PZ - ACHD Comments
1 Stonesthrow Subdivision/ MPP15-0010
Development Services Department
Project/File: Stonesthrow Subdivision/ MPP15-0010/AZ15-005/PP15-006/CUP15-009
This is an annexation, rezone, preliminary plat, and conditional use permit consisting
of 35 building lots (140 dwelling units), and 6 common lots on 9.22 acres. The site is
located ¼ mile south of Fairview Avenue and on the west side of Mount Hood
Avenue in Meridian, Idaho.
Lead Agency: City of Meridian
Site address: ¼ mile south of Fairview, west side
of Mount Hood Avenue
Staff Approval: May 29, 2015
Applicant: Steve Arnold
1785 S. Whisper Cove
Boise, ID 83709
Representative: Same as above
Staff Contact: Mindy Wallace
Phone: 387-6178
E-mail: mwallace@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of an annexation, rezone,
preliminary plat, and conditional use permit applications consisting of 35 building lots (140
dwelling units), and 6 common lots on 9.22 acres. The site is located ¼ mile south of Fairview
Avenue and on the west side of Mount Hood Avenue in Meridian, Idaho.
The applicant’s proposal is consistent with the City of Meridian’s Future Land Use Map which calls
for High Density Residential on the site.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Wal-Mart C-C
South Single family residential R-8
East Single family residential RUT (Boise City)
West Single family residential R-4
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
2 Stonesthrow Subdivision/ MPP15-0010
• White Cloud Subdivision, consisting of a 160 lot mixed residential development located
directly east of the site was approved by ACHD on February 15, 2015.
5. Transit: Transit services are not available to serve this site.
6. New Center Lane Miles: 0.11miles
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):
• Cloverdale Road is scheduled in the IFYW P to be widened to 5-lanes from to Franklin Road
Fairview Avenue in 2017.
• Fairview Avenue is listed in the Capital Improvements Plan to be widened to 7-lanes from Eagle
Road to Cloverdale Road between 2022 and 2026.
• Fairview Avenue is listed in the Capital Improvements Plan to be widened to 7-lanes from
Cloverdale Road to Five Mile Road between 2027 and 2031.
• The intersection of Fairview Avenue and Cloverdale Road is listed in the Capital
Improvements Plan to be widened to 6-lanes on the north leg, 6-lanes on the south, 9-lanes
east, and 9-lanes on the west leg between 2017 and 2021.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 931 additional vehicle trips per day;
87 additional vehicle trips per hour in the PM peak hour, based on the traffic impact study.
2. Traffic Impact Study
Six Mile Engineering prepared a trip distribution analysis for Stonesthrow Subdivision. ACHD
Traffic Services and Planning Review staff have reviewed and agree with the trip distribution
provided in the analysis. A summary of the findings are below.
This development is estimated to generate approximately 931 vehicle trips per day with 70 trips
occurring the AM peak hour and 87 during the PM peak hour. The applicant’s engineer assumes
that there may be an additional 233 vehicle trips per day, 22 in the PM peak hour on Venture
Street, 186 additional vehicle trips, 13 in the PM peak hour on Florence, and 326 vehicle trips, 33
in the pm peak hour, which will go out to Cloverdale Road via the construction of a new public
street which is to be constructed as part of White Cloud Subdivision east of the site. All of the
existing local streets will operate within ACHD’s acceptable level of service thresholds for local
streets, which is 2,000 vehicle trips per day.
3 Stonesthrow Subdivision/ MPP15-0010
Trip Distribution - Percent
4 Stonesthrow Subdivision/ MPP15-0010
Trip Distribution
5 Stonesthrow Subdivision/ MPP15-0010
3. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a five-lane principal arterial is “E” (1,770 VPH).
* Acceptable level of service for a five-lane minor arterial is “D” (1,540 VPH).
4. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD’s most current traffic counts.
• The average daily traffic count for Fairview Avenue west of Cloverdale Road was 30,014
on 1/19/15.
• The average daily traffic count for Cloverdale Road south of Fairview Avenue was
15,540 on 1/19/15.
• The average daily traffic count for Records Avenue south of Fairview Avenue was 1,652
on 8/6/14.
• The average daily traffic count for Florence Drive west of Records Avenue was 505 on
5/13/14.
• The average daily traffic count for Mount Hood Avenue north of English was 460 on
4/16/13.
C. Findings for Consideration
1. Local Roadways (Florence, Mount Hood, & Venture)
a. Existing Conditions: There are 2 local roads adjacent to the site, Venture Street and Mount
Hood Avenue. Both roadways are improved with 30-feet of pavement and no curb, gutter or
sidewalk abutting the site. The roadways are improved with curb, gutter, and 5-foot wide
attached concrete sidewalks across from the site. There is 50-feet of right-of-way for both
Venture and Mount Hood (25-feet from centerline).
Florence Drive stubs to the sites east property line and is improved with 36-feet of pavement,
curb, gutter, and 5-foot wide attached concrete sidewalks within 50-feet of right-of-way (25-
feet from centerline).
Roadway Frontage Functional
Classification
PM Peak
Hour
Traffic Count
PM Peak
Hour Level
of Service
Existing
Plus
Project
Fairview
Avenue N/A Principal
Arterial 1,520 Better than
“E”
Better
than “E”
Cloverdale
Road N/A Minor Arterial 811 Better than
“D”
Better
than “D”
Records
Avenue N/A Local 69 N/A N/A
Venture Street
500-feet Local N/A N/A N/A
Florence
Drive 50-feet Local 32 N/A N/A
Mount Hood
Avenue 350-feet Local 23 N/A N/A
6 Stonesthrow Subdivision/ MPP15-0010
b. Policy:
Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local street frontages adjacent to the site regardless of whether or not access is
taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way
widths for all local streets shall generally not be less than 50-feet wide and that the standard
street section shall be 36-feet (back-of-curb to back-of-curb). The District will consider the
utilization of a street width less than 36-feet with written fire department approval.
Standard Urban Local Street—36-foot to 33-foot Street Section and Right-of-way Policy:
District Policy 7207.5.2 states that the standard street section shall be 36-feet (back-of-curb to
back-of-curb) for developments with any buildable lot that is less than 1 acre in size. This
street section shall include curb, gutter, and minimum 5-foot concrete sidewalks on both sides
and shall typically be within 50-feet of right-of-way.
The District will also consider the utilization of a street width less than 36-feet with written fire
department approval. Most often this width is a 33-foot street section (back-of-curb to back-
of -curb) for developments with any buildable lot that is less than 1 acre in size.
Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a
street in an approved preliminary plat, which ends at a boundary of a proposed development
shall be extended in that development. The extension shall include provisions for continuation
of storm drainage facilities. Benefits of connectivity include but are not limited to the following:
• Reduces vehicle miles traveled.
• Increases pedestrian and bicycle connectivity.
• Increases access for emergency services.
• Reduces need for additional access points to the arterial street system
• Promotes the efficient delivery of services including trash, mail and deliveries.
• Promotes appropriate intra-neighborhood traffic circulation to schools, parks,
neighborhood commercial centers, transit stops, etc.
• Promotes orderly development.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some
local jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District’s Tree Planting Policy. If no trees are to be planted in the
parkway strip, the applicant may submit a request to the District, with justification, to reduce
the width of the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
7 Stonesthrow Subdivision/ MPP15-0010
c. Applicant’s Proposal: The applicant is proposing to complete Venture Street and Mount
Hood Avenue as 36-foot street sections with vertical curb, gutter, and 5-foot wide attached
concrete sidewalks within the existing right-of-way.
The applicant is proposing to extend Florence Drive east through the site tying into Venture
Street as a 36-foot street section with vertical curb, gutter, and 5-foot wide detached concrete
sidewalks within 50-feet of right-of-way. The applicant is proposing to construct 2 bulb-outs
onto Florence Drive.
d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and
should be approved, as proposed. The bulb-outs should be designed to provide a minimum of
24-feet of pavement curb to curb. The applicant should be required to provide written fire
department approval for the bulb-outs.
The applicant’s proposal to extend Florence into the site and tying into Venture provides
greater connectivity not only for the site, but for the entire area decreasing vehicle trips onto
arterial roadways and providing connectivity between neighborhoods for service vehicles,
school buses, etc. The bulb-outs proposed to be constructed by the applicant should provide
traffic calming and keep speeds down, and the submitted trip distribution analysis shows that
the extension of Florence Drive will not significantly increase traffic on the existing local street
network in the area, as all area local streets will operate within ACHD’s acceptable level of
service thresholds for local streets, which is 2,000 vehicle trips per day, as noted in Finding B
2 above.
2. Driveways
2.1 Florence and Mount Hood
a. Existing Conditions: There are no driveways within the site.
b. Policy:
Driveway Location Policy: District policy 7207.4.1 requires driveways located near
intersections to be located a minimum of 75-feet (measured centerline-to-centerline) from the
nearest street intersection.
Successive Driveways: District Policy 7207.4.1 states that successive driveways away from
an intersection shall have no minimum spacing requirements for access points along a local
street, but the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required,
residential driveways shall be restricted to a maximum width of 20-feet and may be constructed
as curb-cut type driveways.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7207.4.3, the applicant should be required to pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway.
c. Applicant’s Proposal: The applicant has proposed to construct 5 driveways onto Florence
Drive and one driveway onto Mount Hood Avenue. The driveways are proposed to be located,
as follows:
• Two 24-foot wide driveways onto Florence Drive (north and south sides), located
approximately 125-feet east of the west property line.
• One 28-foot wide driveway onto Florence Drive, located approximately 250-feet east of
the west property line.
• One 28-foot wide driveway onto Florence Drive, located approximately 340-feet east of
the west property line.
8 Stonesthrow Subdivision/ MPP15-0010
• One 28-foot wide driveway onto Florence Drive, located approximately 455-feet east of
the west property line.
• One 28-foot wide driveway onto Mount Hood Avenue, located approximately 200-feet
north of the south property line.
d. Staff Comments/Recommendations: The applicant’s proposal meets District policy and
should be approved, as proposed. The applicant should be required to pave all of the
driveways their full width at least 30-feet into the site beyond the edge of pavement of Florence
Drive or Mount Hood Avenue.
3. 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.
4. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public
storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision
triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot
height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset
from stop signs. Landscape plans are required with the submittal of civil plans and must meet all
District requirements prior to signature of the final plat and/or approval of the civil plans.
D. Special Recommendation to the Applicant and the City
of Meridian
To benefit the area, improve site circulation, and to reduce the amount of traffic on Florence due
to neighborhood shopping trips, staff recommends that the applicant work with Wal-Mart to install
a driveway from Venture Street to the existing Wal-Mart north of the site. ACHD would pay for the
design and the construction of the driveway if an agreement with Wal-Mart could be made, as the
driveway would provide direct access to shopping reducing vehicle trips on area residential
streets.
E. Site Specific Conditions of Approval
1. Complete Venture Street and Mount Hood Avenue as 36-foot street sections with vertical curb,
gutter, and 5-foot wide attached concrete sidewalks within the existing right-of-way, as proposed.
2. Extend Florence Drive east through the site tying into Venture Street as a 36-foot street section
with vertical curb, gutter, and 5-foot wide detached concrete sidewalks within 50-feet of right-of-
way. Provide a permanent right-of-way easement if public sidewalks are placed outside of the
dedicated right-of-way.
3. Construct 2 bulb-outs providing a minimum width of 24-feet of pavement curb to curb on Florence
Drive, as proposed. Provide written fire department approval for the use of the bulb-outs.
4. Construct 5 driveways onto Florence Drive and one driveway onto Mount Hood Avenue, as noted
below. Pave all of the driveways their full width at least 30-feet into the site beyond the edge of
pavement of Florence Drive and Mount Hood Avenue.
• Two 24-foot wide driveways onto Florence Drive (north and south sides), located
approximately 125-feet east of the west property line.
9 Stonesthrow Subdivision/ MPP15-0010
• One 28-foot wide driveway onto Florence Drive, located approximately 250-feet east of
the west property line.
• One 28-foot wide driveway onto Florence Drive, located approximately 340-feet east of
the west property line.
• One 28-foot wide driveway onto Florence Drive, located approximately 455-feet east of
the west property line.
• One 28-foot wide driveway onto Mount Hood Avenue, located approximately 200-feet
north of the south property line.
5. If an agreement can be made with Wal-Mart, coordinate the construction of a driveway from
Venture Street to the existing Wal-Mart located north of the site. ACHD will be responsible for the
design and construction of the driveway.
6. Payment of impacts fees are due prior to issuance of a building permit.
7. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of -way (including
all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-
of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant’s engineer should provide
documentation of ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of -way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
10 Stonesthrow Subdivision/ MPP15-0010
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
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines
11 Stonesthrow Subdivision/ MPP15-0010
VICINITY MAP
12 Stonesthrow Subdivision/ MPP15-0010
SITE PLAN
13 Stonesthrow Subdivision/ MPP15-0010
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.
14 Stonesthrow Subdivision/ MPP15-0010
Development Process Checklist
Items Completed to Date:
Submit a development application to a City or to Ada County
The City or the County will transmit the development application to ACHD
The ACHD Planning Review Section will receive the development application to review
The Planning Review Section will do one of the following:
Send a “No Review” letter to the applicant stating that there are no site specific conditions of approval at
this time.
Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
Write a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
Items to be completed by Applicant:
For ALL development applications, including those receiving a “No Review” letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-
way, including, but not limited to, driveway approaches, street improvements and utility cuts.
Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Non-Subdivisions)
Driveway or Property Approach(s)
• Submit a “Driveway Approach Request” form to ACHD Construction (for approval by Development Services & Traffic
Services). There is a one week turnaround for this approval.
Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a “Temporary Highway Use Permit
Application” to ACHD Construction – Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50’ or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
Sediment & Erosion Submittal
• At least one week prior to setting up a Pre-Construction Meeting an Erosion & Sediment Control Narrative & Plan,
done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD
Stormwater Section.
Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
Final Approval from Development Services is required prior to scheduling a Pre-Con.
15 Stonesthrow Subdivision/ MPP15-0010
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the Development Services Manager when it is alleged that the
Development Services Manager did not properly apply this section 7101.6, did not consider all
of the relevant facts presented, made an error of fact or law, abused discretion or acted
arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the
Secretary 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 Development Services Manager shall have ten (10) working
days from the date of the filing of the notice of appeal to reply to the notice of the
appeal, and may during such time meet with the appellant to discuss the matter, and
may also consider and/or modify the decision that is being appealed. A copy of the
reply and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the
appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant of the
Development Services Manager’s reply to the notice of appeal. A copy of the
decision being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision
being appealed, as such action is adequately supported by the law and evidence
presented at the hearing.