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ACHD ReportPaul Woods, President Rebecca W. Arnold, Vice President Sara M. Baker, Commissioner Jim D. Hansen, Commissioner Kent Goldthorpe, Commissioner ______________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us April 24, 2017 To: S3 Investment LP, via email, via email 1937 S. Roosevelt Street Boise, ID 83705 Subject: MER16-0076/ A-2017-0061 1770 S. Linder Road Linder Road Apartments On October 14, 2016, the Ada County Highway District approved H-2016-0111 for annexation, rezone, and conditional use permit for Linder Road Apartments. The site specific conditions of approval also apply to A-2017-0061. If you have any questions, please feel free to contact me at (208) 387-6218. Sincerely, Dawn Battles Planner Development Services cc: City of Meridian, via email Kent Brown Planning Services, via email 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).Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 2. In accordance with District policy, 7203.6, 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. 3. 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. 4. 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. 5. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6. 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. 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. 8. 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. 9. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 10. 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. 11. 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. 1 Linder Road Apartments/ MER16-0076/ H-2016-0111 Development Services Department Project/File: Linder Road Apartments/ MER16-0076/ H-2016-0111 This is an annexation, rezone, and conditional use permit to construct a 64-unit multi- family development on 4.4-acres. Lead Agency: City of Meridian Site address: 1770 S Linder Road Staff Approval: October 14, 2016 Applicant: S3 Investments, LP Steven Schmidt 1937 S Roosevelt Street Boise, ID 83705 Representative: Kent Brown Planning Services 3161 E Springwood Drive Meridian, ID 83642 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 of an annexation with rezone from RUT (Rural Urban Transition) to R-15 (Medium high density residential), and a conditional use permit to construct a 64-unit multi-family development on 4.4-acres. The City of Meridian’s comprehensive plan designates this area as medium density residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Rural Urban Transition (Ada County) RUT South Medium density residential R-8 East Medium density residential R-8 West Community Business C-C 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: • Southridge Subdivision, a mixed use development on 290-acres is located directly west of the site, is in various phases of development, and was approved by ACHD on September 12, 2007. 2 Linder Road Apartments/ MER16-0076/ H-2016-0111 • Fallcreek Subdivision, a 296 residential lot development, located directly south of the site, is in various phases of development, and was approved by ACHD on March 6, 2013. • Fall Creek Meadows, a 95 residential lot development, located directly south of the site, a portion of this site was part of the Fallcreek subdivision above, was approved by ACHD on March 15, 2016. 5. Transit: Transit services are not available to serve this site. 6. New Center Lane Miles: There are no 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 Integrated Five Year Work Plan (IFYWP). • Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Victory Road to Overland Road between 2021 and 2025. • Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Overland Road to Franklin Road between 2031 and 2035. • The intersection of Overland Road and Linder Road is listed in the CIP to be widened to 5- lanes on the north leg, 5-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and signalized between 2031 and 2035. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 426 additional vehicle trips per day; 40 additional vehicle trips per hour in the PM peak hour, 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 five-lane principal arterial is “E” (1,770 VPH). * Acceptable level of service for a two-lane minor arterial is “D” (550 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 Overland Road east of Linder Road was 11,018 on 6/5/2014. • The average daily traffic count for Linder Road south of Overland Road was 1,368 on 3/29/2011. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project Overland Road 0-feet Principal Arterial 762 Better than “E” Better than “E” Linder Road 161-feet Minor Arterial 104 Better than “D” Better than “D” 3 Linder Road Apartments/ MER16-0076/ H-2016-0111 C. Findings for Consideration 1. Linder Road a. Existing Conditions: Linder Road is improved with 2-travel lanes, and no curb, gutter or sidewalk abutting the site. There is 80-feet of right-of-way for Linder Road (25-feet from centerline). 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. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial 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- 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. 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). 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 Linder Road is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 71-foot street section within 97-feet of right-of-way. 4 Linder Road Apartments/ MER16-0076/ H-2016-0111 c. Applicant Proposal: The applicant is proposing to construct Linder Road with curb, gutter, and 7-foot wide attached sidewalk, within the existing right-of-way, abutting the site. d. Staff Comments/Recommendations: The applicant’s proposal does not meet District policy and should not be approved, as proposed. The applicant should be required to dedicate additional 23-feet of right-of-way to total 48-feet of right-of-way from centerline of Linder Road abutting the site. Right-of -way dedication is impact fee eligible for compensation. The applicant should be required to construct a detached 5-foot wide concrete sidewalk located minimum 42-feet from centerline of Linder Road (measured from near edge of sidewalk) abutting the site. The applicant should provide the District with a permanent right-of-way easement for any sidewalk located outside of the right-of-way. The applicant should be required to widen the pavement to minimum 17-feet from centerline, plus a 3-foot wide gravel shoulder along Linder Road abutting the entire site. 2. Driveways Linder Road a. Existing Conditions: There are 2 residential driveways and 1 agricultural driveway onto Linder Road from the site. 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 f rom 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 1a 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. Successive Driveways: District policy 7205.4.6 Table 1a, requires driveways located on minor arterial roadways with a speed limit of 50 MPH to align or offset a minimum of 425-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 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, 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. 5 Linder Road Apartments/ MER16-0076/ H-2016-0111 c. Applicant’s Proposal: The applicant is proposing to construct a full access 25-foot wide driveway, located 418-feet south of Overland Drive and 196-feet north of Spanish Sun Way, onto Linder Road from the site. d. Staff Comments/Recommendations: The applicant's proposal does not meet District Successive Driveway and Driveway Location policies and should not be approved, as proposed. The driveway is located too close to the Linder Road/Overland Road signalized intersection, and too close to the Linder Road/Spanish Sun Way intersection. However, staff recommends a modification of policy to allow the driveway to be located as proposed, but restricted to right-in/right-out with the installation of a raised 6-inch median. Staff’s recommendation is due to the fact that there is not enough frontage to meet District policies, and there is no access to a lesser classified road; as well as the speed limit on Linder Road may be reduced to 40 MPH when the road is improved or volumes warrant. The applicant should coordinate the location and installation of the median with District Development Review and Traffic Services staff. This modification is approved at the acting Deputy Director/ Manager’s discretion. To obtain full access to the site, the applicant could work with the adjacent property owner to the south to acquire property to align a driveway with Spanish Sun Way on the east side of Linder Road. Or, the applicant could work with the adjacent property owner(s) to the north to acquire access on to Overland Road. 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 Linder Road from the site. 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. 5. Other Access Linder Road is classified as a minor arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway. D. Site Specific Conditions of Approval 1. Dedicate additional 23-feet of right-of-way to total 48-feet of right-of-way from centerline of Linder Road abutting the site. 2. Construct a detached 5-foot wide concrete sidewalk located minimum 42-feet from centerline of Linder Road abutting the site. 3. Provide the District with a permanent right-of-way easement for any sidewalk located outside of the right-of-way. 6 Linder Road Apartments/ MER16-0076/ H-2016-0111 4. Widen the pavement to minimum 17-feet from centerline, plus a 3-foot wide gravel shoulder along Linder Road abutting the entire site. 5. Construct a 25-foot wide curb return driveway and raised 6-inch median to restrict to right-in/right- out, located 418-feet south of Overland Drive and 196-feet north of Spanish Sun Way, onto Linder Road from the site. 6. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway from Linder Road. 7. Payment of impacts fees are due prior to issuance of a building permit. 8. 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. 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. 7 Linder Road Apartments/ MER16-0076/ H-2016-0111 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 Linder Road Apartments/ MER16-0076/ H-2016-0111 VICINITY MAP 9 Linder Road Apartments/ MER16-0076/ H-2016-0111 SITE PLAN 10 Linder Road Apartments/ MER16-0076/ H-2016-0111 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 Linder Road Apartments/ MER16-0076/ H-2016-0111 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 Linder Road Apartments/ MER16-0076/ H-2016-0111 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.