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2020-04-07 ACHD Staff Report   1 The Landing 13 / MPP20-0005 / H-2020-0005 Development Services Department Project/File: The Landing 13 / MPP20-0005 / H-2020-0005 This is a preliminary plat application to allow for the development of a residential subdivision consisting of 15 buildable lots and 2 common lots on 2.3 acres. Lead Agency: City of Meridian Site address: 660 S. Linder Road Staff Approval: April 7, 2020 Applicant: Jim Jewett 776 E. Riverside Drive Suite 204 Eagle, ID 83616 Staff Contact: Austin Miller Phone: (208) 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting preliminary plat approval for the development of a residential subdivision consisting of 15 buildable lots and 2 common lots on 2.3 acres. The site is currently zoned R4 and the proposed use is consistent with the City of Meridian’s comprehensive plan designation of medium density residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Medium Density Residential District R8 South Medium Low-Density Residential District R4 East Medium Low-Density Residential District R4 West Medium Density Residential District R8 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are not available to serve this site. 5. New Center Lane Miles: The proposed development includes 0.02 centerline miles of new public road. 6. 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. The impact fee assessment will not be released until the civil pl ans are approved by ACHD. 7. Capital Improvements Plan (CIP) / Integrated Five Year Work Plan (IFYWP): • Linder Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Overland Road between 2031 and 2035. 2 The Landing 13 / MPP20-0005 / H-2020-0005 • The intersection of Franklin Road and Linder Road is listed in the CIP to be widened to 6- lanes on the north leg, 6-lanes on the south, 7-lanes east, and 7-lanes on the west leg, and signalized between 2021 and 2025. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 132 additional vehicle trips per day (9 existing); 14 additional vehicle trips per hour in the PM peak hour (1 existing), based on the Institute of Transportation Eng ineers Trip Generation Manual, 10th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a two -lane principal arterial is “E” (690 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 Linder Road south of Franklin Road was 7,883 on May 9, 2018. • The average daily traffic count for Gander Drive east of Linder Road was 610 on August 9, 2012. C. Findings for Consideration 1. Linder Road a. Existing Conditions: Linder Road is improved with 2-travel lanes (26-feet of pavement), vertical curb, gutter, and 5-foot wide attached concrete sidewalk abutting the site. The right-of- way for Linder Road varies from 63-feet to 73-feet abutting the site (22-feet from section line). There is an existing 15-foot wide curb cut type driveway located 100 -feet north of the south property line. 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 s houlder 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 Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Linder Road 332-feet Principal Arterial 410 Better than “E” Gander Drive None Local 29 N/A 3 The Landing 13 / MPP20-0005 / H-2020-0005 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 side walk 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 a djacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed out side 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). Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Linder Road is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 72-foot street section within 96-feet of right-of-way. c. Applicant Proposal: The applicant is proposing to dedicate right -of-way to total 48-feet from section line abutting the site. The applicant is not proposing improvements to Linder Road abutting the site. d. Staff Comments/Recommendations: Linder Road is not centered on the section line abutting the site. The centerline is 4-feet east of the section line. Consistent with right-of-way dedication and frontage improvements made by adjacent developments, frontage improvements and right - of-way dedication along Linder Road for this d evelopment should be measured from section line. The applicant’s proposal to dedicate additional right-of-way to total 48-feet from section line abutting the site meets District policy and should be approved as proposed. The additional dedicated right-of-way is impact fee eligible for compensation . 4 The Landing 13 / MPP20-0005 / H-2020-0005 The applicant’s proposal to not improve Linder Road does not meet District policy which requires a minimum of 17-feet of pavement from centerline and detached sidewalk in its ultimate location. However, staff recommends a modification of policy to accept the existing improvements as proposed. This would be consistent with the development to the north, The Landing 12, which was approved by ACHD in 2017 . Additionally, this segment of Linder Road was improved by ACHD in 2015. The existing improvements are ADA compliant and include vertical curb and gutter, exceeding what can be required of the applicant. The applicant should be required to close the existing driveway on L inder Road located 100- feet north of the south property line with vertical curb, gutter and 7 -foot wide attached concrete sidewalk. The applicant should be required to repair or replace any damaged or deficient facilities along Linder Road abutting the site. 2. Internal Local Streets a. Existing Conditions: There are no public streets within the site. Spoonbill Avenue stubs to the site’s north property line. b. Policy: Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for improving all local street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way widths for all local streets shall generally not be less than 47-feet wide and that the standard street section shall be 33-feet (back-of-curb to back-of-curb). Standard Urban Local Street—33-foot Street Section and Right-of-way Policy: District Policy 7207.5.2 states that the standard street section shall be 33-feet (back-of-curb to back-of- curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5 -foot wide concrete sidewalks on both sides and shall typically be constructed within 47-feet of right-of-way. For the City of Kuna and City of Star: Unless otherwise approved by Kuna or Star, the standard street section shall be 36 -feet (back-of-curb to back-of-curb) for developments with any buildable lot that is less than 1 acre in size. This street section shall include curb, gutter, and minimum 5-foot wide concrete sidewalks on both sides and shall typically be constructed within 50-feet of right-of-way. Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisio ns for continuation of storm drainage facilities. Benefits of connectivity include but are not limited to the following: • Reduces vehicle miles traveled. • Increases pedestrian and bicycle connectivity. • Increases access for emergency services. • Reduces need for additional access points to the arterial street system . • Promotes the efficient delivery of services including trash, mail and deliveries. • Promotes appropriate intra -neighborhood traffic circulation to schools, parks, neighborhood commercial centers, transit stops, etc. • Promotes orderly development. 5 The Landing 13 / MPP20-0005 / H-2020-0005 Sidewalk Policy: District Policy 7207.5.7 states that five -foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least 8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District’s Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed out side 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. Cul-de-sac Streets Policy: District policy 7207.5.8 requires cul-de-sacs to be constructed to provide a minimum turning radius of 45 -feet; in rural areas or for temporary cul-de-sacs the emergency service providers may require a greater radius. Landscape and parking islands may be constructed in turnarounds if a minimum 29 -foot street section is constructed around the island. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. The developer shall provide written approval from the appropriate fire departmen t for this design element. The District will consider alternatives to the standard cul -de-sac turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the agency providing eme rgency fire service for the area where the development is located. c. Applicant’s Proposal: The applicant is proposing to extend Spoonbill Avenue into the site as a 33-foot street section with rolled curb, gutter and 5 -foot wide attached concrete sidewalk within 45-feet of right-of-way. The applicant is proposing a snoopy style turnaround at the terminus of Spoonbill Avenue with 22.5-foot radii. The applicant has also noted that a reduced width cul-de-sac with a 28-foot radius would be an acceptable alternative turnaround for Spoonbill Avenue d. Staff Comments/Recommendations: The applicant’s proposal to extend Spoonbill Avenue into the site as a 33-foot street section with rolled curb, gutter and 5 -foot wide attached concrete sidewalk meets District policy and should be approved as proposed. The applicant should be required to dedicate 47 -feet of right-of-way for Spoonbill Avenue, extending 2-feet past the back of sidewalk. The applicant’s proposal to terminate Spoonbill Avenue as a snoopy style turnaround with 22.5 - foot radii does not meet District policy which requires a cul -de-sac turnaround with a minimum 45-foot radius, and should not be approved, as proposed. As part of 2009 updates to section 7200 of ACHD’s policy manual ACHD’s turnaround policy was changed to eliminate the common use of non-standard or alternative turnarounds such as the “snoopy” type turnaround proposed by the applicant. Non -standard turnarounds are now 6 The Landing 13 / MPP20-0005 / H-2020-0005 allowed on a case by case basis only when the construction of a standard cul -de-sac has been deemed infeasible; this is typically due to hillside or other site constraints. In all other instances a standard cul-de-sac is required to terminate the end of public street. These changes were made to the policy over 10 years ago to address concerns related to access and backing for vehicles (such as delivery, trash, fire, ACHD maintenance, etc) and the need for them to make to three-point turns to exit the site, and maintenance concerns regarding the ability to sweep and chip seal cul-de-sacs which are done by hand. The applicant has indicated that he doesn’t believe the maintenance should be a driver of policy, however, as a public agency with budgetary constraints the long-term maintenance of new public streets is always taken into consideration. Staff recommends a modification of policy to allow a reduced with cul -de-sac with a 28-foot radius be constructed at the terminus of Spoonbill Avenue. This is due to the site being a 2-acre infill property, access onto Linder Road is prohibited and an existing turnaround is available 80 - feet north of the site at the intersection with Joshua Street. This one -time modification of policy is approved at the Discretion of the Development Services Manager for this project only, due to the existing site constraints noted above. 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 requ ired 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 principal arterial roadway. Direct lot access is prohibited to Linder Road and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Dedicate additional right-of-way to total 48-feet from section line of Linder Road abutting the site. Compensation will be provided for the additional dedicated right-of-way. 2. Close the existing driveway on Linder Road located 100 -feet north of the south property line with vertical curb, gutter and 7-foot wide attached concrete sidewalk. 3. Repair or replace any damaged or deficient facilities along Linder Road abutting the site 4. Extend Spoonbill Avenue into the site as a 33 -foot street section with rolled curb, gutter and 5 -foot wide attached concrete sidewalk within 47 -feet of right-of-way. 5. Terminate Spoonbill Avenue as a cul-de-sac turnaround with a minimum 28-foot radius. 6. Note on the final plat that direct lot access to Linder Road is prohibited. 7. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7 The Landing 13 / MPP20-0005 / H-2020-0005 8. Payment of impact fees is due prior to issuance of a building permit. 9. 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 dama ged 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 A CHD 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 writ ing 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 applica ble 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. 8 The Landing 13 / MPP20-0005 / H-2020-0005 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. Appeal Guidelines 9 The Landing 13 / MPP20-0005 / H-2020-0005 VICINITY MAP 10 The Landing 13 / MPP20-0005 / H-2020-0005 SITE PLAN 11 The Landing 13 / MPP20-0005 / H-2020-0005 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 requ ired 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 re view 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 o wn 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 confe rence. 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 w ay 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. 12 The Landing 13 / MPP20-0005 / H-2020-0005 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. 13 The Landing 13 / MPP20-0005 / H-2020-0005 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 and Clerk of the District, 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 a ppeal 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 t he 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 be ing 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 a ppeal 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 a ppealed, 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.