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September 3, 2008
To: Land Investors, LLC
1375 E. Braemere Road
Boise, Idaho 83702
Subject: Trade Plaza Subdivision
MPP-08-005
555 S. Meridian Road
Carol A. McKee, President
Sherry R. Huber, 1st Vice President
Dave Bivens, 2nd Vice President
John 5. Franden, Commissioner
Rebecca W. Arnold, Commissioner
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On 3 September 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 (20$) 387-6187.
Sincerely,
Matt Edmond
Planner III
Right-of-Way S~ Development Services
Ada County Highway District
CC: Project file
Treasure Valley Engineers
Ron Sargent (sent via email)
Bill Parsons, Meridian City Planning Department (sent via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH Zp8-387-6100 • FX 345-7650 •
www.achd.ada.id.us
Right-of--Way & Development Services Department
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Project/File:
Lead Agency:
Site address:
Staff Approval:
Applicant:
Owner
Representative:
Staff Contact:
Tech Review:
Trade Plaza Subdivision (MPP-08-005)
This application is far preliminary plat of 17 commercial lots on 8.7 acres in
Meridian City's C-G zoning district.
Meridian City
555 S. Meridian Road (NWC of Meridian Road and Corporate Drive)
September 3, 2008
Land Investors, LLC
1375 E. Braemere Road
Boise, Idaho 83702
Arthur Berry
960 Broadway Avenue, Suite 450
Boise, Idaho 83706
Treasure Valley Engineers
1204 6`" Street North
Nampa, Idaho $3687
Matt Edmond
Phone: 387-6187
E-mail: medmondt~achd.ada.id.us
September 3, 2008 (via phone)
Application Information:
Acreage: 8.7 acres
Lots: 17
Zoning: C-G
Phase 1 Uses: 27,100 square feet, specialty retail (estimated)
Phase 2 Uses: 40,800 square feet, warehouse (estimated)
A. Findin s of Fact
Existing Conditions
1. Site Information: The site is currently vacant.
2. Description of Adjacent Surroundina Area:
Direction Land Use Zonin
North Auto Care Center, Vacant C-G
South Auto Care Center, Sfiora a C-G
East Coffee Sho ,Office Building C-G
West Parking, Warehouse C-G
Trade Plaza Subdivision
3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site
• Meridian Road is currently improved with three lanes, vertical curb, gutter, and 7-foot attached
sidewalk within between 60-feet and 70-feet of right-of-way (30-feet from centerline) abutting the
Site.
• Corporate Drive is currently an unimproved right-of-way, between 38-feet and 44-feet wide,
abutting the site's south boundary. Corporate Drive is improved as a four-lane road with vertical
curb, gutter, and attached sidewalk to the east of the site. The unimproved section of Corporate
Drive is approximately 1,265-feet long.
• West 3`~ Street is currently improved as a 40-foot commercial street section with vertical curb,
gutter, and attached concrete sidewalks within 54-feet of right-of-way where it stubs into the
site's north boundary.
4. Existing Access: The site currently has two access points onto Meridian Road: one curb-cut at its
northeast corner and a shared curb-return (the future Corporate Drive) at its southeast corner.
5. Site History: This site is the subject of a Settlement Agreement between the District and Arthur J.
Berry and Douglas W. Tamura in relation to ACRD Project #52092.0 Meridian Road, Franklin Road
to East First Street dated June 9, 2000. Among other issues related to this application, the
Settlement Agreement provided for:
1. Future Improvement of West Corporate Drive
2. Curb Cut on Meridian Road
6. Adjacent Development: Browning Plaza, a proposed commercial subdivision to include
approximately 350,000 square feet of office and retail space, is located southwest of the site and is
still undergoing the approval process at the City of Meridian.
Development Impacts
7. Trip Generation: This development is estimated to generate approximately 1,200 additional
vehicle trips per day (Wane existing) with Specialty Retail use in Phase 1, and approximately 200
additional vehicle trips per day with Warehouse use in Phase 2, according to the Institute of
Transportation Engineers Trip Generation Manual.
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. Traffic Impact Study: A traffic impact study was not required with this application.
10. Impacted Roadways:
Roadway Frontage Functional Traffic Count Level of
* Speed
Classification Service Limit
Meridian 280, Principal 21,171 south of "F" 30 MPH
Road Arterial Franklin 10/11/2007
Main Street none Principal 28,691 north of Better than
"
" 35 MPH
Arterial Meridian 7/13/2006 C
Corporate
300'
1
Collector 4,577 east of Main Better than
"
" 25 MPH
Drive , 11/1/2005 C
'"Acceptable level of service for athree-lane principal arterial roadway is "E" (18,500 VTD).
*Acceptable level of service for afive-lane principal arterial roadway is "E" (37,000 VTD).
*Acceptable level of service for three-lane collector roadway is "D" (11,000 VTD).
11. Capital Improvements Plan (CIP)/Five Year Work Plan (FYVUP): Meridian Road and Main Street
are currently scheduled in the FYWP to be reconfigured as a split corridor (Meridian Road running
southbound and Main Street running northbound) from Waltman Lane to Franklin Road in 2009.
2 Trade Plaza Subdivision
B. Findin s for Consideration
1. Meridian Road
Arterial Roadway 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.
Applicant Proposal: The applicant is proposing no additional improvements or right-of-way
dedication along Meridian Road abutting the site.
Staff Recommendation: This section of Meridian Road will be reconfigured to a one-way
southbound only roadway with the Meridian Road and Main Street Split Corridor Project. It will
remain athree-lane roadway, so no additional improvements or right-of--way dedication will be
required with this application.
2. Corporate Drive
Commercial/Industrial Roadway 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.
Temporary Turnaround: If a temporary turnaround is proposed to be located within a future
building lot, the temporary turnaround easement shall be for the entire building lot to prevent the
easement from being constructed over.
Applicant Proposal: The applicant is proposing to construct Corporate Drive as a 40-foot
commercial street section with vertical curb, gutter, and sidewalk on both sides abutting the site,
and tapering out as necessary to match the existing curb returns on Meridian Road. The
applicant is proposing acast-sharing agreement in which the applicant would pay for 30-feet of
pavement and improvements on the north side of Corporate Drive, and ACHD would pay for 6-
feet of pavement and improvements on the south side of Corporate Drive.
The applicant is proposing to dedicate 17-feet of right-of-way along Corporate Drive in addition to
the existing 37-feet of right-of-way. The applicant is also proposing to dedicate additional right-of-
way and a sidewalk easement as necessary to accommodate the widening of Corporate Drive to
match the existing curb returns on Meridian Road.
Additionally, the applicant is proposing to construct and dedicate Corporate Drive in phases, with
the east 470-feet (from the west edge of Meridian Road) built during Phase 1 and the west $00-
feet being built during Phase 2. The applicant is proposing to construct a temporary turnaround
until Corporate Drive is fully connected at both ends.
Staff Recommendation: The applicant should construct Corporate Drive to one half of a 40-foot
street section with curb, gutter and 7-foot attached (or 5-foot detached) sidewalk on the north side
plus 12-feet of pavement on the south side. The applicant is responsible to dedicate the
additional right-of-way necessary to complete the 40-foot street section. This apportionment of
responsibility for the improvement of Corporate Drive is in accordance with the Settlement
Agreement between the parties.
Additional right-of-way is necessary near the intersection with Meridian Road as Corporate Drive
widens to mirror the width of Corporate Drive east of Meridian Road. The District is responsible to
purchase this additional right-of-way necessary to taper the roadway width at the intersection.
The applicant has proposed to dedicate a portion of this additional required right-of-way width as
a sidewalk easement to the District at no cost.
The majority of the land abutting the south side of this segment of Corporate Drive developed
prior to the District's acquisition of the existing right-of-way and planning for Corporate Drive to
extend west of Meridian Road. Therefore there is not an opportunity for the south side of the
roadway to be improved through future development. If the south side of the roadway is going to
3 Trade Plaza Subdivision
be improved to the full street section with curb, gutter and sidewalk the District will be financially
responsible.
If funds are available to the District at the time the applicant moves forward with the project, the
applicant should enter into a development agreement with ACHD, under which the applicant will
design and construct the entire width of Corporate Drive-including curb, gutter, and 7-foot
attached (or 5-foot detached) sidewalk on both sides-abutting the site. ACHD would be
responsible to reimburse the applicant for the costs of 6-feet of pavement width and curb, gutter,
and sidewalk improvements along the south side of Corporate Drive. If the District enters into an
agreement with the applicant to improve the south side of Corporate Drive, the applicant should
coordinate with District staff and property owners to the south to ensure the appropriate location
of access points along the south side of Corporate Drive.
If funds are not available to the District or an agreement is not entered into to improve the south
side of Corporate Drive the applicant shall improve Corporate Drive to one half of a 40-foot street
section with curb, gutter and sidewalk on the north side plus 12-feet of pavement on the south
side.
The applicant is not proposing to construct a standard cul-de-sac turnaround. The District will
consider alternatives to the standard turnaround on a case-by-case basis. The determination to
allow a nan-standard turnaround will be based on turning area, drainage, maintenance
considerations and the written approval of the emergency fire service for the area where the
development is located. Minimum design standards shall be met for all non-standard turnarounds.
Approval of the staff report does not indicate approval of the non-standard turnaround design.
3. Corporate Drive Extension
ACHD and Meridian City plan to extend Corporate Drive to the west and south, across Ten Mile
Creek, to connect with Waltman Lane through future development. ACWD is evaluating the
feasibility of establishing an Extraordinary Impact Fee Overlay Assessment District to fund this
extension. If such an Overlay District is established, subsequent development of the site may be
subject to extraordinary impact fees in addition to regular impact fees.
4. Third Avenue
Commercial/Industrial Roadway 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.
Applicant Proposal: The applicant is proposing to construct Third Avenue through the site as a
40-foot commercial street section with vertical curb, gutter, and sidewalk on both sides.
Staff Recommendation: The applicant's proposal meets District standards and should be
approved with this application.
5. Driveways
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.
Commercial Driveways: District policy 7207.9.3 restricts commercial driveways with daily traffic
volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be
constructed as curb-cut type facilities if located on local streets. Curb return type driveways with
15-foot radii will be required for driveways accessing collector and arterial roadways.
4 Trade Plaza Subdivision
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
beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
Applicant Proposal: The applicant is proposing to construct one 30-foot wide curb-return type
access onto Meridian Road from the site, located approximately 150-feet north of Corporate Drive
(measured near-edge, to near-edge). The applicant is also proposing one driveway onto
Corporate Drive, approximately 230-feet west of Meridian Road (near-edge to near-edge).
Staff Recommendation: The District previously agreed to the proposed driveway on Meridian
Road in the Settlement Agreement, and the proposed driveway onto Corporate Drive meets
District offset policy. The applicant should pave both driveways their full widths at least 30-feet
into the site. The applicant should request approval of additional access to Corporate Drive with
subsequent applications.
fi. O#her Access
Meridian Road is classified as a principal arterial roadway, and Corporate Drive will be classified
as a collector roadway once it is constructed. Other than the access specifically approved with
this application-or approved with subsequent requests in the case of Corporate Drive-direct lot
access to Meridian Road and Corporate Drive is prohibited, and shall be noted on the final plat.
C. Site S ecific Conditions of A royal
1. Construct Corporate Drive as one of the following:
a. If funds are available to the District at the time the applicant moves forward with the project,
enter into a development agreement with ACRD to design and construct the entire width of
Corporate Drive-including curb, gutter, and 7-foot attached (or 5-foot detached) sidewalk on
bath sides-abutting the site. ACHD shall be responsible to reimburse the applicant for the
costs of 6-feet of pavement width and curb, gutter, and sidewalk improvements along the
south side of Corporate Drive. If the District enters into an agreement with the applicant to
improve the south side of Corporate Drive, the applicant should coordinate with District staff
and property owners to the south to ensure the appropriate location of access points along the
south side of Corporate Drive.
b. If funds are not available to the District or an agreement is not entered into, improve Corporate
Drive to one half of a 40-foot street section with curb, gutter and 7-foot attached (or 5-foot
detached) sidewalk on the north side plus 12-feet of pavement on the south side.
2. Dedicate 17-feet of right-of-way along Corporate Drive abutting the parcel by means of
recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of-way dedication after receipt of all requested material.
3. Dedicate additional right-of-way and provide a sidewalk easement as necessary to accommodate
the widened section of Corporate Drive toward Meridian Road. The District shall be responsible
for the purchase of this additional right-of-way, with the exception of a sidewalk easement.
Provide this sidewalk easement to the District at no cost.
4. If the development is final platted in phases and Corporate Drive is not constructed through the
site, provide a temporary turnaround at the west terminus of Corporate Drive by doing one of the
following:
a. Construct anon-standard temporary turnaround as proposed. Submit to the District a letter
from Meridian Fire Department approving the non-standard temporary turnaround prior to
District approval of the final plat or issuance of a building permit.
5 Trade Plaza Subdivision
b. Provide a temporary turnaround on a building lot with a temporary turnaround easement to
cover the entire building lot. Submit to the District a letter from Meridian Fire Department
approving the non-standard temporary turnaround prior to District approval of the final plat or
issuance of a building permit.
c. Construct a 45-foot radius temporary turnaround at the west terminus of Corporate Drive on
the Phase 2 portion of the site. Provide a turnaround easement for any portion of the
turnaround that lies outside the dedicate right-of-way.
5. Construct Third Avenue as a 40-foot commercial street section with vertical curb, gutter, and 5-
foot sidewalk on both sides abutting the site.
6. Dedicate 54-feet of right-of-way along Third Avenue abutting the parcel by means of recordation
of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business days to process the right-
of-way dedication after receipt of all requested material.
7. Construct one curb-return type access onto Meridian Road from the site, located approximately
150-feet north of Corporate Drive (measured near-edge to near-edge). The driveway shall be no
wider than 36-feet, and paved its full width at least 30-feet into the site.
8. Construct one curb-return type access onto Corporate Drive, located approximately 230-feet west
of Meridian Road (measured near-edge to near-edge). The driveway shall be no wider than 36-
feet, and paved its full width at least 30-feet into the site.
9. Request approval for any additional access onto Corporate Drive.
10. Other than the access specifically approved with this application, direct lot access to Meridian
Road is prohibited, and shall be noted on the final plat.
11. Comply with all Standard Conditions of Approval.
D. Standard Conditions of A royal
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 ACRD 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.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
6 Trade Plaxa Subdivision
10. Payment of applicable road impact fees is required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-$11-342-1585) 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 Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration OR Appeal Guidelines
7 Trade Plaza Subdivision
Trade Plaza Subdivision
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9 Trade Plaza Subdivision
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: Ta develop the necessary avenue far proper notification to utilities of local highway
and road improvements, to help fhe utilities in budgeting and to clarify the already exisfing 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.
~) 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
pertormed 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 senf to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for a-mail notification information.
10 Trade Plaza Subdivision
Development Process Checklist
Submit a development application to a City or to the County
The City or the Gounty 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 R®view" 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 (far approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACRD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACRD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is X50' or you
are placing X600 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 aPre-Con.
11 Trade Plaza Subdivision
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 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 Commissian 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 Commissian 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.
12 Trade Plaza Subdivision