HomeMy WebLinkAboutACHD Comments~~
CHD
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September 18, 2009
To: Scott Stanfield (sent via email)
Mason & Stanfield, Inc.
314 Badiola Street
Boise, Idaho 83605
Subject: MAZ-09-005
Annexation & rezone of 5.89 acres from RUT to C-C
Northwest corner of Linder Road and Ustick Road
RECEIVE
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CITY OF ~~rnrAN
CITY CLERKS OFF E
On 18 September 2009, 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 the District may require with future specific development applications.
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
JJA Land, LLC
Bill Parsons, Meridian City Planning Department (sent via email)
Carol A. McKee, President
Sherry R. Huber, 1st Vice President
Rebecca W. Arnold, 2nd Vice President
John S. Franden, Commissioner
Sara M. Baker, Commissioner
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Right-qT Way & Development Services
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CHD
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Project/File: MAZ-09-005
This application is for annexation and rezone of 5.89 acres from RUT (Ada County)
to C-C (Community Business) at the northwest corner of Linder Road and Ustick
Road.
Lead Agency: City of Meridian
Site Address: Northwest corner of Linder Road and Ustick Road
Staff Approval: September 18, 2009
Applicant: Mason & Stanfield, Inc.
314 Badiola Street
Boise, Idaho 83605
Owner: JJA Land, LLC
13601 W. McMillan Road, Suite 102
Boise, Idaho 83713
Staff Contact: Matt Edmond
Phone: 387-6187
E-mail: medmond(a~achd.ada.id.us
Application Information:
Acreage: 5.89
Current Zoning: RUT (Rural-Urban Transition)
Proposed Zoning: C-C (Community Business)
Planned Use: Neighborhood commercial development
A. Findings of Fact
Existing Conditions
1. Site Information: The site contains one single family dwelling.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zonin
North Rural Residence RUT
South Sin le Famil Residence (ACRD owned R1
East A ricultural, Rural Residential RUT
West Medium Density Residential R-8
1 MAZ-09-005
3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site
• Linder Road is improved with four travel lanes, a westbound right turn lane, an eastbound left
turn lane, and some vertical curb, gutter, and 7-foot wide attached concrete sidewalk inside 92
to 102-feet of right-of-way (45 to 57-feet from centerline) abutting the site.
• Ustick Road is improved with four travel lanes, a northbound left turn lane, a southbound right
turn lane, vertical curb, gutter, and 7-foot wide attached concrete sidewalk inside 102-feet of
right-of-way (45-feet from centerline) abutting the site
• Crosswind Street is improved with two travel lanes (32-feet of pavement), rolled curb, gutter,
and 5-foot wide attached concrete sidewalk inside 50-feet of right-of-way where it stubs into
the site's west property line.
4. Existing Access: The site has one access point onto Linder Road and one access point onto
Ustick Road. These access points were approved and constructed with the District's intersection
project in 2009. A third access point, located on Linder Road approximately 570-feet north of Ustick
Road, was approved with the intersection project, but has yet to be constructed.
5. Site History: The District has not previously acted on any development applications involving this
site.
6. Adjacent Development: The following developments are pending or under construction in the
vicinity of the site:
• Windsong Subdivision, a 67-unit residential development, is pending construction immediately
west of the site. The District approved the preliminary plat of Windsong on 3 December 2003,
and the final plat on 1 September 2004.
• Settler's Square Subdivision, a proposed commercial development, is located on Ustick Road
approximately'/z-mile east of the site. The District approved the preliminary plat of Settler's
Square on 16 November 2007.
• Crossfield Subdivision No. 4, a 105-unit residential development, is located on Ustick Road
approximately'/2-mile east of the site. The District approved the preliminary plat of Crossfield
on 18 May 2005.
Development Impacts
7. Trip Generation: This application is for annexation and rezone only, with no tentative site plan
submitted. Assuming 45,000 square feet of specialty retail use, the site would generate
approximately 2,000 vehicle trips per day, based on the Institute of Transportation Engineers Trip
Generation Manual.
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 Condition of Area Roadways:
Roadway Frontage Functional Traffic Count Level of Speed
Classification Service* Limit
Linder Road 612' Minor Arterial 10,400 north of Ustick Better than 50 MPH
5/1 /2008 "C"
Ustick Road
333' Principal 11,447 east of Linder Better than
„
45 MPH
Arterial 12/10/2008 ,~C
Crosswind Street 50' Local No data N/A 20 MPH
* Acceptable level of service for atwo-lane minor arterial is "D" (14,000 ADT).
'` Acceptable level of service for atwo-lane principal arterial is "E" (17,000 ADT).
2 MAZ-09-005
10. Capital Improvements Plan /Five Year Work Plan:
• There are no roads, bridges, or intersections in the general vicinity of the development
scheduled for improvement in the current Five Year Work Plan.
• Linder Road is listed in the Capital Improvements Plan to be widened to five lanes from
Cherry Lane to Ustick Road between 2019 and 2028.
• Linder Road is listed in the Capital Improvements Plan to be widened to five lanes from Ustick
Road to McMillan Road between 2019 and 2028.
• Ustick Road is listed in the Capital Improvements Plan to be widened to five lanes from Ten
Mile Road to Linder Road between 2019 and 2028.
• Ustick Road is listed in the Capital Improvements Plan to be widened to five lanes from Linder
Road to Meridian Road between 2019 and 2028.
B. Findings for Consideration
This application is for 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.
1. Linder 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.
Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete
sidewalk on all collector roadways and arterial roadways (7204.7.2).
Staff Comment/Recommendation: Linder Road is fully improved for approximately 400-feet
abutting the site. The applicant will be required to construct 5-foot wide detached concrete
sidewalk located no closer than 41-feet from the centerline of Linder Road abutting the remainder
of the site's frontage.
2. Ustick 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: Ustick Road is fully improved abutting the site. Therefore,
no additional right-of-way dedication or roadway improvements will be required with this
development.
3. 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."
3 MAZ-09-005
Staff Comment/Recommendation: Crosswind Street stubs into the site's northwest corner from
Windsong Subdivision. The applicant will be required to extend Crosswind Street into the site,
and either stub it to the site's north property line or extend it out to Linder Road. If the applicant
elects to extend Crosswind Street to Linder Road, the applicant will be required to dedicate right-
of-way to the north property line to allow for connectivity to the north in the event of future
development.
4. Internal Streets
Commercial Street 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.
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."
Staff Comment/Recommendation: The applicant will be required to extend Crosswind Street
into the site as a 40-foot commercial street section with vertical curb, gutter, and minimum 5-foot
wide concrete sidewalk on both sides. If the applicant elects to extend Crosswind Street along
the north property line, the applicant will be required to construct Crosswind Street as a half street
section with 24-feet of pavement, vertical curb, gutter and minimum 5-foot wide concrete sidewalk
on the south side, and a 3-foot wide gravel shoulder and drainage swale on the north side. If
Crosswind Street provides any access to the site, it will be constructed to commercial/industrial
street standards.
5. 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).
Staff Comment/Recommendation: As part of the Linder Road/Ustick Road intersection project,
the District approved a curb return into the site from Linder Road approximately 570-feet north of
Ustick Road (measured near edge to near edge). If the applicant elects to extend Crosswind
Street to Linder Road, the applicant will be required to locate the street at this approved curb
return location.
6. Driveways
Access Management 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 Offsets: 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 aright-
in/right-out only driveway.
Successive Driveways: District policy 72-F5, requires driveways located on collector or arterial
roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or
proposed driveway.
4 MAZ-09-005
Commercial Driveways: 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.
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
beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
Staff Comment/Recommendation: Three access points were approved for this site with the
Linder Road -Ustick Road intersection project. One full access driveway onto Ustick Road
approximately 200-feet west of Linder Road was approved and constructed with the intersection
project. One right-in/right-out ONLY driveway onto Linder Road approximately 350-feet north of
Ustick Road was approved and constructed with the intersection project. The applicant may be
required to install a concrete median on Linder Road to restrict this driveway with a subsequent
development application. Afull-access driveway onto Linder Road approximately 570-feet north
of Ustick Road was approved with the intersection project, but has yet to be constructed.
Additionally, in order to provide connectivity and obviate the need to use the arterial road network
to travel between the site and adjacent land uses, the applicant will be required to construct a
driveway onto Crosswind Street.
7. 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.
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
Linder Road and Ustick Road are classified as minor arterial and principal arterial roadways,
respectively. Other than access specifically approved with this application, direct lot access to
these roadways is prohibited.
C. Site Specific Conditions of Approval
This application is for annexation and rezone only. Listed below are some of the site specific conditions
that the District may identify when it reviews a future development application. The District may add
additional site specific requirements when it reviews a specific redevelopment application.
Construct 5-foot wide detached concrete sidewalk located no closer than 41-feet from the
centerline of Linder Road abutting the site where it does not currently exist.
2. Extend Crosswind Street into the site from the site's northwest corner, and stub it either to the
north property line or to the approved access location on Linder Road approximately 570-feet
north of Ustick Road. If Crosswind Street is stubbed to the north property line, install a sign at the
terminus stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." If Crosswind Street
is extended to Linder Road, dedicate right-of-way all the way to the north property line.
5 MAZ-09-005
3. Construct Crosswind Street as one of the following:
a. A 40-foot commercial street section with vertical curb, gutter and minimum 5-foot wide
sidewalk on both sides.
b. Ahalf-street section with 24-feet of pavement, vertical curb, gutter and minimum 5-foot wide
concrete sidewalk on the south side, and a 3-foot wide gravel shoulder and drainage swale on the
north side.
4. Construct Crosswind Street to commercial/industrial street standards if it provides any access to
the site.
5. Construct a site driveway, no wider than 36-feet, onto Crosswind Street. Pave the driveway its full
width at least 30-feet into the site.
6. Utilize the existing full access driveway onto Ustick Road located approximately 200-feet west of
Linder Road (measured near edge to near edge). Pave the driveway its full width at least 30-feet
into the site from Ustick Road.
7. Utilize the existing right-in/right-out ONLY driveway onto Linder Road located 350-feet north of
Ustick Road (measured near edge to near edge). Pave the driveway its full width at least 30-feet
into the site from Linder Road. Install a concrete median on Linder Road to restrict this driveway
to right-in/right-out ONLY.
8. [If not utilized as a public street per item 2] Construct a full access driveway onto Linder Road, no
wider than 36-feet and located 570-feet north of Ustick Road (measured near edge to near edge).
9. Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the
site.
10. Other than access specifically with this application, direct lot access to Linder Road and Ustick
Road is prohibited.
11. 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
rig ht-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 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.
g MAZ-09-005
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 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. Utility Coordination
3. Development Process Checklist
4. Appeal Guidelines
MAZ-09-005
MAZ-09-005
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.
g MAZ-09-005
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 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 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 two (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 ACHD, 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)
^ Driveway or Property Approach(s)
• 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 ACRD
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
ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
10 MAZ-09-005
Request for Appeal of Staff Decision
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.
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 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.
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 MAZ-09-005