ACHD Comments
December 30, 2008
TO: Redmont Health Services
1500 First Ave. North
Birmingham, AL 35203
REP: Oaas Laney, Inc.
519 W. Front St.
Boise, ID 83702
AGENT: Trent Koci -BRS Architects
1010 S. Allante PI. Ste. 100
Boise, I D 83709
SUBJECT: MCZC-08-110
Redmont Health Services
5075 W. Cheny Ln.
Carol A. McKee, President
Sherry R. Huber, 1st vice President
Dave Bivens, 2nd Vice President
John S. Franden, Commissioner
Rebecca W. Arnold, Commissioner
On July 7, 2008, the Ada County Highway District acted on MCUP08-015 /MAZ08-008 for an assisted
living facility located off Cherry Lane. The conditions and requirements also apply to MCZC-08-110.
• Prior to final approval you will need to submit construction plans to the ACHD
Development Review Section to insure compliance with the conditions identified above
and/or for traffic impact fee assessment. This is a separate review process that requires
direct plans submittal to the Development Review staff at the Highway District.
• A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning 8< Development Services at 387-6170 for
information regarding impact fees.
If you have any questions or concerns please feel free to contact this office at (208) 387-6177.
Sincerely,
C~'~ ~~~
Chelsee Kucera
Right-of--Way and Development Services
CC:
Project File
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
.~
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-
of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement. plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisions
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
w
Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time
®Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of
a previous development application and that the site specific requirements from the previous development also apply to
this development application.
^Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the
proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit a set of engineered plans directly to ACHD for review by the Development Review
Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD,
then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of--way, including,
but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request' form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of--Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application° to
ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion 8~ Sediment Control Narrative 8~ Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment 8~ Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative 8~ Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACRD Drainage
Division.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled.
^ Final Approval from Development Services
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
i~
Right-of-Wcay & Development Services Department
~ _
~~~ ~~~
C D
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Project/File:
Lead Agency:
Site address:
Staff
Approval:
Owner:
Representative:
MCUP-08-15/ MAZ-08-008
This is a conditional use, annexation and rezone application for an assisted living
facility on approximately 4.57 acres.
City of Meridian
5075 W. Cheny Lane
July 7, 2008
Thorval Howard Entrepreneurial Fund 1, LLC
P.O. Box 2020 ~,~~~,
Boise, ID 83701 ~+~ , ` ' '~,-,
The Land Group, Inc.
Contact: Van Elg
462 E. Shore Drive, Ste. 100
Eagle, ID 83616
Staff Contact: Kristy Scovill
Phone: 387-6171
E-mail: kscovill(~achd.ada.id.us
Tech Review: June 27, 2008 (via email)
Application Information:
Acreage: 4.57
Current Zoning: R-1
Commercial Lots: 1
A. Findings of Fact
Existing Conditions
1. Site Information: The site currently has one single family residence.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zonin
North Rural Urban Transition RUT
South Rural Urban Transition RUT
East Estate Residential R-1
West Rural Urban Transition RUT
1 MCUP-08-15/ MAZ-08-008
c.-
3. Existing Roadway Improvements and Right-of--Way Adjacent To and Near the Site
• Cherry Lane is currently improved with 2 traffic lanes, and no curb gutter or sidewalk abutting or
across from the site. There is between 72 and 90-feet of right-of-way existing for Chevy Lane
(between 46 and 49-feet from centerline).
4. Existing Access: There is one defined access point intersecting Chevy Lane approximately 16-
feet wide, located 88-feet east of the west property line (measured property
line to near edge).
5. Site History:
ACHD has not previously reviewed this site.
Development Impacts
6
Trip Generation:
Impact Fees:
This development is estimated to generate 114 additional vehicle trips per
day based on the Institute of Transportation Engineers Trip Generation
Manual.
7
8
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.
Impacted Roadways:
Roadway Frontage Functional
Classification Traffic Count Level of
Service* Speed
Limit
Cherry Lane 394' Principal 7,702 west of Better 35 MPH
Arterial Black Cat Road on than "C"
9/25/2007
Black Cat 0' Minor Arterial 5,325 north of Better 35 MPH
Road Cherry Lane on than
9/25/2007 "C"
4,474 south of
Cherry Lane on
9/25/2007
*Acceptable level of service for atwo-lane principal arterial roadway is "E" (15,500 VTD).
'"Acceptable level of service for atwo-lane minor arterial roadway is "D" (14,000 VTD).
9. Capital Improvements PIan/Five Year Work Program
There are currently no scheduled improvements in the Districts Five Year Work Program near the
site.
The following improvements are scheduled in the District's Capital Improvements Program (CIP).
• Black Cat Road is currently scheduled to be widened to 3-lanes from Franklin Road to
Cherry Lane by 2019 to 2028.
• Black Cat Road is currently scheduled to be widened to 5-lanes from Cherry Lane to Ustick
Road by 2019 to 2028.
• Cherry Lane is currently scheduled to be widened to 5-lanes from McDermott Road to Black
Cat Road by 2019 to 2028.
• The intersection of Chevy Lane and Black Cat Road is scheduled to be signalized by 2014
to 2018.
2 MCUP-08-15/ MAZ-08-008
a
B. Findings for Consideration
1. Cherry Lane
Right-of--Way Policy: District policy requires 96-feet of right-of--way on arterial roadways (Figure
72-F1 B). This right-of--way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot
concrete detached sidewalks and bike lanes.
Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete
sidewalk on all collector roadways and arterial roadways (7204.7.2).
Applicant Proposal: The applicant has proposed to construct a 10-foot wide detached
meandering pathway along Cherry Lane abutting the site between 49 and 60-feet from the
centerline of the roadway.
Staff Comment/Recommendation: The applicant will be required to dedicate 48-feet of right-of-
way from the centerline of Cherry Lane abutting the site where it does not currently exist. The
applicant will be required to construct a 5-foot concrete sidewalk, a minimum of 41-feet from the
centerline of the roadway.
2. Driveways
Driveway Policy: Graveled driveways abutting public streets create maintenance problems due to
gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant
should be required to pave the driveway its full width and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the
existing roadway edge.
Access Policy: District policy 7207.8 states that direct access to arterials and collectors is normally
restricted. The developer shall try to use combined access points. If the developer can show that
the use of a combined access point to a collector or arterial street is impractical, the District may
consider direct access points. Access points for proposed developments at intersections should be
located as far from the intersection as practical, and in no case closer than as illustrated on Figure
72-F4, unless a waiver for the access point has been approved by the District Commission.
Commercial Driveway Width Policy: District policy 7207.9.3 restricts commercial driveways with
daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial
driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type
driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways.
Successive Driveway Policy (35 MPH): District policy 72-F5, requires driveways located on
collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from
any existing or proposed driveway.
Applicant Proposal: The applicant has proposed to construct one 25-foot wide driveway access
to intersect Cheny Lane located approximately 160-feet east of the westernmost property line
(measured property line to near edge).
Staff Comment/Recommendation: The applicant's proposals meet District policy, and should be
approved with this application. The applicant shall be required to pave the driveway its full width
and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
3 MCUP-08-15/ MAZ-08-008
r_-
3. Tree Planters
Tree Planter Policy: The District's Tree Planter Width Interim 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. Other Access
Cherry Lane is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway.
C. Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Cherry Lane abutting the site where it does
not currently exist.
2. Construct a 5-foot concrete sidewalk, a minimum of 41-feet from the centerline of the roadway.
3. Construct one 25-foot wide driveway access to intersect Cherry Lane located approximately 160-
feet east of the westernmost property line (measured property line to near edge).
4. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge.
5. Other than the access specifically approved with this application, direct lot access is prohibited to
this roadway.
6. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be home
by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
4 MCUP-08-15/ MAZ-08-008
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
E. Conclusions of Law
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Request for Reconsideration Guidelines OR Appeal Guidelines
4. Development Process Checklist
5 MCUP-08-15/ MAZ-08-008
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MCUP-08-15/ MAZ-08-008
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 pertormed 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.
Notiffcation to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for
e-mail notification information.
8 MCUP-08-15/ MAZ-08-008
Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time
^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part
of a previous development application and that the site specific requirements from the previous development also
apply to this development application.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating
the proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit iwo (2) sets of engineered plans directly to ACHD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required
by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of--way,
including, but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request' form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application"
to ACRD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment ~ Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACRD Construction -Subdivision to be reviewed and approved by the ACHD Drainage
Division.
^ Idaho Power Company
• Vc Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
^ Final Approval from Development Services
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.
9 MCUP-08-151 MAZ-08-008
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did
not properly apply this section 7101.6, did not consider all of the relevant facts presented,
made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the
interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the
Secretary of Highway Systems, which must be filed within ten (10) working days
from the date of the decision that is the subject of the appeal. The notice of appeal
shall refer to the decision being appealed, identify the appellant by name, address
and telephone number and state the grounds for the appeal. The grounds shall
include a written summary of the provisions of the policy relevant to the appeal
and/or the facts and law relied upon and shall include a written argument in support
of the appeal. The Commission shall not consider a notice of appeal that does not
comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date
of the filing of the notice of appeal to reply to the notice of the appeal, and may
during such time meet with the appellant to discuss the matter, and may also
consider and/or modify the decision that is being appealed. A copy of the reply and
any modifications to the decision being appealed will be provided to the appellant
prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the
appeal will be noticed and scheduled on the Commission agenda at a regular meeting
to be held within thirty (30) days following the delivery to the appellant of the
ROWDS Manager's reply to the notice of appeal. A copy of the decision being
appealed, the notice of appeal and the reply shall be delivered to the Commission at
least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision
being appealed, as such action is adequately supported by the law and evidence
presented at the hearing.
10 MCUP-08-15/ MAZ-08-008