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2020-04-29 ACHD Draft Report   1 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 Development Services Department Project/File: Brody Square / MPP20-0011 / H-2020-0032 This is an annexation with a rezone to R-8, vacation of a section of Daphne Street and a preliminary plat application consisting of 65 buildable lots, 7 common lots and 2 other lots. Lead Agency: City of Meridian Site address: Black Cat & Daphne Street Staff Approval: XXXX, 2020 Applicant: Randy Clarno Pinnacle Land Development LLC 7629 E. Pinnacle Peak Rd. Ste. 110 Scottsdale, AZ 85255 Representative: Keith Nichter Kimley-Horn and Associates, Inc. 950 W. Bannock St. #1100 Boise, ID 83702 Staff Contact: Austin Miller Phone: (208) 387-6335 E-mail: amiller@achdidaho.org A. Findings of Fact 1. Description of Application: This is an annexation of 15-acres with a rezone to R-8, vacation of a section of Daphne Street and a preliminary plat application consisting of 65 buildable lots, 7 common lots and 2 other lots. Th e applicant’s proposal 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 Low-Density Residential District R-4 South Rural-Urban Transition Zone RUT East Rural-Urban Transition Zone RUT West Medium-Density Residential District & Medium High -Density Residential District (Jump Creek Subdivision) R-8 & R-15 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: 2 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 • Jump Creek Subdivision, consisting of 318 single family dwelling lots and 2 multi -family building lots located west of the site was approved by ACHD in October 2014 and is in various phases of development. 5. Transit: Transit services are not available to se rve this site. 6. New Center Lane Miles: The proposed development includes 0.4 centerline miles of new public road. 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. The impact fee assessment will not be released until the civil plans are approved by ACHD. 8. Capital Improvements Plan (CIP) / Integrated Five Year Work Plan (IFYWP): • Black Cat Road is listed in the CIP to be widened to 5 -lanes from Ustick Road to McMillan Road between 2021 and 2025. • Black Cat Road is listed in the CIP to be widened to 3 -lanes from McMillan Road to Chinden Boulevard between 2026 and 2030. • McMillan Road is listed in the CIP to be widened to 3-lanes from McDermott Road to Black Cat Road between 2031 and 2035. • McMillan Road is listed in the CIP to be widened to 3 -lanes from Black Cat Road to Ten Mile Road between 2031 and 2035. • The intersection of McMillan Road and Black Cat Road is listed in the CIP to be reconstructed as a multi-lane roundabout with 2 lanes on the northbound and southbound legs and 1 lane on the eastbound and westbound legs between 2026 and 2030. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 613 additional vehicle trips per day; 65 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers 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 minor arterial is “E” (575 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 McMillan Road west of Ten Mile Road was 4,905 on January 31, 2018. • The average daily traffic count for Black Cat Road south of Chinden Boulevard was 5,468 on February 7, 2018. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service McMillan Road None Minor Arterial 335 Better than “E” Black Cat Road 990-feet Minor Arterial 276 Better than “E” Daphne Street 630-feet Local N/A N/A 3 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 C. Findings for Consideration 1. Daphne Street Vacation a. Applicant’s Proposal: The applicant is proposing a right-of-way vacation/exchange to vacate a 274-foot long section of Daphne Street internal to the site for a total vacation area of 0.31 acres. b. Staff Comments/Recommendations: The vacation/exchange of Daphne Street requires a separate application and has its own a pproval process. The vacation/exchange should be completed prior to phase 1 plan approval and ACHD’s signature on the first final plat. If the vacation of Daphne Street is not approved, the applicant should be required to submit a revised preliminary plat that incorporates Daphne Street into the site for review. 2. Black Cat Road a. Existing Conditions: Black Cat Road is improved with 2-travel lanes (25-feet of pavement) and no curb, gutter or sidewalk abutting the site. There is between 55 and 78-feet of right-of- way for Black Cat Road (29-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 acco rdance 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. 4 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 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 adjacent road way. 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). 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 Black Cat Road is designated in the MSM as a Residential Arterial with 5-lanes and on-street bike lanes, a 71-foot street section within 96-feet of right-of-way. c. Applicant Proposal: The applicant is proposing to dedicate additional right-of-way to total 48- feet from the section line of Black Cat Road abutting the site. d. Staff Comments/Recommendations: The applicant’s proposal to dedicate additional right -of- way site to total 48-feet from section line the of Black Cat Road abutting the site is consistent with the MSM and should be approved as proposed. Compensation will be provided as this segment of Black Cat Road is listed in the CIP. The applicant should be required to provide a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder on Black Cat Road abutting the site. The applicant should be required to construct 5 -foot wide detached concrete sidewalk on Black Cat Road abutting the site, located a minimum of 41-feet from section line. If detached sidewalk are constructed outside of the dedicated right -of-way, then a permanent right-of-way easement should be provided. 3. Internal Local Streets a. Existing Conditions: Daphne Street is improved with 26-feet of pavement with no curb, gutter or sidewalk abutting the site. There are no other local streets within the site. 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. 5 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 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. 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. Speed Control and Traffic Calming Policy: District policy 7207.3.7 states that the design of local street systems should discourage excessive speeds by using passive design elements. If the design or layout of a development is anticipated to necessitate future traffic calming implementation by the District, then the District will require changes to the layout and/or the addition of passive design elements such as horizontal curves, bulb -outs, chokers, etc. The District will also consider texture changes to the roadway surface (i.e. stamped concrete) as a passive design element. These alternative methods may require maintenance and/or license agreement. c. Applicant’s Proposal: The applicant is proposing to construct Daphne Street as a 33-foot wide local street section with rolled curb, gutter and 5 -foot wide attached concrete sidewalk within the existing 50-feet of right-of-way. The applicant is proposing to construct all other internal local streets as 33 -foot local street sections with rolled curb, gutter and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way. Eynsford Avenue is proposed to be 825 -feet in length. The applicant is proposing to construct a bulb-out on Eynsford Avenue at the intersection with Daphne Str eet. d. Staff Comments/Recommendations: The applicant’s proposal to construct Daphne Street as a 33-foot wide local street section with rolled curb, gutter and 5-foot wide attached concrete sidewalk within the existing 50 -feet of right-of-way meets District policy and should be approved as proposed. 6 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 The applicant’s proposal to construct all other internal local streets as 33 -foot local street sections with rolled curb, gutter and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way meets District policy and should be approved as proposed. The applicant will be required to provide a minimum of 24 -feet of pavement between the bulb- out, as measured from face-of-curb to face-of-curb. 4. Stub Streets a. Existing Conditions: There are no stub streets to or from the site. b. Policy: Stub Street Policy: District policy 7207.2.4.3 states that stub streets will be required to provide circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7207.2.4, except a temporary cul -de-sac will not be required if the stub street has a length no greater than 150 -feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” In addition, stub streets must meet the following conditions: • A stub street shall be designed to slope towards the nearest street intersection within the proposed development and drain surface water towards that intersection; unless an alternative storm drain system is approved by the District. • The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. c. Applicant Proposal: The applicant is proposing to construct two stub streets, one stub street to the east and one stub street to the south. Avilla Drive is proposed to stub to the east property line located 134-feet south of the north property line. Eynsford Avenue is proposed to stub to the south property line located 134-feet west of the east property line. d. Staff Comments/Recommendations: The applicant’s proposed stub street locations meet District policy and should be approved as proposed. A sign shall be installed at the terminus of the stub street s stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” As neither stub street exceeds 150 -feet in length a temporary turnaround is not required. 5. 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. 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 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. Other Access Black Cat Road is classified as a minor arterial roadway. Direct lot access is prohibited to Black Cat Road and should be noted on the final plat. 7 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 D. Site Specific Conditions of Approval 1. Submit a vacation application for the vacation/exchange of Daphne Street. This is a separate application and approval process. The vacation/exchange shall be completed prior to plan approval and ACHD’s signature on the first final p lat. If the vacation of Daphne Street is not approved , submit a revised preliminary plat that incorporates Daphne Street into the site. 2. Dedicate additional right-of-way to total 48-feet from the section line of Black Cat Road abutting the site. Compensation will be provided for the additional right-of-way dedication. 3. Provide a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder on Black Cat Road abutting the site. 4. Construct 5-foot wide detached concrete sidewalk on Black Cat Road abutting the site, located a minimum of 41-feet from section line. If detached sidewalks are constructed outside of the dedicated right-of-way, then provide a permanent right-of-way easement. 5. Construct Daphne Street site as a 33-foot wide local street section with rolled curb, gutter and 5 - foot wide attached concrete sidewalk within the existing 50 -feet of right-of-way. 6. Construct all other internal local streets as 33 -foot wide local street sections with rolled curb, gutter and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way. 7. Construct one stub street to the east, Stub Avilla Drive, located 134-feet south of the north property line. 8. Construct one stub street to the south, Eynsford Avenue, located 134-feet west of the east property line. 9. Install a sign at the terminus of both stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 10. Construct a bulb-out at the Eynsford Avenue/Daphne Street intersection with a minimum pavement width of 24-feet of between the bulb -outs at the intersection; measured from face -of-curb to face- of-curb. 11. Direct lot access is prohibited to Black Cat Road and shall be noted on the final plat. 12. 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. 13. Payment of impact fees is due prior to issuance of a building p ermit. 14. 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. 8 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 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 construct ion. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the app licant 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. Appeal Guidelines 9 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 VICINITY MAP 10 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 SITE PLAN 11 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 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 meeti ng 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. Utili ties 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 idu cc.com for e-mail notification information. 12 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 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 DRAFT Brody Square / MPP20-0011 / H-2020- 0032 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 71 01.6, 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.