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HomeMy WebLinkAbout2019-08-06 ACHD   1 Bainbridge North / MPP19-0018 / H-2019-0074 Development Services Department Project/File: Bainbridge North / MPP19-0018 / H-2019-0074 The applicant is requesting approval of a development agreement modification (with the City of Meridian), preliminary plat and planned unit development for Bainbridge North Subdivision. The proposed subdivision consists of 165 single family residential lots, and 13 common lots on 35.6-acres located at the southeast corner of Chinden Boulevard and Tree Farm Way. Lead Agency: City of Meridian Site address: SEC of Chinden Boulevard & Tree Farm Way Staff Approval: July 31, 2019 Applicant: Brighton Investments, LLC 2929 W. Navigator Dr. #400 Meridian, ID 83642 Staff Contact: Austin Miller Phone: 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a development agreement modification (with the City of Meridian), preliminary plat and planned unit development for Bainbridge North Subdivision. The proposed subdivision consists of 165 single family residential lots (age restricted), and 13 common lots on 35.6-acres located at the southeast corner of Chinden Boulevard and Tree Farm Way. The site is currently zoned R-15 and the proposed use is consistent with the City of Meridian’s comprehensive plan designation of medium density residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium High-Density Residential District (Spurwing Orchard Subdivision) R-15 South Medium Density Residential District (Bainbridge Park Subdivision) R-8 East Genteral Retail and Service Commercial District (Lost Rapids Subdivision / Costco) C-G West Medium Density Residential District (Bainbridge Subdivision) R-8 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: • Lost Rapids Subdivision, a mixed-use subdivision consisting of 1 multifamily residential lot, 13 commercial lots, and 1 other lot is located adjacent to the site to the east and was approved by ACHD in February 2018. 2 Bainbridge North / MPP19-0018 / H-2019-0074 • Bainbridge Southeast Subdivision, a residential subdivision consisting of 21 residential lots located ½ mile south of this site was approved by ACHD in May 2019. • Pollard Subdivision, a mixed-use subdivision consisting of a hospital, medical office building, general office buildings, retail/convenience buildings, 34 single family lots, 40 independent living lots and an assisted living facility is located at the northeast corner of SH-16 and Chinden Boulevard and was approved by ACHD in April 2019. 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: The proposed development includes 0 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): • Ten Mile Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Chinden Boulevard in 2020. • Black Cat Road is listed in the STAR agreement to be widened to 3-lanes from McMillan Road to Chinden Boulevard. • The intersection of Chinden Boulevard and Black Cat Road is to be signalized as part of the STAR agreement. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 705 additional vehicle trips per day; 50 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 10th 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). * Acceptable level of service for a three-lane minor arterial is “E” (720 VPH) * Acceptable level of service for a five-lane minor arterial is “E” (1,540 VPH). * Acceptable level of service for a two-lane collector is “D” (425 VPH). ** ACHD does not set level of service thresholds for State Highways. *** Will operate at acceptable level of service with improvements included in the STAR agreement. 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service **State Highway 20/26 Chinden Boulevard 1,416-feet Expressway 1,057 N/A Ten Mile Road 1,125-feet Minor Arterial 609 ***F Black Cat Road N/A Minor Arterial 205 Better than “E” Tree Farm Way 1,090-feet Collector 108 Better than “D” Lost Rapids Drive 1,340 Collector N/A N/A 3 Bainbridge North / MPP19-0018 / H-2019-0074 • The average daily traffic count for Chinden Boulevard west of Ten Mile Road was 21,415 on October 18, 2017. • The average daily traffic count for Ten Mile Road south of Chinden Boulevard was 13,131 on May 31, 2018. • The average daily traffic count for Black Cat Road south of Chinden Boulevard was 3,839 on May 8, 2018. • The average daily traffic count for Tree Farm Way south of Chinden Boulevard was 1,236 on June 11, 2019. C. Findings for Consideration 1. Chinden & Ten Mile Mixed-Use Development Traffic Impact Study (TIS) a. Staff Comments/Recommendations: This site was included as part of the Chinden & Ten Mile Mixed-Use Development Traffic Impact Study which encompassed a Costco Wholesale warehouse, a gasoline fuel station (30 fueling positions), a retail pad site, 115 apartment units and 162 residential dwelling units. The TIS included substantial offsite improvements to address the transportation impacts associated with the projects. As part of the approval of the Lost Rapids Subdivision, one property owner (Costco Wholesale) agreed to enter into a STAR (sales tax anticipation revenue reimbursement) Agreement to fund the improvements. In May of 2018, the ACHD Commission approved the STAR agreement with Costco Wholesale to include the construction of the following system improvements: • Widen Chinden Boulevard to 4 lanes between Linder Road and SH-16, with signal upgrades. o Phase 1 widening from Linder Road to Tree Farm Way. o Phase 2 widening from Tree Farm Way to SH-16. • Signalization of the Chinden Boulevard/Black Cat Road intersection. • Widening of Ten Mile Road to 5-lanes between Chinden Boulevard and Milano Drive. • Signalization of the Ten Mile Road/Lost Rapids Drive intersection. As all necessary offsite improvements are addressed in the STAR agreement, no additional improvements to the transportation system are required as part of this application. 2. State Highway SH-20/26 (Chinden Boulevard) SH-20/26 (Chinden Boulevard) is under the jurisdiction of the Idaho Transportation Department (ITD). The applicant, City of Meridian and ITD should work together to determine if additional right- of -way or improvements are necessary on SH-20/26 (Chinden Boulevard). 3. Lost Rapids Drive/Tree Farm Way a. Existing Conditions: Lost Rapids Drive/Tree Farm Way is improved with 2-travel lanes (40- foot street section), bike lanes, vertical curb, gutter, and 5-foot wide detached concrete sidewalk. There is 69-feet of right-of-way for Lost Rapids Drive/Tree Farm Way (34.5-feet from centerline). Tree Farm Way widens at the intersection with Chinden Boulevard to 3-travel lanes (65-foot street section), with bike lanes, vertical curb, gutter, an 11-foot wide landscape median and 5- foot wide detached concrete sidewalk within 94-feet of right-of-way. b. Policy: Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for improving all collector frontages adjacent to the site or internal to the development as required below, regardless of whether access is taken to all of the adjacent streets. 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 4 Bainbridge North / MPP19-0018 / H-2019-0074 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 not proposing improvements to Lost Rapids Drive/Tree Farm Way abutting the site. d. Staff Comments/Recommendations: Lost Rapids Drive/Tree Farm Way was fully improved with bike lanes, curb, gutter, and sidewalk as part of the Bainbridge and Bainbridge Park Subdivisions abutting the site. No additional roadway improvements or right-of-way dedication are required as part of this application. The applicant should be required to repair/replace damaged or deficient existing facilities on Lost Rapids Drive/Tree Farm Way abutting the site. Tree Farm Way is listed on the ACHD pavement no cut moratorium until December 2020. Lost Rapids Drive is listed on the ACHD pavement no cut moratorium until July 2022. All pavement cuts to these roadways should be approved by the ACHD pavement cut committee. 4. Private Roads a. Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. The private road should have the following requirements: • Designed to discourage through traffic between two public streets, • Graded to drain away from the public street intersection, and • If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. b. Applicant Proposal: The applicant is proposing to construct all internal roadways as gated private roads. c. Staff Comments/Recommendations: The proposed gate or keypad (if applicable) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. If the City of Meridian approves the private road, the applicant shall be required to pave the private roadways their full width and at least 30-feet into the site beyond the edge of pavement of all public streets and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. If private roads are not approved by the City of Meridian, the applicant will be required to revise and resubmit the preliminary plat to provide public standard local streets in these locations. Street name and stop signs are required for the private roads. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private roads, which are a part of this application, will be accepted as a public roads if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify these roads for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadways to ACHD: • Dedicate a minimum of 50-feet of right-of-way for the roads. • Construct the roadways to the minimum ACHD requirements. • Construct a stub street to the surrounding parcels. 5 Bainbridge North / MPP19-0018 / H-2019-0074 5. Driveways 5.1 Lost Rapids Drive/Tree Farm Way a. Existing Conditions: There are no existing driveways onto Lost Rapids Drive/Tree Farm Way. b. Policy: Access Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on collector roadways with a speed limit of 25 MPH and daily traffic volumes greater than 100 VTD to align or offset a minimum of 245-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7206.4.6, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7206.4.6. 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 a 54-foot wide curb return type driveway (two 21-foot wide travel lanes and a 12-foot wide median) onto Lost Rapids Drive located in alignment with the existing park entrance driveway 455-feet east of Botticelli Avenue, on the south side of Lost Rapids Drive across from the site. The applicant is proposing to construct a 54-foot wide curb return type driveway (two 21-foot wide travel lanes and a 12-foot wide median) onto Tree Farm Way located in alignment with Broadbent Street 425-feet south of Chinden Boulevard. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. 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 6 Bainbridge North / MPP19-0018 / H-2019-0074 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. 8. Other Access Lost Rapids Drive and Tree Farm Way are classified as collector roadways. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Repair/replace damaged or deficient existing facilities on Lost Rapids Drive/Tree Farm Way abutting the site. 2. Obtain approval from the ACHD pavement cut committee for all pavement cuts to Tree Farm Way and Lost Rapids Drive. 3. Construct a 54-foot wide curb return type driveway (two 21-foot wide travel lanes and a 12-foot wide median) onto Lost Rapids Drive located in alignment with the existing park entrance driveway 455- feet east of Botticelli Avenue, on the south side of Lost Rapids Drive across from the site. 4. Construct a 54-foot wide curb return type driveway (two 21-foot wide travel lanes and a 12-foot wide median) onto Tree Farm Way located in alignment with Broadbent Street 425-feet south of Chinden Boulevard. 5. The proposed gate or keypad (if applicable) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. 6. If the City of Meridian approves the private roads, pave the private roadways their full width and at least 30-feet into the site beyond the edge of pavement of all public streets. If private roads are not approved by the City of Meridian, revise and resubmit the preliminary plat to provide public standard local streets in these locations. 7. Street name and stop signs are required for the private roads. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. 8. Note on the final plat that other than the access specifically approved with this application, direct lot access is prohibited to Lost Rapids Drive and Tree Farm Way. 9. Payment of impact fees is due prior to issuance of a building permit. 10. 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 7 Bainbridge North / MPP19-0018 / H-2019-0074 (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 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Appeal Guidelines 8 Bainbridge North / MPP19-0018 / H-2019-0074 VICINITY MAP 9 Bainbridge North / MPP19-0018 / H-2019-0074 SITE PLAN 10 Bainbridge North / MPP19-0018 / H-2019-0074 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 Bainbridge North / MPP19-0018 / H-2019-0074 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 applic ation 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. 12 Bainbridge North / MPP19-0018 / H-2019-0074 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.