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HomeMy WebLinkAboutPaisano's Restaurant CUPt HUB OF TREASURE VALLEY • COUNCIL MEMBERS _ OFFICIALS - RONALD R. TOLSMA A Ci00d Place t0 Llve MAX YERRINGTON WILLIAM G. BERG, Jr., Clty Clerk ROBERT 0. CORRIE JANICE L. GABS, Clty Treasurer WALT W. MORROW CITY OF MERIDI BRUCE D. STUART, Wate wore $~Pt. P 3 2 COMMISSION JOHN T. SHAWCROFT, waste water supt. 33 gp$'r IDAHO JIM JOHNSON, Chairman DENNIS J. SUMMERS, Parka Supt. MOE ALIDJANI SHARI S. STILES, P a z Aam. 1VlERIDIAN~ IDAHO H3G42 JIM SHEARER KENNETH W. BOWERS, Flre Chlaf W. L. "BILL" OORDON, Polloa Chief RECEIVED CHARLIE ROUNTREE Phone (208) 888-4433 • FAX (208) 887813 TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD S E p ~ g 1995 Mayor t~TY OF i~ERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3 1995 TRANSMITTAL DATE: 9118195 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert 8~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St and Pine St. JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMp,TION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ CITY QF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Albert W and Susan M Berner and Marie D Nanni PHONE: 208-888-5447 ADDRESS: 9~6 East 1st St. Merdian ID 83642 GENERAL LOCATION . Old Town District/N.E. corner of East 1st St and Pine St. Operation of a full service DESCRIPTION OF PROPOSED CONDITIONAL USE: family restaurant. Name is Paisanos' Italian Restaurant. ZONING CLASSIFICATION: - P:~~AN: A plan of the proposed site for the conditional use showing the location of all - _ - buildings, parking and loading areas, traffic access, and traffic circulation, open - -~ - - ~ spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 _ - - - copies). r „ _ ~ ~` I certify that the information contained herein is true and correct. ~~ ~~~ ~,~~ e~ ,,rts ~ /~-~v° Si nature of A licant M„„~;s, o'~ P g PP 197-42-4001 ~"`/ `° ` Social Security Number i consent to the conditional use of the dA cr :1/ p~bperty~for a family,restaura~. f LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT R/4 residential and limited office. TO ~ ~ City of Meridian -Application for a conditional use permit. 1. Albert W and Susan M Berner, 2050 W Sandalwood Dr, Meridian ID 83642-1369 (208) 888-5447 Marie D Nanni 1046 Tammy Dr, Meridian ID 83642 (208) 888-9689 2. Loyd E and Sally M Jones, 1420 Elm Pl, Meridian ID 83642 (208) 888-1268 3. See attachment A. 4. See attachment B. 5. Retail, Limited office 6. Val's Furniture and Appliance 7. Family restaurant 8. Old Town District, ae~ec~I~-~; limited office. 9. Attachments C. 10. The characteristics of the subject property which make a conditional use desirable are, 1. Good visibility due to high vehicular and pedestrian traffic. 2. Sufficient square footage to operate a small (approximate seating for 60) family restaurant. 3. Established water, sewer, gas and electric services. 4. There is a lower density of vehicular traffic relative to other potential sites for this type of business. 11. Attachments D. 12. Check # 2533 attached as payment of applicable fees. 13. The above named applicant's/user's of the subject property hereby agree to payment of any addtional sewer, water and trash fee's or charges associated with the proposed conditional use. awi~.uua..: <~ •DESCRIP'iION OF REAL PROPERTY ~ ~~ir~,f~~.r Q The South 80 feet of Lots 1, 2, and 3 in Block 2 of F. A. NOURSE'S FIRST ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 2 of Plats at Page 53, Official Records of Ada County, Idaho. `~~T S OF TRUST • (W POWER OF SALE) THIS DEED OF TRUST, Madc this _-_Zna._-. ___.-_. day of -_MaY_.__._..________, 19_95___ BETWEEN, ..Lpyd I;...- _. - ~t~~ g>)d__Sa~1y...Mx._,tQn~s,._huahend-and_-wife.--.--.----..---..----.-...-._----....--- ..... herein called TRUSTOR, INumc of Tmxmn Fir@t American_Title Cg~peBy_o~~~~{lo,_~~,~ an I~~h~~orpg~Rt~gB. celled TRUSTEE, whose address 1Nume of Tmxtcel is ._.7311_Potomac-.I)rive.__-Boiae,.Idaho -._83704-_.___,_-- _.. ,and BENEFICIAL MORTGAGE CO. OF IDAHO, e Delaware corporation qualified to do business in Idaho, whose address is __15Q9._~t?_F~.ye-I$i1~,.Rd. . _.. 13oiae ..,-_.-.,-__., .I~h4-$3JQ2.--_.._.._____.._. herein called "Beneficiary". WITNESSETH: That Trustor does hereby irrevocably GRANT BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, W [TH POWER OF SALE, that property in the County of __.dda-_..___ _ _-_.-____. __._, State of Idaho containing not more than twenty acres, hereafter referred to as tl)e "Property": (See nuuched Schedule A for legal description ojmorrguged premises) ^ If this box is checked, this Deed of Trust is subject to a prior deed of trust dated _....___.N/A-.___.._, 19N/A., executed by _.._ _ _ . _N/A------------------....__ ....-....--- ------___-----------._-----....,_ , as trustor(s) to N/A-----.~___._..-.-__ -__...---... _. ;. _ .._ _._... __..--_. _.. _ . ----- .._ , as trustee for the benefit of __.N/A. ___---.-.. ...,---. .._.,. .__-... _._ .._ _ _ . .....__. _.._.... _ _ , as hcncliciary, securing payment of a promissory note in the principal amount of $ .. _.N/A _ . .Thal prior deed of trust was recorded on N/A .._.___.. __...- , 19 N/A with the Recorder of ._.N/A, ... ... County, Idaho in Book N/A , page NIA .. For the Pm~pose of Securing Payment of a Credit 1_ine Account Agreement of even dart herewith, referred to hereafter as "A+reen)ent'i, by which the afi)rementioncd Beneficiary is obligated to make loans and advances, including the Intitial Advance, up to $ 00,000.00 referred to hereafter as the "Credit Linc", said Agrccmcnt being repayable in Snc~duhd Nrymcnt Amount I'ayn)cnts beginning one month I'rum the dale of the Agrccn)cttt, the nun)bcr of which being hosed on an amortization period of 360 months, it is the express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid for all such advances together with interest thereon. Notwithstanding any other payment dates ap.reed to by the Trustor and the Beneficiary this Deed of Trust shall terminate 20 years from the date hereof. A. 7b protect the security of this Ueed of 'IYost, Trustor agrees: 1. To keep the Property in good condition and repair; not to remove: or demolish any building on the Property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed on the Property and to pay, when due, all claims for labor performed and materials furnished for the erection of any building; to cott)ply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer or permit any act upon the Property in violation of law; to cultivate, irrigate, fertilize, fun)ig:tte, prune and do all other acts which from the character or use of the Property may be reasonably necessary; the specific enumerations herein not excluding general cnumerntions. 2. To provide, maintain and deliver to Beneficiary evidence of fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collecteJ w)der any fire or other insurance policy may be applied by Beneficiary upon any Indebtedness and in such order os Beneficiary may determine, or, at option of Beneficiary, the entire amount so collected or any part thereof mey be released to Trustor. Such application or release shall not cure or waive eny default or notice of default hereunder or invalidate any act done pursuant to such notice. ' 3. To appear in and defend any action or proceeding purporting to mffect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and uttorncy's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. To ~)ay at least 10 days before delinquency all taxes and assessments affecting the Property, when due, all encumbrances, charges and 1 ens, with interest, on the Property, which appear to be prior or superior to this Decd o(Trust; all costs, fees and expenses of this Trust. 5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions of this Deed of Trust together with interest from date of expenditure at the Rate of Charge set Forth in the Agrccmcnt. 6. Should Trustor fail to nwkc any payment or to do any act provided for in this Decd o(Trust, then Beneficiary or Tnstee, but without obligation su to do, without n.tlice tour denuunl upon Tntstur and without mleusing Tntstur from any ohligation under this Decd of 'I'rusl, ntuy make or do the sanx: in s'ach manner and to such extent as either may dcx:m necessary to pn~tert the sucuriry. Beneliciury or Trustcc is authorized k) enter upon dt; Ptvlx:tly lire such purposes; appear in and dclend any action or pnxculing purlxnting to al'I'cct the security or the rights or pcnvcts of Betx;ficita-y or 'I'ntstcc; p:ry, purchase, contest or con)promise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hcrou); and, in exercising any such powers, or, in enliaring dtis Ueed nl 'I'nut by judicial foreclosure, pay necessary expenses, cmphry counsel and pay the n:uson:tble Pecs of cuunxa. If. Il Is ntnlually agreed Thal: I . Any award of dan)ages in connection with any ccndemnation for public use of or injury to the Property is hereby assigned and shall be paid to Beneficiary who may apply or relcuse sac h moneys received by him in the same manner and with the same effect as stbove provided for disposition or prucaxJs of lira or oth:r insurance, 2. B'y accepting payn)cnt of any sum secured hereby after its due dart, Bencliciary does net waive its right either a, require prompt payment, when due, of all other sums so secured or to declare default for I:~ilurc so to pay. 3. At any time or froth time to time, without liability therefor and without notice, upon wriucn request of Beneficiary and presentation of this Deed of'frust and the Agreement for endorsement, and without affecting the personal liability of any person for payment of the Indcbtcdncss, Tntslcc may (a) rcamvcy all or part of said property, (b) consent w the making of any map or plat thereof, (c) join in granting any easctnent thereon; or (d) join in any extension agrccmcnt or any agrecn)enl subordinating the lien or charge of this Dccd of Trust. 4. Upon (a) wriltet' request of Bcncficiury st:uing that :ill sums secured by this Dccd of Trust have been paid, (hl surrender of this Dccd of Trust and llu~• Agrccnteut to 'Trustcc fin' canccllatiun and rotcnlion and (c) payu)enl of its fees, 'Trustcc xhall rcconvcy, without warranty, the Pri)')erry. The roritals in any rccunvcyancc executed under this Dccd uf'I'rust of any uuuters ur facts ,hull be conclusive proof of the uvthfulness lhereol'. The grantee in such rccunvcyancc instrument may be describe) as "the pcrsou or persons legally entitled thereto." 5. Upon default by Trustor in psyn)cnt of the Indcbtcdncss or in pcrfurmancc of any agrccmcnt under this Dccd of Trust, all sums secured by this Dccd of Trust shall inunedialcly become due and payable, at the option of Beneficiary, In the event of default, Bcncficiury shall execute or rouse thc'1'ntslcc to execute a wriucn notice ol'such default and nl'the'I'rustec's elrctiun wcause w he sold the Property to satisfy the obligations under the Agrccmcnt, and shall cause that notice lu be recorded in the ol'lirc of the Recorder of the county in which the Property is sitnatcd. Notice of sale having been given m then rcyuired by law, with not less than the time then rcyuired by law having elapsed, Trustcc, without demand nn Tntstur, shall sell fhe Property tit the time and place fixed in the notice of sale, tither as •a whole or in separate parcels and in such onler as Tnstec nay detcnninc, at public auction to the highest bidder for cash in lawful money ul the United al. J IU-2tt/79/tl0, lid. ncc. '97 i Slates, payable at time of sale. '1'rostcc shall deliver to tl~rchascr its decd conveying the property so sold, but without a covenant or warranty express or implied. 'I'hc recitals in such decd of any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including Truslur, 'T'rustee, or L)eneficinry, may purchase at such salt. After deducting all costs, fees: and expenses ul"fntstec and of this'frust, including cost of evidence of title and reasonable counsel ices in connection with sale, 'Prustcc shall apply the proceeds of sale w payment of (a) all sums expended under the terms of this Dccd of Trust, not then repaid, with accrued interest and (h) all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled tltcreto. 6. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devises, administrators, executors, successors antl assigns. The term Trustee shall mean the individuals designated herein as "'I'ntstce" and each such person shall be authorized to exercise the powers of'frustee individually or collectively. The term Beneficiary shall mean the holder and owner of the Agreement securest by this Deetl of Trust; or, if the Agreement has been pledged, the pledgee thereof. In this Dccd of Trust, whenever the context so reyuires, the masculine gender includes the feminine and/or neuter, and the singular nutnbcr includes the plural. 7. Trustee is not obligated to notify nny party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which 'Trustor, Beneficiary or Trustee shall be a party unless brctugl t by Trustee. 8. Upon the death of one of the Trustors, at the option of Beneficiary, the unpaid balance of the Indebtedness, together with accrued inttbrest, may become immediately due and payable. 9. In the event of death, incapacity, disability or resignation of any one or more of the Tntslecs, Beneficiary nary substitute a u•uslee or trustees to execute the'I'rust created by this Uecsl uf'llttst, tuxl when :uty such suhstilution has been tiled for record in the office of the Recorder of the county in which the I'ruperty Iti ti1lUall`<l, It shill he COOCIUSIVC CVIdCnI'C Of dll` nppoinunenl of substitute uuslec or trustees. 'The mzw trustee ur trustees shall succeed to all of the powers and duties of the trustee or trustees tutmcd in this Dccd of 'Trust. 10. Request is hereby mnsle that a copy of any Notice of Default and a copy of any Notice of Salc hereunder be mailed to Trustor at his address set forth above. I L if Trustors voluntarily shall sell or convey the Property, in whole or in part, or any interest in that Pntpeny or by some act or means divest Ihentselves of title to the Property without obtaining the written consent of Bcncficiary, Ihcn Bcncficiary, at its option, may declare the entire balance of the loon plus interest nn the balance inuncdiutcly due tmd payable. 'I'bis option shall not apply if (I ) the salt of the Property is permitted bemuse tJte purchaser's creditworthiness is satisfactory to Bcncficiary and (2) that purchaser, prior M the sale, has executed a wriUCn assunytlion ugrccntcnt containing tarots prescribed by Bcncficiary, including. if rcyuircd. an increase in the Ratc of Charge. 12. '1'rusuxs will pay and keep current the monthly instalntcnts on the prior tlced of tntsl oast to prevent any slcfauh thcrcundcr. Truslors further agrecl that should any dcl'ault be matte in the payment of any instalment of principal or any interest on the prior deed of trust, or should nny shit he commenced nr nthar action taken to foreclose the prior deed of trust, then the amount secured by this Dccd of Trust shall becomd ansl be due and payable in full al any tints (hereafter, at the option of Bcncficiary and in accordance with the Agreement. Bcncficiary, at its option, miry pay the schcslulcsl monthly instalments on the prior decd of trust nod, to the extent of the amount so paid, become subrogated to the rights of the beneficiary identified in the prior decd of trust. All payments made by Bcncficiary on the loan securest by the prior decd of trust shall bear interest at the Ratc of Chnrgc until paid in full. 13. Mortgagor warrants that (I) the Property has not bccn used in the past and is not presently used for hazardous and/or toxic waste, (2) the Property contplics with all I'esleral, stale anti local environmental laws regarding hazardous ttnsllor toxic waste, (3) asbestos has not bccn used as a building material on any building erected on the Property in the past, (4) the Property is not presently. used for asbestos storage and (S) the Mortgagor complies with all federal, state and local laws, as well as regulations, regarding the use and storage of asbestos. 14. Mortgagor covenants an.l agrees to comply with all federal, state, and local environmental laws in the maintenance and use of the Property. I5. Mortgagor warruttls that neither the Property nor the loan proceeds were or will be used in illegal drug activity, and the Property is not subject to seizure by any governntcntnl authority because of any illegal drug activity. IN WITNESS WHEREOF, Trustor has set his h;tnd and affixed his seal on the day end year first above written. Signed, sealed and delivered in the presence oL• Witness Witncxs Lo r Jon (seaq Sa ly M. Jones ~n/ (Seal) STATE OF.IDAHO, COUNTY OF j On this . --- ...... ........... day of __... _.. ~, .............., 19.-.., before me, a Notary Public in and for said State, personally appeared .---- ..._._.-----------.__._...... __.. __--------- known to tine, to be the person(s) whose n:unc(s) is/arc subscribed tu.the wuhin instrument, ansl nckncnvlcdgctl to me that he/she/thfy executed the saute. STATE OF IDAHO, COUNTY OF 1 HEREBY CERTIFY That this instrument was filed for record at the request of the Baneficiory BENEFICIAL MORTGAGE CO. OF lDAHO at .__ minutes past ._.. o'clock . - --_---_- ------__.M., this _ _...__.._ _ day of ......-.--- _....__, 19..... _.. in my office, and duly recorded in Book -...... , of Mortgages at page . . - -----~---- 1~.,-~~llrrur Rrurrdr~r By ,~l,rr . 1'ccs R Restdmg a ..-- . - Mail to: BENEFICIAL MORTGAGE CO. Oh IDAHO 1.-- _.-. ...__.. --- 'NHE (,I(EUI'I l INE ACCOUNT AGItEEMEN'I', ANU ANY I:VIULN('ES (11 1 UIi I tIGIi ANU/Uli Allbfl'IONAI. AUVANCLS, MUST BE I'IiESENTEU WITH THIS IiEQUES'C -_ 19-. ---~-- Nnlm,c F'ul,ll . t ... Idaho T0: ~ _______.~.._~_-- - .~-_ You arehcreby authorized and requested to exacutc a reconveyance hereunder end deliver same to BENEFICIAL MORTGAGE CO. OF IDAHO.. The undersigned hereby certifies slat beneficiary ie the owner end holder o[ the debt mantioned in this Deed of'frust and that the eame hea never been assigned or transferred. ^ BENEFICIAL MORTGAGE CO. OF IDAHO Attest: BY -~~~ Vice President Secretary (Seal) _ - ', _zzs.:s,~Ls}~.s_ ~. rT J ~ " -~-._~i _..- ~ _ , • ~. WASH/N(iTON ST,S T/ .~ f i n ~,, ' j•- _8_ ~~~ '',r' - i ~ ~ I ~. ~`+ER o•'AN _r~_~-,se2;-~ ,-; . i I , I i , ,~ , I ~ ~- 1 _Jg ~-~ ~.I~, _ . ~~~' i T 1 ~r r 1 r I I I I ~ L J . _ .. I ~ L _~ ~ ~ ~_ L s ~ ~! ~ M A P L E ~ AVE. 8 / '~ ~ ~~ /~~i~ ~ v ' iz W• e s e e s a a 3~ 5 ; e MA PLE : >.. 14 IS 16 17 S h 6 a V '' V7 'b 6 A ~ 2 .I ` , ~~ .. '' t; a G^aME ~LiA. AYE. . ~ ~. ~ - '; 33G.36' ~ _ ~ ~,,s :HERBY !" ~ .~1 ib •R . S. ;; r.~;EnF?'f A'v C H RRY` -. ~ 9 ~ ~ P /3 Z w. I 1 I ~ ~ f'~ v _ t ~~.CWEA~. .f~VE ~ ~( N ?~ ~~ :v J !. ~ 7 41 ~ 2 w~ , 'a ~ ~ 7e ~ x 9 Z 2 •• r ~ Z 1! !0 9$ 7 ~ s 4 3 Z ~• w 6 9 ° 4 ~ O • e N, s s / a 4 0 0. o ~,~/NSf.~/iYG TOE ~ ST ~v ~• v 3 i 2 ~ - F;bf~~ PLAhNIN~ ASSN. ~' .$ r: ~ ~ z 4 S 6 !T 8 4 SEP 1 ~ 1995 ., h 3 4 " _ ~ ' g 8 9 B 9 8 e APPLEGATE ST ~ NELI~ Q j ~ ~ r 3 I 2 I` ~ t ~ $V8 ~ ~ 2 3 3 i4 3 16 I7 IB 14 •> ,Q~/E. o CA s'LTON -, ._ ~ o a o a i-7 ~- Addresses within 300' of proposed lease for PAISANOS' Restaurant at location: 906 E 1st St, Meridian, ID 83642 1 917 E 1st Joseph Johnson II 4375 RoseHill Ct Boise, ID 83705-1361 2 916 E 1st Terry & Renee Stewart 451 E 1st Meridian, ID 83642 3 906 E 1st (this is the proposed location above) Loyd & Sally Jones 1420 Elm Pl Meridian, ID 83642 4 116 E Pine Richard & Marlene Eborn PSC #2 Box 743 APO, AA 34002 5 58 E Pine Valley Shepherd Church of the Nazarene 831 E 1st Meridian, ID 83642 6 124 E Pine Ray Atkinson 124 E Pine Meridian, ID 83680 7 121 E State Earl & Burnetta Aldrich 121 E State Meridian, ID 83642-2344 8 115 E State E E & Virginia Brinegar 1639 Conant Ave Burley, ID 83318 9 930 E 1st Ron & Linda Yanke 4414 S Gekeler Boise, ID 83705 certadd.doc 9/6/95 Page 1 PAISANOS' Restaurant 10 925 E lst Polly Peterson 844 Horizon Way Nampa, ID 83686-8330 11 55 E State Harry & Margaret Paulin 55 E State Meridian, ID 83642 12 831 E 1st (this is a duplication of #5 above) Church of the Nazarene of Meridian 831 E 1st Meridian, ID 83642 13 121 E Pine City of Meridian 33 E Idaho Meridian, ID 83642 14 111 E Pine Ralph & Fern VanPaepeghem 1490 Carol Meridian, ID 83642 certadd.doc 9/6/95 Page 2 PAISANOS' Restaurant • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 10, 1995, for the purpose of reviewing and considering the Application of Albert & Susan Berner and Marie Nanni, for a Conditional Use Permit for land located in the Lots 1, 2, 3 of F.A. Nourse's First Addition, Boise Meridian, Ada County, Idaho, and which property is generally located on the NE corner of East 1st St and Pine St. The Application requests a Conditional Use Permit for the operation of a full service family restaurant called Paisanos Italian Restaurant. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 18th day of September, 1995. i~~C~~---~`- WILLIAM G. BERG, JR., C CLERK '.. ~J • 1 vlu i J Z '0 0 ±_. _ - - - - r ~ ~.'}L ~ .. _ . - >. ~ zZS.is ~ zss.!s ~ _ _ ~- -- ~- - - r ----t ~ v1 `. : ~ _ j ~. ~ ~ ; .,moo . _~~, _. ~ _ _ __ -i ~ ~ ~ I t _i 1 ~ .U_..1 _. WRS N/NGTON .I T_r_ s~e2~_l ,i_ ~ I ~ i ~. i i ;I i L 1 a -i I- J I !~~ i', ~ T 1'' T r~~ (' i~. ~ ~ i _ ~ ~ 1 ~_ L. 1r ~~ . eo. i se ~s ~-~ ,~ ~ ~ 80 ~ j ~ - ~ ~ .. ; ~, ~. .,~ 4~ ~. '~ 1 * i 1 BOWER ~;c ~~.* °t1, ,S~ ~~~5'T.~~~`"`'" Yrs...,*~ ; ~ ~~ S ~~` '~ . tc. ~ '~ t' r '. ~ ~0' w~ }.g~.i ., ~_~ 'Qe..._ l: # ~~, ~ , I ~, ~ ~ ~~ ~' P MAPLE ~ AVE. '- I I y ~6 v~ ~ 8 ~ v ~- p~, li W. Mc' . ' s e ~ b s 4 3~ 5 MA PLE a 1~. 7'b LA 3 2.1 ~m :.: 14 IS 16 17 ~ s ~ ' '6 ~ a ro S} ~ Z 3 A S!bi 3 G ~ d ,+~ 3 36.36 • R~ v :.HERBY ~ , l ... G ~ 4' E'~i'Y ~;~Y 9 ,~.~ wsp ~~ r2 . !2 „ Ibl ;1 s. ~ a /: C H RRY•v ~ .Z ~,~ it CHEP.f~`:" ~.VE •~~ ~ wy ~ ~ ~~ ASH//yl~r~,y ~O ~ 3 l5 ,~ ~ ~ ~ I F I '-~l 4~ ~\ 2 ` ~ ~ ~ a 8 - ~ z z a ~' r aq` 2 1! ~a~9 8 7 ~ S 4 3 Z ~~• S ~v. • e ~ ~ 4 S7.'~ ~~ ~ `J/iySf.~/~l/G TDB ~ ST. ~ ;, 3 ~ 2 t~ •e ~ ~,DAI FLI~~hiNG ~~N. ~~' '~ ~ z~ '¢ S 6 '7 6 4 L V ~ 3 2 ~ 3~ y S E P 1~ 1995 - `~~ ':r ~~ 9 8 9 B 9 8 e ti v v APPLEGATE 5T ~ ARNELIAN Q ~ ~ > f• 2 I 3 3 3 14 I6 17 18 $Ve x n 2 la qrE. ~ OFFICIALS WILL111M G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Troesursr GARY D. SMITH, P.E Clty Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Wests Weter Supt. OENNISJ. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W.80WERS, FlrsChlef W. L "BILL" GORDON, Pollee CAlsf WAYNE G. CROOKSTON, JR., Attorney HUBOFTREASUREVALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Deparcmrnt (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCILMEMBERS RONALD R. TOLSMA MAX YERRINGTON R08ERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chalrrnan MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8t Zoning Commission, please submit your comments and recommendation to ___ Meridian City Hall, Attn: Will Berg, City Clerk by: October 3 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert 8~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE comer of East 1st St. and Pine St. _JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z ~~,t~,T,~IG~-NEALTH.~,.a,~., _. , NT C E GRANT KINGSFORD, MAYO ` ' ~ R I~AERI1i~IRR~GATl01~# DISTRIGT~' RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATiON(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Hunter Lateral courses along the south CITY ATTORNEY boundary of the proiect. The right-of-way of the CITY ENGINEER Hunter Lateral is 40 feet: 20 feet from the center each CITY PLANNER w See Idaho Code 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bi enson at Nampa & Meridian Irrigation }Z'istrict, 466-0663 or 345-2431, for approval before any encroachment or change of ri ght-of-way occurs. All laterals and waste ways must be protected Municipal surface drainage must be retained on site. If any drainage leaves the site Nampa & Meridian must review drainage plans. It is recommended that irrigation water b made available to all developments within Nampa & Meridian Irrigation District. This i~istrict re fires that a Land Use Change/Site Development application be filed for review prior to final. platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. 13~~~'~''~'~ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enylneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P ti 2 Adm. KENNETH W. BOWERS, Flre Chlef W. L. "BILL" GORDON, Pollee Chlef WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P ti Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert sti Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St. and Pine St. _JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT QUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATI (P ELIM & FINAL PLA CITY FILES ~ ~ C OTHER: ~ ~ ",,c, YOUR CONCISE REMARKS: R.~CEI'~IEID S EP 2 2 1995 CITY OF MERIDIAN HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA Clty Clerk Jr. WILLIAM G. BERG A Good Place to Live MAX YERRINGTON , , JANICE L. GASS, Clty Treasurer ROBERT D. CORRIE WALT W. MORROW GARY D: SMITH, P.E. Clty Enplneer CITY OF MERIDIAN BRUCE D. STUAR7, Water Works Supt. P 6 2 COMMISSION JOHN T. SHAWCROFT, Waste Weter Supt. 33 EAST IDAHO JIM JOHNSON, Chairman DENNIS J. SUMMERS, Parke supt. MOE ALIDJANI SHARI S. STILES, P 82Adm. MERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, Flre Chle} W. L. "BILL" GORDON, Pollce Chlef Phone (208) 888433 • FAX (208) 887813 CH TIM HEPPEpREE WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3 1995 TRANSMITTAL DATE: 9118/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert 8< Susan Berner and Marie Nanni --- LOCATION OF PROPERTY OR PROJECT: NE comer of East 1st St. and Pine St. _JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES /~` ~O ~ ~~ OTHER: v~( YOUR CONCISE REMARKS: s r.y ' LL Nu2.~n '~ L ~~~ z o X995 ~1"CY ur i~11G11111-~1P- ~~ ~~~1 V 0 Cj 2 5 1995 ~ ~,ITY U JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary October 20, 1995 TO: Albert and Susan Berner and Marie Nanni 906E 1st Street Meridian, ID 83642 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MCU-18-95 Full Service Restaurant Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 18, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • Facts and Findings: A. General Information R-4 -Zoning 0.16 -Acres 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District East 1st Street Minor arterial with bike route designation No traffic count available 80-feet of frontage 80-feet existing right-of--way (40-feet frorn centerline) No additional required right-of-way East 1st Street is improved with an average 52-foot street section with-curb, gutter and sidewalk. The roadway is designed with diagonal parking abutting this site and was rebuilt approximately four years ago. Pine Avenue Local street with no pathway designation No traffic count available 90-feet of frontage 80-feet existing right-of--way No additional required right-of--way Pine Avenue is improved with an average 49-foot street section with curb, gutter and sidewalk. There is a portion of sidewalk missing on Pine Avenue (at the. location of an existing water meter). Staff recommends that the applicant replace the missing portion of sidewalk if it abuts this parcel. B. There is an existing building located at this site. The applicant is proposing to use the building as a restaurant with an outside dining area to be located on the sidewalk. Staff recommends that applicant obtain a license agreement from the District for the use of the public right-of--way for commercial activities. Staff also recommends that a clear pedestrian walkway be maintained, to be a minimum of 5-feet between the proposed outside cafe and any existing street signs and utility poles abutting the street. C. There are no driveways on East 1st Street and none are proposed. D. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. MCU 1895 V. WPD Page 2 •4. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. 5. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 6. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 7. 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. 8. 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. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Development Services Staff Date of Commission ~pnroval• nctnher 18. 1995 MCU1895V.WPD Page 4 CENTRAL C ~~ DISTRICT ~THEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPAR'f("IENT Environmental Health Division ~ ;'~: geturn to: -_ ~ , .. Conditional Use # ~~~ f~~~i~ ~SS7}'i-~/~a~N~ Prelim,,~~i[[nary /Final /Short Plat /~/ !7/~~ZT /fN~ s~/S~OI/ ~ETW~2 ~® ~~/~ /v/47//// ^ Boise ^ Eagle ^ Garden city ~-Meridian ^ Kuna ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage ~' central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ I o. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: -'food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date:./ ~~/ Reviewed By: - Revie Sheet CDND 10/91 rcb, rev. II9S ~ ~ ~tECEi~'~~ OC105 19~i CITY Oi~ ait.~c„~~~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 04 October 1995 Boise 343-1884 SHOP: Nampa 466-0663 Clty of Meridian Boise 345-2431 33 East Idaho Meridian, ID 83642 RE: C~l~aional [Ise Permit for a Fu11 Service Restaurant - - Alb & Suaa;~ Berner and Marie Nanni To Whom It Concern: Further investigation of these plans reveals th at there will be no impact on the District, and we have no further comment. Sincerely, Daren R. Coon, Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/jas enc. pc: File Board of Directors Water Superintendent Albert & Susan Berner, Marie ivanni APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ^FFICIALS WILUSiM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFr, Wsste Water Supt. DENNI8 J. SUMMERS, Perko Supt. SHARI S. STI LES, P b Z Adm. KENNETH W. BOWERS, FlreChlef W. L. "BILL" GORDON, Pollce Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A GOO(I PL~ce t0 I..1Ve RONALD R. TOLSMA MAX YERRINGTO N CITY OF MERIDIAN ROBERT D.CDRRIE WALT W. MORROW P A Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO 83642 MOE AUDJANI JIM SHEARER Phone (208) 888-4433 • FAX (208) 887813 RECEIVED li CHARLIE ROUNTREE TIM HEPPER Pub c Works/Building Department (208)887-2211 GRANT P. KINGSFORD O C j - 4 1995 M ayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 81 Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert ~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St and Pine St _JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR _~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREUM 8 FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Hunter Lateral courses along the south CITY ATTORNEY boundary of the project. The right-of-wa of the CITY ENGINEER Hunter Lateral is 40 feet: 20 feet from the center each CITY PLANNER w S e Idaho Code 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The develo er must contact John Anderson or Bi enson at Nampa & Meridian Irrigation 1~~istrict, 466-0663 or 345-2431, for approval be ore any encroachment or change of rig ht-of-way occurs. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any drainage leaves the site. Nampa & Meridian must review drainage plans It is recommended that irrigation watQr_be made available to al l developments within Nampa & Meridian Irrigation District. Th~G il;s ; requires-that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. ~~~'~'~- Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District ~-- OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Gty Trossurer GARY D. SMITH, P.E Gty Enplnssr BRUCE D. STUART, Wate- Works Supt. JOHN T. SNAWCROFT, Weste Water Supt. OENNIS J. SUMMERS, Perks Bupt. SHARI S. STILES, P ti Z Adm. KENNETH W. BOWERS, Flro Chief W. L "BILL" OORDON, Pollcs Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY. COUNGL MEMBERS A Gt~od Place to Live RONALD R. TOLSMA MAxYERRINGTON CITY OF MERIDIAN ROBERT O. CORRIE WALTW.MORRDW P 6 Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO H3642 M M SNEAKER Phone (208) 888.4433 • FAX (208) 887.4813 CHARLIE ROUNTREE Public Works/Building Department (208) 887-2211 TIM HEPPER GRANT P. IQNGSFORD >~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning t3< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: _Conditional Use Permit for a full service restaurant BY: Albert 81 Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE comer of East 1st St. and Pine St. _JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~~ ', ~; MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~1~~ Y G~ ~~9ii~~:l~llAa ,• ~~~~~ C;b ~ ~,r . , .. 19~Jr :~:«-:. ~ ff~-r ~ 2/vt i4 /tf J7/l~ ~h~SJ~(! ~/~4~t ~ /J L ~~ SL C SA.t~ !3 c ~2 ~! 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C 1~-E~/a ~ ~ 7~L T~1 7 I S ~ ~ /~ 2% ~I L- ~GL~-T ~ I~/~J ?7`~.~T y p~ I-1-x11/ ~L~ ~ ~ e~G~~.~'S A->ul~ l~I E •~1 Lgd ~-OV ~%aC '7`~S~-~ f~~1 /'_ ~ ~i ~ ~1 !i./7tt~ T f3-E ~~t /3L /s~-z~ 6~,c/ rr ~ ~~ a /hc~T • ! ~ IZc'/.J~-z_ [~ ~ /~/~I~ C-i.~ ~ /~./~/Z~ 7~v(!'lo ~/~u L!j~ll~2~ ~) ~~~~~~ ~~~ 0~0 SD fit./ ~/J n-rr~~t1 ~ L~o~ ~~ ~- 8~~- ~~~ ,~ MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: OCTOBER 10.1995 APPLICANT: ALBERT& SUSAN BERNER AND MARIE NANNI AGENDA I TEM NUMBER: 12 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT AGENCI( COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: (~ CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS 1 NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS '~ SETTLERS IRRIGATION: ~I IDAHO POWER: C~ US WEST: ,~''~ k c ~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. L~ • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~~day of ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED /~ ~~~~~ .1995. VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIt~N 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. HINGSFORD Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS RONALD R.TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 5, 1995 Re; FULL SERVICE RESTAURANT (Request for Conditional Use Permit - by Albert & Susan Berner and Marie Nanni) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. A drainage plan designed by an azchitect or engineer, licensed by the State of Idaho, shall be required for all off-street parking areas. The drainage plan shall be submitted for review and approval by the City Engineer. (Ord. 557, 10-1-91). 3. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D. 4 and 11-2-414. D. 5 of the City of Meridian Zoning and Development Ordinance. 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 6. All construction shall conform to the requirements of the Americans with Disabilities Act. 7. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed during the building plan review process. Please provide any information that you may have with regards to your anticipated water demand. C: \WPWIN60\GENERAI.\PAISANOS. P&Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM ~ HUB OF TREASURE VALLEY oouNCIL MEMBERs A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF 1VIEI~IDIA~T WALT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. HINGSFORD Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Sham Planning & Zoning Administrator DATE: October 6, 1995 SUBJECT: Conditional Use Permit for aFull-service Italian Restaurant by Al and Susan Berner - 906 East First Street It should be noted that, in conjunction with this request for Conditional Use Permit, a variance application has been submitted which will be heard at City Council on 10/ 17/95. The variances requested involve off-street parking requirements, outdoor seating within ACHD right-of-way, and sale of beer/wine for consumption on premises within 300' of a church or school. ACHD approvals for use within the public right-of--way shall be submitted to the Meridian Public Works Department prior to occupancy. 2. Landscaping should somehow be incorporated along East First Street and Pine. 3. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent upon meeting all zoning, building code, public works, Central District Health and Fire Department regulations. 4. My primary concern is the lack of off-street parking for the project. Although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 5. If a special meeting is to be held by the Commission later this month, I would ask that Findings of Fact/Conclusions of Law for this project be acted upon at that meeting, provided legal counsel has adequate time to prepare them. ~Oo G°'~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR PAISANO'3 ITALIAN RESTAURANT AL & SUSAN BERNER ~ MARIE NANNI. APPLICANTS NE CORNER OF EAST 13T AND PINE STREET FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioners, appearing through Al Berner and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter. makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and the Applicants are not the owners of the property; that the owners of the property are Loyd E. and Sally M. Jones; that the property is described in the application which description is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 1 • incorporated herein. • 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a full service family restaurant. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12, as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the Applicant testified that the tentative business hours will be from 11:00 a.m. to 9:00 p.m. , six ( 6 ) days a week and proposed to be closed on Sundays, at this time; that there is an apartment above the building and the only off-street parking which exists now is just behind the building where there is a driveway for the tenants of that apartment; that the building exterior will basically stay the same; that the only changes will be cosmetic; that a decorative awning with the name of the restaurant and the type of restaurant will be on the awning and on the side of the building itself; that light will basically be the same as presently FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 2 i • exists; that regarding Ms. Stiles' comments of the landscaping, the Applicant is willing to consider and discuss her comments with her. 6. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 7. That sewer and water is available to the property. 8. That the Applicants stated in the Application that they agree to pay any additional fee regarding trash, sewer, or water. 9. That Mr. Berner testified before the Commission that the draft he had from the Ada County Highway District basically bought off on the Conditional Use; that their concern is traffic and parking; that there will possibly be am impact of an additional 300 vehicle trips per day. 10. That Mr. Berner also testified that his own observations of the area after 5:30 p.m. were that there are quite a number of empty parking spots, both on East First and on Pine Street, and that the Applicant is proposing all parking to be on public right of way. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City .Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that paving and striping shall be in accordance with the standards set forth in 11-2-414 D.4 and 11-2-414 D.5; that all signage shall meet 11-2-415; that off-street parking shall be provided in accordance with Section 11-2-414; that a drainage plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 3 • designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking area; that the drainage plan shall be submitted for review and approval by the City Engineer; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residential area and in accordance with City Ordinance, Section 11-2-414.D.3; that all construction shall conform to the requirements of the Americans with Disabilities Act and that the sanitary sewer and water to this facility would be by means of existing service lines and that assessments will be reviewed during the building plan review process; that the comments from the Planning and Zoning Administrator, Shari Stiles, were specifically that the Ada County Highway District approvals for use within the public right-of-way shall be submitted to the Meridian Public Works Department prior to occupancy; that landscaping should somehow be incorporated along East First Street and Pine; that a Certificate of Occupancy is required prior to opening and will be contingent upon meeting all zoning, building codes, public works, Central District Health and Fire Department regulations and that a lack of off-street parking for this project is of primary concern; that although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 12. That the Meridian City Police Department, City Fire Department, Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 4 • • incorporated herein as if set forth in full. 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 14. That no other testimony was offered regarding this application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 5 conditions of the area, concludes as follows: • the Planning and Zoning Commission a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer and the Planning and Zoning Administrator must be met and complied with. 6. That all Ordinances of the City of Meridian must be met, including but not limited to, the Sewer Ordinance and Pre-Treatment Ordinance, Uniform Building Code, Uniform Fire Code, Uniform FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 6 • Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, and all parking and paving requirements. 7. That the structure on the property must be brought up to all codes prior to issuance of an occupancy permit. APPROVAL OF FINDINGS. OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~ VOTED VOTED Q~i VOTED DECISION AND RECOI~iENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for.the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 7 • MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1.995 APPLICANT: ALBERT A SUSAN BERNER AND MARIE NANNI ITEM NUMBER; ?rl` #~ REQUEST;. CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT (PAISANOS) AGENCY COMMENTS CITY CLERK: MINUTES FROM 10-10-95 P 8~ Z MTG CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" fj ~ ~, CITY FIRE DEPT: SEE ATTACHED COMMENTS ~ ~ G ` CITY BUILDING DEPT: .~~ MERIDIAN SCHOOL DISTRICT: ~~~ MERIDIAN POST OFFICE: ~ y~ ~ (~'1~ Y !~ ~,QJ~ ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ~ ~~" ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS A!, Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN PLANNING & ZONING COMMISSION OCTOBER 26. 1995 The Special meeting of the Planning & Zoning Commission was called to order by Chairman Jim Johnson: MEMBERS PRESENT: Jim Shearer, Charlie Rountree, Tim Hepper: MEMBERS ABSENT: Moe Alidjani: OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles: ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT AND SUSAN BERNER AND MARIE NANNI: Johnson: Any discussion or comments, corrections to be made to these findings of fact as prepared by the City Attorney? Anyone have any comments? Entertain a motion for approval as prepared then. Rountree: So moved. Hepper: Second Johnson: It has been moved and seconded that we .approve the findings of fact and conclusions of law as prepared by the City Attorney, roll calf vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent. MOTION CARRIED: All Yea Johnson: Any decision or recommendation you wish to pass onto the City at this time? Rountree: Mr. Chairman, I Move that the Planning & Zoning Commission recommends to the City Council that they approve the Conditional Use Permit applied for. Shearer: Second Johnson: Moved and seconded to pass a recommendation on as stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR BEFORE AND AFTER SCHOOL BY JOE AND LESLIE PALMER: .,_,_ • Meridian Planning & Zoning Commission October 10, 1995 Page 14 Hepper: Second • Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on the application for Western Deli Shops Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Johnson: I will now open the public hearing and invite the applicant or representative to come forward and address the Commission at this time. AI Berner,. 2050 West Sandalwood Drive; was sworn by the City Attorney. Berner: This is for a conditional use permit for a full service restaurant to be located in an existing structure at 906 E. 1 st Street. Hours of operation are tentative right now from 11 A.M. to 9 P.M. six days a week and proposed to be closed on Sundays at this time. As I said the building is already existing, at one time I understand it was a restaurant, I moved to Meridian in 1980 and I don't ever remember it being a restaurant so it was before my time. The building exterior will basically stay the same, the only changes will be cosmetic in that there will be a decorative awning with the name of the restaurant and the type of restaurant that it is. The only other signage will be on the side of the building itself and not very big. Light will basically stay the same also. I had a draft from Ada County Highway District last week and they basically bought off on the Conditonal Use, they said there will possibly be am impact of additional 300 vehicle trips per day and I guess the big concern is traffic and parking. My own observations have shown that after 5:30 P.M. there are quite a number of empty parking spots at that intersection, both on East First and down Pine Avenue. Does the Commission have any questions? Johnson: Any questions of the applicant at this time? Rountree: Have you reviewed the comments from the City Engineer and the Planning Administrator? Berner: Yes I have. Rountree: The one item that seems to come out is the issue of parking. You are proposing all parking to be on public right of way? ~= • Meridian Planning & Zoning Commission October 10, 1995 Page 15 Berner: That is correct, and my understanding also is the City of Meridian has purchased a lot adjacent to that on Pine Avenue that becuase of budgetary restraints right now they cannot pave or turn into the parking lot but that is what it is intended for in the future. I don't know how many parking spaces that will accommodate whenever it is in. Hepper: Does this piece of property have any off street parking of its own? Berner: The only off street parking that exists now is just for the tenants, there is an apartment above that building and just behind it there is a small driveway and the tenants that occupy that apartment that is their parking spot. I think it is also for the two businesses that are located in that same building, the jewelry store and the mobile home sales. Shearer: Part of the public parking is on the private property on that site (inaudible) that parking is not strictly off or on street. Part of that is on private property. Johnson: It is on private property but it is public parking. Berner: Are you referring to the driveway behind it? Johnson: No, he is referring to where it was bulbed out, where they created the bulbs in there and the diagonal parking. That is public parking on both sides of the street. Any other questions? Hepper: Did you see Shari Stiles' comment about the landscaping, you need to try and incorporate some landscaping if possible. Berner: Yes I did and I really didn't understand where that would go. I could put a few planters out there if you would like but I really don't know what to do (inaudible) or the City would expect in the way of landscaping. There is not a lot of room out there and that is mostly Ada County Highway District Easement as I understand those sidewalks and everything. (End of Tape) If there is some specific thing about landscaping I would be wiling to consider that certainly. Johnson: I would suggest you talk to Shari Specifically about that and see what she had in mind. Shearer: Is there a dirt strip between Pine Street and the building (inaudible). Berner: That sidewalk is from the building out to the street and if you have Ada County Highway Departments comments they have also, they are asking for standard curb and r . '- u Meridian Planning & Zoning Commission October 10, 1995 Page 16 gutter there rather than that drive up kind of curb. • Johnson: Anything Wayne? Tim? Thank you, is there anyone else from the public that would like to come forward at this time? Seeing no one then I will close the public hearing. Again this requires findings of fact and conclusions of law. Hepper: Mr. Chairman, I move we have the Gity Attomey prepare findings of fact. Shearer: Second Johnson: It is moved and seconded that we have findings of fact and conclusions of law prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEFORE AND AFTER SCHOOL CENTER BY JOE & LESLIE PALMER: Johnson: I will open the public hearing at this time and invite the Palmer's or their representative to come forward. Joe Palmer, 1620 Sportsman, was sworn by the City Attorney. Palmer: What we are proposing is a before and after school center it is next door adjacent to a building that we now own that we have a regular day care center that has children that are under school age. They are on two different pieces of property, we are leasing the one that we are proposing at this time we will be leasing that property. There is only one building on the property some of the paperwork I came back there was some comments about other buildings that are there on the property. There is no other buildings on the property there is only one. There in the back corner of that building there will be two people that rent just the one comer of it for doing a dental lab, I believe that was approved in your last meeting. Is there any questions? Johnson: Have you been operating this at this time before this meeting? Palmer: No, we started to when school first opened and the building inspector said we don't have an occupancy so not to operate so we haven't since then. That was about a month and a half ago. Johnson: You read the comments from the Assistant to the City Engineer and no questions on those? • • Meridian Planning & Zoning Commission October 10, 1995 Page 14 Hepper: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on the application for Western Deli Shops Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Johnson: I will now open the public hearing and invite the applicant or representative to come forward and address the Commission at this time. AI Berner, 2050 West Sandalwood Drive, was sworn by the City Attorney. Berner: This is for a conditional use permit for a full service restaurant to be located in an existing structure at 906 E. 1 st Street. Hours of operation are tentative right now from 11 A.M. to 9 P.M. six days a week and proposed to be closed on Sundays at this time. As I said the building is already existing, at one time I understand it was a restaurant, I moved to Meridian in 1980 and I don't ever remember it being a restaurant so it was before my time. The building exterior will basically stay the same, the only changes will be cosmetic in that there will be a decorative awning with the name of the restaurant and the type of restaurant that it is. The only other signage will be on the side of the building itself and not very big. Light will basically stay the same also. I had a draft from Ada County Highway District last week and they basically bought off on the Conditonal Use, they said there will possibly be am impact of additional 300 vehicle trips per day and I guess the big concern is trafFc and parking. My own observations have shown that after 5:30 P.M. there are quite a number of empty parking spots at that intersection, both on East First and down Pine Avenue. Does the Commission have any questions? Johnson: Any questions of the applicant at this time? Rountree: Have you reviewed the comments from the City Engineer and the Planning Administrator? Berner: Yes I have. Rountree: The one item that seems to come out is the issue of parking. You are proposing all parking to be on public right of way? • • Meridian Planning & Zoning Commission October 10, 1995 Page 15 Bemer: That is correct, and my understanding also is the City of Meridian has purchased a lot adjacent to that on Pine Avenue that becuase of budgetary restraints right now they cannot pave or tum into the parking lot but that is what it is intended for in the future. I don't know how many parking spaces that will accommodate whenever it is in. Hepper: Does this piece of property have any off street parking of its own? Berner: The only off street parking that exists now is just for the tenants, there is an apartment above that building and just behind it there is a small driveway and the tenants that occupy that apartment that is their parking spot. I think it is also for the two businesses that are located in that same building, the jewelry store and the mobile home sales. Shearer: Part of the public parking is on the private property on that site (inaudible) that parking is not strictly off or on street. Part of that is on private property. Johnson: It is on private property but it is public parking. Berner: Are you referring to the driveway behind it? Johnson: No, he is referring to where it was bulbed out, where they created the bulbs in there and the diagonal parking. That is public parking on both sides of the street. Any other questions? Hepper: Did you see Shari Stiles' comment about the landscaping, you need to try and incorporate some landscaping if possible. Berner: Yes I did and I really didn't understand where that would go. I could put a few planters out there if you would like but I really don't know what to do (inaudible) or the City would expect in the way of landscaping. There is not a lot of room out there and that is mostly Ada County Highway District Easement as I understand those sidewalks and everything. (End of Tape) If there is some specific thing about landscaping I would be wiling to consider that certainly. Johnson: I would suggest you talk to Shari Specifically about that and see what she had in mind. Shearer: Is there a dirt strip between Pine Street and the building (inaudible). Berner: That sidewalk is from the building out to the street and if you have Ada County Highway Departments comments they have also, they are asking for standard curb and Meridian Planning & Zoning Commission October 10, 1995 Page 16 gutter there rather than that drive up kind of curb. Johnson: Anything Wayne? Tim? Thank you, is there anyone else from the public that would like to come forward at this time? Seeing no one then I will close the public hearing. Again this requires findings of fact.and conclusions of law. Hepper: Mr. Chairman, I move we have the City Attomey prepare findings of fact. Shearer: Second Johnson: It is moved and seconded that we have findings of fact and conclusions of law prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FORA CONDITIONAL USE PERMIT FOR A BEFORE AND AFTER SCHOOL CENTER BY JOE & LESLIE PALMER: Johnson: I will open the public hearing at this time and invite the Palmer's or their representative to come forward. Joe Palmer, 1620 Sportsman, was sworn by the City Attorney. Palmer: What we are proposing is a before and after school center it is next door adjacent to a building that we now own that we have a regular day care center that has children that are under school age. They are on two different pieces of property, we are leasing the one that we are proposing at this time we will be leasing that property. There is only one building on the property some of the paperwork I came back there was some comments about other buildings that are there on the property. There is no other buildings on the property there is only one. There in the back corner of that building there will be two people that rent just the one comer of it for doing a dental lab, I believe that was approved in your last meeting. Is there any questions? Johnson: Have you been operating this at this time before this meeting? Palmer: No, we started to when school first opened and the building inspector said we don't have an occupancy so not to operate so we haven't since then. That was about a month and a half ago. Johnson: You read the comments from the Assistant to the City Engineer and no questions on those? Meridian City Council February 6, 1996 Page 35 MOTION CARRIED: All Yea ITEM #16: BEER AND WINE LICENSE FOR PAISANO'S ITALIAN RESTAURANT: Corrie: Council your pleasure, I have the application here. I guess my only question would be the Chief of Police, is everything in order? Gordon: I have no problem at all contrary to Mr. MorrovWs barbecue ribs we already know they are going to serve lasagna. Rountree: I guess I have a question for me in the way of education this is the first one I have seen what is the process? Corrie: We approve the application for a beer and wine license. The beer is by bottle and can and the wine is by the drink. Rountree: I see that everyone else issues a permit do we issue a permit as well? Corrie: Yes Rountree: Mr. Mayor I move we approve the application for a beer and wine license for Paisanos' Italian Restaurant. Bentley: Second Corrie: Motion is made by Mr. Rountree, second by Mr. Bentley for the beer and wine license for Paisano's Italian Restaurant, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #17: REQUEST FOR EXTENSION FOR FILING OF THE FINAL PLAT FOR HARTFORD SUBDIVISION: Corrie: Everybody on the Council have that request from them, any questions? Morrow. An editorial comment, they are anticipating platting to begin in the spring/summer of 1996 I think but probably we extend this as normal for one year. Corrie: I believe the letter is dated December the 18, 1995 so it would be one year from that point or do you want to extend it from spring/summer of 1996 I guess is my question. ~I Meridian City Council November 8, 1995 Page 30 I must open the public hearing, if anyone cares to give testimony on that we will take it at this time. Seeing none I will continue the public hearing until the November 21 meeting. Morrow: Mr. Mayor part of my reasoning for requesting the deferral by Mr. Turnbull was so that we could do an on site walk through of the proposal and so I would invite any of the other Councilman to join me on that walk through. Kingsford: If that is in the afternoon Mr. Morrow I would certainly like to do that as well. Morrow. I will make it for an afternoon appointment then. It will be not this week but next week. ITEM # 23: CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Kingsford: I would entertain a motion on the conditional use permit for a full service restaurant. Morrow: Mr. Mayor I would move that we approve or adopt the findings of fact and conclusions of lawforthe conditional use permit for a full service restaurant with lasagna by Albert and Susan Berner and Marie Nanni. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions of law for a conditional use permit for a full service restaurant by Albert and Susan Berner and Marie Nanni, roll call vote. ROLL CALL VOTE: Morrow -yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, the decision would be that the Meridian City Council approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the decision, atl those in favor? Opposed? • Meridian City Council November 8, 1995 Page 31 MOTION CARRIED: All Yea ITEM #24: CONDITIONAL USE PERMIT REQUEST TO OPERATE A BEFORE AND AFTER SCHOOL BY JOE AND LESLIE PALMER. Kingsford: Do you guys want to hear a presentation? Palmer: I think everybody knows what it is, do you have some questions. Kingsford: This is the property on Meridian Road? Palmer: It is adjacent to a day care that we already have. It is next door to it on Meridian Road. Morrow. Is that where the Cherry Vacuum used to be? Palmer: It is still there it is behind the two in between them. Yerrington: How many students do you have in each one of them? Palmer: The one that is now going is licensed for 43 and it is determined by the Fire Marshall how many we can have. I have measured it out I believe it is going to be 30 to 34 right in there, it depends on which tape measure, there are a couple jogs in the wall, I don't know how they are going to count that but it should be about 30. Kingsford: Mr. Smith, what is the status with regard to the hook ups on those properties? Smith: Can you give me just a minute to check my file. Kingsford: Any questions for Joe while he is looking? Smith: Mr. Mayor, item #7, when my assistant Bruce Freckleton commented in October, on October 5 stated that the assessments will be reviewed during the building plan review process. He asked for information from Mr. Palmer concerning his anticipated water demand. I don't know whether he received that, did he receive that? He did. Palmer: There was some concern whether or not the drainage system that we put in will take all the water in the parking lot. Our engineer came by and re-checked everything and said well according to the numbers it is not but we will do a test on it. So we will have a water truck come over and dump 3600 gallons of water in and see if it will take it. ~ct~-,ylcstli ~ DEED OF TRUST (WITH POWER OF SALE) THIS DEED OF TRUST, Made this 2nd_-_-- day of May__-_^, 19_95 _ BETWEEN, _Lpyd _E. _.__._. -__ .,)'41~)>~_,~;31.1y._..Mr._.,IQ~eB.,.~1Ltst~l7si_~nd__wif~.-_.-.-------_------_---_---.-------.---- .. herein called TRUSTOR, (N~me of Trusu,q First Ariterican_Titl.e Co~aparty_of Ida~to~~n~,~ an Idaho Co~pQrat.~i n_ called TRUSTEE, whose address (Name of Trusmel is ,.._ 7311_Potomac_ Drive __ Boise, _ Idaho 83704__..,,.__.,_._, ,and BENEFICIAL' MORTGAGE CO. OF IDAHO, a Delawarecorporntion qualified to do business in Idaho, whose address is __504-_~g_)~~.y2-~~1~ Rd $Q~se ,-._ .___., s~ho 83.7QQ.___.-_~_._. herein called "Beneficiary". WITNESSETH: That Trustor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of _Ada__..._.._ _-_._____.._......_, State of Idaho containing not more than twenty acres, hereafter refcrrccf to as the "Property": (See attached Schedule A far legal description of mortgaged premises) ^ if this box is checked, this Deed of Trust is subject to a prior deed of trust dated _-_-N/..A_..___._, 19N/A ,executed by _N/A_ ~.---------._-....-- - ---...__ _ - _ _--___---------__._----._..__...------------.-._. _ ............. , as trustor(s) to N/A_ _.__ ..-.----.._~____......_. ~ .._.._,.._ _._..----. _._-..__ ..._.....---.--.__-----•--------.._......- --. , as trustee for the benefitof_-N/A.--•---------------.....- ---.-,_._ -. _._-_. _.._-----__....---.--.--...... -........._-_. ...._ .............._ ,asbcneticiary, securing payment of a promissory note in the principal amount of $.... _IY/A-_...._.. -.._..... That prior deed of trust was recorded on N/A . _.._-__._... ...___-.. , 19..N/Awith the Recorder of ...N/A-....- ..... .. _ -County, Idaho in Book N/A , p,tgeN/A .. For the Pnt~pose of Securin); I'~ayment of a Credit Line Account Agreement of even daft herewith, referred to hcrcaticr as "A ~reement'?, h which the aforementioned Beneficiary is obligated to make loans and advances, including the lntitial Advance, up to $.00,_000_00 referred to hcrcaftcr as the "Credit Linc", said Agreement being repayable in Scheduled P:lymcnt Amount I'~uymcnts beginning one month from the elate of the Agreement, the number of which being based on an anwrtization period of 360 months, it is the express intention ul'the parties to this Deed of Trust that it shall stand as continuing security wail paid fir all such advances together with interest thereon. Notwithstanding any other payment dates agreed to by the Trustor anti the Beneficiary this Deed of Trust shall terminate 20 years from• the date hereof. A. To protect the security of this Deed of 'Trust, Trustor agrees: 1. To keep the Property in good condition and repair; not to remove: or demolish any building on the Property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed on the Property and to pay, when due, all claims for labor performed and materials furnished for the erection of any building; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer or permit any act upon the Property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary; the specific enumerations herein not excluding general enumerations. 2. To provide, maintain and deliver to Beneficiary evidence of fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any Indebtedness and in such order as Beneficiary may determine, or, at option of Beneficiary, the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. ' 3. To appear in and defend any action or proceeding purporting to t,ffect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's ices in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. To ~~ay at least 10 days before delinquency all taxes and assessments affecting the Property, when due, all encumbrances, charges and I ens, with interest, on the Property, which appear to be prior or superior to this Deed of Trust, all costs, fees and cxlxnscs of this Trust. 5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provrstons of thts Dced of Trust together with interest from dote of expenditure at the Rate of Charge set forth in the Agreement. 6. Should Trustor fail to make any payment or to do any act provided for in this Decd of Trust, then Beneficiary ar Tnrstec, but without obligation so to do, witluntt n.riicc to or dcntand upon Trustor and without rolcasing Tntstor from any obligation un(lcr this ih:cd of 'T'rust, may make or do the same in s'.rch manner and to such extent as either may deem necessary a, protect the security. Bcncficiary ur Trustee is authorizul to enter upon th. Pralx;tly lirr such purposes; apfx:ar in and defend any action or pnx:ecding purlwiting to affect the security or the rights or powers of Beneficiary or'1'rttstee; pay, purchase, contest or compromise any encumbrance, charge or lien ~+~hich in the judgment of either appears to lx prior or superior hcn;to; and, in exercising any such pcnven, nr, in cnli>rcing this Decd of 'I'n(st by judicial foreclosure, pay necessary expenses, employ cuunscl and pay the roasonablc fees of cuunscl. B. It is mutually agreed that: (. Any award of damages in connection with any ccndemnation for public use of or injury to the Property is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect us above provided for disposition or proceeds of tiro or nth:r insurance. 2. By accepting payment of any sum secured hereby after its due date, Bcncficiary does not waive its right either w rcyuire prompt payment, when due, of all other sums so secured or to declare default for failure so to pay. 3. At any time or from time to time, without liability therefor and without notice, upon written rcyucst of Bcncficiary and presentation of this Decd of Trust and the Agreement for endorsement, and without affecting the personal liability of any person for payment of the Indebtedness, Trustee may (a) recc~nvey all or part of said property, (b) consent to the making of any map or plat thereof, (c) join in granting any easement thereon; oi• (d) join in any extension agreement or any agreement subordinating the lien or charge of this Decd of Tt~ust. 4, Upon (a) written' request of Bcncficiary swting that all sums secured by this Dced of Trust have been paid, (b) sun•cndcr of this Decd of Trost and th<<~ Agreement to 'T'rustee liar cancellation and rclcntion and (c) payment of its fees, 'I'YUKtee shall rceonvcy, without warranty, the Pri>'~crty. The recitals in any reconvcyance cxccute(I under this Dced of "trust of any nrutcrs or facts shall be conclusive proof of the truthfulness thcrcol', The grunwc in such reccxivcyance instrument may be described as "the person or persons legally entitled thereto." 5. Upon default by Trustor in payment of the Indebtedness or in performance of any agreement under this Dccd of Trust, all sums secured by this Dccd of Trust shall inuuediutcly bcconte due and payable, at the option of Bcncficiary, In the event of (Icfault, Bcncficiary shall execute ur cause thc'll-ustec to execute a written notice of such default and ol'the'frustec's election to cause to he sold the Property to satisfy the obligations under the Agreement, and shall cause that notice to be recorded in the office of the Retarder of the county in which the Propct~y is situated. Notice of sale having been given as then required by law, with not less than the time then rcyuired by law having elapsed, Tntstce, without demand on Tnhstor, shall sell the Property at the time and place fixed in the notice of sale, cithcr as a whale or in separate parcels and in such order as Trustee may determine, at public auction to the highest bidder for cash in lawful money of the United ttt. a tt~-2onyttso, t:~). l~cc. '~a .i. Stater,, payable at time of sale. Trustee shall deliver tc- Uu purchaser its deed conveying the property sn sold, but without any ccsvcnant ur warranty express or implied. '1'hc recitals in such deed of any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trutitee, or Bcncficiary, may purchase at such sale. After deducting all costs, fees; and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable cowtsel fees in connection with sale, 'Truste'e shall apply the proceeds of sale to payment of (a) all sums expended under tl+e terms of this Deed of Trust, not then repaid, with accsved interest and (h) all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled thereto. 6. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devises, administrators, executors, successors and assigns. The term Trustee shall mean the individuals designated herein as ""frustce" and each such person shall be authorized to exercise the powers of Trustee individually or collectively. The term Beneficiary shall mean the holder and owner of the Agreement secured by this Deed of'I'rust; or, if the Agreement has been pledged, the pledgee thereof. In this Decd of Trust, whenever the context so reyuires. the mr'sculine gender includes the feminine and/or neuter, and the singular number includes the plural. 7. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which 'Trustor, Beneficiary or Trustee shall be a party unless brougl t by Trustee. 8. Upon the death of one of flit Trustors, at the option of Beneficiary, the unpaid balance of the Indebtedness, together with accrued interest, may become immcdiatcly due and payable. 9. In the event of death, incapacity, disability or resignation of any one or mare of the Trustees, Bcncficiary ntay substitute a u•ustcc or trustees to execute the 'trust crcntcd by this Uccd uf'1'rusl, and when any such substitution has hccn filed for rccortt in the office of the Recorder of the county in whielr the I'rupcrty is situated, It shall be COIICIUSIVC CVIdenCC Of till' ap{~oinuncnt of substitute trustcc or trustccx. "The n.w trustcc or trustees shall succeed to all of the powers and duties of the trustcc or trusters named in this [)ccd of 'Trust. 10. Request is hereby made that a copy of any Notice of Uefault and a copy of any Notice of Sale hereunder be mailed to Trustor at his address set forth above. 1 t . If Trustors voluntarily shall sell or convey the Property. in whole or in part, or any interest in that Property or by some act or means divest themselves of title to the Property without obtaining the written consent of Beneficiary, then Bcncficiary, at its option, may declare the entire balance of the loan plus inla•est an the balance immcdiatcly due and payable. This option shall not .reply if (1) the sale of the Property is permitted because the purchaser's creditworthiness is satisfactory to Bcncficiary and (2) that purchaser, prior to the salt, has cxccutcd a written assumption agreement containing terms prescribed by 13eneficiary, including, if rcyuired, an increase in the Itatc of Charge. 12. "Trustors w,iil pay and keep current the monthly instalments on the prior decd of trust and to prevent any default thcrcundcr. Trustors further agreclthat should any default be made in the payment of any instalment of principal or any intcrest on the prior decd of trust, or should any stilt he commenced or other action taken to foreclose the prior deed of trust, then the amount sccnrcd by this Decd of Trust shall become and be due and payable in full at any time thcrcaftcr, at the option of Bcncficiary and in accordance with the Agreement. Bcncficiary, at its option, may pay the scheduled monthly instalments on the prior deed of trust and, to the extent of the amount so paid, become subrogated to the rights of the beneficiary identified in the prior decd of trust. All payments made by Beneficiary on the loan secured by the prior deed of trust shall bear intcrest at the Rate of Charge until paid in full. 13. Mortgagor warrants that (I) the Property has not hccn used in the past and is not presently used for hazardous and/or toxic waste, (2) the Property complies with all federal, state and local environmental laws regarding hazardous and/or toxic waste, (3) asbestos has not been used as a building material on any building erected on the Property in the past, (4) the Property is not presently used for asbestos storage and (5) the Mortgagor complies with all federal, state and local laws, as well as regulations, regarding the use and storage of asbestos. 14. Mortgagor covenants an.I agrees to comply with all federal, state, and local environmental laws in the maintenance and use of the Property. 15. Mortgagor warrants that neither the Property nor the loan proceeds were or wfll be used in illegal drug activity, and the Property is not subject to seizure by any governmental authority because of any illegal drug activity. IN WITNESS WHEREOF, Trustor has set his h;rnd and affixed his seal on the day and year first above written. Signed, sealed and delivered in the presence of: WIlnC3S Lo Jon (scat) Sally M. Jones tscat) Witness (Seal) (SeaU STATE OF.IDAHO, COUNTY OF j On this -_...._..-.--_--.-__. day of -__. _..' -.---.._.. I9..-_., before me, a Notary Public in and for s;,tid State, personally appcared ---------------------------------- _ ._ _...------ known to ~t, c to be the person(s) whose nan+c(s) is/arc subscribed tu, the within instrument, and acknowledged to me that he/she/they cxccutcd the same. STATE OF IDAHO, COUNTY OF I HEREBY CERTIFY That this instrument was filed for record at the request of the Beneficiary BENEFICIAL MORTGAGE CO. OF IDAHO at -- minutes past ._... o'clock -----------------.M., this ___...... _ day of .--------- 19. in my office, and duly recorded in Sook __ . , of Mortgages at page f•_i•(rj/i~in Krrarrhr By prpurr Noruir Prdrlir Fecs $ Residing at .._ ..__ .-_._,_ ._.-._. _-. Idaho. Mail to: BENEFICIAL MORTGAGE CO. OF IDAHO THE CIiEt)I'1' LINE ACCOUNT AGREEMENT, AND ANY I;VIULNCES U)r: FURT11EIi ANU/OIi AllUl'I'IONAL ADVANCES, MUST BE PRESENTED WITH THIS REQUEST _, 19 You are Thereby authorized and requested to execute a reconveyance hereunder and deliver same to BENEFICIAL MORTGAGE CO. OF IDAHO.. The undersigned hereby certifies that beneficiary is the owner and holder of the debt mentioned in this Deed of Trust and that the same has never been assigned or transferred. Attest: ^ BENEFICIAL MORTGAGE CO. OF IDAHO By - Vicc President (Scat) Sccrctary