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PZ - ACHD Reply   1 Cherry Blossom Place/MPP18-0009/H-2018-0018 Development Services Department Project/File: Cherry Blossom Place/ MPP18-0009/ H-2018-0018 This is a rezone from R-4 to R-8 and a preliminary plat consisting of 60 buildable lots on 10.25 acres. Lead Agency: City of Meridian Site address: 615 W. Cherry Lane Staff Approval: April 16, 2018 Applicant: Doug Jayo Jayo Land Development Company, Inc. 10564 W. Business Park Lane Boise, ID 83709 Representative: Jon Breckon Breckon Land Design 6661 N. Glenwood Street Garden City, ID 83714 Staff Contact: Dawn Battles & Austin Miller Phone: 387-6218 & 387-6335 E-mail: dbattles@achdidaho.org amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a rezone from R-4 (Medium Low-Density Residential) to R-8 (Medium-Density Residential) and a preliminary plat consisting of 60 buildable lots and 10 common lots on 10.25 acres. The applicant’s proposal is consistent with the City of Meridian’s comprehensive plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium-Low Density Residential/ Limited Office R-4 and L-O South Medium-Low Density Residential R-4 East Medium Density Residential R-8 West Medium-Low Density Residential R-4 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are not available to serve this site. 5. Pathway Crossings: In shared use paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared use path. 2 Cherry Blossom Place/MPP18-0009/H-2018-0018 6. New Center Lane Miles: The proposed development includes 0.4 centerline miles of new public road. 7. 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. 8. Capital Improvements Plan (CIP): There are no roadways, bridges or intersections in the general vicinity of the project that are in the Integrated Five Year Work Plan (IFYWP).  Fairview Avenue is listed in the CIP to be widened to 7-lanes from Meridian Road to Locust Grove Road between 2031 and 2035.  Linder Road is listed in the CIP to be widened to 3-lanes from Franklin Road to Cherry Lane between 2031 and 2035.  The intersection of Fairview Avenue and Locust Grove Road is listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south, 8-lanes on the east, and 8-lanes on the west leg, and signalized between 2021 and 2025.  The intersection of Cherry Lane and Linder Road is listed in the CIP to be widened to 4- lanes on the north leg, 4-lanes on the south, 6-lanes on the east, and 5-lanes on the west leg, and signalized between 2021 and 2025. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 562 additional vehicle trips per day (10 existing); 59 additional vehicle trips per hour in the PM peak hour (1 existing), based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a two-lane principal arterial is “E” (690 VPH). * Acceptable level of service for a five-lane principal arterial is “E” (1,780 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 Cherry Lane west of Meridian Road was 24,972 on November 14, 2017.  The average daily traffic count for Linder Road south of Cherry Lane was 12,241 on May 8, 2014. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project Cherry Lane 115-feet Principal Arterial 1,295 Better than “E” Better than “E” Linder Road 0-feet Principal Arterial 627 Better than “E” Better than “E” NW 7th Street 161-feet Local Street N/A N/A N/A 3 Cherry Blossom Place/MPP18-0009/H-2018-0018 C. Findings for Consideration 1. Cherry Lane a. Existing Conditions: Cherry Lane is improved with 5-travel lanes, vertical curb, gutter, and 8-foot wide sidewalk abutting the site. There is 80-feet of right-of-way for Cherry Lane (37- 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. 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 features required through development. This segment of Cherry Lane is designated in the MSM as a Mobility Corridor (Under Study) with 5-lanes and no on-street bike lanes. c. Applicant Proposal: The applicant is not proposing any improvements to Cherry Lane abutting the site. d. Staff Comments/Recommendations: Cherry Lane is fully improved with 5-travel lanes, curb, gutter and sidewalk abutting the site. Therefore, no additional right-of-way is required with this application. Consistent with ACHD’s Minor Improvements Policy, the applicant should be required to correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and sidewalk on Cherry Lane abutting the site. 2. NW 7th Street a. Existing Conditions: NW 7th Street is improved with 2-travel lanes, 33-feet of pavement, curb, gutter and no sidewalk abutting the site. There is 60-feet of right-of-way for NW 7th Street (30-feet from centerline). b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of t he street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to 4 Cherry Blossom Place/MPP18-0009/H-2018-0018 provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. 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. 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. c. Applicant’s Proposal: The applicant is not proposing any improvements to NW 7th Street abutting the site. d. Staff Comments/Recommendations: The applicant should construct 5-foot wide sidewalk on NW 7th Street abutting the site. The applicant should provide a permanent right-of-way easement to 2-feet behind the back of sidewalk for any public sidewalk located outside of the dedicated right-of-way. Consistent with ACHD’s Minor Improvements Policy, the applicant should be required to correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW 7th Street abutting the site. 3. Local Roadways – McFadden Avenue, Cherry Blossom Place, Winsford Court, Cedarburg Street a. Existing Conditions: McFadden Avenue is constructed as a stub street to the east property line of the site. No local streets exist internal to the site. b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way widths for all local streets shall generally not be less than 47-feet wide and that the standard street section shall be 33-feet (back-of-curb to back-of-curb). Standard Urban Local Street—33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that the standard street section shall be 33-feet (back-of-curb to back- of-curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 47-feet of right-of-way. Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. Benefits of connectivity include but are not limited to the following: 5 Cherry Blossom Place/MPP18-0009/H-2018-0018  Reduces vehicle miles traveled.  Increases pedestrian and bicycle connectivity.  Increases access for emergency services.  Reduces need for additional access points to the arterial street system  Promotes the efficient delivery of services including trash, mail and deliveries.  Promotes appropriate intra-neighborhood traffic circulation to schools, parks, neighborhood commercial centers, transit stops, etc.  Promotes orderly development. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. 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. Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to provide a minimum turning radius of 45-feet; in rural areas or for temporary cul-de-sacs the emergency service providers may require a greater radius. Landscape and parking islands may be constructed in turnarounds if a minimum 29-foot street section is constructed around the island. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. The developer shall provide written approval from the appropriate fire department for this design element. The District will consider alternatives to the standard cul-de-sac turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the agency providing emergency fire service for the area where the development is located. 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. c. Applicant’s Proposal: The applicant is proposing to continue McFadden Avenue into the site as a knuckle with curb, gutter and attached sidewalk to intersect with Cherry Blossom Place. The applicant is proposing to construct Cherry Blossom Place and Winsford Court as 33 -foot street sections with curb, gutter and 5-foot wide attached sidewalk within 47-feet of right-of- way. 6 Cherry Blossom Place/MPP18-0009/H-2018-0018 The applicant is proposing to terminate Winsford Court in a cul-de-sac, approximately 440-feet south of McFadden Avenue (measured centerline-to-centerline). The applicant is proposing to construct Cedarburg Street as a 33-foot street section with curb gutter and 5-foot wide sidewalk on the south side of Cedarburg Street and a 10-foot wide pathway on the north side of Cedarburg Street within 52-feet of right-of-way. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. The applicant should construct the cul-de-sac and the knuckle with a minimum 45-foot turning radius. 4. Roadway Offsets a. Existing Conditions: No local streets exist internal to the site. b. Policy: Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a minimum offset of 125-feet from any other street (measured centerline to centerline). c. Applicant’s Proposal: The applicant is proposing Cedarburg Street to intersect NW 7th Street 420-feet north of Washington Street. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. 5. Driveways – 4th Street a. Existing Conditions: There is an existing private cross access drive aisle on 4th Street aligned with Cherry Avenue. b. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.4.3, 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’s Proposal: The applicant is proposing to extend the existing private drive aisle to serve 3 additional lots. d. Staff Comments/Recommendations: The applicant should be required to pave the existing drive aisle its full width and a minimum of 30-feet into the site from the edge of pavement on 4th Street. 6. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 7. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 7 Cherry Blossom Place/MPP18-0009/H-2018-0018 8. Other Access Cherry Lane is classified as a principal arterial roadway. Direct lot access is prohibited to these roadways and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and sidewalk on Cherry Lane abutting the site. 2. Construct 5-foot wide sidewalk on NW 7th Street abutting the site. 3. Provide a permanent right-of-way easement to 2-feet behind the back of sidewalk for any public sidewalk located outside of the dedicated right-of-way. 4. Correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW 7th Street abutting the site. 5. Continue McFadden Avenue into the site with curb, gutter and attached sidewalk to intersect Cherry Blossom Place. 6. Construct the knuckle on McFadden Avenue with a minimum 45-foot back of curb radius. 7. Construct Cherry Blossom Place and Winsford Court as 33-foot street sections with curb, gutter and 5-foot wide attached sidewalk within 47-feet of right-of-way. 8. Terminate Winsford Court in a cul-de-sac, approximately 440-feet south of McFadden Avenue, as proposed. 9. Construct Cedarburg Street as a 33-foot street section with curb gutter and 5-foot wide sidewalk on the south side of Cedarburg Street and a 10-foot wide pathway on the north side of Cedarburg Street within 52-feet of right-of-way. 10. Construct the cul-de-sac and the knuckle with a minimum 45-foot turning radius. 11. Pave the existing drive aisle its full width and a minimum of 30-feet into the site from the edge of pavement on 4th Street. 12. Direct lot access to Cherry Lane is prohibited and shall be noted on the final plat. 13. Payment of impact fees is due prior to issuance of a building permit. 14. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right -of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 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. 8 Cherry Blossom Place/MPP18-0009/H-2018-0018 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 ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from 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 a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 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 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. Site Plan 2. Vicinity Map 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 9 Cherry Blossom Place/MPP18-0009/H-2018-0018 SITE PLAN 10 Cherry Blossom Place/MPP18-0009/H-2018-0018 VICINITY MAP 11 Cherry Blossom Place/MPP18-0009/H-2018-0018 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 mee ting 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 e-mail notification information. 12 Cherry Blossom Place/MPP18-0009/H-2018-0018 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. 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 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 a Pre-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 a Pre-Con. 13 Cherry Blossom Place/MPP18-0009/H-2018-0018 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 Development Services Manager when it is alleged that the Development Services 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 and Clerk of the District, 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 a ppeal 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 t he 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 Development Services 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 Development Services 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.