HomeMy WebLinkAbout2021-08-09 ACHD Draft Report Development Services Department
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AHD
Project/File: Cole Valley Christen School Portables/ MER21-0074/H-2021-0043/A2021-0101
This is a conditional use permit and certificate of zoning compliance application to
allow for 4 temporary portable classrooms on 3.5 acres.
Lead Agency: City of Meridian
Site address: 1108 NE 2 '/2 Street Vicinity Map
Commission LIT
- ;
Meeting: XXXX, 202X = "
Staff Approval: XXXX, 202X
Applicant: Stephen Evans
Cole Community
8775 W Ustick Road ."
Boise, ID 83704 ;
Representative: Michael Thomas
The Land Group
462 E Shore Drive
Eagle, ID 83616
Staff Contact: Mindy Wallace, AICP
Phone: 387-6178
E-mail: mwallace(@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of a conditional use permit and
certificate of zoning compliance application to allow for them to install 4 temporary portable
classrooms (totaling an additional 7,095 square feet)to be used for 4 years on a 3.5 acre site owned
by the school. The portable classrooms will require the standard utilities; water, sewer, and
electricity to be extend to the site.
The proposal is consistent with the City of Meridian's Future Land Use map which identified the site
as Old Town.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North Single family residential R-15
South Single family residential R-15
East Single family residential R-8
West Private School R-15/L-0
1 DRAFT/ MER21-0074
3. Site History: ACHD has not previously reviewed this site for a development application.
Site History: ACHD previously reviewed this site as MER17-0065 in 2017 for the remodel existing
structure to be used as a team room, office, and concession facility for Cole Valley Christian High
School. No improvements were required to the adjacent streets as part of that application as the
proposed use was an auxiliary use to the existing private school and grass field and was not
anticipated to generate any additional traffic. ACHD's staff letter noted that street improvements
(pavement widening, curb, gutter, and sidewalks) on adjacent roadways may be required with any
future development of the site that intensifies the land use or is anticipated to generate traffic, or is
a change in use.
4. Transit: Transit services are not available to serve this site.
5. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use
paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared
use path.
AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection
Treatments: The opening of a shared use path at the roadway should be at least the same width
as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the
path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the
full width of the ramp.
FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related
concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average
width of the trail to improve safety for users who will be traveling at various speeds. In addition, the
overall width of the trail should be increased, so the curb ramp can be slightly offset to the side.
The increased width reduces conflict at the intersection by providing more space for users at the
bottom of the ramp.
6. New Center Lane Miles: The proposed development includes 0.0 centerline miles of new public
road.
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. The impact fee assessment will not be released until the civil plans are approved by ACHD.
8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
There are no roadways, bridges or intersections in the general vicinity of the project that are in the
Integrated Five Year Work Plan (IFYWP) or the District's Capital Improvement Plan (CIP).
9. Roadways to Bikeways Master Plan: ACHD's Roadways to Bikeways Master Plan (BMP) was
adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to
implement the Planned Bicycle Network to support bicycling as a viable transportation option for
Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of
good repair in order to ensure they are consistently available for use, promote awareness of existing
bicycle routes and features and support encouragement programs and to facilitate coordination and
cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan
recommendations.
The BMP identifies 2 '/2 Street as an existing Level 1 facility.
2 DRAFT/ MER21-0074
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 40 additional vehicle trips in the PM
peak hour. ITD does not provide a per 1,000 square foot average trip rate for a private K-12 school
but does provide a trip rate of 2.48 new trips per day per day per student. Based on the Institute of
Transportation Engineers Trip Generation Manual, 10th edition. The development application did
not include how many students would be added due to the additional classroom space.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Functional PM Peak PM Peak
Roadway Frontage Classification Hour Hour Level
Traffic Count of Service
*2 '/2 Street 140-feet Local 114 N/A
*Washington 100-feet Local 19 N/A
Avenue
** ACHD does not set level of service thresholds for Local Streets.
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 2 '/2 Street north of Washington Avenue was 2,295 on
10/2/19.
• The average daily traffic count for Washington Avenue east of 2 '/2 Street was 615 on 3/1/17.
• There are no current traffic counts for Carlton Street.
C. Findings for Consideration
1. 2 '/2 Street and Washington Avenue
a. Existing Conditions: 21/2 Street: 2 '/z Street is improved with is improved with 2-travel lanes,
and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for 2 '/2 Street
(25-feet from centerline).
Across from the site 2 '/2 Street is improved with vertical curb, gutter, and 5-foot wide attached
concrete sidewalk. There is a non-ADA compliant, striped, and signed school crossing on 2 '/2
Street at Washington.
Washington Avenue: Washington Avenue is improved with 2 travel lanes 20-feet of pavement
and no curb gutter or sidewalk abutting the site. There is 30-feet of prescriptive right-of-way
(13-feet from centerline).
b. Policy:
Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible
for improving all commercial street frontages adjacent to the site regardless of whether or not
access is taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7208.5 states that right-of-way widths
for new commercial streets shall typically be 50 and 70-feet wide and that the standard street
section will vary depending on the need for a center turn lane, bike lanes, volumes, percentage
of truck traffic, and/or on-street parking.
• A 36-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and on-street parking.
3 DRAFT/ MER21-0074
• A 40-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and a center turn lane.
• A 46-foot street section (back-of-curb to back-of-curb) will typically accommodate two
travel lanes and a center turn lane and bike lanes.
Sidewalk Policy: District Policy 7208.5.6 requires a concrete sidewalks at least 5-feet wide to
be constructed on both sides of all commercial streets. If a separated sidewalk is proposed, 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.
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.
Half Street Policy: District Policy 7208.2.2 required improvements shall consist of pavement
widening to one-half the required width, including curb, gutter and concrete sidewalk (minimum
5-feet), plus 12-feet of additional pavement widening beyond the centerline established for the
street to provide an adequate roadway surface, with the pavement crowned at the ultimate
centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway
storm runoff shall be constructed on the unimproved side.
c. Applicant's Proposal: The applicant has not proposed any improvements to either 2 '/2 Street
or Washington Avenue abutting the site.
The applicant has proposed to construct a 9-foot wide asphalt pathway to tie into the existing
non-ADA compliant pedestrian crossing on 2 '/2 Street.
d. Staff Comments/Recommendations: 2 1/2 Street: The applicant material note that the
applicant is requesting approval to place 4 temporary portable classrooms on an existing lot to
be used for 4 years. The City of Meridian allows temporary uses to be in place for up to 4 years.
After a temporary use has been in place for the 4 years the applicant is required to apply for a
new conditional use permit. This is different than how a ACHD defines a temporary use which
when a use will not exceed 90 days in any 12 month period as defined in section 7308 of
ACHD's policy manual.
Because ACHD only considers temporary use to be a 90 day period, and the applicant's
proposal intensifies the land use and is anticipated to generate traffic the applicant should be
required to improve 2 '/2 has half of a 36-foot wide street section with vertical curb, gutter, and
5-foot wide attached concrete sidewalk abutting the site.
This proposal will also create the need for students to cross 2 '/2 Street to access the portable
classrooms. The application materials did not include specific information regarding who would
be using the portables or the frequency of street crossings. Because more students will be
crossing 2 '/2 Street between the existing Cole valley Christian School campus and the portable
classrooms and to ensure the students are provided a safe crossing, staff recommends that the
existing pedestrian crossing be reconstructed to meet current ADA standards and that an RRFB
(Rapid Rectangular Flashing Beacon) be installed. This will provide a safer, enhanced
pedestrian crossing for students and staff. The RRFB should be installed prior to occupancy of
the portable classrooms.
In order to install the RRFB on 2 '/2 Street at the existing pedestrian crossing location (south of
Washington Avenue) the applicant will need to obtain plan approval, purchase the signal
equipment, and enter into a signal agreement with ACHD. The applicant will need to order and
purchase the signal hardware as ACHD does not have these materials available for this project.
4 DRAFT/ MER21-0074
The signal agreement should include requirements that the applicant is responsible for all costs
associated with the hardware, design, and installation of the RRFB, and that this improvement is
not eligible for reimbursement by ACHD.
In order to ensure the RRFB with intersection lighting on 2 '/2 Street is installed, the following items
must be in place prior to plans acceptance.
• Signal Agreement
• Full design and approved plans for the intersection
Washington Avenue: Washington Avenue has limited right-of-way making frontage improvements
difficult to construct and students are not anticipated to use Washington Avenue to access the site.
Because of this staff recommends a waiver of frontage improvements on Washington Street and
that the applicant be required to dedicated additional right-of-way to total 25-feet from the centerline
of Washington Avenue abutting the entire parcel. There is only 18 to 20-feet of pavement for
Washington Avenue abutting the site. Because of this and to ensure there is adequate access for
emergency service providers, the applicant should be required to install "NO PARKING" signs on
Washington Avenue abutting the site.
2. Driveways
2.1 Washington Avenue
a. Existing Conditions: There are no existing driveways from the site onto Washington Avenue.
b. Policy:
Driveway Location Policy: District policy 7208.4.1 requires driveways near intersections to be
located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street
intersection, and 150-feet from the nearest collector/arterial or arterial street intersection.
Successive Driveways: District Policy 7208.4.1 states that successive driveways away from an
intersection shall have no minimum spacing requirements for access points along a local street,
but the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7208.4.3 restricts commercial driveways to a maximum
width of 40-feet. Most commercial driveways will be constructed as curb-cut type facilities.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7208.4.3, 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.
Driveway Design Requirements: District policy 7208.4.3 states if an access point is to be gated,
the gate or keypad (whichever is closer)shall be located a minimum of 50-feet from the near edge
of the intersection and a turnaround shall be provided.
c. Applicant's Proposal: The applicant is proposing to construct a 20-foot wide driveway onto
Washington Avenue located approximately 52-feet from the centerline of 2 '/2 Street. The
driveway is proposed to provide access to 1 ADA parking stall.
d. Staff Comments/Recommendations: The applicant's proposal should be approved, as
proposed.
3. 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.
5 DRAFT/ MER21-0074
4. 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.
D. Site Specific Conditions of Approval
1. Construct 2 '/2 Street has half of a 36-foot wide commercial street section with vertical curb, gutter,
and 5-foot wide attached concrete sidewalk abutting the site.
2. Reconstruct the existing pedestrian crossing on 2 '/2 Street south of Washington Avenue to meet
current ADA standards.
3. Prior to occupancy of the portable classrooms, install a RRFB with intersection lighting on 2 '/2
Street in the location of the existing pedestrian crossing (south of Washington Avenue). Enter into
a signal agreement with ACHD to ensure that the RRFB is installed. The signal agreement shall
note that the applicant is responsible for all costs associated with the hardware, design, and
installation of the RRFB, and that this improvement is not eligible for reimbursement by ACHD.
The applicant will need to order and purchase the signal hardware as ACHD does not have these
materials available for this project.
In order to ensure the RRFB with intersection lighting on 2 '/2 Street is installed, the following items
must be in place prior to plans acceptance for the final plat.
• Signal Agreement
• Full design and approved plans for the intersection
4. Dedicate additional right of way to total 25-feet from the centerline of Washington Avenue abutting
the entire parcel owned by Cole Valley Christian School.
5. Install "NO PARKING"signs on Washington Avenue abutting the entire parcel owned by Cole Valley
Christian School.
6. Submit civil plans to ACHD Development Services for review and approval. The impact fee
assessment will not be released until the civil plans are approved by ACHD.
7. Payment of impact fees is due prior to issuance of a building permit.
8. 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.
6 DRAFT/ MER21-0074
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.
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. Request for Reconsideration Guidelines OR Appeal Guidelines
VICINITY MAP
7 DRAFT/ MER21-0074
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9 DRAFT/ MER21-0074
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.
10 DRAFT/ MER21-0074
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.
11 DRAFT/ MER21-0074
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
and Clerk of the District, 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.
12 DRAFT/ MER21-0074
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 11:00 a.m. 2 days 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.
13 DRAFT/ MER21-0074