HomeMy WebLinkAboutFindings HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
City Council Members CITY OF MERIDIAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON (208) 888-4433 • Fax (208) 887-4813
KEITH BIRD City Clerk Fax (208) 888-4218
MEMORANDUM:
To: Planning & Zoning Commission, Mayor and City Council
From: Bruce Freckleton, Assistant to City Engineer ~'~~
Shari Stiles, P&Z Administrator ~~
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 • Faz 887-1297
January 4, 2000
~EcEr`'Ei~
JAId 0 ~ 2000
City of Meridian
+City Clerk OfficF
Re: Request for Conditional Use Permit for Temporary Pazking and Product Storage by
Gary Bodily/Bodily RV
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council.
The property is located between Meridian Road and East First Street, north of Gem Avenue and
south of Franklin Road. The applicant proposes, due to the rapid growth of business and associated
repair activities, to utilize portions of adjacent properties for overflow parking and product storage.
These sites are currently being used by the applicant but were not approved as part ofthe conditional
use permit; this application has been submitted due to modification/expansion of the existing
conditional use permit.
A requirement of sales lots is that one-third of the sales lot area be dedicated for customer use. Non-
compliance with this ordinance may contribute to the fact that customer parking cannot be
accommodated on site.
Meridian Road and East First Street are designated as entryway corridors in the Meridian
Comprehensive Plan. Staff is concerned about the proposal to neither pave nor continue the
landscape on Meridian Road. If the conditional use permit has a time limit set of 12 to 18 months,
extensions should not be considered without the appropriate improvements being made.
GENERAL REQUIREMENTS:
1. No additional sewer or water service is proposed as part of this application, and none is
approved.
2. No additional signage is proposed as part of this application, and none is approved.
3. If temporary gravel pazking is approved, the access driveways should be paved their full
required width and at least 30 feet beyond the edge of pavement to prevent migration of
gravel onto the public roadway.
CUP-00-001 Bodily.CUP.doc
P&Z Convnission/Mayor & Council
January 4, 2000
Page 2
4. Wrecked vehicles shall not be visible from public rights-of--way.
5. Parking areas shall be used only for temporary overflow and employee parking. Long-term
customer RV storage is not approved as part of this conditional use permit.
6. The temporary conditional use permit shall be limited to 18 months and may not be transferred
to other tenants/owners.
CUP-00-0O1 Bodily.CUP.doc
i i~
MERIDIAN PLANNING & ZONING MEETING: January 12 2000
APPLICANT: GARY BODILY ITEM NUMBER: 11
REQUEST: CONDITIONAL USE FOR PROPOSED TEMPORARY PARKING AND PRODUCT STORAGE
QN ADJACENT LOTS ZONED C-G
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING & ZONING DEPT. SEE COMMENTS
CITY ATTORN EY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WASTE WATER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: ~~.
SETTLERS IRRIGATION: r~
IDAHO POWER: V
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
•
BEFORE THE PLANNING AND ZONING COMMISSION
GARY BODILY -BODILY RV
F E ~ - 2 2QD~
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR
TEMPORARY P.ARIQNG AND
PRODUCT STORAGE ON
ADJACENT LOTS ZONED C-G
Case No. CUP-00-001
CITY OF 1J~ !~i ~~~.~~~
Applicant
1. The property is located at 203 E. 1st Street, Meridian, Idaho.
2. The owners of record of the subject property are T ~ T Investments of
43 E. Fairview Ave., Meridian, and E. Coryell of 97 E. 1st Str., Meridian, Idaho.
3. Applicant is Gary Bodily, Bodily RV of Meridian.
4. The subject property is currently zoned General Retail and Service
Commercial (C-G). The zoning district of C-G is defined within the City of Meridian
Zoning and Development Ordinance, Section 11-7-2IC
5. The proposed application requests a conditional use permit for proposed
temporary parking and product storage on adjacent lots. The C-G zoning designation
within the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses including those requested by the
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- i ).
6. The Meridian Planning and Zoning Commission recognizes that the
RECOMMENDATION TO CITY
COUNCIL
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT -GARY BODILX BODILY RV -~-
TEMPORARY PARKING AND STORAGE
~ ~
proposed application is in compliance with the Meridian Comprehensive Plan.
~'. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the conditional use
permit as requested by the applicant, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1.1 No additional sewer or water service is proposed as part of this
application, and none is approved.
1.2 No additional signage is proposed as part of this application, and none is
approved.
1.3 If temporary gravel parking is approved, the access driveways should be
paved their full required width and at least 34 feet beyond the edge of
pavement to prevent migration of gravel onto the public roadway.
1.4 ~Vreclced vehicles shall not be visible form public rights-of-way.
1.5 Parking areas shall be used only for temporary overflow and employee
parking. Long-term customer RV storage is not approved as part of this
conditional use permit.
1.6 The temporary conditional use permit shall be limited to 18 months and
may not be transferred to other tenants/owners.
ey/Z:\Work\M\Meridian 15360M\Bodily RV CUP\CUPRec.wpd
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT -- GARY BODILY- BODILY RV -
TEMPORARY PARIQNG AND STORAGE
FEBRUARY 11, 2000
MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15, 2000
APPLICANT: GARY BODILY AGENDA ITEM NUMBER: 4
REQUEST: CONDITIONAL USE PERMIT FOR PROPOSED TEMPORARY PARKING AND PRODUCT STORAGE
ON ADJACENT LOTS ZONED C-G
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
SEE ATTACHED RECOMMENDATIONS
~W~~ c!~
~I
OTHER:
Materials presented at public meetings shall become properly of the City of Meridian.
~-~ ~2~1 C ct,r~ ~~~ _ ~"" "~ i5 Gt ~~X ~ ~ o-~{~ ~- ~ ~ C ac l
WxtTE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
hn.1EKLF1NFtscIO?R
Wsl. F. c~oRAY, m 200 EAST CARLTON AVBNUE
D. SAMI7II. 7ol~ISOrr POST OFFICE BOX 1150
Wna.lAtK A, MoRROa ~~
IDAHO 83680-1150
WII.LIAM F. IdICHOL9 >
CluusTOptme S. rIY~
PHU,>P A P&rntsoN T5L (208)28&2499
STT~Pt¢~rr L. Pltuss FAX (208) 288-2301
ERIC S. Ro$SMAN
Tong A. ROSSMAN
DAVID M. SwARTLSY
TmRgvc~R WwTS
E•Mwu.; ¢mst;,wppm~.oom
To: Staff/Applicant/Affected Property Owner(s)
Re: CUP-00-001
City Council Hearing Date: February l5, 2000
NAMPA OFFICE
104 NaaTH AvE•alal~ovrB
POST oFFH~ BOX 247
NAbIPA, IDAHO 83633-0247
TEI,. (20i) 466-92n
FAX (208) 466403
PLEAS'B REPLY TO
MERIDSAN oFFICE
`i~~_ ~
-- ~ .
.~~ ...
~ ~ ~ - 2 2fl~0
C~~~`~ ~~' I~'~a~ii~ii."~~
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION
Please note that these Findings and Recommendations of the Planning and Zoning
Commission shall be presented to the City Council at the public hearing on the above referenced
matter by the Planning and Zoning Administrator. Due to the volume of matters which the City
Council must decide, and to ensure your position is understood and clear, it is important to have
a consistent format by which matters are presented at the public hearings before the City Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and Recommendations
of the Planning and Zoning Commission, and be prepared to state your
position on this application by addressing the Findings and
Recommendations of the Planning and Zozung Commission; and
2. That you carefully complete (be sure it is legible) the Position Statement if
you disagree with the Findings and Recommendations of the Planning and
Zoning Commission. The Position Statement form for this application is
available at the City Clerk's office,
It is recommended that you prepare a Position Statement and deliver it to the City
Clerk prior to the heaxing, if possible. If that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
presented to the Mayor, Council, Planning and ZoxlingAdzninistrator, Public Works and the City
Attgrney. if you are a part of a group, it is strongly recommended that one Position Statement be
filled out for the group, which can be signed by the representative for the group.
Very truly yours,
City Attorne ' Office
Enclosure
~v/
MARCH 2, 2000
CUP 00-001
MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000
APPLICANT: GARY BODILY AGENDA ITEM NUMBER: ~~
REQUEST: FINDINGS/CONCLUSIONS -CUP FOR PROPOSED TEMPORARY PARKING AND PRODUCT
STORAG ON ADJACENT LOTS ZONED C-G FOR BODILY RV
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED FINDINGS
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE: ,,/~-~ r~
ADA COUNTY HIGHWAY DISTRICT: ~ ! ~
Y TREET NAME COMMITTEE: G~ ~
ADA COUNT S
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
~~~b-42ki (-fix ~~~-~o~~b) ~K~d 3C~'~°G 2t^-,
Fi~E cast
BEFORE THE MERIDIAN CITY COUNCIL
In The Matter of A
CONDITIONAL USE PERMIT
FOR TEMPORARY PARIQNG
AND PRODUCT STORAGE ON
ADJACENT LOTS ZONED C-G
GARY BODILY, BODILY R.V.
Case No. CUP-00-001
R,~CE~D
F E ~ 2 8 2000
CITY OF MERIDIAN
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on February 15, 2000, at the hour of 7:30 p.m., at Meridian City Hall,
33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, appeared on behalf of the City of Meridian, and Michael Vance, on behalf
of the Applicant, appeared and testified, and no one appeared in opposition, and the City
Council having duly considered the evidence and the record in this matter and the
Recommendations to City Council issued by the Planning and Zoning Commission who
conducted a public hearing and the Council having heard and taken oral and written
testimony, and having duly considered the matter, the City Council hereby makes the
following Findings of Fact, Conclusions of Law and Decision and Order to-~vit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for February 15,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) -
• •
2000, before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred (300') feet
of the external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one ~veelc before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
February 15, 2000, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit
of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report.
3. This proposed development request is in a (C-G), General Retail and Service
Commercial District, by reason of the provisions of the Meridian City Code § 11-17-4, a
public hearing was required before the City Council on this application.
4. The property is located at 203 E. First St., Meridian, Idaho.
5. The owners of record of the subject property are T&T Investments of
Meridian, and E. Coryell of Meridian.
6. Applicant is Gary Bodily, Bodily RV of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 2
i ~
7. The subject property is currently zoned General Retail and Service
Commercial (C-G). The zoning district of C-G is defined within the Meridian City Code
§ 11-7-2I~.
8. The proposed application requests a conditional use permit for proposed
temporary parking and product storage on adjacent lots. The C-G zoning designation
within the City of Meridian Zoning and Development Ordinance requires a conditional
use permit be obtained for most uses including those requested by the Applicant.
9. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
10. The Meridian City Council takes judicial notice of its Zoning, Subdivision
and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and
Maps and the Ordinance establishing the Impact Area Boundary.
11. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense upon
the public if the following conditions of development are imposed and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 3
~ i
11.1 No additional sewer or water service is proposed as part of this application,
and none is approved.
11.2 No additional signage is proposed as part of this application, and none is
~nroved.
11.3 I temporary gravel parking is approved, the access driveways should be
paved their full required width and at least 30 feet beyond the edge of
pavement to prevent migration of gravel onto the public roadway.
11.4 Wrecked vehicles shall not be visible form public rights-of-~vay.
11.5 Parking areas shall be used only for temporary overflow and employee
parking. Long-term customer RV storage is not approved as part of this
conditional use permit.
11.6 The temporary conditional use permit shall be limited to 18 months and
may not be transferred to other tenants/owners.
12. The proposed uses within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance because:
12.1 The subject property is designated on the "Generalized Land Use Map" as
"existing urban".
13. The uses proposed within the subject application subject to the conditions
herein ordered will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance or intended character of the general vicinity and that such
uses will not change the intended essential character of the same area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 4
•
14. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
15. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
16. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
17. The development will not result in the destruction, loss or damage of natural
or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use PlanningAct of 1975" hereinafter referred to for convenience as the "Act"
codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning and Zoning Commission may exercise all the powers
required and authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 5
•
the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and
XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development:
(§ 11-17-2, City of Meridian Zoning and Development Ord.):
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance;
c. Will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 6
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in a Medium High Density
Residential District (R-15), a public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the land under consideration for the conditional
use permit all in accordance with the provisions of Section 11-17-4 City of Meridian
Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Section 11-15,
Zoning Amendment Procedures, of this Ordinance. Provided, however, that
Conditional Use applications for land in Old Town and in Industrial and
Commercial Districts shall only be required to have one public hearing which shall
beheld before the Planning and Zoning Commission and after the recommendation
of the Commission is made the application shall go before the City Council without
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 7
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 11-17-6), City of Meridian Zoning and Development
Ordinance.)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 8
1. That the above named applicant is granted a conditional use permit for
temporary parking and product storage on adjacent lots zoned C-G, subject
to the following conditions of use and development:
1.1 No additional sewer or water service is proposed as part of this application,
and none is approved.
1.2 No additional signage is proposed as part of this application, and none is
approved.
1.3 Temporary gravel parking is approved, but, the access driveways shall be
paved their full required width and at least 30 feet beyond the edge of
pavement to prevent migration of gravel onto the public roadway.
1.4 Wrecked vehicles shall not be visible from public rights-of-way.
1.5 Parking areas shall be used only for temporary overflow and employee
parking. Long-term customer RV storage is not approved as part of this
conditional use permit.
1.6 The temporary conditional use permit shall be limited to 18 months and
may not be transferred to other tenants/owners.
2. The conditions shall be reviewable by the Commission pursuant to Meridian
City Code § 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerlc and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 9
•
then a copy served by the Cleric upon the applicant, the Planning and Zoning
Department, the Public Works. Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person ~vho has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held February 15, 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED
COUNCILPERSON KEITH BIRD VOTED L't.._
COUNCILMAN TAMMY deWEERD VOTED G
COUNCILMAN CHERIE McCANDLESS VOTED G ~-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~ -7- ~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - I O
MOTION:
APPROVE DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
By: /~~% Dated: ~- ~ ~~~
City Cleric
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-00-001) - 11
FILE COPY
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08-08-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR THE
ESTABLISHMENT OF A NEW
RECREATIONAL VEHICLE
SALE LOT IN A I-L ZONE
LOCATED ON THE
NORTHEAST CORNER OF S.
CINDER AND E. OVERLAND
ROAD, MERIDIAN, IDAHO
GARY BODILY,
APPLICANT
Case No. CUP-01-020
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on August 8, 2001, at the hour of 6:30 p.m., at Meridian
City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and
Zoning Administrator, and Gary Smith, Public Works Directors, both appeared and
testified, and appearing and testifying on behalf of the Applicant was Anna Powell,
and no one appeared in opposition, and the City Council having duly considered the
evidence and the record in this matter and the Recommendations to City Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-O1-020) 1
issued by the Planning and Zoning Commission who conducted a public hearing and
the Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for August 8,
2001, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having
been posted upon the property under consideration more than one week before said
hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the August 8, 2001, public hearing; and the
applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-O1-020) 2