Loading...
HomeMy WebLinkAboutMedicap Pharmacy CUP "~----, CUP 04-020 July 15, 2004 MERIDIAN PLANNING & ZONING MEETING APPLICANT Larry Knopp ITEM NO. 9 REQUEST Public Hearing: Conditional Use Permit for a pharmacy in an L-O zone for Medicap Pharmacy - east of N. Ten Mile Road on north side of W. Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments CITY POLICE DEPT: CITY FIRE DEPT: See attached Comments 12t~~u~ fð fW(f ~ :r\~ JW ú\ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No Comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: No Comment See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: See attached Comments IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See letter from Ginger Cooper, See memo from Oscar Saavedra contacted:l;N { \ >- '(vìO ~ f Date: r ~ "tl.'\ Phone: :j:Slc'14lZ1- Emailed: r Staff Initials:' Materials presented at pubßc meellngs shall become properly of lIIe City 01 Meridian. MAYOR Tammy de Weerd j olf erl dl!C "\ IDAHO V LEGAL DEPARTMENT (208) 466-9272 'Fax 4664405 PUBLIC WORKS BUILDING DEPARTMENT (208) B98-55OO . Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird William LM. Nary Shoun Wardle Cha~es M. Rountree PLANNING AND ZONING DEPARTMENT (2OB) 884-5533. FAXeee.œ54 STAFF REPORT: Transmittal Date: July 9, 2004 P&z Hearing Date: July 15, 2004 To: Mayor, City Council and Planning & Zoning Commission RE C E IVE D S S'dd Prin . al PI ....J.. . - JUL 1 2 2004 teve 1 ow;¡.y, Clp anner"""'---- John Boyd, Engineering Technician II '746 City Of Meridian City Clerk Office From: Re: Medica» Pharmacy Request for a Conditional Use Permit for a new retail pharmacy in an L-O Zone, by Larry R Knopp (File No, CUP-O4-020). We have reviewed this S/lhmittal and offer the following comments, as conditions of the applicant, These conditions shall be considered in jùll, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION BACKGROJiND & SUMMARY The applicant, Larry R. Knopp, has requested approval of a conditional use permit (CUP) for a new 4,596 s.f retail pharmacy with a drive-through in the Lynwood Plaza project on Cherry Lane. A CUP is required for the drive-through use. The proposed building also includes space for a future office tenant. Lynwood Pia2a was preliminary platted (pP-03-013) mst year and approved on 8/26/03. The final plat was recently submitted and has its hearing on July 20, 2004. Until the final plat is recorded, the property is only eligible for a single building permit. A Certificate of Zoning Compliance has already been issued for building in the southeast comer of the project. However, the property owner has opted not to execute the building permit in favor of the Medicap Pharmacy project, which is the subject of this application. Retail pharmacies are not a listed use in the Zoning Schedule of Use Control. Medical clinics are permitted, but retail stores are prohibited. In an effort to clarifY the use, the applicant has submitted a letter with the application stating that the retail use will be limited to pharmaceuticals and related items, such as crutches and other medical supplies. General merchandise such as groceries, toys, and seasonal items will not be sold. As such, staff finds that the use closer to a clinic use than a retail store and is in harmony with the intent of the L-O zone. CUp.()4-020 Medicap Pbarmacy.CUP (JB) Planning & Zoning CommissionlMayor & City Council P&Z Hearing Date: July 15, 2004 Page 2 The outstanding issues for the Commission's consideration are noted in the Special Considerations section of this report. Upon resolution ofthose issues, staff recommends approval ofthe project with the conditions noted in this report. LOCATION The property is located on the north side of Cherry Lane, approximately 1/4 mile east ofTen Mile Road. SURROUNDING PROPERTIES North: Devlin Place Subdivision, zoned R-4. South: Haven Cove Subdivision, zoned R-4. East: Sunnybrook Farms Subdivision, zoned R-4. West: Sunburst Subdivision zoned, R-43. OWNER OF RECORD The property owner of record is Oakwood Enterprises, LLC, and they have given their consent for the applicant to submit the conditional use permit application. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit ifthey shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features as noted above. The building requires 18 parking spaces, as detailed by the applicant on the site plan; 20 spaces are provided. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Office," Staff finds that the proposed retail pharmacy and office uses are. harmonious with and in CUP.O4'{)20 Medicap Pharmacy.CUP (18) D. E. F. Cup.O4'{)20 Planning & Zoning CommissionlMayor & City Council P&Z Hearing Date: July 15, 2004 Page 3 accordance with the Comprehensive Plan. lithe project is approved as a CUP, it will meet the minimum requirements ofthe MCC, C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; Staff finds that the proposed Medicap Phannacy will not adversely change the existing or intended (office) character of the general vicinity. The proposed project boundary is surrounded on all sides by existing residential subdivisions, which may wish to comment on the drive-through use, The applicant should address any measures taken to minimize noise impacts on adjacent neighbors at the hearing. The project is in substantial compliance with the draft site plan submitted with the preliminary plat. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed pharmacy will adversely affect adjacent properties. However, the drive through may create noise impacts for adjacent lots. The applicant should address any measures taken to minimize noise impacts on adjacent neighbors at the hearing, such as hours of operation ofthe drive-through, low volwne speakers or handsets, etc. The Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. That the proposed use will be served adequately by essential public facilities aud services such as highways, street, police, and fire protectiou, drainage structures, refuse disposal, water, sewer or that the persou responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above. City water and sewer mains will be constructed within the Lynwood PlB2a project. Drainage will be retained on site. Trash enclosures have been provided on-site for refuse disposal; however the applicant should verify that it can be located over the N amp a & Meridian Irrigation District easement, as currently depicted. The applicant needs to coordinate with the Fire Department regarding the fire lanes. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed phannacy usage will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid Medicap PharrrulCY.CUP (18) Planning & Zoning CommissionlMayor & City Council P&Z Hearing Date: July 15, 2004 Page 4 for by the public. Staff is unsure as to the suitability of the other potential tenant, as this tenant is not disclosed on the application. However, if the tenant is a pennitted use in the 1-0 zone, it should not be detrimental. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the proj ect will be for fire and police services. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that no excessive traffic, smoke, fumes, glare or odors should result from the proposed medical office use. Refer to ACHD's report for additional infonnation on the traffic production. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. Please refer to ACHD comments for additional detail on this finding, as noted above. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SPECIAL CONSIDERATIONS I. Project Extent: The project extent for the Medicap Pharmacy is not depicted on the site plan. Site improvements will be required beyond proposed Lot 5 boundaries in order to provide full access and drive aisles to the project. Based on conversations with the applicant, it is staff s understanding that the entire parking lot is planned to be constructed at the same time. The applicant should address this issue at the hearing. 2. NMID Easement: The Nampa & Meridian Irrigation District (NMID)has an easement along the project's west boundary. This same area is considered a buffer between land uses for the existing Sunburst Subdivision to the west. This buffer is especially important given the proposed drive-through use, However, the trees depicted on tlte landscape plan are not usually allowed by NMID within their easement. The applicant should address this issue with NMID and be prepared to address the buffer at the public hearing. Also, the proposed Cup.O4'{)20 Medicap PluJrmacy.CUP (18) CUP-O4<J20 Planning & Zoning CommissionlMayor & City Council P&Z Hearing Date: July 15, 2004 Page 5 trash enclosure is also within the NMID easement. The applicant should verify that the easement is acceptable to NMID as proposed. 3. Settler's Requirements: Apparently the Settler's Irrigation District (SID) owns a ditch facility that runs near the project's southern boundary within the adjacent right-of-way for Cherry Lane. The applicant is disputing whether the SID's conditions of approval for a license agreement and associated fees should be made a condition of the project. The applicant should address this issue at the hearing. 4. Micropath Connection: Since the final plat is not recorded yet, this CUP is technically for the entire existing lot. Therefore, we would like to point out that the draft layout for the building in the northeast corner of the property does not show a sidewalk connection to the micropath stubbed from Devlin Place to the north. This connection must be made when said portion of the property is developed. 5. Parking layout: The proposed parking layout interferes with the future parking depicted north of the trash enclosure. The applicant should address the interface between the two projects at the hearing. 6. Landscaping: Several modifications to the site/landscape plans are needed to meet the requirements of the landscape ordinance as detailed in condition #2 below. CONDITIONS OF APPROVAL I. All surface parking shall conform to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles. 2. The landscaping is approved with the following modifications: . The row of parking north ofthe pharmacy drive through has a narrow planter on the west end. The planter must be widened to be at least 5 feet wide inside curbs and add a tree to the planter. . The row of parking east of the building has a narrow planter on the north end. The planter must be widened to be at least 5 feet wide inside curds and add a tree to the planter. Also add a tree to the planter on the south end ofthe parking row. . The street buffer along Cherry Lane requires 4 trees; two trees are currently shown. Add two more. . The buffer between land uses must be enhanced on the west side of the proj ect to include additional trees so that the trees will touch at maturity to provide a screen. IfNMID will not allow the trees, a method of alternative compliance must be proposed. Medicap P1uJrmacy.CUP (18) CUP-O4-O20 Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 15, 2004 Page 6 3. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11- 17-4.B. 4. Applicant must comply with the conditions of the plat for Lynwood PIB2a. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction that has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 10. Sanitary sewer and water service shall be via existing service lines to be installed as part of the Lynwood PIB2a project. 11. Underground vear-round pressurized irrigation must be provided (ITom an existing system) to all landscape areas on this site. 12. Submit 10 copies of a revised site and landscape plan to the City Clerk's office at least 10 days prior to the next public hearing on this application. Moo;cap Pharmacy.CUP (JB) Planning & Zoning CommissionlMayor & City Council P&Z Hearing Date: July 15, 2004 Page 7 FIRE DEPARTMENT I. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c, Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal & external roadways. 6. Insure that all yet undeveloped parcels are maintained fÌ"ee of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are combustible construction begins. required before 8. Building setbacks shall be per the Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Commercial and office occupancies will require a fife-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 11. The fife department requests that any future signali2ation installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer CUP-O4.Q20 Medicap Pharmacy.CUP (rn) CUPcO4.{)20 Planning & Zoning CommissionlMayor & City Council P&Z Hearing Date: July 15, 2004 Page 8 12. Maintain a separation of5' ITom the building to the dumpster enclosure. 13. Provide a Knoxbox entry system for the complex. 14. Paint the curb red at all fire lanes and provide signage "No Parking Fire Lane". 15. The first digit of the Apartment/Office Suite shall correspond to the floor level. 16. All portions of the buildings located on this project must be within 150' ofa paved surface, POLICE DEPARTMENT: I. The Police Department has no concerns related to the site design submitted with the application. SANITARY SERVICES CORP.: I. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 10 ft. clearance inside of the enclosure gates with the gates in the open position. 2. The applicant shall verify that the trash enclosures will be approved by NMID in the location depicted on the plans submitted with the application, 3. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. PARKS DEPARTMENT: I. Connect the project to the micropath stub fÌ'om Devlin Place Subdivision when the building in the northeast comer develops. RECOMMENDATION Staff recommends approval ofthis application with the aforementioned conditions of approval. Medicap Pharmacy.CUP (JB) "'MU~ TAMMYDEWEERD COUNCIL MEMBERS WilliAM LM. NARY KEITH BIRD CHARLIE M. ROUNTREE SHAUN WARDLE RURAL FIRE COMMISSIONERS RICHARD GREENE TERRY LEIGHTON o~"..~~., '"~ j olf~di.!C '\ ~ IDAHO / ~~-~4m MERIDIAN CITY/RURAL FIRE DEPARTMENT DEPUW CHIEF - TRAINrNG BrLLJOHNSON 540 East Franklin Road Meridian. ID 83642 (208) 888,1234 Fax (208) 895-0390 June 22,2004 TO: FROM: SUBJECT: , -_.~._- , _.. -"'._, .,.., '.. R,E(;EIVED JUN 2 3 2004 Meridian Planning & Zoning Commission Joseph Silva, Deputy Chief, Fire Prevention CUP 04-020 Medicap Pharmacy City OfMerídian City Clerk Office The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: I. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 4. All portions of the buildings located on this project must be within 1 SO' of a paved surface as measured around the perimeter of the building. ~ & ~ 1~'2)idIUa 1503 FIRST STREET SOUTH NAMPA, IDAHO S3651 ,4395 FAX # 208.463,0092 21 June, 2004 Phones: Areo Code 208 OFFICE: Nompo 466-7S61 SHOP: Nompo 466,0663 William G, Berg If. City Clerk City of Meridian , ,~ 3 3i_~W'! Meridian, ID 83642 RECEIVED JUN 2 5 200~ RE: CUP 04-020 Medicap Pharmacy City of Meridian City Clerk Office Dear Will: Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The District's Rutledge Lateral courses along the south and west boundaries of this proposed project. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site, If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Thank you, 1ð$1I ~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: Water Superintendent I.;orry Knopp/LRK, 355. S.; third St, ~te. C~ Boise, ~.F7Qf." file-Office/Shop'..."" APPROXIMATE IRRIGABlE ACRES RIVER FLOW RIGHTS 23.000 BOISE PROJEG RIGHTS, 40,000 ~&~Joá une RECEIVED JUN 2 5 200~ Phones: Areo Cod. 208 OFFICE: Nompo 466,7861 SHOP: Nompo 466.0663 ¡ / J- 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.463,0092 Engineering Northwest 423 N. Ancester Place Boise, ID 83704 City of Meridian City Clerk Office 'RE-[änaUseCflang8A1J"plicatiOn.:,.MedicaÞ. Pharm8\iliV-. , _u_. .-.-. Please note the District now reauires three (3) sets of plans To Whom It May Concern: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions conceming this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, !..~.t ~~,,~ NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Larry R. Knopp, Architect; 355 South 3rd Street, Boise, ID 83702 Oakwood Enterprises, LLC, 114 E. Idaho, Suite 230, Meridian, ID 83642 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS, 23,000 BOISE PROJEG RIGHTS. 40.000 SETTLERS' IRRIGATION DISTRICT rcopy POBOX 7571 "HONE. 344-2471 BOISE. IDAHO 83707,1571 FAX: 343,1642 June 28, 2004 RECEIVED JUN 2 9 2QO1t City af Meridi:an City Clerk office Larry Knopp LRK Architect 355 South 3" Street Boise, Id 83702 -'._----_._-- - Re: CUP 04-020 Conditional Use Permit for Medicap Pharmacy Dear Mr. Knopp: After review ofthe CUP of the above-mentioned application Settlers Irrigation District requests the following: I. All irriga1ion/drainage facilities along with their easements must be protected and continue 10 function. The facility is the Settlers Canal (30'easement). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site If you have any questions please call 343"5271. ~ Nathan Draper, Manager Settlers Irrigation District Enclosures Cc: Will Berg, City of Meridian (w/o enclosures) Bruce Freckleton (w/o enclosures) Scott Campbell (w/o enclosures) RECEIVED¿ - )3-0'/ JUN 2 9 200't . ~g~.CyotMerjdja~'. ! ~m~ ~;--- --:; r . T ~ -_uJ......,-~ ¿Þ/ Q-fo.~'::,. ~f~.. ,I 1.: ~ --I-(}^ -~,Jl-. êJ¡ Jd~-"~'AA~./G~~~~;:-~~~I............ ,VJ..r::L.UJ:...^ ..-..."".l ~ G!lYJ ¿~Oi/-~.- ,.---(1'-'1 -~.-4, :¿~-:~~- . ~~+~~:'~~;;~a¿c=-j _J~'~Mnto-.J1..'.~/d-;.~Í-;ï ~...... . '..:.M.... .......~_^-...I -~ "!!;w t.:~/ '- ~ ~tk-- -,..:.4-.....--Þfi4d.-.;;¡, J1Q.. (fì4.-.-ßo.f~L~...---.....cL._-...-.....---I - tlA ~:; 'dp~\¿;jJ.L~ ¡f ~- ......~,=_~_~_d~ ~~¿;l .ßD... ~..~. . u- ~~11!d:.,"_'.L_----;:..'._"--.-...-..-.-._..1 -71rl- --- -~-- -I -LL, ~ t ~ i1£, J.vJ .t.cdL'if ~ - -- ~-¡-:JV (;--lJ?-lli-~IL!r:-_- (fs1uJl- ----l ~j :::-r:¡/4~r~:;; ÚÆ=&~-= 03VE1:J]5I ~L1f;\ C~. vi:;!- ~ . --------~~~~;'~~~~~tC) "'~",)~h £-~- 0 "Cb---~ -.flL2~ ~.ro 'lL~ w.RßJ2 n -. ~-, ----- ::. - n-------JJdl J{ eß ~~ - ~-êk tc;j~£.~.L- - - . - -------- __-__n- . - ------_.:::.~~=~=- -~ - í ! - -. . ___00___'_- ~_n._- ' -~.- .-.----.- ! ---! ! ì ---i I _._-~--J --. . - ----- -------.--- . -----------' . ..e.__':'-- - '----1 ~---- --__I -- ._~-"--'---- -~-- -------_.J - - - RECEIVED JUN 2 9 2OO't ; C,ity of Meridi~n ~ ;;2 3_-0 . ~:_-: :~~;;~:~-~~1:-~-~-=-=: .-d::-1k~~-.(j)l-F6 ... =lL{........._-_J .~~~~~~ :2ii~--=--=: ß~.- i ~.==tL~=M_ih:&~~~ --=' ~~~~= :: =- .~:;i£f:.~ = -- ~-~. . Î .- - ---_._-------------_. ------.--- -------------------... ---------- -----------------.------------- --.------- . ------- . - -------- -_.. -- --.-.-. --- ------------------ -------------- -----_u_-.--------------------.. Pagel of I Tara Green From: Oscar Saavedra [oes@netboise.com] Sent: Tuesday, June 15, 20041:34 PM To: greent@melidiancity.org Cc: siddowas@melidiancity,org Subject: Medicap Pharmacy REC E lVE T) JUN 1 52004 Project: #CUP-Q4-020 City Of Meridifjn City Clerk Office Tara, I am writing this note with regard to The Medicap Pharmacy submittal for conditional use which will be heard on July 15. We had written a letter to Steve Sediway which he had requested on June 3rd, In the letter we addressed two items Steve was concerned about. Upon doing as he requested, we later copied our clients and they were concerned about the wording of one item. This Item addressed the fact that this pharmacy would be operated to selVe medical clinics and would not be retail. The retail portion of this statement is were the confusion was created. The pharmacy will not be retail in the sense that of a Wallgreen or Rite Aide, but will be retail in that Medicap will sell medical related products, ie: vitamins, crutches, canes, ate, I have spoken to Steve about this matter and he suggested this correspondence, Please place this letter in the project folder for review, Sincerely, Oscar E, Saavedra Planner-Designer 6/15/2004 ....... CUP 04-020 July 15, 2004 MERIDIAN PLANNING & ZONING MEETING APPLICANT Larry Knopp ITEM NO. REQUEST Public Hearing: Conditional Use Permit for a pharmacy in an L-O zone for Medicap Pharmacy - east of N, Ten Mile Road on north side of W. Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Mate~als presenled al public meetings shall become properly of Ihe City of Meridian. CD~ I~ TEN MILE w 0 0 0) 0 0 ~ ~ u CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET August 5, 2004 ITEM # 11 DATE PROJECT NUMBER CUP 04-020 PROJECT NAME Medicap Pharmacy NAME (PLEASE PRINT) FOR AGAINST NEUTRAL \\a ¡'^ c---- X \ ro/\ ê - CUP 04-020 MERIDIAN PLANNING & ZONING MEETING July 15, 2004 APPLICANT Larry Knopp ITEM NO. 11 REQUEST Public Hearing: Conditional Use Permit for a pharmacy in an L-O zone for Medicap Pharmacy - east of N. Ten Mile Road on north side of W. Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See previous Item packet CITY PLANNING DIRECTOR: CITY ATTORNEY ~omVY\W\ðv Î*-{JprovaJ.; ~ Cfu 1'Û CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ]SC C>J SO-C\. \j t ðJ 0-- Emailed: Date: ~,)-tJ~ Phone::> 3( ( - (tf/ q Staff Initials: AA . Materials presented at pubUc meeHngs shaU become properly of the City of Meridian. .--;;a.a.-. '~.' Ada County Highway District John S. Franden, Presidenl Dave E. Wynkoop 1st Vice President Susan S. Easllake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner 377S N. Adams Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.ld.us July 1, 2004 TO: Larry Knopp 355 South 3rd Street Boise, Idaho 83702 RECEIVED JUL 1 9 200~ SUBJECT: MCUP04-020 Pharmacy with a drive up lane Cherry Lane east of Ten Mile Ro~d City Of Meridian City Clerk Office On June 10, 2003, the Ada County Highway District Commissioners acted on MPP03-013/MCZC03- 036 for Lynwood Plaza Subdivision. The conditions and requirements also apply to MCUP04-020. If you have any questions or concerns please feel free to contact this office at (208) 387-6171. Sincerely, (\n, ILl .~~ Jo~~ewton Development Analyst Right-of-Way & Development Services CC: Project File, Drainage/Utilities/Construction Services Lead Agency: City of Meridian Oakwood Enterprises LLC 114 East Idaho Street, Suite 230 Meridian, Idaho 83642 Engineering Northwest 423 North Ancester Place Boise, Idaho 83704 ;;;;::;:11=";;;1';: g; ¡'U'I" ",,:,!:;¡ ¡i'jlhir. :h;~'¡ iJ 0 :1. ",ft'! ~~HJU ¡;j 1:!!fJ iI¡1W!Ji¡i~J ¡¡j '" ;1'1 II!.", i if ¡ ;1 ¡ :¡~~:" f'!~lf!~ ¡ "1 '¡'IP Ii.! i" 'i~¡i! !~!¡~~!~i~ & P I! HPhJ U! ¡I I P . ,~ i.B ¡ ¡ hi EAGLE ROAD ì ~ H:!P j fiil: ! m ~ Z .Ii to.i,i"'¡"U'i"'¡¡ '" i !!I~r !!I~r' WH UI!III'dil i ¡i! ! ¡"to IIi. " ,Ii ~ ;"""'1"';' : I,; '" g¡ ..' ,-,:8 -"oR i > q ii" i~i'i HH II¡ >' ! 18,: ~J" ' "....,,¡' ¡~"-¡.,-,,!! 'm-- ¡ I'!, j' ¡ i .~ ' ¡ ¡! ¡ . i ! ¡I 0, 1. ~ I !liIF" I' Ill" ~ II!! !i ! pI Iii I!il! j ~ ¡I! ¡iI! .~ r 0 '" c ;II m m r ~ ~ F~ì!' .r r § II III 'I !' . !¡ ¡ ¡~; ~ ~. ~~: ~õî F~ 0 r 0 '" c ;II m pi ~~ '1' I!~ ¡¡;¡ IIz Ii i . , -,-,J ~~~ ~- ""'~~D II II Development Process Checklist I8ISubmit a development application 10 a City or 10 the Counly I8IThe City or the Counly will transmit the developmenl application to ,ACHD I8IThe ACHD Planning Review Division will receive the development application to review I8IThe Planning Review Divisinn will do one of the following: OSend a "No Review" letter to Ihe applicant stating that there are no site specific requirements at this time. ; I OSend a "Comply Wrth" Jetter 10 the applicant stating that ifthe development is within a platted subdivision or part of a previous development application and that the site specific requirements !Tom the previous development also apply to this development application. OWri1e a Staff Level report analyzing the impacts of the development on Ihe transportation system and evaluating the proposal for its confonnance to District Policy. OWri1e a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its confonnance to District Policy. OThe Planning Review Division will h~ld a Tecbnical Revi~ meeting for all Staff and Commission Level reports. OFor ALL development applications, including those receiving a "No Review" or "Comply With" Jetter: The applicant should submit two (2) sels of engineered plans directly 10 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 archÜectural plans may be submitted for purposes of impact fee calculation.) The applicant is required 10 get a permit !Tom Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. OPay Impact Fees prior to issuance of building penni!. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) 0 Driveway or Property Approacb(s) Submil a "Driveway Approach Request" fonD 10 Ada County Highway District (ACHD) Construction (for approval by Developmen1 Services & Traffic Services). There is a one week turnaround for this approval. 0 Working in tbe ACHD Righl-of-Way Four business days prior 10 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) 0 Sedimenl & 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. 0 Idabo Power Company Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. 0 Final Approval rrom Development ServIces ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. Figure I ---I ADA COUNTY HIGHWAY DISTRICT Planning and Development Division - Development Application Report Prelimin¡¡ry Plat - Presidential/MPFPOO-002 3-lot commercial subdivision An application has been submitted to the City of Meridian for approval ora prelimin¡¡ry/final plat. The application has been referred to ACHD by the City of Meridian for review and comment. The 10.99- acre site is located at the southeast comer of Presidential Drive and Eagle Road. This development is estimated to generate 4,000 additional vehicle nips per day based on the Institute of Transportation Engineers Trip Generation manual. This site and the associated nip generation was included in the original approval of the Meridian Family Center. , I / None of the site specific requirements have changed ITom the original report (MCUP-17-98). Roads impacted by this development: Eagle Road Presidentiel Drive Pine Avenue Fairview Avenue ACHD Commission Date - August 23, 2000 - 7:00 p.m. LU -' ~ LU Q f ZI > W*E S ~ Presidential Sub.cmm I Facts and Findings: A. General Infonnation - Own~::DevéYópers Div;;:;¡fiéd Applicant - Tom Bauwens, Dakota Company I-L - Existing zoning 10.99 -Acres 3 - Proposed building lots 0 - Total lineal feet of proposed public streets 145 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District EaRle Road (State Hi!Ùlwav 55) Principal arterial Traffic CO\lßt of39,019 on 5-9-00 E-Existing Level of Service F-Existing plus project build-out Level of Service 750-feet offtontage 140-feet existing right-of-way Comply with lID right-of-way requirements , Eagle Road is improved with a 5-travellanes and no curb, gutter or sidewalk abutting this site. Eagle Road (SH-55) is under the jurisdiction of the Idaho Transportation Department (ITD). Presidential Drive Local/commercial street No CUITent traffic count available 650-feet of ftontage 69-feet existing right-of-way No additional right-of-way required The applicant previously made improvements to Presidential Drive by constructing the westbound approach at the Eagle RoadlPresidential Drive intersection to proyjde two westbound travel lanes, and one eastbound lane. Pine A venue (not vet built) Col1ector with bike lane designation No traffic count available 660-feet offtontage 48-feet existing right-of-way No additional right-of-way required Pine Avenue between Eagle Road and Cloverdale Road is included in the Five Year Work Program. Presidential Sub.cmrn 2 -------j Do'eted., ----::J Fairview Avenue Principal arteria] Traffic count of25,6]0 on 5-9-00 (e/o Eag]e Road) Traffic count 000,081 on 5-9-00 (w/o Eag]e Road) C-Existing Level of Service F-Existing plus project build-out Level of Service O-feet offronlage Fairview A venue is improved with 5-trave] lanes. There is sidewalk abutting the Family Center site. B. I ,On September 23,1998, the ACHD Commission reviewed MCUP-17-98, a conditional use application for an 848,000-square foot retail shopping center on 74.74-acres, The entire site, including this portion was estimated to generate 26,950 vehicle trips per day at ful1 build-out. This site was included as part of the original application. This report reflects the requirements that pertain to this 1O.99-acres of the overal1 site. The original staff report is included with this preliminary plat report, and includes the original traffic study conducted for the entire site. C. Eag]e Road (State Highway 55) is under the jurisdiction ofldaho Transportation Department (ITD). Application materials should be submitted to lID for review and requirements of that Department and the applicant should submit to the District a letter from I1D regarding said requirements prior to District approval ofthe final plat or issuance of a building pennit (or other required permits), whichever occurs first. The applicant may contact District ill Traffic Engineer Lance Johnson at 334-8340.' ' D. Eagle Road traffic volumes have increased an average of 16% over the last seven years. Traffic has increased an average of 20% over the last four years. The APA mode] assumes a4% annual growth rate until the Year 20]5. While it is unlikely that the 20% growth rate will be maintained, the APA forecast is likely low, based on observed development rales and counts. E. The preceding analyses identified the following public street improvemen1S needed to accommodate the additional traffic created by this project and the nonna! growth ofbackground traffic (pertaining to this current site): A. B. Construct a traffic signal at the Eagle Road/Pine A venue intersection. Construct dual southbound left turn lanes on Eagle Road at the Pine Avenue intersection. Construct dual westbound left turn lanes on Pine A venue at the Eagle Road intersection. Construct Pine Avenue 28-feet wide from Eagle Road east to the eastem property line of this project. Two lanes are needed from the westem driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. C. D. Presidenti,1 Sub.cmm 3 Depending upon the magnitude and direction of project development, s1aff determined thaI it was possible to implement the needed improvements in phases. The following table identifies the threshold level of development at which each improvement is needed. Some of these improvements have been constructed with previous development, and some are currently underway. THRESHOLD VALUES FOR SITE SPECIFIC IMPROVEMENTS ... Needed Improvement.. Threshold Value .al Which Il1Jproveme~t is Re.quired Dualleft-tum lanes and right- X Needed after 450,000' GSF of buildings are constructed. lurn lanes at (currently underway) Eag1e/Fairview Signal at RecordsIFairview X Needed at start of development north of Florence Street. (previously constructed) Dualleft-turiI lanes at X Needed at start of development north of Florence FairviewlRecords (on Street. Records) X Developer required to dedicate 6-feet of right-of-way within 500-feet of Records intersection for future addition of dual left-turn lanes on Fairview by ACHD or others. (previously construclcd) Signal atEaglelPine X Needed at start óf development smith of Presidential Drive. (required witb tbis developmeut) - Dual left-turn lanes on Eagle at X Needed at start of development south of Presidential EaglelPine Drive. (required witb this developmenl) Dual1eft-turn lanes on Pine at X Needed at start of development south of Presidential EaglelPine Drive. (required with Ibis developmenl) Construct Pine east of Eagle X Needed at start of development south of Presidential Drive. (required wi1b Ibis developmenl) Construct dece1eration lanes at X Needed at start of development. (previously the Eagle Road accesses constructed) Construct third eastbound lane X Needed after 450,000 GSF of buildings are constructed. on Fairview west and east of (curreutly underway) Eagle F. Fairview Avenue and Pine Avenue are ACHD classified roadways and, as such, would be eligible for the use of impact fee revenue to increase their capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). Idaho Code also allows the use of road impact fee revenue on State Highways, such as Eagle Presidential Sub,cmrn Page 4 Road for capacity enhancement. Only one of the improvements reconunended by the traffic impact study, the EaglelPine signal, is included in the FYWP. Some of the recommended improvements will be necessary in the future to acconunodate traffic growth wilhout the traffic that will be generated by this proposal, and the District would be constructing those improvements at the appr~priate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those improvements. Staffhas evaluated the relative benefits that will be realized by the general traveling public from the various reconunended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: 1. 2. SVBlem Immovements are capital improvements other than a site-related improvement which is a public facility and is designed to provide service to the conununity at large. The costs of these improvements would be offset from the Road Impact Fees for Ihe proj ect, No system improvements are required with this application, as they have been constructed with MCUP-17-98, or are currently underway as part of that application. Site-related immovements are capital improvements or right-of-way dedication for direct access to and/or within the proposed project or development. The costs of these improvements, as related to this application, must be borne by the developer of the project: a. Construct a traffic signal at the Eagle Road/Pine A venue intersection - the District should provide the materi~ls, and the developer should install the signal. Part ofthe expense of the road construction is the Distric\=s responsibility because it will be slightly more than the development actually requires. The provision of the signal equipment by the District will balance that expense. The signal will include provision for Opticom equipment. Construct dual southbound left turn lanes on Eagle Road and matching shadow striping or median at the Pine Avenue intersection. Construct dual westbound left tum lanes on Pine A venue at the Eagle Road intersection. Construct Pine A venue from Eagle Road east to the eastern property line ofthis project. The street section will consist of four lanes at Eagle Road east to the full access driveway into the retail center. From that point east to the property line, the street section will consist of 28-feet of pavement with two 3-foot wide unpaved shoulders. - Construct a five-foot sidewalk on Eagle Road abutting the site. b. c. d. e. District policy states that direct access to arterials and collectors is nonnally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement among all of the lots in the subdivision for access to the public streets prior to final plat approval. G. H. District staff is extremely concerned with internal site access and the possible traffic conflicts within the site and on the adjacent residential subdivision. Staffbelieves that an improved internal site circulation system should be designed to minimize those impacts. The proposed Presidential Sub.crnrn Page 5 system could include on-site travel routes parallel to Eagle Road and Pairview A venue to improve access to the!wo signalized intersections of Pine AvenuelEagle Road and Records DrivelFaimew Avenue, but should not be immediately in front of the stores. After discussing this issue with the applicant and his representative, the applicant proposed the following two modifications 10 the site plan to reduce the impacts on the residential streets and the access road directly in front of the stores: I. Locate a second driveway on Pine Avenue, 175-feet east of Eagle Road, and lengthen the on-site stacking served by this driveway to a minimum of 50-feet to open up the parking area at the southwest corner ofthe site. This would allow the vehicles parked in this area additional access to Pine Avenue without using the drive aisle immediately in front of the stores. Design additional access aisles in the northwest corner of the site to provide better access to the western driveway on Paimew Avenue. This will provide additional access to much of the parking area in this part of the site to minimize the traffic attempting to drive 10 the signalized intersections of Records A venuelFaimew A venue and Pine AvenuelEagle Road. 2. Staff is of the opinion that additional site plan corrections are necessary to provide adequate on- site circulation. The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers@ states that a shopping center of this magnitude should be constructed with a "ring road" or frontage road near the circumference of the site to expedite the movement ,of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the!wo signalized intersections with the arterial system. Additional access aisles parallel to Paimew Avenue and Eagle Road would partially satisf'y the need for a frontage or ring road. During the Commission meeting, the Commission discussed the merits of expanding the access aisle configuration to function as a continuous vehicular way from Records Drive to Pine A venue. This way would be interrupted by crossings ofthe driveways in10 the site and Presidential Drive, but would greatly increase ease of access to the !WO signalized intersections serving the site (Records and Pine). The Commission agreed with sta!fthat such opening of the access aisle was necessary and would be included as a Site Specific Requirement. I. The applicant has previously constructed these improvements to Presidential Drive: westbound approach at the Eagle RoadlPresidential Drive intersection to provide !WO westbound travellanes. western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. full access driveway on Presidential Drive, 340-feet east of Eagle Road. The driveway width should be limited to 30-feet. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway=s intersection with Presidential Drive. full-access driveway connection to Presidential Drive at the midpoint be!ween Eagle Road and the project roadway in fronl of the stores. The minimum storage length Presidential Sub.cmm Page 6 shou1d be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway=s intersection with Presidential Drive. full access driveway on Presidential Drive as proposed 620-feet east of Eagle Road. The driveway width should be limited to 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway=s intersection with Presidential Drive. 1. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. K. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. L. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. M. In order to reduce trips to and from this development il is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. . Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more infonnation contact Pat Nelson at 387-6160 for further infonnation. N. In order to reduce trips to and from this developmenl, it is recommended thaUhe tenants occupying the proposed building(s) be required to participate in any Trarisportation Management Association (TMA) or Transportation Management Organization (TMO) that is fonned with a boundary that includes this site or is adjacen1 to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is fonned with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and wallGng enhancements). An annual survey will be required of the TMNTMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. O. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. Recommendations: Special Recommendations to the City of Meridian: Presidential Sub.cmm Page 7 1. The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers states that a shopping center of this magnitude should be constructed with a ring road or ITonlage road near Ihe circumference of the site to expedite the movement of on-site traffic. ThaI consideration is especially important in this situation because of the great distances ITom some parts ofthe center to the two signalized intersections with the arterial system. The applicant should be required to revise the ~ite plan to provide intemal site circulation equivalent to a public street system to ensure that intra-site circulation does not use the public street system to circulate through the adjacent subdivision to gain access to the signalized intersections on Eagle Road and Fairview Avenue. The on-site system should roughly parallel Fairview Avenue and Eagle Road but should no1 be located immediately in ITont of the slores. Opening of access aisles located 100-feet or more away ITom and parallel , with Fairview A venue and Eagle Road will fulfill this requirement. The access aisles should be as direct as possible and provide a means of driving a vehicle ITom Records Drive to Pine Avenue withou1 interruption except at the major driveways into the site and at Presidential Drive. Coordinate the inlema] roadway design with District staff. I ! 2. In order to reduce trips to and ITom this development it is recOiTUnended that tenants occupying the proposed building consider fonnation of an Altemative Transportation Program. Commuteride staff will coordinate the Altemative Transportation Program with the applicant. For more infonnation contact Mrs. Pat Nelson at 387-6160. 3. In order to reduce trips to and ITom this development, the tenants occupying the proposed building( s) are urged to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is fonned with a boundary that includes this site or is adjacent to this development. The District would appreciate the fonnation of such an entity by this complex. Special Recommendations to ITD: 1. The applicant should be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the EaglelPine intersection., The northbound left- turn lanes are not directly usable by the development. However, they may reduce congestion caused by trips to/lTom the development and are needed to "shadow" improvements at the, Pine A venuelEagle Road intersection. 2. The applicant should construct a five-foot sidewalk on Eagle Road abutting each development phase prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk should be approved prior to issuance of a building permit. The following Site Spedt'lc Requirements and Standard Reqniremenls must he mel or provided for prior 10 ACHD approval Dfthe final plat: Site Specific Requirements: 1. Comply with all requirements associated with MCUP-17-98, as approved on September 23, 1998. Presidential Sub.cmm Page 8 2. Comply with requirements ofITD for Eag]e Road (State Highway 55) !Tontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance ofa buildingpemllt (or other required pennits), whichever occurs first Contact District ill Traffic Engineer Lance Johnson at 334-8340. 3. Prior to final plat approval, the applicant shall enter into a development agreement for the design and construction of the traffic signal at Eagle Road and Pine A venue, and any associated improvements, The applicant shall provide and instal] Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signaJ installation. The District will provide the materials for the signal (with the exception ofthe Opticom device) as its share of the entire Pine Avenue construction !Tom Eagle Road to the east boundary of the development. The District will also provide signa] inspection, and will contribute a portion of the design fe~. Submit the signal design to District staff for approval prior to construction. The applicant shall also widen the approach to Eag]e Road to provide two westbound left turn Janes, and one westbound through/right-turn lane. Should the ACHD roadway project to extend Pine Avenue !Tom Eag]e Road to Cloverda]e Road occur prior to this development, all features related to Pine A venue are to be constructed by the applicant prior to final plat approval, or the cost therefor paid to the District. Specifically,.this includes the extra left-turn Janes onto and off of Eagle Road and into the full access driveway !Tom Pine A venue in10 the development. 4. Prior to final plat approval, construct Pine Avenue as a 28-foot street section !Tom the project=s eastem property line to Eagle Road abutting the entire subdivision. Coordinate the roadway design with District staff. 5. Prior to finaJ plat approval, construct a five-foot sidewalk on Pine Avenue !Tom the project=s eastem property line to Eagle Road abutting the entire subdivision. 6. Construct a right-in/right-out driveway on Pine Avenue a minimum 175-feet east of Eagle Road, limited to a driveway width of30-feet. The minimum storage lengtb shaJl be IOO-foot Instal] a 36" by 36" high intensity STOP sign at the driveway=s intersection with Pine A venue. A median is]and shall be installed in Pine A venue !Tom the stop bar at Eag]e Road toa point 50- feet ,east of the driveway. 7. Construct a full access driveway on Pine A venue as proposed approximately 340-feet east of Eag]e Road, limited to 30-feet of driveway width. The minimum storage length should be 100- feet. Install a 36" by 36" high intensity STOP sign at the driveway=s intersection with Pine Avenue. Presidential Sub.cmm Page 9 8. Construct a fun access driveway on Pine A venue as proposed approximately 620-feel east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by 36" high inlensity STOP sign at the driveway=s intersection with Pine A venue. 9. Other than the access points specificany approved with this application, direct lot or parcel access to Pine Avenue is prohibited. ' 10. Other than the previously approved driveways on Presidential Drive, direct lot or parcel access to Presidential Drive is prohibited. The approved driveways shall be: located 175-feet east of Eagle Road. The driveway width shan be limited to 30-feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway=s intersection with Presidential Drive. located at the midpoint (340-feet ftom Eagle Road) between Eagle Road and the project roadway in ftont of the stores. The driveway width shan be limited to 30-feet, with the minimum storage Ier¡gth of 50-feet. Install a 36" by 36" high intensity STOP sign at Ihe driveway=s intersection with Presidential Drive. located 620-feet east of Eagle Road. The driveway width shan be limited to 30-feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway=s intersection with Presidential Drive. I 11. Prior to any occupancy within Presidential Subdivision, construct and instan traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. 'Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 12. Create a vehicular way behind the pads ftonting on Fairview Avenue and Eagle Road (approximately 1OO-foot into the site) to connect Records Drive and Pine Avenue. Instan curb returns at the inlersections of this vehicular way with Records Drive and Presidentia1 Drive. Instan STOP signs on the access aisles intersecting with this vehicular way and instan STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. 13. Provide a recorded cross access easement among all of the lots in the subdivision for access to Ihe public streels prior to final plat approva1. ' Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shan be made in writing to the ACHD Planning and Development Supervisor. Thereauest shan snecificanv identify each reauiremenl to be reconsidered and include a written exnlanation ofwhv such a reouirement would result in a substantial hardshin or ineouitv. The written reauest shan be submitted to the District no later than 9:00 a.m. on the dav schedu1ed for ACHD Commission aetion. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Presidenti,¡ Sub.conn P'ge 10 Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item ITom Ihe consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those iterns will be acted on by the Commission unless removed ITom the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideratibn of the Commission's action shan be made in writing to the Planning and Development Supervisor within six days ofthe action and shall include a minimum fee of$11 0.00. The reouest for reconsideration shan soecificallv identifv each reouirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request forreconsideration will be heard by the District Commission at the next regular meeting ofthe , Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. I ! 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All desigu and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supp1ements, Construction Services procedures and all applicahle ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shan prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in confonnance wilh all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) 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. ' 8. 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 confinnation of any change ITom the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject ofthis 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 applicanl or its successors in interest advises the Highway District of its intent to change the planned use of the subject Presidential Sub,cmm rage 11 property unless a waiver/variance of said requirements or o1her legal relief is granted pursuant to the law in effect at the time !he change in use is sought. Conclusion of Law: I. ACHD requirements are intended 10 assure that the proposed use/development will not place an undue burden on !he exisling vehicular and pedestrian transportation system within !he vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Commission Action: Plannina and Develonment Staff Auaust 23. 2000 Presidential Sub.cmm Page 12 KNOPP BROWN ARCHITECTS 2"""'4"2247 Po"" l.ny"""",,~7I<I40h2"' pe ) fY\~ GAp. -¡ -I'r ..01 JUL 21 '134 11:33 21383432247 PAGE. 133 .J;;;aa.-", '~Þfjj'- "- Ada County Highway District John S. Franden, President David E. Wynkoop, 1st Vice President Susan S. Eastiake, 2nd Vice President Sherry R. Huber, Commissioner David Bivens, Commissioner 3775 N Adams Slreet Garden City 10 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-maii: tellus@ACHD.ada.id.us Larry Knopp 355 South 3rd Street Boise, Idaho 83702 Subject: Address: Project: MCUP04-020 Cherry Lane, east of Ten Mile Road Pharmacy with a drive up lane RECEIVED JUL 3 0 2004 Cily of Meridian City Clerk Office Dear Applicant, I must apologize for the mix up on your application. I simply attached the wrong staff report to your letter. I have attached the correct staff report. Please discard the previous mailing. This error will not hold up your project, because the error has been corrected before plans were submitted to the District. I have also submitted the correct report to the City of Meridian along with this explanation. Sincerely (\MtsL -Yì~-bn Joyce Newton Development Analyst Right-of-Way and Development Services CC: Project File, Construction Services, Drainage, Utilities Lead Agency: City of Meridian Oakwood Enterprises LLC 114 East Idaho Street, Suite 230 Meridian, Idaho 83642 Engineering Northwest 423 North Ancester Place Boise, Idaho 83704 ....~-... ~"-""'79"~ .~ Ada County Highway District John S. Franden, President Dave E. Wynkoop 1st Vice President Susan S. Eastiake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner 3775 N. Adams Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us July 1, 2004 TO: Larry Knopp 355 South 3rd Street Boise, Idaho 83702 SUBJECT: MCUP04-020 Pharmacy with a drive up lane Cherry Lane east of Ten Mile Road On June 10,2003, the Ada County Highway District Commissioners acted on MPP03-013/MC2C03- 036 for Lynwood Plaza Subdivision. The conditions and requirements also apply to MCUPO4-020. If you have any questions or concerns please feel free to contact this office at (208) 387-6171.' Sincerely, ~'ILl ~~ Jo~~ewton Development Analyst Right-of"Way & Development Services CC: Project File, Drainage/Utilities/Construction Services Lead Agency: City of Meridian Oakwood Enterprises LLC 114 East Idaho Street, Suite 230 Meridian, Idaho 83642 Engineering Northwest 423 North Ancester Place Boise, Idaho 83704 .""""°1" ...v'- ¡;¡ I! .-'I'R! ¡ "1 ! ;¡ ¡,!mhIU.. :.d~hlhj 0 -UI"i;!¡ h¡¡'¡'ìli!liPliÞ ~ I! !II &!'¡ Ji§!!I,j Ii i iii! Uf.'!; I¡~ Pli~.¡ ¡ ¡¡ t .1, ,!!,! Iii , ! H ~¡ ~j! ¡!IH' II , I ~¡. II ",.! ¡ i~' II I Iii , ¡ ¡ ih , ~ EAGLE ROAD I I I I; I~ I~ I. I I ~ ~' :~ H~ I~ i~ ~ ~ ~ ì < "I!I~ ¡ ~¡¡.¡.!¡ Iii [g - 'i'" 50""'.. ~ !!~I sol'! 'p!!1 .. ~ !¡!~ !!i!~II¡~IIIi!J!llIhiif! ¡d .~ ~ u J * In, ~ jj¡t; U . ;' 'II '" ¡... .... I;' ¡ i" '" I; ,,'r;:'IP~'u!' I; ,~ 11 n¡¡, !HP!i > ....._..) -',,'¡-,"I¡ ';;, ... !! I' ! 'I' ,., . , 5 ,v- ,I ~ i I!! i ! ~ ~ ¡' ~ I II Ii !lIi ~ !. Ii ,¡II ,j pI m III~ ! !~ i~ IIII ~ ~ r \) ~ ;v m m r m ~ -I 2 '~I!I ¡ ~ r'lI NLI; ! ~.'..~ II: ! ~r\ .~ ¡¡ ¡ ~ " P¡ H 0' ." i!~ Ii.. I¡" IIz Ii i ¡ ~~~ ~õî -7 Zm , Z 0 r 0 ~ ;V m ~~~ Ii! ¡! ¡lìP'ili ~ : ;. ilie' "I, ' ,i ¡Ii II I.n ~î~ II I' ¡ mþ " Z¡u II 'i'-r~o-~ PI) i '.o"'-,~- gg' - ,,' c:.. .- ;Vþ m¡o I:]~~.:' ~_.~ ,""~~ - ~n --,- ARCH'"",,T. """........ EJ ~~ ~ Devetpment Process ctecklist II II [g Submit a development application to a Cily or 10 the Counly [g The City or the Counly win transmit the development application to ACHD [g The ACHD Planning Review Division wil1 receive the development application to review [g The Planning Review Division win do!!!l!1 of the fonowing: OSend a "No Review" letter to the applicant stating that Ihere are no site specific requirements a11his time. OSend a "Comply With" letter to.the applicant stating that iflhe development is within a platted subdivision or part of a previous development application and that the site specific requirements /Tom the previous development also apply to this development application, OWrite a Staff Level report analyzing the impacts of the developmen1 on the transportation system and evaluating Ihe proposal for its confonnance to .District Policy. OWrite a CommissIon Level report analyzing the impacts of the developmen1 on the transportation system and evaluating the proposal for its confonnance to District Policy. OThe Planning Review Division will hold a Teebnieal Review meeting for all StatT and Commission Level reports, OFor ALL development applications, including those receiving a "No Review" or "Comply With" letter: The applicanl 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. (NoIe: 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 ftom Construction Services (ACHD) for ANY work in the right-of-way, including, bul not limited to, driveway approaches, street improvements and utility cuts. OPay Impact Fees prior to issuance of building permit, Impact fees eannot be plrid prior to plan review approval. DID YOU REMEMBER: Constrnclion (Zone) 0 Driveway or Property Approaeb(s) Submil a "Driveway Approach Request" fonn to Ada Counly Highway District (ACHD) Construction (for approval by Developmenl Services & Traffic Services). There is a one week turnaround for this approval. 0 Working in the ACHD Rlgbt-of-Way Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Pennit Application" to ACHD Construction - Pennils along with: a) Traffic Control Plan b) An Erosion & Sediment Con1ro1 Nattative & Plat, done by a Certified Plan Designer, if1rench is >50' or you are placing >600 sf of concrete or asphalt. Constrnction (Subdivisions) 0 Sediment & Erosion Submittal AI leas! one week prior 10 setting up a Pre-Con an Erosion & Sediment Control NalT8tive & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division, 0 Idaho Power Company Vie Steelman alldaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. 0 Final Approval from Development Servie.. ACHD Construction - Subdivision musl have received approval from Development Services prior to scheduling a Pre-Con. . . Figure I ."",;'~i.',- ~ Ada County Highway District Right-of- Way & Development Department Planning Review Division This application does not require Commission action and is. approved at the staff level as of June 10, 2003, Tech Review for this item was held with the applicant via phone/e-mail on June z>d and ycJ, 2003. Please refer to Attachment 3 for appeal guidelines. I Staff,contact: Craig Hood, 387-6174, choodCéiJ.achd,ada,id.us I File Numbers: MPPO3-013/MCZCO3-036, Lynwood Plaza Subdivision Site Address: Cherry Lane, east of Ten Mile Road Oakwood Enterprises, LLC 114 E. Idaho Avenue, #230 Meridian, ID 83642 Owner: Applicant: Centennial Development, LLC 114 E. Idaho Avenue, #230 Meridian, ID 83642 Representative: Shawn L. Nickel C/O Land Consultants, Inc. 52 N. 2nd Street Eagle, ID 83616 Application Information The applicant is requesting preliminary plat approval from the City of Meridian to subdivide 2.69-acres 9f L-O zoned property into 5 commercial lots. The site is located on the north side of Cherry Lane, approximately 1 ,300-feet east ofTen Mile Road in Meridian. Acreage: Current zoning: Proposed buildable lots: 2.69-acres L-O 5 A. 4. 5. 6. 7. 8. 11. 2 . . Findings of Fact 1, Trip Generation: . This development is estimated to generate 258 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Tl"ip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due pl"ior to issuance of any building permit(s) on the site. The fee will be based on the impact fee ordinance in effect at the time the District receives a development application or building permit submittal. 3. Traffic Impact Study: A traffic impact study was not required with this application, Site Information: The site is currently vacant. Description of Adjacent/Surrounding Area: a. North: Single-family homes b. South: Single-family homes c. East: Single-family homes d. West: Single-family homes Impacted Roadway: Cherrv Lane: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: 415-feet Principal Artel"ial 11,386 east ofTen Mile Road on 4-22-02 14,352 west of Linder Road on 4-22-02 LOS "C" or better 35 MPH Haven Cove Avenue, an uncontrolled intersection RoadWay Improvements Adjacent To and Near the Site Cherry Lane is currently improved with 5 lanes (2 eastbound, 2 westbound and a center turn lane), curb, gutter and sidewalk abutting the site. Existing Right-of-Way There is currently 96-feet of right-of-way (45-feet from centerline) for Cherry Lane abutting the site. 9. Existing Access to the Site There is currently a 50-foot wide curb return on the site. This curb return is located approximately 130-feet east of the west property line and in alignment with Haven Cove AVenue on the south side of Cherry Lane. Site History ACHD Planning and Development Review staff has not reviewed this site in the recent past. 10. Five Year Work Program/Capitallmprovements Plan (CIP) Ten Mile Road, from Cherry Lane to Ustick Road, is currently in the District's Five Year Work Program for roadway improvements in 2008 (also in CIP). Linder Road, from Cherry Lane to Ustick Road, is currently in Preliminary Development (PD) as part of the District's Five Year Work Program (also in CIP). This section of Cherry Lane is not currently in the District's Five Year Work Program or CIP. . . B. Findings for Consideration 1. Right-of-Way & Sidewalk 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 wide concrete detached sidewalks and bike lanes. If a proposed development abuts a collector or arterial street, the developer shall provide a sidewalk along the paved frontage and dedicate the right-of-way required by the proposed land use and scale of the project. The developer may construct additional improvements as provided in Section 7300 (District policy 7203.4.3). Cherry lane is currently improved with curb, gutter and sidewalk within 96-feet of right-of-way. Therefore, the applicant should not be required to dedicate any additional right-of-lI'(ay or construct any roadway improvements (curb, gutter or sidewalk) abutting the site unless it is damaged (see Standard Conditions.of Approval #3 below) or reconstructed (see Access Points below). 2. Access Points Direct access to arterials and collectors is normally restricted (District policy 7207.8). District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 150-feet (measured centerline to centerline) from any existing or proposed driveway (or street). District policy 7.207.9,3 restricts industrial/commercial driveways with daily traffic volumes over 1,000 vehicles to a minimum width of 24-feet and a maximum width of 40-feet. Curb return type driveways with 15-foot radii will be required for industrial/commercial driveways accessing collector and arterial roadways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. District policy 7207.9.1 requires driveways to be paved to their full width and at least 30-feet into the site beyond the edge of pavement of the roadway including pavement tapers with 15-foot radii abutting the existing roadway edge. . The existing access point aligns with Haven Cove Avenue Street on the south side of Cherry lane (measured centerline to centerline), The applicant is proposing to slightly modify the existing curb return on Cherry lane, and then utilize it for all of the lots within the subdivision, Lots 1-5, Block 1, should utilize the existing location of the access point onto Cherry Lane. The applicant should provide a copy of a recorded cross access easement to the District that allows all of the lots within the subdivision to use one driveway for access to the public streets, In accordance with District policy 7207.9.1, the applicant should a/so be required to pave the driveway to its full width and at least 30- feet into the site beyond the edge of pavement of the roadway, If the curb return access point is altered, it should align (centerline to centerline) with Haven Cove Avenue and new curbing shall be installed with 15-foot radii to match into the existing improvements on Cherry Lane. Other than the access point specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 3 C. 1. 2. 3, 2. 4. 4 . . Site Specific Conditions' of Approval Reconstruct the existing curb return access point on Cherry Lane located approximately 125- feet east of the west property line and in alignment with Haven Cove Avenue on the south side of Cherry Lane (measured centerline to centerline), Lots 1-5, Block 1, shall share said access point for access to Cherry Lane, as proposed. Provide a copy of a recorded cross access easement to the District that allows all of the lots within the subdivision to use the access point for access to the public streets, Other than the access point specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 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. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District, Contact Construction Services at 387-6280 (with file numbers) for details, 5, 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. 6. 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. 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. 7. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance, It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD, The applicant shall be required to call DIGLINE (1-800-342-1585) 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. 9. 2. . . 10, 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. Any change by the applicant in the planned use of the property which is the subject ofthis 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 waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 11, E. Conclùsions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied, ACHD requirements are intended to .assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system withín the vicinity impacted by the proposed development. Attachments 1. 2. 3. 5 Vicinity Map Preliminary Plat Appeal Guidelines . . 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 ofthe 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. I 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 Clr 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, Appeal Guidelines 6 .. . ~~~~~~~ .1.- lid <[ d'li St'ld'. 11111 -Ii' I Is 0... , I! , .. tt , , ' ~tifl iil ~ !ililiid¡ ...--- ,.=.=..~_.~..=---=-';~' ~. -.........~- JÍiI i .1 fj t: i , .j ~¡o ¡.J ¡ tit i ~Ii ¡ . ! I, -- --- ...-- ,8 . : ì I . -t--' ~~:::~~~-"_. ! w 0 0 0 ~, /0 I a'I 0 0 ~~ s:z ~~ C/)š:: >~ C....a. ,~ IF zW -1° ~ co 0 1<;;1 EAGLE RD -~ I ~t' I ¡ --I -. ... N 0 0 "TI :; - -c Z m » < m CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET July 15, 2004 ITEM # 9 DATE PROJECT NUMBER CUP 04-020 PROJECT NAME Medicap Pharmacy NAME (PLEASE PRINT) FOR AGAINST NEUTRAL