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ACHD CommentsRig f y p p f ~~~~ - ~ ~~- - m~ .~' C D '~,.. . ~ ~ ~ ~ _ ~~ ~~a~ ~ ~ ~oo~ efl~~~t~'o 5~:~ ~, ~~r'~` ~ i= r1~i ~ i:~ i~ ~ i~ i~~ ~-..~I~~~ C'e~ ~~~ ~~~h~RC~~ Project/File: MCPA 08-002, MAZ-08-010 This application is for a comprehensive plan amendment to modify Meridian City's future land use map by changing the designation of a 10.5 acre parcel from Low Density Residential to Mixed Use-Community. This application is a/so for the annexation and rezone 3. 75-acres of this property from an Ada County RUT & R9 district into a Meridian City C-N district. Lead Agency: City of Meridian D Site address: NW Comer of Victory & Eagle Roads Staff Approval: )000(, 2008 Owner: Urwin, Hepper, Marquart, Allen, Young, Asay & Glick 148 N. 2"d Street, Suite 101 Eagle, Idaho 83616 Representative: SLN Planning, Inc. Shawn Nickel 148 N. 2"d Street, Suite 101 Eagle, Idaho 83616 Staff Contact: Kristy Scovill Phone: 387-6171 E-mail: kscovillCa~achd.ada.id.us Application Information: Acreage: Current Zoning: Proposed Zoning: Designated Future Zoning: Proposed Future Zoning: Proposed Use: 10.5 RUT & R1 C-N Low Density Residential Neighborhood Business District Commercial/General Office A. Findinqs of Fact Existing Conditions 1. Site Information: There are currently six single family residences located on six of the seven parcels submitted with this application. The remaining parcel is currently vacant. ~~ ht-o -Wa & Develo men er~vices De at~trrtent MCPA 08-002 MAZ-08-010 2. Descri tion of Ad'acent Surroundin Area: Direction Land Use Zoning North Medium Hi h Densi R-8 South Residential Urban Transition/Medium Hi h Densi RUT/R-8 East Residential Urban Transition RUT West Medium Low Density R-4 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site: • Eagle Road is currently improved with 2 traffic lanes, and no curb, gutter or sidewalk abutting the site. There is detached concrete sidewalk to the north of the site. There is 96-feet of deeded right-of-way existing for Eagle Road (48-feet from centerline). •~ctory Road is currently improved with 2 traffic lanes, and no curb, gutter or sidewalk abutting the site. There is detached concrete sidewalk across from a portion of the site. There is currently befinreen 50 and 96-feet of both deeded and prescriptive right-of-way existing for Victory Road (between 25 and 48-feet from centerline). 4. Existing Access: The site currently has eight accesses intersecting Victory Road. 5. Site History: The District has not previously reviewed any development applications for this site. Development Impacts 6. Trip Generation: This development is estimated to generate approximately 2,538 additional vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual. The preliminary site plan used to estimate the trip generation includes a 14,820 sf Walgreens (Drive-thru Pharmacy) and 5,OOOsf of Drive-through Bank. 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. Traffic Impact Study: A tra~c impact study was not required with this application. 9. Existing Condition of Area Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Eagle Road 216' Principal 15,836 south of Exceeds 55 MPH Arterial Overland Road on "E~ 1 /31 /2007 Victory Road 1273' Minor Arterial 7,400 east of Eagle Better 40 MPH Road on 6/1/2006 than "C" 6,166 west of Eagle Road on 1 /24/2007 *Acceptable level of service for a finro-lane minor arterial is "D" (14,000 VTD). 10. Capital Improvements Plan (CIP) / Five Year Work Program (FYWP): The following improvements are scheduled in the CIP: • Eagle Road from Amity Road to Victory Road is currently scheduled to be widened to 5 lanes by 2019 to 2028 • Eagle Road from Victory Road to Copper Point is currently scheduled to be widened to 5-lanes and construct a new 4-lane bridge by 2008. 2 MCPA-08-002 MAZ-08-010 • Victory Road from Eagle Road to Cloverdale Road is currently scheduled to be widened to 3- lanes by 2019 to 2028. The following improvements are scheduled in the District's Five Year Work Plan: • Eagle Road from Victory Road to Ridenbaugh Canal is currently scheduled to be widened to 5- lanes with curb, gutter, sidewalk, and bike lanes within 96-feet of right-of-way by 2009 to 2013. • The intersection of Eagle Road and Victory Road is scheduled to be signalized concurrently with the road widening project. Victory Road from Eagle Road to Cloverdale Road is scheduled to be widened to 5 lanes by 2009 to 2013. • Victory Road from Eagle Road to Cloverdale is scheduled to be widened to 3-lanes by 2019 to 2028. B. Findinas for Consideration This application is for a comprehensive plan amendment, annexafion, and rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a speci~c redevelopment application. 1. Eagle Road Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Applicant's Proposal: The applicant is proposing sidewalk along Eagle Road abutting the parcel. Staff Comment/Recommendations: There is currently su~cient right-of-way existing for Eagle Road, therefore the applicant will not be required to dedicate any additional right-of-way for Eagle Road. The intersection of Eagle Road and Victory is currently scheduled in the Five Year Plan to be signalized, and Eagle Road widened to five lanes. Therefore, the applicant will be required to either construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline of the roadway OR, provide the District with a road trust in the amount of $6,435 (234 ft(frontage) x $25/per linear foot x 90%) for construction of the sidewalk with the District's scheduled intersection project. 2. Victory Road Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Applicant's Proposal: The applicant is proposing sidewalk along a portion of Victory Road. The applicant is proposing sidewalk for approximately 464feet abutting site (measured at the intersection west from the east property line). Staff Comment/Recommendations: The applicant will be required to dedicate additional right-of- way to total 48-feet from centerline on ~ctory Road where is does not currently exist abutting the site. The intersection of Eagle Road and Victory is currently scheduled in the Five Year Plan to be signalized, and Victory Road widened to five lanes with curb, gutter, and sidewalk, tapering to 2- lanes for 300-feet from the intersection. For the first 206-feet of frontaQe alonq Victorv Road abuttina the site the applicant will be required to construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline of the roadway OR, provide the District with a road trust in the amount of $5,665 (206 ft(frontage) x$25/per linear foot x 10%) for construction of the sidewalk with the District's scheduled intersection project. For the remainin4 1,067-feet of frontac~e alonq Victorv Road abuttina the site the applicant will be required to construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline of the roadway. 3 MCPA 08-002 MAZ-08-010 3. Driveways Driveway Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, 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 with 15-foot radii abutting the existing roadway edge. Arterial/Collector Roadway Access Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or a~terial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Signalized Access Policy: District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet from the signalized intersection for a full-access driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only driveway. Successive Driveway Policy (Victory Road): District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 40 to align or offset a minimum of 185-feet from any existing or proposed driveway. Successive Driveway Policy (Eagle Road): District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 50 to align or offset a minimum of 255-feet from any existing or proposed driveway. Commercial Driveway Width Policy: District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Applicant Proposal: The applicant is proposing two driveway accesses intersecting the site. The first driveway access intersects Eagle Road and is proposed as a right-in only access. At this time, width and distance from the intersection cannot be verified. The second driveway access intersects Victory Road and is proposed as a 25-foot wide full access. StafF Comment/Recommendation: The driveway proposed to intersect Eagle Road does not meet District policy; the driveway is located as far north of the intersection as possible and is proposed to be right-in only. Because of this staff, recommends a modific~tion of policy to allow the right-in only driveway, at the north property line. The driveway proposed to intersect Victory Road meets District Commercial Width Policy and shall be located a minimum of 315-feet from the intersection for a full access, or a minimum of 220-feet from the intersection for a right-in/right- out access. 4. Other Access Eagle and Victory Roads are classified as minor arterial roadways. Other than access specifically approved by ACHD during the development process, direct lot access to these roads is prohibited. 4 MCPA-08-002 MAZ-08-010 C. Recommendation to the Citv of Meridian District staff recommends that the City of Meridian require the applicant provide a cross-access easement to the residential parcel to the west in the event that it redevelops as a commercial use. D. Site Specific Conditions of Approval This application is for a comprehensive p/an amendment and rezone only. Listed be/ow are some of the site specific conditions of approval that the District may require when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redeve/opment application. 1. Complete one of the following for Eagle Road: Construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline of the roadway OR; Provide the District with a road trust in the amount of $6,435 for construction of the sidewalk with the District's scheduled intersection project. 2. Dedicate 48-feet of right-of-way for Victory Road abutting the site. 3. For the first 206-feet of frontaQe alona Victorv Road abuttinq the site: • The applicant shall construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline of the roadway OR; • Provide the District with a road trust in the amount of $5,665 (206 ft(frontage) x$25/per linear foot x 10%) for construction of the sidewalk with the District's scheduled intersection project. 4. For the remaining frontage along Victory Road (approximately 1,067-feet) abutting the site the applicant shall construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline of the roadway. 5. Construct one right-in only driveway intersecting Eagle Road at the north property line. 6. Construct one full access driveway intersecting Victory Road located a minimum of 315-feet from the intersection. The driveway shall be no wider than 36-feet, and paved its full width at least 30- feet into the site. 7. Other than access specifically approved in this application, direct lot access to Victory Road and Eagle Road is prohibited. 8. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 MCPA 08-002 MAZ-08-010 5. Comply with the District's Tree Planter Width Interim Policy. 6. 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. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 11. 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. 12. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or o#her legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. Conclusions of Law 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. 6 MCPA 08-002 MAZ-08-010 Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordination MCPA-08-002 MAZ-08-010 4. Development Process Checklist --~ .~ ~ a ~~~ ~~ ~ ~~ ~N ~~ ~ a~a- ; ~ ~ ~ ~~ ~ ° ~ e~ ~ ~~ ~ ~ ; ~~~ ° ~ ~~ ~~ S. BAL~THASAR W~AY ~ -( ~! ~ ~~ ~ g 9~ ~~ ~ = I ~ -S: ~ ~ d . ..1 ~~~ ~~ n ~ ~ ~ ~~ ~ a ~~5°_~~ ~ ~ C ~._ ;~-~~ X e ~ ~£ ~ ~~ ~ ~ ~ ~ y@ T ~ m ~ ~ ~~ ~~ ~ F~ ~ i i ~ ~ ~y ~•,-' ~ ~ ~~~~~~~~~~-~ ~ ~ ~ a ~, ~ ~~~~ p~>~~~ ~ I ~, ~~. I P~~ O ~ ~ ~ ~~~ - q i i ~ ~ ~- ~ ~.; ~ qs~ ~~ _~ ~~ ~J ~~~~ ~ ~~~~~~ ~ , i ~~, ~ ~~~a I s~g~ $~ ~_~~~ ~ I ~ ~~ ~~:. 5aa~ ~i ~~~~~~ ~ ~ I ~,~ ~~~~ v~ a~~~.~ ~ ~ '~ ~ ', ~ ~ ~ ~ js ~ ~~ ~~ I r_ _ NO'00'48"W 305.99_ ~~ '`,, g ~ _ ~~~ 8~ ~ ~ ~ ~----1 ~ 1 i~z~~~ ~~ p~~~~ ~ r~ I I p ~~ i; ~~g ' s~T ~ i ~ I ~ o I m ~ w i i ~ ~$ '~ ~ ~ ~~ ~ io~~f~=~~== Z ~° ° j j~ a ~j ~~ t~ ~ I~ ~ m° ( 0 iT o cn i i i i i i ~ o ~ rn i ~ ~ ~ ~~.~,. ~~ o i i m o m i Z i~ ~~~ ~~~~~~~~~ o ~ a~~~~ ~''Q `~ s°~ ~ i ~ ; ~`~ ~~~~ ~~ ° ~~~ ~ o l~ ~. 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EAGLE RD. - ' ~ . .- .~ ~ s g ~~y~E ~eag f"r"T` ' CONCEPTUAL 91TE FLAN JUNE 2B, 2Q~ I~ I I ~ $~ ~ ; ~~~~~~ ~ ~~ ~ ~~ ~~ ~ ~ n~ ~ ~ ~g b' ~ ~ oo~^ ~ ~~~~ peo I~I Ip~a~•o ~~ g~~~~~ ~, ~ ~~ 9 ~'Y~~ ~7d ~ ~~ ~~ ~ ~ ~ 9 ~ g p ~ s ~ ~ ~ ~ ~ ~'~ ~ ~~ ~ ° ~"~, ~ ~" ~ ~ ~ ~~P ~ ~ re ~ ~ s ~ ~ oo^ ~ ~ ~~° ~ 8 MCPA 08-002 MAZ-08-010 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 budgefing 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. Notifcation fo the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 9 MCPA-08-002 MAZ-08-010 Development Process Checklist ~Submit a development application to a City or to the County ~The City or the County will transmit the development application to ACHD ~The ACHD Planning Revlew Dlvlslon will receive the development application to review ~The Planning Review Dlvision will do one of the following: ^Send a"No Revlew" letter to the applicant stating that there are no site specific requirements at this time. ^Send a"Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ~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. ~The Planning Review Division will hold a Technlcal Revlew meeting for all StafF and Commission Level reports. ^For ALL development applications, including those receiving a"No Revlew" or "Comply Wlth" letter. • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Revlew Divlslon 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 c~lculation.) • 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. D/D YOU REMEMBER: Construction (Zone) ^ Driveway or Property Approach(s) • Submit a"Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by Development Services 8~ Traffic Services). There is a one week tumaround for this approval. ^ Working in the ACHD Rlght-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 8~ Sediment Control Narrative 8~ Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment & Eroslon Submlttal . At least one week prior to setting up a Pre-Con an Erosion 8~ Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ 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 ACHD Construction - Subdivision must have received approval from Development Senrices prior to scheduling a Pre-Con. 10 MCPA 08-002 MAZ-08-010 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 ROWDS Manager when it is alleged that the ROWDS 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 ~led 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 ROWDS 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 ROWDS 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. 11 MCPA-08-002 MAZ-08-010 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an eROr of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be retumed to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be retumed. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 12 MCPA-08-002 MAZ-08-010 Right-of-YYay & Development Services DepaYtment ~ ~~~~ ~ CH ~ ~ ~~.,~'~~O s~ Project/File: MCPA-08-009 (Laidlaw/Biskay Subdivision Comprehensive Plan Amendment) This application is for a comprehensive plan amendment to modify Meridian City's fufure land use map by changing the designation of approximately 9 acres west of SH-69 and north of Amiiy Road from medium density to high density. Lead Agency: Meridian City Site address: . North of Amity, West of SH-69 Staff Approval: July 29, 2008 OwneMApplicant: Gregory Johnson P.O. Box 344 Meridian, Idaho 83642 Representative: Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, Idaho 83642 Staff Contact: Matt Edmond Phone: 387-6187 E-mail: medmond(a~achd.ada.id.us Application Information: Acreage: Current Zoning: Designated Future Zoning: Proposed Future Zoning: 52.46 RUT All Medium Density Residential 9 acres High Densiiy Residential; 43 acres Medium Density Residential A. Findinqs of Fact Existing Conditions 1. Site Information: The site is cuRently vacant. A Pacific Northwest pipeline easement runs through the site between its northwest corner and its eastern boundary. 2. Descriotion of Adiacent Surroundina Area: Direction Land Use Zonin North A ricultural & rural residential RUT South A ricultural 8 rural residential RUT East A ricultural 8 rural residential RUT West Agricultural 8 rural residential RUT MCPA-08-009 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site • SH-69/Meridian Road is currently improved with five lanes with no curb, gutter, or sidewalk, within 150-feet of right-of-way approximately 1,700-feet east of the site. SH-69/Meridian Road is under the jurisdiction of the Idaho Transportation Department (ITD). • Harris Street is currently improved as a half-street section consisting of 24-feet of pavement, with vertical curb, gutter, and sidewalk on the north side, and attached concrete sidewalk on the south side, within 40-feet of right-of-way. Harris Street currently terminates as a public roadway approximately 400-feet east of the site. • The site currently has no public street frontage. 4. Existing Access: The site currently take access via a private road that connects with the west terminus of Harris Street. The site has no direct access to the public road system. 5. Site History: ACHD has not previously reviewed this site for a development application. 6. Adjacent Development: Hawkins Company is currently seeking approval for a comprehensive plan amendment, annexation, and rezone of approximately 72 acres immediately east of the site for development as a regional commercial center. Development Impacts 7. Trip Generation: This development is estimated to generate approximately 4,623 additional vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual. The preliminary site plan used to estimate the trip generation includes 101 single-family units; 184 four-plex units; and 360 multifamily units. 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 effe~t at that time. 9. Traffic Impact Study: A traffic impact study was not required with this application. 10. Existing Condition of Area Roadways: Roadway Frontage Functional Traffic Count Level o* Speed Classification Service Limit SH-69/ None Principal 24,144 north ofAmity Determined 55 MPH Meridian Road Arterial 10/2/2007 b ITD Harris Street none Collector No data No data 20 MPH *Acceptable level of service for state highways is determined by ITD. 11. Capital Improvements Plan (CIP) / Five Year Work Program (FYWP): • There are currently no roadways, bridges or intersections in the general vicinity of the project that are in the FYVVP. • Amity Road is listed in the CIP for comdor preservation for three lanes west of SH-69 and five lanes east of SH-69. B. Findinas for Consideration This application is for a comprehensive plan amendment, annexation, and rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 2 MCPA-08-009 1. Traffic Impact Study TrafFic Impact Study Policy: District policy 7106.1 states that the developer of a proposed large-scale development shall review the project with District staff before submitting a preliminary play application. The District will decide if a traffic impact study will be required and set the parameters. A study will be required if the proposed development contains more than 100 dwelling units; more than 30,000 square feet of commercial use; or more than 50,000 square feet of industrial use. If a project has special circumstances associated with it, the District may require an impact study, even if the aforementioned criteria are not met. Staff CommentlRecommendation: The applicant should coordinate with District staff prior to submitting subsequent development applications, to determine if a traffic impact study will be required. If a traffic impact study is required, the applicant should submit it as soon as possible, and may be required to construct additional roadway improvements based on the findings of the traffic impact study. 2. South Meridian Transportation Plan In order to plan for future growth in the South Meridian area, ACHD launched the South Meridian Transportation Plan in September 2007 to identify roadway, intersection, bridge and corridor improvements. The plan will also investigate altemative transportation solutions including pedestrian and bicycle pathways. The current draft South Meridian Transportation Plan proposes that Harris Street be extended as a mid-mile east-west collector roadway between SH-69 and Linder Road, and that Kentucky Way be extended as a north-south collector roadway between Victory Road and Amity Road. These alignments would likely follow the site's north and west boundaries. 3. Signal at Harris Street ~ Meridian Road/SH-69 A traffic signal will likely be warranted at the Harris Street/SH-69 intersection as a result of this and other developments in the vicinity. Harris Street is located at the half-mile, and this location meets the requirements of the City of Meridian's Unified Development Code for an access location. The applicant may be required to provide a road trust deposit with the District for part of the cost for the design and construction of the signal. When the property adjacent to Meridian Road develops, that developer can utilize the road trust deposit funds to construat the signal at that time OR at the time when ITD approves a signal in that location. 4. Harris Street Residential Collector Policy: District policy 72-F1A, 7202.3.2 and 7202.3.5, requires that residential collectors be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with no front-on housing. The access restri~tions for these street segments should be stated on the flnal plat. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage Program with District staff. Half-Street Section: District policy 7203.4.2 states °if a proposed development abuts an unpaved street or streets the developer shall construct one-half of the full street improvements, including curb, gutter and concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24-feet wide paved surface. A 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. This street section shall be constructed within a minimum 40-foot right-of-way." Applicant's Proposal: The applicant is proposing to extend Harris Street as a residential collector, shifting it to the south of the mid-mile, and stubbing it at the west property line. Staff Comment/Recommendation: The current draft of the South Meridian Transportation Plan proposes that Harris Street be extended as a mid-mile collector along the half-section lien, which coincides with the site's north boundary. If the South Meridian Transportation Plan is adopted in 3 MCPA-08-009 its current form, the applicant should extend Harris Street as a half-street section along the site's entire north boundary. There should be no direct lot access to this street. 5. North-South Mid-Mile Collector (Kentucky Way Extension) Residential Collector Policy: District policy 72-F1A, 7202.3.2 and 7202.3.5, requires that residential collectors be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments should be stated on the final plat. Unless othervvise noted, parking should be prohibited on these street segments. Coordinate the signage Program with District staff. Half-Street Section: District policy 7203.4.2 states "if a proposed development abuts an unpaved street or streets the developer shall construct one-half of the full street improvements, including curb, gutter and concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24-feet wide paved surface. A 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. This street section shall be constructed within a minimum 40-foot right-of-way.° Applicant's Proposal: The applicant is not proposing to extend a north-south mid-mile collector. Staff Comment/Recommendation: The current draft of the South Meridian Transportation Plan proposes that Kentucky Way be extended as a north-south mid-mile collector along the half- section line, which coincides with the site's west boundary. If the South Meridian Transportation Plan is adopted in its current form, the applicant should construct a half-street section, to be a future collector, along the site's entire west boundary. There should be no direct lot access to this street. 6. Internal Streets Standard Local Street Section: District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. Reduced local street section: District policy 7240.4.3 allows a developer to construct a focal urban residential street with a reduced width of 29-feet from back-of-curb to back-of-curb with curb, gutter and sidewalk. Policy requires Fire Department approval from use of reduced street sections and restricts parking on reduced street sections. Residential Turnarounds: District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum tuming radius of 45-feet. Landscape and parking islands may be constructed in turnarounds if a minimum inside curb radius of 28-feet, and a minimum outside radius of 45- feet are provided. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. Applicant's Proposai: The applicant is proposing to construct six local residential streets and one turnaround. One street will access Harris Street and one street will access a proposed collector from the Hawkins development to the east. Staff Comment/Recommendation: The applicant should either construct all local streets as 36- foot street sections with vertical curb, gutter, and 5-foot sidewalk on both sides, OR coordinate with District staff and the City of Meridian to determine if an alternate street section is more appropriate for this development. 4 MCPA-OS-009 7. Stub Streets Stub Street Policy: District policy 7203.5.1 states that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non-continuous streets." District policy 7205.5 states that stub streets will be required to provide intra- neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul- de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE." Applicant's Proposal: The applicant is proposing to stub Harris Street to the west property line and a local street to the south property line. Staff Comment/Recommendation: The construction of Harris Street and the north-south collector as half-street sections will provide adequate connectivity to the north and west. The applicant should also provide one stub street to the south property line, as proposed. 8. Private Street Private Street Policy: District policy 7205.6, other jurisdictions 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. ~ Applicant Proposal: The applicant is proposing to construct a private road to provide access to the four-plex housing units. Staff Comment/Recommendation: If the City of Meridian approves the private road, the applicant shall be required to pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of the public street and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. 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. 9. Access Access Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Driveway Paving: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site 5 MCPA-08-009 beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Residential Driveways: District Policy 7207.9.3 restricts residential driveways to a maximum width of 20-feet. Applicant Proposal: The applicant is not proposing any specific driveway locations with this application. Staff Comment/Recommendation: The applicant should construct all single-family residential driveways onto local streets only. These driveways should be curb-cut type driveways, no wider than 20-feet, and paved their full widths at least 30-feet into the site. District staff recommends a modification of policy to allow the applicant to construct two curb-return type driveways from the multi-family site, one onto Harris Street and one onto the proposed collector from the Hawkins development. C. Site Specific Conditions of Approval This application is for a comprehensive plan amendment only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 1. Submit a traffic impact study for the proposed development to District staff as soon as possible, for review by District Traffic Service staff. 2. Construct Harris Street as a half-street section along the site's north boundary. 3. Construct Kentucky Way as a half-street section along the site's west boundary. 4. Either construct all local streets as 36-foot street sections with vertical curb, gutter, and 5-foot sidewalk on both sides, OR coordinate with District staff and the City of Meridian to determine if an alternate street section is more appropriate for this development. 5. Construct one stub street to the south property line. Install a sign at its terminus stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 6. Construct a private road to access the four-plex housing units, as proposed, with 15-foot curb- retum radii where it intersects the public street. 7. Construct all single-family residential driveways as curb-cut type, no wider than 20-feet, and paved their full widths at least 30-feet into the site. 8. Construct finro curb-retum type driveways from the proposed multi-family site, one onto Harris Street and one onto the proposed collector from the Hawkins development. The driveways shall be no wider than 24-feet, and paved their full widths at least 30-feet into the site. 9. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6 MCPA-08-009 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. Comply with the District's Tree Planter Width Interim Policy. 6. 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. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless spec~cally waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 11. 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 finro 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. 12. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. 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. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordination 4. Development Process Checklist 5. 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' ~--'~~.~- ~ - --'- ' 1 1 ' ' ' ~<. 1 ~ ~% 1! ! ~~ ~~ 0 ~ B~P~ ~ ~~ ~ ~1~Q/~. / ~ ~ ~ ~ ' ~( ~ {~ ~ ~ ~ ~ IOT 11 P!~! ~ l SS 9 MCPA-08-009 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper not~cation to utilities of /oca/ 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 not~cation 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 affeat 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 pertormed shall be pursuant to final approved plans by the highway entiiy. The developer shatl 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. 10 MCPA-08-009 Development Process Checklist ~Submit a development application to a City or to the County ~The City or the County will transmit the development application to ACHD ~The ACHD Planning Revlew Dlvlsion will receive the development application to review ~The Planntng Review Dlvlslon will do one of the following: ^Send a"No Review" letter to the applicant stating that there are no site specific requirements at this time. ^Send a"Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development applica6on and that the site specific requirements from the previous development also apply to this development application. ^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 confortnance to District Policy. ~The Planning Review Division will hold a Technlcal Review meeting for all Staff and Commisslon Level reports. ^For ALL development applicafions, including those receiving a"No Revtew" or "Comply With" letter. • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Dlvlsion 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 c~lculation.) • The applicant is required to get a permit from Construction Senrices (ACHD) for AIVY 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 (Zone) ^ Drlveway or Properly Approach(s) • Submit a"Driveway Approach RequesY' form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week tumaround for this approval. ^ Working In the ACHD Rlght-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. Constroction (Subdivisions) ^ Sediment 8 Erosion Submittal • At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ Idaho Power Company • Vc 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 ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 11 MCPA-08-009 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and declde appeals by an appl(cant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS 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 arbitrarlly and capriciously in the interpretation or enforcement of the ACHD Policy Manual. Filing Fee: The Commission may, from tlme to tlme, set reasonable fees to be charged the applicant for ~the processing of appeals, to cover administrative costs. b. Initiation: An appeal Is inltiated by the flling of a written notice of appeal with the Secretary of Hlghway 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 wrltten summary of the provisions of the policy relevant to the appeal and/or the facts and law a-elied 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 ROWDS Manager shall have ten (10) working days from the date of the filing of the notlce 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 modiflcations 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 ROWDS Manager's reply to the notice of appeal. A copy of the decislon being appealed, the notice of appeal and the reply shall be delivered to the Commisslon 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 declsion being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 12 MCPA-08-009