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PZ - ACHD Comments ___________________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achdidaho.org Jim Hansen, President Sara M. Baker, Vice President Rebecca W. Arnold, Commissioner Kent Goldthorpe, Commissioner Paul Woods, Commissioner Date: December 1, 2015 (Via email) To: Brighton Investments, LLC Michael D Wardle 12601 E Explorer, #200 Boise, ID 83713 Subject: Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 Southeast corner of Fox Run Way and SH-20/26/Chinden Boulevard On December 1, 2015 the Ada County Highway District staff acted on your application for the above referenced project. 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) 387-6171. Sincerely, Stacey Yarrington Planner III Development Services Ada County Highway District CC: Project file City of Meridian (via email) 1 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 Development Services Department Project/File: Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 This is a conditional use permit to construct a 56,543 square foot residential care facility consisting of 73 units with a maximum of 88 beds, located on 12.7-acres. The site is located on the southeast corner of Fox Run Way and SH-20/26/Chinden Boulevard, in Meridian, Idaho. Lead Agency: City of Meridian Site address: SEC Fox Run Way and SH-20/26 /Chinden Boulevard Staff Approval: December 1, 2015 Applicant: Brighton Investments, LLC 12601 E Explorer #200 Boise, ID 83713 Representative: Brighton Investments, LLC Michael D Wardle 12601 E Explorer #200 Boise, ID 83713 Staff Contact: Stacey Yarrington Phone: 387-6171 E-mail: syarrington@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval for a conditional use permit to construct a 56,543 square foot residential care facility consisting of 73 units with a maximum of 88 beds, located on 12.7-acres. The property is currently zoned C-C (Community Business District) and is consistent with the City of Meridian’s comprehensive plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Estate Residential (Ada County), Mixed Use (City of Eagle) R1, MU-DA South Traditional Neighborhood Center, Medium-density Residential TN-C, R-8 East Traditional Neighborhood Center (City of Meridian) TN-C West Community Business District C-C 3. Site History: ACHD Commission previously reviewed this site as Paramount Subdivision/ MCUP03-008/ MAZ03-006 in March 2003. The requirements of this staff report are consistent with those of the prior action. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: 2 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 • Paramount Subdivision is in various phases of development directly south of the site. • Ashbury Subdivision is in various phases of development directly north of the site. • Reynard Subdivision is in various phases of development northwest of the site. 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: There are 0.12 new centerline miles of public roadway associated with this project. 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): There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the IFYWP. • Meridian Road is listed in the CIP to be widened to 3-lanes from McMillan Road to SH-20/26/ Chinden Boulevard between 2022 and 2026. • Meridian Road is listed in the CIP to be widened to 3-lanes from Ustick Road to McMillan Road between 2017 and 2021. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 241 additional vehicle trips per day (0 existing); 26 additional vehicle trips per hour in the PM peak hour (0 existing), based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a two-lane minor arterial is “D” (550 VPH). * Acceptable level of service for a two-lane collector is “D” (425 VPH). ** ACHD does not set level of service thresholds for State Highways. 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 SH-20/26 /Chinden Boulevard east of Linder Road was 19,570 on 3/26/2014. • The average daily traffic count for Meridian Road north of SH-20/26 /Chinden Boulevard was 836 on 2/15/2015. • The average daily traffic count for Fox Run Way south of SH-20/26 /Chinden Boulevard was 1,822 on 4/24/2014. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project **State Highway Road Name 400-feet Expressway 1,016 N/A N/A Meridian Road 0-feet Minor Arterial 37 Better than “D” Better than “D” Fox Run Way 660-feet Collector 82 Better than “D” Better than “D” 3 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 C. Findings for Consideration 1. State Highway SH-20/26 /Chinden Boulevard SH-20/26 /Chinden Boulevard is under the jurisdiction of the Idaho Transportation Department (ITD). The applicant, City of Meridian, and ITD should work together to determine if additional right-of-way or improvements are necessary on SH-20/26 /Chinden Boulevard. Staff Comments/Recommendations: Comply with requirements of ITD and City of Meridian for the US-20/26/ Chinden Boulevard frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 2. Fox Way Run a. Existing Conditions: Fox Way Run is improved with 2-travel lanes, vertical curb, gutter, and 4-foot wide sidewalk abutting the site. There is 60-feet of right-of-way for Fox Way Run (30- feet from centerline). b. Policy: Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for improving all collector frontages adjacent to the site or internal to the development as required below, regardless of whether access is taken to all of the adjacent streets. Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector street is designated with a typology on the Master Street Map, that typology shall be considered for the required street improvements. If there is no typology listed in the Master Street Map, then standard street sections shall serve as the default. Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location and width of the sidewalk and the location and use of the roadway. The right-of-way width may be reduced, with District approval, if the sidewalk is located within an easement; in which case the District will require a minimum right-of-way width that extends 2-feet behind the back-of-curb on each side. The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically accommodates a single travel lane in each direction, a continuous center left -turn lane, and bike lanes. Residential Collector Policy: District policy 7206.5.2 states that the standard street section for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalks at least 5-feet wide to be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. 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- 4 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 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. 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, collector street requirements, and specific roadway features required through development. This segment of Fox Way Run is designated in the MSM as a Residential Collector with 2-lanes and on-street bike lanes, a 47-foot street section within 69-feet of right-of-way. c. Applicant Proposal: The applicant is not proposing any improvements to Fox Run Way abutting the site. d. Staff Comments/Recommendations: Fox Run Way is fully-improved and meets the requirements for a Residential Collector; therefore, no additional right-of-way should be required with this application. However, Section 7206.5.6 requires sidewalks to be at least 5-feet wide to meet current ADA standards. Many agencies and private organizations do not provide guidelines for passing space or passing space intervals. Those that do provide guidelines to concur with ADAAG Section 4.3.4, which specifies that accessible routes with less than 1.525 m (60 in) of clear width must provide passing spaces at least 1.525 m (60 in) wide at reasonable intervals not exceeding 61 m (200 feet). If turning or maneuvering is necessary, a turning space of 1.525 m x 1.525 m (60 in x 60 in) should be provided (ADAAG, U.S. Access Board, 1991). Therefore, the applicant should be required to reconstruct the sidewalk to be 5-feet in width or provide 5’ X 5’ turnout areas every 200 feet from the north end of Fox Run Way to the south property line abutting the site to meet ADA standards. 3. Driveways 3.1 Fox Run Way a. Existing Conditions: There is an existing 20-foot wide driveway onto Fox Run Way from the site. b. Policy: Access 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. District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Driveway Location Policy (Signalized Intersection): District policy 7206.4.3 requires driveways located on collector roadways near a signalized intersection to be located outside the area of influence; OR a minimum of 440-feet from the signalized intersection for a full- access driveway and a minimum of 220-feet from the signalized intersection for a right- 5 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 in/right-out only driveway. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway Successive Drivew ays: District policy 7206.4.5 Table 1, requires driveways located on collector roadways with a speed limit of 20 MPH and daily traffic volumes greater than 200 VTD to align or offset a minimum of 245-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7206.4.6, 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 7206.4.6. 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. c. Applicant’s Proposal: The applicant is proposing to construct one new 25-foot wide driveway located approximately 340-feet south of SH-20/26 /Chinden Boulevard; and reconstruct the existing driveway to 34-feet wide, located approximately 660-feet south of SH- 20/26 /Chinden Boulevard, onto Fox Run Way from the site. d. Staff Comments/Recommendations: The applicant’s proposal to construct one new 25-foot wide driveway located approximately 340-feet south of SH-20/26 /Chinden Boulevard does not meet District Driveway Location policy because it is not located a minimum of 440-feet from the signalized intersection. However, staff recommends approval of the driveway as it is located outside of the area of influence of the intersection; and the driveway is necessary to provide circulation through the site. This modification requires a 23% modification and is approved by staff at the discretion of the Manager. The northerly driveway may be restricted to right-in/right-out in the future due to its proximity to the signal. The applicant’s proposal to reconstruct the existing 20-foot wide driveway to 34-feet wide, located approximately 660-feet south of SH-20/26 /Chinden Boulevard, onto Fox Run Way from the site meets District policy and should be approved, as proposed. The applicant should be required to pave the driveways their full length and at least 30-feet into the site beyond the edge of pavement of the existing roadway. 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 6 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 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 SH-20/26/Chinden Boulevard is classified as principal arterial roadway, and Fox Run Way is classified as collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways. D. Site Specific Conditions of Approval 1. Reconstruct the sidewalk on Fox Run Way to be 5-feet in width or provide 5’ X 5’ turnout areas every 200 feet to meet ADA standards. 2. Construct one new 25-foot wide driveway located approximately 340-feet south of SH-20/26 /Chinden Boulevard; and reconstruct the existing driveway to 34-feet wide, located approximately 660-feet south of SH-20/26 /Chinden Boulevard, onto Fox Run Way from the site. 3. Construct the 2 driveways as curb returns, and pave the driveways their full length and at least 30-feet into the site beyond the edge of pavement of the existing roadway. The northerly driveway may be restricted to right-in/right-out in the future due to its proximity to the signal. 4. Payment of impacts fees are due prior to issuance of a building permit. 5. 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. 7 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 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 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 8 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 VICINITY MAP 9 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 SITE PLAN 10 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 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 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 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. 12 Paramount Northeast Assisted Living/ MER15-0114/ H-2015-0008/H-2015-0022 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.