ACHD Comments~~~
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July 28, 2010
To: Spring Creek Ustick, LLC
Douglas B. Clegg
253 E. Calderwood, Suite E
Meridian, Idaho 83642
Subject: MCUP-10-004, MDES-10-029 & MALT-10-004
3165 N. Meridian Road
Sherry R. Huber, President
Rebecca W. Amold, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
Sarah M. Baker, Commissioner
On July 28, 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,
/c~e~E:~,c-t
Kristy Heller
Planner I
Right-of-Way & Development Services
Ada County Highway District
CC: Project file
City of Meridian,
David & Charlie Price,
Aspen Engineers
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
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Project/File: MCUP-10-004, MDES-10-029 & MALT-10-004
This is a conditional use, design review, and alternative compliance
application to construct a 28,100 square foot assisted living facility on 2.3-
acres. This site is located on the southwest corner of Meridian Road and
Ustick Road in Meridian, Idaho.
Lead Agency: City of Meridian
Site Location: 3165 N. Meridian Road
Staff Approval: July 28, 2010
Owner: David & Charlie Price
2291 N. Greenview Ct.
Eagle, Idaho 83616
Applicant/Rep: Spring Creek Ustick, LLC
Douglas B. Clegg
253 E. Calderwood, Suite E
Meridian, Idaho 83642
Staff Contact:
Kristy Heller
Phone: 387-6171
E-mail: kheller a(~.achdidaho.org
Tech Review : July 23, 2010
Application Information:
Acreage: 2.3
Zoning: L-O (Limited Office District)
Proposed Use: 28,100 sf Assisted Living Facility
A. Findings of Fact
Existing Conditions
1. Site Information: The site is vacant.
2. Description of Adiacent Surrounding Area:
Direction Land Use Zonin
North Limited Office District Settler's Park L-O
South Rural-Urban Transition Zone RUT
East Medium-Density Residential District Eastbrook Villa e Sub R-8
West Limited Office District (Church) L-O
3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site:
• Adjacent to the site, Meridian Road is improved with 3 travel lanes, 40-feet of
pavement, vertical curb, gutter, and 5-foot wide attached concrete sidewalk. There is
75-feet of right-of-way (35-feet from centerline).
MCUP-10-004, MDES-10-029 8~ MALT-10-004
Adjacent to the site, Ustick Road is improved with 2 travel lanes, 38-feet of
pavement, and no curb, gutter or sidewalk. There is 80-feet of right-of-way (32-feet
from centerline).
• The intersection of Meridian Road and Ustick Road is signalized.
4. Existing Access: There is no defined access to this site.
5. Existing Condition of Area Roadways:
Roadway Frontage Functional
Classification Traffic Count Level of
Service* Speed
Limit
Meridian 390' Minor Arterial 8,886 north of Ustick Road on Better 40 MPH
Road 12/10/2008 than "C"
11,475 south of Ustick Road on
11 /17/2009
Ustick Road 265' Principal 11,447 east of Linder Road on Better 35 MPH
Arterial 12/10/2008 than "D"
13,039 west of Locust Grove Road
on 1/16/2008
*Acceptable level of service for athree-lane minor arterial roadway is "D" (17,000 ADT).
*Acceptable level of service for atwo-lane principal arterial roadway is "E" (15,500 ADT).
6. Site History: The District previously reviewed this site in May 2005 as Ashtyn Park
Subdivision. As part of the subdivision application the site was rezoned from R-4 (residential) to
L-O (limited office).
Development Impacts
7. Trip Generation: This development is estimated to generate approximately 126 additional vehicle
trips per day, based on the Institute of Transportation Engineers Trip Generation Manual, 8th 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.
• Meridian Road is listed in the Capital Improvements Plan for corridor preservation to
accommodate widening to 5 lanes in between Cherry Lane and Ustick Road.
• Ustick Road is listed in the Capital Improvement Plan (CIP) to be widened to 5-lanes from
Linder Road to Meridian Road between 2019 and 2027.
• The intersection of Ustick Road and Meridian F~oad is listed in~the Capital Improvement Plan
(CIP) to replace/modify the signal and to be widened to 4-lanes on the north and south legs,
6-lanes on the west & east legs between 2019 & 2027.
B. Findings for Consideration
1. Meridian 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.
Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete
sidewalk on all collector roadways and arterial roadways (7204.7.2).
2 MCUP-10-004, MDES-10-029 ~ MALT-10-004
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 Meridian Road is designated in the MSM as a
Residential Arterial with 5-lanes and on-street bike lanes, and a 71-foot street section within 97-feet
of right-of-way.
Existing Conditions: Meridian Road is improved with 3-travel lanes (40-feet of pavement), vertical
curb, gutter, and 5-foot wide attached concrete sidewalk within 75-feet of right-of-way (35-feet from
centerline).
Applicant's Proposal: The applicant is not proposing any improvements on Meridian Road
abutting the site.
Staff Comment/Recommendations: Meridian Road is fully improved with vertical curb, gutter, and
5-foot attached sidewalk abutting the site; therefore no additional roadway improvements will be
required with this application.
The applicant has indicated that there is 45-feet of right-of-way from the centerline of Meridian Road
abutting the site. However, ACHD's records do not reflect the additional right-of-way dedication.
The applicant should be required to either provide written documentation of the right-of-way
dedication to ACHD or dedicate 48-feet of right-of-way from the centerline of Meridian Road
abutting the site.
2. Ustick 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.
Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot. detached) concrete
sidewalk on all collector roadways and arterial roadways (7204.7.2).
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 Ustick Road is designated in the MSM as a
Residential Arterial with 5-lanes and on-street bike lanes, and a 71-foot street section within 97-feet
of right-of-way.
Existing Conditions: Ustick Road is improved with 2-travel lanes (38-feet of pavement), no curb,
gutter, or sidewalk within 80-feet of right-of-way (32-feet from centerline).
Applicant Proposal: The applicant is proposing to construct a 5-foot wide concrete sidewalk
located 48-feet from the centerline of Ustick Road abutting the site.
Staff CommentlRecommendations: The intersection of Ustick Road and Meridian Road is listed
in the Capital Improvements Plan to be widened to 6-lanes on the west & east legs, with a
dedicated right turn lane abutting the site on the south side of the roadway. The curb line is set on
the north side of Ustick Road. Iri order to accommodate the dedicated right-turn lane, additional
right-of-way will need to be dedicated from the south side of the roadway.
Therefore, the applicant should be required to dedicate 54-feet of right-of-way from the centerline of
Ustick Road for the first 100-feet west from the intersection, tapering to 48-feet from the centerline
of the roadway for the remaining frontage.
The applicant should be required to provide the District a 6-foot wide sidewalk easement abutting
Ustick Road for the first 100-feet (west of the intersection) for the future intersection project.
Additionally, the applicant will be required to dedicate additional right-of-way at the Meridian
Road/Ustick Road intersection to accommodate the signal equipment. Coordinate the amount of
additional right-of-way to be dedicated with District Development Review Staff. See example
below:
3 MCUP-10-004, MDES-10-029 Sz MALT-10-004
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The applicant's proposal to construct a 5-foot wide sidewalk abutting the site on Ustick Road should
be approved; however, the location of the sidewalk will need to be placed in the ultimate location for
the intersection project. Therefore, the applicant will be required to construct a 5-foot wide concrete
sidewalk located a minimum of 53-feet from the centerline of Ustick Road for the first 100-feet,
tapering to 42-feet from centerline of Ustick Road for the remaining frontage.
3. 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 (35 MPH): District policy 72-F5, requires driveways located on
collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from
any existing or proposed driveway.
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.
InterseLtion Offset Policy (Arterial): District policy 72-F4 (1) requires driveways located on '
arterial roadways near a signalized intersection to be located a minimum of 440-feet from the
signalized intersection for afull-access driveway and a minimum of 220-feet from the signalized
intersection for aright-in/right-out only driveway.
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
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.
Damaged Sidewalk 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
4 MCUP-10-004, MDES-10-029 & MALT-10-004
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 into the site
beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting
the existing roadway edge.
Applicant Proposal: The applicant is proposing to construct a 36-foot wide curb return driveway
onto Meridian Road located 304-feet south of the intersection of Ustick Road and Meridian Road
(measured near edge to near edge).
The applicant is also proposing to close the existing 24-foot wide curb cut driveway onto Meridian
Road located 89-feet north of the south property line (measured near edge to near edge) and to
replace the driveway with vertical curb, gutter and sidewalk to match existing conditions on either
side.
Staff Comment/Recommendation: The applicant's proposal to close the existing driveway onto
Meridian Road meets District policy and should be approved, as proposed.
The applicant's proposal to construct a 36-foot wide driveway located 304-feet south the Ustick
Road and Meridian Road intersection does not meet District access management policy,
intersection offset policy for a full access driveway, or successive driveway, policy. There is an
existing driveway across from the site on Meridian Road located approximately 348-feet south of
the intersection of Ustick Road and Meridian Road, offsetting the proposed driveway by only 44-
feet.
Typically, the applicant would be required to align the proposed driveway centerline to centerline
with the driveway on the east side of Meridian Road located 348-feet south of the intersection of
Ustick Road and Meridian Road; however due to an existing Idaho Power "step down rack" located
on the site, the applicant would be unable to meet that requirement. Therefore, staff recommends a
modification of policy to allow the applicant to construct the 36-foot wide driveway onto Meridian
Road as proposed, as it meet's the intent of ACHD's Access Management policy, by providing sole
access to the site. Because of the driveway's close proximity to the Ustick/Meridian Road
intersection, ACHD may restrict the driveway in the future, as conditions warrant.
The applicant will be required to pave the driveway its full width and at least 30-feet into the site
beyond the edge of pavement of Meridian Road.
4. 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 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
Meridian Road is classified as a minor arterial roadway. Ustick Road is classified as a principal
arterial roadway. Other than the access specifically approved with this application, direct lot access
is prohibited to these roadways.
5 MCUP-10-004, MDES-10-029 8~ MALT-10-004
C. Site Specific Conditions of Approval
1. Either provide written documentation to ACHD of the right-of-way dedication showing 45-feet from
the centerline of Meridian Road abutting the site or, dedicate 48-feet of right-of-way from the
centerline of Meridian Road abutting the site. The right-of-way purchase and sale agreement and
deed must be completed and signed by the applicant prior to scheduling the final plat for signature
by the ACHD Commission or prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after
receipt of all requested material. The District will purchase the right-of-way which is in addition to
existing right-of-way from available Corridor Preservation Funds.
2. Dedicate 54-feet of right-of-way from the centerline of Ustick Road for the first 100-feet west from
the intersection, tapering to 48-feet from the centerline of the Ustick Road for the remaining
frontage. The right-of-way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or
prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up
to 30 business days to process the right-of-way dedication after receipt of all requested material.
The District will purchase the right-of-way which is in addition to existing right-of-way from
available Corridor Preservation Funds.
3. Provide a 6-foot wide sidewalk easement abutting Ustick Road for the first 100-feet west from the
intersection of Ustick Road and Meridian Road.
4. Dedicate additional right-of-way at the Meridian Road/Ustick Road intersection to accommodate
the signal equipment. Coordinate the amount of additional right-of-way to be dedicated with
District Development Review Staff.
5. Construct a 5-foot wide concrete sidewalk located a minimum of 53-feet from the centerline of
Ustick Road for the first 100-feet west of the intersection, tapering out to 42-feet from centerline of
Ustick Road for the remainder of the frontage abutting the site.
6. Close the 24-foot wide driveway on Meridian Road located approximately 89-feet north of the
south property line. Replace the driveway with vertical curb, gutter and sidewalk to match existing
improvements on either side.
7. Construct a 36-foot wide curb return driveway on Meridian Road located 304-feet south of the
intersection of Ustick Road and Meridian Road (measured near edge to near edge), as proposed.
Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of
the roadway. ACHD may restrict this driveway in the future, as conditions warrant.
8. Enter into a license agreement for any landscaping located within ACRD right-of-way abutting the
site.
9. Other than the access specifically approved with this application, direct lot access is prohibited to
Meridian Road and Ustick Road abutting the site.
10. 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, 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.
6 MCUP-10-004, MDES-10-029 ~ MALT-10-004
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
5. Comply with the District's Tree Planter Width Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior
to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
E. 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.
7 MCUP-10-004, MDES-10-029 ~ MALT-10-004
Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordination
4. Development Process Checklist
5. Request for Reconsideration Guidelines OR Appeal Guidelines
8 MCUP-10-004, MDES-10-029 & MALT-10-004
Site Plan
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9 MCUP-10-004, MDES-10-029 & MALT-10-004
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway
and road improvements, to help fhe 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.
10 MCUP-10-004, MDES-10-029 & MALT-10-004
Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or
part of a previous development application and that the site specific requirements from the previous development
also apply to this development application.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements
required by 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 Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to 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 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.
11 MCUP-10-004, MDES-10-029 ~ MALT-10-004
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.
12 MCUP-10-004, MDES-10-029 & MALT-10-004
Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 3:00 p.m. on the day prior to the Commission's next scheduled regular
meeting following the meeting at which the action to be reconsidered was taken. Upon
receipt of the request, the Secretary shall cause the same to be placed on the agenda
for that next scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting
forth new facts and information not presented at the earlier meeting, or a changed
situation that has developed since the taking of the earlier vote, or information
establishing an error of fact or law in the earlier action. The request may also be
supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACRD staff for further review. The Commission may set the, date of the meeting at
which the matter is to be returned. The Commission shall only take action on the
original matter at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACRD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may
take any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to
cover administrative costs, as established by the Commission.
13 MCUP-10-004, MDES-10-029 8~ MALT-10-004