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-