ACHD Commentsf ~~'~~~
Date: August 3, 2011
To: Scentsy
3330 E. Louise Drive, Suite 600
Meridian, ID 83642
Subject: MCZC-11-020 & MDES-11-010
2700 E. Pine Avenue
Rebecca W. Arnold, President
John S. Franden, ice President
Carol A. McKee, Commissioner
Sara M. Baker, Commissioner
David L. Case, Commissioner
On August 3, 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
Development Services
Ada County Highway District
CC: Project file
City of Meridian (sent via email)
Jeffrey King, CTA Architects (sent via email)
Steve Arnold, CK Engineers P.C. (sent via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
x~~~~~
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Development Services Department
Project/File: MCZC-11-020 &MDES-11-010
This is a certificate of zoning compliance and design review application for the
construction of improvements including a parking lot, landscaping, ponds, bridges
and trellis structures. 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: August 3, 2011
Applicant: Scentsy
3300 E. Louise Drive, Ste. 600
Meridian, ID 83642
Representative: CTA Architects Engineers
Jeffrey King
1185 Grove Street
Boise, ID 83702
Staff Contact: Jarom Wagoner
Phone: 387-6174
E-mail: jwaaoner(c~achdidaho.orp
Tech Review: July 29, 2011
A. Findings of Fact
1. Description of Application: The applicant is proposing to construct new parking facilities as
the initial start of the planned Phase 2 for the Scentsy campus. Also included is the
construction of ponds, bridges, trellis structures and landscaping. Future expected
improvements on the site include a 161,000 square foot office tower and a 98,000 square foot
auditorium.
2. Description of Adjacent Surroundin Area:
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. Site History: ACHD Commission previously reviewed this site as MCZC-10-078 in February of
2011 and as Pinebridge Subdivision in August of 2007. 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:
• Pinebridge Subdivision is in various phases of development, surrounding the site.
MCZG11-020 &MDES-11-010
• PKG is in process of constructing their corporate headquarters approximately'/4 mile west of the
site. Under construction is a 35,615 square foot office building to include office space,
assembly/packaging areas, training rooms and a cafeteria.
• Scentsy is in process of constructing their corporate warehouse and office building, abutting the
site to the west. Under construction area 158,976 square foot warehouse and a 30,765 square
foot office building.
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 or the District's Capital Improvement Plan
(CIP).
B. Traffic Findings for Consideration
1. Trip Gsn®ratlon: The development being proposed with this application (the ooh
parking facilities) wiN not in itself generate any new traffic#o the site. The ~ ~~
site, as the corporate headquarters for Scentsy with a 161,000 square foot office tower a
97,718 square foot auditorium, is expected to generate 2,067 addl vehicle trips per ~y
(none existing); 363 addi#ional vehide trips per hourin the PM peakhour~~e ), 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-
feet Minor Arterial 535 Better than
"D" Better
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.
2 MCZC-11-020 & MDES-11-010
The average daily traffic count for Pine Avenue west of Eagle Road was 8,254 on June
3, 2009.
C. Findings for Consideration
1. Eagle Road
Eagle Road is under the jurisdiction of the Idaho Transportation Department (ITD). The
applicant, city of Meridian and ITD should work together to determine if additional right-of-way or
improvements are necessary on Eagle Road, abutting the site.
2. 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.
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.
Right-of-Way Policy: District Policy 7205.2.1.c states that the standard right-of-way width for
a 5-lane arterial roadway shall be 96-feet. This right-of-way allows for the construction of a S-
lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes.
Street Section Policy: District Policy 7205.5.2 states that the standard 5-lane street section
for arterial streets shall be 72-feet (back-of-curb to back-of-curb). This width typically
accommodates 2-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 states that concrete sidewalks at least five-feet wide
are required 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.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to
existing streets adjacent to a proposed development may be required. These improvements
are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction
or replacement; curb and gutter construction or replacement; replacement of unused
driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps;
pavement repairs; signs; traffic control devices; and other similar items.
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
3 MCZC-11-020 & MDES-11-010
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.
c. Applicant Proposal: The applicant is not proposing any improvements to Pine Avenue.
d. 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.
The applicant should be required to replace any deteriorated or deficient sidewalk, curb, gutter
or pedestrian facilities along Overland Road abutting the site, consistent with ACHD's Minor
Improvements Policy 7203.3.
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: ACHD 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.
All requirements, as detailed in District Policy 7212.3, must be met if the applicant wishes to
dedicate the private street to ACHD in the future.
4. Driveways
4.1 Pine Avenue
a. Existing Conditions: There are two driveways on Pine Avenue, abutting the site. They are
located as follows:
• 24-foot wide driveway located approximately 400-feet west of the intersection of Pine
Avenue and Eagle Road (measured centerline-to-centerline).
• 36-foot wide driveway located approximately 800-feet west of the intersection of Pine
Avenue and 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.
4 MCZC-11-020 & MDES-11-010
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 1a, 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 36-foot wide driveway
to 50-feet wide, including two 21-foot travel lanes and a 10-foot wide center island. The
applicant is not proposing any changes to the existing 24-foot wide driveway.
d. Staff Comments/Recommendations: The applicant's proposal for the 24-foot wide driveway
meets District Driveway Policy and should be approved, as proposed. Staff is recommending
that the applicant be required to extend the existing 6" center median, located on Pine Avenue
at its intersection with Eagle Road, approximately 100-feet to the west so as to extend the
restricted right-in/right-out only driveway further to the west, as shown in Exhibit "A". The
median currently ends at the western edge of the driveway, providing opportunities for unsafe
movements both into and out of the site. By extending the median this will help to further
restrict vehicles from making these movements and increasing safety at this driveway
location. The applicant should work with Development Review and Traffic Services staff
regarding the design and construction of the median.
Exhibit "A"
5 MCZC-11-020 & MDES-11-010
The applicant's proposal for the location of the existing 36-foot wide driveway meets District
Driveway Location and Successive Driveway Policies and should be approved, as proposed.
The applicant's proposal to expand the 36-foot wide driveway to 50-feet wide does not meet
District Driveway Width Policy; however staff is recommending a modification of policy to allow
the driveway to be reconstructed, as proposed. This is due to the fact that the driveway is
anticipated to have high volumes of traffic, including larger vehicles. Additionally there are no
conflicting driveways on the north.
The applicant should be required to remove approximately 35-feet of the median on Pine
Avenue, located approximately 820-feet west of the intersection of Pine Avenue and Eagle
Road, as shown in Exhibit "B". This will help facilitate the turning movement of westbound
vehicles leaving the site. The current median terminates in approximate alignment with the
western edge of the proposed expanded driveway. The applicant should work with
Development Review and Traffic Services staff regarding the appropriate length to be
removed and the reconfiguration of the median.
Exhibit "B"
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 1 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.
6 MCZC-11-020 & MDES-11-010
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
Utilize the existing 24-foot wide driveway, located approximately 400-feet west of the
intersection of Pine Avenue and Eagle Road, as proposed.
2. Lengthen (Expand) the existing 6" center median on Pine Avenue by 100-feet beginning at its
current terminus and continuing west for 100-feet, as shown in Exhibit "A". Work with
Development Review and Traffic Services staff regarding the design and construction of the
median.
3. Expand the existing 36-foot wide driveway, located approximately 800-feet west of the
intersection of Pine Avenue and Eagle Road, to no more than 50-feet wide. The proposed
landscape island shall not be located within the right-of-way.
4. Reduce the center landscaped median on Pine Avenue, located approximately 820-feet west of
the intersection of Pine Avenue and Eagle Road, by approximately 35-feet, as shown in Exhibit
"B". Work with Development Review and Traffic Services staff regarding the design and
reconfiguration of the median.
5. Provide the District with a sidewalk easement for any segment of sidewalk located outside of the
right-of-way.
6. Correct any deficiencies and/or replace deteriorated facilities on Pine Avenue, abutting the site,
including sidewalk construction or replacement; curb and gutter construction or replacement;
installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control
devices; and other similar items.
7. 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 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.
7 MCZC-11-020 & MDES-11-010
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 ACRD 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 ACRD. 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, 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
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.
F. Conclusions of Law
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. Letter from City of Meridian
4. Utility Coordinating Council
5. Development Process Checklist
6. Request for Reconsideration Guidelines
8 MCZC-11-020 & MDES-11-010
MCZC-11-020 & MDES-11-010
Vicinity Map
Site Plan
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10 MCZC-11-020 & MDES-11-010
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-11-020 & MDES-11-010
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 Levet report analyzing the impacts of the development on the
transportation system and evaluating the proposal for its conformance to District Policy.
items to be oomplswrd by Anolirsnt:
^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 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 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-11-020 & MDES-11-010
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-11-020 & MDES-11-010