ACHD Commentsf ~~~~~
CHD ~
Date: October 22, 2013
To: Crimson Maple Townhomes, LLC (sent via email)
Todd Campbell
P.O. Box 140298
Boise, ID 83714
Subject: MRZ-13-011 & MCUP-13-011
East of 4th Street, North of Maple Avenue
Sara M. Baker, President
)ohn S. Franden, Vice President
Rebecca W. Amold, Commissioner
Mitchell A. Jaurena, Commissioner
Jim Hansen, Commissioner
On October 22, 2013 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) 387-6218.
Sincerely,
Lauren Watsek
Planner I
Development Services
Ada County Highway District
CC: Project file
City of Meridian (sent via email)
Justin Leraris (sent via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Development Services Depcn~tment
~=~~~~s
~ CHD ~
cfl~~e ~fl ~,:~
Project/File: MRZ-13-011 &MCUP-13-011
The applicant is requesting rezone and conditional use permit approvals fora 12 unit
multifamily development on 1.59 acres.
Lead Agency: City of Meridian
Site address: East of 4th Street, North of Maple Avenue
Staff Approval: October 22, 2013
Applicant: Todd Campbell
Crimson Maple Townhomes, LLC.
P.O. Box 140298
Boise, ID 83714
Representative: Justin Leraris & Michelle Foley
J.J. Howard Engineering, LLC
5983 W. State St., Ste. D
Boise, ID 83703
Staff Contact: Lauren Watsek
Phone: 387-6218
E-mail: Iwatsek a.achdidaho.ora
A. Findings of Fact
Description of Application: The applicant is requesting to rezone 1.59 acres from R-8 to R-15.
The applicant is also requesting a conditional use permit to construct a multifamily development
consisting of 12 residential units in a proposed R-15 zoning District for the Crimson Maple
Apartments.
The applicant's proposal is consistent with the comprehensive plan for the City of Meridian.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zonin
North Church of Jesus Christ of Latter Da Saints R-4
South Western Subdivision R-4
East Western Subdivision R-4
West Midtown Square Subdivision R-8
3. Site History: ACHD staff previously reviewed this site as Deklan Subdivision (MPP-07-002 &
MRZ-07-001) in January 2007. The requirements of this staff report are consistent with those
of the prior action.
4. Transit: Transit services are not available to serve this site.
MRZ-13-011 &MCUP-13-011
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):
• Meridian Road is scheduled in the Five Year Work Plan to be widened to 5 lanes from Cherry
Lane to Ustick Road in 2017.
• Fairview Avenue is listed in the Five Year Work Plan to improve safety and traffic operations in
accordance with the Fairview Avenue Corridor Management Strategy between Linder Road and
Orchard Street. Project may include raised medians and other access management treatments.
• The intersection of Cherry Lane and Linder Road is scheduled in the Five Year Work Plan to be
widened to 7 lanes on the north leg, 7 lanes on the south, 7 lanes east, and 7 lanes on the west
leg, and reconstructed in 2018.
• Linder Road is listed in the Capital Improvements Plan to be widened to 5 lanes from Franklin
Road to Ustick Road between 2022 and 2026.
• Meridian Road is listed in the Capital Improvements Plan to be widened to 5 lanes from Cherry
Lane to Ustick Road between 2017 and 2021.
• The intersection of Cherry Lane and Linder Road is listed in the Capital Improvements Plan to
be widened to 7 lanes on the north leg, 7 lanes on the south, 7 lanes east, and 7 lanes on the
west leg, and signalized between 2017 and 2021.
B. Traffic Findings for Consideration
Trip Generation (if TIS not required): This development is estimated to generate 97 additional
vehicle trips per day; 11 additional vehicle trips per hour in the PM peak hour, based on the
Institute of Transportation Engineers Trip Generation Manual, 9t" edition.
2. 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
j
Traffic Count of Service Pro
ect
NW 4t" Street 80 feet Collector 25 Better than Better
"D" than "D"
Maple Avenue None Local N/A N/A N/A
NW 2~d Street None Local N/A N/A N/A
Cherry Lane None Principal 1,038 Better than
"
" Better
"
"
Arterial E than
E
* 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 NW 4t" Street north of Pine Avenue was 515 on
February 18, 2010.
The average daily traffic count for Cherry Lane west of Meridian Road was 23,362 on
June 1.2011.
MRZ-13-011 & MCUP-13-011
C. Findings for Consideration
1. NW 4t" Street
a. Existing Conditions: NW 4th Street is improved with 2 travel lanes, 17 feet of pavement, and
no curb, gutter or sidewalk abutting the site. There is 30 feet of right-of-way for NW 4th Street.
b. Policy:
Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for
improving all collector frontages adjacent to the site or internal to the development as required
below, regardless of whether access is taken to all of the adjacent streets.
Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector
street is designated with a typology on the Master Street Map, that typology shall be
considered for the required street improvements. If there is no typology listed in the Master
Street Map, then standard street sections shall serve as the default.
Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard
right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the
location and width of the sidewalk and the location and use of the roadway. The right-of-way
width may be reduced, with District approval, if the sidewalk is located within an easement; in
which case the District will require a minimum right-of-way width that extends 2-feet behind
the back-of-curb on each side.
The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically
accommodates a single travel lane in each direction, a continuous center left-turn lane, and
bike lanes.
Residential Collector Policy: District policy 7206.5.2 states that the standard street section
for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District
will consider a 33-foot or 29-foot street section with written fire department approval and
taking into consideration the needs of the adjacent land use, the projected volumes, the need
for bicycle lanes, and on-street parking.
Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalks at least 5-feet wide to
be constructed on both sides of all collector 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.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated 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.
ACHD Master Street Map: ACRD 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 NW 4`" Street is designated in the
MSM as a Residential Collector with 2 lanes and on-street bike lanes, a 36 foot street section
within 50 feet of right-of-way.
MRZ-13-011 & MCUP-13-011
c. Applicant Proposal: The applicant is proposing to dedicate 30 feet of right-of-way for NW 4tn
Street from centerline to ACHD and construct NW 4`n Street as a 36 foot street section with
curb, gutter, 6 foot parkway and detached 5 foot wide sidewalk abutting the site.
d. Staff Comments/Recommendations: The applicant's proposal to dedicate 30 additional feet
of right-of-way for NW 4tn Street from centerline meets District Policy and should be approved
as proposed.
The applicant's proposal to construct NW 4tn Street as a 36 foot street section with vertical
curb, gutter, 6 foot wide parkway, and detached 5 foot wide concrete sidewalk abutting the
site meets District Policy and should be approved as proposed. No parking is allowed on this
street section so the applicant should install "NO PARKING" signs.
2. Driveways
2.1 NW 4tn Street
a. Existing Conditions: There are no existing driveways from the site onto NW 4tn Street.
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.
District Policy 7206.1 states that the primary function of a collector is to intercept traffic from
the local street system and carry that traffic to the nearest arterial. A secondary function is to
service adjacent property. Access will be limited or controlled. Collectors may also be
designated at bicycle and bus routes.
Driveway Location Policy: District policy 7206.4.4 requires driveways located on collector
roadways near a STOP controlled intersection to be located outside of the area of influence;
OR a minimum of 150-feet from the intersection, whichever is greater. Dimensions shall be
measured from the centerline of the intersection to the centerline of the driveway.
Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on
collector roadways with a speed limit of 20 MPH and daily traffic volumes greater than 200
VTD to align or offset a minimum of 245-feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7206.4.6 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,
7206.4.6, 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 7206.4.6.
c. Applicant's Proposal: The applicant is proposing to construct a 24 foot wide private road
entrance located 50 feet north of the south property line, and 155 feet north of Maple Avenue.
d. Staff CommentslRecommendations: The applicant's proposal does not meet District
Successive Driveway Policy because of the proximity to Maple Avenue. However, staff
recommends a modification of policy to allow the driveway to be located as proposed due to
the limited frontage.
4 MRZ-13-011 & MCUP-13-011
3. Private Roads
a. Private Road Policy: District policy 7212.1 states that the lead land use agencies 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. The private road should have the following requirements:
• Designed to discourage through traffic between two public streets,
• Graded to drain away from the public street intersection, and
• If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of
50-feet from the near edge of the intersection and a turnaround shall be provided.
b. Applicant Proposal: The applicant is proposing to construct one private road to intersect NW
4th Street approximately 50 feet north of the south property line.
c. Staff Comments/Recommendations: If the City of Meridian approves the private road, the
applicant shall be required to pave the private roadway a minimum of 20 to 24-feet wide and at
least 30-feet into the site beyond the edge of pavement of all public streets and install pavement
tapers with 15-foot curb radii abutting the existing roadway edge. If private roads are not
approved by the City of Meridian, the applicant will be required to revise and resubmit the
preliminary plat to provide public standard local streets in these locations.
Street name and stop signs are required for the private road. The signs may be ordered
through the District. Verification of the correct, approved name of the road is required.
ACRD does not make any assurances that the private road, 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.
The following requirements must be met if the applicant wishes to dedicate the roadway to
ACRD:
• Dedicate a minimum of 50-feet of right-of-way for the road.
• Construct the roadway to the minimum ACHD requirements.
• Construct a stub street to the surrounding parcels.
4. 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.
5. 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. Other Access
NW 4th Street is classified as a collector roadway. Other than the access specifically approved
with this application, direct lot access is prohibited to this roadway and should be noted on the
final plat.
MRZ-13-011 & MCUP-13-011
D. Site Specific Conditions of Approval
Dedicate 30 additional feet of right-of-way for NW 4th Street from centerline abutting the site, as
proposed.
2. Construct NW 4th Street as a 36 foot collector street section with vertical curb, gutter, and 5 foot
wide detached sidewalk, as proposed.
3. Install "NO PARKING" signs on NW 4th Street.
4. Locate the private road as proposed, 50 north of the south property line.
5. Pave the private road entrance its full width of 24 feet and at least 30 feet into the site beyond the
edge of pavement of the roadway.
6. Install street name and stop signs for the private road.
7. Direct lot access is prohibited to NW 4th Street and shall be noted on the final plat.
8. Payment of impacts fees are due prior to issuance of a building permit.
9. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All irrigation facilities shall be relocated outside of the ACRD right-of-way.
2. Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
3. In accordance with District policy, 7203.3, 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 ACRD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within 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.
MRZ-13-011 & MCUP-13-011
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 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. ACRD 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.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
MRZ-13-011 & MCUP-13-011
ICINITY MAP
~ ,
~,
-~ ~ `~ ~ ~j
i ~
w '
~ ti' .
_ ~~
,~
~~ z
~y~~j b~!-LR
~a~r3s+~.aF~iasa.~~~+et~i~~rs~-3:.. ~
~ -
n
_ - - - ,!
_ -
,,~
..,~ - ,~
~~._ ..,
~
~
~ 1
~ ~ ~ t-
8 MRZ-13-011 & MCUP-13-011
SITE PLAN
g_T?~ _ _ ' 'y,,,1
i ~ ~~
fa ~ ~ ~~
1 ; ~II I y~,~, ' 4 R ~~1
'~ ~ ~. _ _ _.. t ~1
i I ~ - 1
' ~ ~ O ,' ``y~tlll I~~~P..
Y-E ~:Y
~- _~ =~,
~~ ,~
F
i ]~
j ~I 7
1 -;
f ~ j ~' ~
~ ~ ~ '7 -T,
s
I~~ ~
i
~ a
............ . i __
~_
_~_
~r .~~
;,
' jo 1 . .;-
O
~~;.~ ~r
_ ~ ~, g~~~~ ~~
`~ F
``, I 'i _ P4~7~t
I`---t- -~I k Y
i
~_
4 I 1~
~ Ao
_:_'`~ ~ LqS ~~.
~~-~~~
9~
~~~
6 ~'- ~~
J S
n~
T ii
#S~~G IA~~~F?'s~
i EV ~`3 i
~~~ ~' i N x~L x
a - ~~ sx~g zaz ,~ ~ ~~, y
e !I _f
~ Ib ~ ~ I'9'I ~ a~ ~~ i~i~i / 9 7 u4e~t k~ .i~.
~ - N 4~-~ r ~ii~~~ 1 Yqy N~ L~~ ~ny"
a 'r eye
~ is got ~ --'~--.-'__ ~ \ _9AgY ~~ ~ ~~
~ ~ ~ ~ ~ ~
.~. ~;s
~ c ~e F ~
~ 1 ~~~3 ~R ~~ (~i~ P
.~~ ~F `~;,p~ i , i ka ~~ c~ a 3pp
"~' ' I ' ~a~ f~4 em Ps`3
~~! • ~i4
' r ~€'~ F~ f 79:
a ~ 3 7 ~ ? ~' $ M Y$~' ~~~ ~~ PRI
~ pg t ~ ~ r~'Y ~ ~ A k § ~ F'a (~~ ~~ 7E
`
...
--~h--•
~~ "~-~ ~E'~I`IDN;
<z ~~~:•y :•R ~. ~• ~. CRIMSON MAPLE TOWNHOMES J.J. HOWARD
~ ~~m ~ ~f
I--~ z { ~ ' a I 1 [•Y_.:~4_:;+:~;-: ~ U~V'C $UhVEYIAG
in r~~a ~ r. oa^~aox~'w~s
~ ~ ' F, ~ vENIUTAN, IIiAHO
9 MRZ-13-011 & MCUP-13-011
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 fo the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for e-mail notification information.
10 MRZ-13-011 & MCUP-13-011
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 ACRD 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.
Items to be completed by Applicant:
^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 8~ 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 ACRD 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.
11 MRZ-13-011 & MCUP-13-011
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant
of the final decision made by the ROWDS Manager when it is alleged that the ROWDS
Manager did not properly apply this section 7101.6, did not consider all of the relevant facts
presented, made an error of fact or law, abused discretion or acted arbitrarily and
capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
COStS.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with
the Secretary of Highway Systems, which must be filed within ten (10) working
days from the date of the decision that is the subject of the appeal. The notice of
appeal shall refer to the decision being appealed, identify the appellant by name,
address and telephone number and state the grounds for the appeal. The
grounds shall include a written summary of the provisions of the policy relevant
to the appeal and/or the facts and law relied upon and shall include a written
argument in support of the appeal. The Commission shall not consider a notice
of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the
date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may
also consider and/or modify the decision that is being appealed. A copy of the
reply and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant
of the ROWDS Manager's reply to the notice of appeal. A copy of the decision
being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm
or reverse, in whole or part, or otherwise modify, amend or supplement the
decision being appealed, as such action is adequately supported by the law and
evidence presented at the hearing.
12 MRZ-13-011 & MCUP-13-011
Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 3:00 p.m. on the day prior to the Commission's next scheduled regular
meeting following the meeting at which the action to be reconsidered was taken. Upon
receipt of the request, the Secretary shall cause the same to be placed on the agenda
for that next scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting
forth new facts and information not presented at the earlier meeting, or a changed
situation that has developed since the taking of the earlier vote, or information
establishing an error of fact or law in the earlier action. The request may also be
supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACHD staff for further review. The Commission may set the date of the meeting at
which the matter is to be returned. The Commission shall only take action on the
original matter at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may
take any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to
cover administrative costs, as established by the Commission.
13 MRZ-13-011 & MCUP-13-011