ACHD ReportPaul Woods, President
Rebecca W. Arnold, Vice President
Sara M. Baker, Commissioner
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
______________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
April 24, 2017
To: S3 Investment LP, via email, via email
1937 S. Roosevelt Street
Boise, ID 83705
Subject: MER16-0076/ A-2017-0061
1770 S. Linder Road
Linder Road Apartments
On October 14, 2016, the Ada County Highway District approved H-2016-0111 for annexation,
rezone, and conditional use permit for Linder Road Apartments. The site specific conditions of
approval also apply to A-2017-0061.
If you have any questions, please feel free to contact me at (208) 387-6218.
Sincerely,
Dawn Battles
Planner
Development Services
cc: City of Meridian, via email
Kent Brown Planning Services, via email
Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way
(including all easements). Any existing irrigation facilities shall be relocated outside of the
ACHD right-of-way (including all easements).Private Utilities including sewer or water
systems are prohibited from being located within the ACHD right-of-way.
2. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
3. 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.
4. A license agreement and compliance with the District’s Tree Planter policy is required for
all landscaping proposed within ACHD right-of-way or easement areas.
5. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
6. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7. 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.
8. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all
applicable ACHD Standards unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans.
9. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
10. 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 ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
11. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that
time. Any change in the planned use of the property which is the subject of this
application, shall require the applicant to comply with ACHD Policy and Standard
Conditions of Approval in place at that time unless a waiver/variance of the requirements
or other legal relief is granted by the ACHD Commission.
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Development Services Department
Project/File: Linder Road Apartments/ MER16-0076/ H-2016-0111
This is an annexation, rezone, and conditional use permit to construct a 64-unit multi-
family development on 4.4-acres.
Lead Agency: City of Meridian
Site address: 1770 S Linder Road
Staff Approval: October 14, 2016
Applicant: S3 Investments, LP
Steven Schmidt
1937 S Roosevelt Street
Boise, ID 83705
Representative: Kent Brown Planning Services
3161 E Springwood Drive
Meridian, ID 83642
Staff Contact: Stacey Yarrington
Phone: 387-6171
E-mail: syarrington@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of an annexation with rezone
from RUT (Rural Urban Transition) to R-15 (Medium high density residential), and a conditional
use permit to construct a 64-unit multi-family development on 4.4-acres.
The City of Meridian’s comprehensive plan designates this area as medium density residential.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Rural Urban Transition (Ada County) RUT
South Medium density residential R-8
East Medium density residential R-8
West Community Business C-C
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Southridge Subdivision, a mixed use development on 290-acres is located directly west of the
site, is in various phases of development, and was approved by ACHD on September 12,
2007.
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• Fallcreek Subdivision, a 296 residential lot development, located directly south of the site, is in
various phases of development, and was approved by ACHD on March 6, 2013.
• Fall Creek Meadows, a 95 residential lot development, located directly south of the site, a
portion of this site was part of the Fallcreek subdivision above, was approved by ACHD on
March 15, 2016.
5. Transit: Transit services are not available to serve this site.
6. New Center Lane Miles: There are no new centerline miles of public roadway associated with
this project.
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. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
There are currently no roadways, bridges or intersections in the general vicinity of the project that
are currently in the Integrated Five Year Work Plan (IFYWP).
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Victory Road to
Overland Road between 2021 and 2025.
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Overland Road to
Franklin Road between 2031 and 2035.
• The intersection of Overland Road and Linder Road is listed in the CIP to be widened to 5-
lanes on the north leg, 5-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and
signalized between 2031 and 2035.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 426 additional vehicle trips per day;
40 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation
Engineers Trip Generation Manual, 9th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a five-lane principal arterial is “E” (1,770 VPH).
* Acceptable level of service for a two-lane minor arterial is “D” (550 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD’s most current traffic counts.
• The average daily traffic count for Overland Road east of Linder Road was 11,018 on
6/5/2014.
• The average daily traffic count for Linder Road south of Overland Road was 1,368 on
3/29/2011.
Roadway Frontage Functional
Classification
PM Peak
Hour
Traffic Count
PM Peak
Hour Level
of Service
Existing
Plus
Project
Overland Road 0-feet Principal
Arterial 762 Better than
“E”
Better than
“E”
Linder Road 161-feet Minor Arterial 104 Better than
“D”
Better than
“D”
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C. Findings for Consideration
1. Linder Road
a. Existing Conditions: Linder Road is improved with 2-travel lanes, and no curb, gutter or
sidewalk abutting the site. There is 80-feet of right-of-way for Linder Road (25-feet from
centerline).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within
96-feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide
between the back-of-curb and street edge of the sidewalk is required to provide increased
safety and protection of pedestrians. Consult the District’s planter width policy if trees are to
be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a
minimum of 7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall
widen the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel
shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be
required (See Section 7205.5.5).
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Linder Road is designated in the
MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 71-foot street section
within 97-feet of right-of-way.
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c. Applicant Proposal: The applicant is proposing to construct Linder Road with curb, gutter,
and 7-foot wide attached sidewalk, within the existing right-of-way, abutting the site.
d. Staff Comments/Recommendations: The applicant’s proposal does not meet District policy
and should not be approved, as proposed.
The applicant should be required to dedicate additional 23-feet of right-of-way to total 48-feet
of right-of-way from centerline of Linder Road abutting the site. Right-of -way dedication is
impact fee eligible for compensation.
The applicant should be required to construct a detached 5-foot wide concrete sidewalk
located minimum 42-feet from centerline of Linder Road (measured from near edge of
sidewalk) abutting the site.
The applicant should provide the District with a permanent right-of-way easement for any
sidewalk located outside of the right-of-way.
The applicant should be required to widen the pavement to minimum 17-feet from centerline,
plus a 3-foot wide gravel shoulder along Linder Road abutting the entire site.
2. Driveways
Linder Road
a. Existing Conditions: There are 2 residential driveways and 1 agricultural driveway onto
Linder Road from the site.
b. Policy
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken f rom the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1a under District policy 7205.4.6, unless a waiver for the access point has been
approved by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor
arterial roadways from a signalized intersection with a single left turn lane shall be located a
minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a
minimum of 660-feet from the intersection for a full-movement driveway.
Successive Driveways: District policy 7205.4.6 Table 1a, requires driveways located on
minor arterial roadways with a speed limit of 50 MPH to align or offset a minimum of 425-feet
from any existing or proposed driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for
high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii
will be required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, 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 in
accordance with Table 2 under District Policy 7205.4.8.
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c. Applicant’s Proposal: The applicant is proposing to construct a full access 25-foot wide
driveway, located 418-feet south of Overland Drive and 196-feet north of Spanish Sun Way,
onto Linder Road from the site.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District
Successive Driveway and Driveway Location policies and should not be approved, as
proposed. The driveway is located too close to the Linder Road/Overland Road signalized
intersection, and too close to the Linder Road/Spanish Sun Way intersection.
However, staff recommends a modification of policy to allow the driveway to be located as
proposed, but restricted to right-in/right-out with the installation of a raised 6-inch median.
Staff’s recommendation is due to the fact that there is not enough frontage to meet District
policies, and there is no access to a lesser classified road; as well as the speed limit on Linder
Road may be reduced to 40 MPH when the road is improved or volumes warrant. The
applicant should coordinate the location and installation of the median with District
Development Review and Traffic Services staff. This modification is approved at the acting
Deputy Director/ Manager’s discretion.
To obtain full access to the site, the applicant could work with the adjacent property owner to
the south to acquire property to align a driveway with Spanish Sun Way on the east side of
Linder Road. Or, the applicant could work with the adjacent property owner(s) to the north to
acquire access on to Overland Road.
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 Linder Road from the site.
3. Tree Planters
Tree Planter Policy: 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.
4. Landscaping
Landscaping Policy: 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.
5. Other Access
Linder Road is classified as a minor arterial roadway. Other than the access specifically approved
with this application, direct lot access is prohibited to this roadway.
D. Site Specific Conditions of Approval
1. Dedicate additional 23-feet of right-of-way to total 48-feet of right-of-way from centerline of Linder
Road abutting the site.
2. Construct a detached 5-foot wide concrete sidewalk located minimum 42-feet from centerline of
Linder Road abutting the site.
3. Provide the District with a permanent right-of-way easement for any sidewalk located outside of
the right-of-way.
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4. Widen the pavement to minimum 17-feet from centerline, plus a 3-foot wide gravel shoulder along
Linder Road abutting the entire site.
5. Construct a 25-foot wide curb return driveway and raised 6-inch median to restrict to right-in/right-
out, located 418-feet south of Overland Drive and 196-feet north of Spanish Sun Way, onto Linder
Road from the site.
6. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of
the roadway from Linder Road.
7. Payment of impacts fees are due prior to issuance of a building permit.
8. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of -way (including
all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-
of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant’s engineer should provide
documentation of ADA compliance to District Development Review staff for review.
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. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of -way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. 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.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. 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 ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
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12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless a waiver/variance of the requirements or other legal relief is
granted by the ACHD Commission.
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.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
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VICINITY MAP
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SITE PLAN
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Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway
and road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5) working days upon notification of required right of way
improvements by Highway entities, developers shall provide written notification to the affected
utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include
but not be limited to, project limits, scope of roadway improvements/project, anticipated
construction dates, and any portions critical to the right of way improvements and coordination
of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the
utility owners. Conference notification shall also be sent to the UCC. During the review meeting
the developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for e-mail notification information.
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Development Process Checklist
Items Completed to Date:
Submit a development application to a City or to Ada County
The City or the County will transmit the development application to ACHD
The ACHD Planning Review Section will receive the development application to review
The Planning Review Section will do one of the following:
Send a “No Review” letter to the applicant stating that there are no site specific conditions of approval at
this time.
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.
Items to be completed by Applicant:
For ALL development applications, including those receiving a “No Review” letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section 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 assessment.)
• 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 (Non-Subdivisions)
Driveway or Property Approach(s)
• Submit a “Driveway Approach Request” form to 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-Construction Meeting an Erosion & Sediment Control Narrative & Plan,
done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD
Stormwater Section.
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 is required prior to scheduling a Pre-Con.
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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 Development Services Manager when it is alleged that the
Development Services 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 Development Services 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
Development Services 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.