ACHD Comments~~~~~
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Date: March 4, 2011
To: Scentsy
3330 E. Louise Drive Suite 600
Meridian, ID 83642
Subject: MCZC-10-078 & MDES-10-052
2700 E. Pine Avenue
Rebecca W. Arnold, President
John S. Franden, Vice President
Carol A. McKee, Commissioner
Sara M. Baker, Commissioner
David L. Case, Commissioner
On March 4, 2011 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) 387-6174.
Sincerely,
~ ~-
Jarom Wagoner
Planner II
Right-of-Way & Development Services
Ada County Highway District
CC: Project file
City of Meridian (sent via email)
Kent D. Murri, CTA Architects (sent via email)
Chad Kinkela (sent via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Right-of-Way & Development Services
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Project/File: MCZC-10-078 8 MDES-10-052
This application is for the construction of a new 189,741 sq. ft. distribution center and
office building. The site is located at 2700 E. Pine Avenue in Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 2700 E. Pine Avenue
Staff Approval: March 4, 2011
Applicant: Scentsy
3300 E. Louise Drive, Ste. 600
Meridian, ID 83642
Representative: CTA Architects Engineers
Kent D. Murri
1185 Grove Street
Boise, ID 83702
Staff Contact: Jarom Wagoner
Phone: 387-6174
E-mail: iwagonerCc~achdidaho.orQ
Tech Review: February 24, 2011
A. Findings of Fact
1. Description of Application: The applicant is requesting to construct an 189,741 sq. ft.
warehouse and office building. The building is to be used as the main distribution center for
Scentsy. The warehouse is to be 158,976 square feet, with the office building being 30,765
square feet. The site is located within Pinebridge Subdivision.
2.
Description of Adjacent Surrounding Araa•
Direction Land Use Zonin
North Li ht Industrial District I_L
South Li ht Industrial District I-L
East Li ht Industrial District I-L
West General Retail & Service Commercial District C-G
3.
4.
5.
Site History: ACHD Commission previously reviewed this site as Pinebridge Subdivision in
August of 2007. The requirements of this staff report are consistent with those of the prior
action.
Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
Pinebridge Subdivision is in various phases of development, surrounding the site.
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.
2 MCZC-10-078 &MDES-10-052
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 or the District's Capital Improvement Plan
(CIP).
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 946 additional vehicle trips per
day (none existing); 97 additional vehicle trips per hour in the PM peak hour (none existing),
based on the Institute of Transportation Engineers Trip Generation Manual, 8th edition.
2. Traffic Impact Study
Dobie Engineering prepared a traffic impact study in 2007 for the Pinebridge Subdivision. Staff
did not require an updated traffic impact study with this application due to the change in
anticipated uses within this section of the Pinebridge development. When originally reviewed in
2007 Pinebridge was anticipated to generate trips based on medical office, and technology land
uses which are much higher trip generations than general office and warehousing. Additionally,
Pine Avenue was recently improved to accommodate additional traffic.
3. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
Functional PM Peak PM Peak Existing
Roadway Frontage Classification Hour Hour Level Plus
Traffic Count of Service Pro'ect
Eagle Road 780-feet Principal 2 099 N/A** N/A**
(SH-55) Arterial
Pine Avenue 1,850- Minor Arterial 535 Better than Better
feet "D" than "D"
Commercial 1,850- Private N/A N/A N/A
Street feet
* Acceptable level of service for afive-lane minor arterial is "D" (1,540 VPH).
** ACHD does not set level of service thresholds for State Highways.
4. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
The average daily traffic count for Eagle Road north of Franklin Road was 54,328 on
August 29, 2007.
The average daily traffic count for Pine Avenue west of Eagle Road was 8,254 on June
3, 2009.
C. Findings for Consideration
1. Pine Avenue
a. Existing Conditions: Pine Avenue is improved with 5-travel lanes, vertical curb, gutter, and
5-foot wide detached sidewalk abutting the site. There is 96-feet of right-of-way for Pine
Avenue (48-feet from centerline).
b. Policy
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
3 MCZC-10-078 & MDES-10-052
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of-Way Width: District policy 7205.5.1 states that the standard S-
lane street section shall be 72-feet (back-of-curb to back-of-curb). This width typically
accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike
lanes on a minor arterial and a safety shoulder on a principal arterial.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalks at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide
between the back-of-curb and street edge of the sidewalk is required to provide increased
safety and protection of pedestrians. Consult the District's planter width policy if trees are to
be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a
minimum of 7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
Appropriate easements shall be provided if public sidewalks are placed out of the right-of-way.
The easement shall encompass the entire area between the right-of-way line and 2-feet
behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the
public right-of-way or wholly within an easement.
c. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Pine Avenue is designated in the
MSM as a Planned Commercial Arterial with 5-lanes and on-street bike lanes, a 71-foot street
section within 97-feet of right-of-way.
d. Applicant Proposal: The applicant is not proposing any improvements to Pine Avenue.
e. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved as proposed. Pine Avenue in its current configuration with 71-feet of
pavement curb-to-curb contains all the elements of a Planned Commercial Arterial; as such
staff does not recommend any improvements or right-of-way dedication as part of this
application.
The applicant should provide the District with a sidewalk easement for any segment of
sidewalk located outside of the right-of-way.
2. Hickory Avenue
a. Existing Conditions: Hickory Avenue currently dead-ends at the site.
b. Policy:
Commercial Street Policy: District Policy 7208.2 states that the developer is responsible for
improving all commercial street frontages adjacent to the development's site or internal to the
development as required below, regardless of whether access is taken to all of the adjacent or
internal commercial streets.
• All utility relocation costs associated with improving street frontages adjacent to the site
shall be borne by the developer.
• The District requires dedication of additional right-of-way without compensation to
provide the minimum requirements according to District standards.
Required Improvements Policy: District Policy 7208.2.2 states that required improvements
to an adjacent commercial street (existing or new) shall consist of pavement widening to one-
4 MCZC-10-078 & MDES-10-052
half the required width, including curb, gutter and concrete sidewalk (minimum 5-feet), plus
12-feet of additional pavement widening beyond the centerline established for the street to
provide an adequate roadway surface, with the pavement crowned at the ultimate centerline.
A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm
runoff shall be constructed on the unimproved side.
Prior Approvals/Requirements: As part of the approval process of Pinebridge Subdivision,
Hickory Avenue was to be constructed as a commercial roadway with a 40-foot street section
with vertical curb, gutter and 5-foot wide concrete sidewalk within 54-feet of right-of-way.
Hickory Avenue was to be constructed from its current terminus with Pine Avenue, south
through the site and intersecting with Commercial Street.
Additionally, the intersection of Pine Avenue and Hickory Avenue was to be signalized with
the applicant being required to install the conduit and poles at time of construction with the
mast arms and signal heads being installed by the District when the signal meets traffic
warrants. The applicant was to pay for the cost of all of the signal equipment at the time the
poles are installed. This requirement was for the entire intersection and not only for the
southern portion along Pine Avenue.
c. Applicant Proposal: The applicant is proposing a 10-foot wide gravel roadway in the general
alignment of Hickory Avenue.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District
Commercial Street Policy and should not be approved as proposed. The applicant should be
required to construct Hickory Avenue from Pine Avenue south along the site as one-half of a
40-foot street section, with vertical curb, gutter and a 5-foot wide concrete sidewalk, plus 12-
feet of additional pavement widening beyond the centerline established for the street to
provide an adequate roadway surface, and a 3-foot wide gravel shoulder and a borrow ditch
sized to accommodate the roadway storm runoff on the west side of the Hickory abutting the
site.
Consistent with ACHD's action on the Pinebridge Subdivision application, the applicant should
be required to install the conduit and poles for the signal at the intersection of Hickory Avenue
and Pine Avenue. The applicant should provide the District with a cash bond in an amount
determined by District Traffic Services for the actual cost of the installation of the mast arms
and signal heads. Mast arms and signal heads will be installed by the District when the signal
meets traffic warrants.
3. Commercial Street
a. Existing Conditions: Commercial Street is an existing private street, running the length of
the southern boundary of the site and intersecting with Eagle Road.
b. Private Road Policy: District policy 7212.1 states that other jurisdictions in Ada County
establish the requirements for private streets. The District retains authority and will review the
proposed intersection of a private and public street for compliance with District intersection
policies and standards.
c. Applicant Proposal: The applicant is proposing to extend their private driveway from Pine
Avenue through the site, connecting with Commercial Street to the south. The applicant is not
proposing any improvements to Commercial Street with this application and is not proposing
to convert Commercial Street into a public roadway.
d. Staff Comments/Recommendations: ACRD does not make any assurances that the private
street, which is a part of this application, will be accepted as a public road if such a request is
made in the future. Substantial redesign and reconstruction costs may be necessary in order
to qualify this road for public ownership and maintenance.
5 MCZC-10-078 & MDES-10-052
All requirements, as detailed in District Policy 7212.3, must be met if the applicant wishes to
dedicate the private street to ACRD in the future.
4. Driveways
4.1 Pine Avenue
a. Existing Conditions: There is one existing driveway that intersects Pine Avenue from the
site. The driveway is 40-feet wide and is located on the south side of Pine Avenue in
alignment with Rosario Street north of the site. The driveway is located approximately 1,360-
feet west of Eagle Road (measured centerline to centerline).
b. Policy
Access Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Driveway Location Policy: District Policy 7205.4.5 requires driveways located on minor
arterials near a signalized intersection with an existing or planned left turn lane should be
located a minimum of 330-feet from the intersection for aright-in/right-out only driveway and a
minimum of 660-feet from the intersection for afull-movement driveway.
Successive Driveways: District Policy 7205.4.6 Table 1 a, requires driveways located on
minor arterial roadways away from a signalized intersection with a speed limit of 35 MPH to
align or offset a minimum of 330-feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for
high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii
will be required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8
c. Applicant's Proposal: The applicant is proposing to widen the existing driveway to 50-feet
wide, including two travel lanes and a 10-foot wide center island.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District
Successive Driveway policy, which requires driveways on minor arterial roadways to align or
offset by 330-feet, as the next closest driveway is located approximately 260-feet east on the
north side of Pine Avenue (measured centerline to centerline). However, staff recommends a
modification of policy to allow the driveway to remain in this current location, due to the fact
that the driveway location was previously approved as part of Pinebridge Subdivision and the
driveway was constructed as part of the recent Pine Avenue widening project.
The applicant's proposal to widen the driveway an additional 10-feet to total 50-feet wide does
not meet District Driveway Width policy and should not be approved as proposed. Staff
recommends that the driveway width be left as is, aligned centerline-to-centerline with Rosario
Street on the north side of Pine Avenue across from the site. If desired, the applicant my
install an island within the existing driveway.
Additionally, the applicant should be required to remove the existing public street sign for
Rosario Street located within the driveway approach.
6 MCZC-10-078 & MDES-10-052
4.2 Hickory Avenue
a. Existing Conditions: There are no driveways on Hickory Avenue.
b. Policy
Driveway Location Policy: District policy 7208.4.1 requires driveways located near
intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the
nearest street intersection.
Commercial Driveway Policy: District policy 7208.4.3 restricts commercial driveways to a
maximum width of 40-feet. Most commercial driveways will be constructed as curb-cut type
facilities if located on commercial streets.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7208.4.3, 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.
c. Applicant Proposal: The applicant is proposing to construct a 24-foot wide driveway, located
approximately 250-feet south of the intersection of Hickory Avenue and Pine Avenue
(measured centerline-to-centerline).
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved as proposed.
5. 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.
6. 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.
7. Other Access
Pine Avenue is classified as a minor arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway.
D. Site Specific Conditions of Approval
1. Construct Hickory Avenue from Pine Avenue south along the site as one-half of a 40-foot street
section, with vertical curb, gutter and a 5-foot wide concrete sidewalk, plus 12-feet of additional
pavement widening beyond the centerline, and a 3-foot wide gravel shoulder and a borrow ditch
sized to accommodate the roadway storm runoff on the west side of the Hickory abutting the
site.
2. Install the conduit and poles for the signal at the intersection of Hickory Avenue and Pine
Avenue. Provide the District with a cash bond in an amount determined by District Traffic
Services for the actual cost of the installation of the mast arms and signal heads. Mast arms and
signal heads will be installed by the District when the signal meets traffic warrants.
7 MCZC-10-078 & MDES-10-052
3. If desired the applicant may install an island within the existing 40-foot wide driveway on Pine
Avenue located approximately 1,360-feet west of Eagle Road. Pave the driveway its full width
and at least 30-feet into the site beyond the edge of pavement.
4. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way.
2. Private sewer or water systems are prohibited from being located within the ACHD 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 ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all
applicable ACRD Standards unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACRD Planning Review will review the
site plan and may require additional improvements to the transportation system at that
time. Any change in the planned use of the property which is the subject of this
application, shall require the applicant to comply with ACHD Policy and Standard
Conditions of Approval in place at that time unless awaiver/variance of the requirements
or other legal relief is granted by the ACHD Commission.
8 MCZC-10-078 & MDES-10-052
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 consistent with applicable federal, state and local laws.
Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
Vicinity Map
9 MCZC-10-078 & MDES-10-052
Site Plan
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10 MCZC-10-078 & MDES-10-052
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-10-078 & MDES-10-052
~~ Development Process Checklist ~~
Items Completed to Date:
®Submit a development application to a City or to Ada County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Section will receive the development application to review
®The Planning Review Section will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific conditions of
approval at this time.
®Write a Staff Level report analyzing the impacts of the development on the transportation
system and evaluating the proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the
transportation system and evaluating the proposal for its conformance to District Policy.
^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.
DlD YOU REMEMBER:
Construction (Non-Subdivisions)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services
& Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use
Permit Application" to ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50'
or you are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment & Erosion Submittal
• At least one week prior to setting up 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 ACRD 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-10-078 & MDES-10-052
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-10-078 & MDES-10-052