ACHD Comments~~~~~~~
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Date: February 9, 2012
To: Russ Hunemiller
3299 W. Davis Drive
Meridian, ID 83642
Subject: MCZC-11-053 & MDES-11-032
980 W. Parkstone Street
Rebecca W. Amold, President
Sara M. Baker, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
David L. Case, Commissioner
On February 9, 2012 the Ada County Highway District Staff acted on your application for the above
referenced project. 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) 387-6174.
Sincerely,
~~
Jarom Wagoner
Planner II
Development Services
Ada County Highway District
CC: Project file
City of Meridian (sent via email)
Mark Sanders, The Architects Office (sent via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
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Development Services Department
Project/File: MCZC-11-053 8~ MDES-11-032
This is a certificate of zoning compliance and design review application for five
apartment buildings and an office/maintenance building on approximately 5.1 acres.
The site is located at the southwest comer of Ustick Road and Venable Lane in
Meridian, Idaho.
Lead Agency: City of Meridian
Site address: 980 W. Parkstone Street
Staff Approval: February 9, 2012
Applicant:
Representative
Russ Hunemiller
3299 W. Davis Drive
Meridian, ID 83642
Mark Sanders
The Architects Office
499 Main Street
Boise, ID 83702
Staff Contact: Jarom Wagoner
Phone: 387-6174
E-mail: jwaaoner _achdidaho.orq
Tech Review: February 9, 2012
A. Findings of Fact
1. Description of Application: The applicant is requesting approval for a five building, multi-family
apartment complex and an office/maintenance building. The property is located at the southwest
corner of Ustick Road and Venable Avenue and is approximately 5.83 acres.
2.
Description of Adjacent Surrounding Area:
Direction Land Use Zonin
North Communit Business District C-C
South Traditional Nei hborhood Residential TN-R
East Rural-Urban Transition RUT
West Medium Hi h Densi Residential R-8
3.
Site History: ACHD Commission previously reviewed this site as Crossfield Subdivision No. 4 in
May 2005. The requirements of this staff report are consistent with those of the prior action.
4. 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.
2 MCZC-11-053 &MDES-11-032
5. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP):
There are currently no roadways, bridges or intersections in the general vicinity of the project that
are currently in the Five Year Work Program.
• Ustick Road is listed in the Capital Improvements Plan to be widened to 5-lanes from Linder
Road to Meridian Road between 2019 and 2027.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 532 additional vehicle trips per day
(none existing); 50 additional vehicle trips per hour in the PM peak hour (none existing), based on
the Institute of Transportation Engineers Trip Generation Manual, 8th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
PM Peak PM Peak Existing
Roadway Frontage Functional Hour Hour Level Plus
Classification Traffic Count of Service Pro'ect
Ustick Road 475-feet Arterial 740 "D" "E"
* Acceptable level of service for athree-lane principal arterial is "E" (880 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 Ustick Road east of Linder Road was 14,095 on August
19, 2010.
C. Findings for Consideration
1. Ustick Road
a. Existing Conditions: Ustick Road is improved with 3-travel lanes and no curb, gutter, or
sidewalk abutting the site. There is 86 feet of right-of-way for Ustick Road (38 feet from
centerline and an additional 30-foot wide sidewalk easement).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of--Way Width: District Policies 7205.2.1 & 7205.5.1 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
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalks 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 sidewalk is required to provide increased
safety and protection of pedestrians. Consult the District's planter width policy if trees are to
3 MCZC-11-053 & MDES-11-032
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 roadway.
Meandering sidewalks are discouraged.
Appropriate easements shall be provided if public sidewalks are placed out of the 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.).
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 Ustick Road is designated in the
MSM as a Planned Commercial Arterial with 5-lanes and on-street bike lanes, a 72-foot street
section within 96 feet of right-of-way.
c. Applicant Proposal: The applicant is proposing to construct a 5-foot meandering sidewalk
located 42 feet from the the centerline of Ustick Road, abutting the site.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved, as proposed. The sidewalk should be constructed a minimum of 42 feet
from the centerline of Ustick Road. There is sufficient right-of-way and a 30-foot sidewalk
easement; therefore, no additional right-of-way should be required with this application.
2. Parkstone Street
a. Existing Conditions: Parkstone Street is an unimproved roadway with 5-foot wide detached
sidewalk, ribbon curbing and swales abutting the site. There is 52-feet of right-of-way for
Parkstone Street (26-feet from centerline).
b. Policy:
Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local street frontages adjacent to the site regardless of whether or not access is
taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7207.5 states that right-of-way
widths for all local streets shall generally not be less than 50-feet wide and that the standard
street section shall be 36-feet (back-of-curb to back-of-curb). The District will consider the
utilization of a street width less than 36-feet with written fire department approval.
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.
Appropriate easements shall be provided if public sidewalks are placed out of the right-of-way.
The easement shall encompass the entire area between the right-of-way line and 2-feet
4 MCZG11-053 & MDES-11-032
behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the
public right-of--way or wholly within an easement.
Half Street Policy: District Policy 7207.2.2 required improvements shall consist of pavement
widening to one-half the required width, including curb, gutter and concrete sidewalk
(minimum 5-feet), plus 12-feet of additional pavement widening beyond the centerline
established for the street to provide an adequate roadway surface, with the pavement
crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to
accommodate the roadway storm runoff shall be constructed on the unimproved side.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to
existing streets adjacent to a proposed development may be required. These improvements
are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction
or replacement; curb and gutter construction or replacement; replacement of unused
driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps;
pavement repairs; signs; traffic control devices; and other similar items.
c. Applicant's Proposal: The applicant is proposing to construct Parkstone Street as a 33-foot
street section with 2-foot ribbon curbing, 8-foot drainage swales and 5-foot detached
sidewalks.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District Policy;
however, staff is recommending a modification of policy to approve the applicant's request as
proposed. The use of the drainage swales was approved in 2005 when ACRD originally acted
on the Crossfield Subdivision. Since that time the use of roadside swales has been repealed
by the ACHD Commission. Due to the fact that ,Parkstone Street is already improved with
roadside swales and no modifications to the roadway are proposed, the swales will be allowed
to remain as is to accommodate the drainage on Parkstone Street.
The applicant should be required to correct any deficiencies and/or replace deteriorated
facilities abutting the site, including sidewalk construction or replacement; curb and gutter
construction or replacement; installation or reconstruction of pedestrian ramps; pavement
repairs; signs; traffic control devices; and other similar items on Parkcenter Street, abutting
the site.
3. Venable Lane
The future Venable Lane is located directly east of the site and consists of a 40-foot wide
unimproved right-of-way. ACHD was unable to require the construction of Venable Lane as part
of the 2004 action on Crossfield Subdivision. At that time Venable Lane was a private road, and
the owner was not interested in dedicating the right-of-way. Venable Lane could not be shifted
west onto the site because this would have created an offset from the existing Venable Lane on
the north side of Ustick Road creating conflicts with cross traffic and safety concerns at the
intersection.
In September of 2009, under special consideration and at the request of the city of Meridian, the
ACHD Commission approved a request to accept Venable Lane as right-of-way despite being
unimproved. The requirements of the 2009 acceptance were that ACHD would not maintain the
unopened right-of-way, ACHD would not participate in the cost to improve Venable Lane, and that
ACHD would rely on the city of Meridian to require this road to be improved with future
development.
The applicant is proposing to construct a 5-foot wide concrete sidewalk abutting Venable Lane,
along the east property boundary from Ustick Road to Stanhope Street. Due to the fact that the
sidewalk is proposed on private property, the applicant should provide the District with a sidewalk
easement to encompass the entire area between the right-of-way line for Venable Lane and 2-feet
behind the back edge of the sidewalk.
5 MCZC-11-053 & MDES-11-032
4. Private Roads
a. Private Road Policy: District Policy 7212.1 states that the lead land use agencies in Ada
County establish the requirements for private streets. The District retains authority and will
review the proposed intersection of a private and public street for compliance with District
intersection policies and standards. The private road should have the following requirements:
• Designed to discourage through traffic between two public streets,
• Graded to drain away from the public street intersection, and
• If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of
50-feet from the near edge of the intersection and a turnaround shall be provided.
b. Applicant Proposal: The applicant is proposing to construct 2 private roads within the
development, Ginnala Lane and NW Stn Lane. Ginnala Lane is proposed to intersect with
Venable Lane approximately 220 feet south of the centerline of Ustick Road and to intersect
with Parkstone Street approximately 180-feet east of the centerline of Blairmore Way. NW Stn
Lane is proposed to intersect with Parkstone Street approximately 530 feet east of the
centerline of Blairmore Way.
c. Staff Comments/Recommendations: If the city of Meridian approves the private roads, the
applicant shall be required to pave the private roadways a minimum of 20 to 24-feet wide and at
least 30-feet into the site beyond the edge of pavement of all public streets and install pavement
tapers with 15-foot curb radii abutting the existing roadway edge. If private roads are not
approved by the city of Meridian, the applicant will be required to revise and resubmit the
preliminary plat to provide public standard local streets in these locations.
Street name and stop signs are required for the private roads. The signs may be ordered
through the District. Verification of the correct, approved name of the road is required.
ACHD does not make any assurances that the private road, which is a part of this application,
will be accepted as a public road if such a request is made in the future. Substantial redesign
and reconstruction costs may be necessary in order to qualify this road for public ownership and
maintenance.
The following requirements must be met if the applicant wishes to dedicate the roadway to
ACHD:
• Dedicate a minimum of 50-feet of right-of-way for the road.
• Construct the roadway to the minimum ACHD requirements.
• Construct a stub street to the surrounding parcels.
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.
6 MCZC-11-053 & MDES-11-032
7. .Other Access
Ustick Road is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway.
D. Site-Specific Conditions of Approval
1. Construct a 5-foot wide detached sidewalk on Ustick Road, abutting the site. Construct the
sidewalk a minimum of 42 feet from the centerline of Ustick Road. Provide an easement for any
segment of the sidewalk located outside of the right-of-way.
2. Construct Parkstone Street as a 33-foot local street section with 2-foot wide ribbon curb, 8-foot
wide drainage swales, and 5-foot wide detached sidewalk.
3. Construct Ginnala Lane as a private road, with pavement 20 to 24 feet wide and at least 30 feet
into the site beyond the edge of pavement. Ginnala Lane shall intersect with Venable Lane 220
feet south of the centerline of Ustick Road, and shall intersect with Parkstone Street 180 feet east
of the centerline of Blairmore Way, as proposed.
4. Construct NW 8th Lane as a private road, with pavement 20 to 24 feet wide and at least 30 feet
into the site beyond the edge of pavement. NW 8th Lane shall intersect with Parkstone Street 530
feet east of the centerline of Blairmore Way, as proposed.
5. Provide the District with a sidewalk easement for any sidewalk located outside of the right-of-way.
6. Correct any deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk
construction or replacement; curb and gutter construction or replacement; installation or
reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other
similar items on Parkstone Street, abutting the site
7. Payments of impact fees are due prior to issuance of a building permit.
8. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way.
2. Private sewer or water systems are prohibited from being located within the ACHD right-of-
way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be 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 ACRD
7 MCZC-11-053 & MDES-11-032
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
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 applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless awaiver/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. Request for Reconsideration Guidelines
8 MCZC-11-053 & MDES-11-032
MCZC-11-053 & MDES-11-032
Vicinity Map
Site Plan
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10 MCZC-11-053 & MDES-11-032
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
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 Counfy UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for a-mail notification information.
11 MCZC-11-053 & MDES-11-032
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.
~~ ~ ~a CO1~{Y:I~W i
^For ALL development applications, including those receiving a "No Review" letter:
• The applicant should submit one set of engineered plans directly to ACRD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACRD, 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 - Pennits 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 aPre-Construction Meeting an Erosion & Sediment Control Narrative & Plan,
done by a Certified Plan Designer, must be turned into ACRD 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 aPre-Con.
12 MCZC-11-053 & MDES-11-032
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.
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.
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.
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.
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.
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.
13 MCZC-11-053 & MDES-11-032