Loading...
HomeMy WebLinkAboutACHD Comments: ~~~~ '~ C D~ ~iom..w~`ed?'~o ~'r.zv~r,~ July 30, 2008 ~ 1 ~~. Carol A. McKee, President Dave Bivens, Yce President Sherry R. Huber, 2nd Vice Presider~t lohn S. Franden, Commissioner Re~ W. Amold, Commissioner ` ~a d'd . V _~-- _ ~_~ .~~,~ ~ ~ .~ ~ ~ ~~~~ JUL ~ ~ ~~~~ To: Primeland Investment Group, LLC '~ ~~; ~' ~~ r~ ~ r~ I J I/~ h~ 3120 W. Belltower Drive, STE 100 ~ I M~trr C I._ F~{< ~~'= I i` E Meridian, ID 83646 Subject: MCPA-08-003 3450 W. McMillan Road On July 30, 2008 the Ada County Highway District staff 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) 387-6178. Sincerely, ~~ Mindy Wallace Planning Review Supervisor Right-of-Way ~ Development Services Ada County Highway District CC: Project file, Utilities, City of Meridian Quadrant Consulting, Inc. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 2O8-387-6100 • FX 345-7650 • www.achd.ada.id.us :~~~~ ~ ~ ~ e~~~~m s~ Right-of-Way & Developrree~at Depc~tfrzent Planning Review Division Project/File: MCPA-08-003 This application is for a comprehensive plan amendment to change the /and use from medium density residential to mixed use community. Lead Agency: Site address: Staff Approval: City of Meridian 3450 W. McMillan Road July 30, 2008 Applicant: Primeland Investment Group 3120 W. Belltower Drive, STE 100 Meridian, ID 83646 Representative: Quadrant Consultants, Inc. 1904 W. Overland Road Boise, ID 83705 Staff Contact: Mindy Wallace Phone: 387-6178 E-mail: mwallaceCc~achd.ada.id.us Application Information: Acreage: Current Zoning: Proposed Zoning: Residential units: Condo Lots: Common Lots: 157.743 R-4/C-G Mixed Use Community 50-single family lots 50 1 A. Findinqs of Fact Existing Conditions Site Information: The site is currently vacant. MCPA-08-003 2. Description of Adiacent Surroundina Area: Direction Land Use Zonin North Medium Densit Residential R-4 South Medium Density Residential & General Retail R-4 & C-G East General Retail 8~ Limited Office C-G & L-O West Rural Urban Transition/ Medium Density Residential RUT & R-4 3. Existing Roadway Improvements Adjacent To and Near the Site • McMillan Road is currently improved with 2 traffic lanes, and no curb gutter or sidewalk abutting the site. • Ten Road is currently improved with 2 tra~c lanes, and no curb, gutter or sidewalk abutting the site. 4. Existing Right-of-Way • McMillan Road currently has 50-feet of right-of-way abutting the site (25-feet from centerline). • Ten Mile Road currently has 50-feet of right-of-way abutting the site (25 feet from centerline). 5. Existing Access: There is no defined access point on this property. 6. Site History: ACHD previously reviewed and approved this site as part of Volterra subdivision in 2005. Development Impacts 7. Trip Generation: Staff is unable to provide a trip generation estimate with the information provided with the application. However, the following information provides basic trip generation information based on land uses anticipated to be included in this development. • Single Family Residential (Unit) = 9.57 • Assisted Living (Bed) = 2.74 • General Office (1,000 sfl = 11.01 • Business Park (1,000 sfl = 12.76 8 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. 2 MCPA-08-003 9. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Senrice* Speed Limit McMillan 939' MinorArterial 2,372 west of Ten Better 50 MPH Road Mile on 7/19/06 than "C° Ten Mile Road 1738' Minor Arterial 3,192 south of Better 50 MPH Chinden on than 7/19/06 "C° *Acceptable level of service for a iwo-lane minor arterial roadway is "D~ (14,000 VTD). 10. Capital Improvements PIaNFive Year Work Program There are currently no roadways, bridges or intersections in the general vicinity of the project that are cuRently in the Five Year Work Program. The following improvements are scheduled in the District's Capital Improvement Plan (CIP): • The intersection of Ten Mile and McMillan Road is scheduled to be widened to 6-lanes on the north/south approaches and to 4-lanes on the east/west approaches, and signalized in 2014 to 2018. • Ten Mile Road is scheduled to be widened to 5-lanes between Ustick and McMillan in 2014 and 2018. • Ten Mile Road is scheduled to be widened to 5-lanes between McMillan and Chinden in 2014 and 2018. • McMillan Road is scheduled for corridor preservation for an eventual widening to 3-lanes between Black Cat and Ten Mile Road in 2019 and 2028. • McMillan Road is scheduled to be widened to 3-lanes between Ten Mile and Linder in 2019 and 2028. B. Findinqs for Consideration This application is for a comprehensive plan amendment, annexation, and rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a spec~c redevelopment application. 1. Traffic Impact Study Traffic Impact Study Policy: District policy 7106.1 states that the developer of a proposed large- scale development shall review the project with District staff before submitting a preliminary play application. The District will decide if a tra~c impact study will be required and set the parameters. A study will be required if the proposed development contains more than 100 dwelling units; more than 30,000 square feet of commercial use; or more than 50,000 square feet of industrial use. If a project has special circumstances associated with it, the District may require an impact study, even if the aforementioned criteria are not met. Staff Comment/Recommendation: The applicant should coordinate with District staff prior to submitting subsequent development applications, to determine if a traffic impaat study will be required. If a traffic impact study is required, the applicant should submit it as soon as possible, and may be required to construct additional roadway improvements based on the findings of the traffic impact study. 3 MCPA-08-003 2. McMillan Road Right-of-Way Policy: 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. Staff Comment/Recommendation: As a part of the North Meridian Traffic Plan, it was noted that a 3-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes within 70- feet of right-of-way would be adequate to accommodate the projected traffic volumes on McMillan Road. Due to the fact that the North Meridian Traffic Plan recommended a 70-foot right-of-way on McMillan Road and the Commission has supported the recommendations in the past, staff is recommending a total right-of-way width of 70-feet as opposed to 96-feet of right-of-way (48-feet from centerline). Therefore, Staff recommends that the applicant dedicate 35-feet of right-of-way on McMillan Road abutting the site and construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the roadway. 3. Ten Mile Road Right-of-Way Policy: 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. Staff Comment/Recommendation: Consistent with the projects planned in the District Capital Improvement Plan, the applicant will be required to dedicate 48-feet of right-of-way from the centerline line of Ten Mile Road abutting the site and construct a 5-foot detached concrete sidewalk a minimum of 41-feet from the centerline of the roadway. 4. Internal Streets Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with cur6, gutter and 5-foot wide concrete sidewalks. 36-foot Street Section Policy: District policy 7204.4.2 states, °developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32- feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. Commercial Street Section Policy: 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. Island Policy: District policy 7202.7 and 7207.5 require islands to be constructed a minimum of 4- feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway on either side of the traffic island should maintain a minimum of a 21-foot street section. District policy also requires any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 4 MCPA-08-003 Applicant Proposal (Internal streets): The applicant has proposed to construct intemal street within the development some with center landscape islands. It is unclear what type and width of roadway are required. The applicant has proposed to construct 4 traffic circles within the development. Staff Comment/Recommendation: The applicant's proposals for the intemal streets will be review with future development application to ensure compliance with District Street Section policies. If the applicant would like to construct center landscape islands they should provide a minimum 20-foot street section on either side of the islands. The applicant will be required to coordinate the design and location of the proposed traffic circles with District Traffic Services staff. 5. Roadway Offsets Roadway Offset Policy: 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). District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from another local roadway (measured centerline to centerline). Applicant Proposal: The applicant has proposed to construct two roadways to intersect McMillan Road and one Roadway to intersect Ten Mile Road. Staff Comment/Recommendation: Although the submitted site plan is not scaleable, it appears that the proposed roadway intersection locations with both McMillan and Ten Mile Roads are consistent with roadway locations previously approved with Volterra Subdivision in 2005. Staff will provide specific comments on the proposed roadway intersections once a scaleable site plan has received as part of a future development application. 6. Tree Planters Tree Planter Policy: The District's Tree Planter ~dth Interim 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. 7. Other Access Ten Mile Road and McMillan Road are classified as minor arterial roadways. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and should be noted on the final plat. C. Site Specific Conditions of Aaaroval This application is for a comprehensive plan amendment, annexation, and rezone only. Listed be/ow are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional ~ndings for consideration when it reviews a spec~c redevelopment application. Dedicate 35-feet of right-of-way from the centerline of McMillan Road abutting the site. Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of McMillan Road abutting the site. 5 MCPA-08-003 2. Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the site. Construct a 5-foot detached concrete sidewalk a minimum of 41-feet from the centerline of the Ten Mile Road abutting the site. 3. Construct center landscape islands on the internal roadway, as proposed. Provide 21-foot street sections on each side of the proposed center islands. 4. Construct 4 traffic circles on the intemal roadways, as proposed. Coordinate the design and location of the traffic circles with District Traffic Services staff. 5. Construct two roadways to intersect McMillan Road in locations consistent with those previously approved with Volterra Subdivison in 2005. 6. Construct one roadway to intersect Ten Mile Road in a Iocation consistent with that previously approved with Volterra Subdivision in 2005. 7. Other than the access specifically approved with this application, direct lot access is prohibited to Ten Mile Road and McMillan Road and shall be noted on the final plat. 8. 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. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 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. 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 ACHD 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 requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 6 MCPA-08-003 11. 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 ACHD Traffic Operations 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 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. 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 2. Site Plan 3. Utility Coordination 4. Request for Reconsideration Guidelines OR Appeal Guidelines 5. Development Process Checklist 7 MCPA-08-003 .. . -__ '_.~..__.1 . . . I ~~~ ~~" 'i 1 Ys~ .~w_. .~ ' ' . r .r 2f~. } .., ~1~, . ._T. ~ ~ ` i~.c~~i r rar~~7~Fb~ « ~ r~ fl~'. ~'~ "f~$~`r~?n`F :~iaP~~~ ~~.~J ys+,~i~ ~°---' - . .. --- , ~ ~!~ _ ~, `ai..t:~r~i,~."~'~ ,. - ~~~~~.' . , ~ • 7'~ ~~r ,s• . ~. ,r, . . _ . , ?~l~~~ ~ . ~~~ ~{~ ~~ ~ .. . j I ~ . ~r ~ •~~~.~ ' ~''~.~~~x~'~ 3~r1~ ; ; ~~:,. w.;;y;; ~~'~ 1~' z~,~: ~ .r,» ~ . ~ ~ ~ ~ , unti - - .~.__ - ~. ~~w~ .~~: t K ~~ ' k ''' • . ~ . ~,~,~4' ~- . . ,~b~!. ~N~ .~ T~7t~ .~}~.,. . . ~ :.~, :~~~ i$~i ~~~1'. .. .~.. . ' ' .~~ t~ ~~~~~M~~ ~SP.'~4~t4"':~~~, ~tl ~~~ ~ .. ._ 8~ - F . '~ti~: ~'~~' . a.~ , ~{ ~ ~nV~'- ' `C L~ ~ ' ~y~~/~ ~~~. ~ R ' ~ ~ ~ ~~ ~ 7~3~~'~~~ ~~i ~Jr 1i1T~' ~ .~f~ ~f_Iki9~ ~;~r - ~_ _ e . e +~C~. , i '.... w1 V ~ • ` s~.. 7-' Rti r-i ~~!~ ~ 1N"h~ ~~ _~ . G.A,'r_ - - _ ~ ' A P u I , ' I- T LfAS1 ~~3~~${~~~~lft~ ~Q ~3 ~t~~i ~~j ~'1u,~.F~~ ~ ~ W. ~~, '~~~ ~~'~ _ ~ 4 H. J• . . ~~Y' Ri . '_~ 1 ~ ~~/~RP~~ +S :, li ~;r : i~f~n~~~~~ ~i~ aM n y P'' ~~ i ~:x .,~ ~~~ 1F , r~ ~ ,.. ~I r ~~ ~:~ j TI I~ .~Gr.~~' ''"11~ F~~. i ~, ; ~t~~ ~. . ~ { •' '~ i l ._~,f: k .~~ -f~iN~`~+Sd"3`i . . ~4~ ~ ' ~ °~t, . `~ :~ ..~ ~ ~3-~~" ~.5. ; ""° c` .. ~~., p~~ ~ . ~ y ~ k ... '~I~n ~ c g " _ . . . .. ~• ~~ t ' ~ . .~ q~ 1 1 l~t r , ' M.'~I \ r n Ti ; I •1 . ~ K I' .. - .«.~ .... ~ (~ j --~.----. ~~.~ y ~ i '- . - .'f~i-r~.q,~~n e~~ : x,,,~_ ~ - ~ j,~~~T~. MCi~1.LAN ~ ~ _ ~ ?~'0~~ '}s"'~' ' ~ :ti _ 1.;.,.°~ 7 q + . ~ ~ it.: ~ ~ ~' I~' ~F,~'~,ke~ • . . _ ~e : ~ ' ~' ,~,1:'. _ I ~~ . ~ ~. _ ~ ~; y~ r. ~ ~y~ ~%t ~ y ~ 3 x z 1 4 , .~ i ~ ~ ~, ~,~, TR K~~ . _ . ' ' " f ,] . ~"~ ~ i y~- .~~ ~k~(~,~T ~ -t t ~y y..vi"#~+ . ~' . .. i -.-..~ .~ 3~-~.~a ~'fir L - _ _ _ , ~~ _'~ : t~ ~ y~f _ •4r~ I~}~If>y+ ~ '~~ 1 ~ ~- ~ ~ _ - .. ry't~' ra s' • +~., V:' 3~.. '~ a~ _ ~ 4 ~' ; 1'.. __' - y[ ~J..~ ~ ~~~w~~ ~~ ,~t~) ~'' ~i[ T'9fIC~~. II ~C~~~ ~~i. ~~ ~~ ~- ,Y - - _ _~~n,~ _- - _ - -~~'' iix~!~r. ~` '~t+~+~ ,~~, M t~~,~. ~ -~ ~ ~,7. ~ ~ .. I rt .~ ~I~J r ~-~I I .`~„~f ( ~~~# ~~'*I;t";~~~ ; , n~r~: '~ i ~ ~3~ ' ~", ~.: ~ . . ~ : F~~ ~ ~ , - x ;. `;e~: . , . _ s j 7 . i . I ~ ~ _ ~,~ ~;~: '-~-~.. k+~,:'; '~°~Lr4..~. ;~ .~.'~+~d:,.r . . , v,r _...,, .--~~ iraitai:' '+~rj~'~^:--a21 l~ _...~ 8 MCPA-08-003 /l 1.~~~p ~ ~ A ~ 19. WLLTA DR. ~ 1 ~If11ff11[tlfll~~f@ _ a~~ 1 ~ ~ ~ r.,.~ ~~i ~-+ ~ ~' ~ ~ ~~ ~ ~ ~ ~,~~~~~~~~~~~~. ~ ~ ~~ `~ V7. McYIlL1N ROAD •~~ o0eoooo~~o~ ~ ~ ,' I~~~~ ~ VOLTERRA BUSINESS PARK E X H I B I T A CONCEPTUAL DEVELOPMENT PLAN ~ ~ ~ ~ ~ ~ ~ Y 9 MCPA-08-003 e ~ i Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper not~cation to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notiflcation: 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. Noti~cation 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 MCPA-08-003 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 ACHD ~The ACHD Planning Review Division will receive the development application to review ~The Planning Review Divlsion will do ane 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 Wtth" letter. • The applicant should submit iwo (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 Construcaon Services (ACHD) for AIVY 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. D/D YOU REMEMBER: Construction (Zone) ^ Driveway or Property Approach(s) • Submit a°Driveway Approach RequesY' form to Ada County Highway District (ACHD) Construction (for approvai by Development Services & Traific Senrices). There is a one week tumaround for this approval. ^ Working in the ACHD Rlght-0f-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. Constniction (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 Certfied Plan Designer, must be tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ Idaho Power Company • vc Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Servlces ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 11 MCPA-08-003 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 ROWDS Manager when it is alleged that the ROWDS Manager did not propeFly apply this section 7101.6, dld 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 reasonabie 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 repty and any modifications to the decision being appealed wili 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. ~ 2 MCPA-08-003 Ale CHD I October 17, 2008 To: Chuck Christensen Quadrant Consulting, LLC 1904 W. Overland Road Boise, Idaho 83705 Subject: Volterra Business Park Rezone M RZ-08-004 3450 W. McMillan Road Carol A. McKee, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner On 17 October 2008, the Ada County Highway District Planning Review staff acted on the above application. 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, I ZU4,6/'Mot'� Matt Edmond Planner III Right -of -Way & Development Services Ada County Highway District CC: Project file Bill Parsons, Meridian City Planning Department (sent via email) Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 2O8-387 6100 • FX 345-7650 • www.achd.ada.id.us Project/File: Lead Agency: Site address: Staff Approval Applicant: Representative: Right -of -Way & Development Department Planning Review Division CHD "V� - Conul�o �� MRZ-08-004 This application is for rezone of approximately 94 acres from L-O and R-4 to C-G, C-C, L-O, and R-15 for Volterra Business Park. City of Meridian 3450 W. McMillan Road October 17, 2008 Primeland Investment Group 3120 W. Belltower Drive, Suite 100 Meridian, Idaho 83646 Quadrant Consulting, Inc. 1904 W. Overland Road Boise, Idaho 83705 Staff Contact: Matt Edmond Phone: 387-6187 E-mail: medmonda-achd.ada.id us Application Information: Acreage: 93.65 acres Current Zoning: R-4, C-G Proposed Zoning/Use: C-C: 37.84 acres; 464,000 square feet C-G: 25.10 acres; 558,000 square feet L-O: 10.70 acres; 120,000 square feet R-15: 20.00 acres; 260,000 square feet A. Findings of Fact Existing Conditions 1. Site Information: The site is currently vacant. 2. Description of Adiacent Surrounding oraw 3. Direction Land Use North Vacant (Bainbridge Subdivision Pendingdevelopment) Zoning R-8 South Vacant (Volterra, Volterra South Subs pendingdevelopment) R-4, C-G East Single FamilyResidential Verona No. 1 & 2 R-8, C-G West Vacant (Volterra pending development), Rural Residential R-4, RUT Existing Roadway Improvements and Right -of -Way Abutting or Near the Site • McMillan Road is currently improved with 2 lanes (24-feet of pavement) and no curb gutter or sidewalk within 50-feet of right-of-way (25-feet from centerline) abutting the site. • Ten Mile Road is currently improved with 2 lanes (26-feet of pavement) and no curb, gutter or sidewalk within 63-feet of right-of-way (25-feet from centerline) abutting the site. • The intersection of Ten Mile and McMillan Roads is currently being widened and signalized under a developer cooperative agreement. It is expected to be completed in November 2008. MRZ-08-004 4. Existing Access: The site has no defined access points to abutting public roadways. 5. Site History: ACHD previously reviewed and approved this site as part of Volterra Subdivision in September 2005, and subsequently commented on a comprehensive plan amendment to change the future land use designation of the site from Medium Density Residential to Mixed Use Community in July 2008 (MCPA-08-003). 6. Adjacent Development: Bainbridge Subdivision abuts the site to the north, Volterra Subdivision abuts the site to the west, and Volterra South abuts the site to the south. All these developments have been approved and construction phases are pending. Development Impacts Trip Generation: This development is estimated) to generate 46,820 additional vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual and the following assumptions: • C-C zone: 464,OOOsf of Specialty Retail at 44.32 VTD/1,OOOsf • C-G zone: 558,OOOsf of Specialty Retail at 44.32 VTD/1,OOOsf • L-O zone: 120,OOOsf of General Office at 11.01 VTD/1,OOOsf • R-15 zone: 75 units of Assisted Living at 2,74 VTD/unit 8. 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. 9. Existing Conditions of Area Roadways: Roadway Frontage g Functional Traffic Count Level of Speed Classification Service Limit McMillan Road 939 Minor Arterial �' 372 west of Ten Betd"C" Mile on 7/19/2006 than 50 MPH Ten Mile Road 1738' Minor Arterial 5 620 north of Bet Ustick 9/19/2007 than50 MPH *Arrentahla lavcl of onn,i— f.,r , 4-1- 1.. ..__ - - Jul Cl LVVU-,dice inniar arterial roadway is "D" (14,000 VTD). 10. Capital Improvements Plan/Five Year Work Plain: • There are no roadways, bridges or intersections in the general vicinity of the project there are listed in the current Five Year Work Plan. • Ten Mile Road is listed in the Capital Improvements Plan to be widened to 5-lanes between Ustick Road and McMillan Road between 2014 and 2018. • Ten Mile Road is listed in the Capital Improvements Plan to be widened to 5-lanes between McMillan Road and Chinden Boulevard between 2014 and 2018. • McMillan Road is listed in the Capital Improvements Plan to be widened to 3-lanes between Ten Mile Road and Linder Road between 2019 and 2028. • McMillan Road is listed in the Capital Improvements Plan for corridor preservation to accommodate widening to 3 lanes in between Black Cat Road and Ten Mile Road. B. Findings for Consideration This application Is for rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 1. Traffic Impact Study Traffic Impact Study Policy: District policy 7106.1 states that the developer of a proposed large- scale development shall review the project with District staff before submitting a preliminary plat application. The District will decide if a traffic impact study will be required and set the 2 MRZ-08-004 parameters. A study will be required if the proposed development contains more than 100 dwelling units; more than 30,000 square feet of commercial use, or more than 50,000 square feet of industrial use. If a project has special circumstances associated with it, the District may require an impact study, even if the aforementioned criteria have not been met. Staff Comment/Recommendation: The applicant should coordinate with District staff prior to submitting a subsequent development application, to determine if a traffic impact study will be required. If a traffic impact study is required, the applicant should submit it as soon as possible, and may be required to construct additional roadway improvements based on the findings of the traffic impact study. 2. McMillan Road Right -of -Way Policy: 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. Staff Comment/Recommendation: As a part of the North Meridian Traffic Plan, it was noted that a 3-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes within 70-feet of right-of-way would be adequate to accommodate the projected traffic volumes on McMillan Road. Due to the fact that the North Meridian Traffic Plan recommended a 70-foot right- of-way on McMillan Road and the Commission has supported the recommendation in the past, staff is recommending a total right-of-way width of 70-feet as opposed to 96-feet of right-of-way (48-feet from centerline). Therefore, staff recommends that the applicant dedicate 35-feet of right-of-way on McMillan Road abutting the site and construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the roadway. 3. Ten Mile Road Right -of -Way Policy: 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. Staff Comment/Recommendation: Consistent with the projects planned in the District Capital Improvement Plan, the applicant will be required to dedicate 48-feet of right-of-way from the centerline line of Ten Mile Road abutting the site and construct a 5-foot detached concrete sidewalk a minimum of 41-feet from the centerline of the roadway. 4. Roadway Offsets Roadway Offset Policy: 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). District policy 7204.11.6 states that the optimum spacing for collector intersections along arterial roadways is 1,700-feet to allow adequate signal spacing. The minimum spacing that is acceptable for collector intersections along arterials is 1,300-feet. Applicant Proposal: The applicant has proposed to construct two roadways to intersect McMillan Road and one roadway to intersect Ten Mile Road. Staff Comment/Recommendation: Although the submitted site plan is not scaleable, it appears that the proposed roadway intersection locations with both McMillan and Ten Mile Roads are consistent with roadway locations previously approved with Volterra Subdivision in 2005. Staff will provide specific comments on the proposed roadway intersections once a scaleable site plan has been received as part of a future development application. 3 MRZ-08-004 5. Internal Streets Right -of -Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. 36-foot Street Section Policy: District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back -of - curb to back -of -curb. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. Commercial Street Section Policy: 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. Island Policy: District policy 7202.7 and 7207.5 require islands to be constructed a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway on either side of the traffic island should maintain a minimum of a 21-foot street section. District policy also requires any proposed landscape islands/medians within the public right-of- way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Applicant Proposal (Internal streets): The applicant has proposed to construct some internal streets as divided roadways with center landscape islands. The type and width of other roadway sections is unclear. Staff Comment/Recommendation: The applicant's proposals for the internal streets will be reviewed with future development applications to ensure compliance with District Street Section policies. If the applicant would like to construct center landscape islands, drive aisles must be a minimum of 21-feet wide (back -of -curb to back -of -curb) on either side of the islands. 6. Stub Streets Stub Street Policy: District policy 7203.5.1 states that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non -continuous streets." District policy 7205.5 states that stub streets will be required to provide intra- neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul- de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Applicant Proposal: The applicant is proposing to construct one stub street to the north, and an internal roadway along the west property boundary. Staff Comment/Recommendation: Bainbridge Subdivision was approved with the condition of 3 stub streets to this site's north property boundary, located approximately 210-feet, 480-feet, and 1,750-feet west of Ten Mile Road, respectively. The applicant will be required to connect with these stubs, or provide stub streets aligning with their proposed locations, dependent upon which development is constructed first. The proposed roadway along the west property boundary will provide adequate connectivity with the remainder of the Volterra Subdivision to the west. 4 MRZ-08-004 7. Tree Planters 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. 8. Other Access Ten Mile Road and McMillan Road are classified as minor arterial roadways. Other than the access specifically approved with this application, direct lot access to these roadways is prohibited and should be noted on the final plat. C. Site Specific Conditions of Approval This application is for rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 1. Submit a traffic impact study for the proposed development to District staff as soon as possible. 2. Dedicate 35-feet of right-of-way from the centerline of McMillan Road abutting the site. Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of McMillan Road abutting the site. 3. Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the site. Construct a 5-foot detached concrete sidewalk a minimum of 41-feet from the centerline of the Ten Mile Road abutting the site. 4. Construct two roadways to intersect McMillan Road in locations consistent with those previously approved with Volterra Subdivision in 2005. 5. Construct one roadway to intersect Ten Mile Road in a location consistent with that previously approved with Volterra Subdivision in 2005. 6. Construct all divided roadways with minimum 21-foot drive aisles (back -of -curb to back -of -curb) on either side of the center islands. 7. Provide for connectivity with the stub streets previously approved with Bainbridge Subdivision in 2005. 8. Other than the access specifically approved with this application, direct lot access to Ten Mile Road and McMillan Road is prohibited and shall be noted on the final plat. 9. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-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 construction 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. 5 MRZ-08-004 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 ACHD 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 requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. 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 ACHD Traffic Operations 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 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. 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 2. Site Plan 3. Rezone Map 4. Utility Coordination 5. Development Process Checklist 6. Request for Reconsideration Guidelines OR Appeal Guidelines 6 MRZ-08-004 MRZ-08-004 S89*21'12"E 1769.59- N959'37'E PROPOSED L-0 ZONE S89*38'4 'E 409.34' clq 10.70 ACRES 18 0' Lo ro Cil C12 C13 CIO C9 N89*23'45'W N8*48'46"W r- 104.83' 100.00, 'c'v(10 o co 56.43' S.W. DEED INST. NO. 106041249 Lo PROPOSED C-c ZONE C) n ri 37.84 ACRES 0) 4cu to 3: p co CURRENT R-4 ZONE b 7- 836.90' clq 'a S88*56'27'E N90'00'00*E 739.71 C14 PROPOSED C-G ZONE 25,10 ACRES N89*38'46'W 0 4-85.15' DEED INST. c� !o NO, 106099041 00 ppo 00 -ROPOSED R-15 ZONE U-) Lo !n . 20,00 ACRES S.W.EED INST. 0 m 0 NO. 106099040 of z CURRENT C-C ZONE uj; Z N21'51' 35'W 0 100.00, b 27 331 E 01 196.00' vs — — — 84J.25_ 34 N88-56'29"W 891-33' 27 26 L2654.7a' 128.68' it MCMILLAN ROAD 34 35 9 MRZ-08-004 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 MRZ-08-004 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 ACHD ®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 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 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 -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 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 a Pre -Con. 11 MRZ-08-004 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. 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. 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. 12 MRZ-08-004