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HomeMy WebLinkAbout2025-08-25 ACHD August 25th, 2025 To: Brandon Sheltrown, via email Corner Office Design 2997 E Deerhill Dr Meridian, ID 83642 Subject: MER22-0103/H-2025-0020 Parcel No. R5443010239 Lofty Creek Park (Live/Work) On August 10, 2022, the Ada County Highway District approved MER22-0103/H-2022-0022 Creek View Park for an annexation, rezone and conditional use permit to allow for the development of 28 multi-family units. The site-specific conditions of approval also apply to MER22-0103/H-2025-0020. If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, Matt Pak Planner Development Services cc: City of Meridian (Nick Napoli), via email Creekview Park Opportunity Zone, LLC (Derek Ence), via email 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 Public Right -of-Way Accessibility Guidelines (PROWAG) requirements. The applicant’s engineer should provide documentation of 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 208-387-6280 (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 208-387-6258 (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.   1 Creek View Park/ MER22-0103/ H-2022-0022 Development Services Department Project/File: Creek View Park/ MER22-0103/ H-2022-0022 This is an annexation and rezone, to C-G zoning with a conditional use permit application to allow for the development of 28 multi -family units on 2.85 acres of a 16.53 acre site. Lead Agency: City of Meridian Site address: 2920 E. Freeway Drive, Parcel(s) R5443010239, R5443010170, R5443010160 Staff Approval: August 10, 2022 Applicant: HLE, Inc. Gilmore E.I. 101 S. Park Avenue, #210 Idaho Falls, Idaho 83402 Owner: Hotel Developers-Meridian Derek Ence P.O. Box 1491 Idaho Falls, Idaho 83403 Staff Contact: Renata Ball-Hamilton Phone: 387-6171 E-mail: rhamilton@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of an annexation and zoning of 10.35 acres from RUT to C-G zoning, a rezoning of 6 acres from L-O to C-G and a conditional use permit to allow for the development of 28 multi-family units consisting of 5 fourplex condominiums and 4 duplex condominium buildings on 2.85 acres of a 16.53 acre site. This application is the 2nd phase of the Creek View Project, the site consists of 16.53 total acres; the 1 st phase being the Holiday Inn Express, which is currently under construction. There is an existing house, which is proposed to remain on site until phase the final phase. The applicant’s rezone proposal is consistent with the City of Meridian’s future land use map and the comprehensive plan which designates the area as Commercial. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Rural-Urban Transition (Ada County)/ Commercial-General RUT/ C-G South Commercial-General C-G East Commercial-General C-G 2 Creek View Park/ MER22-0103/ H-2022-0022 West Rural-Urban Transition (Ada County) RUT 3. Site History: ACHD staff previously reviewed this site as Holiday Inn Express/MER21-0104/ A- 2021-0156. The requirements of this staff report have been updated to reflect the current 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: • Holiday Inn Express, a 54,167-square foot Holiday Inn Express hotel with 91 guestrooms on 3.1 acres located directly east of the site and approved by ACHD in September 2021. 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. The impact fee assessment will not be released until the civil plans are approved by ACHD. 9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Bridge Number 1224 over the Five Mile Creek on Wells Street is scheduled in the IFYWP for design in 2024 and will be replaced in the future. 10. Roadways to Bikeways Master Plan: ACHD’s Roadways to Bikeways Master Plan (BMP) was adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to implement the Planned Bicycle Network to support bicycling as a viable transportation option for Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of good repair in order to ensure they are consistently available for use, promote awareness of existing bicycle routes and features and support encouragement programs and to facilitate coordination and cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan recommendations. The BMP identifies Magic View Drive as an existing Level 1 facility 3 Creek View Park/ MER22-0103/ H-2022-0022 B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 189 vehicle trips per day; 14 vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 11th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) ** ACHD does not set level of service thresholds for local roadways ** ACHD does not set level of service thresholds for State Highways. 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts. • There are no current daily traffic counts for Freeway Drive east of Wells Street. • The average daily traffic count for Wells Street south of Magic View Drive was 525 on September 25, 2018. C. Findings for Consideration 1. Interstate 84 SH-84/Interstate 84 is under the jurisdiction of the Idaho Transportation Department (ITD). The applicant, the City of Meridian, and ITD should work together to determine if additional right-of-way or improvements are necessary on SH-84/ Interstate 84. 2. Wells Street a. Existing Conditions: Wells Street is improved with 2-travel lanes, 25-feet of pavement and no curb, gutter or sidewalk abutting the site. There is 50 -feet of right-of-way for Wells Street (26-feet from centerline). b. Policy: Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible for improving all commercial 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 7208.5 states that right-of-way widths for new commercial streets shall typically be 50 and 70 -feet wide and that the standard street section will vary depending on the need for a center turn lane, bike lanes, volumes, percentage of truck traffic, and/or on-street parking. Roadway Frontage Functional Classification PM Peak Hour Traffic Count **Interstate 84 0-feet Interstate N/A Freeway Drive 0-feet Local N/A Wells Street 1,112-feet Local N/A 4 Creek View Park/ MER22-0103/ H-2022-0022 • A 36-foot street section (back-of-curb to back-of-curb) will typically accommodate two travel lanes and on-street parking. Sidewalk Policy: District Policy 7208.5.6 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all commercial streets. If a separated sidewalk is proposed, 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. 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 improve Wells Street as one half of a 36- foot wide local commercial street with pavement widening, vertical curb, gutter, and 5 -foot wide attached concrete sidewalk. d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and should be approved as proposed. The applicant should be required to construct Wells Street as a local commercial street section abutting the entire site. However, as noted above, Bridge Number 1224 over the Five Mile Creek on Wells Street is scheduled in the IFYWP to be replaced. Therefore, the applicant should be required to construct Wells Street abutting the site, excluding the 300 -foot section depicted in red (150-feet north and south of Five Mile Creek), as ½ of a 36-foot wide local commercial street section to include pavement widening, vertical curb, gutter and 5-foot wide concrete sidewalk. If detached sidewalk is constructed a minimum 6 -foot wide planter strip should be provided, or if street trees are desired, then the applicant should provide an 8-foot wide planter strip. Meandering sidewalks are discouraged due to issues associated with ADA compliance. Detached sidewalk should be constructed to be parallel to the roadway. Provide a permanent right-of-way easement for sidewalks located outside of the dedicated right-of-way. The applicant should be required to provide a road trust deposit to ACHD for their proportionate share of the street improvements (pavement, curb, gutter, and sidewalk) and bridge improvements in the amount of $103,500 for the 300-foot section (150-feet north and south of Five Mile Creek) on Wells Street, depicted in red. The applicant should be required to meet all current ADA (Americans with Disabilities Act) compliance standards in the reconstruction of all intersections. 3. Driveway Wells Street a. Existing Conditions: There is an existing 28-foot wide fully improved curb cut type driveway from the site onto Wells Street located 475-feet north of Freeway Drive. b. Policy: 5 Creek View Park/ MER22-0103/ H-2022-0022 Driveway Location Policy: District policy 7208.4.1 requires driveways near intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street intersection, and 150-feet from the nearest collector/arterial or arterial street intersection. Successive Driveways: District Policy 7208.4.1 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 7208.4.3 restricts commercial driveways to a maximum width of 40-feet. Most commercial driveways will be constructed as curb-cut type facilities. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7208.4.3, 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. Driveway Design Requirements: District policy 7208.4.3 states if an access point is to be gated, the gate or keypad (whichever is closer) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. c. Applicant’s Proposal: The applicant is not proposing any changes to the existing 28-foot wide fully improved curb cut type driveway from the site onto Wells Street located 475 -feet north of Freeway Drive as a part of this application. The applicant is proposing to construct a paved 27-foot wide curb return type driveway from the site onto Wells Street in alignment with the private driveway (located 955-feet north of Freeway Drive) on the west side of Wells Street across from the site. d. Staff Comments/Recommendations: The applicant’s proposal to maintain the existing paved driveway onto Wells Street meets District policy and should be approved, as proposed. The applicant’s proposal to construct a 27-foot wide paved driveway onto Wells meets District policy and should be approved, as proposed. 4. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 5. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50 -foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. D. Site Specific Conditions of Approval 1. Construct Wells Street abutting the site, excluding the 300-foot section (150-feet north and south of Five Mile Creek) depicted in red, as one half of a 36-foot wide local commercial street system to include pavement widening, vertical curb, gutter, and 5-foot wide attached concrete sidewalk abutting the site. 6 Creek View Park/ MER22-0103/ H-2022-0022 2. Provide a road trust deposit to ACHD for their proportionate share of the street improvements (pavement, curb, gutter, and sidewalk) and bridge improvements in the amount of $103,500 for the 300-foot section (150-feet north and south of Five Mile Creek) on Wells Street. 3. Maintain the existing 28-foot wide fully improved curb cut type driveway from the site onto Wells Street located 475-feet north of Freeway Drive, as proposed. 4. Construct a paved 27-foot wide curb return type driveway from the site onto Wells Street in alignment with the private driveway (located 955-feet north of Freeway Drive) on the west side of Wells Street across from the site, as proposed. 5. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 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. 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 7 Creek View Park/ MER22-0103/ H-2022-0022 representative of ACHD. The burden shall be upon the applicant to o btain 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 Appeal Guidelines 8 Creek View Park/ MER22-0103/ H-2022-0022 VICINITY MAP 9 Creek View Park/ MER22-0103/ H-2022-0022 SITE PLAN 10 Creek View Park/ MER22-0103/ H-2022-0022 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 Creek View Park/ MER22-0103/ H-2022-0022 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. 12 Creek View Park/ MER22-0103/ H-2022-0022 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 a ppeal 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.