/ H-2017-0007 d. Staff Comments/Recommendations: The applicant's proposal does not meet District Access Management because access is not being taken on the lesser functional classified street, however, staff recommends a modification of policy to allow the driveway to be located as proposed due to the following: • The storage unit component of the site only has access off of McMillan Road. • The driveway will align with the residential driveway on the south side of McMillan Road. • The driveway on the south side of McMillan Road generates less than 10 vehicle trips per day. The applicant’s proposal to construct a 20-foot wide emergency access from the site onto McMillan Road is approved. The access should be gated or have bollards installed. Gates or bollards should be located outside of the right-of-way, and installed as determined by Meridian Fire Department. The driveways should be paved their full widths and at least 30-feet into the site beyond the edge of McMillan Road. 4. Private Driveway 4.1 Apgar Creek Lane a. Existing Conditions: Apgar Creek Lane is an existing private driveway located off of Goddard Creek Way. b. Applicant’s Proposal: The applicant is proposing to construct a driveway for the residential area of this site onto Apgar Creek Lane. 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 McMillan Road is classified as a minor arterial roadway. Goddard Creek Way is classified as a collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Dedicate right-of-way on McMillan Road to total 38-feet from centerline. The applicant will be compensated for the right-of-way. 2. Widen the pavement on McMillan Road to a minimum of 17-feet from centerline with a 3-foot gravel shoulder abutting the site. 7 Goddard Creek/ MPP17-0002/ H-2017-0007 3. Construct a 5-foot wide detached concrete sidewalk on McMillan Road located outside of the proposed right-of-way dedication area. The front edge of sidewalk should be located a minimum of 43-feet from centerline. Provide a sidewalk easement that shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 4. Close the existing driveway from the site onto McMillan Road with 5-foot wide concrete sidewalk. 5. Construct a 30-foot wide curb return type driveway onto McMillan Road located 568-feet (measured centerline-to-centerline) from Cortona Way. 6. Construct a 20-foot wide emergency access from the site onto McMillan Road. Gates or bollards shall be located outside of the right-of-way, and installed as determined by Meridian Fire Department. 7. Pave the driveways their full widths and at least 30-feet into the site beyond the edge of McMillan Road. 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 proposed irrigation facilities shall be located outside of the ACHD right-of -way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right- of-way (including all easements). 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 ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of -way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8 Goddard Creek/ MPP17-0002/ H-2017-0007 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 a waiver/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. Appeal Guidelines 9 Goddard Creek/ MPP17-0002/ H-2017-0007 VICINITY MAP 10 Goddard Creek/ MPP17-0002/ H-2017-0007 SITE PLAN 11 Goddard Creek/ MPP17-0002/ H-2017-0007 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. 12 Goddard Creek/ MPP17-0002/ H-2017-0007 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.) • 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 a Pre-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 a Pre-Con. 13 Goddard Creek/ MPP17-0002/ H-2017-0007 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services 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 Development Services 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. 14 Goddard Creek/ MPP17-0002/ H-2017-0007 Request for Reconsideration of Commission Action 1. 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 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. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission.