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BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. CUP-02-033
REQUEST FOR CONDITIONAL )
USE PERMIT FOR RETAIL SHOP ) RECOMMENDATION TO CITY
FOR CHILDREN’S GENTLY USED ) COUNCIL
CLOTHING, TOYS, ETC. IN AN )
O-T ZONE )
JOHANN & RACHAEL
KRETZSCHMAR,
Applicant
1.The property is located at 124 E. Pine Street, Meridian.
2.The owner of record of the subject property is Johann & Rachael Kretschmar, 9980 Roan
Meadows Drive, Boise, Idaho 83709.
3.Applicant is owner of record.
4.The subject property is currently zoned O-T (Old Town). The zoning district of O-T is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
5.The Applicant requests the 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).
6.The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7.The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF CONDITIONAL USE PERMIT FOR A
RETAIL SHOP FOR CHILDREN’S GENTLY USED CLOTHING, TOYS, ETC. BY JOHANN & RACHAEL
KRETZSCHMAR – CUP-02-033 - Page 1
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City Council
of the City of Meridian that they approve the requested Conditional Use Permit as requested by
the Applicant for the property described in the application, 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.
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.
B. Adopt the Recommendations of Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Comply with all Standard Conditions of Approval.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF CONDITIONAL USE PERMIT FOR A
RETAIL SHOP FOR CHILDREN’S GENTLY USED CLOTHING, TOYS, ETC. BY JOHANN & RACHAEL
KRETZSCHMAR – CUP-02-033 - Page 2
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.
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 of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF CONDITIONAL USE PERMIT FOR A
RETAIL SHOP FOR CHILDREN’S GENTLY USED CLOTHING, TOYS, ETC. BY JOHANN & RACHAEL
KRETZSCHMAR – CUP-02-033 - Page 3
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.
C. 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.
D. 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.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF CONDITIONAL USE PERMIT FOR A
RETAIL SHOP FOR CHILDREN’S GENTLY USED CLOTHING, TOYS, ETC. BY JOHANN & RACHAEL
KRETZSCHMAR – CUP-02-033 - Page 4