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Comments1 1,t,9 ,rl ___.V `'°t -A"118 MN ip250d cud W oe 00 V4 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: TO: FROM: DATE: SUBJECT HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Mayor and City Council Shari Stiles, P&Z Administrator 4� June 2, 2000 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 Appeal of Zoning Administrator's Request for Conditional Use Permit Application for Rental Car Facility on S. Meridian Road The parcel in question is zoned C -G and is located just north of Republic Storage on the west side of Meridian Road. The property has approximately 55 feet of frontage on Meridian Road and is approximately 150 feet deep. The appellant has requested that a rental car facility, Enterprise Rent A Car, be allowed to occupy the property. An employee of Enterprise Rent A Car called the Planning & Zoning Department on May 22, 2000, and inquired about the site. The employee was informed that a conditional use permit would be required for a rental facility as it was not listed in the Zoning Schedule of Use Control. The Enterprise employee did not seem surprised at the requirement of the conditional use permit and understood the issues of landscaping, signage, etc., related to the use. On May 24, 2000, the owner of the property, Tim Bevers, came in to the Planning & Zoning Department and reiterated the request; Mr. Bevers was also told that a conditional use permit would be required. The following morning, Mr. Bevers again dropped in our office, stated that he had read our ordinance and determined that the rental car facility was permitted because it was a storage facility and sales office. I informed him that, while he was welcome to his point of view, my determination still stood and that he was welcome to file an appeal of my decision to be heard by the City Council. The appellant was informed that, due to the fact that the use is not listed as a permitted use, a conditional use permit would be required. Following is an excerpt from the Meridian Zoning and Development Ordinance: "11-6-4: USES NOT SPECIFICALLY PERMITTED OR LISTED IN DISTRICTS 1. When a use is not specifically listed as a permitted use, such use shall be hereby expressly prohibited unless by application and authorization (as provided for under Conditional Use) it is determined that said use is similar to and compatible with listed permitted uses. Such uses may then be permitted as Conditional Uses." Based on the Ordinance, I respectfully request that the appeal be denied. To: The Meridian City Council From: Dan Adams Date: May 26, 2000 Re: Proposed property lease JUN - 6 7000 CITY OF MERIDIAN , �, ff. J e I The purpose of this letter is to outline the intent of the property use for Enterprise Rent -A Car at 613 S. Meridian Road. Enterprise is entering into a lease agreement with the owner of the property. Our business is one of rental cars and here are the following uses of the property: • Office space to conduct rental transactions • Storage for our vehicles when they are not being rented behind fenced building Enterprise Rent-A-Car does have a dealer license in order to be able to sell our inventory after we are finished renting the vehicle. We do not currently have a retail car sales lot in the state of Idaho and do not plan on having one. 99% of our inventory is sold at the auctions in the state of Idaho. The last 1% is sold to our customers directly out of our Boise operation. The back of the property will be used simply to store rental vehicles. Here are some other factors to consider: • Less than 10% of our rentals our "walk up" business • We feel we can utilize 50 rental vehicles in the Meridian market at a 90% utilization ratio • No more than 20 vehicles would ever be sitting behind the property at one time If you have any further questions or need clarification about our business, please contact me directly at 208) 863-9549. Respectfully, ENTEPRISE RENT -A -CAR Dan Adams City Manager 2500 Overland Rd. Boise, Idaho 83705 (208) 433-1909 Fax (208) 345-9936 N CL cl ID ID p rn q7 m fD W N a c ry ro O au D) r H n r < < (D M� n H H row r a rR �+ '� 0 o m d Oen r•�H n n r, 0 H 9 n tin Fa.,( cD n a :I :jr• F, m ;t r a r 9 N 0n rt 0 fD H IDI CL" a x i h 1D rat cro N• a°' e h w C1 C, a N} CL N ro 0 rt � K 0 0 IroD M naa,tr n�"�rt� G ID C Q] a 0 CLCt r S n M m rt n N rro w a 0 ryaFA xmrD",o� N rt N y I "' i s LC rt ° H o H r r N r• O H ID .N a rt a o fD � r �• 0 a rt 0 N rt m rn a< '(0 N h. ct rt rt U)r 0 rn H ".5 M N r O H (D f'• :zM y r 'C7 NW 'tr1 :7a H H a C .roft 0 r a N N "~ W G 0 y u ID H ID H N m �� N c• N• p C noon fD �rort:a r• � N r r c r• a r 0 a r o rt ro 0 r ro M ]• P. 0 P-0 0 r �� �< I a H a I � �• M a 11-2-2 11-2-2 PLANNED Any development which is predominantly RESIDENTIAL residential including those accessory purposes DEVELOPMENT customarily relating to residential uses with the (PD -R): balance of such area, if any, being intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants. POULTRY All establishments maintained for the SLAUGHTERHOUSE slaughtering of poultry or preparing or AND/OR POULTRY processing of poultry products for human PACKING PLANT consumption in any farm and wherein said (COMMERCIAL): products are so prepared for sale to the retail outlets. PROFESSIONAL Structures where those engaged in a profession OFFICES: conduct their business and activity. PUBLIC NOTICES: The notice given by the City of Meridian or the applicant, which is required, which provides notice to the public and area residents around the area being considered that an application has been filed and that the City will be holding a hearing at a time certain and date certain and whereby the public and property owners will have an opportunity to submit their views and ideas and evidence as to the proposed development or zoning. PUBLIC SERVICE Buildings, power plants or substations, water FACILITY: storage tanks or reservoirs, public garages or storage areas, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures owned and/or operated by a public utility, railroad (whether publicly or privately owned), or a Municipal or other governmental agency. PUBLIC USES: Public parks, schools, administrative and cultural buildings, and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also City of Meridian u T m 3 m a C w CD n 11 O 7 _n O w c w CD �+ D � n m � y m A 3 fD CL D) U) D n n CD w U) O Q c y m v X n v CD w M m m c c c c T T ccKKcr w _� m r r w m w= grraa- W C j a y m>- > @ o o - n .gym. wo0. N 0 n nwN7=wm 0, mm i m ID 7 w Cw==c w "• a a 0 O w =rm CD=SD0 r 3 �' w na c ° 3 cD w 0 m �• y y o �_ m w ,.. o n ;2 CL 7C > Al .�. 0 C6 0 00,; 0 cu w 7 m= ^' 3 a m n w ° w a <�ww w SCD m oa U m 0 = w— m O: � v w m -°o°-'an C(D w O w Qw N w -CDvii w 2� n w 0 CD m< m w m 0. 7 CD w 0 o c w to El 3 fmD m w w v v m nn 00 -un v v v v 'OI :G)G)o-nm SD v- m r 1 D -. o = m 3 w _� m n Z O v o� n? m w= � W C j a y 3 m m p y m n .gym. M N :w -w n n o i m 7 0 m� n c y Ul =rm r 3 m O -� ° 3 m - 0 m = CD 000 m w O n N 0 .�. C6 0 00,; 0000 a O n nD0n v- Dn oD n � n n n n (7 n m 0000 n n L 0 Ul 0 0000 n D O -� U 0 � m 000 n n n C6 0 00,; 0000 n z v- n � n n n n (7 n 0 000 0 fn 0 -00 0 0000 n D O -� U 0 � m n-0 n - C6 F CD (D a C N (D 0 I O a O 7 C N (D n � D � u CD CD CL w N A O (D N N O C N (D v n v CD N to 7 CD (D 9 l tl l'v 0 n -00 -00 0 00 00 n 0 n 0 C7 C7 00 0000 C: -00 Z 010 Z n 0 0 0 0 'D 00 Z 0 0 C 0 Z nZ 7 07 (D CD 2 N S S =r0 j n fll cn ID ( ? n O 0 O O 3 O O � O c N i a o A? m m m U) 0 Co . O pD A) ,W A 7 0 m n N -n0 -(p0 ' NNc D N7 O CD " w w w 1Cto » .O. 2- O a _ o m' 10'g wo.m (D O v, m S :D - > a O O D c1 > rJ c n O N 3 ? � c O N c CD 0 7 .+ N C a - w l tl l'v 0 n -00 -00 0 00 00 n 0 n 0 C7 C7 00 0000 C: -00 Z 010 Z n 0 0 0 0 'D 00 Z 0 0 C 0 Z nZ 7 07 r D j C-) O 0 m 1 1 c m m m U) �7 C7 D r O =1 O V1 M n � O r C) O C) O Z U) o OC) (n C) 0 n O C) m n— 11-12-3 11-12-3 8. Will restore topsoil or loam to a depth of not less than four inches (4"). I. Gravel pits, rock quarries, sand and clay pits and other natural resources of commercial value: 1. The extent and method of rehabilitation shall be determined in advance of issuing a certificate of zoning compliance, with due consideration given to what is suitable and compatible with surrounding area; 2. Upon depletion of the area, all temporary buildings and structures (except property line fences and structures for the loading, measuring or weighing of salable material in storage) shall be entirely removed from the property; and 3. Safety fencing shall be erected around all pits that create a safety hazard. J. Outdoor storage of commercial and industrial materials: 1. Will be screened from view from any existing adjoining residence or residentially zoned area whether or not such property is separated by an alleyway or street; and 2. Will not be located in any front yard setback area. K. Riding stables and riding schools: 1. Will locate all stables or loafing sheds not nearer than one hundred feet (100') from any residence except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line; 2. Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers and the factors of noise and odor; and 3. Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance. i%. i; =''. City of Meridian r L � - `©\r` i 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 WM. F. GIGRAY, III STEPHEN L. PRUSS POST OFFICE BOX 1150 BRENT JOHNSON ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON TODD A. ROSSMAN TEL (208) 288-2499 WILLIAM A. MORROW DAVID M. SWARTLEY FAX (208) 288-2501 WILLIAM E NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE Email via Internet @ wfg@wppmg.com *ALSO ADMITTED IN OR **ALSO ADMITTED IN WA June 8, 2000 William G. Berg, Jr. Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: TIM BEVER APPEAL Dear Will: FEoEzv�D J U N 1 3 ?.000 CITY OF MERMAN NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE Regarding the above referenced matter, please find enclosed the original of the ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION AND ORDER OR REMAND, for the City Council meeting of June 20, 2000. If approved, please serve a certified copy of the ORDER upon the Applicant, Planning and Zoning, Public Works Department, and the City Attorney. If you have any questions please advise. Very truly yours, Wm. F. Nichols Enclosure msg/Z:\Work\Nl\Meridian 15360M\Bever Tim Appeal of P & Z Admin\C1erkOrderAppeal.ltr