HomeMy WebLinkAboutACHD Commentsf ~~;
'~ CHD
~ioowmv'~"ecl~o SrAiv~rcPi
October 17, 2008
To: Chuck Christensen
Quadrant Consulting, LLC
1904 W. Overland Road
Boise, Idaho 83705
Subject: Volterra Business Park Rezone
M RZ-08-004
3450 W. McMillan Road
Carol A. McKee, President
Sherry R. Huber, 1st Vice President
Dave BNens, 2nd Vice President
John 5. Franden, Commissioner
Rebecca W. Amold, Commisstoner
On 17 October 2008, the Ada County Highway District Planning Review staff acted on the
above application. The attached report lists site-specific requirements, conditions of approval
and street improvements, which are required.
If you have any questions, please feel free to contact me at (208) 387-6187.
Sincerely,
Matt Edmond
Planner III
Right-of--Way & Development Services
Ada County Highway District
CC: Project file
Bill Parsons, Meridian City Planning Department (sent via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 •
www.achd.ada.ld.us
Right-of-Way & Development Department
,~ _ Planning Review Division
CHD
~fl~~e s
Project/File:
Lead Agency:
Site address:
Staff Approval:
Applicant:
Representative:
Staff Contact:
MRZ-08-004
This application is for rezone of approximately 94 acres from L-O and R-4 to
GG, C-C, L-O, and R-15 for Volterra Business Park.
City of Meridian
3450 W. McMillan Road
October 17, 2008
Primeland Investment Group
3120 W. Belltower Drive, Suite 100
Meridian, Idaho 83646
Quadrant Consulting, Inc.
1904 W. Overland Road
Boise, Idaho 83705
Matt Edmond
Phone: 387-6187
E-mail: medmondCa~achd.ada.id.us
Application Information:
Acreage: 93.65 acres
Current Zoning: R-4, C-G
Proposed Zoning/Use: C-C: 37.84 acres; 464,000 square feet
C-G: 25.10 acres; 558,000 square feet
L-O: 10.70 acres; 120,000 square feet
R-15: 20.00 acres; 260,000 square feet
A. Findings of Fact
Existing Conditions
1. Site Information: The site is currently vacant.
2. Description of Adiacent Surrounding Area:
Direction Land Use Zonin
North Vacant Bainbrid a Subdivision endin develo ment R-8
South Vacant olterra, Volterra South Subs ending develo ment R-4, GG
East Sin le Famil Residential erona No. 1 & 2 R-8, GG
West Vacant (Volterra pending development), Rural Residential R-4, RUT
3. Existing Roadway Improvements and Right-of-Way Abutting or Near the Site
• McMillan Road is currently improved with 2 lanes (24-feet of pavement) and no curb gutter or
sidewalk within 50-feet of right-of--way (25-feet from centerline) abutting the site.
• Ten Mile Road is currently improved with 2 lanes (26-feet of pavement) and no curb, gutter or
sidewalk within 63-feet of right-of--way (25-feet from centerline) abutting the site.
• The intersection of Ten Mile and McMillan Roads is currently being widened and signalized
under a developer cooperative agreement. It is expected to be completed in November 2008.
MRZ-08-004
4. Existing Access: The site has no defined access points to abutting public roadways.
5. Site History: ACHD previously reviewed and approved this site as part of Volterra Subdivision in
September 2005, and subsequently commented on a comprehensive plan amendment to change
the future land use designation of the site from Medium Density Residential to Mixed Use
Community in July 2008 (MCPA-08-003).
6. Adjacent Development: Bainbridge Subdivision abuts the site to the north, Volterra Subdivision
abuts the site to the west, and Volterra South abuts the site to the south. All these developments
have been approved and construction phases are pending.
Development Impacts
7. Trip Generation: This development is estimated to generate 46,820 additional vehicle trips per
day, based on the Institute of Transportation Engineers Trip Generation Manual and the following
assumptions:
• C-C zone: 464,OOOsf of Specialty Retail at 44.32 VTD/1,OOOsf
• C-G zone: 558,OOOsf of Specialty Retail at 44.32 VTD/1,OOOsf
• L-O zone: 120,OOOsf of General Office at 11.01 VTD/1,OOOsf
• R-15 zone: 75 units of Assisted Living at 2,74 VTD/unit
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. Existing Conditions of Area Roadways:
Roadway Frontage Functional Traffic Count Level of
* Speed
Classification Service Limit
McMillan g39' Minor Arterial 2,372 west of Ten Better
" 50 MPH
Road Mile on 7/19/2006 than "C
Ten Mile Road 1738' Minor Arterial 5,620 north of Better 50 MPH
Ustick 9/19/2007 than "C°
*Acceptable level of service for atwo-lane minor arterial roadway is "D° (14,000 VTD).
10. Capital Improvements PIaNFive Year Work Plan:
• There are no roadways, bridges or intersections in the general vicinity of the project there are
listed in the current Five Year Work Plan.
• Ten Mile Road is listed in the Capital Improvements Plan to be widened to 5-lanes between
Ustick Road and McMillan Road between 2014 and 2018.
• Ten Mile Road is listed in the Capital Improvements Plan to be widened to 5-lanes between
McMillan Road and Chinden Boulevard between 2014 and 2018.
• McMillan Road is listed in the Capital Improvements Plan to be widened to 3-lanes befinreen
Ten Mile Road and Linder Road between 2019 and 2028.
• McMillan Road is listed in the Capital Improvements Plan for corridor preservation to
accommodate widening to 3 lanes in between Black Cat Road and Ten Mile Road.
B. Findings for Consideration
This application is for 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 speck redevelopment application.
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 plat
application. The District will decide if a traffic impact study will be required and set the
2 MRZ-08-004
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 have not been met.
Staff Comment/Recommendation: The applicant should coordinate with District staff prior to
submitting a subsequent development application, 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. McMillan 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.
Staff Comment/Recommendation: As a part of the North Meridian Traffic Plan, it was noted
that a 3-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes within
70-feet of right-of--way would be adequate to accommodate the projected traffic volumes on
McMillan Road. Due to the fact that the North Meridian Traffic Plan recommended a 70-foot right-
of-way on McMillan Road and the Commission has supported the recommendation in the past,
staff is recommending a total right-of--way width of 70-feet as opposed to 96-feet of right-of--way
(48-feet from centerline). Therefore, staff recommends that the applicant dedicate 35-feet of
right-of--way on McMillan Road abutting the site and construct a 5-foot detached concrete
sidewalk a minimum of 28-feet from the centerline of the roadway.
3. Ten Mile 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.
Staff CommentlRecommendation: Consistent with the projects planned in the District Capital
Improvement Plan, the applicant will be required to dedicate 48-feet of right-of--way from the
centerline line of Ten Mile Road abutting the site and construct a 5-foot detached concrete
sidewalk a minimum of 41-feet from the centerline of the roadway.
4. Roadway Offsets
Roadway Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a
minimum of 300-feet from an arterial roadway (measured centerline to centerline). District policy
7204.11.6 states that the optimum spacing for collector intersections along arterial roadways is
1,700-feet to allow adequate signal spacing. The minimum spacing that is acceptable for
collector intersections along arterials is 1,300-feet.
Applicant Proposal: The applicant has proposed to construct two roadways to intersect
McMillan Road and one roadway to intersect Ten Mile Road.
Staff Comment/Recommendation: Although the submitted site plan is not scaleable, it appears
that the proposed roadway intersection locations with both McMillan and Ten Mile Roads are
consistent with roadway locations previously approved with Volterra Subdivision in 2005. Staff
will provide specific comments on the proposed roadway intersections once a scaleable site plan
has been received as part of a future development application.
3 MRZ-08-004
5. Internal Streets
Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of--way
on local streets. This right-of--way allows for the construction of a 2-lane roadway with curb, gutter
and 5-foot wide concrete sidewalks.
36-foot Street Section Policy: 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. 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.
Commercial Street Section Policy: District policy requires 54-feet of right-of--way on
industrial/commercial roadways (Figure 72-F1 B). This right-of--way allows for the construction of a
3-lane roadway with curb, gutter and 5-foot wide concrete sidewalks.
Island Policy: District policy 7202.7 and 7207.5 require islands to be constructed a minimum of
4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The
roadway on either side of the traffic island should maintain a minimum of a 21-foot street section.
District policy also requires any proposed landscape islands/medians within the public right-of-
way dedicated by this plat should be owned and maintained by a homeowners association. Notes
of this should be required on the final plat. The design should be reviewed and approved by
ACHD's Development staff.
Applicant Proposal (Internal streets): The applicant has proposed to construct some internal
streets as divided roadways with center landscape islands. The type and width of other roadway
sections is unclear.
Staff Comment/Recommendation: The applicant's proposals for the intemal streets will be
reviewed with future development applications to ensure compliance with District Street Section
policies. If the applicant would like to construct center landscape islands, drive aisles must be a
minimum of 21-feet wide (back-of--curb to back-of--curb) on either side of the islands.
6. 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 Proposal: The applicant is proposing to construct one stub street to the north, and an
internal roadway along the west property boundary.
Staff Comment/Recommendation: Bainbridge Subdivision was approved with the condition of 3
stub streets to this site's north property boundary, located approximately 210-feet, 480-feet, and
1,750-feet west of Ten Mile Road, respectively. The applicant will be required to connect with
these stubs, or provide stub streets aligning with their proposed locations, dependent upon which
development is constructed first. The proposed roadway along the west property boundary will
provide adequate connectivity with the remainder of the Volterra Subdivision to the west.
4 MRZ-08-004
7. Tree Planters
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.
8. Other Access
Ten Mile Road and McMillan Road are classified as minor arterial roadways. Other than the
access spec~cally approved with this application, direct lot access to these roadways is
prohibited and should be noted on the final plat.
C. Site Specific Conditions of Approval
This application is for 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 speck redevelopment application.
1. Submit a traffic impact study for the proposed development to District staff as soon as possible.
2. Dedicate 35-feet of right-of-way from the centerline of McMillan Road abutting the site. Construct
a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of McMillan Road
abutting the site.
3. Dedicate 48-feet of right-of--way from the centerline of Ten Mile Road abutting the site. Construct
a 5-foot detached concrete sidewalk a minimum of 41-feet from the centerline of the Ten Mile
Road abutting the site.
4. Construct two roadways to intersect McMillan Road in locations consistent with those previously
approved with Volterra Subdivision in 2005.
5. Construct one roadway to intersect Ten Mile Road in a location consistent with that previously
approved with Volterra Subdivision in 2005.
6. Construct all divided roadways with minimum 21-foot drive aisles (back-of-curb to back-of-curb)
on either side of the center islands.
7. Provide for connectivity with the stub streets previously approved with Bainbridge Subdivision in
2005.
8. Other than the access specifically approved with this application, direct lot access to Ten Mile
Road and McMillan Road is prohibited and shall be noted on the final plat.
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.
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.
5 MRZ-08-004
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 in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
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 (1-800-342-1585) 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 ACRD 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. Rezone Map
4. Utility Coordination
5. Development Process Checklist
6. Request for Reconsideration Guidelines OR Appeal Guidelines
6 MRZ-08-004
MRZ-08-004
e
__
--
asr.
1
I
~ a~~ u
Z
i~ ~
.,
D~°~
~,
o.uoee~eo.e,,,~
DI~
~_~„
.~
~~ , ~.~
W. McMILLAN ROAD _-- - ---
.a~. °~~-~° ~-a ^e~mv ~ ""mss
8 MRZ-08-004
_ _ _...
S89'21'12'E 1769.39' i
27 i
26
589 38'44'E ~ ~
NO'S9'37"E it PROPOSED L-0 ZONE
1
n
409.34' ~ 10.70 ACRES .-
C11 Ci2 C13
C10 ~
N8923'45"W NS'48'48"W
•~ 104.83' 1Q4 ~'
~N ~ 38.43'
S. W. DEEO INST.
~
N0. 106041249 ~+
n
m
° PROPOSED C-C ZONE ~ ~
i
y 37.84 ACRES ^ N
m ~
~-
W
"
CURRENT
~ ~ p
R-a ZONE
i0
z
Z
r - - - - - - - ~ - - - - - - - - -838.98' - - - - -
~ ~ ~l
'
'
"
~
~ 588"36'2YE - . - .~ .- .~
' ..J
~ ~ N98
00
00
E 739.71
~ j
PROPOSED C-G ZONE
~ C14 /''
. 25.10 ACRES
- /,
I
~: / N89 38'48"W
,
I ~ ~
;+~ 485.13' ~
I S. W. DEED INST. ~ c
I ~ ~ C±
N0. ~ 06099041
,W PR
I ~ ~
OPOSED R-15 ZONE
i Z i
i o
a
~ 20.00 ACRES N0. 106099040 ' ~ ~
I ~ $ I ~ ~
i ~ CURRENT C-G ZONE °: i _
g
I
~= ~ ~ o~i z
I N21'51'35'W rn! ~ ~
100.' N ~ i z
I VO
M~
I
I N1'03'31`E ~ $,
2 7 196.00' ~ '~
;i
----+~- - ---, -- -- -- - - -847.25_ -~---. _ ._ _ .. ... _ - 89133' 27 ~ j 26
34 ~ 2
654.74' N88'S6'29°W _
--------------------
W
MCPAILLAN ROAD --
~
. 34 35
9 MRZ-08-004
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper not~cafion to utilities of local highway
and road improvements, to help the utilities in budgeting and to clanfy 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 not cation shall indicate that the work to be
pertormed 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 not cation information.
10 MRZ-08-004
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 Review Division will receive the development application to review
®The Planning Review Division 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 Wlth" 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 Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter.
• The applicant should submit iwo (2) sets of engineered plans directly to ACHD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACRD, then architectural plans may be submitted for purposes of impact fee calculation.)
• 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 (Zone)
^ Drtveway or Property Approaches)
• Submit a "Driveway Approach Request" form to Ada County Highway District (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 ACRD 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 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 turned 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 Services prior to scheduling aPre-Con.
11 MRZ-08-004
Request for Appeal of Staff Decision
1. Appeal of Staff Deciisiion: The Commisslon 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 Commisslon may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with
the Secretary of Highway Systems, which must be filed within ten (10) working
days from the date of the decision that is the subject of the appeal. The notice of
appeal shall refer to the decision being appealed, identify the appellant by name,
address and telephone number and state the grounds for the appeal. The
grounds shall include a written summary of the provisions of the policy relevant
to the appeal and/or the facts and law relied upon and shall include a written
argument in support of the appeal. The Commission shall not consider a notice
of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the
date of the tiling 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 Commisslon 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.
12 MRZ-08-004