ACHD Comments CCDevelopment Services Department
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Project/File: Kinsley (MRZ-14-003 / MPFP-14-001 / MCUP-14-002 / MMDA-14-004)
The applicant is requesting to construct Kinsley Subdivision, a 3 -lot commercial
subdivision located at 890 N. Ten Mile Road.
Lead Agency: City of Meridian
Site address: 890 N. Ten Mile Rd
Staff Approval: September 12, 2014
Applicant: DL Evans Bank
213 N. 9th St.
Boise, ID 83702
Representative: Tamara Thompson
The Land Group
462 E. Shore Dr.
Eagle, ID 83616
Staff Contact: Christy Little
Phone: 387-6144
clittle()-achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting a rezone, preliminary/final plat and
conditional use permit approval for Kinsley Subdivision. The proposal consists of 3 commercial
lots on 3.42 acres located on the northeast corner of the Ten Mile Road and Pine Avenue
intersection at 890 N. Ten Mile Road. The applicant is requesting a zoning change from L -O and
R-15 to C -C. The proposal for Kinsley subdivision is consistent with the City of Meridian's
comprehensive plan.
2. Description of Adiacent Surroundina Area:
3. Site History: ACHD previously reviewed this site as a part of Valeri Heights Subdivision and
Sommersby Subdivision.
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Direction
Land Use
Zoning
North
Residential District townhome development)
R-15
South
Commercial District (Connections Credit Union)
C -C
East
Residential District (Sommersby Subdivision
R-15
West
Residential District (Moshers Farm Subdivision)
R-8
3. Site History: ACHD previously reviewed this site as a part of Valeri Heights Subdivision and
Sommersby Subdivision.
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4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• A Connections Credit Union along with a commercial business pad located at 750 N. Ten Mile
Road, directly south of the site, is currently in the development process.
• Canterbury Commons Subdivision is located on the south side of Pine Avenue just east of the
site. It consists of 47 buildable lots and is in various stages of development.
5. Transit: Transit services are not available to serve this site.
6. New Center Lane Miles: The proposed development does not create any lane miles of new
public road.
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. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• The intersection of Cherry Lane and Ten Mile Road is listed in the Capital Improvements Plan to
be widened to 7 -lanes on the north leg, 7 -lanes on the south, 7 -lanes east, and 7 -lanes on the
west leg, and signalized between 2017 and 2021.
B. Traffic Findings for Consideration
1. Trip Generation: The proposed drive-thru bank is estimated to generate 704 additional vehicle
trips per day and 116 additional vehicle trips per hour in the PM peak hour, based on the Institute
of Transportation Engineers Trip Generation Manual, 91h edition. The applicant has indicated it is
likely the other two commercial lots will be developed as drive-thru retail. A drive-through coffee
shop is estimated to generate 818.58 daily trips and 42.8 trips in the PM peak hour for every
1,000 square feet. A fast food restaurant with a drive-through is estimated to generate 496.12
daily trips and 32.65 trips in the PM peak hour for every 1,000 square feet. Specialty retail is
estimated to generate 44.32 daily trips and 2.71 trips in the PM peak hour for every 1,000 square
feet.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
• Acceptable level of service for a five -lane minor arterial is "D” (1,540 VPH).
• Acceptable level of service for a three -lane minor arterial is "D" (720 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
The average daily traffic count for Ten Mile Road south of Cherry Lane was 20,803 on
February 26, 2014.
The average daily traffic count for Pine Avenue east of Ten Mile Road was 4,874 on
November 6, 2013.
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Functional
PM Peak
PM Peak
Existing
Roadway
Frontage
Classification
Hour
Hour Level
Plus
Traffic Count
of Service
Project
Ten Mile Rd.
493 -feet
Minor Arterial
1,397
«D„ Better than
,
E'
Pine Ave.
282 -feet
Minor Arterial
345
Better than
E„
«D„
• Acceptable level of service for a five -lane minor arterial is "D” (1,540 VPH).
• Acceptable level of service for a three -lane minor arterial is "D" (720 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
The average daily traffic count for Ten Mile Road south of Cherry Lane was 20,803 on
February 26, 2014.
The average daily traffic count for Pine Avenue east of Ten Mile Road was 4,874 on
November 6, 2013.
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C. Findings for Consideration
1. Ten Mile Road
a. Existing Conditions: Ten Mile Road is improved with 5 travel lanes, vertical curb, gutter,
and 7 -foot wide sidewalk abutting the site. There is 96 feet of right-of-way for Ten Mile Road.
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right -of -Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5 -lane street section shall be 72 -feet (back -of -curb to back -of -curb) within
96 -feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left -turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall
widen the pavement to a minimum of 17 -feet from centerline plus a 3 -foot wide gravel
shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be
required (See Section 7205.5.5).
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to
existing streets adjacent to a proposed development may be required. These improvements
are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction
or replacement; curb and gutter construction or replacement; replacement of unused
driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps;
pavement repairs; signs; traffic control devices; and other similar items.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Ten Mile Road is designated in the
MSM as a Residential Mobility Arterial with 5 lanes and on -street bike lanes, a 72 foot street
section within 100 feet of right-of-way.
c. Applicant Proposal: The applicant is not proposing any improvements to Ten Mile Road
abutting the site.
d. Staff Comments/Recommendations: No additional improvements or right-of-way are
required with this application.
2. Pine Avenue
a. Existing Conditions: Pine Avenue is improved with 3 travel lanes, vertical curb, gutter, and
7 -foot wide sidewalk abutting the site. There is 84 feet of right-of-way for Pine Avenue.
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
3 Kinsley
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right -of Way Width Policy: District Policy 7205.2.1 & 7205.5.2 states
that the standard 3 -lane street section shall be 46 -feet (back -of -curb to back -of -curb) within 70
feet of right-of-way. This width typically accommodates a single travel lane in each direction,
a continuous center left -turn lane, and bike lanes.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall
widen the pavement to a minimum of 17 -feet from centerline plus a 3 -foot wide gravel
shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be
required (See Section 7205.5.5).
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to
existing streets adjacent to a proposed development may be required. These improvements
are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction
or replacement; curb and gutter construction or replacement; replacement of unused
driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps;
pavement repairs; signs; traffic control devices; and other similar items.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Pine Avenue is designated in the
MSM as a Planned Commercial Arterial with 3 lanes and on -street bike lanes, a 46 foot street
section within 74 feet of right-of-way.
c. Applicant Proposal: The applicant is not proposing any improvements to Pine Avenue
abutting the site.
d. Staff Comments/Recommendations: No additional improvements or right-of-way are
required with this application.
3. Driveways
3.1 Ten Mile Road
a. Existing Conditions: There is one existing driveway from the site onto Ten Mile Road
located approximately 280 -feet north of Pine Avenue (measured centerline to centerline).
b. Policy
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table la under District policy 7205.4.6, unless a waiver for the access point has been
approved by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor
arterial roadways from a signalized intersection with a single left turn lane shall be located a
minimum of 330 -feet from the nearest intersection for a right-in/right-out only driveway and a
minimum of 660 -feet from the intersection for a full -movement driveway.
District policy 7205.4.5 requires driveways located on minor arterial roadways from a
signalized intersection with a dual left turn lane shall be located a minimum of 330 -feet from
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the nearest intersection for a right-in/right-out only driveway and a minimum of 710 -feet from
the intersection for a full -movement driveway.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, 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 in
accordance with Table 2 under District Policy 7205.4.8.
c. Applicant's Proposal: The applicant is proposing to close the existing 26 -foot wide driveway
from the site onto Ten Mile Road located approximately 280 feet north of Pine Avenue. The
applicant is not proposing to construct any new driveways onto Ten Mile Road. The applicant
is proposing to utilize an existing private road for circulation and access to Ten Mile Road.
d. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved as proposed.
3.2 Pine Avenue
a. Existing Conditions: There are no existing driveways from the site onto Pine Avenue. There
is a center median.
b. Policy
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table la under District policy 7205.4.6, unless a waiver for the access point has been
approved by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor
arterial roadways from a signalized intersection with a single left turn lane shall be located a
minimum of 330 -feet from the nearest intersection for a right-in/right-out only driveway and a
minimum of 660 -feet from the intersection for a full -movement driveway.
District policy 7205.4.5 requires driveways located on minor arterial roadways from a
signalized intersection with a dual left turn lane shall be located a minimum of 330 -feet from
the nearest intersection for a right-in/right-out only driveway and a minimum of 710 -feet from
the intersection for a full -movement driveway.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, 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 in
accordance with Table 2 under District Policy 7205.4.8.
c. Applicant's Proposal: The applicant is proposing to construct one 30 -foot wide right-in/right-
out driveway from the site onto Pine Avenue located approximately 270 feet east of Ten Mile
Road.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District policy.
Policy requires that right-in/right-out driveways be located a minimum of 330 -feet from a
signalized intersection. However, staff recommends a modification of policy to allow the
driveway to be located as proposed due to the fact that the site has insufficient frontage to
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locate a driveway in compliance with District policy. The driveway is proposed as far away
from the intersection as is possible. The driveway requires a 15% dimensional modification
and can be approved by staff.
The applicant should be required to correct deficiencies or replace deteriorated facilities along
Pine Avenue abutting the site. Included are sidewalk replacement, curb and gutter
replacement, reconstruction of pedestrian ramps, etc.
4. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in
planters less than 8 -feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8 -feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10 -feet.
5. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10 -feet from all public
storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision
triangle at intersections. District Policy 5104.3.1 requires a 40 -foot vision triangle and a 3 -foot
height restriction on all landscaping located at an uncontrolled intersection and a 50 -foot offset
from stop signs. Landscape plans are required with the submittal of civil plans and must meet all
District requirements prior to signature of the final plat and/or approval of the civil plans.
6. Other Access
Ten Mile Road and Pine Avenue are classified as minor arterial roadways. Other than the access
specifically approved with this application, direct lot access is prohibited to these roadways and
should be noted on the final plat.
D. Site Specific Conditions of Approval
1. Construct a 30 -foot wide curb return driveway on Pine Avenue located 270 -feet east of Ten Mile
Road. Pave the driveway its full width and at least 30 -feet into the site.
2. Direct lot access to Ten Mile Road is prohibited and shall be noted on the final plat.
3. Direct lot access to Pine Avenue is restricted to one right-in/right-out access and shall be noted on
the final plat.
4. Correct deficiencies or replace deteriorated facilities along Pine Avenue and Ten Mile Road
abutting the site. Included are sidewalk replacement, curb and gutter replacement, reconstruction
of pedestrian ramps, etc.
6. Payment of impacts fees are due prior to issuance of a building permit.
6. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including
all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-
of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
6 Kinsley
3. In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
6. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless a waiver/variance of the requirements or other legal relief is
granted by the ACHD Commission.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
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1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
Kinsley
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10 Kinsley
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway
and road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5) working days upon notification of required right of way
improvements by Highway entities, developers shall provide written notification to the affected
utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include
but not be limited to, project limits, scope of roadway improvements/project, anticipated
construction dates, and any portions critical to the right of way improvements and coordination
of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the
utility owners. Conference notification shall also be sent to the UCC. During the review meeting
the developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for e-mail notification information.
11 Kinsley
Development Process Checklist
Items Completed to Date:
®Submit a development application to a City or to Ada County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Section will receive the development application to review
®The Planning Review Section will do one of the following:
❑Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at
this time.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
❑Write a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
Items to be completed by Avolicant:
❑For ALL development applications, including those receiving a "No Review" letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-
way, including, but not limited to, driveway approaches, street improvements and utility cuts.
El Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER.'
Construction (Non -Subdivisions)
❑ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services & Traffic
Services). There is a one week turnaround for this approval.
❑ Working in the ACHD Right -of -Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACHD Construction — Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
❑ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre -Construction Meeting an Erosion & Sediment Control Narrative & Plan,
done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD
Stormwater Section.
❑ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being
scheduled.
❑ Final Approval from Development Services is required prior to scheduling a Pre -Con.
12 Kinsley
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.
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 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.
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