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PZ - ACHD CommentsKent Goldthorpe, President Paul Woods, Vice President Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim D. Hansen, Commissioner _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org February 22, 2016 To: Brad Miller Volante Investments, LLP 3084 E. Lanark Street Meridian, ID 83642 Representative: Matt Munger WH Pacific 3130 S. Owyhee Street Boise, ID 83642 Subject: MPP16-0005/ AZ-15-010/PP15-013/RZ-15-011 Swindell Subdivision This is a staff level approval of a preliminary plat for Swindell Subdivision. On February 23, 2009 the Ada County Highway District reviewed and approved this site as Fignut Subdivision (MAZ-08- 015/MAZ-08-009/MPP-08-012). The District had site specific requirements related to that application which also apply to the current application (see attached). The applicant will be required to pay all applicable platting and review fees prior to final approval. If you have any questions, please contact me at (208) 387-6178. Sincerely, Mindy Wallace, AICP Planner III Development Services cc: City of Meridian – Sonya Watters _____________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org 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 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. 1 Fignut Subdivision Right-of-Way & Development Services Department Committed to Service Project/File: Fignut Subdivision (MAZ-08-015, MRZ-08-009, MPP-08-012) This application is for annexation, rezone, and preliminary plat of 16.7 acres for a 6- lot commercial-industrial subdivision in Meridian, Idaho. Lead Agency: Meridian City Site address: NWC of Locust Grove Road & Overland Road Staff Approval: February 23, 2009 Applicant: Ronald Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 Representative: Matt Munger Munger Engineering, Inc. 4090 W. State Street, Suite 29 Boise, Idaho 83703 Staff Contact: Matt Edmond Phone: 387-6187 E-mail: medmond@achd.ada.id.us Tech Review: February 23, 2009 (via telephone) Application Information: Acreage: 16.7 Current Zoning: RUT (14.6 acres), C-G (2.1 acres) Proposed Zoning: I-L (12.7 acres), C-G (2.0 acres) A. Findings of Fact Existing Conditions 1. Site Information: There is one single family residence and out buildings on the site. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Interstate 84 N/A South Daycare, Fuel Station, Single Family Residential C-G, C-C, R-4 East Industrial Yard, RV Park C-G West Vacant Land, Church C-G, L-O 2 Fignut Subdivision 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site • Locust Grove Road is improved with four travel lanes, two left-turn lanes (77-feet of pavement), vertical curb, gutter, and 7-foot wide attached concrete sidewalk within 102-feet of right-of-way (54-feet from centerline) abutting the site. • Overland Road is improved with four travel lanes, a center turn lane (68-feet of pavement) with vertical curb, gutter, and 7-foot attached concrete sidewalk within 93-feet of right-of-way (48-feet from centerline) abutting the site. 4. Existing Access: The site has one defined access point onto Locust Grove Road, and two defined access points onto Overland Road. 5. Site History: The District has not previously reviewed any development applications involving this site. 6. Adjacent Development: A 30,000 square foot senior assisted living facility is in the approval process to be constructed at the southwest corner of Locust Grove and Overland Roads, to the south of the site. Development Impacts 7. Trip Generation: This development is estimated to generate approximately 960 additional vehicle trips per day, assuming a 20 percent floor-area-ratio with 12.7 acres of General Light Industrial and 2.0 acres of General Office use, according to 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. Current Condition of Area Roadways: * Acceptable level of service for a five-lane minor arterial is “E” (33,000 ADT). * Acceptable level of service for a five-lane principal arterial is “D” (37,000 ADT). 10. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP): • Overland Road is listed in the Capital Improvements Plan for corridor preservation to accommodate widening to 7 lanes from Meridian Road to Locust Grove Road. • There are no roads, bridges, or intersections in the vicinity of the site scheduled for improvement in the current Five Year Work Plan. B. Findings for Consideration 1. Locust Grove Road Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1B). 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). Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Locust Grove Road 194’ Minor Arterial 11,684 north of Overland 4/15/2008 Better than “C” 35 MPH Overland Road 228’ Principal Arterial 18,771 west of Locust Grove 3/4/2008 Better than “C” 40 MPH 3 Fignut Subdivision Applicant Proposal: The applicant is not proposing any additional right-of-way dedication or roadway improvements along Locust Grove Road abutting the site. Staff Recommendation: Locust Grove Road is already fully improved as a five-lane roadway with curb, gutter, and sidewalk, and it is not listed in the CIP for future widening, so no additional right-of-way dedication or frontage improvements are required with this application. The applicant will be required to close the existing curb cut onto Locust Grove Road and replace it with curb, gutter, and sidewalk to match existing improvements on either side. Additionally, this segment Locust Grove Road was constructed in 2007, and is subject to the District’s Five Year No Cut Moratorium. Therefore, no pavement cuts will be allowed before 2012 unless approved by the District’s Cut Committee. Contact Chuck Rinaldi at 387-6258 for more information. 2. Overland Road Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1B). 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). Applicant Proposal: The applicant is not proposing any additional right-of-way dedication or roadway improvements along Overland Road abutting the site. Staff Recommendation: The applicant should either dedicate 60-feet of right-of-way from the centerline of Overland Road, or 50-feet of right-of-way from the centerline of Overland Road and provide a 10-foot wide sidewalk and utility easement to accommodate the future widening of Overland Road to 7 lanes. Additionally, the applicant will be required to close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk to match existing improvements on either side. 3. Roadway Offsets 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). Applicant Proposal: The applicant is proposing to construct Bird Dog Drive to intersect with Locust Grove Road approximately 500-feet north of Overland Road; and Fignut Way to intersect with Overland Road approximately 600-feet west of Locust Grove Road and 180-feet east of Sportsman Way (measured centerline to centerline). Staff Recommendation: The applicant’s proposal for the location of the Bird Dog Drive intersection on Locust Grove Road meets District policy and should be approved, as proposed. Additionally, due to the grading of the Locust Grove overpass, it is not feasible to locate Bird Dog Drive any further north from the Locust Grove/Overland intersection. The proposed intersection location also aligns with an existing driveway on the east side of Locust Grove Road. The proposed location of the Fignut Way intersection on Overland Road meets the ACHD offset requirement (300-feet along an arterial) from Locust Grove Road, but not from Sportsman Way. Staff recommends a modification of policy to allow the applicant to locate the Fignut Way/Overland Road intersection as proposed. Although this location does not meet the required 300-foot offset from Sportsman Way, it maximizes the offset from Locust Grove Road, which is a signalized intersection. Shifting Fignut Way east to achieve a 300-foot offset from Sportsman Way would bring it within approximately 480-feet of Locust Grove Road, and increase the likelihood that the traffic queue on Overland Road could extend to Fignut Way. 4 Fignut Subdivision 4. Internal Streets Commercial/Industrial Roadways: District policy requires 54-feet of right-of-way on industrial/commercial roadways (Figure 72-F1B). This right-of-way allows for the construction of a 3-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. Applicant Proposal: The applicant is proposing to construct Bird Dog Drive and Fignut Way as 40-foot industrial street sections with vertical curb, gutter, and 5-foot wide attached concrete sidewalk on both sides. Staff Recommendation: The applicant’s proposal for internal streets meets District policy and should be approved, as proposed. 5. 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 Offset Policy (Signalized): 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 a right-in/right-out only driveway. Driveway Offset Policy (Stop-Controlled): District policy 72-F4 (2) requires driveways located on arterial roadways near a stop controlled intersection to be located a minimum of 220-feet from the intersection for a full-access driveway and a minimum of 150-feet from the intersection for a right-in/right-out only driveway. Commercial Driveway Policy: 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 Policy: 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. Applicant Proposal: The applicant is proposing to utilize an existing, shared driveway that intersects Locust Grove Road approximately 215-feet north of Overland Road. The applicant is not proposing any specific driveway approaches onto Bird Dog Drive or Fignut Way. Staff Comment/Recommendation: District staff previously approved the existing driveway for the fuel station and convenience store south of the site, with the condition that it eventually be restricted to right-in/right-out ONLY. This driveway may be restricted to right-in/right-out ONLY at any time in the future at the sole discretion of ACHD. The applicant will be required to submit a driveway approach request for subsequent approaches onto either Bird Dog Drive or Fignut Way. 6. 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 5 Fignut Subdivision 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. 7. Tree Planters Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8- feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 8. Other Access Locust Grove Road and Overland Road are classified as arterial roadways. Other than the access specifically approved with this application, direct lot access to these roadways is prohibited, and should be noted on the final plat. 9. Note to Meridian City District staff recommends that Meridian City require a cross-access easement to allow the parcel to the southeast (currently occupied by the Maverick Store) to access either Bird Dog Drive or Fignut Way through the site, due to the fact that the existing access points available to this parcel may be restricted to right-in/right-out ONLY in the future. C. Site Specific Conditions of Approval 1. Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk to match existing improvements on either side. 2. Either dedicate 60-feet of right-of-way from the centerline of Overland Road, OR dedicate 50-feet of right-of-way from the centerline of Overland Road and provide a 10-foot wide sidewalk easement abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 3. Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk to match existing improvements on either side. 4. Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500-feet north of Overland Road (measured centerline to centerline). 5. Construct the Fignut Way to intersect Overland Road located approximately 600-feet west of Locust Grove Road (measured centerline to centerline). 6. Construct Bird Dog Drive and Fignut Way as 40-foot commercial/industrial street sections with vertical curb, gutter, and 5-foot wide attached concrete sidewalk on both sides. 7. Other than access specifically approved with this application, direct lot access to Locust Grove Road and Overland Road is prohibited, and shall be noted on the final plat 8. Comply with all Standard Conditions of Approval. 6 Fignut Subdivision D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District’s Tree Planter 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. 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 is 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 ACHD 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. 7 Fignut Subdivision E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines Vicinity Map 8 Fignut Subdivision Site Plan 9 Fignut Subdivision 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. 10 Fignut Subdivision 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 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-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction – Subdivision to be reviewed and approved by the ACHD Drainage Division. Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. Final Approval from Development Services ACHD Construction – Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 11 Fignut Subdivision 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. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the 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.