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Music Mantra CZCV 11-003~y7C' ~~E IDIANr+-- ~~~t~o February 11, 2011 Mrs. Jeanetta Asbury 2715 W. Sugarberry Drive Eagle, ID 83616 RE: Music Mantra - 55 W. Willowbrook Drive (CZCV-11-003) Dear Mrs. Ashbury: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This letter is to confirm the approval of your certificate of zoning compliance verification application to change the 1,300 square foot office space to a professional service space (music instruction). The professional service use is principally permitted in the L-O zoning district, per UDC Table 11-2B-2. The applicant, director, or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before February 26, 2011, within fifteen (15) days after the written decision is issued, and contain the information listed in Unified Development Code (UDC) 11-SA-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web-site at www.meridiancity.org departments/planning/comment card to fill out a customer survey and give us feedback on how we are doing. Si erely, ~..SL ~-- ete Friedman, AICP Deputy Planning Director Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org E IDIAI'~T.~--- ~~#~t Planning Department CERTIFICATE OF ZONING~QMPLIANCE -- ~ VERIFICATION Appl cipl ation Checklist Pro'ect name• /I/~r4 s~G ~~a. File #: GZG~-11-~3, Applicant/agent• Je~ta1,z'~0. /fS~a~ All applications are required to contain one copy of the following unless otherwise noted: App~l~icant Description Com leted & si ed Administrative Review A lication Staff ~ ~ Letter and/or Narrative full describin the ro osed use of the ro e Recorded warran deed for the sub'ect ro e Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation, submit a co of the Articles of Into oration or other evidence to show that the erson si in is an authorized ent. Scaled vicini ma showin the location of the sub'ect ro e Co of the recorded lat the roe lies within 8 '/2" x 11" Address verification letter from Develo ment Services 887-2211 Fee If this ro'ect had rior a royal on a site lan, reduced fees ma a 1 A CHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. 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 & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. ~~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org ~i oiosio9~ E IDIAI~T--- Planning Department ~ ~ ~ RATIVE REVIEW APPLICATION ~~ ~E8 b°~ ~0 Mer'd'~ 4 of Review Requested (check all that apply) ~-;~~ Ok npDattm ^ Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ~ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other File number(s): LZGU -11 ' D ~3 Project name: /-,IuSIG N~''a- Date filed: 2 - 9' /??~ Date complete: - ~~' l f Assigned Planner: U+ ((P~SonS Related files: CZC -D/- 0,3 Applicant Information Applicant name: Jeanetta Asbury Phone: 208-887-6805 Applicant address: 2715 W. Su ag r~rry Dr. Eagle ID Zip: 83616 Applicant's interest in property: ^ Own ~ Rent ^ Optioned ^ Other Owner name: Dale ~o~ar ~ ~~arws e,. 8n ~¢S~ 1PrDrPar*'"S ~ ~ L Phone: Owner address:` ' y00 W Sc~.~ f ; G(,~ ~Q~, 1ot'.,~ro ~ as , ~o~ Zip: $ 3y~ 2 Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Zip: Primary contact is: Q Applicant ^ Owner ^ Agent ^ Other Contact name: Jeanetta Asbury Phone: 208-887-6805 E-mail:jasburvstudios(cr~,me.com Fax: Subject Property Information Location/street address:55 W. Willowbrook Dr. Assessor's parcel number(s):S1201417308 Township, range, section:3N 1 WO1 Current land use: D~~i e_c. Bf,~ ~ Total acreage: 1.46 Current zoning district: LL=O Phone: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 Website: www.meridiancity.org 1 (Rev. 11/4/08) Project Description Project/subdivision name:Music Mantra of Meridian General description of proposed project/request:We will be teaching music lessons piano, voice, guitar, etc. Proposed zoning district(s): ~.-d Acres of each zone proposed: ~ ~ y Type of use proposed (check all that apply): ^ Residential ~ Commercial ~ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): _ Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of 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: j Other lots: Gross floor area proposed: ~ ss t/xisting (if appplicable): Hours of operation (days and hours): 9 ~~ Q M - ~ • ~ Pm ~' J~(~ Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maxim` u1m num~er of employees at any one time: Number and ages of students/childre (if applicable): V0.1~~~-t- ~1 Seating capacity: Total number of parking spaces provided: ~ r Number of compact spaces provided: Authorization Print applicant name: Applicant signature: , 33 E. ] rT-oiid; Phone: (208)884-5533 • Date: Meridian, Idaho 83642 888-6854 • Website: www.meridiancity.org 2 ~s~..~..,~q ,2s~,~ ~a ~~,. ~~-~ c~~, eA+~c~n,~ .ll.`s v.~wlc~ ~ ~~ ~~~ A M~S1 C~3~id1 5"T~ d~ l U p~ 55 W . lr.~~Ilo.Ju-~.~. ~~~~ Ices , ll~s ~,J~~~ ~ ~c~n~~~ V'+~~si c 1_uflorr~ s ~b s~u~1.9v~k~ in c,~ucai~nc, p~~.'~a ~~aic.~ ~~vik~,n~ wn~)I ~ss~b~.a o~ ~,~ qs vanio~l3 '~uc~ ~v~rn o~c s~vd:,..~ - ~,es~, a,~s: ~f-Q~-,fi a(~ c~ ar~o a1 ~ sr~4Q o.~c~~ erF ,F~n a, I~ '~~K `~o~ ~.~~~~ ~~sbut ~c~ ~g~ -Co~~S ~r eo ~iDA~~o ~ is ~~ ruvAtwo wt-touxr 9.~ ~. ~R l~coRDING MAII. TO: °~collDED--"REO~ OF ~I IIYN~IIINI~~IYII~IIa I I ~I Find AlilerleN 10513828 BD 1Mest Properties, LLY~ 400 W. Sunnyside Wand Ydaho Falls, Idaho 83402 QuzTCUUM aFEu Flle No.: NCB-179116-e0I (eg) DaOe: August 17, ?.005 For Value Received, Aspen West Propertles, LLC, en Idaho Ilmltrld liability cwnpany, do(es) hereby convey, release, remmise, and forever quit claim unto 6D West Pr~aipertles, t.LC, an Idaho Wmloed liability tympany, whose address Is 600 W. sWnnyaide Road, Idaho 1=ells, idala 63402, t1~e folbwing descrit~ed premises In Ada Cannty, Idaho, Oo-wit: A pared of land locsbed In tiNr Northeast Quarter of rise Soutl~east Quarba' of Section i, Township 3 North, Ranee i West, Bolas Meridian, Ada county, Idaho, saki pared being rretemed Eo ari Parr~el 2 qt Renard d Survey Na 2947, recorded August 10,1994, as Inatrvment No. 94094060, and bring more particul:lrly described as follerrx Comnsendng at the bast qusreer corner of Sectlon 1, Township 3 Nordy RAnge 1 Weed liolse Meridian; tbenoe South o°25'30" East 1,324.031bet along fire East Ilne of said Section 1 to the Southeast comer d the Northeast Quarter of the Southeast Quartsw, thence South 89°48'95" West 30.00 Feet to a point on the WesGeriy right a! . way a<MerldirAn Road, the REAL POINT OF BFGINN>rNG of this deeraiption; thsrlce Sontb 89°46'3S" West 327.82 feet along the Soutlr Ilse of said Norttreist Quarber ar the Southeast Quarter to the soutfieast Qorner of MERIDIAN MANOit NO. S; tlrence North 00°11'25" West 25L17 feet tb a point on the Nortileliy right of way of M1111owDr+ook Drive along said Northerly right of way the folbwing: ifiance South 61f°05'2S" East i8S.74 feet >Do s poMt d curratun:; thence abng a curie to the left 106.12 feet, said curve having a radius of 265.00 feet; a central angle of 71°7A'W3", tangents of 53.68 feet and a chord of t09.S11bet whldr bears Swrth 79'45'28" Fast to a point eR tangency; thence North 89°34'30° tit ?A.09 feet to a point of curvature; thence along a curve >Do the rl0ht 31.24 Beet, said turns baring a radius of 20.00 feet; a oerrtra! anglt of 90°00'00", tanpen~ of 20.00 feet and a chord of 28.78 feet whfdt bears v~ i ~ 3 3 E0/Z0 3Jtid ~ll~d~21 lIX3 9059888802 0E ~Zt iTOZ/0t/Z0 APN:81201~1730! STATE QF Idaho COUNTY OF L~1` i L IQ QWWihn Deed - oouWmed ss. f51e N0.: NCS-179116^~ (p) ~AO~ 09/17/2005 On this «~ day' of Augussly 2005, before me, a Notary Pu01lc In and for said State, personally appeared Dale N. Tlwampson, known or Identified to me to be the person whose name Is substrlbed m the within Irrstr'ument as Managing Mew~ber of the Aspen West P~operlles, LLC , YmlEed Itablllly company, and acknowledged tD me that such IlmPoed c~ornpany executed same. In wi~MI f, I have hereunto set my hand and affixed my ofFldal seal the day and year In this ce~~Q9~written. n t~T~j, w+~ ,~g~>~ I~obry Public >~r the of Idaho Restding aG~~iia~~~da My Consmisston Expires: ;~ ss. COUNTY o~ M rrk ~ d August' 2005, before me, a Nr~ry Vublic In and fcr Bald State, personally appeared pale It. llpyq, known or identifiee0 W me W be the person whose name Is sub9a'Ibed m ttre wltltin instrument as Managing Me1nb®a of the Aspen West Properties, LLC , Itmfted Ilabllity company, and acknowledged w me that such Ilmited company executed same. In witness whereof, I have hereunto set my hand and fruaed my offldal seal the day and y~r In this certlfl®te ftrst above wrftten. ~~ Publk S~be pf Idaho ,o,~• ~A f '-~. Residing at: h ~~°C/Ida ~' ~'~ •~ lNy Commission Expires: a~KARY ~"' <<' pU~~' ~O. ~~ re or ~v Page 3 of 3 E0/lr0 3Jdd l~.l.~ti3d lIX3 9059888802 0E ~ZT TTOZ/0t/Z0 APN: ',F330S~i7700 Qukdeim Deed -continued Fb No.: NCS-179316-o01(op) Dabs, OB/17/200s South 45°?.5'90° Eas! to a p01nt tllente North 09°34'30' East 10.00 s~ m a point on tine Westerir right of way ar iMeridlan Road; tlieno~ South 00°?.S'3f7" Ead 145.41 Ket t+o the REAL POINT Of OEGINNING. APN:S1201417308 together with their appurtenances. Hated: ~i~r~sT' _ 1 q vim- , zo 0 5 r ~i'f~' Robert utt+erbedc, Managing Manber G~i"!r Date K. HOyd, Managing 5TATE OF Idaho ) ss. CWJIVT1f OF ~~ ) r' , le M. TFrompson, ~ g Member on this ,,,~q ~ ,,,rdal/ of August; ZOOS, before me, a Notary Public In and for said State, personalty appeared R,obart tltsarbad~ known ar identlAed ~ me to be the person whose rwme is subscribed to the within instrument as Managing Member of the Aepen West Propettl~, LLC , Nmited llabiilty company, and acknowledged m me the such Ilmibed onmparry ~cecuEed same. 1n witness whereof, I haul hereunto set my hand and affbaed my o?licial 5ea1 the day and year In thh oertiflcate ftrst above written. ~esiiin~ii .r suE ~~''.....'-~- Notary Dubllc the~spate~O/ Idaho ~°'"~,q~'~~ Residln9 at•..~lc&+~~ _ My Gxnmissbn F.xpire5: ~~y"""1"~ ti~d~ ",~ ~ //~... __ Pape 2 of 3 S0/Z0 39tid ~l~ti3~l lIX3 9059888802 0E ~ZZ ZZOZ/0Z/Z0 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) (name) (address) (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 properly 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 day of_~~?~!%~,~ ~ 20-- (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. KILUE ~. l~il~tNAM (Nota Public for Idaho) •Wotpry PubNc ,n ~, Star ot1daho ~ '~ V I~ )/~ , Residing at• ~ ~ `~'/'' My Commission Expires: ~ ~ ~ ~3 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org E IDIAN-- #~~~io Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 PW100 FORM Date: 2/2/11 Ph: (208) 887-2211 Fax: (208) 887-1297 www.meridiancity.org~ The following property has been researched by The City of Meridian Public Works Department. Project Name: Brad Nelson/7eanetta Asbury Music Studio TI Address: 55 W. Willowbrook Dr. Suite #: 105 Zip Code: 83646 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) _X_ This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri Ricks Land Development Services tricks@meridiancity.org Y O O L .Q ~iosww~v'~ucl~o S'rita^oc~ Date: February 22, 2011 To: Jeanetta Asbury 2715 W. Sugarberry Dr. Eagle, Idaho 83616 Rebecca W. Arnold, President John S. Franden, Vice President Carol A. McKee, Commissioner Sara M. Baker, Commissioner David L. Case, Commissioner Subject: MCZCV-11-003 55 W. Willowbrook Dr. Certificate of zoning compliance verification application to convert an existing 1300 square foot office to a professional service space for musical instruction. In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that ACHD has no site specific conditions of approval for this application at this time due to the fact that all improvements exist abutting the site. The applicant shall be required to meet all of the ACHD Standard Conditions of Approval as well as all ACHD Policies and requirements that may apply as noted below. If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, Kristy Heller Planner II Right-of--Way and Development Services CC: Project file, City of Meridian, BD West Properties, LLC. Ada County Highway District • 3775 Adams Street • Garden Cary, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Applicant's Responsibilities • Prior to final approval the applicant will be required to submit construction plans to the ACRD Development Review Section for review and approval and to ensure compliance with the conditions identified above and/or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. The Plan Submittal Checklist can be found on the ACHD website at http://www.achdidaho.org/Forms. • A traffic impact fee will be assessed by ACHD after plans have been submitted and approved, and will be due prior to the issuance of a building permit. For questions reaardina the submittal of vour construction clans and impact fee assessment alease contact Kraia Wartman at 208 387 6170 • Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit must be obtained from ACHD. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way. 2. Private sewer or water systems are prohibited from being located within the ACHD right-of- way. 3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's enaineer should provide documentation of ADA com liance to District Develo ment Review staff for review. 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. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACRD 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. $. 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. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Development Process Checklist Items Completed to Date• ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACHD ®The ACRD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ®Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ^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. ^For ALL development applications, including those receiving a "No Review" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section 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 assessment.) • The applicant is required to get a permit from Construction Services (ACHD) 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. DlD YOU REMEMBER: Construction (Non-Subdivisions) ^ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to 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 8 Erosion Submittal • At least one week prior to setting up aPre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACRD Construction to be reviewed and approved by the ACHD Stormwater Section. ^ 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 is required prior to scheduling aPre-Con. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all 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. e. 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. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org t ~~~~~ Rebecca W. Arnold, President John S. Franden, Vice President Carol A. McKee, Commissioner (~,.,,,,,.,,,,~~~e ~~„~ Sara M. Baker, Commissioner David L. Case, Commissioner Date: February 22, 2011 To: Jeanetta Asbury 2715 W. Sugarberry Dr. Eagle, Idaho 83616 Subject: MCZCV-11-003 55 W. Willowbrook Dr. Certificate of zoning compliance verification application to convert an existing 1300 square foot office to a professional service space for musical instruction. In response to your request for comment, the Ada County Highway District (ACRD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that ACRD has no site specific conditions of approval for this application at this time due to the fact that all improvements exist abutting the site. The applicant shall be required to meet all of the ACRD Standard Conditions of Approval as well as all ACRD Policies and requirements that may apply as noted below. Please review the Applicant's Responsibilities and Development Process Checklist below If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, Kristy Heller Planner II Right-of--Way and Development Services CC: Project file, City of Meridian, BD West Properties, LLC. Aaa c:ounry highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Il Applicant's Responsibilities II Prior to final approval the applicant will be required to submit construction plans to the ACRD Development Review Section for review and approval and to ensure compliance with the conditions identified above and/or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. The Plan Submittal Checklist can be found on the ACRD website at http://www.achdidaho.org/Fonms. • A traffic impact fee will be assessed by ACHD after plans have been submitted and approved, and will be due prior to the issuance of a building permit. For questions reaardins~ the submittal of your construction clans and impact fee assessment please contact Kraia Wartman at 208-387-6170 • Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit must be obtained from ACHD. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. 2. Private sewer or water systems are prohibited from being located within the ACHD right-of- way. 3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review 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. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 11. 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. qua ..uui ~~y rnynway uis[rici • .~iiy Atlams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • wwvv.achdidaho.org ~~ Development Process Checklist II Items Completed to Date: ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACRD ®The ACRD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ®Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ^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 confonmance to District Policy. ^For ALL development applications, including those receiving a "No Review" letter: • The applicant should submit one set of engineered plans directly to ACRD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services (ACHD) 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 YOU REMEMBER: Construction (Non-Subdivisions) ^ Driveway or Property Approaches) • Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ^ Working in the ACRD 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 aPre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACRD Construction to be reviewed and approved by the ACHD Stormwater Section. ^ 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 is required prior to scheduling aPre-Con. aaa c:ounry Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org 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. e. 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. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org