HomeMy WebLinkAboutJohann & Rachel Kretschmar CUP-02-033
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A RETAIL
SHOP FOR CHILDREN'S GENTLY
USED CLOTHES, TOYS, ETC., IN
AN O-T ZONE, LOCATED AT 124
EAST PINE STREET, MERIDIAN,
IDAHO
JOHANN AND RACHAEL
KRETZSCHMAR,
APPLICANT
C/C 01114/03
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Case No. CUP-02-033
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on January 14~ 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, and Johann Kretzschmar, appeared and testified~ and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City Council
issued by the Planning and Zoning Commission who conducted a public hearing and the Council
having heard and taken oral and written testimony, and having duly considered the matter, the
City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1
(2) consecutive weeks prior to the said public hearing scheduled for January 14, 2003, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper~ radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the January 14,2003, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian) having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code S9 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in the 0- T zone and by reason of the
provisions ofthe Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 124 East Pine Street, Meridian, Idaho.
5. The owners of record of the subject property are Johann and Rachae~
Kretzschmar, 9980 Roan Meadows Drive~ Boise, Idaho 83709.
6. Applicants are owners of record.
7. The subject property is currently zoned O-T. The zoning district ofO-T is defined
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a retail shop for
children's gently used clothing, toys, etc. The O-T zoning designation within the City of Meridian
Zoning and Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development Ordinance,
Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use propo,sed within the subject application will in fact~ constitute a
conditional use ~s determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian~ and Maps and the Ordinance
establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development wiUnot impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered, by political
subdivisions providing services to the subject real property within the planning jurisdiction ofthe
City of Meridian, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3
1. Applicant shall apply for a Variance from parking and landscaping requirements
prior to the City Council hearing on this application.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. Landscaping for the property shall be continuously maintained, and any dead or
dying vegetation shall be replaced upon request from the City.
2. 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.
3. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance. All signage is subject to design
rqview and shall require separate permits. Temporary or portable signs shall be
prohibited, and shall be removed Upon 3 days notice to the applicant.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
5. A Certificate of Zoning Compliance shall be obtained prior to opening the retail
business to the public.
C. Adopt the Recommendations of Ada County Highway District as follows:
Site Specific Conditions of Avproval
1. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. 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.
, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4
4. 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 ofIdaho 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.
7. Construction, use and property development shall be in conformance with all
applicablerequirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195~ also known as Ada County Highway District
Road Impact Fee Ordinance.
9. 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.
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 ofthe Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. 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
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as fol1ows:
1. The Hunter Lateral courses along the north side of East Pine Street. The
easement ofthe Hunter Lateral must be protected; and any encroachments within
this area without written approval and a signed License Agreement are
unacceptable.
E. Adopt the Recommendations of the Sanitary Service Company as follows:
1. Waste generation volume is unknown and unplanned for commercial dumpster or
can service and rates will apply. If cans are used alley col1ection is necessary.
13. It is found in regards to the site being large enough to accommodate the proposed
use and all yards, open spaces, parking, landscaping and other features as may be required by
Meridian City Code that the Applicant was granted a variance, Case No. V AR-02-016, regarding
off-street parking and landscape buffers.
14. The current Comprehensive Plan Land Use Map designates the property as "Old
Town". It is found that the requested retail use can be developed in harmony with the Meridian
Zoning Ordinance and the adopted Comprehensive Plan if the variance is approved.
15. It is found that the proposed development will not change the existing or intended
character of the general vicinity, and that the design and operation of the development will be in
harmony with the intended mixed-use character of the Old Town District.
16. It is not anticipated that the proposed use will have an adverse affect on nearby
properties.
17. It is found that the proposed development will be adequately serv.ed by'the
;essentia1 public facilities and services, such as highways, street~ police, fire protection~ drainage
structures, refuse disposal, water, and sewer.
18. It is found that the proposed use would not create additional requirements at
. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6
public cost for public facilities and service and will not be detrimental to the economic welfare of
the community.
19. It is not anticipated that the proposed use will be detrimental to the general
welfare of the community by means of increased traffic, noise, smoke fumes~ glare or odors
generated by the uses.
20. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets as long as the Ada County Highway District's
requirements are met and all approaches and traffic control measures are installed.
21. It is found that no natural or scenic feature will be lost~ damaged or destroyed by
issuance of this conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the" Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I~ Meridian City Code. .,
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7
under the specific provisions ofthe ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code 9 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;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plap. and in accordance with the requirements of this Ordinance;
c. That the design, construction~ operation and maintenance will be compatible with
other uses in the 'g~neral 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;
d. That the proposed use, ifit complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools~ parks~ police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
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 the
general welfare by reason of excessive production of traffic, noise~ smoke, fumes; glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
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.
5. Prior to granting a conditional use permit in the Old Town District (O-T), a
public hearing shall be conducted with notice to be published and provided to property owners or
. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
purchasers ofrecord within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve~ deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this Ordinance.
8. The City of Meridian has, by ordinance~ established the Impact Area and the
Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629,
January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for a retail shop
for children~s gently used clothing, toys, etc. in the Q-T zone located at 124 E. Pine Street,
Meridian, Idaho, subject to the following conditions of use and development~ subject to the
following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Applicant shall apply for a Variance from parking and landscaping requirements
prior to the City Council hearing on this application.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
Site Specific Requirements
1. Landscaping for the property shall be continuously maintained, and any dead or
dying vegetation shall be replaced upon request from the City.
2. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10
3. 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 reviewand
shall require separate permits. Temporary or portable signs shall be prohibited, and
shall be removed upon 3 days notice to the applicant.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
5. A Certificate of Zoning Compliance shall be obtained prior to opening the retail
business to the public.
C. Adopt the Recommendations of Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. 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 ofthe proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. 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 ofIdaho 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.
7. Construction, use and property development shall be in conformance with all
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
Road Impact Fee Ordinance.
9. 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.
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.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use ofthe subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. The Hunter Lateral courses along the north side of East Pine Street. The
easement of the Hunter Lateral must be protected; and any encroachments within
this area without written approval and a signed License Agreement are
unacceptable.
E. Adopt the Recommendations of the Sanitary Service Company as follows:
1. Waste generation volume is unknown and unplanned for commercial dumpster or
can service and rates will apply. If cans are used alley collection is necessary.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12
9 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho.CQde 9 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial ofthe conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action ofthe City Council at its regular meeting held on the
rJd~l/l-J- ,2003.
ROLL CALL:
2. /A-Ib-
V day of
COUNCILMAN KEITH BIRD
VOTED 1!b{-0.A:;-
COUNCILWOMAN TAMMY deWEERD
VOTED~'
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED~
.FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
/
I.
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -
DATED: /-28-03
MOTION: ;f\
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
-
~
Z:\ Work\M\Meridian\Meridfan I 5360M\Kretzschmar Johann Rachael CUP-02-033 V AR-02-0 16\Ft'ClsCUP02-033.doc
f'INDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A RETAIL
SHOP FOR CHLIDREN'S GENTLY
USED CLOTHES, TOYS, ETC., IN
AN 0- T ZONE, LOCATED AT 124
E. PINE STREET, MERIDIAN,
IDAHO
JOHANN AND RACHAEL
KRETZSCHMAR,
APPLICANT
C/C 01114/03
)
)
)
)
)
)
)
)
)
)
)
)
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Case No. CUP-02-033
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the January 14, 2003, under the
provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a retail
shop for children's gently used clothing, toys, etc. in the O-T zo'ne located at 124 E. Pine Street,
Meridian~ Idaho, subject to the following conditions of use and development:
A. Adopt the Special Recommendations ofthe Planning and Zoning Commission"as' follows:
1. Applicant shall apply for a Variance from parking and landscaping requirements
prior to the City Council hearing on this application.
ORDER CONDITIONAL USE PERMIT
(CUP-02-033)
-1
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. Landscaping for the property shall be continuously maintained~ and any dead or
dying vegetation shall be replaced upon request from the City.
2. 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.
3. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance. All signage is subject to design
review and shall require separate permits. Temporary or portable signs shall be
prohibited~ and shall be removed upon 3 days notice to the applicant.
4. A.ll construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
5. A Certificate of Zoning Compliance shall be obtained prior to opening the retail
business to the public.
C. Adopt the Recommendations of Ada County Highway District as follows:
Site Specific Conditions of Avvroval
1. Comply with all Standard Conditions of Approval.
Standard Conditions of Aoproval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. 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.
4. 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
ORDER CONDITIONAL USE PERMIT
(CUP-02-033)
-2
(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 ofIdaho 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.
7. Construction~ use and property development shall be in conformance with all
applicable requirements ofthe Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
R~ad Impact Fee Ordinance.
9. 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 DrGLINE
(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.
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.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all 11.!les,
regulations~ ordinances, plans, or other regulatory and legal restrictiops in force at
the time the applicant or its successors in interest advises the Highway,District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
ORDER CONDITIONAL USE PERMUT
(CUP-02-033)
-3
1. The Hunter Lateral courses along the north side of East Pine Street. The
easement of the Hunter Lateral must be protected; and any encroachments within
this area without written approval and a signed License Agreement are
unacceptable.
E. Adopt the Recommendations of the Sanitary Service Company as follows:
1. Waste generation volume is unknown and unplanned for commercial dumpster or
can service and rates will apply. If cans are used alley collection is necessary.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Pe~it Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to
this permit
By action of the City Council at its regular meeting held on the
Cft:~6Vl, r:J-.
(/
28./1-
day of
,2003.
(
. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Departnient, Public Works Department
and City Attorney \\\\\l!lllllllrflll,
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