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King Street Four-Plex CZC 02-042 LEGAL DEPARTMENT MAYOR r ~~' (208) 288-2499 • Fax 288-2501 Robert D. Corrie ~ fi ~;'~'~~' ~ PARKS & RECREATION CITY OF ~ ~~ ,F (208 888-3579 • Fax 898-5501 CITY COUNCIL MEMBERS ~ ~ Tammy deWeerd /~ / ~f 4 ~ ~~ / ~~/~ ~~, ` (208) 8 85 5100 FOR 87 1297 William L. M. Nary IDAHO j j Cherie McCandless ~, tiF ~. e ~ BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird ti ~ ° a - v ~` 1-(S,,,ce PLANNING AND ZONING ~',, ieoa (208) 884-5533 • Fax 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: September 18, 2002 Owner: Scott and Denise Thornton Applicant: Tahoe Construction LLC Address: 121 E. King Street Proposed Use: A 4,320 square foot residential four-plex. >> Zoning: COMMENTS: Si na e: No new signs are approved by the issuance of this certificate. All new signs require a sign permit from the City of Meridian prior to installation. Temporary signs are prohibited, and shall be removed within three days notice. Scope of Development: This Certificate of Zoning Compliance shall be valid for only the development/construction of a 4,320 square foot residential four-plex. All construction and development shall be in compliance with the approved Conditional Use Permit (File No. CUP 02- 009). Any re-development of the property shall require further zoning approval. Landscaping and Fencing: Landscaping and irrigation shall be installed per the approved, and redlined (fencing adjacent to or within 20' of the property line adjacent to King Street shall be no taller than three feet [3'] in height if made of a solid material, the two types of tress shall be greenspire linden, and autumn purple ash) landscape plans (stamped 09-18-02) prior to the issuance of an Occupancy Permit. Li tin :All new lighting, whether attached to the building or placed within the parking area, shall not cause glare for or otherwise impact the traveling public or neighboring developments, as determined by the City. Parkin. Parking for the four-plex is approved as depicted on the approved site plan (stamped 09-18- 02). Sidewalks: All sidewalks constructed as part of the development are required to be 5' wide per City Ordinance ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACRD as they pertain to this type of development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any chan es must be made to the site plan to accommodate the ACRD 3~EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 • requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning Stafffor approval prior to the issuance of a building permit. Plan Modifications: The Site Plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to the site plan are permitted; prior written approval of all changes is required. City's failure to ~ecificall, i~ dentif~ requirements in this Certificate of Zoning Compliance does not relieve owner of responsibility for compliance. The site plan stamped 09/18/02 are approved with the comments noted above. e~ David McKinnon (For Brad Hawkins-Clark) Interim Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance 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, etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. • CITY OF MERIDIAN Planning & Zoning Impartment 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)8845533 Phone / (208)888-6854 Fax CERTIFICATE OF ZONING COMPLIANCE (CZC) APPLICATION (Section I 1-19-1, Zoning and Development Ordinance) PR03ECT NAME: ~ ( ~ APPLICANT: v /` 1L c- ~a - os~z ---, ADDRESS: ~~ (( LO~i GS T G /O ~ l~ '~' ~ ql< ~ ~ ~~ ~ ~~-~ PHONE: b D ~. ~~~ l FAX: D I E-MAIL: ~~_, ~ f ~, ,,,.~ t, OWNER(S) OF RECORD: CO/ / ,~ ADDRESS: ~~~~ f - /j~.SG+ /~'~ __ /~ _L . PHONE: ~~ ! ~ ~g6~ FAX: ~/7 E-MAIL: ~~ ~6 - 706 ARCHITECT (1F DIFFERENT THAN APPLICANT): ~ d ~ ~~R ~ . n ADDRESS: ~~~ ~" ~ t O if ~ G ~/ PHONE: ~ [.~~ . L~6 ~S FAX: ~ Y,~ -(Sf l E-MAIL ^~ ADDRESS, GENERAL LOCATION OF SITE: (~ ( L- ~ (' ' ~y '~' DESCRIPTION OF USE: ~~ /1 S~i~v G~, o ~ ~ PRESENT ZONE CLASSIFICATION: ~ (~ G~r1 ~. - i, J a~N C ~°~ /Z~ ~f , do hereby affirm that I will agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use that Uwe have applied for, whether the use be residential, commercial or industrial in nature. Furthermore, I have read the information contained herein and certify that the information is true and correct. ~,~s~ (Applicants signature) (Date) /` a/1 , /?C~~~' ~~:-~ffQ ~, Cyr, 1 Ilev. ~/1/OZ • •,~ ,~'" ~y~ 9Nao0v^ IDa]Nal~ iZiO-86B(BOZ) KV! 11 Z ~~O18 9 i S lOl 'JNps MJSam ~1MN fffY-BBB POZ 3NOHd Q~ 5 ^ ^ ^ Y9t8 Oi 'Nndl113a1 'lAMq 15f1~D1 I IOL _ ~v ^ mud, ^ a~M, ^ y11 ~ 8oxvt !~ <a ~~ a 0 s ~~ ~ ~~ z ~ ! ~ ~ ~,~ a~ a w I '- ~ ~ a a ~' ='" ~ o i f ~ ~ ~ z E ~I g~ °~~d ~ I 2 -~ w jp- i `-'! m=`1~~<. ! h-- ~iXo o I Q <K. out? ~ - E~I! fE E~~a~~~daa E; ~!~ ~., ~m ~. u`L~ ._~l~ 'i 13315 ara~ E ~ & s ° EE j p~~ ;~ ii i ~g* 7_ .,~ E ~,i~~ M' ~~ ~FJBi~ F -~ ==~-9- ! `~~ ~ t4' __~; ` a; ~ _ ~ E54p4p , Y .q Ij {I'~ J ~~ ~~ n ~ ~ n ~ '.> . n ~~ i~ ~ ~ - ~ ~ ' ~ ~~ ~~ ~ ~ A ~ '. g ~I~ i_ ,o._, i _. .% j ~I'~ii .s 111 L __ L fi L___ .'.J ~=. ®~ ~ ~I ~ ~ ~~~ ~b i° ~3lly ~ €~ ~ ---- I i i i • CONTENTS OF CZC APPLICATION (Incomplete applications will not be processed) An application for a Certificate of Zoning Compliance shall be filed with the Planning and Zoning sta~by the owner of the property or the applicant of the proposed use. The application shall contain the following information: 1. Completed and signed CZC application form. 2. The last deed of record for the subject property. 3. Notarized Affidavit of Legal Interest (attached). 4. Four (4) copies of a detailed site plan, drawn to a scale of not less than 1"=50'. Also include an 8'/Z" x 11"reduction. 5. Three (3) copies of the landscape design in compliance with the Landscape Ordinance, drawn to a scale of not less than 1"=50'. See attached landscape submittal requirements. 6. Three (3) copies of irrigation performance specifications incompliance with the L~ Ordinance. 7. Written approval or a stamped site plan from Sanitation Service Company (SSC) indicating that the designs of the trash enclosure and access drive are acceptable. 8. A calculations table that shall list the number of parking stalls, building size, lot size, landscaping, open space, setbacks, fencing, screening and coverage. 9. A written statement from the applicant detailing the proposed use(s) of the property. Please list as many details as possible. 10. A fee of $60.00. ACRD Acceptance: Applicant shaII be respon$ibk for meeting the requirements of ACRD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a budding permit. If any changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be sabmitted to the City of Merhlian Plannhtg & Zoning Department for approval prior to the issuance of a building permit. Rev. 2/1/02 - • STATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL IIV~~T I, s~ opt ~~of~ ~a /1 ,1~~ ~l s- /~s~/C~~ ~°~, (name) (address) ~~ ~ being first duty sworn upon `~ ~ d• ~`~ ~~u~0 oath, depose and say: (city) (~~) 1. That I am the record owner of the property described on the attached, and I grant my permission to: ~a~e Ce-~r~`f ~0~~ Goes f (-~-o~--~ ]~ha~ Gm~,rfi'ccl~id•~ ~~~- ~/`'L~/`i o~~u~ _ T~' ~.~t~Yl (tee) (~~) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's 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. /S~ Dated ttus ~ ( day of SUBSCRIBED AND SWORN to before me the day and year first above written. ~~ ~ •. ~, •• ~~T'~r * .N~ *, Atl'HLtG ~~~ C '•. tary Publi r Idaho Residing at My Commission Expires: Rev. 2/1!0? • • ~~~~~~ l~q~ •J f' ~~~! 1~ a ~ ~ `per w O ~~~~~~ r O ~~ 4 iA ` +r4g4eR YYSy\~D; entire site • Design Information Infiltration swales are sized to contain and infiltrate stormwater runoff for the 50 year storm with a duration of 1 hour. Rai nfal I Intensity Ground Water Depth: Draina4e Area = 4Ot~ _ in/hr d =Not determined Runoff Coef Area Area Description C (s (acres) Landscaping 0 1; 0.026 Pavement 0.96. t,• ' 0.042 Sidewalk ', 0.013 Building ,~:'!6Q 0.050 Total 5,690 0.081 acres Weighted 'C' 0.71 Peak Stormwater Runoff Q = CIA = 0.0574 cfs = 207 cf/hr 15% safety factor = 238 cf/hr Page 1 W cn ~ n r ~Z z -~ ~ r D O Z CA D r m N ~ Z O G7 C/'1 C m r~rt ~rnZX cn O r*i C') c7 C M D Z G7 ~ °gozm ~mrn fTl ~ ~ ~ _. Z ~ r ~ n ~ D rn D r < ~ .~ N ~~~~_ Z ~ ~ ~ Z ~~ _,., ~ o o ~ N rn O z r- D ~ < r~ m ~ c = z ~ o D rn Z ~ Q ~ ~ ~ m n ~ r D ~ Z D O Z m D W ~ N ~ ~~ Z ~ N I z D D Z ~ Z I - ~ ~ --< O NO p p O) - ~~~~ ~ ~~ ~~ ~ Dr O DDO~ C ~~ v ~~ Z op prnm--< ~ m m Z ~ Z~ 'U ~ Z ~ NZ OZ x0 ~ DZ ?m O Z --i ~ OQ D :U 0 --~ < m D z N O n p~ ~ rnZ ~Z ~ ADO ri~ N m~ z~ r ~ ~tNi)rN V -I Z7 p p . j O D ~ m ~ O cW,.~ ~ ~ D TO Tahoe Co~s-b[uction, T 7 ~(' 2011 N. Loaist Crrove Mer~an,ID 83642 August 21, 2002 To: Zoning Dept. From: Tahoe Construction LLC Re: CZC application for 121 E King St This letter is to satisfy the CZC application requirement for detailing the proposed use for 121 E. King St. We propose to construct a residential 4 plex building on the site, that will be rented to qualified, responsible individuals looking for a home in Meridian. If you have any further questions please call me at 888.4333 ----_ Jake Centers LANDSCAPE PLAN SUBMITTAL REQUIREMENTS Applicability All applications for a Certificate of Zoning Compliance (CZC) and Final Plat (FP) must comply with all requirements of the `Contents' section below for a detailed landscape plan. Applications for a Conditional Use Permit (CUP) and Preliminary Plat (PP) are exempt from requirements M, N, O, and P of the `Contents' section and may instead show conceptual landscaping with tree locations only and conceptual screening structures; all ottrr sections of the landscape ordinance still apply. Plan Size & Scale The landscape plan must have a scale no smaller than 1 "=50' (1"=20' is preferred) and be on a standard drawing sbeet, not to exceed 36"x48" (24"x36" is preferred). A plan which cannot be drawn in its entirety ~ a single sheet must be drawn with appropriate match lines on two or more sheets. Number of Copies The number of copies of the landscape plan that must be submitted is shown on the following schedule: • Conditional Use Permit: 10 copies • Preliminary Plat: 10 copies • Final Plat: 3 Copies • Certificate of Zoning Compliance: 3 Copies Contents The landscape plan. shall comply with the provisions of this ordinance and shall include tbe following elements. A. .Date, scale, north arrsaw, and title of tbe pmject. B. Names, addresses and telephone numbers of the developer and the person/firm preparing the plan. C. Existing boundaries, property lines, and dimensions of the lot. D. Relationship to adjacent properties, streets, and private lanes. E. Easements and right-of--way lines on or adjacent to the lot. F. Existing/proposed zoning of the lot, and the zoning and land use of all adjacent Properties. G. Existing natural features such as canals, creeks, drains, ponds, wetlands, floodphuns, high groundwater areas, and rock outcroppings. H. 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. L A statement of how existing healthy trees proposed to be retained will be protected from damage during construction. Existing buildings, structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and outer man-made elements. 4 Rev. 2/1!02 K. l~ting and proposed contours for all areas s~er than 20% slope. Beans shall be shown with one-foot contours. L. Sight Triangles as defined in Section 6 of this ordinance. M. Location and labels for all proposed plants, including trees, shrubs, and groundcovers. Scale shown for plant matertials shall reflect approximate mature size. N. 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 appmpriate). O. Planting and installation details as necessary to ensure conformance with all required standards. P. I~sign drawings of all required structures for screening Purposes. Q. Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: CUP asd CZC Applications • Number of street trees anti lineal feet of street frontage • Width of street buffers • Width of parking lot perimeter landscape strip • Buffer width between different land uses • 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 frees PP and FP Applications • Width of street buffer, lineal feet of street frontage, and member of street trees • Itesidentiat subdivision trees • Acreage dedicated for common open space • Number of trees provided on common lot(s) • Mitigation for removal of existing trees Landscape Ptah Preparatioa Preparing a landscape Plan requires special skills. Landscaping involves more than a simple anangement of plants with irrigation; plants are not haphazardly placed in a way the fills up leftover space. Landscape plan should be artfully and technically organized in a way that conveys coherence, design, a~ orgaaization. The landscaping should enhance the physical environment as well as the project's aesthetic character. Also, ~ requiring plans prepared by a landscape professional minimizes the ldcel~ood of trees dying or interfering with other adjacent site features. Therefore, All landscape plans sha11 be prepared by a landscape architect, landscape designer, or qualified nurseryman. 2ev. ?/1/0? CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST City of Meridian (Rev. 2/1/02) proecct: Review Date: / / Contact• Zoae Site Review/Conforming Elements C Com fete * Project must comply with all approved permits, plats or Development. Agreements associated with the lot or el. 1. Zoning District (permitted use, CUP, AUP, variance, etc. 2. Fl lain District 3. Candace Must be in compliance with the the Lan Ordinance 4.Off-Street P a # of Stalls dimensions, etc b) Handicap Stalls (van accessible, aisles, si c) Aisles (width, location) 5. Trash Areas a Location b 3-Side Screenin - 6. Unde and I tion 7. Sidewalks/patha 8. Streets (R/W dedications, etc.) 9. Lot Requirements a) Lot Area (note restrictions on use of undevelo ed rtion o lot b) Street Frontage c) Setbacks d) Coverage 10. Fencing 11. Fee of $60.00 1. ACHD approval letter required for curb cuts, road widening, for all new projects. 2. Pressurized irrigation can be waived by City Council only if no water rights exist to subject property or developer deeds land to City for a well. 3. City will permit one hook-up to municipal water for irrigation per site. 3. Trees must not be planted in City water or sewer easements. 4. Applicam must submit a copy of recorded aleed or plat as evidence of the road dedicatioprior to CZC issuance. Rev. 2/I /02 S~.eef ~~~ ,,,,fir `~ ~~~,-~,, Ada County Highway District H David E. Wynkoop, President ~~~ tast ~itn Street Dave Bivens 1st Vice President Garden City ID 83714-6499 Judy Peavey-Derr, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 Sherry R. Huber, Commissioner E-mail: tellus@ACHD.ada.id.us September 27, 2002 TO: Tahoe Construction Jake Centers 2011 Locust Grove Road Meridian, Idaho 83642 SUBJECT: MCZC-02-042 4-unit townhomes 121 East King Street On April 5, 2002, the Ada County Highway District Commissioners acted on MCUP02-009. The conditions and requirements also apply to MCZC-02-042. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, ~~- Development Analyst Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Construction Services Drainage/Utilities Scott & Denise Thornton Ryan Neary • ~z ~~ z~ V~ rTp~rpT''~Gty~ ~ ~y Fi z ~ y ~O n ~~ ~•CO ~~wa4 C ~ H M //--++ U • . ~~ ~~~ CH Ada County Highway District David E. Wynkoop, President 318 East 37th Street Dave Bivens, 1st Vice President Judy Peavey-Derr, 2nd Vice President Susan S. Eastlake, Commissioner Sherry R. Huber, Commissioner Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus(a~ACHD.ada.id.us Apri15, 2002 Scott Thornton 1284 S. Ashlee Meridian, Idaho 83642 Re: Staff Level Approval MCUP02-009 Facts and Findings: 121 East King Street 4-unit townhome complex A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to construct afour-unit townhome complex. The 0.14-acre site is located on the south side of King Street located between E. 1 S` Street and E. 2°d Street. This development is estimated to generate 14 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. B. The application and site plan stamped and received by the City of Meridian on March 26, 2002, and submitted to the District on March 27, 2002, has been reviewed by the ACRD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to not conform to District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. D. On April 1, 2002, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On Apri15, 2002, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. S:~DSTECHICU~2002cu~NICUP02-009.sla.doc Page 1 • E. For the purposes of estimating daily trip generation and assessing impact fees for this project, the proposed use of this development has been classified as Duplex/townhome. (Per the ITE Manual) The impact fee rate from the fee tables for this use is $670 per unit, based on the impact fee ordinance in effect at this time. Note: This rate is provided for informational purposes only and shall not be construed as an impact fee rate certification. The impact fee will be assessed at the time of plans acceptance by District staff, and shall be based on the fee tables and provisions of the District's Impact Fee Ordinance in effect at that time F. Development patterns in the surrounding area are residential. To the north, south, east of the site is residential. To the west of the site is a motorcycle shop. There is currently asingle-family residence on the site, this is proposed be removed for the townhome complex. G. King Street is a local street with 2-traffic lanes within 40-feet of right-of--way, with no curb or gutter, with a 3-foot wide concrete sidewalk abutting the site. The applicant has approximately 55-feet of frontage on King Street. No access points to King Street have been proposed on the site plan submitted with this application. District policy 7203.4.1 requires that local streets be improved with curb, gutter and 5-feet wide concrete sidewalk within 50-feet ofright-of--way (25-feet from center line). The applicant should be required to dedicate additional right-of--way and install curb, gutter, and 5-feet wide concrete sidewalk and pavement widening abutting King Street. H. All parking for the proposed townhome complex is off aone-way unimproved alley (the alley is one-way from east to west). The applicant is proposing tandem parking in the rear parking area off the alley. Parking which is entered from the alley should be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed. District policy 7204.10.1 requires the applicant to pave the unimproved alley the full width of 16-feet and to the nearest street. The alley currently has 16-feet ofright-of--way with power poles abutting property lines. The District staff recommends that the power poles not be relocated and that the paving be allowed to go around the power poles. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 25-feet of right-of--way from the centerline of King Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of--way because King Street is a local street and is to be brought to adopted standards by the developers of abutting properties. S:~DSTECH~CU~2002cu~MCUP02-009sla.doc Page 2 2. Applicant is proposing to provide tandem parking off the alley. The applicant is required to pave the entire width of the alley to its full-required width of 16-feet and to the nearest street and abutting the parcel. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22- feet for perpendicular parking. Parking in the alley is not allowed. 3. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on King Street abutting the parcel. 4. Replace unused curb cuts on King Street with standard curb, gutter, and 5-foot wide concrete sidewalk to match the new improvements. 5. 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. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 7. Meet District drainage requirements per section 8000 of the ACRD Development Policy Manual. Contact District staff at 387-6170 for details. 8. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. Any existing imgation facilities shall be relocated outside of the right-of--way. Standard Requirements: 1. 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 S:\D STECH\CU\2002cu\MCUP02-009. sla.doc Page 3 i • 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. 2. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 3. 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. 4. 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. 5. 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. 6. 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 awaiver/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. S:~D STECH~CiJ~2002cuuVICUP02-009. sla.doc Page 4 • 7. 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. Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Christy Richardson Planning Review Supervisor Right-of--Way & Development cc: Project file ACHD Construction Services Lead agency/City of Meridian Chron S:~DSTECH~CU~2002cu~1VICUP02-009.sla.doc Page 5