Loading...
Meridian Counseling & Wellness Center CZC 05-167CITY OF- PYlG�1G>E� 1 ll IDAHO SINCE 1903 CERTIFICATE OF ZONING COMPLIANCE* Date: April 3, 2006 Project Name/Number: Meridian Counseling and Wellness Center— CZC-05-167 Owner: Ruth Larson Site Address: 934 E. 5th Street Proposed Use: Remodel existing structure/site for use as a counseling center Zoning: Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions of approval for Meridian Counseling and Wellness Center (RZ-05-022, CUP -05-028). The issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site. Site Plan: The Site/Landscape Plan prepared by T.A. Whitworth, Architect, on January 4, 2006, labeled Al -1, is approved (stamped "Approved" on April 3, 2006 by the Meridian Planning Department) with the no changes. The approved site plan is not to be altered without prior written approval ofthe Planning Department. Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-313-10, coordinate with the Parks. Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11- 3B -10-C.5. Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed "Van Accessible". Curbin : Per UDC 11 -3B -5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-313-11 and UDC 11-3A-18. Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Lim: Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. NOTE: Because the dumpster for this lot is located off-site (to the north), said dumpster shall be sited prior to occupancy of the subject building. Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 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 remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for the changes mentioned above, the approved Site and Landscape Plan stamped "Approved" on April 3, 2006, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. osh Wilson Associate City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. � IAli !1)nY-!U 1t Planning Department ADMINISTRATIVE REVIEW APPLICATION am Fa Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Administrative Design Review ❑y, �Alternative Compliance E Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Applicant name: n Applicant address: C[:J),+ 9- - S Me-P-9115Uafiq Zip: Contact name: K u h k azno r Phone: I3Zf-2 Applicant's interest in property: P�wn ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Contact name: Primary contact is: ❑ rApplicant IN Owner ❑ Agent ❑ Other E-mail: 0� Sub iect Property Information Location/street address:CA 7Z GG`l� ` 7%t Jfi'' Assessor's parcel number(s): 1J -1 8 D O DD 10 Zip: _ Phone: Fax: M g .3 O l e a v, Township, range, section: b� - Total acreage: a �3 Current land use:�1` r e Current zoning district: �1��� c,J Wbe 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org 1 0 Project Description Project/subdivision name: General description of proposed project/request: _ /L p djy d ia,i/1 kw l o ff Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential 19 Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gloss density (Macre-total land): Net density (W/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: 1 Other lots: Gross floor area proposed: // Existing (if applicable): Hours of operation (days and hours)O p VY Building height: Percentage of site/project devoted to the following: .70 Landscaping: Building: Paving: Total number of employees: Maximum numb%rof employees at anyone time: Number and ages of students/children (if applicable). Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name Applicant signature: Date: jbA 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.orQ 2 934 E. 5''' Street Characteristics This small single family home sits on .13 acres of land five blocks East from Main Street and one block North of Pine Street. The home is currently zoned as residential and we would like for it to be rezoned as Old Towne because we are going to be turning the site into Meridian Counseling & Wellness Center. This small business will provide mental health therapy for children, adolescents, adults and families as well as massage therapy services. 934 E. 50' Street Desirability Rezoning our lot from Residential to Old Towne is desirable to the neighborhood because it provides a much needed mental health facility within walking distance for the community while not changing the character of the residential neighborhood. We will not be changing the outside front appearance of this building to maintain the harmony of the existing neighborhood. In addition, we will be adding many trees and shrubs to enhance the feel of the neighborhood. City of Meridian's Comprehensive Plan Our building site is in an area slated to be rezoned from Residential to OldTowne by the City of Meridian in the near future. Our project came before this rezoning by the city, thus, we need to request our property be rezoned from residential to Old Towne at this time. We believe that a counseling center is what the city planners had in mind when they created the Old Towne category of mixed use property. I011 GA � } iii 3 R b. F �iF a F I] P P P I > HIP. � � � ���( �� t'� � ���PI� � �•� �������} �� l tile ��� as r / f d(dd , 6 NORTH 5T14 STREET 0®ar�9rl'T___ _ E !RJR » pp q 03/07/2006 09:68 FAX 2093841129 ALL1ANCP X 002 mdqmail RRltlt N,0t0lK AIM111f AM t Boy Well �I I{49uNIY1919E�ll�nl Its4IE2W7 WARRANTY DEED thdmPlo,e AT.300"221595L TtIRVAIWE RECLttRO Edak Cab led Mylew Cala, euxemad asd wits, the Ineelm(aA OWN) WOW LtanA barpun,140 and amvey onto JU0m.. 1x4 Kath ie,". ffu.Mad and vVik u♦tme ddmmtlddwk 9Id 24NS4MarWW, ID. U6AI, Ihag IIIIIA AM Poliewfad d"erM pmeliee, Is Ado County, Idako, To WIT; Tke Neal RaffafLul I end the North i faTefLet d is Block I of Cott.t. Home Addition to MeeWW6 adeoflNrt to tIU Official plattkaraof, filed to Book I drlPletaat pageW 6f, OTkdal' Records of Ads C"*, Nairn, TO NAVE AND TO TOLD the Wd Pteadroa, with their rypunce,ocet sono lee tdtl Cf mc, helve: ed mdana flocM. AM Its laid fkwa drat hurter covenant to ad whh the aid Gtmae(a}, lhat (e)he IN.re Ic owna(e} N fee umpla of add pmnfsne telt IheY wa Rea itdm ell maombmnca. Exmpl! Current Yvan Tat a cONtlaaa,e.vinepb, rovektimn�tettrvM(ooa, laeemmo, riyAmenAAdko ofweYr eppnrcnt or ofroo.rd. And thei (,)he win overall end defend the aamo from all taw(ul.Idiml whuwaven Quad: 9apbmberiz IWa oe Etw of IdaM/%j� County of on It 0 Mfpk a puny public inert arc to kfwid stat!, panmry ire Ihv 0 r Imown or idmd9c5 to peeva:pl whoa new 4) .ra a eaibttim the WIMA Iromanmt and eeWawludgrd a me test boidlem MY motpo e4me. FN WITNM WNEMP, l hove hemw. ed my bend end afl{x JnyoMaivaea thedny�.n ye.r(n thio tttti(aft IRu iPaeW ntirlgl �1�� jl`deleg�kMAJC.A7S Maty WIIGfq tM le �iLWiW RaWinfm . �>� Commlatee E�ha: o �% wiU'v STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST kille (name) (gddress) r f $ (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this '�? Gl day of l 1 ,./(Signature) SUBSCRIBED AND SWORN to before me the day and year first,abo}e written. Notary Pubgr- State+Idaho t Public for Idaho) My Commission Expires: 9 '-7'07 Project Name: Specifications: IRRIGATION PERFORMANCE SPECIFICATIONS UDC 11-3B-6 aV1 Available Gallons per Minute: wct -GC Di' urC�" Available Water Pressure: EDO t0 i Point of Connection (describe and/or submit a site plan): Primary Connection: Secondary Connection: 4 og ( (nes-S ce?�,TkK Landscape Area: If the irrigation system is hooked t ity water as a primary or secondary water source, submit the square footage of landscaped areas to be irrigated: (®� «�- J rJ Ra I i G r�, �& square feet n� Backflow Prevention _A backflow prevention device must be installed as required by City Ordina;te 93. Coverage: The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates: Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones: Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas. Overspray: Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. Notes: Irrigation Required: All landscape areas shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source: Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than % acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: I have read and understand the above specifications and notes far irrigation systems and hereby affirm that any irrigation system installed for the project mentioned above will comply with these specifications and notes. :Applicant's >✓/� (,�; Date: Property Management No 0731 1673 - 0306 Street: 934 E. North St. (frontage along E State St. and E. North 5th St. in Meridian) T.3N., RAE., S.7 TEMPORARY LICENSE AGREEMENT _PR 0 3 2006 CITY OF MERIDI-NN THIS TEMPORARY LICENSE AGREEMENT (the "Agreement') is made and entered into this day of 'I A94, -;lam , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD") and Ruth Larson, an individual (collectively "Licensees"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right -of -Way"). 1.2 Licensees desire a license to use the Right -of -Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensees. SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensees a license on, over, across and under the Right -of -Way for the following uses and purposes (`Authorized Use") and no others: The Licensee is to construct and install Curb, Gutter and Asphalt Pavement per the approved Civil Drawings (Exhibit A) located within ACHD R/W along E. State St and E. North 5th St in Meridian. The Licensee will also construct, install and maintain landscaping consisting of trees, shrubs, flowers and srinkler system located within ACHD R/W along E. State St, and E. North 5t St. in Meridian, ID. per the landscaping plan (Exhibit B). Final grading of landscaped areas shall slope away from Right of Way "hardscape" improvements including the edge of pavement, curbing and sidewalks. In general, licensee to install landscaping and sprinklers in a manner to eliminate irrigation flows and/or ponding of irrigation water within the ACHD Right of Way. Licensee will not install landscaping or irrigation lines between edge of pavement and flow line of ditch. Any perennial trees or plants that will LICENSE AGREEMENT - Page 1 (5/16/02 extend roots deeper than 18 inches shall be prohibited over ACHD underground seepage beds, infiltration facilities or piping systems. Infiltration areas shall not be covered with sod or non -free draining materials/soil, unless other wise approved by ACHD. Grass can be hydro seeded or planted in these areas with approved soils mix. Access to inlets and outlets of ACHD Drainage Areas shall not be planted with trees, shrubs or any landscaping that would impede heavy equipment vehicle access. Licensee to observe the 40' sight triangle within the subdivision and will not plant any shrubs or trees within the area or over any utility lines. All trees in the public Right of Way to be maintained by Licensee for clearance of 14' over all roadways measured at gutter plate and 8' over all sidewalks. Licensee to contact Digline Inc., prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensees the right to use the Right - of -Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right -of -Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109(5)) Licensees' Authorized Use is subject to the rights of the public to use the Right -of -Way for Highway purposes. Licensees' Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right -of -Way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance, of the Licensees' improvements currently located in the Right - of -Way or the installation or construction of improvements by Licensees in the Right -of - Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensees. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEES. Licensees acknowledge and agree that the license granted herein is temporary, non -transferable, and merely a permissive use of the Right -of -Way pursuant to this Agreement Licensees further acknowledge and agree that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensees have realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensees hereby waive and estop themselves from asserting any LICENSE AGREEMENT - Page 2 (5/16/02 claim that the license is in any way irrevocable because Licensees have expended funs on the Improvements and the Agreement has not been in effect for a period sufficient for Licensees to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement will commence on the L9 day of , 2006, and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 5.2 If Licensees default in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensees hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensees, which notice shall specify such default(s). Licensees shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACRD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no fee for the Licensees' Authorized Use of the Right -of - Way under this Agreement. SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN; RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensees shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensees shall have access over, across and under the Right -of -Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right -of -Way is damaged as a result of: (i) The performance by Licensees of the maintenance required by section 6.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensees' design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensees shall forthwith correct such deficiency and restore the Highway and the surface of the Right -of -Way to the same condition it was in prior thereto, and if Licensees shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensees agree to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. LICENSE AGREEMENT - Page 3 (5/16/02 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensees' use of this license which threatens the stability or function of the Highway on or adjacent to the Right -of -Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensees necessary emergency repairs. 7.4 Licensees will be responsible for the relocation of any existing utilities located on the Right -of -Way as may be required in connection with any construction or installation of Improvements by Licensees in the Right -of -Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right -of -Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensees hereby accept responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACRD, which shall be accomplished by Licensees according to designs, plans and specifications approved in advance by ACHD in writing; provided Licensees may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensees adequate written notice as necessary to allow Licensees to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensees such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensees to obtain a permit under ACHD policies, Licensees shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEES. Licensees shall have no right, title or interest in or to the Right -of -Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACRD. Any and all costs and expenses associated with Licensees' Authorized Use of the Right -of -Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensees. SECTION 12. TAXES AND ASSESSMENTS. Licensees agree to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. LICENSE AGREEMENT - Page 4 (5/16/02 SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensees will promptly remove all Improvements and restore the Right -of - Way to at least its present condition. Should Licensees fail or neglect to promptly remove the Improvements and restore the Right -of -Way, ACHD may do so, and assess Licensees for the costs thereof. Provided, ACHD and Licensees may agree in writing that some or all of such Improvements are to remain on the Right -of -Way following termination, and by entering into such an agreement Licensees thereby disclaim all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right -of -Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensees need not remove the same from the Right -of -Way. SECTION 14. INDEMNIFICATION. Licensees hereby indemnify and hold ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensees, Licensees' employees, contractors and agents, to properly and reasonably make Authorized Use of the Right -of -Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right -of -Way by Licensees, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensees hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensees' obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW: WASTE AND NUISANCES PROHIBITED. In connection with Licensees' use of the Right -of -Way, throughout the term of this Agreement Licensees covenant and agree to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right -of -Way. Licensees covenant and agree to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. LICENSE AGREEMENT - Page 5 (5/16/02 SECTION 16. ASSIGNMENT. Licensees cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of ACHD, which consent will not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensees herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensees: Ruth Larson, MA, LCPC 934 E. North 5" Meridian, ID 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensees assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. Warranty of Authority to Execute. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of. ACHD. LICENSE AGREEMENT - Page 6 (5/16/02 22.2 If Licensees are not a natural person, the person executing the Agreement on behalf of Licensees represent and warrant due authorization to do so on behalf of Licensees, and that upon execution of this Agreement on behalf of Licensees, the same is binding upon, and shall inure to the benefit, of Licensees. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. ADA COUNTY HIGHWAY DISTRICT KathSmith, Right of Way Supervisor LICENSEE: ci' y: uth Lars n, MA, LCPC Its: Owner/Developer EXHIBITS Exhibit A - Approved Civil Drawings Exhibit B - Landscape Plan LICENSE AGREEMENT - Page 7 (5/16/02 A R — DETAILS R E N U E zo v, F .. J. )TAI GRAINS EAST N C -D -S L AT m rc L PAVING tOF CF RUNOFFI< CREASE IN RUNOFF. -602 o p9 PAINTED oErecueLE w euros y +o ��'�' DRAINS TO L/r iRPiFlC YELLOY M 1. � 9soDss o +DD - + � Ir EXIST. D I ORB TERMINUS 25 FOOT STANDARD f6O3 @ <_/Y!� TYPE It TERMINUS BARRICADE s >' ACHD DRVE APPROACH ��+"�y,. STOP ^0 0'hV G.e: -- TR, 60� s`,jpdp s� e q 0 BIOFILTRATION se \sos N 8910113275. A PPEP. h� 9EL01 O� �. 55 0 A. GRASS, MAINTAIAEC�_ &a pma I1p, Ili, A I F KT 1m 05 IN to to c >h T 0IA \4 �t O SC5 } e O a3 a L4v. ma' I Mao J I H BIOFILTRATION 5+ 10126 1D -4C W NOTES: Pf m Ate AlDA, a I H.) ALL PARKING LOT GRAD Strep! Cons U i)Pn 21) ALL RADIUS' ARE TO P PONT 3, HP RADIUS �PA� 4.) THE CONBACTOR'HAL 9Y CITY OF MERIDIAN tT 5.) THE CONTRACTOR SHAL pp�� ITHERMEAS E LAYERS ( DRAINAGE FACILITY. CO CONTACT MERIDIAN ME 6.) THE CONTRACTOR SLA syb In des INSPECTION OF ALL ER 7) RICH° CHARGE FROM THE A D I N G P L A N 6Y THE CITY OF MERID. STAMPED 'APPROVED F 3,) THE ROADWAY STR"TJ 2823 SQ. FT (46 % OF TOTAL. SITE) OF. 3' ASPHALT TONCP GRADING AND DRAINAGE - 20--JECHES'OF 6 -INCH 1/12 FOOT SHALL BE COMPACTED - MERIDIAN COUNSEJNG 235 CUBIC FEET OF WATER rx > 235 CUBIC FEET 75% FULL ,MTC 398 CUBIC FEET FULL - SY, 1.7 nWLn: 05-a54HH {..... 1)71FT) 'Ty ,„a, ll H180®11NA 'U '1 81. iai io lls M'8 Bull esunop u¢°Ipls¢W r B¢p' 0111, 3ullasunop of is powsy esnop � qq 0 � o s=a 0 0 a V iai io lls M'8 Bull esunop u¢°Ipls¢W r B¢p' 0111, 3ullasunop of is powsy esnop � qq 0 � o s=a G .. Ntlld 3dtl OSONtlI 8 3115 z d t ¢ppOyy� Ji yy �e-• t s§y[ Ee � ra �y{e^s Ery .� i�'a�`v Fm ea? 9^ s ;L ➢ � a d, ps9a fms 8s ��- =p 1pS mF q ,3, - b...._ ntni i.i a. i.4 a L: dd' i.b �• B3•[i9F - �o � � Eil 'il 1 3 X211 S --R 1 5 H 1 �O al' w- LOOZ/LZ/8 'woo joV Mau -pe ay} Io dead Beaus e JaE) loal!goad 'glaoMl!LIM souaogl quogl •ZOZ f-9££ to Iloo o Gua an!6 asoald suollsanb louo!l!ppo /quo anoq no (11 FDulpl!nq ay} to luoil ay} uj aaow puo oaao bu!�aod aql ui pollolsui aaagnn sluold aanna� •Z •pallolsul aq ll!m UGPJo6 loiuuaaad D ppalsui asnoq eql to ap!s glnos aql uo papolsui lou aaaiw suoipuepopogy f 'uold oql of epow aaagm sa6uogo bu!mollol aql •uollo6!aa!/odoospuol agl to uollopolsui aql gl!nn aouo!ldwoo lo!luolsgns gooaa sog loefoid ayl aaluaD ssaullaM 12 gllpaH uo!puaw uo!p!aaW to Alla suosabd II!9 g00Z 'LZ lsn6ny (Joefgns ou) :JoofgnS suosaed IN :ol WV 9Z:6 LOOZ 'LZ Jsn6nV ' tepuoW :JUGS W oo ' Ioe@@ banl jW o ql : w oa =l SUosaed 1118 I3o I odea Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: �I id4 G �` -�1l s ¢'�(@s 'File #: Applicant/agent: �,��)(i All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff Description Com leted & signed Administrative Review Application ; / Narrative fully describing the proposed use of the property, including the following: l �1/ ➢ Information on any previous approvals or requirements for the requested use i.e., applicable conditions ofap roval or Development Agreemera Recorded warranty deed for the subject property,...: Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, submit a copy fthe Articles offtcoilnoration or other evidenceto show that the person saining is an authorized agent) Scaled vicinity map showing the location of the subject property Irrigation Performance Specifications form completed & signed by the applicantagent Sanitary Service Company a roval for trash enclosure & access drive (stamped site plan) C -U6+ `_! A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more see UDC 11-3A-11 - Site Plan -4 copies (folded to 8 %:" x 11" size) The fallowinI4 items must be shown on the siteplan: 1' • Date, scale, north arrow, and project name (scale not less than V=50') - • Names, addresses, and telephone numbers of the developer and the person and/or firm Preparing the plan • Parkine stalls and drive aisles / • Trash enclosures location • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived ifyou prow no water rights exist to subject roe - • Sidewalks or pathways (proposed and existing) - • Location of proposed building on lot (include dimensions to property lines) • Fencing (proposed and existing) / Calculations table including the following: J ➢ Number ofparking stalls required & provided (specify handicap & compact stalls) ➢ Building size (sq. 11.) ➢ Lot size (sq. ft.) _ ➢ Setbacks ➢ Zoning district • Reduction of the site plan 8 %" x I I" Landscape plan— 3 copies (folded to 8'/" x 11 size) - Plan must have a scale no smaller than 1 " = 50' 0 ". = 20' is preferred) and be an a standard drawing sheet, not to exceed 36"x 48" (24"x 36"is preferred). Aplan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match liner on two or more sheets. The following items must be included on the landscapeplan: • Date, scale, north arrow, and project name • Names, addresses, and telephone numbers of the developer and the person and(or firm- preparing the plan - • Existing natural features such as canals, creeks, drains, ponds, wetlands, 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 + :Facsimile: -(208) 888-6678 Website: wvnv.meridiancity.org ijok rd -K Ira ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall bepaidprior to the issuance of a building permit. Ifany changer must be made to the site plan to accommodate the ACHD requirements, anew site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved yourplans and all associated fees have been paid. THISAPPLICATIONSHALL NOTBE CONSIDERED COMPLETE UNTIL STAFFHASRECEIVED ALL REQUIRED INFORMATION. • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. • A statement of how existing healthy trees proposed to be retained will be vprotected from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, J parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, si s, street furniture, and other man-made elements. • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one-foot contours. • Sight Triangles as defined in 11-3A-5 of this ordinance. ( Location and labels for all proposed plants, including trees, shrubs, and Jgroundeovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name minimum planting size and container, and comments (for spacing, staking, and installation as a ro riate). • Planting and installation details as necessary to ensure conformance with all required standards. • Design drawing(s) of all fencing ro osed for screening purposes • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Number of street trees and lineal feet of street frontage ➢ Width of street buffers (exclusive of right-of-way) ➢ Width of parking lot perimeter landscape strip ' ➢ Buffer width between different land uses (if applicable) ➢ Number of parking stalls and percent of parking area with internal landscaping ➢ Total number of trees and tree species mix ➢ Mitigation for removal of existing trees, including number of caliper inches being removed Reduction of the landscapeplan( 8 Y2" x I l" Building elevations showing construction materials Fee ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall bepaidprior to the issuance of a building permit. Ifany changer must be made to the site plan to accommodate the ACHD requirements, anew site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved yourplans and all associated fees have been paid. THISAPPLICATIONSHALL NOTBE CONSIDERED COMPLETE UNTIL STAFFHASRECEIVED ALL REQUIRED INFORMATION. > a P n e it It r M I 4 IIFN FW x477 `Ii 'M""RU P Ills��''�� 0 R76 R1878000320 9s000z6o R157800019d' R7596000300 pe 87096000250 1 81578000160!; i 81578046 F R7596000305 i R1375000200 87596000315 R759600024.2 81578000135R15790 Do i Qjs ! w , R15790p0205 `. ? RI578000,301 U59 00326 ol oh, H 000, R1575000369 81679000290 t 400 i t, I ftw r. . . . . . . . . . . . . . . . . ...... ................... ......... ........... ..... . . .. .... ` 87596000385 • R7396o00375 '?'CP R, 976000380{ R2039450005 81678000090 R7578000110 R7596000400 i I R1578000005 t R2059450010 R.' IjlP7596000555 I -j R1578cooJI6 87508000410 -5 81576000370 R7591500045 i R76060041421 i 81578000076 t R20,3945uuiD R.' S, R157 8000125 i S jo j RIS sa a 0 . .......... .. ....... ........ .. L ................ .. ....... ..... .... -MT- ...... .......... ............... ......... k ....... .............. 17T ........... 10 '1 tI t 1 4 R1578000460 to" fC 00 Ira, R1575000020 81578000455 R15 oa45 030 51107314850 81578000445 a mJ 5110731 4872 5110731 S1107.314900 -RI5730aOrtoa R1070000420 578 —v" 65 ER64j PR 131950ODBE NE w i 8641 It R6� t.1 ' .. CMm gf-- Nt, 'A :4 R64 oll 7:,:. a � ,w5 ��? `'.at '�>e N ?'.: t;®� o o =i�t'�l!M9.F,LE.,CREF�. V1. 'M IS, wup !tl is < w U) UL w IS HIll 3 I i r lir vurzr"rz� c. i f, -,\I 14 ��� lir � Yy�9�lAA�iS�4� .,y f, -,\I 14 ��� s5�eo (A) 00b ��ZGG7/tCi �' lL{tt/llVtUt't/l 3igilrl(}r d %Ck-k S✓ -. C(2 ®(:- 'GLd Iditj0 . . I j - CHD 1W ifta �io�wrwG�`eel� 5'ryN�cc April 25, 2006 Applicant: Ruth A. Larson 934 E. 5`h Street Meridian, ID 83642 Subject: MCZC-06-167 934 E. 5`h Street Wellness Center John S. Franden, President Carol A. McKee, 1st Vice President Dave Bivens, 2nd Vice President Sherry R. Huber, Commissioner Rebecca W. Arnold, Commissioner On April 25, 2006 the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6187. Sincerely, '^ ���f/I� Andrew Mentzer Planner I Right-of-way & Development Services CC: Project file, Construction Services, Utilities, Meridian Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-761M . 4qu-) CHID co,r.Wxo Project/File: MCZC-05-167 Lead Agency: City of Meridian Site address: 934 E. 5th Street Staff Level Approval: April 25, 2006 Applicant: Ruth A. Larson 934 E. 5th Street Meridian, ID 83642 Staff Contact: Andrew Mentzer Phone: 387-6170 E-mail: amentzerflachd.ada id us Tech Review: April 21, 2006 Right -of -Way & Development Deparhnent Planning Review Division Application Information: Acreage: .13 Current Zoning: O -T Commercial Units: Meridian Counseling & Wellness Center A. Findings of Fact Existing Conditions 1. Site Information: The site is currently occupied by a single family dwelling. 2. Description of Adjacent Surrounding Area: 3. Existing Roadway Improvements & Right -of -Way 5th Street is currently improved with 2 traffic lanes and no curb, gutter or sidewalk abutting the site. 5'h Street currently has 80 -feet of right-of-way. State Avenue is currently improved with 2 traffic lanes and no curb, gutter, or sidewalk abutting the site. State Avenue currently has 80 -feet of right-of-way. 4. Existing Access: There is currently one rural access to the site from State Avenue located approximately 55 -feet east of the west property line. 5. Site History: ACHD has not previously reviewed this site for a development application. Development Impacts 1. Trip Generation: This development is estimated to generate approximately 28 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual, Clinic land use designation. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit 5` Street 60' Local 390 South of N/A 20 MPH Washington on 05/14/1997 State Avenue 100' Local N/A 20MPH 1,396 East of Meridian Rd. on 11/01/2005 5. Capital Improvements Plan/Five Year Work Program There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the Five Year Work Program. Pine Street is slated to be expanded to 3 -lanes near the site in the Capital Improvements Plan. B. Findings for Consideration 5th Street Right -of -Way Policy: District policy 7204.4.1 and Figure 72 -FIA requires 50 -feet of right-of-way on local streets. This right-of-way allows for the construction of a 2 -lane roadway with curb, gutter and 5 -foot wide concrete sidewalks. Street Section Policy: District policy 7204.4.2 states, "developments with any buildable lot that is less that 1 -acre in size will typically provide streets having a minimum pavement width of 32 -feet with curb, gutter and sidewalks. The total street width shall be 36 -feet from back -of -curb to back -of - curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5 -feet in width unless 2 they are separated from the curb 5 -feet or more in which case the sidewalk shall be a minimum of 4 -feet in width. Applicant Proposal: There is 80 -feet of right-of-way existing for 511 Street. The applicant has not proposed any street improvements abutting the site. Staff Recommendation: Applicant should be required to construct vertical curb, gutter, and 5 -foot concrete sidewalk within the right-of-way for 5th Street abutting the site, in compliance with District policy and requirements. No further right-of-way should be dedicated with this application 2. State Avenue Right -of -Way Policy: District policy 7204.4.1 and Figure 72 -FIA requires 50 -feet of right-of-way on local streets. This right-of-way allows for the construction of a 2 -lane roadway with curb, gutter and 5 -foot wide concrete sidewalks. Street Section Policy: District policy 7204.4.2 states, "developments with any buildable lot that is less that I -acre in size will typically provide streets having a minimum pavement width of 32 -feet with curb, gutter and sidewalks. The total street width shall be 36 -feet from back -of -curb to back -of - curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5 -feet in width unless they are separated from the curb 5 -feet or more in which case the sidewalk shall be a minimum of 4 -feet in width. Applicant Proposal: There is 80 -feet of existing right-of-way for State Avenue. The applicant has not proposed any street improvements abutting the site. Staff Recommendation: Applicant should be required to construct vertical curb, gutter, and 5 -foot concrete sidewalk within the right-of-way for State Avenue abutting the site, in compliance with District policy and requirements. No further right-of-way should be dedicated with this application. 3. Driveways Offset Policy: District policy 72-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near edge to near edge). Width Policy: District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway. Applicant Proposal The applicant has proposed one access point with this application. The proposed driveway intersects State Avenue approximately 55 -feet east of the west property line. It is a 25 -foot wide approach to be used as a primary access to the site. Staff Comment/Recommendation The proposed driveway should be approved as it sufficiently meets District policy requirements. 3 C. Site Specific Conditions of Approval Construct the site's access point intersecting State Avenue a minimum of 50 -feet east of 5'h Street (measured near edge to near edge) to be no more than 36 -feet wide, paved its full width at least 30 - feet into the site. This access should be constructed as a curb -cut. 2. Construct State Avenue with vertical curb, gutter, and 5 -foot concrete sidewalk abutting the site. 3. Construct 5`" Street with vertical curb, gutter, and 5 -foot concrete sidewalk abutting the site. 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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. 8. 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. 9. 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. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) 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 ACRD conduits (spare or filled) are compromised during any phase of construction. El 12. 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. 13. 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 The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 4. Development Process Checklist 6 NORTH 5TH STREET ________ eR R Y } V p 13 1 if # Qi T fl U frIf ! 73i Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. 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. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 7 Development Pr•Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do one of the following: ❑Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ❑Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ❑For ALL development applications, including those receiving a "No Review" or "Comply With" letter: • The applicant 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. (Note: if there are no site improvements required by ACRD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACRD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOUR Construction (Zone) ❑ Driveway or Property Approach(s) • Submit a "Driveway Approach Requesir form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑ Working in the ACHD Right -of -Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction — 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) ❑ Sediment & 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. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. ❑ Final Approval from Development Services ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con. 0 r, PLANNING & ZONING DEPARTMENT INSPECTION CHECKLIST COMNIE+RCIAL/CZC SITES Rei, 25it)j s:��P<�ZBradiAe$Z.dt,rtrinlJepu: inert Pulte ��� - This checklist should be attached to the inside cover of the CZC file at ALL tunes. Planner/inspectorName: 13r 11 1's0n.S / Project Name: 66W;c?1`ae 1-khkwsr CZCFileNo.: U(f-bS--/E? Contractor/Company Name: /SIM. Phone No.: First Inspection Date: 7 / ZV I U% Second Inspection Date: Third Inspection Date: / / (NOTE: If a third inspection is required, a fee of $60 must be submitted to theP&ZDept. be ore the inspection is done) Landscape Plan Checklist Item Site Notes I ox. M— P MY PpTav B Street buffer / Tterimetei / Bufar'et(ait {tea a g `, r t , S 1. Width of buffer (exclude detached siw widths) 2. # of trees / ✓ 3. Caliper/size of trees (measure 6-8 inches above / V/ ground) 4. Species mix per plan V 5. Groundcover (if seeded, veriyy errnination) 6. Right-of-way landscaping / 7. Verify no encroachments (e.g. fencing, arldng) / 8. Berming (max: 2;1 slope; � i 3:I(� (< l �aZawn 2w -?}M - 1,Verify min. 5' b/w curbs 2. Verify min. 50 sq. ft. �` 3. Plantings per plan i % D Existing trees/rzitigatiori 1. Verify existing trees) retained Z. Verify mitigation tree(s) planted ✓✓' Rei, 25it)j s:��P<�ZBradiAe$Z.dt,rtrinlJepu: inert Pulte ��� - Site an:7Chedck�list Item Site Notes O.K. roved site W 1. Standard stall dimensions Y'k) 2. Compact stall dimensions ItI14 3. Handicap stall dimensions 4. Handicap signs/striping 5. Aisle width 6. Wheel stops (if required) 1. Min. 3 -sided 2. Constructed s 1. Verify lo 2. Verify minimum width E. Curbing 1. Installed per plan FSPccial conditions/RcdIjnes 1. Verify any sp=ecial conditions from CZC or n redline notes on plan are complete 2 Rev. 5.25/05 s-=P&-Z'Brvd P &ZAdini I-DepwtinewPoliciey Post -Inspection Checklist * The only instance that a CO may be released prior to 100% completion of improvement is inclement weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2. -> Ret% 5/25iti? c'P&I 3 uiiY<tZ:?{rr*D::7,{rarr;rcrtPulrc;:�;