Kretzwschmar Johann & Rachael ~~
HLJB OF TREASURE VALLEY ~
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MAYO Good Place to Live
A NT
LEGAL DEPA,R
(208) 288-2499 • Fax 288-2501
Robert D. Come CITY OF MERIDIAN PUBLIC WORD
CITY COUNCIL MEMBERS BUILDING DEPARTMENT
Keith Bird 33 EAST IDAHO (208) 887-2211 -Fax 887-129'1
T~,„y deWeerd MERIDIAN, IDAHO 83642 pLANNING AND ZONING
Cherie McCandless (208) 888-4433 • FAX (208) 88?-4813
City Clerk Office Fax (208) 888218 DEPARTMENT
William LM. Nary (208) gg¢5533 • FAX 888854
CERTIFICATE OF ZONING COMPLIANCE*
Date: Februar~3.2003
Owner: Johann & Kretzschmar
Address: 124E Pine St Meridian ID 83642
Proposed Use: The establishment and operation of an approximately 900 square foot used
children's clothinl~ and t ~ store within an O-T Zoninlr District.
Zoning: ~~ d-~' Duv. -t:,//z
Comments:
Scope of Development: The issuance of this Certificate of Zoning Compliance is valid only for the
construction and operation of a new children's used toy and clothing store at 124 E. Pine Street.
Anuroved Plan: The Site Plan, date stamped "approved" 02/03/03, are approved as submitted.
Si a e: No new signs are approved by the issuance of t~lis certificate. All new signs require a sign
permit from the City of Mendlan prior to installation. Temporary signs are prohibited; and shall be
removed within three days notice.
Parkins: Off-street parking is approved as depicted on the submitted and approved site plan(s). All
handicap parking, signage, striping and ramps must be designed and constructed to current ADA
standards.
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.
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 changes must be made to the site plan to accommodate the ACRD
requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning Staff for
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 snecificallv identify requirements in this Certificate of Zoning
--
Compliance does not relieve owner of responsibility for compliance.
The site~lan(s) stamped 02/03/03 are approved with the comments noted above.
David McKinnon
Planner II
*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.
,,,,~_ ~ ~~ Ada County Highway District
C
merry n. nuoei, ne5iuarn
Eastlake 1st ~ce President
Susan S
Garden City ID 83714-6499
.
Dave Bivens, 2nd Uce President Phone (208) 387-6100
FAX (208) 387-6391
David E. Wynkoop, Commissioner E-mail: tellus~ACHD.ada.id.us
John S. Franden, Commissioner
February 10, 2003
TO: Johann & Rachael Kretzschmar
9980 Roan Meadows Drive
Boise, Idaho 83709
SUBJECT: MCZC03-005
Used Clothing/Toy Store
124 E. Pine Street
On November 20, 2002, the Ada County Highway District Commissioners acted on MCUP02-033. The
conditions and requirements also apply to MCZC03-005.
If you have any questions, please feel free to contact this office at (208) 387-6170.
Sincerely,
Craig Ho d
Senior Development Analyst
Planning & Development
Cc: Planning & Development/Chron/Project File
Planning & Development Services City of Meridian
Construction Services
Drainage/Utilities
Ada County Highway District
Right-of--Way & Development Department
Planning Review Division
This application requires Commission action because the applicant is requesting a waiver of the requirement
to pave an abutting alley. This item was on the consent agenda November 20, 2002 at 6:30 p.m. Tech
Review for fhis item was held with the applicant on October 25, 2002. Please refer to Attachment 3 for
appeal guidelines. Staff contact: Craig Hood, 387-6974, chood(~achd.ada.id.us
File Number: MCUP02-033, used clothing/toy store
Site address: 124 E. Pine Avenue, Meridian
Owner: Blake & Rebecca Hatchet
124 E. Pine
Meridian, ID 83642
Applicant: Johann & Rachael Kretzschmar
9980 Roan Meadows Drive
Boise, ID 83709
Application Information
The applicant is requesting conditional use approval from the City of Meridian to convert asingle-family
home into a retail shop. The site is located on the north side of Pine Avenue just east of Main Street.
Acreage: 0.12-acres
Current Zoning: O-T
Existing square footage: Approximately 1,000-square feet
Vicin
•
A. Findings of Fact
1. Trip Generation: This development is estimated to generate 26 additional vehicle trips per day (10
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: The impact fee rate from the fee tables for this use (Specialty Retail) is $1,885 per
thousand square feet of gross building area, based on the impact fee ordinance in effect at this time.
3. Traffic Impact Study: A traffic impact study was not required with this application.
4. Site Information: There is currently a 1,000-square foot single-family home on the site.
5. Description of Adjacent Surrounding Area:
a. North: Single-family residences
b. South: Parking lot
c. East: Single-family residences
d. West: Single-family residences
6. Impacted Roadways:
Pine Avenue:
Frontage:
Functional Street Classification
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
Main Street:
Frontage:
Functional Street Classification
Traffic count:
Speed limit:
Nearest intersection:
2"d Street:
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Nearest intersection:
Unnamed Alley:
Frontage:
Functional Street Classification
Traffic count:
Speed limit:
Nearest intersection:
45-feet
Major Collector
3,875 east of 15~ Street on 11-30-99
LOS C or better
25 MPH
2"d Street, astop-controlled intersection
None
Minor Arterial
No current count available
35 MPH
Pine Avenue, a signalized intersection
None
Local
No current count available
25 MPH
Pine Avenue, astop-controlled intersection
45-feet
Local
No current count available
Not posted
2"d Street, an un-controlled intersection
2
7. Roadway Improvements Adjacent To and Near the Site
Pine Avenue is improved with 2 lanes (no center turn lane) curb, gutter and detached sidewalk
abutting the site. The alley on the north side of this site is currently unimproved abutting the site. The
alley is currently paved near Main Street.
8. Existing Right-of-Way
There is currently 80-feet of right-of-way (40-feet from centerline) for Pine Avenue abutting this site.
There is currently 16-feet of right-of-way for the alley on the north side of the site.
9. Existing Access to the Site
Access to this site is currently provided from the alley. There are no curb cuts for access onto Pine
Avenue for this site.
10. Site History
ACHD has not reviewed this site in the recent past.
11. Five Year Work Program
There are no roadway, bridges or intersections in the general area of this project that are currently in
the Five Year Work Program.
B. Findings for Consideration
Right-of-Way
District policy 7204.10 states that if a development abuts an existing alley, the dedication of additional
right-of-way to obtain a minimum width from the centerline of the alley of 10-feet for non-residential
uses, may be required. The dedication of additional right-of-way will generally be required in those
cases where it can be reasonably anticipated that other adjoining or nearby developments will also
allow future dedications of additional right-of-way for the alley. Staff recommends that the applicant
not be required to dedicate any additional right-of-way for the alley because the parcels in the area
will probably not allow for future dedication of right-of-way.
District policy (Figure 72-F1 B) requires 70-feet of right-of-way on collector streets. This right-of-way
allows for the construction of a 3-lane roadway with curb, gutter and 5-foot wide detached concrete
sidewalks. Staff recommends that the applicant not be required to dedicate any additional right-of-
way on Pine Avenue because all of the improvements currently exist on the street and there is
currently 80-feet of right-of-way.
2. Roadway Improvements
Sidewalk
District policy 7202.8.6 requires pedestrian walkways or sidewalks on collector streets to assure safe
pedestrian travel in commercial developments. There is currently sidewalk on Pine Avenue abutting
the site.
3. Alley Improvements
• Paving
District policy states that if a development is not residential the applicant should be required to
pave the entire width of the alley to its full-required width and to the nearest street and
abutting the parcel (7204.10.2).
• Access
Access is allowed to and from a fully improved alley (7204.14.2).
3
•
• Parking
On site parking shall be designed so the minimum clear distance from the back of the parking
stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an
alley shall be located a minimum of 25-feet from the nearest public street.
Request for Waiver of Policy: The applicant has requested a waiver of the requirement to pave the
existing alley on the north side of the property. The applicant states that the excavation costs would
be too much to proceed with the project; that little traffic from this use will use the alley and there is a
city parking lot directly across the street which customers will use (see Applicant's Letter). The
applicant is also requesting a modification to the requirement to have 22-feet of back-up space for
perpendicular parking. This request is based on the location of the existing structures across the alley
(see Applicant's Letter).
Staff Recommendation: Since there is a city parking lot across Pine Street that the patrons of this
business can use, and there is only employee and handicap parking off of the alley, which will
generate very few trips, staff recommends a waiver of the policy to pave the existing alley to Main
Street. Due to the location of the structures on the alley on the north side of the site and the low traffic
volumes on the alley, staff recommends a modification to the back-up space requirement. The
applicant should not be required to pave the alley on the north side of the parcel to the nearest street
(Main Street or 2"d Street) and abutting the parcel, due to the above stated reasons.
C. Site Specific Conditions of Approval
Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact Construction Services at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
4
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify alf existing utilities within the right-of-way. Existing
utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACRD 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.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
E. Conclusions of Law
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
4. Applicant's Letter
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CITY OF MERIDIAN '
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 _ _ US
(208)884-5533 Phone / (208)888-6854 Fax
CERTIFICATE OF ZONING COMPLIANCE (CZC) APPLICATION
(Section 11-19-1, Zoning and Development Ordinance)
PROJECT NAME:
APPLICANT:
ADDRESS: 9~0 ~oc1 rt ~?~ c~..~~.~ _~ , rU o .~ c ~~ ~-3~~/~
PHONE: ,~ ~ Z - Z y1 L FAX:
OWNER(S) OF RECORD:
ADDRESS: ~l~~ ~c~r, °~'JG-" e~~i~~.1' .(/~' ~o ,J"e ~~ ~~~~
PHONE: J ~ Z - Z9~L FAX:
ARCHITECT (IF DIFFERENT THAN APPLICANT):
ADDRESS:
PHONE:
F
E-MAIL:
E-MAIL:
E-MAIL
ADDRESS, GENERAL LOCATION OF STTE: JZ ~1 ~ ~=~ ~ -S~ %~~~~~ awn ~~
DESCRIPTION OF USE:
PRESENT ZONE CLASSIFICATION:
w
I, ~~--~iic J~ ~r-.,.~ , do hereby affirm that I will agree to pay any additional sewer, water or trash
f 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.
~~~ ~~
icant's Signature) (Dam)
~g
Order No.: A0210491 ~~IOQ
WARRANTY DEED
FOR VALUE RECEIVED,
BLAKE HATCHET and REBECCA HATCHET ,HUSBAND AND WIFE
The Grantor(s), do(es) hereby grant, bargain sell and convey unto
JOHANN KRETZCHMAR and RACHAEL KRETZCHMAR, HUSBAND AND
WIFE
whose current address is 9980 W. ROAN MBADOWS DRIVE BOISE, ID 83709
the Grantee(s), the following described premises, in Ada County, Idaho, TO WTf:
Lot 6 and the West half of Lot 7 in Block 2 of F. A. NOURSE'S FIRST ADDTTION,
according to the official plat thereoiy filed in Book 2 of Plats at Page(s) 53, official
records of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee,
heirs and assigns forever. And the said Grantor(s) do(es) hereby covenant to and with the said Grantee(s),
that (s)he is/are the owner(s) in fee simple of said premises; that they are free fiom all encumbrances
EXCEPT: Subject to all existing patent reservations, casements, right(s) of way, protective covenants,
caning ordinances, and applicable building codes, laws and regulations, general taxes and assessments,
including irrigation and utility easements (if any) for the current year, which are not due and payable,
and that Grantor(s) will warrant and defrnd the same ~ all lawful claims whatsoever.
Dated: 1Z/13/02
LAKE HA
STATE OF IDAHO
COUNTY OF ADA
ADA I~INIry 116Cg1DfI1 J. OAY~ NAYARBO t
eon lo~llo r ~~ ~
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lr aoo le~lsizsl
ECCA C
ON THIS ~ OF DECEMBER , 2002, BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC PERSONALLY APPEARED ,BLAKE
HATCHET, REBECCA HATCHET, KNOWN TO ME OR PROVEN TO ME ON THE
BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE
NAME(S) IS/ARE SUBSCRIBED T~THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT l HE~EXECUTED THE SAME.
Y ltA_,lA~ VI/~GM1~ ~Q,1/W-~ y uuR,~'F'' ,,~
NAN MARIE HOLMES ~~' Q-t' 'r fib'..
NOTARY PUBLIC ~,~ port s~ f
RESIDING AT: BOISE = t .~ '~~ ~
u+ • .e ~
MY COMMISSION EXPIRES: ~
08/14/08 ~t4., f'eLtC ~,~ ,
(SEAL) ~'.;l' ~«.~ ~a
#3
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
I, ~t7~Ct..V1~ L ~~0.-~-~ ~~~SGDI.iN~IIt - 1~~~ ~~ ~A.1Da~~S
(Name) (Address)
~~.C~ ~ being first duly sworn upon oath, depose and
(City) (State)
say:
That I am the record owner of the property descnbed on the attached, and I grant my permission
to:
~~~`-~+l~t.r1 r~ ~' 1~ aCl'~Ci~-~ ~ ~~ ~ ~f"~ ~(~Q S~" ~~-i, ~c~~ M , ~ ~53~4 `(~-
(Name) ~~~5~~ (Address)
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.
Dated this ~_day of ~4.C-• , 20
(signature>
SUBSCRIBED AND SWORN to before me the day and
O P 1 ~~~,>
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TRANSMITTALS TO AGENCIES FOR COMAAENTS ON DEVELOPAAENT PROJECTS
WITH THE CITY QF MERIDIAN
Te insure that your comments end necommendetions will be considered by the Meridian Planning
and Zoning Commissbn
pleas
i
b
,
e su
m
t your comments end recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: November 14, Zp02
Transmittal Date: October 2, 2002
Nearing Date:. November 21, 2002
File No.: CUP 02-033
Request: Conditional Use Permit to open a retail sho for chlldren'a gerntl
used
l
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othing, toys, etc, in an QT zone for Johann and Rachael Kretrschmar
6y~ .-ohann and Rachael Kretzschmar
Location of Property or Project: 124 East Pine Street
,~, David Zaremba, P2 rnro v~ vac
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Jerry Centers, P/Z ~rvo v~ vnC ~
_`_>weslie Mathes, P2 (No vAIZ vac
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Meridian Post Office ~~'P~+YI
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Community Planning Assoc
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__~ Robert Cowie, Mayor ,
Cenlraf District Health
bill Nary, GC _ Nempa Meridian brig, District
________ Tammy deWeerd, C!C Settlers Irrigation Di~rict
_____ Kcith Bird, C/C Idaho Power Co. (Fp~pp ~,}
Cherte McCanaless, C/C ~•S• West (FP/PPO~I
Water Department IMetmountein G85 (FPrPP onry)
Sewer Department Bureau of Reclamation (fP/PP any
Sanitary Service t'No vae vac
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Fire Department ~ azr~. ~' . ie n
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City Engineer ~ "'~ '~ ~ ~ -~ u3 ~~. s
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City Planner EC~3s.ae,
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City Of Meridian
City Clerk Office
33 EgST IDAHO • MERIDtaN, ID,gfYp
('OYI 885-~33 ' Fes( (208} 537-4R t 3 City Clerk Or]icc Fax (208) 888-4?IS 83642
-
Nwnnn Rcsource~ fix (2(181 2 88-1 1 93
OCT 31 '02 12=20 ,
•Jlal]_OOO_.crac-~ .~...-.~ .
Applicant: Johann and Rachael Kretzschmar
Property: 124 E Pine St., Meridian, ID
6. The hunter lateral will be used to flood irrigate front yard before and after business hours at
124 E Pine St.
9. The retail store will make available gently used kids clothes, toys, games, furniture and other
miscellaneous items.
OHANN G KRETZSCHMAR 2974
RACHAEL L KRETZSCHMAR 92-155!1241
9980 ROAN MEADOWS Date~1' ~ ~ ~ ~
BOISE, ID 83709
(208)382-2972 /' ' ~
Pay to the ~1 ~ ~i:'t:.v~ ~ "' ~" C~2
Order of ~''" '
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Key Advantage
Keyt3ank National Association
Boise, Idaho 83704
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