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Project/File: Accommodations/ MPP14-0024/ MPP14-020
This is a preliminary plat application to construct 14 single family lots and 3 common
lots on 4.71 -acres. The site is located south of Falcon Drive and east of Eagle Road
in Meridian, Idaho.
Lead Agency:
City of Meridian
Site address:
South side of Falcon Drive &
Rural Urban Transition, Medium Low Density Residential
east of Eagle Road
Staff Approval:
XXXX, 2015
Applicant:
Providence Management
Rural Urban Transition
Zach Evans
West
7761 W Riverside Drive, Ste. 100
R-8
Boise, ID 83714
Representative: JUB Engineers, Inc.
Scott Wonders
250 S Beechwood Avenue, Ste. 201
Boise, ID 83714
Staff Contact: Stacey Yarrington
Phone: 387-6171
E-mail: syarrington(c�achdidaho.org
A. Findings of Fact
Description of Application: The applicant is requesting approval of a preliminary plat to
construct 14 single family lots and 3 common lots on 4.71 -acres. The site is zoned R-4 and is
consistent with the City of Meridian's Comprehensive Plan.
2. Description of Adjacent Surrounding Area:
Direction
Land Use
Zoning
North
Rural Urban Transition, Medium Low Density Residential
RUT, R-4
South
Rural Urban Transition, Low Density Residential
RUT, R-2
East
Rural Urban Transition
RUT
West
Medium Low Density Residential
R-8
3. Site History: ACHD previously reviewed this site as Harcourt Subdivision/ MPP -06-048/ MAZ-
06-046 in November 2006. The requirements of this staff report are not consistent with those of
the prior action as no improvements were required to Falcon Drive.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
DRAFT Accommodations/ MPP14-0024/ MPP14-020
• Karmelle Subdivision (MPP -12-014), a 43 single lot development on 16.13 acres was
approved by ACHD on January 2, 2013; and located directly north of the site.
• Falconers Place (MPP -13-039/ MMDA-13-024/ MALT -13-025), a triplex (36 units) and a single
family lot on 4.69 acres was approved by ACHD on February 5, 2014; and located directly
west of the site.
As part of the Falconers Place application, due to a request by a neighbor, a site distance
evaluation was conducted and it was determined that the intersection of Falcon Drive/Eagle
Road is within appropriate parameters. Also, at the request of the same neighbor, ACHD staff
fixed a drainage problem at the northeast corner of Falcon Drive/Eagle Road; and widened
the pavement on Eagle Road at that intersection to allow for school bus loading.
5. Transit: Transit services are not available to serve this site.
6. New Center Lane Miles: The proposed development includes 0.16 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/ Integrated Five Year Work Plan:
There are currently no roadways, bridges or intersections in the general vicinity of the project that
are currently in the Integrated Five Year Work Program (IFYWP) or the District's Capital
Improvement Plan (CIP).
• Eagle Road and Bridge #247 is scheduled in the IFYWP to be replaced/widened/built in 2018.
• Victory Road is listed in the CIP to be widened to 5 -lanes from Eagle Road to Cloverdale Road
between 2022 and 2026.
Eagle Road is listed in the CIP to be widened to 5 -lanes from Amity Road to Victory Road
between 2027 and 2031.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 133 additional vehicle trips per day
(10 existing); 14 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 two-lane minor arterial is "D" (550 VPH).
• Acceptable level of service for a three -lane minor arterial is "E" (690 VPH).
2 DRAFT Accommodations/ MPP14-0024/ MPP14-020
Functional
PM Peak
PM Peak
Existing
Roadway
Frontage
Classification
Hour
Hour Level
Plus
Traffic Count
of Service
Project
Eagle Road
0 -feet
Principal
561
Better than
"E"
Better than
"E"
Arterial
Victory Road
0 -feet
Minor Arterial
615
Better than
«E"
Better than
«E„
Falcon Drive
564 -feet
Local
N/A
N/A
N/A
• Acceptable level of service for a two-lane principal arterial is "E" (690 VPH).
• Acceptable level of service for a two-lane minor arterial is "D" (550 VPH).
• Acceptable level of service for a three -lane minor arterial is "E" (690 VPH).
2 DRAFT Accommodations/ MPP14-0024/ MPP14-020
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 Eagle Road north of Amity Road was 8,914 on
4/3/2014.
The average daily traffic count for Victory Road west of Cloverdale Road was 9,363 on
6/10/2014.
C. Findings for Consideration
1. Falcon Drive
a. Existing Conditions: Falcon Drive is improved with 2 -travel lanes, 25 -feet of pavement, and
no curb, gutter or sidewalk abutting the site. There is 50 -feet of right-of-way for Falcon Drive
(25 -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.
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 50 -feet wide and that the standard
street section shall be 36 -feet (back -of -curb to back -of -curb). The District will consider the
utilization of a street width less than 36 -feet with written fire department approval.
Standard Urban Local Street -36 -foot to 33 -foot Street Section and Right-of-way Policy:
District Policy 7207.5.2 states that the standard street section shall be 36 -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 concrete sidewalks on both sides
and shall typically be within 50 -feet of right-of-way.
The District will also consider the utilization of a street width less than 36 -feet with written fire
department approval. Most often this width is a 33 -foot street section (back -of -curb to back -
of -curb) for developments with any buildable lot that is less than 1 acre in size.
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:
• 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.
3 DRAFT Accommodations/ MPP14-0024/ MPP14-020
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 construct Falcon Drive as half of a 36 -
foot street section with curb, gutter, and 5 -foot wide sidewalk abutting the site.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
2. Internal Street
a. Existing Conditions: There are no existing streets 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 50 -feet wide and that the standard
street section shall be 36 -feet (back -of -curb to back -of -curb). The District will consider the
utilization of a street width less than 36 -feet with written fire department approval.
Standard Urban Local Street -36 -foot to 33 -foot Street Section and Right-of-way Policy:
District Policy 7207.5.2 states that the standard street section shall be 36 -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 concrete sidewalks on both sides
and shall typically be within 50 -feet of right-of-way.
4 DRAFT Accommodations/ MPP14-0024/ MPP14-020
The District will also consider the utilization of a street width less than 36 -feet with written fire
department approval. Most often this width is a 33 -foot street section (back -of -curb to back -
of -curb) for developments with any buildable lot that is less than 1 acre in size.
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:
• 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.
c. Applicant Proposal: The applicant is proposing to construct the internal street into the site
as a 36 -foot street section (back of curb to back of curb) with rolled curb, gutter, and 5 -foot
wide sidewalk within 50 -feet of right-of-way; terminating in a cul-de-sac.
6 DRAFT Accommodations/ MPP14-0024/ MPP14-020
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
The applicant should be required to construct the cul-de-sac with a minimum 45 -foot turning
radius consistent with District policy.
3. Roadway Offsets
a. Existing Conditions: There are no existing roadway offsets abutting 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 to construct a new local roadway to
intersect Falcon Drive approximately 1,152 -feet (measured centerline to centerline) east of
Eagle Road. The new local roadway offset is in alignment with the intersecting street, Caleb
Way, to the north.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
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.
D. Site Specific Conditions of Approval
1. Construct Falcon Drive as half of a 36 -foot street section with curb, gutter, and 5 -foot wide
sidewalk abutting the site.
2. Construct the internal street into the site as a 36 -foot street section with rolled curb, gutter, and 5 -
foot wide sidewalk within 50 -feet of right-of-way; terminating in a cul-de-sac with a minimum 45 -
foot radius.
3. Construct a new local roadway to intersect Falcon Drive approximately 1,152 -feet east of Eagle
Road, in alignment with the intersecting street, Caleb Way, to the north.
4. Payment of impacts fees are due prior to issuance of a building permit.
5. 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).
6 DRAFT Accommodations/ MPP14-0024/ MPP14-020
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 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
7 DRAFT Accommodations/ MPP14-0024/ MPP14-020
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
DRAFT Accommodations/ MPP14-0024/ MPP14-020
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10 DRAFT Accommodations/ MPP14-0024/ MPP14-020
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 e-mail notification information.
11 DRAFT Accommodations/ MPP14-0024/ MPP14-020
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 ApokAlk'1t:
❑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.
12 DRAFT Accommodations/ MPP14-0024/ MPP14-020
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 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.
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 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.
13 DRAFT Accommodations/ MPP14-0024/ MPP14-020