HomeMy WebLinkAboutACHD Commentst ~~~~
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April 27, 2010
Sherry R. Huber, President
Rebecca W. Arnold, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
Sara M. Baker, Commissioner
Owner: Instant Equity Auto
Daniel Barrop
10221 W. Fairview Ave.
Boise, Idaho 83704
Applicant: Biltmore Company
Kevin Amar
3681 N. Locust Grove Rd.
Meridian, Idaho 83642
Subject: MCZC-08-010/ MALT-08-004
1065 E. Fairview Ave.
Certificate of zoning compliance and alternative compliance application
for an auto sales lot on . 74-acres. This site is located on the south side of
Fairview Avenue west of Stonehenge Way.
On April 27, 2010, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
~~ /~cPA_a~.-
Kristy Heller
Planner I
Right-of-Way & Development Services
Ada .County Highway District
CC: Project file, Utilities
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
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D
Right-of-Way & Development Services
Department
Project/File: MCZC-08-010/ MALT-08-004
This is a certificate of zoning compliance and alternative compliance application for
an auto sales lot on .74-acres. This site is located on the south side of Fairview
Avenue west of Stonehenge Way.
Lead Agency: City of Meridian
Site address: 1065 E. Fairview Ave.
Staff
Approval: April 27, 2010
Owner: Instant Equity Auto
Daniel Barrop
10221 W. Fairview Ave.
Boise, Idaho 83704
Applicant: Biltmore Company
Kevin Amar
3681 N. Locust Grove Rd.
Meridian, Idaho 83642
Staff Contact:
Kristy Heller
Phone: 387-6171
E-mail: kheller(a)_achd.ada.id.us
Tech Review: April 16, 2010 (via email)
Application Information:
Acreage: .74
Zoning: C-G
Existing Square Footage: 1,100
A. Findings of Fact
Existing Conditions
1. Site Information: This site has an existing 1,100 square foot residence that will be converted to an
office for the auto sales.
2. Descri tion of Adjacent Surroundin Area:
Direction Land Use Zonin
North General Retail & Service Commercial District Devon Park Sub C-G
South Medium hi h-Densit Residential District R-15
East Residential District R1 M
West Medium Hi h-Densit Residential District C-2/C-G
Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site
• Fairview Avenue is improved with 5-travel lanes, 74-feet of pavement, and no curb, gutter or
sidewalk abutting the site within 100-feet of right-of-way (50-feet from centerline).
MCZC-08-010/ MALT-08-004
• Jericho Way (north of the site across Fairview Avenue) is improved with 2-travel lanes, 39-feet
of pavement, with vertical curb, gutter and 5-foot wide attached concrete sidewalk within 60-feet
of right-of-way.
3. Existing Access: There are two defined access points for this site onto Fairview Avenue.
Staff Comments on Existing Access: During pre-application meetings in 2008 staff met with the
applicant and the applicant's representatives several times to discuss access to this site. During
those meeting the applicant presented staff with a 1955 warranty deed and plans from a 1961 US
Highway 30, Federal Aid project depicting access to the site in its current locations. The warranty
deed and highway plans were prepared for and by the Idaho Transportation Department (ITD) when
Fairview Avenue was US Highway 30 and under the jurisdiction of ITD.
ACHD's General Council reviewed the warranty deeds and highway plans. Through that review it
was determined that deeded access was only valid while Fairview Avenue was under the
jurisdiction of ITD. Now that Fairview Avenue is under the jurisdiction of ACHD the deeds become
null and void. The applicant was made aware that ACHD is required to provide adequate access to
their site.
In an attempt to secure a full access driveway onto Fairview Avenue prior to submitting a
development application, the applicant submitted a driveway approach permit request. Staff
approved the request to relocate an existing driveway on the site with conditions that the driveway
is for the existing use only and that the driveway may change or be restricted in the future based on
the review of a development application or change in use. This driveway was never constructed.
4. Site History: ACRD has previously reviewed the following development applications involving this
site:
• A conditional use application (MCUP03-0037) was approved by ACRD Commission for an
auto sales dealership on August 6, 2003.
• A certificate of zoning compliance (MCZC-06-168/169) was approved for two professional
office buildings (total of 14,000 square feet) on October 18, 2006. The requirements of this
development application are consistent with previous actions for this parcel.
5. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• A master site plan application (200900128-MSP) for a pool & spa business was approved by
ACHD on Sept. 8, 2009 located immediately west of the site.
• A certificate of zoning compliance, design review, alternative compliance, and appeal
application (MCZC-09-056/MDES-09-037/MALT-09-018/MAP-10-001) was approved for a
1,961 square foot addition to an existing Pet Care Clinic located east of the site.
• A preliminary plat, annexation and rezone and conditional use application (MPP-06-028/
MAZ-06-028/ MCUP-06-021) was approved fora 48-unit condominium plat (Touchstone
Place) on July 20, 2006 located east of the site.
Development Impacts
6. Trip Generation: This development is estimated to generate 36 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
or occupancy permits. The assessed impact fee will be based on the impact fee ordinance that is in
effect at that time.
2 MCZC-08-010/ MALT-08-004
8. Impacted Roadways:
Roadway Frontage Functional Traffic Count Level of Speed
Classification Service* Limit
28,070 west of Locust Grove Road on Better 35
Avenue 89' Principal Arterial 11/12/2009 than "C° MPH
Jericho Way 0' 1,398 south of Chateau Drive on 11/4/2008 N/A
Commercial MPH
* Acceptable level of service for afive-lane principal arterial roadway is "E" (37,000 ADT).
9. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP):
• Fairview Avenue is listed in the Capital Improvements Plan for corridor preservation to
accommodate widening to 7 lanes in between Main Street and Locust Grove Road.
• The intersection of Fairview Avenue and Locust Grove Road is listed in the Capital
Improvements Plan to be reconstructed/widened (7-lanes: north & south legs, 8-lanes: west leg,
9-lanes: east leg) between 2019 and 2027.
• Fairview Avenue is scheduled in the Five Year Work Plan to manage access by installing
islands/barriers from Linder Road to Orchard Street in 2013.
B. Findings for Consideration
1. Fairview Avenue Concept Design: Linder Road to Orchard Street
As part of the Fairview Avenue, Linder Road to Orchard Street Concept Design, ACRD is
developing an access management plan to increase safety and reduce congestion along the
corridor. The goal of this concept design is to determine the best future use for Fairview Avenue
and develop a long-range transportation plan to improve mobility throughout the corridor.
Purposes of the project include improving safety; determining transportation needs of the corridor;
determining how to accommodate future traffic demand; evaluating bicycle, pedestrian and transit
options; improving traffic operations; and determining lane configurations. The current draft of the
concept plan calls for an access management plan and will encourage access to be taken from
adjacent cross streets and shared access points.
2. Fairview Avenue
Arterial Right-of--Way Policy: District policy requires 120-feet of right-of-way for 7-lane principal
arterial roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 7-lane
roadway with curb, gutter, and 5-foot detached sidewalks.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires that the Master Street Map
(MSM) guide the right-of-way acquisition, collector and arterial street requirements, and specific
roadway features required through development. This segment of Fairview Avenue is designated
in the MSM as a Mobility Arterial with 7-lanes and on-street bike lanes, a 100-foot street section
within 124-feet of right-of-way.
Meridian Pathways Master Plan: The Meridian Pathways Master Plan (MPMP) was adopted on
July 19, 2009. As identified in the MPMP, the Five Mile Creek Pathway intersects the north side
of Fairview just west of Barbra (across from E. Fairview). It continues along the north side of
Fairview (10' asphalt pathway) to the east edge of Lakes. It then crosses to the south side of
Fairview, where one leg continues south down Lakes and a second leg proceeds east on the
south side of Fairview to the east edge of Stonehenge. The pathway then turns south and
continues down the east side of Stonehenge to reconnect with an existing pathway segment.
Existing Conditions: There is 74-feet of pavement, and no curb, gutter, or sidewalk within 100-
feet of right-of-way on Fairview Avenue.
Applicant Proposal: The applicant is proposing to dedicate an additional 10-feet of right-of-way
abutting the site on Fairview Avenue. The applicant is also proposing to construct a 5-foot wide
3 MCZC-08-010/ MALT-08-004
3.
detached concrete sidewalk abutting the site on Fairview Avenue located 54-feet from the
centerline of the roadway.
Staff Recommendation: The applicant's proposal meets District policy and should be approved,
as proposed. This section of Fairview Avenue is part of the City of Meridian's Pathway's Master
Plan. In prior applications, the City of Meridian has indicated that they would require the
construction of a 10-foot wide asphalt path on Fairview Avenue in lieu of sidewalk abutting the
site. District staff would be supportive of this alternative as it would be consistent with the findings
and recommendations of the City of Meridian's Pathways Master Plan.
The District is currently acquiring right-of-way to accommodate the eventual widening of Fairview
Avenue to 7-lanes abutting the site. Because of this the applicant will be required to dedicate an
additional 10-feet of right-of-way, to bring the total right-of-way width to 60-feet from the centerline
of Fairview Avenue abutting the site OR enter provide a 10-foot wide sidewalk easement abutting
the site for Fairview Avenue. The applicant will be required to enter into a sidewalk easement for
any portion of the sidewalk (or pathway) located outside of ACRD right-of-way abutting the site.
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.
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.
Commercial Driveway 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 Proposal: The applicant is proposing to construct one 25-foot wide driveway onto
Fairview Avenue located approximately 109-feet west of the east property line (measured
property line to near edge)
There are three existing driveways adjacent to the site from the proposed driveway. One located
73-feet west of the proposed driveway, one located 130-feet east of the proposed driveway, and
one located across Fairview Avenue 114-feet west of the proposed driveway (all measured near
edge to near edge).
The applicant is also proposing to provide cross access via a paved 20-foot wide drive aisle to
both the east and west property lines. The eastern drive aisle could provide future access to the
site from Jericho Way, a signalized intersection, when it is extended south of Fairview Avenue.
The driveway on Fairview Avenue will be restricted and/or closed as cross access becomes
available as surrounding properties redevelop.
Staff Comment/Recommendation: The applicant's proposal for the existing driveway does not
meet District access management or successive driveway policy. However, until such time that
Jericho Way is extended south of Fairview Avenue abutting this site, the applicant does not have
4 MCZC-08-010/ MALT-08-004
any alternative access available. Staff recommends a modification of policy to allow the 25-foot
wide paved driveway onto Fairview Avenue,. as proposed. The proposed driveway on Fairview
Avenue shall be restricted or eliminated in the future due to its close proximity to the future
signalized intersection at Jericho Way.
When Jericho Way is extended south of Fairview Avenue, the applicant may be required to take
all access to the site from the adjacent properties via a new local roadway or private drive aisle.
4. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACRD
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 alt 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
Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8-
feet in width without the installation of root barriers. Class II trees may be allowed in planters with
a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a
minimum width of 10-feet.
5. Other Access
Fairview Avenue is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway.
C. Special Recommendation to the City of Meridian
As identified in Finding #1 (above), Fairview Avenue abutting this site is part of the Fairview
Avenue, Linder Road to Orchard Street Concept Design with the goal of developing an access
management plan to increase safety and reduce congestion along the corridor. The current draft
of the concept plan calls for an access management plan and will encourage access to be taken
from adjacent cross streets and shared access points. In accordance with this access
management plan, ACHD staff recommends that the City of Meridian require the applicant to
provide cross access to the adjacent parcels so that the number of driveways onto Fairview
Avenue can be reduced in the future. Should the City of Meridian require cross access with the
adjacent parcels, the applicant should be required to provide documentation to the District of
those cross access agreements.
D. Site Specific Conditions of Approval
1. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the site OR
provide a 10-foot wide sidewalk easement. The right-of-way purchase and sale agreement and
deed must be completed and signed by the applicant prior to scheduling the final plat for signature
by the ACHD Commission or prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after
receipt of all requested material. The District will purchase the right-of-way which is in addition to
existing right-of-way from available Corridor Preservation Funds.
2. Construct a 5-foot wide concrete sidewalk abutting the site on Fairview Avenue located 54-feet
from the centerline of the roadway, as proposed.
3. Provide a sidewalk easement for any portion of the sidewalk located outside of ACHD right-of-way
abutting the site on Fairview Avenue.
4. Construct one 25-foot wide paved driveway on Fairview Avenue located approximately 109-feet
west of the east property line (measured property line to near edge). This access shall be
restricted or eliminated in the future.
5 MCZC-08-010/ MALT-08-004
5. Pave the driveway its full width at and at least 30-feet into the site beyond the edge of pavement
of Fairview Avenue.
6. Enter into a license agreement for any landscaping located within ACRD right-of-way abutting the
site.
7. Other than access specifically approved with this application, direct lot access to Fairview Avenue
is prohibited.
8. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
5. Comply with the District's Tree Planter 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.
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 (1-811-342-1585) at least two full business days prior
to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
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.
6 MCZC-08-010/ MALT-08-004
F. 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. Request for Reconsideration Guidelines
7 MCZC-08-010! MALT-08-004
Site Plan
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8 MCZC-08-010/ MALT-08-004
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway
and road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5) working days upon notification of required right of way
improvements by Highway entities, developers shall provide written notification to the affected
utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include
but not be limited to, project limits, scope of roadway improvements/project, anticipated
construction dates, and any portions critical to the right of way improvements and coordination
of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the
utility owners. Conference notification shall also be sent to the UCC. During the review meeting
the, developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for a-mail notification information.
9 MCZC-08-010/ MALT-08-004
Development Process Checklist
Submit a development application to a City or to the County
The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or
part of a previous development application and that the site specific requirements from the previous development
also apply to this development application.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACRD, 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.
DlD YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of--Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified
Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACHD
Drainage Division.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
^ Final Approval from Development Services
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
10 MCZC-08-010/ MALT-08-004
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 ACRD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with
the Secretary of Highway Systems, which must be filed within ten (10) working
days from the date of the decision that is the subject of the appeal. The notice of
appeal shall refer to the decision being appealed, identify the appellant by name,
address and telephone number and state the grounds for the appeal. The
grounds shall include a written summary of the provisions of the policy relevant
to the appeal and/or the facts and law relied upon and shall include a written
argument in support of the appeal. The Commission shall not consider a notice
of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the
date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may
also consider and/or modify the decision that is being appealed. A copy of the
reply and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant
of the ROWDS Manager's reply to the notice of appeal. A copy of the decision
being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm
or reverse, in whole or part, or otherwise modify, amend or supplement the
decision being appealed, as such action is adequately supported by the law and
evidence presented at the hearing.
11 MCZC-08-010/ MALT-08-004
Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACRD
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.
c. The request for reconsideration must be supported by written documentation setting
forth new facts and information not presented at the earlier meeting, or a changed
situation that has developed since the taking of the earlier vote, or information
establishing an error of fact or law in the earlier action. The request may also be
supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACRD 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.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to
cover administrative costs, as established by the Commission.
12 MCZC-08-010/ MALT-08-004