ACHD Commentsf '~~~~
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September 9, 2010
To: Primeland Investment Group, LLC
3120 W. Belltower Drive, Ste. 100
Meridian, ID 83646
Subject: MCZC-10-051 & MDES-10-036
4655 N. Linder Road
Sherry R. Huber, President
Rebecca W. Arnold, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
Sarah M. Baker, Commissioner
On September 9, 2010 the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at (208) 387-6174.
Sincerely,
SP~-
Jarom Wagoner
Planner II
Right-of-Way & Development Services
Ada County Highway District
CC: Project file
City of Meridian (sent via email)
Gene C. Ulmer Architect (sent via email)
Ada County Highway District • 3775 Adams Street • Garden Gty, ID • 837 i4 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
~_ M.
Right-of-Way & Development Services
,. _ Department
~~~ ~~~~
Project/File: MCZC-10-051 8~ MDES-10-036
This application is for a certificate of zoning compliance and development review for
a 16,558 square foot church on 4.5-acres within Bridgewater Crossing #15
Subdivision. The site is located at 4655 N. Linder Road in Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 4655 N. Linder Road
Staff Approval: September 9, 2010
Applicant: Primeland Investment Group, LLC
3120 W. Belltower Dr., Ste. 100
Meridian, ID 83646
Representative: Gene C. Ulmer, Architect
1506 S. Secretariat Way
Nampa, ID 83686
Staff Contact: Jarom Wagoner
Phone: 387-6174
E-mail: iwaaonerCa)achdidaho.ora
Tech Review: September 7, 2010
A. Findings of Fact
1. Description of Application: The applicant is requesting to construct a 16,558 square foot
church on approximately 4.5 acres. The site is located at 4655 N. Linder Road, approximately
1/8 mile south of the intersection of N. Linder Road and W. McMillan Road.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zonin
North Limited Office District L-O
South Rural-Urban Transition Zone RUT
East Medium-Densit Residential District R-8
West Medium Low-Density Residential District R-4
3. Site History: ACHD staff previously reviewed this site as Bridgetower Crossing #15 in March of
2010. The requirements of this staff report are consistent with those of the prior action.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Arch Rock Subdivision, 26 residential lots, located directly east of the site, staff approval on
December 28, 2006
• Bridgetower Crossing Subdivision is in various stages of completion.
2 MCZC-10-051 &MDES-10-036
5. 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.
6. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP):
There are currently no roadways, bridges or intersections in the general vicinity of the project
that are currently in the Five Year Work Program.
• N. Linder Road is listed in the Capital Improvements Plan to be widened to 5-lanes from W.
Ustick Road to W. McMillan Road between 2019 and 2027.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 150 additional vehicle trips per
day (none existing); 9 additional vehicle trips per hour in the PM peak hour (none existing),
based on the Institute of Transportation Engineers Trip Generation Manual, 8~' edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
PM Peak PM Peak Existing
Roadway Frontage Functional Hour Hour Level Plus
Classification Traffic Count of Service Pro'ect
N. Linder Principal Better than Better
Road 565-feet Arterial 1,102 "E" than "E"
N' Better than Better
Coppercloud 375-feet Collector 89 "D" than "D"
Wa
N. Penngrove 580-feet Minor Local N/A N/A N/A
Way Street
*Acceptable level of service for afive-lane principal arterial is "E" (1,770 VPH).
* Acceptable level of service for atwo-lane collector is "D" (425 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
The average daily traffic count for N. Linder Road north of W. Ustick Road was 10,200
on November 18, 2009.
The average daily traffic count for N. Coppercloud Way north of W. Belltower Drive was
1,234 on October 9, 2007.
C. Findings for Consideration
1. N. Linder Road
a. Existing Conditions: N. Linder Road is improved with 5-travel lanes, vertical curb, gutter
and 5-foot wide detached sidewalk. There is 90 to 100-feet of right-of-way for N. Linder Road
abutting the site (48-feet from centerline).
b. Policy
Right-of-Way and Street Section 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 wide concrete detached sidewalks and bike lanes.
c. 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
3 MCZC-10-051 & MDES-10-036
features required through development. This segment of N. Linder Road is designated in the
MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 71-foot street section
within 100-feet of right-of-way.
d. Applicant Proposal: The applicant has not proposed any improvements to N. Linder Road.
e. Staff Comments/Recommendations: N. Linder Road is already improved with 5 travel
lanes, vertical curb, gutter, and sidewalk abutting the site. Therefore, no additional street
improvements or right-of-way dedication will be required with this application.
2. N. Coppercloud Way
a. Existing Conditions: N. Coppercloud Way is improved with 2-travel lanes, center landscape
islands, vertical curb, gutter, and 5-foot wide sidewalk. There is 30 to60-feet of right-of-way
for N. Coppercloud Way (30-feet from centerline).
b. Policy
Residential Collector Policy: District policy 72-F1A, 7202.3.2 and 7202.3.5, requires that
residential collectors be constructed as 36-foot street sections with curb, gutter and 5-foot
wide concrete sidewalks with no front-on housing. The access restrictions for these street
segments should be stated on the final plat. Unless otherwise noted, parking should be
prohibited on these street segments. Coordinate the signage program with District staff.
Island Policy: District policy 7202.7 and 7207.5 require islands to be constructed a minimum
of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic.
The roadway on either side of the traffic island should maintain a minimum of a 21-foot street
section. District policy also requires any proposed landscape islands/medians within the
public right-of-way dedicated by this plat should be owned and maintained by a homeowners
association. Notes of this should be required on the final plat. The design should be reviewed
and approved by ACHD's Development staff.
c. ACRD 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 N. Coppercloud Way is designated
in the MSM as a Residential Collector with 2-lanes and on-street bike lanes, a 47-foot street
section within 69-feet of right-of-way.
d. Applicant Proposal: The applicant has not proposed any improvements to N. Coppercloud
Way.
e. Staff Comments/Recommendations: N. Coppercloud Way is already fully improved with 2
travel lanes, center landscape islands, curb, gutter, and 5-foot attached concrete sidewalk.
Therefore, no additional street improvements or right-of-way will be required with this
application.
3. Minor Local Streets
a. Existing Conditions: With the recent application of Bridgetower Crossing #15, that applicant
proposed to construct N. Penngrove Way as a minor local street with a 25-foot street section,
vertical curb and gutter within a 27-foot right-of-way. The applicant also proposed to construct
5-foot wide attached concrete sidewalk along the west side of N. Penngrove Way within a 7-
foot sidewalk easement.
b. Policy
Minor Local Street Policy: District policy 7213.1 states that minor local streets may be
constructed with a reduced width of 24-feet from back-of-curb to back-of-curb with curb and
gutter. This street section may only be used if the following conditions are met:
The maximum projected ADT is less than 400
The street connects to two other standard size streets.
4 MCZC-10-051 & MDES-10-036
There is support from the Lead Land Use Agency (either from staff or
Commission/Council).
Maximum block length of 600-feet.
In commercial or mixed use areas where urban designs utilizing alleys are desirable, but
may be impractical due to access restrictions to classified roadways (arterials, collectors,
and residential collectors). In this example, the minor local street would parallel the
access-restricted roadway and would provide direct access to the commercial or mixed-
use lots.
No portion of a building shall be over 30-feet in height. If any portion of a building is over 30-
feet in height, aerial fire apparatus is required and a 26-foot wide street is required
(International Fire Code Appendix D Section C105). However, a 26-foot wide street, with a
minimum right-of-way of 30-feet, is allowed if all other requirements for a minor local street are
met.
c. Applicant Proposal: The applicant has made no proposals for additional improvements on
N. Penngrove Way.
d. Staff Comments/Recommendations: N. Penngrove Way is in process of being constructed
as part of the approvals of the recent application for Bridgetower Crossing #15. If these
improvements have not been completed prior to issuance of a building permit the applicant
should be required to construct one-half of a 25-foot street section with curb and gutter
abutting the site as required with the approval of Bridgetower Crossing #15.
4. Stub Streets
a. Existing Conditions: N. Penngrove Way is currently being constructed as a stub street to
the south.
b. Policy
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."
District policy 7203.5.2 states that an existing street or a street in an approved preliminary
plat, which ends at a boundary of a proposed development, shall be extended in that
development. The extension shall include provisions for continuation of storm drainage
facilities.
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.
c. Applicant Proposal: The applicant has made no proposals for additional improvements to N.
Penngrove Way.
d. Staff Comments/Recommendations: N. Penngrove Way is in process of being constructed
with a turnaround easement located 80-feet north of the south property line (measured
5 MCZC-10-051 & MDES-10-036
property line to near edge) as part of the approvals of the recent application for Bridgetower
Crossing #15. If these improvements have not been completed prior to issuance of a building
permit the applicant should be required to construct one-half of a 25-foot street section with
curb and gutter abutting the site as required with the approval of Bridgetower Crossing #15.
5. Driveways
5.1 N. Linder Road
a. Existing Conditions: There is a 36-foot wide driveway onto N. Linder Road located
approximately 150-feet north of the south property line (measured property line to near edge).
b. Policy
Access Policy: District policy 7207.8 states that direct access to arterials and collectors is
normally restricted. The developer shall try to use combined access points. If the developer
can show that the use of a combined access point to a collector or arterial street is impractical,
the District may consider direct access points. Access points for proposed developments at
intersections should be located as far from the intersection as practical, and in no case closer
than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved
by the District Commission.
Driveway Location Policy: 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.
Successive Driveways: District policy 72-F5, requires driveways located on collector or
arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any
existing or proposed driveway.
Commercial Driveway Width Policy: District policy 7207.9.3 restricts commercial driveways
with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial
driveways will be constructed as curb-cut type facilities if located on local streets. Curb return
type driveways with 15-foot radii will be required for driveways accessing collector and arterial
roadways.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with 15-foot radii abutting the existing roadway edge.
c. Applicant's Proposal: The applicant has proposed to utilize the existing 36-foot wide
driveway onto Linder Road located approximately 150-feet north of the south properly line
(measured property line to near edge).
d. Staff Comments/Recommendations: Staff recommends the driveway width and location be
approved as proposed due to the fact that the location was previously approved as a public
street, the proposed use as a church is a low traffic generator and the driveway approach has
already been constructed as part of the Linder/McMillan intersection project in 2008.
5.2 N. Penngrove Way
a. Existing Conditions: There are no driveways onto N. Penngrove Way
b. Policy
Driveway Location Policy: District policy 72-F4 (1) and 72-F4 (2), requires driveways
located on local residential roadways to offset a controlled and/or uncontrolled intersection a
minimum of 50-feet (measured near edge to near edge).
6 MCZC-10-051 & MDES-10-036
Commercial Driveway Policy: District policy 7207.9.3 restricts commercial driveways with
daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial
driveways will be constructed as curb-cut type facilities if located on local streets. Curb return
type driveways with 15-foot radii will be required for driveways accessing collector and arterial
roadways.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with 15-foot radii abutting the existing roadway edge.
c. Applicant Proposal: The applicant is proposing to construct a 36-foot wide driveway onto N.
Penngrove Way, located approximately 120-feet south of the intersection of N. Penngrove
Way and N. Coppercloud Way (measured near-edge to near-edge). The applicant is also
proposing to construct a 46-foot wide driveway onto N. Penngrove Way, located
approximately 400-feet south of the intersection of N. Penngrove Way and N. Coppercloud
Way (measured near-edge to near-edge).
d. Staff Comments/Recommendations: The 36-foot wide driveway meets District policy and
should be approved as proposed. Staff recommends a modification of policy to allow the 46-
foot wide driveway as it is part of the turnaround easement that was required with the
applicant's previous application (Bridgetower Crossing #15).
6. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be
allowed in planters with a minimum width of 10-feet.
7. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within
ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all
public storm drain facilities. Landscaping should be designed to eliminate site obstructions in
the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and
a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-
foot offset from stop signs. Landscape plans are required with the submittal of civil plans and
must meet all District requirements prior to signature of the final plat and/or approval of the civil
plans.
8. Other Access
N. Linder Road is classified as a principal arterial roadway, N. Coppercloud Way is classified as
a collector roadway. Other than the access specifically approved with this application, direct lot
access is prohibited to these roadways.
D. Site Specific Conditions of Approval
1. Utilize the existing 36-foot wide driveway onto N. Linder Road, located approximately 150-feet
north of the south property line, as proposed.
2. Construct one 36-foot wide driveway onto N. Penngrove Way located approximately 120-feet
south of the intersection of N. Penngrove Way and N. Coppercloud Way (measured near-edge
to near-edge) as proposed. Pave the driveway its full width at least 30-feet into the site beyond
the edge of pavement.
7 MCZC-10-051 & MDES-10-036
3. Construct one 46-foot wide driveway onto N. Penngrove Way located approximately 400-feet
south of the intersection of N. Penngrove Way and N. Coppercloud Way (measured near-edge
to near-edge) as proposed. Pave the driveway its full width at least 30-feet into the site beyond
the edge of pavement.
4. Other than the access specifically approved with this application, direct lot access is prohibited
to N. Linder Road and N. Coppercloud Way.
5. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way.
2. Private sewer or water systems are prohibited from being located within the ACRD right-
of-way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACRD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all
applicable ACHD Standards unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACRD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that
time. Any change in the planned use of the property which is the subject of this
8 MCZC-10-051 & MDES-10-036
application, shall require the applicant to comply with ACRD Policy and Standard
Conditions of Approval in place at that time unless awaiver/variance of the requirements
or other legal relief is granted by the ACHD Commission.
F. Conclusions of Lavv
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 Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
MCZC-10-051 & MDES-10-036
Vicinity Map
Site Plan
10 MCZC-10-051 & MDES-10-036
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway
and road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5) working days upon notification of required right of way
improvements by Highway entities, developers shall provide written notification to the affected
utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include
but not be limited to, project limits, scope of roadway improvements/project, anticipated
construction dates, and any portions critical to the right of way improvements and coordination
of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the
utility owners. Conference notification shall also be sent to the UCC. During the review meeting
the developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for a-mail notification information.
11 MCZC-10-051 & MDES-10-036
Development Process Checklist
Items Completed to Date:
®Submit a development application to a City or to Ada County
®The City or the County will transmit the development application to ACRD
®The ACHD Planning Review Section will receive the development application to review
®The Planning Review Section will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific conditions of
approval at this time.
®Write a Staff Level report analyzing the impacts of the development on the transportation
system and evaluating the proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the
transportation system and evaluating the proposal for its conformance to District Policy.
^For ALL development applications, including those receiving a "No Review" letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the
Development Review Section for plan review and assessment of impact fees. (Note: if there are
no site improvements required by ACHD, then architectural plans may be submitted for purposes of
impact fee assessment.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the
right-of-way, including, but not limited to, driveway approaches, street improvements and utility
cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Non-Subdivisions)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services
& Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACRD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use
Permit Application" to ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50'
or you are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment & Erosion Submittal
• At least one week prior to setting up aPre-Construction Meeting an Erosion & Sediment Control Narrative &
Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and
approved by the ACHD Stormwater Section.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con
being scheduled.
^ Final Approval from Development Services is required prior to scheduling aPre-Con.
12 MCZC-10-051 & MDES-10-036
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.
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.
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.
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.
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.
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.
13 MCZC-10-051 & MDES-10-036