ACHD Commentsi ~~3
~iowwrwv~uo~~o X2rocri
June 14, 2010
To: Church of the Harvest
120 S. Cole Rd.
Boise, Idaho 83709
Sheny R. Huber, President
Rebecca W. Amold, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
Sarah M. Baker, Commissioner
Subject: MCZC-10-028 & MDES-10-021
This is a certificate of zoning and design review application to remodel an
existing church, demolish an existing accessory building, and expand a parking
lot. This site is located on the southwest corner of Pine Avenue and Main Street
in Meridian, ldaho.
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
LKV Architects
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Right-of-Way & Development Services
~~~ ~ ~ Department
G'oswrwrxXed~o }r~Lt~ico
Project/File: MCZC-10-028 & MDES-10-021
This is a certificate of zoning and design review application to remodel an existing
church, demolish an existing accessory building, and expand a parking lot. This site
is located on the southwest corner of Pine Avenue and Main Street in Meridian,
ldaho_
Lead Agency: City of Meridian
Site address: 831 N. Main Street &
58 E. Idaho Ave.
Staff
Approval: June 14, 2010
Applicant: Church of the Harvest
120 S. Cole Rd.
Boise, Idaho 83709
Representative: LKV Architects
Wayne Thowless
2400 E. Riverwalk Dr.
Boise, Idaho 83706
Staff Contact:
Tech Review:
Kristy Heller
Phone: 387-6171
E-mail: kheller[7a achdidaho ora
June 4, 2010 (via email)
Application Information:
Acreage: 1.3
Zoning: OT
A. Findings of Fact
Existing Conditions
1. Site Information: This site has a 2,216 square foot church (to remain), and a 3,852 square foot
accessory building which is proposed to be demolished and replaced with additional parking.
2. Description of Adjacent Surrounding Area•
~Direct~on ~ Land Use ,
North Old Town District con
South Old Town District O-T
East Old Town District O-T
West Old Town District O-T
O-T
MCZC-10-028
Existing Roadway Improvements and Right-of--Way Adjacent To and Near the Site
• Adjacent to the site, Pine Avenue is improved with 3-travel lanes, 45-feet of pavement, vertical
curb, gutter and 9-foot wide attached concrete sidewalk within 80-feet of right-of--way (40-feet
from centerline).
• Adjacent to the site, Main Street is improved with 3-travel lanes, 50-feet of pavement, vertical
curb, gutter and 9-foot wide attached concrete sidewalk within 80-feet of right-of--way (40-feet
from centerline).
• Adjacent to the site, Idaho Avenue is improved with 2-travel lanes, 47-feet of pavement, vertical
curb, gutter and 9-foot wide attached concrete sidewalk within 80-feet of right-of--way (40-feet
from centerline).
• The intersection of Pine Avenue and Main Street is signalized, and fully improved with turn
lanes, and curb, gutter and sidewalk.
• The intersection of Main Street and Idaho Avenue is signalized, and fully improved with turn
lanes, and curb, gutter and sidewalk.
• There is a 16-foot wide paved alley abutting the site. The alley is signed one-way, westbound.
3. Impacted Roadways:
Roadway Frontage Functional Level of
Classification Traffic Count Service Speed
• Limit
Pine 4,669 east of Meridian Road on
Avenue 300' Minor Arterial 10/23/2008 Better 25
than "C" MPH
Main Street 118' Principal 14,817 south of Pine Avenue on Better 25
Arterial 8/26/2008 than "C" MPH
Idaho 180'
Avenue Local 1,223 east of Main Street on 7/13/2006 N/A 25
* Acceptable level of service for athree-lane minor arterial roadway is "D" (17,000 ADT). MPH
*Acceptable level of service for athree-lane principal arterial roadway is "D" (18,500 ADT)
4. Existing Access: There are four defined access points for this site. Three are off of Idaho Street,
and one is off of Pine Avenue. Additionally, the site is accessed from amid-block alley which runs
between Main Street and Meridian Road.
5. Site History: ACHD has not previously reviewed this site for a development application.
Development Impacts
6. Trip Generation: This development is not estimated to generate any additional vehicle trips per
d'ay, 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.
8. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP):
• Meridian Road (Meridian Split Corridor, Phase 2) from Fairview Avenue (Cherry Lane) to
Franklin Road is currently scheduled in the Five Year Work Plan & Capital Improvements Plan
to be constructed as both a 5-lane (two-way segment) and a 3-lane (one-way segment)
roadway in 2013.
2 MCZC-10-028
B. Findings for Consideration
1. Pine Avenue
Arterial Right-of--Way Policy: District policy requires 74-feet of right-of--way on 3-lane arterial
roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 3-lane roadway
with curb, gutter, 5-foot wide detached sidewalks and bike lanes.
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 Pine Avenue is designated in
the MSM as a Planned Commercial Arterial with 3-lanes, on-street bike lanes, on-street parking,
sidewalk, and a 58-foot street section within 84-feet of right-of--way.
Existing Conditions: Pine Avenue is improved to 3-lanes, (45-feet of pavement), with vertical
curb, gutter and 9-foot wide attached concrete sidewalk within 80-feet of right-of-way on Pine
Avenue.
Applicant Proposal: The applicant is not proposing any improvements to Pine Avenue abutting
the site.
Staff Recommendation: Pine Avenue is fully improved with vertical curb, gutter and attached 9-
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. Main Street
Arterial Right-of--Way Policy: District policy requires 74-feet of right-of-way on 3-lane arterial
roadways (Figure 72-F1 B). This right-of--way width allows for the construction of a 3-lane roadway
with curb, gutter, 5-foot wide detached sidewalks and bike lanes.
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 Main Street is designated in
the MSM as a Towncenter Arterial with 3-lanes, on-street bike lanes, on-street parking, sidewalk,
and a 58-foot street section within 88-feet of right-of-way.
Existing Conditions: Main Street is improved to 3-lanes, (50-feet of pavement), with vertical
curb, gutter and 9-foot wide attached concrete sidewalk within 80-feet of right-of--way on Main
Street.
Applicant Proposal: The applicant is not proposing any improvements to Main Street abutting
the site.
Staff Recommendation: Main Street is fully improved with vertical curb, gutter and attached 9-
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. - .
3. Idaho Avenue
Local Commercial 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.
Existing Conditions: There is 47-feet of pavement, with vertical curb, gutter and 9-foot wide
attached concrete sidewalk within 80-feet of right-of-way on Idaho Avenue.
Applicant Proposal: The applicant is not proposing any improvements to Idaho Avenue abutting
the site.
3 MCZC-10-028
Staff Recommendation: Idaho Avenue is fully improved with vertical curb, gutter and attached 9-
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.
4. Alleys
Access Policy: Access is allowed to and from a fully improved alley (District policy 7204.10.2).
Parking shall be designed so the minimum clear distance from the back of the parking stall to the
opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be
located a minimum of 25-feet from the nearest public street.
Pavement Policy: District Policy 7204.10.1 states if the proposed development is not a single
family detached residence and it takes access from an alley, the developer will be required to
pave the entire width of the right-of-way from the nearest public street to and abutting the
development.
Parking in Alley Policy: Parking within the alley right-of-way is prohibited. "No Parking" signs
are required to be installed by the developer. The signs should be located at the alley/street
intersections. Parking which is entered from the alley shall be designed so the minimum clear
distance from the back of the parking stall to the opposite side of the alley is 20-feet for
perpendicular parking.
Existing Conditions: There is a 16-foot wide paved alley abutting the site, which is signed and
functions as a one-way westbound alley.
Applicant Proposal: The applicant is not proposing any improvements to the alley abutting the
site. The applicant is proposing to utilize the existing alley for additional access to the parking.
Staff Comment/Recommendations: The alley is fully paved abutting the site. Therefore, the
applicant will not be required to dedicate any additional right-of--way or to make any additional
improvements to the alley as part of this application.
5. Driveways
Access Management Policy: District policy 7207.8 states that direct access to arterials and
collectors is normally restricted. The developer shall try to use combined access points. If the
developer can show that the use of a combined access point to a collector or arterial street is
impractical, the District may consider direct access points. Access points for proposed
developments at intersections should be located as far from the intersection as practical, and in
no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been
approved by the District Commission.
Successive Driveway Policy: District policy 72-F5, requires driveways located on collector or
arterial roadways with a speed limit of 25 to align or offset a minimum of 105-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 Replacement Policy: District policy 7203.6 requires the applicant of a proposed
development to make improvements to existing damaged sidewalk; curb and gutter construction
or replacement; replacement of unused driveways with standard curb, gutter and sidewalk;
installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar
items in order to correct deficiencies or replace deteriorated facilities.
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
4 MCZC-10-028
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 utilize the existing 23-foot wide curb cut
driveway onto Pine Avenue located approximately 280-feet west of the intersection of Pine
Avenue and Main Street (measured near edge to near edge), and the existing 25-foot wide curb
cut driveway onto Idaho Avenue located approximately 73-feet west of the intersection of Idaho
Avenue and Main Street (measured near edge to near edge).
The applicant is proposing to widen the existing 13-foot wide curb cut driveway onto Idaho Street
located approximately 185-feet from the intersection of Idaho Avenue and Main Street to 23-feet
in width. Additionally, the applicant is proposing to close the remaining 12-foot wide driveway
onto Idaho Avenue located 16-feet east of the west property line (measured property line to near
edge).
Staff Comment/Recommendation: The applicant's proposal meets District policy and should be
approved, as proposed. The applicant should be required to pave the driveways their full width
and at least 30-feet into the site beyond the edge of pavement of the roadways. The applicant
should be required to replace the unused driveway with vertical curb, gutter and sidewalk to
match existing conditions on either side of Idaho Avenue.
6. 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 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
- 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.
7. Other Access
Pine Avenue is classified as a minor arterial roadway. Main Street is classified as a principal
arterial roadway. Other than the accesses specifically approved with this application, direct lot
access is prohibited to these roadways.
D. Site Specific Conditions of Approval
1. Widen the existing driveway on Idaho Avenue located approximately 185-feet from the
intersection of Idaho Avenue and Main Street to 23-feet, as proposed.
2. Close the 1.2-foot ,wide driveway onto Idaho Avenue located 16-feet east Hof the west property line,
as proposed. Replace the unused driveway with vertical curb, gutter and sidewalk to match
existing conditions on either side of Idaho Avenue.
3. Utilize the existing 23-foot wide curb cut driveway onto Pine Avenue located approximately 280-
feet west of the intersection of Pine Avenue and Main Street (measured near edge to near edge),
and the existing 25-foot wide curb cut driveway onto Idaho Avenue located approximately 73-feet
west of the intersection of Idaho Avenue and Main Street (measured near edge to near edge), as
proposed.
4. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement
of the roadways.
5 MCZC-10-028
5. Enter into a license agreement for any landscaping located within ACHD right-of--way abutting the
site.
6. Other than access specifically approved with this application, direct lot access to Pine Avenue and
Main Street is prohibited.
7. 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 ACRD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
5. Comply with the District's Tree Planter Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees 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 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 ACRD 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.
6 MCZC-10-028
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-10-028
ite Plan
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8 MCZC-10-028
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 loca/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-10-028
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 ACRD Right-of--Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACRD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment & Erosion Submittal
• • At least one week prior.ta 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 ACRD
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-10-028
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant
of the final decision made by the ROWDS Manager when it is alleged that the ROWDS
Manager did not properly apply this section 7101.6, did not consider all of the relevant facts
presented, made an error of fact or law, abused discretion or acted arbitrarily and
capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with
the Secretary of Highway Systems, which must be filed within ten (10) working
days from the date of the decision that is the subject of the appeal. The notice of
appeal shall refer to the decision being appealed, identify the appellant by name,
address and telephone number and state the grounds for the appeal. The
grounds shall include a written summary of the provisions of the policy relevant
to the appeal and/or the facts and law relied upon and shall include a written
argument in support of the appeal. The Commission shall not consider a notice
of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the
date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may
also consider and/or modify the decision that is being appealed. A copy of the
reply and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant
of the ROWDS Manager's reply to the notice of appeal. A copy of the decision
being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm
or reverse, in whole or part, or otherwise modify, amend or supplement the
decision being appealed, as such action is adequately supported by the law and
evidence presented at the hearing.
11 MCZC-10-028
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 ACHD 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-10-028