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ACHD Commentsr~ .~; {_ _. . k ~~.. ~:-: ;. ~' t'~ >.h x =~ ~; ;~: _~, ..., .~~ ~.. ~., ~~~ '` ~;,~. .7~~. ~. c ';+. .~a,.-.x April 3, 2009 To: Elroy Huff City of Meridian Parks 8~ Recreation Department 33 E. Broadway Avenue, Suite 206 Meridian, Idaho 83642 Subject: MCZC-09-016 Heroes Park accessory improvements 3064 W. Malta Drive Sc,~~ED On 3 April 2009, the Ada County Highway District Commission approved the above application. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at (208) 387-6187. Sincerely, , ~t ; Matt Edmond Planner III Right-of-Way & Development Services Ada County Highway District CC: Project file Paul Norberg, Harvest Design (sent via email) Bill Parsons, Meridian City Planning Department (sent via email) Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us Carol A. McKee, President Sheny R. Huber, 1st Vlce President Rebecca W. Amold, 2nd Vlce President John S. Franden, Commissioner Sara M. Baker, Commissioner 7 '+r ~' Y/ ~ ~~; {,~,\ r # ~~; ~- ~: ,F,i :.„ ~, `' ~i w~;! s .~-~? ,j. ;. ~ ~ .~_- ^ ^ Right-of-Way & Development Services Department Project/File: MCZC-09-016 (Heroes Park addition) This application is for cert~cate of zoning compliance for accessory structures in an existing City of Meridian park located in Lochsa Falls and Verona subdivisions. . ,_,- ~- E Lead Agency: City of Meridian ~ .. __ , - - ,~: Site Address: 3064 W. Malta Drive ~ ~•~ _ ~ ~ ` Staff Approval: April 3, 2009 N _ ' + ~ ;>„ ,,, .` ~~ Applicant: Harvest Design -Paul Norberg _ ~ '~ ,° , 2971 E. Copper Point Drive " ~~ ~- ~~ ~~ ~~ „ = H~" ~'~ Meridian, Idaho 83646 `' "~`~ ti,~ ' "~::; Owner: City of Meridian - ~~ 33 E. Broadway Avenue _ ` '~ ~~'~ Meridian, Idaho 83642 ` ' ry ~ ~~-~~~~~~; Staff Contact: Matt Edmond `~ ~~ ~ o _ _- ` Phone: 387-6187 ,~ - " ~. ~ - , . ~ _ __ - :~ E-mail: medmondCa~achd.ada.id.us Tech Review: April 3, 2009 (via email) Application Information: Acreage: 25.6 acres Zoning: R-4, R-8 Proposed Improvements: Concession/restroom building 1,306 sf Maintenance/storage building 1,479 sf Playground A. Findings of Fact Existing Conditions 1. Site Information: The site is located in Lochsa Falls No. 9 and Verona No. 1 subdivisions and consists of a city park. 2. Descri tion of Adjacent Surrounding Area: Direction Land Use Zoning North Sin le Famil Residential R-4 South Sin le Famil Residential R-8 East Sin le Famil Residential R-4 West Single Family Residential, Agricultural R1, RUT, R-4, R-8 1 MCZC-09-016 ;~;. ~ .' t-" ;;, ?;~rx ;x•. ~> ~; i; '. ~`~ :x ~ , .+` 'Y 4. . ~ :. ;~ ,; tiHr# ~. , ~~; ;: ~~; 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site • Ten Mile Road is improved with two travel lanes (24-feet of pavement) and no curb, gutter, or sidewalk within 63-feet of right-of--way (38-feet from centerline) abutting the site. A 5-foot wide concrete sidewalk is located in an easement along Ten Mile Road abutting the south portion of the site. • Malta Drive is improved with two travel lanes (32-feet of pavement), vertical curb and gutter within 50-feet of right-of--way (25-feet from centerline) abutting the site. A 10-foot wide asphalt path is located in an easement along Malta Drive abutting the site. • Anatole Drive is improved with two travel lanes (32-feet of pavement), rolled curb and gutter within 50-feet of right-of--way (25-feet from centerline) abutting the site. A 10-foot wide asphalt path is located in an easement along Anatole Drive abutting the site. • Black Sand Avenue is improved with two travel lanes (29-feet of pavement), rolled curb and gutter and 4-foot detached concrete sidewalk within 50-feet of right-of--way (25-feet from centerline) abutting the site. 4. Existing Access: The site currently has two unimproved access points onto Ten Mile Road, one improved access point onto Malta Drive, and one improved access onto Anatole Drive. 5. Site History: ACHD has previously acted on the following development applications involving the site: • ACHD approved the preliminary plat of Lochsa Falls Subdivision on May 22, 2002; and the final plat of Lochsa Falls No. 9 on September 15, 2004. • ACHD approved the preliminary plat of Verona Subdivision on February 21, 2003; and the final plat of Verona No. 1 on November 5, 2003. • ACHD approved MCZC-05-037 for a city park with up to 25 soccer fields at the site on April 7, 2005. 6. Adjacent Development: There is no pending or ongoing development in the vicinity of the site. Development Impacts 7. Trip Generation: This development is estimated to generate approximately 2,069 vehicle trips per day during soccer season, based on the Institute of Transportation Engineers Trip Generation Manual for a soccer complex with 29 fields. 8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 9. Current Condition of Area Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service Speed Limit Ten Mile Road 500' Minor Arterial 2,360 south of Chinden 12/9/2008 Better than ~,Cn 40 MPH Malta Drive 700' Local No data N/A 25 MPH Anatole Drive 300' Local No data N/A 25 MPH Black Sand Avenue 770' Local No data N/A 20 MPH "Acceptable level of service for a iwo-lane minor ar[enai is -u ~~i4,uuu Hu ~ ~. 2 ^ MCZC-09-016 ~ I;, { + .ti 10. Capital Improvements Plan /Five Year Work Plan: • There are no roadways, bridges or intersections in the general vicinity of the project programmed for improvement in the current Five Year Work Plan. • Ten Mile Road from McMillan Road to Chinden Boulevard is listed in the Capital Improvements Plan to be widened to five lanes between 2014 and 2018. • The Ten Mile Road/Chinden Boulevard intersection is listed in the Capital Improvements Plan to be widened and signalized between 2014 and 2018. • The Ten Mile Road/McMillan Road intersection is listed in the Capital Improvements Plan to be widened and signalized between 2014 and 2018. ';,;: B. Findings for Consideration 1. Ten Mile Road 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. Applicant Proposal: The applicant is proposing to construct a 5-foot wide concrete sidewalk located 49-feet from the centerline of Ten Mile Road abutting the site. Staff Comment/Recommendation: The applicant's proposal meets District policy and should be approved with this application. The applicant should provide an easement for any portion of sidewalk located outside of the right-of--way. ACHD previously required a southbound left turn lane on Ten Mile Road at Malta Drive as a condition of the preliminary plat approval of Verona Subdivision. However, there was inadequate right-of--way to accommodate the left tum lane, and ACRD staff subsequently required a northbound right-turn lane instead. Due to the accessory nature of this development and the existing use of the site as a city park and soccer complex, staff does not recommend a center left turn lane on Ten Mile road at this time. 2. Anatole Drive, Black Sand Avenue, Malta Drive Right-of-Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right-of--way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. Local Street Section Policy: District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of--curb to back-of--curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. Applicant Proposal: The applicant is not proposing any additional roadway improvements or right-of--way dedication along Anatole Drive, Black Sand Avenue, or Malta Drive abutting the site. Staff Comment/Recommendation: Anatole Drive, Black Sand Avenue, or Malta Drive are already improved with curb, gutter, and sidewalk abutting the site, therefore, no additional right-of- way dedication or roadway improvements are required with this application. The District may elect to post NO PARKING signs along sections of these roads should the need arise in the future. 3. Driveways 3 MCZC-09-016 ,~> ;, ~i~~ ,~~ ~ ~ :d: `. rs,. _,k- ,~ 7 ~ ``. ,y: ;~,: .h .;~,, '1 e Access Management Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Driveway 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. Gate Policy: District policy 7207.9.2 requires gated driveways and roadways with daily traffic volumes greater than 1,000 but less than 2,000 vehicles to provide a minimum 50-foot storage distance. The storage area will be measured from the edge of pavement of the main street. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1; the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. Applicant Proposal: The applicant is proposing to maintain the two existing parking lot access points onto Anatole Drive and Malta Drive, and to construct a new 25-foot wide driveway onto Ten Mile Road, located approximately 500-feet south of Lost Rapids Drive and 685-feet north of Malta Drive (measured near edge to near edge). The applicant is proposing to use this driveway for service access only, and to place a gate across the driveway approximately 60-feet from the edge of Ten Mile Road. Staff Comment/Recommendation: The applicant's proposal meets District policy and should be approved with this application. 4. Landscaping A license agreement is required for all landscaping proposed within ACRD right-of--way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 5. Other Access Ten Mile Road is classed as a principal arterial roadway. Other than access specifically approved with this application, direct lot access to Ten Mile Road is prohibited. C. Site Specific Conditions of Approval 1. Construct a 5-foot wide concrete sidewalk no closer than 41-feet from the centerline of Ten Mile Road, as proposed. Provide an easement for any portion of sidewalk located outside of the right- of-way. 2. Construct a 25-foot wide driveway onto Ten Mile Road, located approximately 500-feet south of Lost Rapids Drive and 685-feet north of Malta Drive (measured near edge to near edge). Pave the driveway its full width at least 30-feet in from the edge of Ten Mile Road and install 15-foot radius pavement tapers where it meets the edge of pavement. 4 MCZC-09-016 3. Install one gate on the above driveway 60-feet from the edge of Ten Mile Road, as proposed. 4. Enter into a license agreement for any landscaping located with ACHD right-of--way abutting the site. 5. Other than access specifically approved with this application, direct lot access to Ten Mile Road is prohibited. 6. Comply with all Standard Conditions of Approval D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 5 MCZC-09-016 ~ i a !F E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Appeal/Request for Reconsideration Guidelines g MCZC-09-016 Vicinity Map __ __ _ __ ~~ ,+ .. i s ~ ~ ~ ~ 3 ' ~ ~ - Icy ~ - i •; „'~~ 'it ..yy~, r J t9s ~ S ~ ,~ ` `. t " # _ " j ~~ .. _... ~ ....... .~ - -. ..1. ' ~ ~.~ ~ ~ , 3 i~~ a ~"-°-~ ;~ r ~ r r _ ... ~ ~ ~- _ ~.__ r . ~ ~ ~ .-.~ .. r - .. w 'l f~i~Ir; ~ilA. 'f~.~. i ... .. ~ V. •'.~ x 1 <. ar:~ ~ ~ : ,r n _ ... ~~, ,f . " x. ,i . -~, ~,,, - .. w v .; e f1 !+ , .! . ., h ~"`4"'" !'~ ,,g ~a > wk , 9 1 _ ._ _ M _ _ --- ._-__,_ _, ~ _., w t : ~' `ll~, ~~ '~'f ` f A ~ ~. e ~, .. ~, ~ ~.._ ~.• r 7 MCZC-09-016 Site Plan _ TEN _MIL,E, ROAD'' ._ __ ~ ._ fi ~ ,~, g ____. . ~.~.... _ ~ ___.. „ ._. :^ - f _ ._.. ...~..ra~ss~vs~rrw- ; ^'¢m~,.~F an ~• -/" i~.ra'.` } M ~~.~ ~1C ....~~ ~ ` ~ O?' a ... ~~ .t9 e CII ~ ~ ~ ~ ~ ~} i i e I .. R7 ~~ ~ $ ' e "e e ~ "3~;, " ~~ ~:..ti .... .-fit .-. C' a ti! ~ ~ ~ ~ i/M ~ .........«...........»..............,......~ ........... ....,...... .~ r ~ys`!..~.a _ ~ C~' r i s ........... ._.. _... ,.. s ~ iW A ~ !1 r ~ ~ i ~ ~ i ~ ; ~~ t .. «~. 1--. .. .... .. }. ....... ....... ...._.... _i ~ ~~ ~ f.~ 4 e ~ a r ~+ ~ ~ ~ " - v ^.. ~...a..s.~ _.. .. X ; s ,"~" gg ~ 0 4 ~ p ~ °-^ 1 [ ~~ ~°~ ~ ~, r ~x__ ;_ } t R ~; ~ A a a ~`~ ` ; ;Cit ' ~ br ~, I ~~ ~ p ~ ~ ypi _ ~ C ~ -~ ~ he. fR7R ,• ,, , _ a n __ _ m l7 s ~.a,~,w.. .....1 - .. ". i f t ~ ~a 1 . ~ ... ; ..: ~. _.. ... y .. ...... ~ . _.._._.__~....,, 1 C ~ ~ ~ ~..,.y.. --'•~ _ ~ 9 i~ L ~ iwA a ...... ......_. .... ......._"__~___..~ ~ ~j R x s ~ ' ~..9'o C .. °re' i i ~. ~ ~ pp~~ +~ ,. 6!7 e~ e C ~ r.. -„............e i .......... m • ................. ,.... ... .r ~. ,~~ ~_~ . _._T!_~.~_ r.w~ vaaaafew~t ~dF.t!e"!1t.1..;~Sw~s~~ .~..___.~..~~~~~.~®~_~_ 1 9 BLACK SAND AVE `' 8 MCZC-09-016 '? _: t'~ .~~; ~~.:~ -~:, ~~ ~ ~~` ~ ~ '' ~~ ,, ;~ -z '; :>.; r 45_.,,:x. ,r Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper not cation 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 not cation to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 9 MCZC-09-016 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 ACRD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do one of the following: ^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ^For ALL development applications, including those receiving a "No Review" or "Comply With" letter. • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of--way, including, but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) ^ Driveway or Property Appooach(s) • Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ^ Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction -Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment 8 Erosion Submittal • At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 10 MCZC-09-016 Suw: ,,~ ~- ,h' ~ ~ -- . ~: ~ ~;4, Request for Appeal of Staff Decision r H r`: 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 ACRD 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, k %_ address and telephone number and state the grounds for the appeal. The y~` 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 ' s4 reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. .:.. r , 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 - A: 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. s' `- ,},, -:.fi-; ~; e'~ h. 11 MCZC-09-016 ,:; If i-