HomeMy WebLinkAboutCecil Cherry & Sons CUP' Y
CECIL CHERRY & SONS
CONDITIONAL USE PERMIT
FOR LAUNDRAMAT
309 WEST CHERRY LANE
COMMENTS
1. Ada County Highway District: See Attached.
2. Central District Health: Approve with Central Water & Sewer:
3. City Engineer: See Attached:
9. Police Chief: See Attached:
5. Earl Ward, Sewer Supt.: Reassessment of Hookup Charges required, also
future expansion would require reevaluation: Sewer system adequate for
this usage.
6. Planning & Zoning Meeting held May 12, 1986, City Attorney instructed to
Prepare Findings of Fact. t I
7. Special Planning & Zoning Meeting held May 28, 1986, P&Z approved the
Findings of Fact and recommended that the City Council deny this applic-
ation for a Conditional Use Permit.
8. Nampa Meridian Irrigation: Lateral ditch along Cherry Lane to be protected,
All surface water has to be retained on site.
9. Two Letters that were submitted in opposition at P&Z Meeting Attached:
10. Petition submitted after P&Z Hearing in favor of this useage signed by
109 persons.
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OFFICIALS
JACK NIEMANN City Clerk
A.M KIESERT.Treasure,
BRUCE D. STUART. Water Works Supt
WAYNE G. CROOKSTON, JR., Attomev
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
ROY PORTER, Police Chief
GARY SMITH, City Engineer
May 29, 1986
• H1 F 01 TRE I URE 1 ",41 1 Fl •
A Gt.od Place to Live
CITY
OF MERIDIAN
COUNCILMEN
BILL BREWER
RONALD R TOLSMA
728 Meridian Street
J. E BERT MYERS
ROBERT GIESLER
MERIDIAN, IDAHO
63642
BOB SPENCER
Phone 888-4433
Chairman Zoning & Planning
GRANT P. KINGSFORD
Mayor
Cecil Cherry & Sons
1424 Meridian Street
Meridian, Idaho 83642
Subject: Request for Conditional Use Permit:
Dear Mr. Cherry,
At the Special Meridian PLanning & Zoning Meeting held
May 28, 1986, the Planning & Zoning Commission recommend-
ed to the Meridian City Council that your request for a
Conditional Use Permit be denied. We have published in
the Valley News for a Public Hearing before the Meridian
City Council on this request for June 16, 1986.
If it is your decision not to proceed any further with this
request, please advise.
Sincerely
,J apx-mignia
CiXy C erk
:/Mayor & Council
Attorney
File
% 1 0 •
P LAN L I Iv C o 2 0, ;11 1117_.'_ l c, 9&
Special Meeting of the Meridian P anr,ing & Zoning Commission called tc
order at 5:15 p.m. by Chairman Bob Spencer:
Members Present: Walt Morrow, Jim: Johnson, Jin. Shearer, Torr Cole:
Members Absent: Moe Alidjani:
Others Present: Dennis Kelly, Maria Azeveda, Jim Christie, Grant
Kingsford:
Item #1: Findings of Fact & Conclusions on Annexation & Zoning Request
by Ron Van Aucker.
Chairman Spencer, are there any comments or questions of the Commission
on these Findings? There was no response.
The Motion was made by Morrow and seconded by Shearer that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings
Of Fact and Conclusions as prepared on the Van Aucker request.
Motion Carried: Roll Call Vote: Cole, Yea: Shearer, Yea: Johnson, Yea:
Morrow, Yea:
The MOtion was made by Morrow and seconded by Cole that it is hereby
recommended to the City Council that this Petition for Annexation and
Zoning, should be conditionallyapproved, which conditions should be
investigated and discussed by the City Council.
Motion Carried: 7--_1 Yea:
Iters: $2: Findings of Fac_ and Conclusions or. Conditional Use Permit
-reques t by Ceci i Ch err r o Sons:
Chairman Spence_, are there any comments or cuestions of the Commission
on these Findinas. mere was nc response..
The Motion was made by Morrow and seconder. b%' Cole that the Meridian
Planning b Zoning Commission hereby adopts anc approves the Findings of
Fact and Conclusions as prepared on the Cecil Cherry & Sons request.
Motion Carried: Roll Call Vote: Morrow, Yea: Johnson, Yea: Shearer,
Yea: Cole, Yea:
The Motion was made by Morrow and seconded by Cole that the Meridian
Planning & Zoning Commission hereby recommends to the City Council of
the City of Meridian that they deny the Conditional Use Permit request-
ed by Cecil Cherry & Sons for the property described in the application.
Motion Carried: All Yea:
Item #3: Findings of Fact & Conclusions on Conditional Use Permit
request by Larry Bowen:
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CECIL CHERRY
CONDITIONAL USE PERMIT
303 W. CHERRY LANE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
May 12, 1986, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, 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 said public hearing scheduled for May 12, 1986, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the May 12, 1986 hearing;-
that
earing;-that the public was given full opportunity to express comments
and submit evidence; and that copies of all notices were made
available to newspaper, radio and television stations;
2. That this property is located within the City of
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888-4481
0
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P& Box 427
Meridian, hiaho
ON42
Telephone 8884461
•
•
Meridian and is owned by the applicant, Cecil Cherry, and is
described in the application which description is incorporated
herein the property is known as 303 W. Cherry Lane;
3. That the property is located in "L-0" Limited Office
district, which requires a conditional use permit for the
operation of a laundromat which is the use the application
requests; that the Applicant indicated his proposal is to have a
"manned" laundromat which person would do other peoples' laundry
and would also be an attendant to keep the business clean and
orderly.
4. That the "L -O", Limited Office district is described
in the Zoning Ordinance, 11-2-408 B. 5 as follows:
(L-0) Limited Office District: The purpose of the (L-0)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this district. The L-0
District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer System of the City of Meridian is
a requirement in this district.
5. That a self-service laundromat is an allowed
conditional use in the limited office district; that commercial
laundries are not either a principal permitted use or an allowed
conditional use in the limited office district.
6. That the building within which the laundromat would be
AMBROSE,
FITZGERALD
dCROOKSTON
Attorneys and
Oounwlon
P.O. Box 427
Morldlan, Who
$3542
Telephone 585 4151
e
situated has an orthodontist office and a dentist office on
either side of where the laundromat would be located.
7. That the property to the west is a chiropractors
office and single-family dwellings; the property to the east is a
church; the property to the south is vacant land which is owned
by the Applicant and was initially proposed to be developed as
office space; the properties to the north across Cherry Lane are
mobile home courts.
8. That a proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed;
9. That several people appeared at the hearing objecting
to the use of the property as a laundromat; one was the
chiropractor, who owns adjacent property and two others were
tenants in the subject building, both whom felt the use would be
incompatible with their uses;
10. That the property is presently used for office
purposes; one tenant being an orthodontist and the other tenant
being a dentist;
11. That the Chief of Police submitted written comment
which indicated a possible pedestrian traffic and safety problem
with residents of the mobile homes on Cherry Lane crossing Cherry
Lane without the benefit of a control light.
CONCLUSIONS
1. That all the procedural requirements of the Local
3
Y��AY
AMBROSE,
FITZGERALD
dCROOKSTON
Attorneys and
Oounwlon
P.O. Box 427
Morldlan, Who
$3542
Telephone 585 4151
e
situated has an orthodontist office and a dentist office on
either side of where the laundromat would be located.
7. That the property to the west is a chiropractors
office and single-family dwellings; the property to the east is a
church; the property to the south is vacant land which is owned
by the Applicant and was initially proposed to be developed as
office space; the properties to the north across Cherry Lane are
mobile home courts.
8. That a proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed;
9. That several people appeared at the hearing objecting
to the use of the property as a laundromat; one was the
chiropractor, who owns adjacent property and two others were
tenants in the subject building, both whom felt the use would be
incompatible with their uses;
10. That the property is presently used for office
purposes; one tenant being an orthodontist and the other tenant
being a dentist;
11. That the Chief of Police submitted written comment
which indicated a possible pedestrian traffic and safety problem
with residents of the mobile homes on Cherry Lane crossing Cherry
Lane without the benefit of a control light.
CONCLUSIONS
1. That all the procedural requirements of the Local
AMBROBE,
FnuERALD
BCROOKSTON
Anorm" end
Couneelon
P.O. Box 427
McNdlan, Idaho
03042
Telephone 0084401
0 •
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 and having obtained the consent of 75% of the 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, Idaho;
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 conditions of the area, the Planning and Zoning
Commission specifically concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance.
AMBROBE,
FMUERALD
&CROOKBTON
ANomays and
Counwlms
P.O. Box 127
Meridian, Idaho
$3012
Telephone 888 101
b.
c.
d.
e.
f.
9•
The use would be harmonious with and in accordance
with the Comprehensive Plan but the Zoning ordinance
requires a conditional use permit to allow the use.
The use apparently would be designed and constructed,
to be harmonious in appearance with the intended
character of the,general vicinity such being
designated as limited office but the operation and
and maintenance of a laundromat adjacent to dental
offices could be inharmonious and incompatible.
That the use would not be hazardous but could be
disturbing to existing or future neighboring uses
such as the existing orthodontic, dental, and
chiropratic uses.
The property is already connected to sewer and
water line.
The use would not create excessive additional
requirements at public cost for public facilities and
services and no conclusion is made whether the use
would be detrimental to the economic welfare of the
community.
The use could, and likely would, 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.
,� c
h. The parking for the property and the proposed use
apparently would be adequate.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. The possible, and desired, pedestrian traffic from the
mobile home park, without a crosswalk control signal, is not
desireable.
6. The fact that the use could be defined as a commercial
laundry, which is not a principal permitted use or an allowed
conditional use weighs against the application.
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8881461
0
3
0
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 Morrow
Commissioner Alidjani
Commissioner Johnson
Commissioner Shearer
Commissioner Cole
Chairman Spencer (Tie Breaker)
Vote
Vote
Voted'
Vote
Voted /0
Voted
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
deny the Conditional Use Permit requested by the Applicant for
the property described in the application.
MOTION:
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone BBB -4481
APPROVED:
DISAPPROVED:
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MERIDIAN PLANNING & ZCWG O
MAY 12, 1986
PAGE # 4
There were no questions of Mr. Kelly.
Spencer, is there anyone else present who wishes to testify on this
request? There was no response. The Public Hearing was closed.
The Motion was made by Morrow and seconded by Cole to have the City
Attorney prepare Findings of Fact and Conclusions and that these
Findings show a postive recommendation to the City Council on this
request.
Motion Carried: All Yea:
Item #4: Request for Conditional Use Permit by Cherry & Sons:
Chairman Spencer, is there anyone present representing this request?
Mr. Kim Cherry, 1524 Meridian Street, Mr. Cherry was sworn by Spencer:
Cherry, we own the property between 3rd & 4th Street off of Cherry Lane,
we have a professional office building on this property that was built
in 1979, in that building there are three offices, at one end is Dr.
Tingy and the other is Dr. Brady, the center office space is approx-
imately 1600 square feet and we have had considerable problems keeping
the space rented over the past five years. What we propose at this
hearing is a Conditional Use Permit to allow a public laundromat in
that space. One reason for this is we have concern for the amount of
professional office space that is presently vacant and the amount that
is being constructed. We feel that this would be a good location for
a facility of this type. We did not have any opposition from the resid-
ents in the area. We realize the tenants on both sides of this are
concerned the effect this will have on their business. Our concern is
that this be a positive venture for them as well as for us. The laund-
romat would be manned during all operating hours, six days a week
Monday through Saturday, hours 7:00 a.m. to 10:00 p.m something in
that order. Basically that is all I have to say is there any questions?
Johnson, is this a list of people within 300 hundred feet?
Cherry, yes this is all the property owners -E;7ithin the 300 foot
requirement of the Conditional Use Permit. I might mention I received
the comment sheets that were submitted, the requirements by the Ada
County Highway District, one of the things they had mentioned was
to provide curb gutter & paving on West 4th Street, that is not
adjacent to this property, I talked to Jon Thompson and there is
a misunderstanding there, he thought that the property on the corner
was going to be developed.,as far as that requirement we would request
that this be waived.
Spencer, at this time I will enter into the record two letters, one
from Terrell Tingy and the other from Rodney Brady both in opposition
to this request.
Terry Tingy, 303 West Cherry Lane, Mr. Tingy was sworn by Spencer:
Tingy, I have my Orthodonist Office in this building, I purchased
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MEs:IDIAN P & Z
MAY 12, 1986
PAGE # 5.
the practice from Dr. Packard in 1982 who had been in this building
since it was built. I finished the original term of the lease which
was six years, during that time we paid for leasehold improvements
which approached $20,000.00. I would like to go on record as opposing
a laundromat immediately adjacent to my office on the grounds that it-
is contrary to my views on how I want to appear or project my image
to the community. A professional office which delivers health care
seeks a place of business where traffic is more subdued and calmer
than commercial environments and where people have the feeling of
privacy to receive the treatment I provide. I object to the late
hours and the accompanying noise when it comes to a laundromat and
feel it would be unfair if I was forced to endure such an encroach-
ment upon my professional privacy and if that were so it would be
very costly for me to move and relocate my practice.
Alidjani, what are your hours?
Tingey,8;00 a.m. to 5:00 p.m. basically.
Cole, while you have been there has the whole building complex been
full at one time?
Tingey,there three units, the middle unit has been virtually vacant
most of the time.
Cole, when there was something in all three offices was the parking
adequate?
Tingey,Yes, it has been.
Alidjani, then the middle building is where the laundromat is going
to go?
Tingey, that is my understanding.
Dr. Barry Sams, 403 Cherry Lane, Dr. Sams was sworn by Spencer.
Sams, Mr. Cherry came to me a couple of weeks ago and informed me of
his plan to put a laundromat in his building, this happened approx-
imately four years ago also and I was very concerned at that time
because that is where I wanted to establish my practice at 403 Cherry
Lane and I was concerned as to what it might do to property values
and the late hours and the same concerns that Dr. Tingey has already
expressed.I entered a objection at that time and then it did not go
any further. Mr. Cherry came to me again this year and I did sign
that as far as I was concerned it was ok and it was my understanding
that both Dr. Tingey and Dr. Brady were satisfied. Since that time
I have been thinking about a great deal and have put myself in their
place and I know that I would feel the very same way that they do, I
would also want to relocate, again patients are very sensitive about
where they are coming to for a service and about the hours and the
people around there. Mr. Cherry has tried to give as much as a
guarantee as would be humanly possible to establish the type of
criteria we would want in terms of hours but there is no guarantee
there is no guarantee of the place being kept up or of the place be-
ing sold, so there are no guarantees as far as I am concerned, as
MERIDIAN P & Z
MAY 12, 1986
PAGE' # 6
r
much as he would like to give me those guarantees. I would like it
to show on the records that I am also opposed to having a laundromat
there.
Spencer is there anyone else present who wishes to testify? There
was no response, The Public Hearing was closed.Any questions of the
Commission?
Morrow, Mr. Cherry what did you want to say?
Cherry, first of all I hope I did not represent to Dr. Sams that we
had the support of Dr. Tingey and Dr. Brady. One of the things that
prompted us to go ahead with this was that Dr. Tingey was unwilling
to renew a six year lease.The concern was as to what the property
was going to do or how it was going to develop. We have tried at times
to market the property, in fact we even approached both Dr. Tingey and
Dr. Brady. We are concerned about the property being on a break-even
basis. I understand the concerns they have as professional people.
Alidjani, did you at any time when you were leasing the property to
them either verbally or in writing promise them what could or could
not go into the middle section?
Cherry, no, other then the zoning that was orginally requested.
Morrow, there appears to be extra land here, is this building the
first phase of a professional comples?
Cherry, we had six building approved to go in there.
Morrow, one of the comments of the Police Chief was that they were
concerned about pedestrian traffic in a full four lane street, the
pedestrian coming back and forth across that to the laundromat from
the Mobile Home Park, have you figured this impact?
Cherry, I guess the thing I would say is that you do not see a lot of
people packing all that laundry, you see them putting it in the car
and driving to the laundromat. I don't feel there would be any more
foot traffic than there is now.
Spencer, have you read the City Engineers comments?
Cherry, yes, I have and I have talked to the Engineer about those.
The Motion was made by Alidjani and seconded by Cole to have the
City Attorney prepare Findings of Fact and Conclusions on this
request:
Motion Carried: Morrow; Nay: Alidjani, Yea: Johnson, Nay: Shearer;
Yea: Cole; Yea:
Item #5: Public Hearing: Conditional Use Permit for Larry Bowen:
Chairman Spencer, is there anyone present to represent this request?
Larry Bowen, 205 W. 5th, Emmett, Mr. Bowen was sworn by Spencer:
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May 12, 1986
RODNEY D. BRADY. D.D.S.
313 WEST CHERRY LANE
MERIDIAN. IDAHO 83642
TELEPHONE (208) 888-7888
Meridian Planning & Zoning Commission
728 No. Meridian
Meridian, Idaho 83642
Dear Sirs:
•
I presently lease office space at 313 W. Cherry Lane in a pro-
fessional office building, owned by Cecil Cherry and Sons. To
this point in time, the Cherry's have been good landlords and
the building has served well for my purposes, that being a
dental practice. I believe the building enhances the surround-
ing community and fits well into the present zoning of light
office, which I believe is correct for this area.
I am presently opposed to the proposal to change the zoning of
the building or area to commercial or anything other than what
it is at this time. I do not believe commercial zoning would
be in the best interests of the neighborhood,or surrounding
professional businesses and churches.
Sincerely,
I-- . vte,
RODNEY D. BRADY D.D.S.
RDB/mr
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t ' • e •
CECIL CHERRY & SONS
CONDITIONAL USE PERMIT
FOR LAUNDRAMAT
309 WEST CHERRY LANE
COMMENTS
1. Ada County Highway District: See Attached.
2. Central District Health: Approve with Central Water & Sewer:
3. City Engineer: See Attached:
4. Police Chief: See Attached:
5. Earl Ward, Sewer Supt.: Reassessment of Hookup Charges required, also
future expansion would require reevaluation: Sewer system adequate for
this usage.
6. Planning & Zoning Meeting held May 12, 1986, City Attorney instructed to
Prepare Findings of Fact.
7. Special Planning & Zoning Meeting held May 28, 1986, P&Z approved the
Findings of Fact and recommended that the City Council deny this applic-
ation for a Conditional Use Permit.
8. Nampa Meridian Irrigation: Lateral ditch along Cherry Lane to be protected,
All surface water has to be retained on site.
ADA COUNPY HIGHWAYtISTRICT
318 EAST 37TH STREET
BOISE, IDAHO 83714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: May 1, 1986
From:
Development Services
Subject: MERIDIAN CONDITIONAL USE - CHERRY LANE & WEST FOURTH LAUNDRY MAT
FACTS & FINDINGS:
1. To construct a laundry mat on the southeast corner of Cherry Lane and
West Fourth Street.
2. Cherry Lane is under construction. Access is to be as shown on plans.
3. West Fourth Street has 30 -feet of right-of-way west of centerline and no
right-of-way east of centerline, 30 -feet of right-of-way is required, and
is improved with 26 -feet of pavement and curb, gutter and 4 -foot sidewalk
on the west side of the street.
SITE SPECIFIC REQUIREMENTS:
:
I. Provide by dedication 30 -feet of right-of-way from the centerline of West
Fourth abutting parcel.
2. Provide curb, gutter, 4 -foot sidewalk, and matching paving on West Fourth
abutting parcel.
3. Provide pedestrian ramp on the corner of Cherry Lane and West Fourth, in
accordance with Idaho Code, Section 40-1335.
4. Contact all utilities concerning services, as no street cuts will be
allowed for a period of five years.
STANDARD REQUIREMENTS:
1. Improvements to the dedicated right-of-way to be designed and constructed
to ACRD standards and specifications.
2. Submit a site drainage plan showing that site drainage will not flow onto
Ada County Highway District right-of-way, in accordance with Boise City
Code 11-3-54 (A) Vere applicable - and ACHD policy.
3. Any work within ACRD right-of-way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 344-6111, extension 430. CU, DR, or PDC file number required.
POLICY IMPLICATIONS:
I. Requirements are made to Meridian Planning & Zoning Commission as
condition for compliance.
SIGNATURE OF STAFF SUBMITTING:
Jon D. Thompson
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Sincere!,-.,,
Kim TT. Cherri,T
Cecil Cherr;,- L Sons
PRINTED NAME
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City of Mer.:c3ian
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Ada County, Idaho
ORDINANCE 466
VERBAL TESTIMONY of SPEAKERS at PUBLIC HEARING
SING -UP SHEET
EVERYONE MUST SIGN THIS SHEET IF THEY WISH TO SPEAK!
SIGNED NAME RESIDENTIAL ADDRESS
TO SPEAK
m in
AMBROSE,
FITZGERALD
5 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83542
Telephone 885-4481
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CECIL CHERRY
CONDITIONAL USE PERMIT
303 W. CHERRY LANE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
May 12, 1986, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, 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 said public hearing scheduled for May 12, 1986, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the May 12, 1986 hearing;
that the public was given full opportunity to express comments
and submit evidence; and that copies of all notices were made
available to newspaper, radio and television stations;
2. That this property is located within the City of
Meridian and is owned by the applicant, Cecil Cherry, and is
described in the application which description is incorporated
herein the property is known as 303 W. Cherry Lane;
3. That the property is located in "L-0" Limited Office
district, which requires a conditional use permit for the
operation of a laundromat which is the use the application
requests; that the Applicant indicated his proposal is to have a
"manned" laundromat which person would do other peoples' laundry
and would also be an attendant to keep the business clean and
orderly.
4. That the "L-O", Limited Office district is described
in the Zoning Ordinance, 11-2-408 B. 5 as follows:
(L-0) Limited Office District: The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this district. The L-0
District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer System of the City of Meridian is
a requirement in this district.
i
5. That a self-service laundromat is an allowed
conditional use in the limited office district; that commercial
laundries are not either a principal permitted use or an allowed
AMBROSE, conditional use in the limited office district.
FITZOERALD
& CROOWON
6. That the building within which the laundromat would be
Attomays and
Counaalon
P.O. Box 427
Marldlan, Idaho
83!42
ToWphonstiB8d4eI
AMBROSE,
FITZGERALD
OCROOKSTON
Ariomayaand
COYRNIOR
P.O. Box 427
McNdIm, Idaho
63042
Talaphom 66&1/01
0 i
situated has an orthodontist office and a dentist office on
either side of where the laundromat would be located.
7. That the property to the west is a chiropractors
office and single-family dwellings; the property to the east is a
church; the property to the south is vacant land which is owned
by the Applicant and was initially proposed to be developed as
office space; the properties to the north across Cherry Lane are
mobile home courts.
8. That a proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed;
9. That several people appeared at the hearing objecting
to the use of the property as a laundromat; one was the
chiropractor, who owns adjacent property and two others were
tenants in the subject building, both whom felt the use would be
incompatible with their uses;
10. That the property is presently used for office
purposes; one tenant being an orthodontist and the other tenant
being a dentist;
11. That the Chief of Police submitted written comment
which indicated a possible pedestrian traffic and safety problem
with residents of the mobile homes on Cherry Lane crossing Cherry
Lane without the benefit of a control light.
CONCLUSIONS
1. That all the procedural requirements of the Local
AMBROSE,
FMERALD
al, CROOKSTON
Attomep end
Counseloni
P.O. Box 427
McNdlen,83542
Idaho
Telephone BB3 461
0 •
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 and having obtained the consent of 75% of the 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, Idaho;
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 conditions of the area, the Planning and Zoning
Commission specifically concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance.
b. The use would 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 such being
designated as limited office but the operation and
and maintenance of a laundromat adjacent to dental
offices could be inharmonious and incompatible.
d. That the use would not be hazardous but could be
disturbing to existing or future neighboring uses
such as the existing orthodontic, dental, and
chiropratic uses.
e. The property is already connected to sewer and
water line.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and no conclusion is made whether the use
would be detrimental to the economic welfare of the
community.
g. The use could, and likely would, involve a use,
activity, process, material, equipment or
conditions of operation that would be detrimental to
FlnaEF"
person, property or the general welfare by reason of
A CWOWON
excessive production of traffic or noise.
Attorneye and
counselors
P.O. Box 471
Meridian, Idaho
tl3l42
Telephone
0
0
h. The parking for the property and the proposed use
apparently would be adequate.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. The possible, and desired, pedestrian traffic from the
mobile home park, without a crosswalk control signal, is not
desireable.
6. The fact that the use could be defined as a commercial
laundry, which is not a principal permitted use or an allowed
conditional use weighs against the application.
AMBROSE.
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
0
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 Morrow Vote k
Commissioner Alidjani Vote
Commissioner Johnson Vote
/ �10
Commissioner Shearer Vote&K
Commissioner Cole
r
Chairman Spencer (Tie Breaker) Voted
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
deny the Conditional Use Permit requested by the Applicant for
the property described in the application.
MOTION°
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888401
APPROVED AAI qtq DISAPPROVED :
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CECIL CHERRY & SONS
CONDITIONAL USE PERMIT
FOR LAUNDRAMAT
309 WEST CHERRY LANE
COMMENTS
1. Ada County Highway District: See Attached.
2. Central District Health: Approve with Central Water & Sewer:
3. City Engineer: See Attached:
4. Police Chief: See Attached:
5. Earl Ward, Sewer Supt.: Reassessment of Hookup Charges required, also
future expansion would require reevaluation: Sewer system adequate for
this usage.
e
ADA COUNTY HIGHWAY DISTRICT
318 EAST 37TH STREET
BOISE, IDAHO 83714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: May 1, 1986
From:
Development Services
Subject: MERIDIAN CONDITIONAL USE - CHERRY LANE & WEST FOURTH LAUNDRY MAT
FACTS & FINDINGS:
1. To construct a laundry mat on the southeast corner of Cherry Lane and
West Fourth Street.
2. Cherry Lane is under construction. Access is to be as shown on plans.
3. West Fourth Street has 30 -feet of right-of-way west of centerline and no
right-of-way east of centerline, 30 -feet of right-of-way is required, and
is improved with 26 -feet of pavement and curb, gutter and 4 -foot sidewalk
on the west side of the street.
SITE SPECIFIC REQUIREMENTS:
1. Provide by dedication 30 -feet of right-of-way from the centerline of West
Fourth abutting parcel.
2. Provide curb, gutter, 4 -foot sidewalk, and matching paving on West Fourth
abutting parcel.
3. Provide pedestrian ramp on the corner of Cherry Lane and West Fourth, in
accordance with Idaho Code, Section 40-1335.
4. Contact all utilities concerning services, as no street cuts will be
allowed for a period of five years.
STANDARD REQUIREMENTS:
1. Improvements to the dedicated right-of-way to be designed and constructed
to ACHD standards and specifications.
2. Submit a site drainage plan showing that site drainage will not flow onto
Ada County Highway District right-of-way, in accordance with Boise City
Code 11-3-54 (A) Where applicable - and ACHD policy.
3. Any work within ACHD right-of-way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 344-6111, extension 430. CU, DR, or PDC file number required.
POLICY IMPLICATIONS:
1. Requirements are made to Meridian Planning & Zoning Commission as
condition for compliance.
SIGNATURE OF STAFF SUBMITTING:
Jon D. Thompson
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ONTRAL DISTRICT HEALTH DEPARTMES
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Return to:
Boise
Rezone # Eagle
Conditional Use #
Preliminary/Final/Short Plat Kuna
ACZ
1. _ 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. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava)
from original grade before we can comment concerning individual sewage disposal.
6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
7. We can approve this proposal for:
Central sewage _Interim sewage _Individual sewage _ Comn-mi.y sewage system
and Central water Individual water _ Com unity water well.
8. Plans for aCentral sewage _Community sewage system _Sewage dry lines, and
Central water _Community water must be submitted to and approved by the Regional
Health and Welfare Environmental Services Field Office.
9. _ Street runoff is not to create a mosquito breeding problem.
10. _ This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage
establishment)(swinufmg pools or spas)(grocery store).
13.
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PETITION REQUIREMENTS:
1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address,
Telephone and Date.
2. Supply 20 copies of all required material.
3. Three-fourths (75%) of those persons owning property within 300eet
must agree to this Conditional Use before the proposed use will be conside ed.
WE THE UNDERSIGNED DO NOT OBJECT
To
SING THE
LOCATED ATj O q )At `%te�-e{ /G'1� , MERIDIAN, FOR THE PURPOSE OF
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r_ 0 0
MERIDIAN CITY COUNCIL
FEBRUARY 2, 1987
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p,m.:
Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Moe Alidjani, Kenny Bowers, Kevin Robertson, Bob
Wherry, Miriam Barr, Wayne Crookston, Terry Tingy, Rod Brady,
Cecil Cherry:
4
The Motion was made by Tolsma and seconded by Myers to approve the
Minutes of the previous meeting held January 19, 1987 as written:
Motion Carried: All Yea:
Item #1: Findings of Fact and Conclusions on Conditional Use Permit
Application for Cecil Cherry & Sons:
Mayor Kingsford, does the Council have any questions or comments?
Tolsma, Mr.Cherry are you still proceeding? If we approve this tonite
when do you plan on having this in operation?
Cherry, Yes, it will probably take two to three months.
Giesler, I have a problem with this, I feel we are doing a disservice
to the Professionals that are in this building, it is a professional
center, and they did move in there with the understanding it was a 01
professional center. I would rather keep it as it is until the day
they have decided to move out or whatever they intend to do, I know
there is talk of that and when they do I would have no problem with
this request.
Brewer, I have a brief comment, this has been a long drawn out thing
for several years, I have come to the conclusion that Dr. Tingy is
the more solid lesse of the two, I have been given the impression
that Dr. Brady has been searching elsewhere and I dont' believe he
is going to -be a permanent lessee. If mr. Cherry has taken -the time-- --
and money to come back again, I can't help but feel once in a while
that maybe a person should have the right to do what they want with
their own property. I guess in my own mind I am ready to let Mr.
Cherry do what he wants over there.
The Motion was made by Myers and seconded by Brewer that the Meridian
City Council hereby adopts and approves the Findings of Fact and
Conclusions as prepared by the City Attorney on the application for
a Conditional Use Permit by Cecil Cherry.
Motion Carried: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Nay:
The Motion was made by Myers and seconded by Brewer that the City
Council of the City of Meridian hereby approves the Conditional Use
:jLZRIDIAN CITY COUNCI�
FEBRUARY 2, 1987
PAGE # 2
Eli
Permit requested by the Applicant for the property described in the
application subject to compliance with all City Ordinances and Codes,
particularly, as they relate to sewer, water, building codes and fire
anel-life saftey codes and that a Building Permit has to be obtained
within one year from this approval date.
Motion Carried: Three (3) Yea: One (1) Nay:
Item #2: Pre -Termination Hearing: Water/Sewer/Trash Delinquencies:
Mayor Kingsford, You have been informed in writing, if you choose to,
you have the right to a pre -termination hearing before the Mayor and
Council, to appear in person to be judged on facts and defe#d the
claim made by the City that your water, sewer and trash bill is
delinquent, You may retain Counsel. Is there anyone in the audience
who wishes a pre -termination hearing? There was no response. Due to
their failure to pay their water bill or to present any valid reason
why the bill has not been paid, their water shall be turned off on
February 10, 1987. In order to have their water turned back on, there
will be an additional fee of $10.00. They are hereby informed that
they may appeal or have the decision of the City reviewed by the Fourth
Judicial District Court, Pursuant to Idaho Code. Even though they appeal
the water will be shut off.
The Motion was made by Myers and seconded by Giesler to approve the
turn-off list:
Motion Carried: All Yea:
Mayor Kingsford, the amount of the delinquencies is $5,217.93:
Item #3: Approve the Bills:
The Motion was made by Myers and seconded by Tolsma to approve
payment of the bills:
Motion Carried: All Yea:
Department Reports:
Mayor Kingsford, the next meeting will be held on Tuesday February 17,
1987 due to Monday the 16th being a Holiday.
Mayor Kingsford read a Proclamation deblaring the week of February 8-14,
1987 as Vocational Education Week and urged the residents to support the
Vocational Education Week.
City Attorney, I petitioned the Court for Attorney Fees in the Amyz
matter and they granted a $4,000.00.plus some other costs.
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Boa 427
Meddlan, Idaho
83842
Telephone 8884481
BEFORE THE CITY COUNCIL OF THE
CITY OF MERIDIAN
CECIL CHERRY
CONDITIONAL USE PERMIT
303 W. CHERRY LANE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for initial public
hearing June 16, 1986, at the hour of 7:30 o'clock p.m., and
again on December 15, 1986, at the hour of 7:30 o'clock p.m., the
Petitioner appearing in person, the City Council 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 notices of the public hearings on the Conditional
Use Permit were published for two (2) consecutive weeks prior to
the public hearings scheduled for June 16, 1986 and December 15,
1986, the first publication of which was fifteen (15) days prior
to said hearing; that the matter was duly considered at the June
16, 1986 and December 15, 1986 hearings; that the public was
given full opportunity to express comments and submit evidence;
and that copies of all notices were made available to newspaper,
radio and television stations.
2. That this property is located within the City of
a ,
Meridian and is owned by the applicant, Cecil Cherry, and is
described in the application which description is incorporated
herein and the property is known by the address 303 W. Cherry
Lane;
3. That the property is located in a "L -O" Limited Office
district, which requires a conditional use permit for the
operation of a laundromat which is the use the application
requests; that the Applicant indicated his proposal is to have a
"manned" laundromat which person would do other peoples' laundry
and would also be an attendant to keep the business clean and
orderly; that the representations of the Applicant indicate the
operation would be more in the nature of a self-service
laundro-mat as oppossed to a commercial laundry.
4. That the "L -O", Limited Office district is described in
the Zoning Ordinance, 11-2-408 B. 5 as follows:
(L -O) Limited Office District: The purpose of the (L -O)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
,offensive to the overall purpose of this district. The L -O
District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer System of the City of Meridian is
a requirement in this district.
5. That a self-service laundromat is an allowed
AMBROSE,
FIMIERALD
&CROOKSTON conditional use in the limited office district; that commercial
Attomeye erul
Counselors
P.O. Box 42?
Meridian, Idaho
83842
Telephone 888-4481
A
AMBROSE.
FITZGERALD
& CROOKSTON
Attorneys and
Couneelors
P.O. Box 427
Mesidlan, Idaho
83842
Telephone 8854481
laundries are not either a principal permitted use or an allowed
conditional use in the limited office district;
6. That the building within which the laundromat would be
situated has an orthodontist office and a dentist office on
either side of where the laundromat would be located;
7. That the property to the west is a chiropractors office
and single-family dwellings; the property to the east is a
church; the property to the south is vacant land which is owned
by the Applicant and was initially proposed to be developed as
office space;.the properties to the north across Cherry Lane are
mobile home courts;
8. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission and
City Council have been given and followed; that after the first
City Council meeting held June 16, 1986, the Applicant indicated
a desire to withdraw his Application and no further action was
taken on the Application; that subsequently, on November 24,
1986, the Applicant submitted a request to withdraw the
withdrawal and proceed with the Application; that prior to
proceeding before the City Council on December 15,
1986, a
certified mailing of the Notice of Hearing was again mailed to
all property owners within 300 feet of the premises; additionally
Notice of Hearing was again published in the Valley News for two
consecutive weeks prior to the December 15, 1986, hearing;
9. That several poeple appeared at the initial City
AMBROSE,
FITZGERALD
6 CROOKSTON
Attomeye and
Couneelorn
P.O. Box 427
mandlan, Idaho
83842
Telephone 888448/
0 0
Council hearing objecting to the use of the property as a
laundromat; one was the chiropractor, who owns adjacent property
and two others were tenants, but not owners, in the subject
building, all three whom felt the use would be incompatible with
their own uses; that at the last Council hearing the Applicant
represented that the dentist and orthodontist would not be
renewing their leases in the building and would be moving; that
neither the chiropractor, dentist or orthodontist appeared at the
Council meeting December 15, 1986; that the Applicant filed the
requisite petitions indicating that 75% of the owners of property
within 300 feet of the premises had no objection to the proposed
conditional use;
10. That the Chief of Police submitted written comment
which indicated a possible pedestrian traffic and safety problem
with residents of the mobile homes on Cherry Lane crossing Cherry
Lane without the benefit of a control light.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
beer met including the mailing of notice to owners of property
within 300 feet of the external boundarie's.of the Applicant's
property and having obtained the consent of 75% of the 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
AMBROSE.
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Marldlan, Idaho
83642
Telephone 8884461
is
•
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, Idaho;
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 conditions of the area; the City Council
specifically concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance.
b. The use would 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 such being
designated as limited office but the operation and
maintenance of a laundromat adjacent to dental offices
could be inharmonious and incompatible but these uses
apparently will no longer be in the building.
d.
That the use would not be hazardous and would not be
disturbing to existing neighboring uses as the existing
orthodontic and dental uses will not be located there.
e.
The property is already connected to sewer and water
lines but the use will create additional sewer and
water requirements.
f.
The use would not create excessive additional
requirements at public cost for public facilities and
services and no conclusion is made whether the use
would 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.
The parking for the property and the proposed use
apparently would be adequate.
i.
The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
AMBROSE, 5.
Since the time of the Planning and Zoning commission
FITLOERALD
& CROOKSTON
Attorneys and
Couneelors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8881481
AMBROSE,
FITZGERALD
&CROOKSTON
Attomaya and
Counselore
P.O. Box 427
McNdlan, Idaho
83842
Telephone 8881481
• 0
Findings were made and since the time of the initial City Council
hearing, June 16, 1986, it has become apparent that two of the
major objectors, who were not even property owners, will be
vacating the premises; that the only remaining property owner in
the area who apparently still would object is the Chiropractor;
all other owners in the area apparently either consent to the use
or have no opinion.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
Councilman
Brewer
Voted 2
Councilman
Tolsma
Voted
Councilman
Myers
Voted vre y
Councilman
Geisler
Voted
Mayor Kingsford (Tie Breaker) Voted
f DECISION
The City Council of the City of Meridian hereby approves the
Conditional Use Permit requested by the Applicant for the
property described in the application subject to compliance with
all City Ordinances and codes, particularly, as they relate to
sewer, water, building codes and fire and life safety codes. --
SEE MINUTES FOR ADDITIONAL CONDITION:
0 •
MOTION
APPROVED: / IV cy DENIED:
AMBROSE,
FITZGERALD
A CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83012
Telephone 8884461
e e
BEFORE THE CITY COUNCIL OF THE
CITY OF MERIDIAN
CECIL CHERRY
CONDITIONAL USE PERMIT
303 W. CHERRY LANE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for initial public
hearing �une 16, 1986, at the hour of 7:30 o'clock p.m., and
P
again onDecember 15, 1986, at the hour of 7:30 o'clock p.m., the
Petitioner appearing in person, the City Council 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 notices of the public hearings on the Conditional
Use Permit were published for two (2) consecutive weeks prior to
the public hearings scheduled for June 16, 1986 and December 15,
1986, th6, first publication of which was fifteen (15) days prior
to said hearing; that the matter was duly considered at the June
16, 1986 land December 15, 1986 hearings; that the public was
9
given full opportunity to express comments and submit evidence;
and that copies of all notices were made available to newspaper,
radio and television stations.
wBROBE,
2. That this property is located within the City of
!TZOERALD
:ROOKBTON
:torrptye atro
3ounselm
.O. Box 427
aatan, Idaho
83642
l h ne &8841461
I�
AMBROSE,
FITZGERALD
sCROOKSTON
Attomsys and
Couftwors
P.O. Sox 127
Aorldlan, IdaW
B3S12
apttone 886401
Meridian and is owned by the applicant, Cecil Cherry, and is
described in the application which description is incorporated
herein and the property is known by the address 303 W. Cherry
Lane;
;. rhal the property is located in a "L -O" Limited Office
district, wh- ch requires a conditional use permit for the
operation or a laundromat which is the use the application
requests, that. tte Applicant indicated his proposal is to have a
"manned" laundromat which person would do other peoples' laundry
and would also be an attendant to keep the business clean and
orderly; that the representations of the Applicant indicate the
operation would be more in the nature of a self-service
laundro-r-mat as oppossed to a commercial laundry.
4. That the "L -O", Limited Office district is described in
the Zon ng Ordinance, 11-2-408 B. 5 as follows:
(L+O) Liriited Office District: The purpose of the (L-0)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this district. The L-0
District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
municipal Water and Sewer System of the City of Meridian is
a requirement in this district.
5.; That a self-service laundromat is an allowed
1
conditional use in the limited office district; that commercial
AMBROSE,
FITZGERALD
&cROOKSTON
Attorneys WW
counwon
P.O. Box 427
Aorlttlen, Idaho
83842
epnone 8884481
laundries are not either a principal permitted use or an allowed
conditional use in the limited office district;
6. That the building within which the laundromat would be
situated has an orthodontist office and a dentist office on
either side of where the laundromat would be located;
7.; That the property to the west is a chiropractors office
and single-family dwellings; the property to the east is a
church;�the property to the south is vacant land which is owned
by the Applicant and was initially proposed to be developed as
office space; the properties to the north across Cherry Lane are
mobile 4ome courts;
8. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission and
City Co ncil have been given and followed; that after the first
City Council meeting held June 16, 1986, the Applicant indicated•
a desire to withdraw his Application and no further action was
i
taken Un the Application; that subsequently, on November 24,
1986, the Applicant submitted a request to withdraw the
withdrawal and proceed with the Application; that prior to
proceeding before the City Council on December 15, 1986, a
certifi?d mailing of the Notice of Hearing was again mailed to
all property owners within 300 feet of the premises; additionally
Notice of Hearing was again published in the Valley News for two
consecutive weeks prior to the December 15, 1986, hearing;
9. That several poeple appeared at the initial City
AMBROSE,
FITZGERALD
CROOKSTON
4ltorneye atnd
Couneelon
P.O. Box 427
:E,ndsan, Idaho
4;842
ygn co "X461
CounCili hearing objecting to the use of the property as a
Laundromat; one was the chiropractor, who owns adjacent property
and two others were tenants, but not owners, in the subject
building, all three whom felt the use would be incompatible with
their own uses; that at the last'Council hearing the Applicant
represeInted that the dentist and orthodontist would not be
renewing their leases in the building and would be moving; that
neither;'the chiropractor, dentist or orthodontist appeared at the
Council meeting December 15, 1986; that the Applicant filed the
requisite petitions indicating that 75% of the owners of property
within 300 feat of the premises had no objection to the proposed
I
conditional use;
10. That the Chief of Police submitted written comment
which ipdicated a possible pedestrian traffic and safety problem
I
with re idents of the mobile homes on Cherry Lane crossing Cherry
Lane wi hout the benefit of a control light.
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 and having obtained the consent of 75% of the owners of
property within 300 feet of the external boundaries of the
Applicant's property;
2.1 That the City of Meridian has authority to grant
AMBROSE,
=ITZGERALD
CROOKSTON
morneys and
Counselors
P.O Box 427
.dndlan,Idaho
83642
,phano 88&4481
0 •
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-21418 oil the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
i
3, That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the
propert pursuant to 67-6512, Idaho Code, and pursuant to
11-2-41 (D) of the Revised and Compiled Ordinances of the City
of Meridian, Idaho;
4., Than 11-2-418 (C) of the Revised and Compiled
I
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 revi w of those requirements and a review of the facts
present�d and the conditions of the area; the City Council
specifically concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance.
b. The use would 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 such being
designated as limited office but the operation and
AMBROSE,
FITZGERALD
;CROOKSTON
Attorneys and
Counselors
P.O. Box 427
AMIdtan, Idaho
83842
0+906ne 8884481
M
e.
f.`
9•
i.
5.
maintenance of a laundromat adjacent to dental offices
could be inharmonious and incompatible but these uses
apparently will no longer be in the building.
That the use would not be hazardous and would not be
disturbing to existing neighboring uses as the existing
orthodontic and dental uses will not be located there.
The property is already connected to sewer and water
lines but the use will create additional sewer and
water requirements.
The use would not create excessive additional
requirements at public cost for public facilities and
services and no conclusion is made whether the use
would be detrimental to the economic welfare of the •
community.
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.
The parking for the property and the proposed use
apparently would be adequate.
The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
Since the time of the Planning and Zoning Commission
AMBROSE,
FITZGERALD
iCROOKSTON
Attorneys and
Cmmsebn
P.O. Box 427
daddlan, Idaho
,sptk0ns 8B8,4481
0
Findings were made and since the time of the initial City Council
hearing June 16, 1986, it has become apparent that two of the
major o jectors, who were not even property owners, will be
vacatin the premises; that the only remaining property owner in
the ar a who apparently still would object is the Chiropractor;
t
all other owl:.r:: in the area apparently either consent to the use
or have no opinion.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS ,
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
Councilman Brewer Votee
Councilman Tolsma Voted veq
Coyncilman Myers Votedj
Councilman Geisler Votedf/a d
Mayor Kingsford (Tie Breaker) Voted
DECISION
The City Council of the City of Meridian hereby approves the
ConditL6nal Use Permit requested by the Applicant for the
property described in the application subject to compliance with
all City Ordinances and codes, particularly, as they relate to
sewer, water, building codes and fire and life safety codes.
O.D X/ it 0
i
I
I
MOTION p
APPROVED :, 7-
AMBROSE,
FITZGERALD
i CROOKSTON
Couft"We
P.O. BOX 427
ISO" BB041¢t
E
DENIED:
1
CITY COUNCIL •
JANUARY 5, 1986
PAGE # 5
the agreement terminates on that date, more or less as a matter of
courtesy. This would not require a default note in this case.
The Motion was made by Tolsma and seconded by Myers that the City
Attorney draw up a letter to Claremont. Development -Company advising
them that the development agreement terminates on May 4, 1987 and
there will be two payments and interest due should development proceed.
Motion Carried: All Yea:
Ztem #4: Request by Cecil Cherry & Sons to continue until February
meeting consideration of the Findings of Fact and Conclusions of Law
on their request for a Conditional Use Permit:
Mayor Kingsford, Mr. Cherry sent a letter and I believe all the Council
Members have received a copy saying he is out of town and would like
this continued until the February meeting. i
The Motion was made by Myers and seconded by Brewer to continue the
Findings of Fact and Conclusions of Law on the request for a Cond-
itional Use Permit by Cecil Cherry & Sons until February 2, 1987:
Motion Carried: All Yea.
Item #5: Pre -Termination Hearing: Water/Sewer/Trash Delinquencies:
Mayor Kingsford, you have been informed in writing, if you choose to,
you have the right to a pre -termination hearing January 5, 1987 before
the Mayor & Council, to appear in person to be judged on facts and -
defend the claim made by the City that your water, sewer and trash bill
is delinquent, you may retain Counsel. Is there anyone in the audience
who wishes a hearing? There was no response. Due to their failure to
pay their water bill or to present any valid reason why the bill has
not been paid, their water shall be turned off on January 13, 1987.
In order to have their water turned back on, there will be an addit-
ional fee of $10.00. They are hereby informed that they may appeal or
have the decision of the City reviewed by the Fourth Judical District
Court, pursuant to Idaho Code. Even though they appeal, the water will
be shut off.
The Motion was made by Myers and seconded by Brewer to approve the
turn-off list.
Motion Carried: All Yea:
Mayor Kingsford, the amount of the delinquencies amounts to $6979.37:
Item #6: Approve the Bills:
The Motion was made by Myers and seconded by Tolsma to approve the
bills:
Motion Carried: All Yea:
Jan 30, 1986
Mayor Grant Kingsford
Members of the Meridian City Council
I would like to express my objection to the proposed conditional
use permit for CHERRY AND SONS PROFESSIONAL PARK. I own the or-
thodontic office which has been a faithful tenant since the
building's construction in 1979. I am committed to a lease with
the Cherrys until November 1987, which is renewable for another 2
years.
In the planning of my business, it is my desire to conduct the
specialty of Orthodontics in a neighborhood of fellow profes-
sionals. The present zoning of this property and the fact that
the Cherrys represented themselves as a "PROFESSIONAL PARK"
seemed to offer adequate assurance that I could conduct my busi-
ness in the type of environment that I desired. With that as-
surance I have invested over $20v000 in leasehold improvements
into the office space at 303 W. Cherry lane.
I do not wish to practice my profession newt door to a
laundromat. If a laundromat were built in the middle unit of the
Cherry building, I would certainly relocate my practice to an
area more compatible with professional use.
The investment I have made in this property seems to be in jeop-
ardy if a conditional use permit is granted, because I would be
compelled to move and abandon the improvements.
,
I believe a laundromat and dental office to be incompatible for
the following reasons:
1. Street sign - Professional ethics restrict the size and il-
lumination of dental signs. The street sign required to ad-
vertise a laundromat would eclipse the effectiveness any
conservative professional sign might have.
2. Usage - The laundromat attracts much higher traffic, par-
ticularly during non business hours, when vandalism or other
mischief is more likely. business,
hours,
Image - For the same reason that finer hotels are not built
in Barden City, professionals do not work out of laundromat
buildings"
I regret that the center space in this property has remained
vacant for so long. I am sure that it has been a financial bur-
den for the Cherrys. Indeed, many property owners in the valley
find themselves in similar circumstances during this time of
economic stagnation. However, professional offices continue to
1
be built, and professional tenants are being found to fill those
buildings. If the space in the
Cherry building is not
rented, it
is not for lack of prospective
tenants, or because 2
dental of-
s�
fices already exist there, it
is simply that the terms
of the
lease have not been competitive
with the real market.
I truly believe that the city of
Meridian would be ill
advised to
�Y#.
displace S dentists on Cherry lane so that another
laundromat
coU'ld be built. This sounds
like urban renewal in
reverse.
, N
Having a vital interest in the
economy of Meridian, I
encourage
you to deny the conditional use
permit in this case.
Sincerely,
�r
r
Terrell F. Tingey D.D.S.
f
MBROSE,
TZGERALD
ROOKSTON
:orneye and
ounaelora
O.6oxW
`.d ltln Ideho
G;iW6
hone 88&4461
BEFORE THE CITY COUNCIL OF THE
CITY OF MERIDIAN
CECIL CHERRY
CONDITIONAL USE PERMIT
303 W. CHERRY LANE
MERIDIAN, IDAHO
I
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for initial public
hearing qune 16, 1986, at the hour of 7:30 o'clock p.m., and
again on December 15, 1986, at the hour of 7:30 o'clock p.m., the
Petitioner appearing in person, the City Council of the City of
i
Meridian;having duly considered the evidence and the matter makes
i
the foll�wing Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That notices of the public hearings on the Conditional
Use Permit were published for two (2) consecutive weeks prior to
the public hearings scheduled for June 16, 1986 and December 15,
1986, the first publication of which was fifteen (15) days prior
to said hearing; that the matter was duly considered at the June
16, 1986 and December 15, 1986 hearings; that the public was
given full opportunity to express comments and submit evidence;
and that copies of all notices were made available to newspaper,
radio and television stations.
2. That this property is located within the City of
AMBROSE,
FITZGERALD
.cROOKSTON
Attorneys and
counsalore
P.O. Box 427
Aerldlan,Idaho
83642
apron 888"1
Meridian and is owned by the applicant, Cecil Cherry, and is
described in isle application which description is incorporated
herein and the property is known by the address 303 W. Cherry
Lane; i
3.� That the property is located in a "L-0" Limited Office
distri4, which requires a conditional use permit for the
i
operation of a laundromat which is the use the application
requests; that the Applicant indicated his proposal is to have a
"manned" laundromat which person would do other peoples' laundry
and would also be an attendant to keep the business clean and
orderly; that the representations of the Applicant indicate the
operation would be more in the nature of a self-service
laundro-mat as oppossed to a commercial laundry.
4. That the "L -O", Limited Office district is described in
the Zoning Ordinance, 11-2-408 B. 5 as follows:
(L O) Limited Office District: The purpose of the (L-0)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
I nature to create noise, vibration or emissions of a nature
Offensive to the overall purpose of this district. The L -O
District is designed to act as a buffer between other more
intense elor,-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal water and Sewer System of the City of Meridian is
a requirement in this district.
5. That a
self-service
laundromat is
an allowed
conditional use in
the limited
office district;
that commercial
laundries are not either a principal permitted use or an allowed
conditional use in the limited office district;
6. Thar the building within which the laundromat would be
situ,a(.._d Ew orthodontist office and a dentist office on
eith,;r si d : of v t)ere the laundromat would be located;
7. That. property to the west is a chiropractors office
and sinal=-3.lrlily dwellings; the property to the east is a
church; ), uperuy to the south is vacant land which is owned
by th�� ),pplic,:,nt and was initially proposed to be developed as
office space; the properties to the north across Cherry Lane are
mobile home courts;
8.. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission and
city council have been given and followed; that after the first
City Co ncil meeting held June 16, 1986, the Applicant indicated
a desir- to withdraw his Application and no further action was
taken g1*1 th' Application; that subsequently, on November 24,
1986, the Applicant submitted a request to withdraw the
withdrawal and proceed with the Application; that prior to
proceeding before the City Council on December 15, 1986, a
certified mailing of the Notice of Hearing was again mailed to
all property owners within 300 feet of the premises; additionally
Notice of Hearing was again published in the Valley News for two
consecutive weeks prior to the December 15, 1986, hearing;
AMBROSE, 9, That several poeple appeared at the initial City
FITZGERALD
4CROOKSTON
Attom"S arkd
Ca+naslon
P.O. BOX 427
Aerldlan, Idaho
83642
ml hww 8884401
I
CounciL hearing objecting to the use of the property as a
laundromat; one was the chiropractor, who owns adjacent property
and two others were tenants, but not owners, in the subject
buildinq, all three whom felt the use would be incompatible with
their that at the last Council hearing the Applicant
represente:; t.hat the dentist and orthodontist would not be
renewing ttleir Leases in the building and would be moving; that
neither thi, cr;trooractor, dentist or orthodontist appeared at the
Council rrt l'.ir:, Dk2c.ember 15, 1986; that the Applicant filed' the
requisite petitions indicating that 75% of the owners of property
within 300 feet of the premises had no objection to the proposed
conditional use;
10.E That the Chief of Police submitted written comment
which indicated a possible pedestrian traffic and safety problem
with residents of the mobile homes on Cherry Lane crossing Cherry
Lane wit out the benefit of a control light.
CONCLUSIONS
That zi11 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 and having obtained the consent of 75% of the owners of
property within 300 feet of the external boundaries of the
Applicant's property;
iaewi� 2• That the City of Meridian has authorit
300KSTON y to grant
mn,a and
wnMlon)
). Bot 42?
dean. Idaho
8843
AMBROSE,
FITZGERALD
CROOKSTON
attorneys and
Counselors
P.O. Box 427
.erldlan, Idaho
83942
L.Phone 8884481
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, Idaho;
3,I That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the
propert pursuant to 67-6512, Idaho Code, and pursuant to
11-2-411 (ll) of the Revised and Compiled Ordinances of the City
of Merigi.an, Idaho;
4. That 11-2-418 (C) of the Revised and Comgiled
Ordinances of the City of Meridian sets forth the standards under
which, Cll pl . rini ng and Zoning Commission and the. City Council
shall u?;pl ications for Conditional Use Permits; that upon
a of triose requirements and a review of the facts
presented and the conditions of the area; the City Council
specifically :.oncludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance.
b. The use would 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
chai-acter of the general vicinity such being
1
desigrated as limited office but the operation and
AMBROSE,
FITZGERALD
ICROOKSTON
Attwnsys and
Counsslon
P.O. Box 427
lsdldlan, IdahO
83812
900no 6884461
taaintenance of a laundromat adjacent to dental offices
could be inharmonious and incompatible but these uses
IE E,,. r=ratty will no longer be in the building.
6. ;char. Lh,� use would not be hazardous and would not be
disrurbang to existing neighboring uses as the existing
csrtl-odontic and dental uses will not be located there.
e. .,L- property is already connected to sewer and water
lin,-_s but the use will create additional sewer and
f.
9•i
water requirements.
The use would not create excessive additional
requirements at public cost for public facilities and
:services and no conclusion is made whether the use
would be detrimental to the economic welfare of the ,
community.
The use would not involve a use, activity,, process,
rnatL_rial, 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. The parking for the property and the proposed use
apparently would be adequate.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5.' Since the time of the Planning and Zoning Commission
AMBROSE,
FITZGERALD
iCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Aarldlan, Idaho
C*VIW*08441
•
Findings were made and since the time of the initial City Council
hearing, June 16, 1986, it has become apparent that two of the
major objectors, who were not even property owners, will be
vacatinlI the premises; that the only remaining property owner in
the ar a who apparently still would object is the Chiropractor;
all other owners in the area apparently either consent to the use
or have no opinion.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
r lie w .riii iun City Council hereby adopts and approves these
Findings cf Fl-,ct. and Conclusions.
ROLL CALL •
Councilman Brewer Voted e,
Councilman Tolsma Voted
Councilman Myers Votedde_ry
Councilman Geisler Vote `6)
Mayor Kingsford (Tie Breaker) Voted
DECISION
Th City Council of the City of Meridian hereby approves the
Conditional t -se Permit requested by the Applicant for the
property described in the application subject to compliance with
all City Ordinances and codes, particularly, as they relate to
sewer, water, building codes n�d� fire and life safety codes.
Pe
AMBROSE,
FITZGERALD
;CROOKSTON
Anorneysand
Counselors
P.O. Box 427
Uurlalan, Map
W642
saroas 888441
•
MOTION
APPROVED : -I—yeq , tf ct j
i
•
DENIED:
MERIDIAN CITY COUNCIL DECEMBER 15, 1986
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Ron Tolsma, Bert Myers, Bob Giesler:
Members Absent: Bill Brewer:
Others Present: Roy Porter, Kenny Bowers, Gary Smith, Bob Mitich,
Wayne Crookston, Bob Wherry, Moe Alidjani, Cecil Cherry, Kim Cherry
D.C. Allen.
The Motion was made by Tolsma and seconded by Myers to approve the
Minutes of the Special Meeting held November 24, 1986 as written:
Motion Carried: All Yea:
The Motion was made by Myers and seconded by Tolsma to approve the
Minutes of the regular Meeting held December 1, 1986 with the correct-
ion of the date of the Amyx Court date from December 17 to the 19th
of December, 1986:
Motion Carried: All Yea:
Mayor Kingsford read a Proclamation declaring December 31, 1986 as
a Day of Peace.
_Item #1: Public Hearing: Request for a Conditional Use Permit by
`Cecil Cherry & Sons:
Mayor Kingsford, this item was discussed before and has been put back
on the Agenda for tonite. Mr. Cherry, do you have any thing new to
add on this request?
Cherry, no, other than we would like to receive approval on this
request. I understand under the Ordinance's a laundromat is allow-
ed in this zoning. We feel we have filled all the requirements for
a Conditional Use Permit.
Mayor Kingsford, I probably need to make two statements before we open
the Public Hearing, number the Conditional Use Permit is for the
middle section of the building?
Cherry, Yes, 309 West Cherry Lane.
Mayor Kingsford, the other item is I need to advise you that there
will have to be new Findings of Fact & Conclusions made as there
was additional testimony after the Planning & Zoning Findings that
will need to be incorporated in the Findings. At this time I will
open the Public Hearing. Is there anyone in the audience who wishes
to testify on this application? There was no response. The Public
Hearing was closed. Council Members what is your decision or do you
have any questions?
-MERIDIAN CITY COUNC�
DECEMBER 15, 1986 •
PAGE # 2 h
Tolsma, Mr. Cherry, in visiting with you you indicated that the
Doctors in the other offices have not offered to renew their lease
with you?
Cherry, thats right, we went to them first and they indicated that
they intended to move out, that is when we came up with this idea.
We asked them if they would extend their lease, we offered to drop
this request if they would extend their lease, they refused to.
They are looking for property. They have no intentions of staying.
Mayor Kingsford, any other questions?
Myers, do we have to have a Motion for the City Attorney to make new
Findings of Fact with the additional testimony that was heard at the
prior Public Hearing?
City Attorney, Yes.
The Motion was made by Myers and seconded by Geisler to have the City
Attorney prepare Findings of Fact and Conclusions of Law on the
request for a Conditional Use Permit by Cecil Cherry & Sons.
Motion Carried: All Yea:
Item #2: Eagle Road Mall Site Agreement:
Mayor Kingsford asked Councilman Tolsma as Chairman of the Committee
to advise on this item:
Tolsma, I received a phone call from Mr.Davidson today, and he advised
he was lax in getting back to the Committee, and thought there was some
misunderstanding, he said the last time he was here he would meet with
us in the near future and that has been a month ago and today is the
first I have heard from him. He advised that he found out from one
of the representatives that he was on the agenda for tonite. He asked
that this item be tabled. He advised that he would be in contact with
us in the week so things could be squared away and be on the January
5, 1987 agenda. I advised him if he did not plan.on being in contact
with us so we could discuss the situation there was no reason for him
to waste his time or ours. He agreed to that.
Mayor Kingsford, did he receive a copy of the Minutes?
City Clerk, they were mailed.
Mayor Kingsford, I do not know how there could have been a misunder-
standing, if I remember correctly he stood here and said he would
meet with the Committee and have an agreement drawn and be ready to
meet with the Council on the second meeting of December.
Giesler, Mr. Davidson also contacted me today, and I also told him I
did not remember it quite that way but he did say that he was in the
process of having some drawings made, he has the first scetches back
and was reviewing them and he would like to have something to present
us before he met with us. With the holidays it took a while longer.
He asked that we table this. I would urge that we table this one more
NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho,
at the hour of 7:30 o'clock p:m., oh December 15, 1986, for the
€re
purpose of reviewing and considering the application of Cecil'
Cherry for a conditional use permit at 309 W. Cherry Lane for a
KK
. yrs
laundromat. A more particular description of the above property„.,
is on file in the City Clerk's Office and is available for
inspection during regular business hours.
Public comment will be taken and is welcome.
DATED This 24th day of November, 1986.
N.i pimaynn
Clete
NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho,
at the hour of 7:30 o'clock pan., on December 15, 1986, for the
k
purpose of reviewing and considering the application of Cecil,.
Cherry for a conditional use permit at 309 W. Cherry Lane for a
laundromat. A more particular description of the above property
.R
'
is on file in the City Clerk's Office and is available for
P
inspection during regular business hours.
-
Public comment will be taken and is welcome.
DATED This 24th day of November, 1986.;
uacr n i eman
C i tty C 1 erTc
WRIM
0 !z -- r',
71-
IN
IR
r
PETITION REQUIREMENTS:
1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address,
Telephone and Date.
2. Supply 20 copies of all required material.
3. Three-fourths (75%) of those persons owning property within 300 feet
must agree to this Conditional Use before the proposed use will be considered.
WE THE UNDERSIGNED DO NOT
OBJECT TO,c r-,cJF/f'� :2= u- �— ✓�'-,SING THE PROPERTY
LOCATED AT j C1 )A' /MERIDIAN, FOR THE PURPOSE OF
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MERIDIAN CITY COUNCI(S
JUNE 12, 1986
PAGE # 3
The Motion was made by Giesler and seconded by Myers to approve of the
Conditional Use Permit for Larry Bowen for a photography studio at
49 East State Ave. under the conditions as stated in the Findings of
Fact and Conclusions.
Motion Carried: All Yea:
,Item #3: Public Hearing: Conditional Use Permit for Cecil 'Cherry & Sons:
John Sutton,Attorney w/ Harris & Sutton was present to represent this
request.
Sutton, I have some pictures for the Council to review to see the
location we are talking about, what Mr. Cherry seeks to do is have
installed a laundry facility, I would like to point out to the
Council the type of facility Mr. Cherry is seeking to place, it is
a hi -tech laundry facility which is rather small in size, it looks like
the facility in this brochure and pictures which I will give you a
copy of. There has been some resistance to having this at this location,
It is my understanding the Council would prefer having a professional
park at this location rather than having a mixed use. Unfortunately -'-it
seem to us the community has not supported a professional park,' -the
Cherry's have tried to locate other tenants to fill this facility. The
type of use we are talking about is, we believe economically compatible
with the existing use that is in there. We have some statements to present
to you tonite from people who are in alike situations as what we propose
the City Council to review tonite. This statement is from a CPA Firm in
Nampa who is located next to laundry facility.
Mayor Kingsford, if I may interupt Mr. Sutton the approach you are taking
I believe it would be appropiate that you be sworn since you are giving
new testimony.
Mr. Sutton was sworn by the City Attorney.
Sutton, The statement from the CPA Firm advises they have no problems
from being located next to the laundry facility. I also have a state-
ment from a dental office that has no problems being located next to
a laundry facility. The facility proposed by Mr. Cherry is a rather
small operation and would not have a heavy use. There is not a high
traffic count involved in this type of facility, most of the traffic
count takes place after hours. A Statement from Tomjack Equipment was
presented to show the traffic count and the hours this occured.
We do not think due to this fact the people already in the facility
would be greatly effected by this traffic as it would occur after their
regular hours. We also believe there has been some objection raised that
there is a Mobile Home Park close to this proposed facility and that it
would create: traffic hazard or create an extended use by the Mobile
Nome Park and it would create an influx of people carrying their laundry
across a main thoughfare to this location. Mr. Cherry and his family have
done some research in that area and have contacted the residents of that
Park and of the 43 contacted only 11 would anticipate using this facility.
Only three or four indicated they.might walk. On one hand I can applaud
the Council for them wanting a professional parr, but if it is not being
supported by the community then what is happening the Cherry family is
being forced to suffer economic waste and they are unable to use their
S
MERIDIAN CITY COUNCIO
JUNE 16, 1986
PAGE # 4
facility, unable to seek other tenants to go in there, now they must
have their facility remain vacant. We suggest the type of facility
proposed _-. would be -a benefit to the City, it would not be an eye-
sore. Any questions of the Council?
Mayor Kingsford, the pictures or the facilities you were talking about
in Nampa & Boise, what is the machine count in those?
Mr. Cherry, twenty eight or thirty. There probably would not be more
than eight people there at one time as most people use four or five
machines at a time.
Giesler, I have had some concern about the Trailer Court across the
street, actually the amount that said they would use it is higher than
I anticipated that is almost one-fourth and we also have Embassy which
is adjacent to this Park and there are 141 spaces in that Park that seems
to me we might in fact be causing a problem, I don't think we would have
any way of getting a crosswalk, being so close I am not sure that we
would not have a problem with pedestrian traffic there.
Sutton, unfortunately we did not receive anyone definately saying they
would use the facility, they say they may use it occasionally.
Brewer, than the signatures on these pages and pages of signatures can
not be important either, as far as I can see.
Sutton, why wouldn't they be important.
Brewer, why would they object to a laundromat across the street if they
are not going to use it. To me they have no bearing.
Sutton, we suggest that they may have some bearing as they are a resident
in the proximity of the facility being proposed and we have other resid-
ents in the area objecting to this facility.
Mayor Kingsford, are there any other questions of the Attorney, if not
I will now open the Public Hearing:
Dr. Jim Hollingsworth, 403 Cherry Lane: Dr. Hollingsworth was sworn by
the City Attorney:
Hollingsworth, I came to Meridian from Boise to work with Dr. Sams and
one of the reasons I came here was I liked the idea of having a Profess-
ional Park. With the change that is going on with the improvements in
the road in that area Meridian may desire to keep a professional park
at that point. I would like to see it kept that way.
Terry Tingy ,tenant of the building, Mr. Tingy was sworn by the City
Attorney.
Tingy, I occupy the East Suite of the three suite building and I feel
if this is allowed to become a commercial venture 3 do not believe it
will be compatible with the image I wish to c-Qnuey with my orthodonist
practice and I would assure you I would move my practice to a different
location if this is allowed to go in.
Rod Brady, tenant of the building, Mr. Brady was sworn by City Attorney.
MERI%IAN CITY COUNCIL •
JUNE 16, 1986
PAGE # • 5
Brady, I pratice denistry in the opposite side of the building from Dr.
Tingy, I oppose the laundromat in the same building that I am located
in. They have expressed that it might not be to busy during the day,
my main concern is in the evening when I am not there. I do not feel
comfortable having a crowd of people around when my office is closed.
Mayor Kingsford, I have heard and you certainly do not have to answer
that you plan to leave in any event whether -this is approved or not.
Brady, no my intentions were not to leave in any event, my intentions
were to get a bigger office. I told the Cherry's that I would be inter-
ested in changing my office to the center space.
Kim Cherry, 1524 Meridian St., Mr. Cherry was sworn by City Attorney:
Cherry, if we do not obtain approval for the laundromat , we would like
to obtain longer leases from our present tenants. We were only able to
obtain short term leases from these tenants and that is when we begin
pursuing this other useage for the building. We need to make this project
financially feasible and have committments for the space. There seems
to be a lot of professional office space vacant in Meridian.
Cecil Cherry, 7585 E. Ustick, Mr. Cherry was sworn by City Attorney:
Cherry, we have been trying to work with the Doctors in every way, they
will not give us any kind of committment. We have had tenants in this
over the years that were a lot worse than a laundromat would be. We
started out with a goal and it hasn't worked out I understand that, but
if you start out on something and it is not good the only thing you can
do is back up and start out in a different direction. We attempted to
do this four years ago and there was opposition to the laundromat so we
dropped the request. If the Doctors are not going to stay there what are
we going to do with the building. If they are not going to stay there
we think we should be able to do something else. We met with all the
people in the one trailer court and everyone in there was favorable to
this useage of our building. I don't believe there is going to be any
problem with the traffic or people walking to the laundromat. We have
been told that if we are not approved for a laundromat that there will
someone else putting one in. We need a facility here to take care of the
one who are going out of town. The facility we are thinking about insta-
lling is very good. We would keep it up. The trade that use a laundromat
is working people who want to get their laundry done at one time. They
use several machine at one time. We are planning a very nice facility ,
we are planning on spending s mefAmrse in the neighborhood of $100,000.00
to improve the land and install the facility. Mr. Cherry stated reasons
to the Council why they should approve the laundromat.
Mayor Kingsford, is there anyone else present who wishes to testify? There
was no response. The Public Hearing was closed. There being new testimony
I think the Law will require we have new Findings of Fact & Conclusions.
Any comments of the Council?
Brewer, there has been a lot of new testimony, I know the Cherry's would
have a nice facility, however I have set on the Council since we did the
orginal concept and zoning, when this came four years ago, I was opposed
to it and I think I have to still be opposed to this request now, from the
MERIDIAN CITY COUNCIL
JUNE 16, 1986 40
PAGE #-6
standpoint there have been loyal tenants on both side of the building.
Especially on the one side since the building was approved as profess-
ional unit. We have heard testimony from four, Dr. Sams called me on the
telephone, we have another dental facility on the corner of Cherry Lane
& NW 8th., that is six doctors within approximately a block area, it is
tending to be a professional area, Mr. Cherry eluded to the professional
building available in Meridian, these are not in the location the ones
on Cherry Lane are, as to Mr. Cherry's statement that someone else was
going to do it if they did not, there is a lot of commercial space avail-
able for this type of operation. I do not think I would vary from my
decision, it was approved as professional buildings and was built for
that purpose and used for that purpose and I would find it hard to app-
ove any change of use.
The Motion was made by Brewer and seconded by Myers to instruct the City
Attorney to prepare new Findings of Fact & Conclusion taking into consid-
eration the additional testimony presented at this Public Hearing and that
additional written testimony will be received until 5:00 P.M. on June 17,
1986:
Motion Carried: All Yea:
Kim & Cecil Cherry questioned the need for Findings:
Mayor Kingsford explained that these are required by Law.
Item #4: Addendum Agreement with Sanitary Service:
Mayor Kingsford, the Council needs to approve this addendum and authorize
the signing by the City of this addendum. Any questions of the Council?
Myers, as you know the reason for this is there was no clause in the orginal
contract with Sanitary Service as far a a hold harmless agreement or to
take it further have the City named on their Insurance Policy. I visited
with Mr. Alidjani on this and there is no problem being named on his
insurance as additional insured and the hold harmless agreement is well
drawn. The only question is they only have $350,000 liability coverage
and we are requesting $500,000.00. Mr. Alidjani has some concern about that
as it was not in his budget and he has asked if the additional coverage
could be put off until January 1., from my stand point I do not have any
problem doing that but talking to the City Attorney he does not agree with
that. The main thing we want to do is get this into effect to protect the
City if something happens.
Attorney, the State Law requires that the City have $500,000 and even though
Sanitary Service is independent contractor, that his limits be the same as
the City is required. If there was a claim I think it would be highly un-
likely that the City would notalso benamed in the action. I think that the
limits should be the same as the City.
There was discussion by the Council on this matter. It is possible the
Cities Insurance would not pay if claim was filed as Sanitary Service is
not on our policy.
The Motion was made by Giesler and seconded by Myers to approve of the
addendum agreement with Sanitary Service with the change that we accept
the 350,000 liability until October 1, 1986 at which time it will be
TOM&CK EQUIPMENT SAGES CO.
,taun&ry an8 try `01eaning
Route 3 Box 586
ONTARIO. OREGON 97914
TELEPHONE (503) 889.2376
June 6, 1986
Mr. Cecil Cherry
7585 W. Ustick Rd.
Meridian, Idaho 83642
Dear Mr. Cherry;
Concerning your request for a traffic count for your proposed
coin laundry in Meridian. The breakdown for 15 cars a day
should be spread across the day as follows;
4 cars lam to 16 am
3 cars loam to 3Pm
3 cars 3Pm to 6pm (after school)
5 cars 7 pm to lOpm ( after work)
On Skturday it will be spread evenly over the day.
Normally people do not walk to a laundry unless they have
just one small basket. Most people have more than one load,
must carry soap and bleach, and may have small children, there-
fore they use the car.
We hope this will help you understand your traffic patterns.
Sincerely,
JiXd/Tomjack
RAINBOW LAUNDRY CENTER f
816 12th Ave. So.
Nampa, Idaho 83651
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TO WHOM IT MAY CONCERN
THE DENTAL OFFICE FOR WHOM I WORK FOR (DR HYMAS) IS LOCATED
IN THE 5 -MILE PLAZA. NEXT DOOR TO OUR OFFICE IS DAISY
DRY CLEAINING. THE DRY CLEANING BUSINESS DOES NOT CAUSE
ANY EXCESS NOISE. HOWEVER THE CUSTOMERS FROM THE DRY
CLEANING BUSINESS WHO SEE OUR OFFICE WHILE DOING BUSINESS
HAS HELPED PRODUCE SOME NEW PATIENTS.
SINCERELY ;
L-
Smith, Bailey & Co.
Certified Public Accountants
Cecil Cherry
7585 West ustick
Meridian, Idaho
83642
We have an accounting business in the Nampa Professional Office Building
at 812 12th Avenue South, Nampa, Idaho. Our business adjoins a laundry
facility. We have not had any adverse effects from being located next
to the laundry facility.
Very truly yours,
T. Bailey
<< Cz
and J. h
812 8 Twelfth Avenue South • P.O. Box 876 • Nampa, Idaho 83653 • (208) 466-2493 • (208) 888-9889
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho,
at the hour of 7:30 o'clock p.m., on June 16, 1986, for the
purpose of reviewing and considering the application of Cecil
Cherry for a conditional use permit at 309 W. Cherry Lane for a
laundromat. A more particular description of the above property
is on file in the City Clerk's Office and is available for
inspection during regular business hours.
Public comment will be taken and is welcome.
DATED This 27th day of May, 1986.
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8884481
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Planning and Zoning
Commission of the City of Meridian will hold a special meeting on
May 28, 1986 at the hour of 5:15 o'clock p.m. at the Meridian
City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose
of considering and taking action on findings of facts and
conclusions of law pertaining to the following applications: 1.)
Annexation and Zoning by Ronald Van Auker; 2.) Conditional Use by
Cecil Cherry and Sons; and 3.) Conditional Use by Larry Bowen.
No public comment will be taken.
DATED this day of May, 1986.
1
Jacki em n ,
/ City lerk�'
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888-4481
NOTICE OF PUBLIC 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 & Zoning Commission of the City of Meridian will hold a
public hearing at the Meridian City Hall, 728 Meridian Street,
Meridian, Idaho, at the hour of 7:30 o'clock p.m. on May 12,
1986, for the purpose of reviewing and considering the
Application of Cecil Cherry for a conditional use permit at 309
W. Cherry Lane for a Laundromat; a more particular description of
the above property is on file in the City Clerk's office and is
available for inspection during regular business hours.
Public comment will be taken and is welcome.
DATED this )J f day of April, 1986.
ieman/ City Clerk
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884461
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CUSTOMER
CITY OF MERIDIAN
'HUB OF TREASURE VALLEY'
CITY CLERKS I OFFICE
72$ (MERIDIAN ST.
MERIDIAN, IDAHO B3612
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Oil Cherry � Sons
1521,,s�Ieridian St
Heridian, Idaho 53642
April 15, 1956
To,
T'keridian Plaruiin;; ,, Zoning,
The intent of this cover letter is to explain Cherry L Sons
request for a conditional use permit for our commercial office
building (303, 309, & 313) on Cherry Lane, and cover some of the
information requested with the conditional use application.
There are three offices located in said building. Dr. Terrell
Tingey has an orthodontic practice at 303 W Cherry Lane, and Dr.
Rod Brady has a dental practice at 313 W Cherry Lane, located on
opposite ends of the building.. The 1600 s.f. office between the two,
309 W Cherry Lane, is presently vacant, and has been as such a great
portion of the time over the last five years.
Our purpose for installing the laundry is an attempt to mare the
property economically sound and to allow us Rands to make additional
irgmrovements on the property, such as irmproving and adding on to the
paving and sidewalks, and improving drainage. The building is ideally
suited for a laundry due to its location_ near the mobile home parks
and apartment housing in the vicinity. `
The laundry will contain approximately 30 washer and dryer sets.
Our intent is to have the facility manned during all open hours. It
will also serve as a drop off facility for people wanting to leave
items of wash for later pick up.
The facility will be well designed and decorated and maintained
to be an asset to the community. It is our earnest request that this
application for conditional use be passed on to the city council with
Your recommendation for approval. Should the office space on either
side of the proposed laundi-j become vacant, we request the conditional
use permit to allow us the right to elgDand the laundry or simi lar
acidty, such as a dry clea:ning business, into the space.
Also, consider this as a statement that grants the city the
right to place a lien on said property for payment of all costs
incurred by the city, including engineering, publications, and
attorney fees.
Sincerely,
Cecil Cherry &_ Sons
I
� 141
CITY OF MERI AN APPLICATION FOR A CONDITIONVUSE PERMIT
NAME: Phone—e.29-2-1
ADDRESS: _4Q4, l&" Ja:�_ Z ..s AIA"o
GENERAL LOCATION: a09 Zk_)
DESCRIPTION OF PROPOSED CONDITIONAL USE:_�N�G`��s®� ®-• CE`✓s��%
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ZONING CLASSIFICATION: ,L11,y111W_ope/w Zowe'r
PLAN: A plan of the proposed site for the conditional use showing the location of
all buildings, parking and loading areas, traffic access and traffic circu-
lation, open spaces, landscaping, refuse and service areas, utilities,
signs and yards.
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
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 NUMBER
TO
PETITION REQUIREMENTS:
1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address,
Telephone and Date.
2. Supply 20 copies of all required material.
3. Three-fourths (75%) of those persons owning property within 300 feet
must agree to this Conditional Use before the proposed use will be considered.
WE THE UNDERSIGNED DO NOT OBJECT TO SING THE PROPERTY
LOCATED AT j o ,? W e'he,.r_ V �y rK N ;RIDIAN, FOR THE PURPOSE OF
C ® -P71 i- C t -14 a
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NAME
ADDRESS
PHONE
DATE
WY - ell. 5- 2,
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KIM CHERRY ENGINEERING
1524 Meridian St.
Yeridian, Idaho 83642
October 2, 1980
DESCRIPTION FOR
CECIL CHERRY & SONS
A PORTION OF hrE 1/4 NE 1/4, SECTION 12,
T.3N., R.N., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
i
A PARCEL of land upon which is presently constructed an office building with
three separate offices listed as 303, 309, and 313 West Cherry Lane, with
said parcel being a portion of the NE 1/4 of the NE 1/4 of Section 12, T.3N.,
R.1W.1 B.M., Meridian, Ada County, Idaho and more particularly described as
follows:
Beginning at a brass cap marking the Northeast corner of the said NE 1/4 of
the NE 1/4 of Section 12;
thence North 890261461, West 11087.70 feet along the Northerly boundary of the
said NE 1/4 of the NE 1/4 of Section 12, which is also the centerline of.Cherry
,j Lane, to a point which bears South 89026146" East 1,567.25 feet from the North-
west corner of the said NE 1/4 of Section 12;
thence South 0*25149" West 45.00 feet to a point which is on the Southerly
right-of-way line of Cherry Lane, also said point being the REAL POIfT OF BE-
i,
GINNING;
thence continuing South 0°25149" West 250.00 feet along a line 145.00 feet
q Easterly of and parallel to the Easterly boundary line of West Fourth Street
to a point with said line also being the centerline of the westerly existing
paved entrance to the aforementioned office building;
thence South 89026146" East 155.00 feet along a line 295.00 feet Southerly
of and parallel to the said Northerly boundary of the NE 1/4 of the NE 1/4 of
Section 12 to an iron pin;
thence North 0025149" East 250.00 feet along a line 300.00 feet Easterly of and
parallel to the said Easterly boundary of West Fourth Street to a point on the
said Southerly right-of-way line of Cherry Lane;
thence North 89°26+461, West 155.00 feet along the said Southerly right-of-way
line of Cherry Lane to the point of beginning, comprising 0.89 acres, more or
less.
Prepared by:
A 0 Kim N. Cherry, P.E. & L.S.
3437 `
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SPECIAL WARRANTY DEED
MERIDIAN CORPORATION OF THE CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS, a corporation sole, Grantor, hereby
conveys and warrants, only against all acts of itself, its
successors and assigns to CECIL A. CHERRY AND SONS, a
Partnership, Grantees, for the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the following
described tract of land situate in the County of Ada, State
Of Idaho, to -wit:
See Exhibit I attached hereto and made a
part hereof by this reference.
Subject to all rights, rights-of-way,
easements, covenants and restrictions of
record.
IN WITNESS 11HEREOF, the said Grantor has hereto
1 subscribed its name and affixed its corporate seal by its
Corporation Sole this 0 q day of
- .'�w, 1978.
y
MERIDIAN CORPORATION OF THE
CHURCH OF JESUS CHRIST OF
�'' �, LATTER-DAY SAINTS a corporation
- sole
BY:
Corporation Sole
STATE OF IDAHO )
COUNTY OFSS
ol
On this�oda of
appeared before me BEIM FRANK RANK � personally known to1978, orally
to be the Bishop of the Meridian Corporation of The Church
of Jesus Christ of Latter-day Saints, who acknowledged to
me that he signed the foregoing instrument as Corporation
Sole of the Meridian Corporation of The Church of Jesus
Christ of Latter-day Saints, a corporation sole, and that
the seal impressed on the within instrument is the seal of
said corporation, and the said BEN FRANK FOWLER acknowledged
to me that the said corporation executed the same.
My Cgm'nission Expires:
'
Notary Public