HomeMy WebLinkAboutCentral Valley Baptist ChurchMarch 3, 2003
MERIDIAN PLANNING &. ZONING MEETING March 6, 2003
COMMENTS
APPLICANT Central Valley Baptist Church ITEM NO.
See attached Staff Comments
REQUEST Public Hearing -Request for annexation and zoning of 10.006 acres from RUT to L-O
zones for Central Valley Baptist Church -east of Norfh Ten Mile Road and south of West Pine
Avenue
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted: ~~~ai~O.,S
AZ 03-001
4
R~.Corv~miv~ a.~
~~~o~~
See attached Comments ~
"Ok per Meridian Water Department' GI
"No Comment'
"No Comments at this flme"
See atMched Comments
"We have No Objection to this Proposal"
No Comment
Date:~Z Phone:
al pu6lfe meetings shall become properly of the CIIy of Meridian.
MAYOR
RobeR D. Cowie
CITY COUNCll. MEMBERS
Tammy de Weerd
Keith Bird
Cherie McCandless
William L.M. Nary
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place [o Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-0433 ~ FAX (208) 887.4813
City Clerk Office Faz (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 • Faz 887-1297
PLANNBdG AND ZONING
DEPARTMENT
(208) 884-5533 ~ FAX 8886854
February 13, 2003
To: Mayor, City Council and Planning & Zoning Commission
From: Sonya Allen, Planner I ~~ RE CE IVE I~
Bruce Freckleton, Senior Engineering Tech MAR 0 3. ~ ~3
Re: Central Vall Ba fist Church City Of Meridian
ey p City Clerk Office
• Annexation and Zoning of 10.006 Acres from RUT (Ada County) to L-0
(Limited Office), by Central Valley Baptist Church. (File No. AZ-03-001).
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval These conditions shall be considered in full, unless expressly
modffied or deleted by motion of the Meridian City Council:
APPLICATIONS SUMMARY
The applicant, Central Valley Baptist Church, has applied for annexation and zoning approval of
10.006 acres of land located on the north-east corner of N. Ten Mile Road and the railroad
tracks, approximately 1/3 mile north of W. Franklin Road. The requested zoning designation for
the church is L-O (Limited Office).
LOCATION
The property is located approximately 1/3 mile north of W. Franklin Road, on the north-east
corner of N. Ten Mile Road and the railroad tracks.
SURROUNDING PROPERTIES
North: Rural residentiaUagricultural properties, zoned RUT (Ada County)
West: Rural residentiaUagricultural properties, zoned RUT (Ada County)
East: Rural residentiaUagricultural properties, zoned RUT (Ada County)
South: Agricultural properties, zoned RUT (Ada Coumy), and agricultural properly to the south-
east, zoned I-L
Planning & Zoning Commission/Mayor & City Council
February 26, 2003
Page 2
OWNER OF RECORD
The property owner of record is Central Valley Baptist Curch and they have provided notarized
consent for submission of these applications.
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-I1, General Standards Applicable to Zoning Amendments, both
the P&Z Commission and Council are required "to review the particular facts and circumstances
of each proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment "
The following is the list of standards found in 11-15-11 and analysis by staff:
A. Will the new zoning be harmonions with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The Comprehensive Plan shows the subject property as "Mixed Use -
Community" which complies with the requested caning of L-O (Limited Office),
allowing a church in that location. The Mixed Use Community policy on page 8
of the Meridian Comprehensive Plan includes churches as sample uses in this
district.
Staff finds that the requested zone of L-O will be harmonious with and in
accordance with the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the applicant intends to rezone the subject property
again in the future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
Staff finds that the proposed church will be allowed within the requested L-O
zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the. streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
Planning & Zoning Commission/Mayor & City Council
February 26, 2003
Page 3
City Council approved the annexation for Moshers Farm Subdivision on
January 21, 2003 to an R-8 zone with 32 residential lots. Moshers Farm is located
approximately a '/a mile north of the subject property on Ten Mile Road. In
addition, the City annexed and zoned approximately 2.8 acres for office use, and
approximately 11 acres for apartment use on the north-east comer of Ten Mile
Rd. & W. Pine Ave. to L-0 zone.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
Staff finds that the proposed use (church) will be designed appropriately to match
with the intended character of the general vicinity. Any change in the existing
character of the area is in harmony with the intended future land use envisioned
by the Comprehensive Plan.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony to determine
whether or not the proposed use will be disturbing or hazardous to the existing or
future neighboring uses.
Staff does not anticipate that the proposed church use will be hazardous or
disturbing to future or existing neighbors, as long as the recommended conditions
of approval are complied with.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Staff finds that the property to be annexed may be served adequately by all
essential public facilities and services. Applicant shall either construct a
temporary Iift station or participate with the developers of adjacent lands to
provide service to the area. The lift station will be constructed at W. Pine Ave.
and N. Ten Mile Road. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them
available to the adjacent properties.
The Commission and Council should review ACRD, Sanitary Service, Police and
Fire Department's comments concerning this annexation for further information
regarding public services.
Planning & Zoning Commission/Mayor & City Council
February 26, 2003
Page 4
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Staff finds that there will not be excessive additional requirements at public cost
and that the annexation and zoning will not be detrimental to the community's
economic welfare.
L Will the proposed uses not involve ases, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff finds that the proposed annexation and church use will not create excessive
traffic, noise or other nuisances that would be detrimental to the general welfare
of the surrounding area.
Staff recognizes the fact that traffic will increase with the approval of a church
use; however staff does not feel that the amount generated will be detrimental to
the public welfare of the city.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
Staff finds that the church's vehiculaz approaches off of N. Ten Mile Road will
create new traffic on surrounding roads. However, staff does not believe that the
church's entrances will cause significant interference on the surrounding public
streets.
Please review ACHD comments concerning vehicular approaches and traffic
generation.
K Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff finds that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than
4" caliper that are removed shall be mitigated for, per the Landscape Ordinance.
The Ten Mile Sub Drain courses along the eastern boundary of the subject
property. The proposed development includes a drainage pond adjacent to the Ten
Mile Sub Drain.
Planning & Zoning Commission/Mayor 8c City Council
February 26, 2003
Page 5
L. Is the proposed caning amendment in the best interest of the City of
Meridian. (Ord. 592,11-17-1992)?
Staff finds that the annexation of this property would be in the best interest of the
City.
ANNEXATION AND ZONING CONDITIONS
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
2. The legal description for annexation and zoning appears to describe the subject property, and
complies with the requirements of the State Tax Commission and City of Meridian.
3. All development on the subject property shall be constructed in accordance with City of
Meridian ordinances in effect at the time of development.
4. If the 48-foot right-of--way on N. Ten Mile Road is not dedicated to the Ada County Highway
District, all future right-of--way (the portion to be dedicated) shall be designated on the
Certificate of Zoning Compliance Site Plan.
Applicant shall either construct a temporary lift station or participate with the developers of
adjacent lands to provide service to the area. The lift station shall be constructed at W. Pine
Ave. and N. Ten Mile Road. Applicant shall be required to extend water and sanitary sewer
mains to and through the proposed development, thereby making them available to the
adjacent properties.
RECOMMENDATION
Staff recommends annexation and zoning of the subject property to R-8 zone.
sent ey: OLSDN ASSOCIATES ARCHITECTS; 1208 466 6787 Fep•24-D3 16:06; Page 212
February 24,2003
Notarized Statement
Olson & Associates Architects, P.A.
14 12th. Avenue South -Suite 210
Nampa, ID 83651
City of Meridian:
I, Brandon Sheltrown, have posted an official Annexation & Zoning Notice on the
]0 acre property of Central Valley Baptist Church on this date of February 24,
2003. The public hearing date is set for March 6"' at 7:00 P.M.
Sincerely,
Brandon Sheltrown
Olson & Associates ArchiteMs
?AlE Of~ I~RHO
f,OlJNIl` OF CA ~ ~ ~
G!1 this a `E day of , 20 ~bzfDro
~~; personallycame ~C~~'he / trg-'`~+~
,~: me kncwn, and known to mp t:. bs t.h~; inoi~,idual (s)
scribed in and who exr.cufnd tha:.~`tashrd instrumer,f, :!~''
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.__ 11e _. CxECl3~:?•'. Ili, ~~a~^n,
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RECEIVED
FEB 2 5 2003
City Of Meridian
City Clerk Office
FEB 24 '03 16 07 1208 466 6787 PAGE.02
MAYOR
ROBERT D. CORRIE
COIINCn MEMBERS
WnLIaML.M. NAxY
KEITxBII1D
TAMMY DE WEERD
CI-ifiRrEMcCANDLESs
RURAL FmE COMMISSIONFRG
RICHARD GREENB
TERRY LEIGxTDN
STEVEELLIOTT
.~, ~ ~* CRY OF ~~
~~'Vl P1'IG~IGCl2'
l5 Iunr+o
MERIDIAN CITY/RURAL FIRE DEPARTMENT
February 21, 2003
C•m•^
KEN W.BowERs
DEPUTY CIEEF - FIRE PREVENTION
JosEPx SILVA
DEPUTYCLEF -TRAINING
BII.L JOHNSON
540 Fast Franklin Road
Meridian, ID 83642
(208)888-1234
Fax (208) 895-0390
FEB 2 1 2003
CITY OF MERIDIAN
CITY CLFRK OFFICE
TO: Mayor, City Council & Meridian Planning & Zoning Commission
FROM: Joseph Silva, Deputy Chief; Fire Prevention
SUBJECT: Valley Baptist Church AZ 03-001
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be
provided to service the entire project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants are required before combustible construction begins.
UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fue protegion will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
submitted thru the Public Works Department.
5. All radii for imernal & external roads shall be 28' inside and 48' outside radius.
6. A 20' wide fire lane shall be provided around the proposed building.
7. The proposed project will have an unknown transient population and will have an
unknown impact Meridian Fire Department requests for service. According to a
report completed by Fjre & Emergency Services Consulting Group in February of
2000 our requests for service are projected to reach 2800 in the year 2005 and 3800
by the year 2010, this is up from 2069 responses in the year 2000.
8 The project will subject to a building plan review and will have to meet the
requirements of the Fire Code in effect at the time of the plan submittal.
a
E ~~~y
"~~" Ada County Highway District
318
Susan S. Eastlake, 1st Vice President Darden c:iry w sans-riaaa
Dave Bivens, 2nd Vice President Phone (208) 387.6100
David E. Wynkoop, Commissioner FAX (208) 387-6391
John S. Franden, Commissioner E-mail: tellus~ACHD.ada.id.us
January 28, 2003
To: Central Valley Baptist Church
2150 W. Cherry Lane
Meridian, Idaho 83642
RECEIVED
JAN 3 1 2003
City of Meridian
City Clerk Office
Subject: MAZ03-001
Rezone
North Ten Mile Road between Franklin Road and Pine Avenue
On January 28, 2003, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at 208-387-6171
Sincerely,
Cx.~
D elopment Anal~~
Right-of-way & Development Services
Planning Division
CC: Planning & Development Chron/project file
City of Meridian
Construction Services
Drainage
Utilities
Olson & Associates 14 12th Avenue South, Suite 210 Nampa, Idaho 86351
~~~ Ada County Highway District
Right-of-Way & Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level as of January 28,
2003. Tech Review for this item was held with the applicant on January 24, 2003. Please refer to the
Attachment for appeal guidelines. Staff contact: Joyce Newton, 208-387-6171, jnewtonC~3achd.ada.id.us
File Number(s): MAZ03-001/Rezone
Site address: North Ten Mile Road, between Franklin Road and Pine Avenue
Owner/ Applicant: Central Valley Baptist Church
2150 W. Cherry Lane
Meridian, Idaho 83642
Representative: Olson & Associates
1412`" Avenue South, Suite 210
Nampa, Idaho 86351
Application Information
The Ada County Highway District (ACRD) staff has received the above referenced application requesting
annexation and rezone approval. The site is located on the east side of North Ten Mile Road, adjacent to
the Union Pacific Railroad, south of Pine Avenue.
Acreage: 10.0
Current Zoning: RUT (Rural Urban Transition)
Proposed Zoning: L-O (Limited Office)
Existing Use: Vacant
Proposed Use: Not available
Vicinity Map
huzoaoo+
Central Valloy 6aptlst Church
Ten Mile Road
A. Findings of Fact
Trip Generation:
This development is estimated to generate 960 additional vehicle trips per day (0 existing) based on
the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees:
There are no impact fees for a rezone application. The impact fee will be calculated at the time a
development application or the issuance of a building permit is received by the District.
3. Traffic Impact Study:
A traffic impact study was not required with the rezone application. A Transportation Impact Study
(TIS) may be required at the discretion of the Ada County Highway Districts Transportation
Department's Traffic Engineer when ACHD receives a development application.
4. Site Information:
The site is currently undeveloped.
5. Description of Adjacent Surrounding Area:
a. North: Single Family ResidentiaVUndeveloped
b. South: Single Family Residential/CommercialNndeveloped
c. East: Undeveloped/Agricultural/Single Family Residential
d. West: Undeveloped/Agricultural/Single Family Residential
6. Impacted Roadway
Ten Mile Road:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
Approximately 310-feet
Minor Arterial
North of Franklin Road was 9,454 on 4/3/02
South of Cherry Lane was 9,180 on 4/23/02
Better than "C"
35-mph
Between Franklin Road and Pine Avenue
7. Roadway Improvements Adjacent To and Neer the Site
Ten Mile Road is a 2-lane roadway with no curb, gutter or sidewalk abutting the site. There is
sidewalk to the south abutting the storage units and to the north abutting the single-family residential
subdivisions.
8. Existing Right-of-Way
Ten Mile Road has 50-feet of existing right-of-way (25-feet from centerline).
9. Existing Access to the Site
There is no delineated access to the site.
10. Site History
District staff has not reviewed this site as an application or prepared a-report in the past year.
2
11. Five Vear Work Program
This location is programmed into the District's current Capital Improvement Program (2003) and the
Five Year Work Program (FY 0408) for reconstruction.
Ten Mile Road, Franklin Road to Pine Avenue; reconstruct and widen %-mile to 5-lanes. Professional
services 2007, right-of-way acquistion 2007/2008, construction 2009.
12. Other Development in Area/Miscellaneous
Berkeley Square (MCUP01-00040; preliminary approval on 1/9/02, requested annexation, rezone,
conditional use and preliminary plat approval fora 35-lot residential townhouse subdivision on 4.83-
- acres. The 4.83-acre site is located on the west side of North Ten Mile Road approximately 1f3 of a
mile north of Pine Avenue.
Site Specific Requirements of Serkelev Square included: Dedicate 48-feet of right-of-way from the
centerline of Ten Mile Road.
Construct a 5-foot wide detached concrete sidewalk on North Ten Mile Road located 2-feet within the
new right-of-way.
B. Findings for Consideration
Right-of-Way
District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way
allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks
and bike lanes.
Ten Mile Road, Franklin Road to Pine Avenue; reconstruct and widen %-mile to 5-lanes. Professional
services 2007, right-of-way acquisNon 2007/2008 (right-of-way 96-feet), construction 2009.
Bases on the District's current Five Year Work Program, 48-feet ofright-of-way should be required
when this parcel develops.
2. Sidewalk
District policy requires 5-foot wide (minimum) concrete sidewalk on all collector roadways and arterial
roadways (7204.6.5).
Typically the District requires a road trust deposit for the construction of the sidewalk on roadways
that are in the Districts current Five Year Work Program.
District policy 7203.6 requires the applicant of a proposed development to make improvements to
existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused
driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement
repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace
deteriorated facilities.
3
3. Public Rights-of-way Trust Fund
District policy 7203.8, if the District determines that it is necessary or desirable to defer making some
or all of the improvements, the Developer shall contribute the estimated value of the improvements
to the Public Rights-of-way Trust Fund.
In lieu of constructing the improvements, the applicant should be required to provide a $6,200.00
deposit to the Public Rights-of--Way Trust Fund for the cost of constructing 5-foot wide detached
concrete sidewalk for approximately 310-feet abutting the parcel on Ten Mile Road. ($20.00 per L.F.)
OR
Construct a 5-foot wide detached concrete sidewalk on Ten Mile Aoad located on the applicants site
outside of the new right-of-way line. Coordinate the location and elevation of the sidewalk with
District staff. The applicant should be required to provide an easement for sidewalk that is located
outside of the right-of--way. The District will require a license agreement for the landscape strip with
the detached sidewalk. An agreement must be approved prior to the issuance of a building permit (or
any other required permits). Please contact the Right-of--Way Division at 387-3271 for guidelines.
4. Driveways
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
35 to align or offset a minimum of 150-feet from any existing or proposed driveway.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type
facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for
driveways accessing collector and arterial roadways.
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207.9.1, 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 with 15-foot radii abutting the existing roadway edge.
5. Roadway offsets
District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an
arterial roadway (measured centerline to centerline).
C. Site Specific Conditions of Approval
if the rezone is approved and the District receives a development proposal, the District intends to
provide site-specific requirements that apply upon District review of future development. The Findings
for Consideration cover a portion of the District policies that will pertain to any development proposal
for this site.
2. Comply with all Standard Conditions of Approval.
4
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. 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.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact Construction Services at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance.
9. 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 (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
5
E. Conclusions of Law
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 and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
6
Request for Reconsideration
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the 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 mod'rfications 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 thinly (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.
Appeal Guidelines
7
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RErT~D
PUBLIC HEARING
SIGN-UP SHEET
DATE
March 6, 2003
MAR - 6 2003
CITY OF b1~tUu-.yiY
PROJECT NUMBER
AZ 03-001
PROJECT NAME Central Valley Baptist Church
NAME FOR AGAINST
i-