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HomeMy WebLinkAboutACHD DRAFT CommentsRight-of--Way & Development Department ~ Planning Review Division ~~~~~~3 "~ CHD ~ Gnn,m,.v~e~cC~o SPitivtic~ Project/File: Five Twelve Subdivision/CUP09-013 This a preliminary plat and conditional use permit application for a three lot residential subdivision and LDS Church on approximately 12.91 acres. The site is located at the southwest corner of Stoddard and Kodiak in Meridian, Idaho. Lead Agency: City of Meridian Site address: Southwest corner of Stoddard and Kodiak E CF,1vF,~ Staff/Commission ~qN 2 0 2010 Approval: CITY OF~e minx Applicant: Church of Jesus Christ of Latter-day Saints CITY CLFR4ts oF!=!C!= 50 E. North Temple Street Salt Lake City, UT 84150 Representative: Staff Contact Tech Review: Lowland, Johanson, Zimmerman Architecture Jo Larson 400 S. Main Street Payette, I D 83661 Mindy Wallace Phone: 387-6178 E-mail: mwallace(c~achd.ada.id.us Application Information: Acreage: 12.91 Current Zoning: R-8 LDS Church: 1 Single Family Lots: 1 Common Lots: 1 A. Findings of Fact Existing Conditions 1. Site Information: The site is vacant. Q 1 DRAFT Five Twelve Subdivision/CUP09-013 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Vacant land/Rural Urban Transitional RUT South Vacant Land/Sin le-famil R-8 East Bear Creek Subdivision R-4 West Vacant Lane/Single-family R-8 3. Existing Roadway Improvements Adjacent To and Near the Site • Overland Road is currently improved with 5 travel lanes, and curb, gutter and sidewalk near the site. There is 96-feet of right-of-way existing for Overland Road. • Stoddard Road is currently improved with 3 traffic lanes, and no curb, gutter, or sidewalk abutting the site. There is a 5-foot wide detached concrete sidewalk on the east side of Stoddard across from the site. There is 60-feet of right-of-way existing for Stoddard Road (25-feet from centerline). 4. Existing Access: There is one defined access point to this property off of Stoddard. 5. Site History: ACHD has previously reviewed this site as part of Bear Creek West Subdivision (MZA-05-064/MPP-05-064) in 2005. Bear Creek West was never final platted. Development Impacts 6. Trip Generation: This development is estimated to generate 810 (150 for the church and 660 for the remaining land) additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation Manual, 8th edition. 7. 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. 8. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Overland N/A Principal 13,344 west of Better 35 MPH Road Arterial Meridian on 5/7/08 than "C" Stoddard 1050' Collector 2,058 south of Better 35 MPH Road Overland on 5/7/08 than <<C„ *Acceptable level of service for afive-lane principal arterial roadway is "E" (37,000 VTD). ''Acceptable level of service for athree-lane collector roadway is "D" (9,500 VTD). 9. Capital Improvements Plan/Five Year Work Program There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the District's Capital Improvements Plan or Five Year Work Program. B. Findings for Consideration Stoddard Road Right-of-Way/Street Section Policy: District policy 72-F1 B requires collector roadways to be constructed as 46-foot street sections with vertical curb, gutter, and 5-foot detached (or 7-foot 2 DRAFT Five Twelve Subdivision/CUP09-013 attached) concrete sidewalks within 70-feet of right-of-way. This street section allows for the construction of a 3-lane roadway with bike lanes. Applicant's Proposal: The applicant has proposed to construct Stoddard Road as one-half of a 46-foot street section with vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached concrete sidewalk within 25-feet of right-of-way and a 10-foot sidewalk easement. Staff Comment/Recommendation: The applicant's proposal meets District policy, and should be approved, as proposed. 2. Kodiak Drive (New Roadway) 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 District staff. 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's Proposal: The applicant has proposed to construct the first 150-feet of Kodiak Drive west of Stoddard with 36-feet of pavement separated (24-feet and 12-feet) by an 11.6-foot wide center landscape island, vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached concrete sidewalk on the south side of Kodiak and with a 3-foot gravel shoulder and barrow ditch on the north. These improvements would be constructed within 64-feet of right-of- way and a 10-foot wide sidewalk easement. The roadway is proposed to taper to one half of a 36-foot street section with 24-feet of pavement, vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached sidewalk on the south side of Kodiak with a 3-foot wide gravel shoulder and barrow ditch on the north. These improvements would be constructed within 50-feet of right-of-way and a 10-foot wide sidewalk easement. Staff Comment/Recommendation: The applicant's proposal for the first 150-feet of Kodiak Drive meets District policy, with the exception of the 12-foot wide street section on the north side of the proposed center landscape island. District policy requires a minimum 21-foot street section on either side of a center landscape island. Because of this the applicant should be required to construct the north side of Kodiak Drive with a minimum of 21-feet of pavement. The applicant's proposal for the remaining segment of Kodiak Drive meet's District Residential Collector roadway policy, and should be approved as proposed. With ACHD's prior action on this site it was determined that Kodiak Drive would be constructed as a residential collector roadway from Stoddard Road through this site extending west out to Linder Road. Front-on housing and on-street parking are prohibited on residential collector roadways. The applicant will be required to coordinate a signage program to restrict parking on Kodiak Drive with District Development Review and Traffic Services staff. 3 DRAFT Five Twelve Subdivision/CUP09-013 3. Roadway Offsets Roadway Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a minimum of 150-feet from a collector roadway (measured centerline to centerline). District policy 7204.11.6, requires residential collector roadway to align or offset a minimum of 200-feet from a collector roadway (measured centerline to centerline). Applicant Proposal: The applicant has proposed to construct one roadway to intersect Stoddard Road, Kodiak Drive, located at the north property line, aligned centerline to centerline with Kodiak Drive on the east side of Stoddard. Staff Comment/Recommendation: The applicant's proposal meets District policy and should be approved, as proposed. 4. 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." Turnaround Policy: 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 Proposal: The applicant has proposed to construct one stub street to the west, Kodiak Drive, located at the north property line. Staff Comment/Recommendation: The applicant's proposal meets District Policy, and should be approved, as proposed. Because the stub street is longer than 150-feet in length the applicant will be required to construct a temporary cul-de-sac turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." The turnaround should be designed to provide an outside radius of 45-feet. 5. Driveways Access Management 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. 4 DRAFT Five Twelve Subdivision/CUP09-013 Driveway Location Policy: District policy 72-F4 (2) requires driveways located on collector roadways near a stop controlled intersection to be located a minimum of 150-feet from the intersection for afull-access driveway and a minimum of 110-feet from the intersection for a right-in/right-out only driveway. Successive Driveway Policy: District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. Driveway Width Policy: 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. Driveway Paving Policy: 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's Proposal: The applicant has proposed to construct two driveways, one 30-foot wide driveway to intersect Stoddard Road, located approximately 370-feet (measured near edge to near edge) south of the proposed Kodiak Drive, and one 30-foot wide driveway to intersect the proposed Kodiak Drive located approximately 365-feet (measured near edge to near edge) west of Stoddard Road. Both driveways are to provide access to the proposed LDS Church. Staff Comments/Recommendations: The applicant's proposal to construct one driveway to intersect Stoddard Road does not meet District Access Management Policy Section 7207.8 and typically would not be approved as proposed. However, staff could support a driveway onto Stoddard Road if the driveway was shifted 40-feet south to the property line and a cross access agreement was in place between the two lots within this proposed subdivision to ensure that access through the driveways to the adjacent lot could occur. Staff recognizes that the lot adjacent to the proposed church is zoned for residential use and the City of Meridian's Comprehensive plan also identifies this area as residential land uses. ACHD does not anticipate residential homes to be accessed via the driveway, but in the event that the adjacent lot goes through a comprehensive plan amendment and rezoning process in the future the driveway could be shared between the church and office or neighborhood commercial uses. The shared driveway would reduce the number of access points on to Stoddard Road. If the driveway is not relocated to the south property line and a cross access agreement is not in place, then the driveway onto Stoddard Road will not be allowed as proposed since it does not meet District Access Management policy. Staff recommends that if two access points are necessary to service the church site than an additional driveway be constructed on Kodiak Drive west of the proposed center landscape island. The applicant's proposal for the driveway on Kodiak Drive meet's District policy and should be approved as proposed. 6. 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 5 DRAFT Five Twelve Subdivision/CUP09-013 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. Landscaping A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 8. Other Access Stoddard Road is classified as a collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. Kodiak Drive is classified as a residential collector roadway. Access to Kodiak Drive will be necessary to provide access to Lot 2 of the subdivision. Staff will review access to Kodiak Drive with a future development application. C. Site Specific Conditions of Approval Construct Stoddard Road as one-half of a 46-foot street section with vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached concrete sidewalk, as proposed. Provide ACHD with a sidewalk easement for any segment of the sidewalk located outside of the right-of-way. 2. Construct Kodiak Drive to intersect Stoddard Road, located at the north property line, align the roadway centerline to centerline with Kodiak Drive on the east side of Stoddard Road. 3. Construct the first 150-feet of Kodiak Drive west of Stoddard Road with a minimum 21-feet of pavement on both the north and south street sections, an 11.6-foot wide center landscape island, vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached concrete sidewalk on the south side of Kodiak and with a 3-foot gravel shoulder and barrow ditch on the north. Provide a sidewalk easement for any segment of the sidewalk located outside of the right-of-way. 4. Construct the remaining segment of Kodiak drive as one-half of a residential collector street section with a minimum 24-feet of pavement, vertical curb, gutter, and 5-foot wide concrete sidewalks on the south side of the roadway with a 3-foot wide gravel shoulder and barrow ditch on the north side of the roadway. Front-on housing and on-street parking are prohibited on residential collector roadways. Provide a sidewalk easement for any segment of the sidewalk located outside of the right-of-way. Coordinate a signage program to restrict parking on Kodiak Drive with District Development Review and Traffic Services staff. 5. Construct Kodiak Drive as a stub street to the west located at the north property line. Construct a temporary cul-de-sac turnaround at the terminus of the roadway. The turnaround should be designed to provide a minimum outside turning radius of 45-feet. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 6 DRAFT Five Twelve Subdivision/CUP09-013 6. Construct one 30-foot wide driveway onto Stoddard Road located at the south property line. Provide a cross access agreement and a note on the plat between Lots 1 and 2 of the subdivision. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement. If the driveway is not relocated to the south property line and a cross access agreement is not in place, then access to Stoddard Road shall be prohibited. 7. Construct one 30-foot wide driveway onto Kodiak Drive, located 365-feet west of Stoddard Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement. 8. Other than the access specifically approved with this application, direct lot access is prohibited to Stoddard Road and shall be noted on the final plat. 9. Comply with all Standard Conditions of Approval. l~. 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 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 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. 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 7 DRAFT Five Twelve Subdivision/CUP09-013 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 applicaint 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 High~Nay District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordination 4. 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SITE PLAN FOR: sMi, Nn ,,,~ i:ee»,e"~na MCH~DInN, non couNtt, IonNO CONDITIONAL USE PERMIT 10 DRAFT Five Twelve Subdivision/CUP09-013 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 fo the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 11 DRAFT Five Twelve Subdivision/CUP09-013 ®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 ACRD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction -Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment & Erosion Submittal At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACRD Construction -Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ Idaho Power Company Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 12 DRAFT Five Twelve Subdivision/CUP09-013 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. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 13 DRAFT Five Twelve Subdivision/CUP09-013 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACRD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 14 DRAFT Five Twelve Subdivision/CUP09-013