ACHD Comments~~3
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June 14, 2010
To: Idaho Self-Storage, Linder, LLC
Chip Gallaher
8312 W. Northview St, Ste. 120
Boise, Idaho 83704
Sherry R. Huber, President
Rebecca W. Arnold, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
Sarah M. Baker, Commissioner
Subject: MCZC-10-027
This is a certificate of zoning compliance application for 64, 602 square feet of
self storage units with an office on 3.49-acres. This site is located on the east
side of Linder Road, north of McMillan Road in Meridian, Idaho.
On June 14, 2010 the Ada County Highway District Staff 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,
~~-~-
Kristy Heller
Planner I
Right-of--Way & Development Services
Ada County Highway District
CC: Project file
City of Meridian
Architectural Planning & Design Group, PLLC
Brighton Corp
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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Project/File: MCZC-10-027
This is a certificate of zoning compliance application for 64, 602 square feet
of self storage units with an office on 3.49-acres. This site is located on the
east side of Linder Road, north of McMillan Road in Meridian, Idaho.
Lead Agency: City of Meridian
Site Location: 5120 N. Linder Road
Staff Approval: June 14, 2010
Applicant: Idaho Self-Storage, Linder, LLC
Chip Gallaher
8312 W. Northview St, Ste. 120
Boise, Idaho 83704
Representative: Architectural Planning &
Design Group, PLLC
P.O. Box 2182
Boise, Idaho 83701
Staff Contact: Kristy Heller
Phone: 387-6171
E-mail: khellert'a~achdidaho orq
Tech Review : May 28, 2010 (via email)
Application Information:
Acreage: 3.49
Zoning: C-G (General Retail & Service Commercial District)
Proposed Use: Self Storage Units
Square Footage: 64,602
A. Findings of Fact
Existing Conditions
1. Site Information: The site is vacant.
2. Descri tion of Ad'acent Surroundin Area:
Direction Land Use Zonin
North Rural Urban Transition/Medium-Densit Residential District RUT/R-8
South General Retail & Service Commercial District (Commercial C-G
Southwest Sub #1
East Medium-Densit Residential District Paramount Sub #14 R-8
West Medium-Density Residential District (Fulfer Sub #1) R_g
Right-of-Way & Development Services Department
1 MCZC-10-027
3. Existing Roadway Improvements and Right-of--Way Adjacent To and Near the Site:
• Adjacent to the site, Linder Road is improved with 5 traffic lanes, 71-feet of
pavement, vertical curb, gutter, and 5-foot wide detached concrete sidewalk within
86-feet of right-of-way (40-feet from centerline).
• Near the site, McMillan Road is improved with 3 traffic lanes, 45-feet of pavement,
vertical curb, gutter and 5-foot wide detached concrete sidewalk.
• The intersection of Linder Road and McMillan Road is signalized, and fully improved
with turn lanes, and curb, gutter and sidewalk.
4. Existing Access: There is no direct access to this site from Linder Road.
5. Existing Condition of Area Roadways:
Roadway Frontage Functional Traffic Count Level of Speed
Classification Service* Limit
Linder Road 135' Principal 7,781 south of Chinden Boulevard Better 40 MPH
Arterial on 10/8/2008 than "C"
McMillan 0' Minor Arterial 4,943 west of Linder Road on Better 40 MPH
Road 9/25/2008 than "C"
*A n .-.4.~L.1.. I.. ..I ..t . _ r_._
• .~~~N~a~~~ ~~~~~ lJl AC'il VIGC wr c1 nve-lane pnncipai ar<enai roadway is "E" (37,000 ADT).
*Acceptable level of service for athree-lane minor arterial roadway is "D" (17,000 ADT).
6. Site History: The District previously reviewed this site in August 2007 as part of Paramount
Commercial Subdivision (MPP-07-011 & MMI-07-007), an 18-lot commercial subdivision.
Development Impacts
7. Trip Generation: This development is estimated to generate approximately 162 additional vehicle
trips per day, based on the Institute of Transportation Engineers. Trip Generation Manual, 8~' edition.
8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
9. Capital Improvements Plan (CIP) /Five Year Work Plan (FYWP):
There are no roads, intersections, or bridges in the general vicinity of the development that are
programmed for improvement in the current Five Year Work Plan.
The following improvements are listed in the District's Capital Improvement Plan (CIP).
• Linder Road is listed to be widened to 5-lanes from north of McMillan Road to State Hwy
20/26 (Chinden Blvd) between 2019 and 2027.
• McMillan Road is listed to be widened to 3-lanes from Ten Mile Road to Linder Road
between 2019 and 2027.
• McMillan toad is listed to be widened to 3-lanes from Linder Road to Meridian Road
between 2019 and 2027.
B. Findings for Consideration
1. Linder Road
Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure
72-F1 B). This right-of--way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot
concrete detached sidewalks and bike lanes.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM)
guide the right-of-way acquisition, collector street requirements, and specific roadway features
required through development. This segment of Linder Road is designated in the MSM as a
2 MCZC-10-027
Residential Arterial with 5-lanes and on-street bike lanes, a 71-foot street section within 96-feet of
right-of-way.
Existing Conditions: Linder Road is improved to 5-lanes (71-feet of pavement), vertical curb,
gutter, and 5-foot wide detached concrete sidewalk within 86-feet of right-of-way on Linder Road.
Applicant's Proposal: The applicant is not proposing any improvements on Linder Road abutting
the site.
Staff Comment/Recommendations: Linder Road is fully improved with vertical curb, gutter and
detached 5-foot wide concrete sidewalk abutting the site. Therefore, the applicant will not be
required to dedicate any additional right-of--way or to make any additional roadway improvements
as part of this application.
2. Deercrest Drive
Right-of-Way Policy: District policy requires 54-feet of right-of-way on industrial/commercial
roadways (Figure 72-F1A). This right-of--way allows for the construction of a 3-lane roadway with
curb, gutter and 5-foot wide concrete sidewalks.
40-foot Street Section Policy: District policy 72-F1A requires Industrial/Commercial roadways to
be constructed as 40-foot street sections with vertical curb, gutter, and 5-foot attached concrete
sidewalks within 54-feet of right-of-way. This street section allows for the construction of a 3-lane
roadway.
One-half and 24-feet of pavement Policy: District policy 7203.4.2 states "if a proposed
development abuts an unpaved street or streets the developer shall construct one-half of the full
street improvements, including curb, gutter and concrete sidewalk plus additional pavement
widening beyond the centerline established for the street to provide a minimum 24-feet wide paved
surface. A 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway
storm runoff shall be constructed on the unimproved side. This street section shall be constructed
within a minimum 40-foot right-of-way."
Existing Conditions: The approach for the extension of Deercrest Drive was constructed as part
of the Linder Road and McMillan Road intersection project. The approach is 36-foot in width with
vertical curb, gutter and pedestrian ramps.
Applicant Proposal: The applicant is proposing to extend Deercrest Drive east abutting the site,
and construct curb, gutter and 5-foot wide sidewalk along the north side of the roadway.
Staff Comment/Recommendations: As noted above a 36-foot wide approach aligning with
Deercrest Drive on the west side of Linder Road was constructed as part of the Linder/McMillan
intersection project. At the time of construction it was unknown whether the approach would serve
a driveway or if it would be extended into the site as a public street. Since the completion of the
intersection project it has been determined that the- approach would be extended into the site as a
public street, Deercrest Drive, and would serve both commercial and residential development.
The .segment of Deercrest. Drive proposed to be constructed with this application will serve
commercial developments. Typically, commercial roadways are constructed as 40-foot street
sections with vertical curb, gutter and 5-foot wide sidewalk. The applicant has indicated a desire to
keep the existing approach width at 36-feet and to construct a 36-foot street section instead of the
standard 40-foot commercial street section. Staff agreed that a 36-foot street section could be
constructed since the roadway would serve both commercial and residential developments,
however, the roadway should be constructed with commercial road base and vertical curb and
gutter.
Therefore, staff recommends a modification of policy to allow the local/commercial roadway to be
constructed as one half of a 36-foot street section. The applicant should construct the street with a
minimum of 24-feet of pavement, vertical curb, gutter and 5-foot attached concrete sidewalk on the
3 MCZC-10-027
north side of the roadway, and a 3-foot wide gravel shoulder and drainage swale on the unimproved
side.
3. 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."
Temporary Turnaround Policy: District policy 7205.2 requires construction of a temporary cul-de-
sac with the same dimensional requirements as a standard cul-de-sac, with a minimum turning
radius of 45-feet where curb is required and 42-feet where curb is not required. The pavement width
shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without
backing. If a temporary turnaround is proposed to be located within a future building lot, the
temporary turnaround easement shall be for the entire building lot to prevent the easement from
being constructed over.
Applicant Proposal: The applicant is proposing to construct Deercrest Drive as a stub street to
the east property line, located approximately 633-feet east of Linder Road.
Staff Comment/Recommendations: The applicant's proposal meets District policy and should be
approved, as proposed. Because the roadway will extend greater than 150-feet the applicant
should be required to construct a temporary turnaround at the terminus of the roadway. The
turnaround should be designed to provide a minimum turning outside turning radius of 45-feet.
Additionally, the applicant should be required to install a sign at the terminus of the stub street
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
4. 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.
Successive Driveway Policy (40 MPH): District policy 72-F5, requires driveways located on
collector or arterial roadways with a speed limit of 40 to align or offset a minimum of 185-feet from
any existing or proposed driveway.
Intersection Offset Policy: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on
commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of
50-feet (measured near edge to near edge).
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.
Driveway Width Policy: District policy 7207.9.3 restricts commercial and institutional driveways
with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial
4 MCZC-10-027
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.
Applicant Proposal: The applicant is proposing to construct two driveways on Deercrest Drive.
One 30-foot wide driveway on Deercrest Road, located approximately 165-feet east of the
intersection of Deercrest Drive and Linder Road. The applicant is also proposing one 25-foot wide
gated emergency access driveway on Deercrest Drive, located approximately 30-feet west of the
east property line (measured property line to near edge).
Staff Comment/Recommendation: The applicant's proposal to construct two driveways on
Deercrest Drive meets District policy and should be approved, as proposed. The applicant will be
required to pave both driveways their full width and at least 30-feet into the site beyond the edge of
pavement of the roadway. Coordinate the location of the emergency access gate with District
Development Review staff.
5. Landscaping
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.
License Agreements: 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 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.
6. Other Access
Linder Road 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. Site Specific Conditions of Approval
1. Locate Deercrest Drive to align centerline to centerline with Deercrest Street on the west side of
Linder Road.
2. Construct Deercrest Drive as a 36-foot wide local/commercial street. Construct a minimum of 24-
feet of pavement with vertical curb, gutter and 5-foot attached concrete sidewalk on the north side
of the roadway, with a 3-foot wide gravel shoulder and drainage swale on the unimproved side.
3. Construct Deercrest Drive as astub-street to the east property line, located approximately 633-
feet east of the intersection of Deercrest Drive and Linder Road. Construct a cul-de-sac
turnaround at the terminus of the stub street. The turnaround shall be designed to provide a
minimum turning 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."
4. Construct agate-restricted 25-foot wide emergency access only driveway onto Deercrest Drive
located approximately 30-feet west of the east property line. Coordinate the location of the gate
with District Development Review staff.
5. Construct one 30-foot wide driveway on Deercrest Road, located approximately 165-feet east of
Linder Road.
6. Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the
site.
7. Direct lot access to Linder Road is prohibited.
5 MCZC-10-027
8. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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 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 are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to 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 ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
6 MCZC-10-027
2. ACRD 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 OR Appeal Guidelines
7 MCZC-10-027
Ci+c Dlar~
$ MCZC-10-027
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 shalt 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.
8 MCZC-10-027
~~ 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 ACRD 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.
DlD YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Appooach(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 8~ 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
ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
10 MCZC-10-027
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant
of the final decision made by the ROWDS Manager when it is alleged that the ROWDS
Manager did not properly apply this section 7101.6, did not consider all of the relevant facts
presented, made an error of fact or law, abused discretion or acted arbitrarily and
capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The 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-10-027
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
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.
12 MCZC-10-027