HomeMy WebLinkAboutACHD Commentsg~~ , ~~.
CHD
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January 9, 2088
Carol A. McKee, President
Sherry R. Huber, 1st Vice President
Dave Bivens, 2nd Vice President
John S. Franden, Commissioner
Rebecca W. Arnold, Commissioner
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To: ; Primeland Investment Group, LLC }
3120 W. Belltower Drive, Suite 100 {Fd ~k ~ ~ ~~~~
Meridian, Idaho 83646 _~.,, ~ E a ~ ~ .
Subject: ,Bridgetower Crossing Subdivision idff-'t6• ~~~ ~~~ "`''~ I ~' ~• ` c ~'•~ r~ ~- ~-~ ~-, F.
:;Ten Mile Road south of McMillan Road
On 9 January 2008, the Ada County Highway District Planning Review staff acted on MPP-07-
026 and MRZ~;07-022 for Bridgetower Crossing Subdivision No. 16. 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) 387-6187.
Sincerely,
/~~a~~~
Matt Edmond
Planner II
Right-of-Way & Development Services
Ada County Highway District
CC: Project file
City of Meridian, Bill Parsons (Sent Via E-mail)
Quadrant Consulting, Chuck Christensen (Sent Via E-maid
i
Ada County Highway District • 3775 Adams Street • Garden Ciry, ID • 83714 • PH 208-387-6100 • FX 345-7650 •
www.achd.ada.id.us
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Right-of-l~'ay & Development Services Departynent
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'''~ CHD ~
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Projectlf=ile: ~ Bridgetower Crossing Subdivision No. 16 (MPP-07-026, MRZ-07-022)
i This application is for preliminary plat and rezone of 9 lots on 13.25 acres for
development as a commercial district in the Bridgetower Crossing development.
i
Lead Agency: ~ Meridian City
Site address.: , SE corner of McMillan and Ten Mile Roads
Staff Approval: January 9, 2008
Applicant: Primeland Investment Group, LLC
~' 3120 W. Belltower Drive, Suite 10D
Meridian, Idaho 83646
Representative: ;Quadrant Consulting, LLC
~ 1'904 W. Overland Road
;Boise, Idaho 83705
Staff Contact: Matt Edmond
Phone: 387-6187
E-mail: medmondCa~achd.ada.id.us
Application Information:
Acreage: ,,13.25 acres
Current Zoning: C-G, R-4
Proposed Zoning: C-N (7.37 acres)., L-O (5.88 acres)
A. Findings of Fact
Existing Conditions
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1. Site Information: The site currently consists of partially developed commercial portions of the
Bridgetower N;o. 2 & 7 subdivisions.
2. Description of Adiacent Surrounding Area:
Direction Land Use Zoning
North Vacant lot C-G
South Da care/Pre-school R-4
East Single-family residential, o ens ace common lots R-4
West Vacant land, single-family residential C-G, R-2
3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site
• Ten Mile Road is a 2-lane minor arterial roadway improved with approximately 22-feet of
pavement and no curb or gutter inside 65-feet of right-of-way (40-feet from centerline) abutting
the site. Detached concrete sidewalk abuts the site along Ten Mile Road.
• Quintale is a completed 36-foot street section with vertical curb, gutter, and 5-foot detached
sidewalk iriside 50-feet of right-of-way.
1 Bridgetower Crossing Subdivision No. 16
• Belltower~Drive is a 2-lane collector roadway improved with 21-foot divided drive aisles, vertical
curb, gutter, and 5-foot attached concrete sidewalks on both sides inside between 50 and 100-
feet of right-of-way.
• A private drive aisle extends along the site's east property line from Quintale Drive to Belltower
Drive. It is currently improved with 23-feet of pavement and vertical curb, gutter, and 5-foot
attached sidewalk along its east side. The east property line runs between the curb and
sidewalk,: ,such that the sidewalk lies on common lots belonging to Bridgetower Crossing
Subdivisions 2, 5, and 7.
4. Existing Access: The site currently has no access onto Ten Mile Road and one access point each
on Quintale and Belltower Drives.
5. Site History:; jThe District has previously reviewed Bridgetower Subdivisions No. 2 & 7 for this site.
6. Adjacent Development: Bridgetower Crossing subdivisions are in various stages of completion to
the north, south, and east. Volterra South (205 residential lots, 13 commercial lots, and 4 office lots)
is currently under development to the west across Ten Mile Road.
Development Impacts
7. Trip Generation: This development is estimated to generate approximately 1,270 vehicle trips per
day at build out assuming a 20% floor area ratio (115,500sf) and general office building use,
Institute of Transportation Engineers trip generation code 710 (11.01 VTD/1000sf).
8. Impact Fees:i 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.
9. Traffic Impact Study: A traffic impact study was not required with this application.
10. Impacted Roadways:
Roadway Frontage Functional Traffic Count Level of Speed
Classification Service* Limit
Ten Mile
1240'
Minor Arterial 4,982 south of Better
50 MPH
McMillan 4/5/2005 than "C°
McMillan Road
none
Minor Arterial 5,274 west of Better
50 MPH
Linder 7/19/2006 than °C"
Quintale Drive 350' Local No data N/A 25 MPH
Coppercloud ~ 350' Collector No data No data 25 MPH
"Acceptable level of service for 2-lane minor arterial roadways is "D'' (14,000 VTD).
11. Capital Improvements Plan (CIP)/Five Year Work Plan (5YWP)
Ten Mile Road is currently scheduled in the CIP to be widened to 5 lanes between Ustick and
McMillan in 6 to 10 years; McMillan Road is currently scheduled in the CIP to be widened to 3 lanes
between Ten Mile and Linder in 11 to 20 years; and the intersection of McMillan and Ten Mile is
scheduled to be widened (4 lanes on east-west legs, 6 lanes on north-south legs) and signalized in
6 to 10 years.
B. Findings for Consideration
1. Ten Mile Road
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.
2 Bridgetower Crossing Subdivision No. 16
Access & Offsets: District policy 7207.8 states that direct access to arterials and collectors is
normally restricted. The developer shall try to use combined access points. If the developer
can show-that the use of a combined access point to a collector or arterial street is impractical,
the District may consider direct access points. Access points for proposed developments at
intersections should be located as far from the intersection as practical, and in no case closer
than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by.
the District Commission.
Applicant Proposal: The applicant has proposed to take one additional access point to Ten
Mile Road on Capri Street, approximately 840-feet north of Belltower Drive (measured near
edge to near edge) and 350-feet south of Quintale Drive (measured near edge to near edge).
Additionally, the applicant has proposed that Capri Street align with Parma Drive on the west
side of Ten Mile Road.
Staff Recommendation: The applicant has dedicated sufficient right-of-way and sidewalk
easements along Ten Mile Road in previous applications. The applicant's proposal meets
District standards and should be approved with this application.
2. Belltower Drive
Applicant Proposal: The applicant has proposed no changes to the current condition of or
access to~ Belltower Drive. It is fully improved with one defined access point to the site.
Staff Recommendations.: The applicant's proposal meet's District policy and should be
approved with this application.
3. Quintale Drive
Driveways: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on
commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a
minimum of 50-feet (measured near edge to near edge). 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. District policy
7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a
maximurn~ width of 36-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.
Applicant' Proposal: The applicant has proposed to take one additional access point to
Quintale Drive, a 30-foot driveway with curb returns approximately 160-feet east of Ten Mile
Road (measured near edge to near edge).
Staff Recommendation: The applicant's proposal meets district policy and should be approved
with this application
4. Capri Street
Right-of-Way: District policy requires 54-feet of right-of-way on industrial/commercial roadways
(Figure 72-F1 B). This right-of-way allows for the construction of a 3-lane roadway with curb,
gutter and:!5-foot wide concrete sidewalks.
Driveways: District .policy 72-F4 (1) and 72-F4 (2), requires driveways located on
commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a
minimum of 50-feet (measured near edge to near edge). 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. District policy
7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a
Bridgetower Crossing Subdivision No. 16
maximum width of 36-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.
Applicant Proposal: The applicant has proposed to construct Capri Street as a partially divided
commercial street section with 21-foot drive aisles (measured back-of-curb to back-of-curb)
where divided, or a 36-foot section (measured back-of-curb to back-of-curb) where not divided,
with vertical curb, gutter, and 5-foot detached concrete sidewalks along both sides. The
applicant has proposed to take access to Capri Street via two 30-foot driveways with curb
returns, aligning with each other approximately 160-feet east of Ten Mile Road (measured near-
edge to near-edge).
Staff Recommendation: The applicant's proposal meets District standards and should be
approved with this application.
5. Alba Avenue
Right-of-Way: District policy requires 54-feet of right-of-way on industrial/commercial roadways
(Figure 72-F1 B). This right-of-way allows for the construction of a 3-.lane roadway with curb,
gutter and~5-foot wide concrete sidewalks. District policy 7204.4.1 states that right-of-way widths
for all streets and highways shall not be less than 50-feet wide except in unusual cases, and
that aright-of-way width less than 40-feet will not be permitted.
Private Roads: In accordance with ACRD "Interim Procedure for Acceptance of Private Roads
into the Public System" dated March 16, 2005, existing private streets must meet current District
standards'to be accepted as public right-of-way. The burden of proof and all related costs shall
be the responsibility of the applicant.
Driveways: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on
commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a
minimum of 50-feet (measured near edge to near edge). 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. District policy
7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a
maximum; width of 36-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.
Applicant~Proposal: The applicant has proposed to construct Alba Avenue by completing the
existing private drive on site to a 25-foot street section (measured back-of-curb to back-of-curb)
with vertical curb and gutter inside 27-feet of right-of--way. Additionally, the applicant has
proposed two additional access points onto Alba Avenue, each a 30-foot driveway with curb
returns.
Staff Recommendation: District staff recommends a modification of policy to allow the
applicant to construct Alba Avenue as proposed. Although this does not comply with District
policies currently in force regarding street sections and right-of--way, it does comply with
proposed changes to District policy. In addition to dedicating 27-feet of right-of-way, from the
back-of--curb abutting the east property line to 2-feet past back-of--curb on the west side of the
street, the~:applicant should provide a public sidewalk easement over the existing sidewalk on
the east side of the street. This easement will in fact be located on common lots of Bridgetower
Crossing Subdivisions 2, 5, and 7. Due to the reduced street section, the applicant should also
install no parking signs along both sides of Alba Avenue. The applicant should align the north
driveway onto Alba Avenue with the existing driveway on the east side of the road,
approximately 190-feet south of Quintale Drive (measured near-edge to near-edge). The south
driveway meets District policy and should be approved with this application.
4 Bridgetower Crossing Subdivision No. 16
6. ®ther Access
Ten Mile Road is classified as a minor arterial and Belltower Drive is classified as a collector
roadway. Other than access specifically addressed in this application, direct lot access to these
roads is prohibited and should be noted on the final plat.
7. Tree Planters
Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in
planters less than 8-feet in width. The policy also requires Class I and Class III trees to provide
a minimum planter width of 10-feet.
C. Site Specific Conditions of Approval
1. Construct,;Capri Street as a partially divided commercial street with 21-foot drive aisles
(measured back-of-curb to back-of-curb) where divided and a 36-foot section (measured back-
of-curb to back-of-curb) where not divided. Construct vertical curb, gutter, and 5-foot detached
concrete sidewalk along its length. Align Capri Street with Parma Drive on the west side of Ten
Mile Road:
2. Dedicate a minimum of 54-feet of right-of-way along Capri Street, and as necessary to include
all street and sidewalk improvements, by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other required permits),
whichever~occurs first. Allow up to 30 business days to process the right-of-way dedication after
receipt of all requested material.
3. Complete Alba Avenue as a minimum 25-foot street section (measured back-of-curb to back-of-
curb) with vertical curb and gutter on both sides, and 5-foot attached concrete sidewalk on the
east side. In accordance with ACRD "Interim Procedure for Acceptance of Private Roads into
the Public System" dated March 16, 2005, provide documentation that the existing
improvements meet current District standards in order to be accepted as public right-of-way.
4. Dedicate 27-feet of right-of-way along Alba Avenue by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the right-of-
way dedication after receipt of all requested material.
5. Provide a public sidewalk easement covering the existing sidewalk along Alba Avenue. This
easement will be on common lots of the Bridgetower Crossing Subdivisions 2, 5, and 7.
6. Install signs along Alba Avenue prohibiting on-street parking.
7. Construct one driveway onto Quintale Drive as proposed, no wider than 36-feet, with minimum
15-foot curb return radii.
8. Construct two driveways onto Capri Street as proposed, aligning with each other, no wider than
36-feet, with minimum 15-foot curb return radii.
9. Construct two driveways onto Alba Avenue, no wider than 36-feet, with minimum 15-foot curb
return radii. The north driveway shall align with the existing driveway on the east side of Alba
Avenue, and the south driveway shall be sited as proposed.
10. Direct lot access to Ten Mile Road is prohibited and shall be noted on the final plat.
11. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
5 Bridgetower Crossing Subdivision No. 16
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
rig ht-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the constriction of the proposed development. Contact Construction Services at 387-6280
(with file number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. 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.
7. 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.
8. 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.
9. Construction, use and property development shall be in conformance with all applicable
requireme4nts of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees is required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD 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
Operation's 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
12. 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.
13. 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 awaiver/variance of said requirements or other legal relief is granted pursuant
to the law `n effect at the time the change in use is sought.
E. 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.
Attachments
1. Vicinity Map i
6 Bridgetower Crossing Subdivision No. 16
2. Site Plan
3. Utility Coordinating Council
4. Development' (Process Checklist
5. Request for Reconsideration Guidelines
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8 Bridgetower Crossing Subdivision No. 16
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9 Bridgetower Crossing Subdivision No. 16
Ada County ~9tility Coordanat~ng Counsel
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 owriers and the Ada County Utility Coordinating Council (UCC). Notification shall include
but not be~imited to, project limits, scope of roadway improvements/project, anticipated
construction dates, and any portions critical to the right of way improvements and coordination
of utilities:,
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the
utility owners. Conference notification shall also be sent to the UCC. During the review meeting
the developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions, to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for a-mail notification information.
10 Bridgetower Crossing Subdivision No. 16
'k
Development Process Checklist
Submit a development application to a City or to the County
The City or the County will transmit the development application to ACRD
The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time
^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or
part of a previous development application and that the site specific requirements from the previous development
also apply to this development application.
F
^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.
k'•
~1Nrite a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
r
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development
Review Division 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 calculation.)
• 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 (Zone) ~`
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Developmen4~Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACRD 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 8~ 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-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified
Plan Designer, must be turned into ACRD Construction -Subdivision to be reviewed and approved by the ACHD
Drainage Division.
^ 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
ACHD Construction -'Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
11 Bridgetower Crossing Subdivision No. 16
Request for° Appeal of Staff ®ecision
;,
1. Appeal of Staff ®ecision: 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.
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a.~l 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.
I
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
j 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 retied upon and shall include a written
argument in support of the appeal. The Commission shall not consider a notice
of appeal that does not comply with the provisions of this subsection.
c. ,Time to Reply: The ROWDS Manager shall have ten (10) working days from the
date of the filing of the notice of appeal to reply to the notice of the appeal, and
;may during such time meet with the appellant to discuss the matter, and may
also consider and/or modify the decision that is being appealed.. A copy of the
reply and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
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d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant
~~of the ROWDS Manager's reply to the notice of appeal. A copy of the decision
being appealed, the notice. of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing..
e. !Action by Commission: Following the hearing, the Commission shall either affirm
or reverse, in whole or part, or otherwise modify, amend or supplement the
tdecision being appealed, as such action is adequately supported by the law and
,'evidence presented at the hearing..
12 Bridgetower Crossing Subdivision No. 16