HomeMy WebLinkAboutPZ - ACHD Final CommentsPaul Woods, President
Rebecca W. Arnold, Vice President
Sara M. Baker, Commissioner
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
April 12, 2017
To: Chris Fuhrman
1737 E Summerfalls Drive
Meridian, ID 83646
Subject: New Beginnings/ MPP17-0006/ H-2017-0026
780 E Ustick Road
Annexation with an R-4 zoning designation for a shortplat consisting of 2 lots
In response to your request for comment, the Ada County Highway District has reviewed the
submitted application and site plan for the item referenced above. It has been determined that
ACHD has site specific conditions of approval for this application.
A. Findings of Fact
1. Right-of-Way and Improvements - Ustick Road
a. Existing Conditions: Ustick Road is currently under construction from Linder Road
to Locust Grove Road, to be widened to 5-lanes with curb, gutter, bike lanes, and
detached sidewalk. This site is within the ACHD project boundaries.
b. Staff Comments/Recommendations: All improvements on Ustick Road, including
sidewalk, will be constructed by ACHD. No access is allowed onto Ustick Road from
the site with this application and should be noted on the final plat.
2. Right-of-Way and Improvements - Curt Drive
a. Existing Conditions: There is 32-feet of pavement, valley gutter curbing, and no
sidewalk abutting the site. There is 50-feet of right-of-way for Curt Drive (25-feet from
centerline).
b. 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.
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.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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.
c. Applicant’s Proposal: The applicant is proposing to construct an attached 5-foot
wide sidewalk along Curt Drive abutting the site.
d. Staff Comments/Recommendations: The applicant’s proposal meets District policy
and should be approved, as proposed. The applicant should coordinate the design of
the sidewalk with District Development Services staff.
3. Driveways
a. Driveway Location Policy: District policy 7207.4.1 requires driveways located near
intersections to be located a minimum of 75-feet (measured centerline-to-centerline)
from the nearest street intersection.
Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are
required, residential driveways shall be restricted to a maximum width of 20-feet and
may be constructed as curb-cut type driveways.
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.
b. Applicant’s Proposal: The applicant is proposing to construct a 20-foot wide shared
common driveway within a 30-foot wide easement along the north property line onto
Curt Drive. The driveway is proposed to be located approximately 160-feet north of
Ustick Road (measured centerline to centerline).
c. Staff Comments/Recommendations: The applicant’s proposal meets District policy
and should be approved, as proposed. The applicant should pave the driveway its full
width and at least 30-feet into the site beyond the edge of Curt Drive.
B. Site Specific Conditions of Approval
1. Construct an attached 5-foot wide sidewalk along Curt Drive abutting the site.
Coordinate the design with District Development Services staff.
2. Construct a 20-foot wide shared common driveway within a 30-foot wide easement along
the north property line onto Curt Drive, located 160-feet north of Ustick Road.
3. Pave the driveway its full width and at least 30-feet into the site beyond the edge of Curt
Drive.
4. No access is allowed onto Ustick Road from the site with this application and shall be
noted on the final plat.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
5. A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a
building permit. Please contact the ACHD Planner (see below) for information regarding
impact fees.
6. Plans shall be submitted to the ACHD Development Services Department for plans
acceptance, and impact fee assessment (if an assessment is applicable).
7. Comply with the Standard Conditions of Approval as noted below.
C. Traffic Information
Trip Generation
The exact uses for the 2 lots are unknown at this time. Below is a list of potential land uses
based on the R-4 zoning designation and their estimated trip generation rates based on the
Institute of Transportation Engineers Trip Generation Manual, 9th edition.
• Single Family Detached – 9.52 trips per unit, 1.00 in the PM peak hour.
• Residential Condominium/ Townhouse (such as duplex) – 5.81 trips per unit, 0.52 in
the PM peak hour.
Condition of Area Roadways: Traffic Count is based on Vehicles per hour (VPH)
Roadway Frontage Functional
Classification
PM Peak Hour
Traffic Count
PM Peak Hour
Level of Service
Ustick Road 225-feet Principal Arterial 758 Better than “E”
Curt Drive 126-feet Local N/A N/A
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH).
Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD’s most current
traffic counts
• The average daily traffic count for Ustick Road east of Meridian Road was 14,210 on
2/5/2015.
D. Attachments
1. Vicinity Map
2. Site Plan
3. Standard Conditions of Approval
4. Request for Appeal of Staff Decision
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
Stacey Yarrington
Planner III
Development Services
cc: File
City of Meridian (via email)
Tealy’s Land Surveying (via email)
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
VICINITY MAP
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
SITE PLAN
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required
for all landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right -of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and
all applicable 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.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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 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 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.
Paul Woods, President
Rebecca W. Arnold, Vice President
Sara M. Baker, Commissioner
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
DATE, 2017
To: Chris Fuhrman
1737 E Summerfalls Drive
Meridian, ID 83646
Subject: New Beginnings/ MPP17-0006/ H-2017-0026
780 E Ustick Road
Annexation with an R-4 zoning designation for a shortplat consisting of 2 lots
In response to your request for comment, the Ada County Highway District has reviewed the
submitted application and site plan for the item referenced above. It has been determined that
ACHD has site specific conditions of approval for this application.
A. Findings of Fact
1. Right-of-Way and Improvements - Ustick Road
a. Existing Conditions: Ustick Road is currently under construction from Linder Road
to Locust Grove Road, to be widened to 5-lanes with curb, gutter, bike lanes, and
detached sidewalk. This site is within the ACHD project boundaries.
b. Staff Comments/Recommendations: All improvements on Ustick Road, including
sidewalk, will be constructed by ACHD. No access is allowed onto Ustick Road from
the site with this application and should be noted on the final plat.
2. Right-of-Way and Improvements - Curt Drive
a. Existing Conditions: There is 32-feet of pavement, valley gutter curbing, and no
sidewalk abutting the site. There is 50-feet of right-of-way for Curt Drive (25-feet from
centerline).
b. 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.
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.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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.
c. Applicant’s Proposal: The applicant is proposing to construct an attached 5-foot
wide sidewalk along Curt Drive abutting the site.
d. Staff Comments/Recommendations: The applicant’s proposal meets District policy
and should be approved, as proposed. The applicant should coordinate the design of
the sidewalk with District Development Services staff.
3. Driveways
a. Driveway Location Policy: District policy 7207.4.1 requires driveways located near
intersections to be located a minimum of 75-feet (measured centerline-to-centerline)
from the nearest street intersection.
Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are
required, residential driveways shall be restricted to a maximum width of 20-feet and
may be constructed as curb-cut type driveways.
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.
b. Applicant’s Proposal: The applicant is proposing to construct a 20-foot wide shared
common driveway within a 30-foot wide easement along the north property line onto
Curt Drive. The driveway is proposed to be located approximately 160-feet north of
Ustick Road (measured centerline to centerline).
c. Staff Comments/Recommendations: The applicant’s proposal meets District policy
and should be approved, as proposed. The applicant should pave the driveway its full
width and at least 30-feet into the site beyond the edge of Curt Drive.
B. Site Specific Conditions of Approval
1. Construct an attached 5-foot wide sidewalk along Curt Drive abutting the site.
Coordinate the design with District Development Services staff.
2. Construct a 20-foot wide shared common driveway within a 30-foot wide easement along
the north property line onto Curt Drive, located 160-feet north of Ustick Road.
3. Pave the driveway its full width and at least 30-feet into the site beyond the edge of Curt
Drive.
4. No access is allowed onto Ustick Road from the site with this application and shall be
noted on the final plat.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
5. A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a
building permit. Please contact the ACHD Planner (see below) for information regarding
impact fees.
6. Plans shall be submitted to the ACHD Development Services Department for plans
acceptance, and impact fee assessment (if an assessment is applicable).
7. Comply with the Standard Conditions of Approval as noted below.
C. Traffic Information
Trip Generation
The exact uses for the 2 lots are unknown at this time. Below is a list of potential land uses
based on the R-4 zoning designation and their estimated trip generation rates based on the
Institute of Transportation Engineers Trip Generation Manual, 9th edition.
• Single Family Detached – 9.52 trips per unit, 1.00 in the PM peak hour.
• Residential Condominium/ Townhouse (such as duplex) – 5.81 trips per unit, 0.52 in
the PM peak hour.
Condition of Area Roadways: Traffic Count is based on Vehicles per hour (VPH)
Roadway Frontage Functional
Classification
PM Peak Hour
Traffic Count
PM Peak Hour
Level of Service
Ustick Road 225-feet Principal Arterial 758 Better than “E”
Curt Drive 126-feet Local N/A N/A
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH).
Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD’s most current
traffic counts
• The average daily traffic count for Ustick Road east of Meridian Road was 14,210 on
2/5/2015.
D. Attachments
1. Vicinity Map
2. Site Plan
3. Standard Conditions of Approval
4. Request for Appeal of Staff Decision
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
Stacey Yarrington
Planner III
Development Services
cc: File
City of Meridian (via email)
Tealy’s Land Surveying (via email)
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
VICINITY MAP
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
SITE PLAN
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required
for all landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right -of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and
all applicable 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.
_____________________________________________________________________________________________________________
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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 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 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.