HomeMy WebLinkAbout2020-10-19 ACHD Staff Report Development Services Department
CHD
Project/File: Goddard Creek/ MPP20-0030/ H-2020-0092
This is a rezone, a development agreement modification with the City of Meridian and
a preliminary plat application to allow for the development of a senior living community
on 5 acres. This site is located at the northwest corner of McMillan Road and Goddard
Creek Way.
Lead Agency: City of Meridian ; y .
Site address: W. McMillan Road
Staff Approval: October 19, 2020
Applicant: Sophia Durham
Conger Management Group
4824 W Fairview =►~
Boise, ID 83706 -- --- -
Representative: Laren Bailey
Conger Management Grou =r
4824 W. Fairview Avenue
Boise, ID 83706
Staff Contact: Dawn Battles
Phone: 387-6218
E-mail: dbattles(a)achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of a rezone from R-4 (Medium-
Low Density Residential) to R-15 (Medium High Density Residential), a development agreement
modification with the City of Meridian and a preliminary plat application consisting of 34 lots and 8
common lots to allow for the development of a senior living community with 34 attached single-
family homes on 5 acres.
The applicant's proposal is consistent with the City of Meridian's comprehensive plan which calls
for a mixed-use neighborhood on this site.
2. Description of Adjacent Surrounding Area:
Direction I Land Use Zoning
North Medium-Low Density R-4
South Medium-Low Density R-4
East Medium-Low Density/ Medium-Density/ Limited Office R-4/R-8/L-0
West Community Business C-C
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3. Site History: ACHD staff previously reviewed this as Goddard Creek Subdivision in February 2017
and as Goddard Creek Townhomes in September 2019. The requirements of this staff report are
generally consistent with those of the prior action.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Goddard Creek Storage is an 82 self-storage facility located directly west of the site and was
approved by ACHD staff in February 2017.
5. Transit: Transit services are not available to serve this site.
6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use
paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared
use path.
AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection
Treatments: The opening of a shared use path at the roadway should be at least the same width
as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the
path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the
full width of the ramp.
FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related
concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average
width of the trail to improve safety for users who will be traveling at various speeds. In addition, the
overall width of the trail should be increased, so the curb ramp can be slightly offset to the side. The
increased width reduces conflict at the intersection by providing more space for users at the bottom
of the ramp.
7. New Center Lane Miles: The proposed development includes 0 centerline miles of new public
road.
8. 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.
9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• McMillan Road is scheduled in the IFYWP for the construction of a pathway with extruded
curb on the north side of McMillan Road from Cortana Way to Goddard Creek. Design is
planned for 2024 and the construction in the future.
• McMillan Road is listed in the CIP to be widened to 3-lanes from Star Road to Meridian Road
(SH 69) between 2031 and 2035.
B. Traffic Findinqs for Consideration
1. Trip Generation: This development is estimated to generate 126 vehicle trips per day; 9 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)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
McMillan Road 469-feet Minor Arterial 501 Better than "D"
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Goddard Creek Way 0-feet Collector 153 Better than "D"
• Acceptable level of service for a two-lane minor arterial is "E" (575 VPH).
• Acceptable level of service for a two-lane collector is "D" (425 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 McMillan Road west of Ten Mile Road was 4,905 on January
31, 2018.
• The average daily traffic count for Goddard Creek Way north of McMillan Road was 3,005 on
September 17, 2019.
C. Findings for Consideration
1. McMillan Road
a. Existing Conditions: McMillan Road is improved with 2-travel lanes and no curb, gutter or
sidewalk abutting the site. There is 62-feet of right-of-way for McMillan Road (33 to 36-feet from
centerline).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of Way Width Policy: District Policy 7205.2.1 & 7205.5.2 states
that the standard 3-lane street section shall be 46-feet (back-of-curb to back-of-curb) within 70
feet of right-of-way. This width typically accommodates a single travel lane in each direction, a
continuous center left-turn lane, and bike lanes.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District's planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
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-
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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.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen
the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder
adjacent to the entire site. Curb, gutter and additional pavement widening may be required
(See Section 7205.5.5).
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of McMillan Road is designated in the
MSM as a Residential Arterial with 3-lanes and on-street bike lanes, a 46-foot street section
within 74-feet of right-of-way.
Access Points 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.
Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1 b under District policy 7205.4.7, unless a waiver for the access point has been approved
by the District Commission. Driveways, when approved on a principal arterial shall operate as
a right-in/right-out only, and the District will require the construction of a raised median to restrict
the left turning movements.
c. Applicant Proposal: The applicant is proposing to dedicate additional right-of-way to total 38-
feet from centerline of McMillan Road and construct 5-foot wide meandering concrete sidewalk
abutting the site.
The applicant is proposing to construct a 20-foot wide emergency only access with bollards onto
McMillan Road located 390-feet west of Goddard Creek Way (measured centerline-to-
centerline).
d. Staff Comments/Recommendations: The applicant's proposal to dedicate additional right-of-
way to total 38-feet from centerline meets District policy and should be approved as proposed.
The additional dedicated right-of-way is impact fee eligible for compensation.
The applicant should be required to construct 5-foot wide detached concrete sidewalk located
a minimum of 31-feet from centerline of McMillan Road abutting the site.
The applicant should be required to widen the pavement to 17-feet from centerline on McMillan
Road with a 3-foot gravel shoulder abutting the site.
The applicant's proposal to construct a 20-foot wide emergency access only driveway onto
McMillan Road is approved, as proposed. The driveway should be restricted to emergency
access only with a gate or bollards located outside of the right-of-way, as determined by the
Meridian Fire Department.
2. Goddard Creek Way
a. Existing Conditions: Goddard Creek Way is improved with 2-travel lanes, vertical curb, gutter,
and 5-foot wide detached concrete sidewalk and a landscape spite strip abutting the site. There
is 60 to 50-feet of right-of-way for Goddard Creek Way (25-feet from centerline).
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b. Staff Comments/Recommendations: The landscape spite strip abutting the site's east
property line on Goddard Creek Way is owned by the Kelly Creek Homeowner's Association.
Therefore, this site does not have frontage on Goddard Creek Way and the applicant is not
required to make any improvements and will not have any access onto Goddard Creek Way
from the site.
3. Private Driveway
a. Existing Conditions: Apgar Creek Lane is an existing private driveway that intersects Goddard
Creek Way at the site's north property line.
b. Policy:
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 (whichever is closer) shall be located a
minimum of 50-feet from near edge of the intersection and a turnaround shall be provided.
c. Applicant's Proposal: The applicant is proposing to construct all the internal streets as private
with a private drive to intersect Apgar Creek Lane, a private roadway, by use of the existing
ingress/egress easement noted on the Selway Apartments Subdivision plat.
d. Staff Comments/Recommendations: The applicant's proposal to construct private roads
internal to the site meets District policy and should be approved as proposed. If the City of
Meridian approves the private road, the applicant shall be required to pave the private roadway
its 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 road. 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 road, which is a part of this application,
will be accepted as a public road if such a request is made in the future. Substantial redesign
and reconstruction costs may be necessary in order to qualify this road for public ownership
and maintenance.
The following requirements must be met if the applicant wishes to dedicate the roadway to
ACHD:
• Dedicate a minimum of 50-feet of right-of-way for the road.
• Construct the roadway to the minimum ACHD requirements.
• Construct a stub street to the surrounding parcels.
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
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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.
6. Other Access
McMillan Road is classified as a minor arterial roadway and Goddard Creek Way is classified as a
collector roadway. Direct lot access is prohibited to these roadways and should be noted on the
final plat.
D. Site Specific Conditions of Approval
1. Dedicate additional right-of-way to total 38-feet from centerline of McMillan Road abutting the site.
Compensation will be provided for the additional dedicated right-of-way.
2. Improve McMillan Road with 17-feet of pavement from centerline and construct 5-foot wide
detached concrete sidewalk plus a 3-foot wide gravel shoulder abutting the site. Locate the
sidewalk a minimum of 31-feet from centerline of McMillan Road.
3. Construct a 20-foot wide emergency access only driveway onto McMillan Road restricted to
emergency access only with a gate or bollards located outside of the right-of-way, as determined
by the Meridian Fire Department.
4. Install street name and stop signs for the private roads.
5. Direct lot access is prohibited to McMillan Road and Goddard Creek Way and should be noted on
the final plat.
6. Payment of impact fees is due prior to issuance of a building permit.
7. 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.
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.
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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
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VICINITY MAP
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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.
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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.
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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.
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