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HomeMy WebLinkAboutKretschmar, Johann CUP 02-033 December 2, 2002 CUP 02-033 MERIDIAN PLANNING & ZONING MEETING December 5, 2002 APPLICANT Johann and Rachael Kretzschmar ITEM NO. 4 REQUEST Tabled Public Hearing from November 21,2002 - Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an O-T zone for Johann and Rachael Kretzschmar- 124 East Pine Street 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: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: See previous Item Packet "P.t())f'(1/rTU11A JpfrvU?il .(--JC/C See attached Comments INTERMOUNTAIN GAS: OTHER: See attached Proof of Posting Contacted: Date:-'2-2-01. Phone: 3LJ2-2CJ1-2.. L.M. Materials presented at public meeflngs shall become properly of the City of Meridian. 11/27/2002 09:14 FAX 2088886854 MERIDIAN paz DEPT. NOV. 27. 2U02 8: 57AM SLRMC PFS DiRECTOR .. City Clerk NO. 826 ~OOl P. 1 NcM:II1ber 26, 2002 RECEIVED NOV 2 7 2002 City Of Meridian City Clerk Office Meridian li'bnniDg and Zcming Cnmmi~.;an On this date, November 26, 200Z, Johann and Racbacl :Krelzsdmlar postecl notice ofthl: hearing fur a co.oditiaDal use pennit at 124 E Pine, MericIian, Idaho. IkariDg is set :6:It Deeomber S, 2002. State of Idaho 58 , ~&--, before me , A notary public for the State of ared Johann and Rachael Rretzschmar undersigned below, executed the same. by official seal above written. ~wd/rvJt1t.J Racbael~ar NOV 27 '02 09:19 2088886854 PAGE. 01 . .....;i...i.,"" . AC~ Ada County Highway District David E. Wynkoop, President Dave 8ivens, 1st Vice President Judy Peavey-Derr, 2nd Vice President Susan S. Eastlake, Commissioner Sherry R. Huber, Commissioner 318 East 37th Street Garden City 1083714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: telius@ACHD.ada.id.us November 21, 2002 TO: Johann & Rachael Kretzschmar 9980 Road Meadows Drive Boise, ill 83709 RECEIVED NOV 22 2002. FROM: Craig Hood ct1 Development Analyst Planning & Development City Of Meridian City Clerk Office SUBJECT: MCUP02-033 Convert home to retail business 124 E. Pine Street On November 20, 2002 the Ada County Highway District Commission acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact staff at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services Drainage Blake & Rebecca Hatchet, 124 E. Pine, Meridian, ill 83642 ....;<~..~ . AC!!}2 Ada County Highway District Right-of-Way & Development Department Planning Review Division This application requires Commission action because the applicant is requesting a waiver of the requirement to pave an abutting alley. This item was on the consent agenda November 20, 2002 at 6:30 p.m. Tech Review for this item was held with the applicant on October 25, 2002. Please refer to Attachment 3 for appeal guidelines. Staff contact: Craig Hood, 387-6174, chood@achd.ada.id.us File Number: MCUP02-033, used clothing/toy store Site address: 124 E. Pine Avenue, Meridian Owner: Blake & Rebecca Hatchet 124 E. Pine Meridian, 10 83642 Applicant: Johann & Rachael Kretzschmar 9980 RQan Meadows Orive Boise, 10 83709 Application Information The applicant is requesting conditional use approval from the City of Meridian to convert a single-family home into a retail shop. The site is located on the north side of Pine Avenue just east of Main Street. Acreage: Current Zoning: Existing square footage: 0.12-acres O-T Approximately 1 ,OOO-square feet Vicinity Map DTIIITIJ I [[] 1- . ITIJIIIIJ ITJIJ UIIB EITJJJIIJ ~ [[[J]]]] ~BJ Icmp . - BICJJ EillJI[]] LJ ~B I IJd [I]] 6]]IJ 1 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 26 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: The impact fee rate from the fee tables for this use (Specialty Retail) is $1,885 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: There is currently a 1,OOO-square foot single-family home on the site. 5. Description of Adjacent Surrounding Area: a. North: Single-family residences b. South: Parking lot c. East: Single-family residences d. West: Single-family residences 6. Impacted Roadways: Pine Avenue: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: Main Street: Frontage: Functional Street Classification: Traffic count: Speed limit: Nearest intersection: 2nd Street: Frontage: Functional Street Classification: Traffic count: Speed limit: Nearest intersection: Unnamed Allev: Frontage: Functional Street Classification: Traffic count: Speed limit: Nearest intersection: 2 45-feet Major Collector 3,875 east of 1 st Street on 11-30-99 LOS C or better 25 MPH 2nd Street, a stop-controlled intersection None Minor Arterial No current count available 35 MPH Pine Avenue, a signalized intersection None Local No current count available 25 MPH Pine Avenue, a stop-controlled intersection 45-feet Local No current count available Not posted 2nd Street, an un-controlled intersection 7. Roadway Improvements Adjacent To and Near the Site Pine Avenue is improved with 2 lanes (no center turn lane) curb, gutter and detached sidewalk abutting the site. The alley on the north side of this site is currently unimproved abutting the site. The alley is currently paved near Main Street. 8. Existing Right-ot-Way There is currently 80-feet of right-of-way (40-feet from centerline) for Pine Avenue abutting this site. There is currently 16-feet of right-of-way for the alley on the north side of the site. 9. Existing Access to the Site Access to this site is currently provided from the alley. There are no curb cuts for access onto Pine Avenue for this site. 10. Site History ACHD has not reviewed this site in the recent past. 11. Five Year Work Program There are no roadway, bridges or intersections in the general area of this project that are currently in the Five Year Work Program. B. Findings for Consideration 1. Right-at-Way District policy 7204.10 states that if a development abuts an existing alley, the dedication of additional right-of-way to obtain a minimum width from the centerline of the alley of 1 O-feet for non-residential uses, may be required. The dedication of additional right-of-way will generally be required in those cases where it can be reasonably anticipated that other adjoining or nearby developments will also allow future dedications of additional right-of-way for the alley. Staff recommends that the applicant not be required to dedicate any additional right-of-way for the alley because the parcels in the area will probably not allow for future dedication of right-of-way. District policy (Figure 72-F1 B) requires 70-feet of right-of-way on collector streets. This right-of-way allows for the construction of a 3-lane roadway with curb, gutter and 5-foot wide detached concrete sidewalks. Staff recommends that the applicant not be required to dedicate any additional right-of- way on Pine Avenue because all of the improvements currently exist on the street and there is currently 80-feet of right-of-way. 2. Roadway Improvements Sidewalk District policy 7202.8.6 requires pedestrian walkways or sidewalks on collector streets to assure safe pedestrian travel in commercial developments. There is currently sidewalk on Pine Avenue abutting the site. 3. Alley Improvements . Paving District policy states that if a development is not residential the applicant should be required to pave the entire width of the alley to its full-required width and to the nearest street and abutting the parcel (7204.10.2). . Access Access is allowed to and from a fully improved alley (7204.10.2). 3 . Parking On site parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of 25-feet from the nearest public street. Request for Waiver of Policy: The applicant has requested a waiver of the requirement to pave the existing alley on the north side of the property. The applicant states that the excavation costs would be too much to proceed with the project; that little traffic from this use will use the alley and there is a city parking lot directly across the street which customers will use (see Applicant's Letter). The applicant is also requesting a modification to the requirement to have 22-feet of back-up space for perpendicular parking. This request is based on the location of the existing structures across the alley (see Applicant's Letter). Staff Recommendation: Since there is a city parking lot across Pine Street that the patrons of this business can use, and there is only employee and handicap parking off of the alley, which will generate very few trips, staff recommends a waiver of the policy to pave the existing alley to Main Street. Due to the location of the structures on the alley on the north side of the site and the low traffic volumes on the alley, staff recommends a modification to the back-up space requirement. The applicant should not be required to pave the alley on the north side of the parcel to the nearest street (Main Street or 2nd Street) and abutting the parcel, due to the above stated reasons. C. Site Specific Conditions of Approval 1 . Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. 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 (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. 7. 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. 4 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 DIGLlNE (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 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. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 4. 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I ! 1 I I I I I . . t .." .1,1, ~ ~j ,I i I J 1 I f t i \ i f ~ '- {;' ce..L=" -Pc. n ce 7'"7'3 .s.?""","""-PT .....~r-,f /""= /0' - .+ ,/} Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting fOllowing the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. ~ c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 8 ~?VEAL (:r-{):I.DE. LrtJE ~ OCT. 29. 2002 8: 59AM SLRMC PFS DiRECTOR NO.4 6 2 P. 1 October 27, 2002 ACHD Commissioner 318 E37lb St. Garden City, ID Re: File Number MCUP02-033, Craig Hood We are writing this letter in regard to the suggested Conditions of ACHD to obtain a conditional use pennit for the proper1;r Ioca.ted at 124 E Pine, Meridian, Idaho. The site speci.fic condition was to pave the alley On the North side of the site to EITHER 204 Street OR Main Street and abutting the site. U!JOn discussing with an Engineer employed by ACHD, the base requirements would include excavating close to 2 filet of existing base and .replacing it with new matl::ria] at a distance of 150'. We are asking to waive this requirement based on the following: ~ 1. Excavation costs would be too much of a financiallwdship to proceed with our investment (Not to mention the COst of the impact fee.) 2. There is very littJe traffu: that uses this alley. 3. The City of Meridian has a parking lot conveniently located right across the street from the site for customer parking. 4. Our understanding of when property at 129 E Pine (currently a Comic Book Store) obtained a conditional use permit, they paved only behind the property and did not excavate any of the existing base. The source oftbis information was provided by Brian Champion, he previous owner. There is also a parking condition tbat states 'on site parking shall be designed so the minimuro clear distance from the back of the parking stall to the opposite side of the alley is 22 feet for perpendicular parking.' Due to the location of the structures positioned on the lot there is no way to meet this condition. If there are further questions, plClllie call Jobllnn at 884-2259 or 362-2972. Thank you for YOW' consideration. Sincercly, Rachael Kre1zsclunar ~J~ dXvlnvt..- APPLICAJ\lT'S - LETTER PUBLIC HEARING SIGN-UP SHEET DATE December 5,2002 PROJECT NUMBER CUP 02-033 PROJECT NAME Johann & Rachel Kretzschmar NAME FOR AGAINST - v'~D lit c - 5 2002 lillI UF MERIDL<liV . . November 18, 2002 CUP 02-033 MERIDIAN PLANNING & ZONING MEETING November 21, 2002 APPLICANT Johann and Rachael Kretzschmar ITEM NO. 5 REQUEST Public Hearing - Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an 0-T zone for Johann and Rachael Kretzschmar- 124 East Pine Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: COMMENTS ~ U Q CX\ed s:, to~ C ()N\ me..('\k SE-€ ~I "Ok per Meridian Water Deparlmenf' "No Commenf' laJiL fo Ckc. 6/2-00L See attached Comments "We have No Objections to this Proposal" See attached Comments Date: IfI~~~2-- Phone: JIt :2 --' ;21~) ~ Contacted: s shall become properly of the City of Meridian. MAYOR RobertD. Conie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499' F"" 288-2501 PUBLIC WORKS BUIlDING DEPARTMENT (208) 887-2211- p"" 887-1297 CITY COUNCIL MEMBERS Keith B.i1:d Tammy deWeer:d Cherie McCandless William L. M. Na<y CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . PAX (2Ol!) 887-4813 City aetkOffice F"" (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: To: NOV 1 8 2002 From: City Of Meridian City Clerk Office Re: Request For a Conditional Use Permit to Open a New Retail Shop for Children's "Gently Used" Clothing, Toys, etc. in an Existing Single Family Home at 124 E. Pine Street, Located in the 0- T Zoning District by Johann and Rachael Kretzschmar (File No. CUP-02-033). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered infull, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant(s), Johann and Rachael Kretzschmar, have requested approval of a conditional use permit for a new "gently used" retail store in an existing home at 124 E. Pine Street, located in the Old-Town Zone. The requested retail use is consistent with the current trend of converting existing single family homes in 0- T zone to commercial uses. The subject property provides only two (2) on-site parking stalls for the requested retail use (one van accessible handicap parking stall located in the driveway of the existing garage and a employee parking pace inside of the garage). Other than the one handicapped parking space, this parking arrangement does not provide for any on site customer parking. Issues related to parking are discussed in detail on page two (2) of this report. LOCATION & SURROUNDING USES The subject property is located at 124 E. Pine Street, approximately half of a block east of Main Street. The following uses surround the subject property: North - Residential property, zoned 0- T. South - Parking lot, zoned 0- T. East - Residential property, zoned 0- T. West - Residential property, zoned 0- T. STANDARDS FOR CONDmONAL USES The Commission and Council shaD review the particular facts and circumstances of each CUNI2-033 Kretzscbrnllr.CUP Planning & Zoning CommissionlMayor & City Council November 14, 2002 Page 2 proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the heariug(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; Parking-Adequate customer parking, as noted above in the summary, is not provided on site. Required parking for the requested retail use can be determined in one of two ways: First, parking can be determined by dividing the gross square footage of the retail store by 200, (888s.f/200= 4.4 parking spaces) per MCC 11-13-5B2. The second way of detennining parking can be accomplished by dividing just the retail square footage of the building divided by 200, and adding that to the required number of parking stalls required by the other use of the building (storage= Iparking stall per lOOOs.f) or (538st7200+350/1000~3.04 parking spaces) per MCCII-13-5B4. The two on site parking stalls do not meet the minimum requirements for on site parking per the MCC: however, the City owns a small surface parking lot on the other side of Pine Street, directly south of the proposed retail store and Pine Street does allow for on-street parking. Staff recognizes that many parcels located in the 0- T district were not originally designed to provide parking for retail uses, and that the construction of new parking in the front of the existing structure would be detrimental to the feel of Meridian's Old-Town District. Nevertheless, staff feels that a variance should be required to allow the required parking for this use to be reduced or located off site on property owned by the City. Landscaping-The existing building is located between two (2) residential uses and strict reading of the City's Landscape Ordinance would require that the applicant provide a buffer between the different land uses (MCCI2-13-l2-4). Unfortunately, the site will not be able to accommodate the required buffers (25' on both the east and west sides of the property). Therefore, staff recommends that when the applicant applies for the variance on parking, that they include the landscaping buffers as a part of the variance application. (Note: The "Alternative Compliance" section of the Landscape Ordinance addresses this issue, however there is a 60$ fee involved, and it will create additional paper work, both of which can be eliminated by streamlining the landscaping issue the into the variance process. ) 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; CUP-OZ-033 Kretzschmar.CUP Planning & Zoning Commission/Mayor & City Council November 14, 2002 Page 3 The current Comprehensive Plan Land Use Map designates the property as "Old Town". Therefore, stafffinds that the requested retail use ~ be developed in harmony with the Meridian Zoning Ordinance and the Comprehensive Plan. C. That tbe design, construction, operation, and maintenance will be compatible with otber uses in the general neighborbood and with tbe existing or intended character of the general vicinity and tbat sucb use wiD not adversely change tbeessential cbaracter of the same area; Staff finds 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. D. That the proposed use, if it complies witb all conditions of tbe approval imposed, will not adversely affect otber property in tbe vicinity; Commission and Council should rely upon public testimony, both oral and written, to determine if the development will adversely affect the other property in the vicinity. Staff does not anticipate that he proposed use will have any adverse effect on nearby properties. E. That tbe proposed use will be served adequately by essential public facilities and services such as bighways, street, police, and fire protection, drainage structures, refuse disposal. water, sewer or tbat tbe person responsible for tbe establisbment of proposed conditional use sball be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and wiD not be detrimental to the economic welfare of tbe community; Staff finds that the proposed use would 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 for by the public. G. That the proposed use will not involve activities or processes, materials, equipment. and conditions of operation tbat will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; CUNl2-033 Kretzschmar.CUP Planning & Zoning CommissionlMayor & City Council November 14, 2002 Page 4 Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 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 as long as ACHD requirements are met and all approaches and traffic control measures are installed. 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 win be lost, damaged or destroyed by issuance of this conditional use. SITE SPECIFIC REOUlREMENTS I. 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. 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. RECOMMENDATION Staff recommends approval of this application if a variance from the City's parking and landscaping requirements are applied for by the applicant and is granted by the City Council. CUP-02-o33 Kretzschmar.CUP OCT-31-2002 01:08P FROM:5anitar. 5eruices, ! 208-888-5052 TO:Meridian Clerk p: 14'24 \IWOR Ruben!) C()1T1(' .~ .. ' 'r.- eft; ellY 0" t!~'". .' ~: tJndicrn~ ~; '" ILlAHU ~ LEli.,),L m=:r",RT'\ICNT L:O::H .!~lol.':.Il)ll . F:I'o: ':~~L ~5/11 C'ITYCOL:>lCIl. MeMBERS r,mmy dtWe.rd W\\ll~m l. ~1. N;.I.ry CIIl;m:: ~h:C~ndlc'~s Kl."llh Gird '"\ " u " f" .t)' p" R,S & XoL'X.MIUN (~ll ~$ 3571). F':J.;tl, SlJS-5jOI Pl I BlI(' W(),u,:, (~O::l) J!i)tl,-$500 .F.I.... ~)i7.1 ~1J ~ I:UJlLDIN(; [')F.P..\RT\Ir-:t.,J'T l!Ol'I) XX7.:!.:!11 . F:v: 1il'i7.1~')" rLAl\....lIN(j ."NlJ ZO:-.il).,,1, i (.:!O~J s~.a..$;,:;.3 - F.I\ H~I:H)I'i;i..l :t~l .--- TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN TO insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Alln: Will Berg, City Clerk, by: November 14,2002 Transmittal Date: October 2,2002 Hearing Date: November 21,2002 File No.: CUP ONI33 Request Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an 0- T zone for Johann and Rachael Kretzschmar By: Johann and Rachael Kretzschmar Location of Property or Project: 124 East Pine Street David zaremba, PIZ (No VAR. VAC. FP) Meridian School District (No FP) Jerry Center.>, P/Z (No VAR. VAC. FP) Meridian Post OffIce (FP,pp 0II1y) Leslie Mathes. P/Z INo VAR. VAC, fP) Ada County Highway District Keven Shreeve, PIZ (No VAR, VAG, FP) Community Planning Assoc. Keltll Borup, PIZ (No VAR, VAC, FI') Central District Hea~h Robert Corrie, Mayor Nampa Meridian Irrig. District Bill Nary, C/C Settlers Irrigation District Tammy deWeerd, CJC Idaho Power Co. (FP,pP only) Keith Bird, C/C U.S. West (Fp,pp MIy) Chene McCanOless, C/C Intennountain Gas (Fp,pp only) Water Depanment Bureau of Reclamation (FPIPP only) Sewer Department Idaho Transportation Department (No FP) V Sanilary Service (No VAR. VAC, FPI Ada County (Annoxolion only) Building Oepartmen1 Your Concise Remarks: Fire Oepartment ..,.,jA",1'""'" ~~,'~J><l"'(.N V"'-I",'L r~ [}J)<..Jt!d.u...",,, Police Department IIA1P.A.ud.D .{.n2 t"n"""PG"'" "<>.JWlP3nL o!... ('...tJ City Anomey S~LvJt-,. ,4o.J II e."'I1!s .....'lL APP~" ,.I c...o~ .AL4 c.J~= City Engineer A LLE." ~'U.H""D,j IS ,JH.LS~.It... City Planner ~"i c"L"~" Lt.f (r..5 '-) PaJlls Department REC E IVED OCT 3 1 2002 City Of Meridian City Clerk Office 33 EAST IDAHO' MERIDIAN. IDAlIO 83642 (lO!l ~ij8.A,jJJ' F.. (208) S87-4SIJ . Ci'y Clerk Otlicc fax (20818ijij-4218 . HumWl RCSllurw Pa. (208) 288.1193 OCT 31 '02 12:20 208-888-5052 PAGE. 14 ~ & ~ 'J~ 1)ueua 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 October 16, 2002 RECEIVED OCT 1 7 2002 Phones.: Area Code 208 OFFICE: Nompo 466-7861 SHOP: Nompo 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho ~an,ID 83642 City of Meridian City Clerk Office Re: CUP 02-033 Conditional Use Permit for retail shop located at 124 E. Pine St. for Johann and Rachael Kretzschmar Dear Commissioners: The Nampa & Meridian Irrigation District's 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. Sincerely, fi(n~:s:~ ;;er Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dB C: File-Shop File - Office W~erSuperinrendent ':', t-., - :', ,): ,,'f I > ~, APPROXIMATE IRRIGABlE ACRES RIVER flOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Sharon Smith From: Sent: To: Cc: Subject: Sharon Smith Tuesday, November 19, 2002 8:26 AM Tara Green; Jessica Johnson; Will Berg Nick Wollen (E-mail) Nov 21 CUP hearing for Kretzschmar FYI: Brad H-C called to let us know this property was not posted & we cannot have the hearing this week. It will likely be tabled to Dec. 5th. cc: file sfiaron Smitli :MerilIian City Cferi.! office rpfi, 888-4433 eJ(j 210 1 Page 1 of 1 Sharon Smith From: Brad Hawkins-Clark [hawkinsb@cLmeridlan.id.us] Sent: Tuesday, November 19, 2002 9:00 AM To: 'Sharon Smith'; greent@ci.meridian.id.us Cc: bergw@cLmeridian.id.us; 'Kristy Vigil (E-mail)'; 'Dave Mckinnon' Subject: Lack of Notice for CUP-02-033 RECEIVED NOV 1 9 2002 City Of Meridian City Clerk Office SharonfTara, Please include this note in the packets for Item #5 on the P&Z Commission's 11-21 meeting. Thanks. Chairman Borup and Commissioners, The property for Item #5 on your 11-21-02 agenda, CUP-02-033 for a retail clothing store on W. Pine by the Kretzschmar's, was not physically posted with a notice of public hearing, as required by Meridian Code 11-15- 5A2. Therefore, this hearing cannot be held as scheduled. The real property must be posted at least seven (7) days prior to a public hearing. Staff recommends the Commission table the subject app6cation to your 12-5-02 meeting. We have reviewed the agenda for this first December meeting and believe the scheduled hearings would allow for this one additional item. Thanks, Brad Hawkins-Clark 'P ~ z Com-VVl. \[-2\-02- J~-e.y,,,, '/flO. CS ll/19/2002 . , .~;''' "'",- 'P .$ 2- CtJr/1fl1. ~cIJJl. Ada County Highway Distr Il- 2/-02 Right-of Way & Devel J-kwL 110. S- Plann; This application requires Commission action because the applicant is requesting a waiver of the requirement to pave an abutting alley. This item is on the consent agenda for November 20, 2002 at 6:30 p.m. Tech Review for this item was held with the applicant on October 25, 2002. Please refer to Attachment 3 for appeal guidelines. Staff contact: Craig Hood, 387-6174, chood@.achd.adaJd.us c\'\- File Number: MCUP02-033, used clothing/toy store Site address: 124 E. Pine Avenue, Meridian RECEIVED NOV 1 8 2002 Owner: Blake & Rebecca Hatchet 124 E. Pine Meridian, 10 83642 City of Meridian City Clerk Office [Q: W &. [? Lf Applicant: Johann & Rachael Kretzschmar 9980 Roan Meadows Orive Boise, 10 83709 Application Information The applicant is requesting conditional use approval from the City of Meridian to convert a single-family home into a retail shop. The site is located on the north side of Pine Avenue just east of Main Street. Acreage: Current Zoning: Existing square footage: O.12-acres O-T Approximately 1 ,OOO-square feet Vicinity Map DIIIIIIJ I OJ 1 -- - [[]]]]J]] DID [[[8 EITJ1IID [nTH ITDIIJJ ~ HI I ITIID rj ffiLJj rurrm ~B I [~ bOB 6JJJJ AH 1 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 26 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: The impact fee rate from the fee tables for this use (Specialty Retail) is $1,885 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: There is currently a 1,OOO-square foot single-family home on the site, 5. Description of Adjacent Surrounding Area: a. North: Single-family residences b. South: Parking lot c. East: Single-family residences d. West: Single-family residences 6. Impacted Roadways: Pine Avenue: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: Main Street: Frontage: Functional Street Classification: Traffic count: Speed limit: Nearest intersection: 2nd Street: Frontage: Functional Street Classification: Traffic count: Speed limit: Nearest intersection: Unnamed Alley: Frontage: Functional Street Classification: Traffic count: Speed limit: Nearest intersection: 2 45-feet Major Collector 3,875 east of 1st Street on 11-30-99 LOS C or better 25 MPH 2nd Street, a stop-controlled intersection None Minor Arterial No current count available 35 MPH Pine Avenue, a signalized intersection None Local No current count available 25 MPH Pine Avenue, a stop-controlled intersection 45-feet Local No current count available Not posted 2nd Street, an un-controlled intersection 7. Roadway Improvements Adjacent To and Near the Site Pine Avenue is improved with 2 lanes (no center turn lane) curb, gutter and detached sidewalk abutting the site. The alley on the north side of this site is currently unimproved abutting the site. The alley is currently paved near Main Street. 8. Existing Right-ot.Way There is currently aD-feet of right-of-way (40-feet from centerline) for Pine Avenue abutting this site. There is currently 16-feet of right-of-way for the alley on the north side of the site. 9. Existing Access to the Site Access to this site is currently provided from the alley. There are no curb cuts for access onto Pine Avenue for this site. 10. Site History ACHD has not reviewed this site in the recent past. 11. Five Year Work Program There are no roadway, bridges or intersections in the general area of this project that are currently in the Five Year Work Program. B. Findings for Consideration 1. Right-at-Way District policy 7204.10 states that if a development abuts an existing alley, the dedication of additional right-of-way to obtain a minimum width from the centerline of the alley of 1 O-feet for non-residential uses, may be required. The dedication of additional right-of-way will generally be required in those cases where it can be reasonably anticipated that other adjoining or nearby developments will also allow future dedications of additional right-of-way for the alley. Staff recommends that the applicant not be required to dedicate any additional right-of-way for the alley because the parcels in the area will probably not allow for future dedication of right-ot-way. District policy (Figure 72-F1 B) requires 70-teet of right-ot-way on collector streets. This right-of-way allows for the construction of a 3-lane roadway with curb, gutter and 5-foot wide detached concrete sidewalks. Staff recommends that the applicant not be required to dedicate any additional right-of- way on Pine Avenue because all of the improvements currently exist on the street and there is 80- feet of right-of-way existing. 2. Roadway Improvements Sidewalk District policy 7202.8.6 requires pedestrian walkways or sidewalks on collector streets to assure safe pedestrian travel in commercial developments. There is currently sidewalk on Pine Avenue abutting the site, 3. Alley Improvements . Paving District policy states that if a development is not residential the applicant should be required to pave the entire width ot the alley to its full-required width and to the nearest street and abutting the parcel (7204.10.2). . Access Access is allowed to and from a fully improved alley (7204.10.2). 3 . Parking On site parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of 25-feet from the nearest public street. Request for Waiver of Policy: The applicant has requested a waiver of the requirement to pave the existing alley on the north side of the property. The applicant states that the excavation costs would be too much to proceed with the project; that little traffic from this use will use the alley and there is a city parking lot directly across the street which customers will use (see Applicant's Letter). The applicant is also requesting a modification to the requirement to have 22-feet of back-up space for perpendicular parking. This request is based on the location of the existing structures across the alley (see Applicant's Letter). Staff Recommendation: Since there is a city parking lot across Pine Street that the patrons of this business can use, and there is only employee and handicap parking off of the alley, which will generate very few trips, staff recommends a waiver of the policy to pave the existing alley to Main Street. Due to the location of the structures on the alley on the north side of the site and the low traffic volumes on the alley, staff recommends a modification to the back-up space requirement. The applicant should not be required to pave the alley on the north side of the parcel to the nearest street (Main Street or 2nd Street) and abutting the parcel, due to the above stated reasons. C. Site Specific Conditions of Approval 1. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. 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 (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. 7. 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. 4 'I 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 appiicant at no cost to ACHD. The applicant shall be required to call DIGLlNE (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 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. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 4. 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I., ....//~ Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 8 f\?VEA L (:r{):l-OE. Lr">E S OCT. 29. 2002 8:59AM SLRMC PFS DIRECTOR NO.4 6 2 P. 1 Ocwber 27, 2002 ACHD Commissioner 318 E37lh St. Garden City, ID Re: File Number MCUPQ2-033, Craig Hood We are writing this Jetter in regard to the suggested Conditions of ACHlD to obtain a conditional use permit for the property located at 124 E Pine, Meridian, Idaho. The site specific condition was to pave the alley on the North side of the site to EITHER 2nd Street OR Main Street and abutting the site, Upon discussing with an Engineer employed by ACHD, the base requirements would include excavating close to 2 feet of existing base and replacing it with new matmal at a distance of 150'. We are asking to waive this requirement based on the following: 1. Excavation costs would be too much of a financial bllrdship to proceed with our investment:- (Not to mention the cost of the impact fee.) 2. There is very little traffic that uses this alley. 3. The City of Meridian has a parking lot conveniently located right across the street from the site for customer parking. 4. Our understllncling of when property at 129 E Pine (currently a Comic Book Store) obtained a conditional use permit, they paved only behind the property and did not excavate any of the existing base. The source of this infOIIlIlltion was provided by Brian ChampioD, he previous owner. There is also a parking condition that states 'on site parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22 feet for perpendicular parking.' Due to the location of the structures positioned on the lot there is no wa:y to meet this condition. If there are further questions, please call Joharm at 884-2259 or 362-2972. Thank you for your consideration. Sincerely, Rachael Kretzschmar I~J~ ~vlnt4- APPLICA"'T' 5 : LETTER PUBLIC HEARING SIGN-UP SHEET DATE November 21,2002 PROJECT NUMBER CUP 02-033 PROJECT NAME Johann & Rachael Kretzschmar NAME FOR AGAINST . ~. 'L V ~.u . NOV 21 CITY OF MERIUlAN . .