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HomeMy WebLinkAboutPZ - ACHD Report 1 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 Development Services Department Project/File: Kingsbridge North/ MPP17-0020/ H-2017-0065 This is an annexation with zoning of R-4, and preliminary plat application consisting of 10 residential building lots on 5-acres. Lead Agency: City of Meridian Site address: 3475 E Falcon Drive Staff Approval: XXXX, 2017 Applicant/ Jarron Langston Representative: 9563 W Harness Drive Boise, ID 83709 Staff Contact: Stacey Yarrington Phone: 387-6171 E-mail: syarrington@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of an annexation with zoning of R-4 (medium density residential) and preliminary plat consisting of 10 residential building lots and 2 common lots on 5.05-acres. The proposed zoning 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 R-4 South Low-density residential R-2 East Rural Urban Transition (Ada County) RUT West Medium low-density residential R-4 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • Knightsbridge, a 17 single family lot development located northeast of the site, was approved by ACHD on August 24, 2016. • Accommodations, a 14 single family lot development located directly west of the site was approved by ACHD on January 13, 2015 and is various stages of development. • Falconers Place, a 2 residential lot (a single family and a 12-unit triplex) development located west of the site, was approved by ACHD on February 5, 2014. 2 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: The proposed development includes 0.07 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)/ Integrated Five Year Work Plan (IFYWP): • Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Amity Road to Victory Road in 2021. • Eagle Road and Bridge #1216 is scheduled in the IFYWP to be replaced/ widened in 2018. • Victory Road is listed in the CIP to be widened to 5-lanes from Eagle Road to Cloverdale Road between 2026 and 2030. • The intersection of Overland Road and Eagle Road is listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south, 9-lanes east, and 9-lanes on the west leg, and signalized between 2026 and 2030. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 86 additional vehicle trips per day (10 existing); 9 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 minor arterial is “E” (575 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 Eagle Road north of Amity Road was 8,914 on 04/03/2014. • The average daily traffic count for Dartmoor Drive east of Eagle Road was 531 on 05/08/2013. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project Eagle Road 0-feet Arterial 561 Better than “E” Better than “E” Dartmoor Drive 0-feet Local 35 N/A N/A Falcon Drive 100-feet Local N/A N/A N/A Lyford Avenue 50-feet Local N/A N/A N/A 3 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 C. Findings for Consideration 1. South Meridian Transportation Plan The South Meridian Transportation Plan (SMTP) is a long range planning tool used to identify future roadway, intersection, and corridor needs in the South Meridian Area. Providing a framework for future roadway improvements based on the land use designations. The plan was created in collaboration with the City of Meridian and was adopted by the ACHD Commission in September of 2009. 2. Falcon Drive a. Existing Conditions: Falcon Drive is improved with 2-travel lanes, and no curb, gutter or sidewalk abutting the site. Falcon Drive currently terminated in a cul-de-sac. There is 100- feet of right-of-way for Falcon Drive (50-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 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 4 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 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 along Falcon Drive abutting the site. d. Staff Comments/Recommendations: The applicant’s proposal does not meet District Cul- de-sac policy, as no curb, gutter, or sidewalk is proposed to complete the cul-de-sac. The applicant should be required to improve Falcon Drive with curb, gutter, and attached 5- foot wide concrete sidewalk abutting the site, to match existing improvements. 3. Lyford Avenue a. Existing Conditions: Lyford Avenue is stubbed at the site’s south property line. 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. 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 5 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 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 Proposal: The applicant is proposing to continue Lyford Avenue into the site 120- feet as a 33-foot street section with curb and gutter within 45-feet of right-of-way; and detached 5-foot wide sidewalk. The applicant is proposing to construct Lyford Court as a 33- foot street section with curb and gutter within 45-feet of right-of-way; and detached 5-foot wide sidewalk, terminating in a cul-de-sac. The applicant is proposing to construct 1 knuckle, located 90 east of Lyford Avenue, within the site. Staff Comments/Recommendations: The applicant’s proposal to construct Lyford Avenue and Lyford Court as 33-foot street sections with curb and gutter within 45-feet of right-of-way; and detached 5-foot wide sidewalk, with Lyford Court terminating in a cul-de-sac 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. If detached sidewalks are constructed and are located outside of the right-of-way, then a permanent right-of-way easement should be provided. The applicant should be required to provide written approval from the appropriate fire department for the reduced street sections prior to final plat. The applicant’s proposal to construct 1 knuckle, located east of Lyford Avenue meets District policy and should be approved, as proposed. 6 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 Staff further recommends that the applicant should be required to construct a 2nd knuckle within the site. The additional knuckle should be at the northwest corner of the Lyford Avenue/Lyford Court intersection shown below in red to complete the street section. 4. Driveways a. Existing Conditions: There is an unimproved residential driveway onto Falcon Drive from the site. b. Policy: 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. Successive Driveways: District Policy 7207.4.1 states that successive driveways away from an intersection shall have no minimum spacing requirements for access points along a local street, but the District does encourage shared access points where appropriate. 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. Construct knuckle to complete street 7 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 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 construct a 22-foot wide emergency access/ pathway/ common driveway onto Lyford Avenue, extending northwest to the site’s west property line. The driveway is proposed to be constructed with curb, gutter, pavement, and attached 5-foot wide pathway its entire length. d. Staff Comments/Recommendations: The proposed emergency access is shown to extend between Block 7, Lots 8 and 11; northwest towards the site’s west property line, however, the emergency access does not actually connect to Falcon Drive. IF, the emergency access is constructed to connect between Lyford Avenue and Falcon Drive, bollards should be required at both access points to restrict flow-thru traffic. The applicant should coordinate with ACHD and the Meridian Fire Depart on the design and restricting the driveway for emergency purposes only. 8 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 5. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 6. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. D. Site Specific Conditions of Approval 1. Continue Lyford Avenue into the site as a 33-foot street section with curb and gutter within 45-feet of right-of-way; and detached 5-foot wide sidewalk. 2. Construct Lyford Court as a 33-foot street section with curb and gutter within 45-feet of right-of- way; and detached 5-foot wide sidewalk, terminating in a cul-de-sac with a minimum 45-foot turning radius. 3. If detached sidewalks are constructed and are located outside of the right-of -way, then a permanent right-of-way easement should be provided. 4. Provide written approval from the appropriate fire department for the reduced street sections prior to final plat. 5. Construct 1 knuckle, located east of Lyford Avenue; and construct 1 knuckle at the northwest corner of the Lyford Avenue/Lyford Court intersection. 6. IF, the emergency access connects between Lyford Avenue and Falcon Drive, bollards should be placed at both access points. Coordinate with ACHD and the Meridian Fire Depart on the design and restricting the driveway for emergency purposes only. 7. Payment of impacts fees are due prior to issuance of a building permit. 8. 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. 9 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 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. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 10 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 VICINITY MAP 11 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 SITE PLAN 12 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 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. 13 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 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. 14 DRAFT Kingsbridge North/ MPP17-0020/ H-2017-0065 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 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 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.