HomeMy WebLinkAboutACHD Commentsy~~~~k
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February 22, 2008
TO: BRS Architects -Billy Ray Strite
Boise Food Service
101.0 Allante St, Ste. #100
Boise, ID 83709
SUBJECT: MCUP-08-002
Sonic
1870 S_ Meridian Rd.
Carol A. McKee, President
Sherry R. Huber, 1st Vice President
Dave Givens, 2nd Vice President
John S. Franden, Commissioner
Rebecca W. Arnold, Commissioner
j~ECEIVE~j
MAR-1 12008
CITY OF MERIDIAN
CIT~(CLERK OFFICE
On July 9, 2003, the Ada County Highway District Commissioners acted on MPP03-016 for Southern
Springs Subdivision. The conditions and requirements also apply to MCUP-08-002.
• Prior to final approval you will need to submit construction plans to the ACHD
Development Review Department to insure compliance with the conditions identified above
or for traffic impact fee assessment. This is a separate review process that requires direct
plans submittal to the Development Review staff at the Highway District.
• A traffic impact fee will be assessed by ACRD and will be due prior to the issuance of a
building permit. Contact ACRD Planning 8~ Development Services at 387-6170 for
information regarding impact fees.
If you have any questions or concerns please feel free to contact this office at (208) 387-6177.
Sincerely,
C ~:G12~!~~''%~~
Chelsee Kucera
Right-of-Way and Development Services
CC:
Project File
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACRD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisions
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply and any modifications to the
decision being appealed will be provided to the appellant prior'to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
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.
^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.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit a set 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
Development Services 8~ 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 8~ 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 ACHD Construction -Subdivision to be reviewed and approved by the ACRD 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.
...n~ ~'~Ir>s~a.
Ada County Highway District
Right-of-Way & Development Department
Planning Review Division
This application requires Commission action because of the number of trips generated by the proposed
development site, and is scheduled to be on the consent agenda on Wednesday, July 9, 2003 at 6:30 pm.
Tech Review for this item was held wifh the applicant on Friday, June 27, 2003. Please refer to the
Attachment for appeal guidelines. Staff contact: Joyce Newton, 208-387-6171 phone, 208-387-6393 fax,
jnewton@achd. ada. id. us
File Numbers: MPP03-016/Southern Springs Subdivision
Site address: Southeast corner of Overland Road and Meridian Road
Owner: Roger Michener and Lawrence Ross
1412 W. Idaho Street, Suite 110
Boise, Idaho 83702
Applicant/ Representative: The Land Group Inc
Mike Liimakka and David Koga
128 S. Eagle Road
Eagle, Idaho 83616
Application Information.:
The Ada County Highway District (ACHD) staff has received the above referenced application from the City
of Meridian requesting preliminary plat approval to construct a commercial subdivision. The site is located
on the southeast corner of Overland Road and Meridian Road.
Acreage:
Current Zoning:
Buildable Lots:
Common Lots:
Minimum square footage of structures:
Proposed Uses:
Vicinity Map
10.97
C-G (General Retail and Service Commercial District)
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0
3, 000
Restaurants, Banks, and Misc. Commercial/Specialty Retail
A. Findings of Fact
1. Trip Generation:
This development is estimated to generate 798 additional vehicle trips per day (0 existing) based on
the Institute of Transportation Engineers Trip Generation Manual. (Office Park)
2. Impact Fees:
There will be an impact fee that is assessed and due prior to issuance of a building permit. The
assessed impact fee will be based on the impact fee ordinance that is in effect at that time.
3. Traffic Impact Study:
This proposed development is estimated to generate less than 1,000-trips per day therefore a traffic
impact study was not required with this application.
4. Site Information:
The site is currently undeveloped.
5. Description of Adjacent Surrounding Area.:
a. North: Commercial
b. South: Residential/Commercial
c. East: Residential
d. West: Commercial/Residential
6. Impacted Roadways
Overland Road
Frontage:
Functional Street Classification
Traffic count:
Level of Service:
Speed limit:
Calderwood Drive
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Meridian Road:
Approximately 142-feet
Minor Arterial
West of Locust Grove Road was 11,065 on 6/5/02
Better than "C"
35-mph
No frontage
Collector
East of Meridian Road was 800 on 10/29/02
Better than "C"
35-mph
Frontage: Approximately 1,275-feet
Functional Street Classification: Principal Arterial
Traffic count: South of I-84 was 31,712 on 5/16/00
South of Overland Road was 21,966 on 10/22/02
Speed limit: 35-mph
State Highway 69 /Meridian Road is under the jurisdiction of Idaho Transportation Department (ITD).
7. Roadway Improvements Adjacent To and Near the Site
Overland Road is a minor arterial roadway with 2-travel lanes including a left turn at the intersection.
There are no roadway improvements such as curb, gutter or sidewalk abutting the site.
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Meridian Road is a principal arterial roadway with 4-travel lanes (dedicated left turn lane at the
intersection) with a center turn lane extending south of the intersection. There are no roadway
improvements such as curb, gutter or sidewalk abutting the site.
8. .Existing Right-of-Way
Overland Road has approximately 94-feet of existing right-of-way (45-feet on the south side of the
centerline).
Meridian Road has approximately 104-feet at the intersection tapering south to 126-feet of existing
right-of-way (54-feet at the intersection tapering to 60-feet at the southern property line from the east
side of the centerline: approximately 50-feet at the intersection tapering to 66-feet at the southern
property line from the west side of the centerline).
9. Existing Access to the Site
The site does not have any delineated access points to Overland Road or Meridian Road. There are
two agricultural accesses located on Meridian Road; one is located approximately in the middle of the
site and one is adjacent to the southern property line.
10. Capital Improvements Plan/Five Year Work Program
The Overland Road/Meridian Road intersection is programmed in the District's current Capital
Improvements Plan and Five Year Work Program for reconstruction and roadway improvements.
FYWP-04-08: Overland Road and Meridian Road intersection reconstruction: widen and improve the
intersection. Schedule and work will be coordinated with ITD. Project will required a study to look at
the intersection and different alignments. Professional services 2005, right-of-way acquisition 2006,
construction 2007.
CIP2003: Overland Road and Meridian Road intersection: reconstruct intersection with ITD,
anticipated construction 2007.
Design for the intersection has not been finalized at the time of this staff report. A preliminary design
for the intersection includes fwo dedicated left turn lanes onto Meridian Road. a deceleration lane on
Meridian_Road, and one dedicated right-turn lane onto Overland Road from Meridian Road.
B. Findings for Consideration
Right-of-Way
Overland Road
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.
The intersection of Overland Road and Meridian Road is listed as a proposed project in the District's
currently adopted Five-Year Work Program and in the currently adopted 20-year Capital
Improvements Plan. The right-of--way for the Overland Road/Meridian Road intersection project on
the Overland Road leg has not been acquired. If the right-of-way hasn't been acquired the applicant
should be compensated for the additional right-of-way required for the intersection project. As such,
the applicant may receive reimbursement for dedicated right-of--way from available collected impacf
fees or enter into an impact fee offset agreement.
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The preliminary right-of-way necessary for Overland Road is estimated at 52-feet from centerline
abutting the site. The applicant should work with ACHD Traffic staff and Development staff for the
dedication of additional right-of--way needed for fhe turn lanes and necessary signal control boxes
and poles.
Meridian Road
Meridian Road (State Highway 69) is under the jurisdiction of Idaho Transportation Department (ITD).
The applicant should coordinate the right-of-way requirements and fhe proposed deceleration lane
with / TD.
2. Sidewalk
District policy requires 5-foot wide (minimum) concrete sidewalk on all collector roadways and arterial
roadways (7204.6.5).
In accordance with District policy the applicant should be required to construct sidewalk abutting the
frontage of Overland Road. However, this segment of Overland Road will be reconstructed within the
next five years. Due to fhe preliminary nature of the design, the applicant should road trust for the
sidewalk in lieu of construction so that it may be constructed in its ultimate location with the project.
The applicant is proposing to construct anorth-south pathway along the east property line, and
should work with ACHD Traffic staff and Development staff for the placement and 'tie-in for the
proposed pathway to the future sidewalk abutting the site.
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.
The applicant should construct a pedestrian ramp onto Overland Road to reduce the conflict with
pedestrian/vehicular traffic. The pedestrian ramp should be constructed in compliance with ADA
standards. Coordinate the construction and location with District staff. The pedestrian ramp should be
constructed in compliance with ADA standards. Coordinate the construction and location with District
staff. However, this segment of Overland Road will be reconstructed within the next five years. Due
to the preliminary nature of the design, the applicant should road trust for the pedestrian ramp in lieu
of construction so that it may be constructed in its ultimate location with the project.
3. Public Rights-of-Way Trust Fund
District policy 7203.8 states, if the District determines that is necessary or desirable to defer making
some or all of the improvements described, the developer shall contribute the estimated value of the
improvements to the Public Rights-of-Way Trust Fund.
In lieu of constructing the sidewalk on Overland Road, the applicant should be required to provide a
$2, 840.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing 5-foot wide
concrete sidewalk for approximately 142-feet abutting the frontage on Overland Road. ($20.00 per
L.F.)
In lieu of constructing the pedestrian ramp on Overland Road, the applicant should be required to
provide a $350.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing the
pedestrian ramp.
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4. Driveways/Collectors and Arterials/Signalized
District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection
to be located a minimum of 440-feet feet from the signalized intersection for afull-access driveway
and a minimum of 220-feet from the signalized intersection for aright-in/right-out only driveway.
The applicant is not proposing to construct any access points on Overland Road,' Therefore none
should be approved with this application.
The applicant is proposing to construct two access points onto Meridian Road (State Highway 69).
- Proposed driveway #1 is to be located approximately 495-feet south of the near edge of the
intersection of Overland Road.
- Proposed driveway # 2 is to be located approximately 620-feet south of driveway # 1
(measured from near edge to near edge).
Meridian Road (State Highway 69) is under the jurisdiction of Idaho Transportation Department (ITD).
Application materials should be submitted to ITD for review and requirements of that Department and
the applicant should submit to the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or other required permits),
whichever occurs first. The applicant may contact District 111 Traffic Engineer at 334-8341.
A Transportation Impact Study (TIS) may be required at the discretion of the Idaho Transportation
Department's Traffic Engineer if the proposed development meets criteria presented in ITD's
Requirements for Transportation Impact Study, April 1995. A TIS is not required if the development
generates less than 25 new peak hour trips on a state highway and the total added volume will be
less than 250 vehicles per day. A "full TIS is required whenever a proposed development will
generate 100 or more new peak hour trips; or when the total volume expected to be added to the
state highway system by the development equals or exceeds 1000 vehicles per day. A "minor TIS is
required for developments that will generate between 25 and 99 new peak hour trips or will add from
250 to 999 vehicles per day For further information on the TIS, contact the District Permit Officer at
334-8341.
The applicant is proposing to provide access to the adjoining parcel (parcel # 1) to the south through
a parking lot connection located at the southern property line, approximately 240-feet east of Meridian
Road:
- The adjoining parcel# 1 is 1.80-acres, zoned RUT (Rural Urban Transition); Parcel # 1 has an
existing single-family dwelling with a residential driveway located approximately 45-feet south
of the southern property line of the proposed development site. This parcel has approximately
150-feet of frontage on Meridian Road and approximately 541-feet of frontage on East
Calderwood Drive.
- District staff is supportive of the parking lot connection to the parcel to the south.
- Adjoining parcel #2 is 0.36-acres, zoned R-4 (Single-Family Residential) a platted lot in Elk
Run Subdivision: parcel #2 has as existing single-family dwelling with a residential driveway
located on East Calderwood Drive approximately 571-feet east of the near edge of pavement
of Meridian Road. .
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Successive 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.
Driveway Construction
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 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.
5. Center Turn Lanes and Tapers
District policy 7204.8 states, if traffic volumes from a proposed development warrant turn lanes into or
out of the site, the applicant may be required to dedicate additional right-of-way to accommodate the
improvements. The applicant will not be compensated by ACRD for the dedication of additional right-
of-way and pavement widening.
District policy 3004.1, 72-F8, AASHTO guidelines and the MUTCD guidelines require the turn lane to
be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach
and departure directions. Coordinate the design of the turn lane with District staff.
District policy 3004.1 and AASHTO Guidelines require tapers to be constructed on a varying basis
contingent upon the posted speed limit. Coordinate the design of the taper with District staff.
As indicated on the site plan the applicant is proposing to construct a deceleration lane on Meridian
Road with the project. The applicant should contact the Idaho Transportation Department (ITD) for
the scope of work for the Overland Road/Meridian Road intersection project.
The applicant should coordinate with ACRD Traffic staff and Development Services staff for the
scope of work for the Overland Road/Meridian Road intersection project. The applicant should be
required to meet all AASHTO and MUTCD guidelines.
C. Special notification to the Applicant anal the City of Meridian
The applicant is proposing to locate a pedestrian pathway abutting the proposed development skirting
Ten Mile Creek. The pathway easement begins at Overland Road abutting the eastern boundary line
extending to the south boundary line. Staff is supportive of the proposed pathway and the location to
provide for pedestrian access and neighborhood connectivity.
The applicant should work with ACHD Traffic staff and Development staff for the placement and tie-in
for the proposed pathway to the sidewalk extending to the intersection of Overland Road and
Meridian Road.
6
D. Site Specific Conditions of Approval
1. Dedicate 52-feet of right-of-way (estimated) from the centerline of Overland Road abutting the parcel
by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD
Commission or 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. The owner will be paid the fair market value of the right-of-way dedicated which is an
addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #197), if funds are available.
Preliminary right-of--way estimation for Overland Road is approximately 52-feet from centerline
abutting the site. The applicant shall work with ACHD Traffic staff and Development staff for the
dedication of additional right-of-way.
2. Meridian Road (State Highway 69) is under the jurisdiction of Idaho Transportation Department (ITD).
Application materials shall be submitted to ITD for review and requirements of that Department and
the applicant shall submit to the District a letter from ITD regarding said requirements prior to District
approval of the final plat or issuance of a building permit (or other required permits), whichever occurs
first. The applicant may contact District III Traffic Engineer at 334-8341.
As indicated on the site plan the applicant is proposing to construct a deceleration lane on Meridian
Road with the project. The applicant shall contact the Idaho Transportation Department (ITD) for the
scope of work for the Overland Road/Meridian Road intersection project. The applicant shall work
with the Idaho Transportation Department (ITD) for the dedication of additional right-of-way and the
location of the deceleration lane on Meridian Road.
3. Provide a $2,840.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing 5-foot
wide concrete sidewalk for approximately 142-feet abutting the frontage on Overland Road. ($20.00
per L.F.)
The applicant shall work with ACHD Traffic staff and Development staff for the placement and tie-in
proposal for the proposed pathway to the sidewalk abutting the site and extending to the intersection
of Overland Road and Meridian Road.
4. In lieu of constructing the pedestrian ramp on Overland Road, the applicant shall be required to
provide a $350.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing the
pedestrian ramp.
5. No access to Overland Road was proposed. Therefore, no access to Overland Road shall be
approved with this application. Lot access restrictions, as required with this application, shall be
stated on the final plat.
6. Provide a recorded cross access easement for the lots within the subdivision, and to the south, to
utilize the common access point(s) on Meridian Road to use for access to the public streets.
7. Comply with all Standard Conditions of Approval.
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E. 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 the District's Utility Coordinator at 387-6258 (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 ACHD 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.
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F. ConcFusions 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
~7
Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action previously
requested to be reconsidered., an action whose provisions have been partly and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for reconsideration,
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain tune.
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 ACRD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
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