HomeMy WebLinkAboutACHD Commentsf~ _
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CHD
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July 29, 2008
To: Gregory B. Johnson
P.O. Box 344
Meridian, Idaho 83642
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Carol A. McKee, President
Sherry R. Huber, ist ~ce Pr~ident
Dave Bivens, 2nd ~ce President
John S. Frenden, Commissioner
Rebecca W. Amold, Commissioner
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Subject: MCPA-08-009
Comprehensive Plan Amendment, Medium Density to High Density Residential
South of Harris Street, west of Meridian Road/SH-69
On 29 July 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 the District may require with future specific development
applications.
If you have any questions, please feel free to contact me at (208) 387-6187.
Sincerely,
/ %~~l L~"o~ol
Matt Edmond
Planner II
Right-of-Way 8~ Development Services
Ada County Highway District
CC: Project file
Becky McKay, Engineering Solutions
Caleb Hood, Meridian City Planning Department (sent via email)
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 •
vwvw.ad~d.ada.id.us
Right-of-Way & Development Sef-vices Depar•tment
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Project/File: MCPA-08-009 (Laidlaw/Biskay Subdivision Comprehensive Plan Amendment)
This application is for a comprehensive plan amendment to modify Meridian City's
future land use map by changing the designation of approximately 9 acres west of
SH-69 and north of Amity Road from medium density fo high density.
Lead Agency: Meridian City
Site address: North of Amity, West of SH-69
Staff Approval: July 29, 2008
Owner/Applicant: Gregory Johnson
P.O. Box 344
Meridian, Idaho 83642
Representative: Engineering Solutions, LLP
1029 N. Rosario Street, Suite 100
Meridian, Idaho 83642
Staff Contact: Matt Edmond
Phone: 387-6187
E-mail: medmondCa~achd.ada.id.us
Application Information:
Acreage:
Current Zoning:
Designated Future Zoning
Proposed Future Zoning:
52.46
RUT
All Medium Density Residential
9 acres High Density Residential; 43 acres Medium Density Residential
A. Findinqs of Fact
Existing Conditions
1. Site Information: The site is currently vacant. A Pacific Northwest pipeline easement runs through
the site between its northwest comer and its eastern boundary.
2. Description of Adlacent Surroundina Area:
Direction Land Use Zonin
North A ricultural & rural residential RUT
South A ricultural & rural residential RUT
East A ricultural 8~ rural residential RUT
West Agricultural 8~ rural residential RUT
MCPA-08-009
3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site
• SH-69/Meridian Road is currently improved with five lanes with no curb, gutter, or sidewalk,
within 150-feet of right-of-way approximately 1,700-feet east of the site. SH-69/Meridian Road
is under the jurisdiction of the Idaho Transportation Department (ITD).
• Harris Street is currently improved as a half-street section consisting of 24-feet of pavement,
with vertical curb, gutter, and sidewalk on the north side, and attached concrete sidewalk on the
south side, within 40-feet of right-of-way. Harris Street currently terminates as a public roadway
approximately 400-feet east of the site.
• The site currently has no public street frontage.
4. Existing Access: The site currently take access via a private road that connects with the west
terminus of Harris Street. The site has no direct access to the public road system.
5. Site History: ACHD has not previously reviewed this site for a development application.
6. Adjacent Development: Hawkins Company is currently seeking approval for a comprehensive
plan amendment, annexation, and rezone of approximately 72 acres immediately east of the site for
development as a regional commercial center.
Development Impacts
7. Trip Generation: This development is estimated to generate approximately 4,623 additional
vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual.
The preliminary site plan used to estimate the trip generation includes 101 single-family units; 184
four-plex units; and 360 multifamily units.
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 effe~t at that
time.
9. Traffic Impact Study: A traffic impact study was not required with this application.
10. Existing Condition of Area Roadways:
Roadway Frontage Functional Traffic Count Level of
* Speed
Classification Service Limit
SH-69/ None Principal 24,144 north of Amity Determined 55 MPH
Meridian Road Arterial 10/2/2007 b ITD
Harris Street none Collector No data No data 20 MPH
'"Acceptable level of service for state highways is determined by ITD.
11. Capital Improvements Plan (CIP) / Five Year Work Program (FYWP):
• There are currently no roadways, bridges or intersections in the general vicinity of the project
that are in the FYWP.
• Amity Road is listed in the CIP for comdor preservation for three lanes west of SH-69 and five
lanes east of SH-69.
B. Findinas 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 speci~c redevelopment application.
2 MCPA-08-009
1. Traific 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 traffic 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 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. South Meridian Transportation Plan
In order to plan for future growth in the South Meridian area, ACHD launched the South Meridian
Transportation Plan in September 2007 to identify roadway, intersection, bridge and corridor
improvements. The plan will also investigate altemative transportation solutions including
pedestrian and bicycle pathways.
The current draft South Meridian Transportation Plan proposes that Harris Street be extended as
a mid-mile east-west collector roadway befinreen SH-69 and Linder Road, and that Kentucky Way
be extended as a north-south collector roadway befinreen Victory Road and Amiiy Road. These
alignments would likely follow the site's north and west boundaries.
3. Signal at Harris Street & Meridian Road/SH-69
A traffic signal will likely be warranted at the Harris Street/SH-69 intersection as a result of this
and other developments in the vicinity. Harris Street is located at the half-mile, and this location
meets the requirements of the City of Meridian's Unified Development Code for an access
location. The applicant may be required to provide a road trust deposit with the District for part of
the cost for the design and construction of the signal. When the property adjacent to Meridian
Road develops, that developer can utilize the road trust deposit funds to construct the signal at
that time OR at the time when ITD approves a signal in that location.
4. Harris Street
Residential Collector Policy: District policy 72-F1A, 7202.3.2 and 7202.3.5, requires that
residential collectors be constructed as 36-foot street sections with curb, gutter and 5-foot wide
concrete sidewalks with no front-on housing. The access restrictions for these street segments
should be stated on the flnal plat. Unless otherwise noted, parking should be prohibited on these
street segments. Coordinate the signage Program with District staff.
Half-Street Section: District policy 7203.4.2 states "if a proposed development abuts an
unpaved street or streets the developer shall construct one-half of the full street improvements,
including curb, gutter and concrete sidewalk plus additional pavement widening beyond the
centerline established for the street to provide a minimum 24-feet wide paved surface. A 3-foot
wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall
be constructed on the unimproved side. This street section shall be constructed within a minimum
40-foot right-of-way.°
Applicant's Proposal: The applicant is proposing to extend Harris Street as a residential
collector, shifting it to the south of the mid-mile, and stubbing it at the west property line.
Staff Comment/Recommendation: The current draft of the South Meridian Transportation Plan
proposes that Harris Street be extended as a mid-mile collector along the half-section lien, which
coincides with the site's north boundary. If the South Meridian Transportation Plan is adopted in
3 MCPA-08-009
its current form, the applicant should extend Harris Street as a half-street section along the site's
entire north boundary. There should be no direct lot access to this street.
5. North-South Mid-Mile Collector (Kentucky Way Extension)
Residential Collector Policy: District policy 72-F1A, 7202.3.2 and 7202.3.5, requires that
residential collectors be constructed as 36-foot street sections with curb, gutter and 5-foot wide
concrete sidewalks with no front-on housing. The access restrictions for these street segments
should be stated on the final plat. Unless otherwise noted, parking should be prohibited on these
street segments. Coordinate the signage Program with Distri~t staff.
Half-Street Section: District policy 7203.4.2 states °if a proposed development abuts an
unpaved street or streets the developer shall construct one-half of the full street improvements,
including curb, gutter and concrete sidewalk plus additional pavement widening beyond the
centerline established for the street to provide a minimum 24-feet wide paved surface. A 3-foot
wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall
be constructed on the unimproved side. This street section shall be constructed within a minimum
40-foot right-of-way."
Applicant's Proposal: The applicant is not proposing to extend a north-south mid-mile collector.
Staff Comment/Recommendation: The current draft of the South Meridian Transportation Plan
proposes that Kentucky Way be extended as a north-south mid-mile collector along the half-
section line, which coincides with the site's west boundary. If the South Meridian Transportation
Plan is adopted in its current form, the applicant should construct a half-street section, to be a
future collector, along the site's entire west boundary. There should be no direct lot access to this
street.
6. Internal Streets
Standard Local Street Section: 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. Variations of this width may be allowed, depending on traffic
volumes forecast to be generated by the development. 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.
Reduced local street section: District policy 7240.4.3 allows a developer to construct a local
urban residential street with a reduced width of 29-feet from back-of-curb to back-of-curb with
curb, gutter and sidewalk. Policy requires Fire Department approval from use of reduced street
sections and restricts parking on reduced street sections.
Residential Turnarounds: District policy 7205.2.1 requires turnarounds to be constructed to
provide a minimum turning radius of 45-feet. Landscape and parking islands may be constructed
in turnarounds if a minimum inside curb radius of 28-feet, and a minimum outside radius of 45-
feet are provided. The pavement width shall be sufficient to allow the turning around of a
standard AASHTO SU design vehicle without backing.
Applicant's Proposal: The applicant is proposing to construct six local residential streets and
one turnaround. One street will access Harris Street and one street will access a proposed
collector from the Hawkins development to the east.
Staff CommentlRecommendation: The applicant should either construct all local streets as 36-
foot street sections with vertical curb, gutter, and 5-foot sidewalk on both sides, OR coordinate
with District staff and the City of Meridian to determine if an alternate street section is more
appropriate for this development.
4 MCPA-08-009
7. 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's Proposal: The applicant is proposing to stub Harris Street to the west property line
and a local street to the south property line.
Staff Comment/Recommendation: The construction of Hams Street and the north-south
collector as half-street sections will provide adequate connectivity to the north and west. The
applicant should also provide one stub street to the south property line, as proposed.
8. Private Street
Private Street Policy: District policy 7205.6, other jurisdictions in Ada County establish the
requirements for private streets. The District retains authority and will review the proposed
intersection of a private and public street for compliance with District intersection policies and
standards.
Applicant Proposal: The applicant is proposing to construct a private road to provide access to
the four-plex housing units.
Staff Comment/Recommendation: If the City of Meridian approves the private road, the
applicant shall be required to pave the private roadway a minimum of 20 to 24-feet wide and at
least 30-feet into the site beyond the edge of pavement of the public street and install pavement
tapers with 15-foot curb radii abutting the existing roadway edge.
Street name and stop signs are required for the private road. The signs may be ordered through
the District. Verification of the correct, approved name of the road is required.
ACHD does not make any assurances that the private road, which is a part of this application, will
be accepted as a public road if such a request is made in the future. Substantial redesign and
reconstruction costs may be necessary in order to qualify this road for public ownership and
maintenance.
The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD:
• Dedicate a minimum of 50-feet of right-of-way for the road.
• Construct the roadway to the minimum ACHD requirements.
• Construct a stub street to the surrounding parcels.
9. Access
Access Policy: 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.
Driveway Paving: 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
5 MCPA-08-009
beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
Residential Driveways: District Policy 7207.9.3 restricts residential driveways to a maximum
width of 20-feet.
Applicant Proposal: The applicant is not proposing any specific driveway locations with this
application.
Staff Comment/Recommendation: The applicant should construct all single-family residential
driveways onto local streets only. These driveways should be curb-cut type driveways, no wider
than 20-feet, and paved their full widths at least 30-feet into the site. District staff recommends a
mod~cation of policy to allow the applicant to construct two curb-retum type driveways from the
multi-family site, one onto Harris Street and one onto the proposed collector from the Hawkins
development.
C. Site Specific Conditions of Approval
This application is for a comprehensive plan amendment only. Listed below are some of the
site specific conditions of approval that the District may require when it reviews a future
development application. The District may add additional site specific requirements when it
reviews a specific redevelopment application.
1. Submit a traffic impact study for the proposed development to District staff as soon as possible,
for review by District Traffic Service staff.
2. Construct Harris Street as a half-street section along the site's north boundary.
3. Construct Kentucky Way as a half-street section along the site's west boundary.
4. Either construct all local streets as 36-foot street sections with vertical curb, gutter, and 5-foot
sidewalk on both sides, OR coordinate with District staff and the City of Meridian to determine if
an altemate street section is more appropriate for this development.
5. Construct one stub street to the south property line. Install a sign at its terminus stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE."
6. Construct a private road to access the four-plex housing units, as proposed, with 15-foot curb-
return radii where it intersects the public street.
7. Construct all single-family residential driveways as curb-cut type, no wider than 20-feet, and
paved their full widths at least 30-feet into the site.
8. Construct finro curb-retum type driveways from the proposed multi-family site, one onto Hams
Street and one onto the proposed collector from the Hawkins development. The driveways shall
be no wider than 24-feet, and paved their full widths at least 30-feet into the site.
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.
6 MCPA-08-009
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. 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 ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior
to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
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. Development Process Checklist
5. Appeal Guidelines
7 MCPA-08-009
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8 MCPA-08-009
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9 MCPA-08-009
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper nof~cation 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). Notfication 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 not~cation 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 MCPA-08-009
Development Process Checklist
~Submit a development application to a Ciry 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 Revlew Dlvision will do one of the following:
^Send a"No Revlew" 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 specfic 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 Technlcal Review meeting for all Staff and Commisslon Level reports.
^For ALL development applications, including those receiving a"No Revlew" or "Comply Wlth" letter.
• The applicant should submit iwo (2) sets of engineered plans directly to ACHD for review by the Development
Review Dlvlslon 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 Construc6on 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.
D/D YOU REMEMBER:
Construction (Zone)
^ Drlveway or Property Approach(s)
• Submit a"Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services 8 Traffic Senrices). There is a one week tumaround 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 Submlttal
• At least one week prior to setting up a Pre-Con an Erosion 8~ Sediment Control Narrative & Plat, done by a Certified
Plan Designer, must be tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD
Drainage Division.
^ Idaho Power Company
• ~c 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 MCPA-08-009
Request for Appeal of Staff Decision
i. 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 arbitrarlly and
capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
costs.
b. Initiation: An appeal Is initiated by the filing of a wrltten notice of appeal with
the Secretary of Highway Systems, which must be flled within ten (10) working
days from the date of the declsion that is the subject of the appeal. The notice of
appeal shall refer to the decislon 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 pollcy 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 flling 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 modiflcations to the decision being appealed will be provided to the
appellant prior to the Commisslon 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 notlce 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 actlon is adequately supported by the law and
evidence presented at the hearing.
12 MCPA-08-009