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Revocation Meridian Automot CUP MAYOR Robert D. Come olfc~di'iYlt \ ~ IDAHO! " .c. .. f v:>- ~IIJuTtlF ~111\1,V~~IIlCE ..1903 LEGAL DEPARTMENT (208) 288-2499. Fax lS8.2501 CITY COUNCIL MEMBERS Tammy de WeeI'd William L. M. Nary Cherie McCandless Keith Bird PARKS & RECREATIO~ (208888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 887-)297 BUlLD1NG DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNlNG AND ZON(!\G (208) 884-5533 . Fax 81:\8-6854 July 28, 2003 RECEIVED JUL 2 8 2003 City Of Meridian City Clerk Office Mr. James Gipson 38 North First Street, P.O. Box 219 Eagle, Idaho 83616 Dear Mr. Gipson: This letter is in regard to your letter dated July 15, 2003 and our phone conversations on July 7, 2003. In )'Our letter, you discuss two of the details we talked about during those conversations, but I fear that you missed the primary concern of the City of Meridian related to this matter. Currently, Meridian Automotive is an illegal use that is in violation of their Conditional Use Permit (CUP) to operate at its present location. The City gave very specific conditions of approval related to the expansion of the automobile repair business, and very specific consequences if such conditions were not met (i.e., revocation of the CUP). The Council and I will discuss the issue of revoking the CUP at the August 5, 2003 Pre-Council meeting. Regarding your item #1 related to construction of Bower Street I indicated to you that if you had monetary figures associated with such development, it might be good information to provide the City Council at any upcoming meetings and! or hearings. We have an estimate by CoB Contractors, Inc. in our f1les that indicates the work will cost $17,095; this information was not available at the time of the City Council hearing on the matter. Ido not have any ~pecific advice on how best to accomplish the construction work; Mr. Nesmith needs to hire a conttactor and complete the work. Regarding your item #2 related to the paving requirements associated with the railroad property: I did notify you that I support the use of teclaimed asphalt in parking storage areas. However, I have no authority to waive any of the requirements in the existing approved CUP. I hope this further clarifies the issues and necessary actions on the part of Mr. Nesmith. Please feel free to call me at 884-5533 if you have additional concerns. ~~.~Jt Anna Borchers Powell, AICP Planning Director 33 EAST IDAHO' MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Olfice Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 JAMES GIPSON ASSOCIATES I architecture · planning 38 NORTH FIRST STREET, P.O. BOX 219 EAGLE, IDAHO 83616 phone (208) 939-0236 fax (208) 939-0211 July 15, 2003 .RECE~D JUl 1 7 2003 CITY OF MERIDIAN PLANNING & ZONING Ms. Anna Powell, Planning Director City of Meridian 660 East Watertower Lane Meridian, ill 83642 JGA Project No. 0147 MCU-33-96! CUP 02-004 Meridian Automotive Expansion Meridian, Idaho Dear Ms. Powell : This will confirm ourtelephone visit ofJuly 7, 2003, a8 follows: I) The applicant, John Nesmith of Meridian Automotive, will obtain actual costs for construction of the Bower Street work, and detennine the feasibility of this work at this point. 2) The applicant intends to request modification of the condition requiring paving ofthe "Railroad Property" parking/storage area. Since this is tied to other work which may not be feasible at this point, a new CU application may be necessary. May we request your advice on how to best proceed to accomplish the Bower Street work and allowing use of "reclaimed asphalt" at the Railroad property. Thank you for your assistance with these issues. With best wishes, cc Mr. John Nesmith, Meridian Automotive Mayor Robert Come & City Council Mr. Bill Nichols, City Attorney ,- MAYOR Robert D. Corrie . HUB OFTRE4SURE VAlLEY. . A Good Place to Live CITY COUNCIL MEMBERS Tammy deWeenI Keith Bird Cherie McCancDess WilliatnLMNary CITY OF MERIDIAN . 33 EAST IDAHO MERIDIAN, IDAHO 83642 (2tI8) 8884433 . FAX (208) 887-4813 City CIerlr 0lIice Fax(208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PUBUC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 PLANNING AND WNING DEPARTMENT (208) 884-5533 . FAX 888-6854 June 10, 2002 Mr. John Nesmith Meridian Automotive and Machine 505 Main Street Meridian, ill 83642 Dear Mr. Nesmith: I am writing to you as a follow up to your recent conditional use permit approval for Meridian Automotive and Machine (File No. CUP02-004) located at 505 Main Street. The approved conditional use permit set forth guidelines ( conditions) for the use of your property, as well as modifying the previous conditions of your original conditional use permit. As you are aware, the westernmost building (addition) on your property does not have a certificate of occupancy. The original conditional use permit issued to you by the Cty for the building prohibited the use of the building without first obtaining a certificate of occupancy. To this day, you have failed to obtain a certificate of occupancy or comply with the conditions of approval for your original conditional use permit. The failure to obtain a certificate of occupancy for the building and lack of compliance resulted in criminal charges being filed against you by the City of Meridian. Following your guilty plea on April 9th, 2ool,to the charges of failing to obtain a certificate of occupancy and failure to comply with the conditions of your approved conditional use permit, you were given six (6) months to show the court that you would comply with the approved conditional use permit, and to obtain a certificate of occupancy. Compliance with the conditional use permit required among other things: . The removal of all vehicles and materials from the railroad right-of-way. . Completion of all landscaping. . Construction of a sidewalk on Bower Street. . The removal ofall vehicles for sale on the property. . Obtaining a certificate of occupancy for the westernmost building. The installation of some trees appears to be the only attempt on your behalf to comply with the original conditions of approval. ~. ,.-... In 2002, the City ofMAian received your request to amend th'-iginal conditional use permit to allow the use of the railroad right-of-way, and to place an addition on Ihe east side of your building. The City approved the amended conditional use permit (attached) in May ofthi8 year. The amended permil included, but was not limited to, the following conditions: . The slatting of the fence installed around the railroad property. (The existing fence was installed without a building permir. A permit will need to be obtained prior to the issuance of a temporary certificale of occupancy). . All conditions of the original conditional use permit (except as modified by the new conditional use permit) are still in effect [paraphrased]. . A surety for all required improvements including paving, landscaping, sidewalks, irrigation, fa"ade improvements etc... will be required prior to beginning any work on the site [paraphrased]. . All improvements are required to be substantially installed within twelve (12) months of the date of approval of the new conditional use permit [paraphrased]. Therefore, all work will have to be substantially completed by May 7,2003. The City of Meridian has not yet received a bond or cash surety for the improvements to be constructed and installed on your property. Additionally, vehicles are still for sale on your property, numerous vehicles are being stored in the railroad right-of-way, the landscaping and associated irrigation has not been completed, there has not been a request for a certificate of occupancy, and there has been no sidewalk installed along Bower Street. In order to avoid further criminal prosecution (probation violation charges), the railroad right-of-way will need to be vacated immediately and the vehicles for sale on site will need to be removed. Relocation of the vehicles to another site within the City Of Meridian is not permitted without prior approval and proper site improvements. When all of the improvements have been installed and constructed for the entire development, the railroad right of way may be used for vehicle storage. Furthermore, a certificate of occupancy (temporary or final) will need to be obtained from the Building Official. Please contact me when you are ready for an inspection and I will arrange the inspection for you with the Building Department. The Building Official will not be able to issue a certificate of occupancy (temporary) to you for your existing building until you provide the aforementioned cash surety for all of the improvements, the railroad right-of-way is vacated and the vehicles for sale are removed from the site. Temporary occupancy can be revoked for failure to continue to comply with the conditions of approval. A final certificate of occupancy can be obtained from the Building Official for the westernmost building and the fa~e improvements when all of the improvements have been constructed and installed as approved. The City wants to avoid any misunderstanding or confusion concerning the conditions of approval for your amended conditional use permit. If there is any part of this letter that is unclear or if you do not understand what is expected of you to comply with your conditional use permit, please feel free to call me at the Meridian Planning and Zoning Department, 884-5533. 07/08/2002 12:17 2083755218 CB CONTRACTORS PAGE 01 c-ecONTRACTORS, INC. 2926 S. Jupiter Ave . Boise, Id"'O 83709 Telephone: (208) 58.2-1103 Fac$lmlle: ~08) 862-1104 ESTIMATE DATE: July 8, 2002 . TO: Mtrldian Automotive & Machine Al'TN: ISteve/John @ 887-8652 RE:. New Curb, Gutter & Sldewalk@ Bower Street . Irn:lu~ions: Curb. Gutter & Sidewalk wI Two Approaches, Sawcuttlng, Demolition & Removal of work to replace, Manhole Tie-in wi Drop Inlet, Traffic Control, Asphalt Patch-back, . ACHD Permit, Concrete & Asphalt Materlals................................S17.095.00 exclusions: Unknown Coriditions, i.e. soil, underground, etc.. Concrete Pumping, Cures, Sealants & Caulking, Weather Protection & Conditions due to Weather, Permits, Inspections, Fees & Material Testing. .If you have any questions, please call Ernie Corrigan (208) 562-1103 off. or (208) 941-6835 cell. , ,'l".' ~ Western Surety Company Surety Bond Bond No. 22487095 Know All Men By These Presents, Thai we, John Nesmith as Principal(s), and WESTERN SURETY COMPANY, P.O. Box 1068 Houston, Texas 77251-1068, a South Dakota Corporation authorized to transact surety business in the State of Idaho, as Surety, are held and firmly bound unto City of Meridian as Obligee, in the penal sum of Twenty Thousand Dollars and No/100's ($20,000.00) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has applied to the Obligee 10 New Curb, Gutter & Sidewalk @ 505 N. Main St. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal(s) shall comply with all applicable Ordinances, Rules and Regulations, and any Amendments thereto, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That the aggregate liability of the Surety hereunder for any and all claims presented shall not exceed the penal sum of this bond. PROVIDED, FURTHER, HOWEVER, That this bond shall continue in force until canceled by Surety giving 30 days written notice to Obligee and Principal of its intention to terminate its liability hereunder. SIGNED AND SEALED this 22 day of July, 2002. --- ~----..\. / // POWER OF ATTORNEY 'Know All Men by These Presents: (Irrevocable) BOND No. SP- 22487095 A A by the approving That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following THREE I 3 I authorized individuals: in the City of AnT ~F lawful Attorney(s) in fact with full power following described bond to sign, execute, acknowledge and deliver ONE BID PERFORMANCE, AND/OR PAYMENT BOND PROVIDING THE BONO PENALTY DOES NOt EXCEED SEVEN HUNDRED FIFTY THOUSAND AND NO/lOa DOLLARS <****150 000.00). ********1************************************************************* ********************************************************************** ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of MARCH 31 . 2006, but until such time shall be irrevocable and in full force and effect. ~EST~~r_~~j!,Ty:j~P'MPANY further .c~rtifies that the following is a true and exact co~y ~f Section 7 of the .By-Laws of Western ~UrelY Company, duly adopted and now In f~; ~&- -Soct\<ln :~;oA.ll bonds, poliCIes, undertakmgs, Powers of Attorney or other obh,gatlons of the corporatton shall be executed In the corporate name of the Company by,~-:'lii:e\l>res,idoot,-, ~retbi';:oa~ Assistant Secrelary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice .f(esurel].t, Seo:reUt,r,y, pny,.AssiStiBU Secrelary, or the Treasurer may appomt Attorneys 10 Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the .,:n~e .oC_tbe Compa'nY, The, cEi:(.:ra.te seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The ' ..lure, of any such offiCer'_an:d;-I.h~ corporate seal may be printed by facsimile,~ "1'" ,,' ;: ::' The penal amount of' th~: b(i"nfr~berein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or ., t~legram signed by the Senior J,Jnijerwriting Offlcer, Underwriting Officer, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western ,Surety Comp\lny specificaILY-lluttibd2ingsaid increase. , ,'~"'~~SS',V;-jl{~~:qy,_;::~stern Surety Company has caused these presents to be executed by its President with its corporate seal affixed this 8th "rQr <April ..~' <,C- . 1997 . WE S T ERN SUR E T Y COM PAN Y ~Prez:4- By i."," '">fi.~~;~~;:;:;,,"^' '''''''''''1 ~ NOTARY PL'!IUC ~ ~ SOUTH DAKOTA ~: My Commission Expir.,6-2-200J +..r".........~~~+ I, the undersigned officer of Western SureLy Company, a stock corporation of the State of South Dakota, do hereby certify tbat Lhe attached Power of Attorney is in full force alld effecl and is Irrevocable; and furthermore, that Section 7 of the By-Laws of the company as set forth in the Power of Attorney, is now in force. 1? l)~~J Notary Public, South Dakota In testimony whereof, r have hereunto set my hand and the seal of Western Surety Company this' 22 day of Julv 'IMPORTANT, This date must be filled in before it is attached to the bond and it must be the same date as the bond. By 2002 WESTERN SURETY COMPANY ~re=4 Form 749--4.97 NOTICE: This bOl'der mum hp. BLUE-if H-IR not BLUE. lhi~ I~ nnt.. "..rlifip.rl r:nn" ~ Sharon Smith From: Sharon Smith Sent: Monday, August 04, 2003 11:49 AM To: 'jgarch@bitsmart.net' Subject: August 5, 2003 Agenda 03AugMprecouncil. doc Per our telephone conversation -- Thank you. Sharon Smith Wendian City Clerks Offue Th. 888-4433 ezt 210 Sharon Smith From: Sharon Smith Sent: Monday, August 04, 2003 11:50 AM To: 'jgarch@bitsmart.net' Subject: August 5, 2003 City Council Agenda Item L:»1 t Revocation eridian Automot CU and the item packet on this matter -- thank you. Sharon Page 1 of 1 Sharon Smith From: Will Berg Sent: Friday, May 09, 2003 8:51 AM To: Sharon Smith Subject: FW: Meridian Automotive -----Original Message ----- From: Dave McKinnon[mailto:mckinnod@meridiancity.org] Sent: Thursday, May 08, 2003 2:46 PM To: ANNA_P; 'Brad Hawkins -Clark'; 'Will Berg'; 'Bill Nichols'; nlw@whitepeterson.com; kirkpatw@meridiancity.org; 'Steve Siddoway' Subject: Meridian Automotive Hello Everyone, For those of you familiar with the Meridian Automotive criminal case, and both of the Meridian Automotive Conditional Use Permits issued in the past few years please feel free to skip down to the next paragraph, for everyone else please keep reading. The City of Meridian has issued two conditional use permits, a CZC and no occupancy permits for a new building on the Meridian Automotive in addition to obtaining one criminal conviction dropped a Probation Violation case against the owner, John Nesmith, due to tfor a zoning violation stemming from the first of the two Conditional Use Permits. In recent months the City has of the more recent CUP and the change of the prosecuting attorneys. he confusion related to the issuance We, the City of Meridian, are yet again at another point in the evolution of this story; the deadline for substantial compliance with the latest CUP has expired (yesterday, 5-7-03) and the conditions of approval for the CUP state the "City Council shall begin revocation proceedings" if compliance has not been attained. I have informed the applicant in person and followed up with an e-mail, (received by many of you as well), to remind him of this deadline and the conditions that must be met for compliance with his CUP. The owner of the property has not complied with the CUP, and revocation proceedings should be started. I think it would be helpful to gather everyone who is involved, and those who will quickly become involved in this matter and discuss this issue and how best to proceed at this point. I will be available early next week, preferably Tuesday morning, if that can work for everyone. Please let me know if this is a meeting worth having and what time works best for you. I will schedule a meeting room once I hear back from everyone. Thanks, Dave 5/9/2003 than V -ROI/Ye and Machine inc. 505 N. Main Street • Meridian, Idaho 83642 • (208) 888.3797 • Fax (208) 887-8652 May 28, 2003 Dear City Council: RECEIVED MAY 2 8 2003 City of Meridian City Clerk Office I would like to request a meeting with you regarding Conditional Use Permit's MCU-33- 96 and CUP 02-004 at your earliest convenience. Thank you for your response. Sincerely, John Nesmith www.meridianautocare.com Message Page 1 of 1 Sharon Smith From: Bill Nichols [wfn@whitepeterson.COM) Sent: Monday, June 02, 2003 11:01 AM To: 'Robert Corrie; 'Tammy de Weerd'; Keith Bird (E-mail); Cherie McCandles (E-mail); 'William Nary' Cc: Will Berg; 'Sharon Smith'; Anna Powell (E-mail); 'Mike Worley' Subject: Meridian Automotive and Precouncil meeting on June 10 Mayor and Council The Clerk's office informs me that Mr. Nesmith requested to be put on the Precouncil agenda for June 10, 2003. Staff may be bringing before you a proceeding to revoke the Conditional Use Permit granted last year. Staff has had several meetings with Mr. Nesmith. I am concerned that a Precouncil meeting discussion could disqualify the Council from acting as the hearing body as contemplated by MCC 11-17-11. My recommendation is that the Mayor decide whether to bring a CUP revocation proceeding before Council. Once that decision is made, Council members will need to maintain impartiality prior to the hearing. Bill Nichols 6/2/2003 Message Page 1 of 1 Sharon Smith From: Bill Nichols [wfn@whitepeterson.COM] Sent: Monday, June 02, 2003 11:01 AM To: 'Robert Corrie'; Tammy de Weerd'; Keith Bird (E-mail); Cherie McCandles (E-mail); 'William Nary' Cc: Will Berg; 'Sharon Smith; Anna Powell (E-mail); 'Mike Worley' Subject: Meridian Automotive and Precouncil meeting on June 10 Mayor and Council The Clerk's office informs me that Mr. Nesmith requested to be put on the Precouncil agenda for June 10, 2003. Staff may be bringing before you a proceeding to revoke the Conditional Use Permit granted last year. Staff has had several meetings with Mr. Nesmith. I am concerned that a Precouncil meeting discussion could disqualify the Council from acting as the hearing body as contemplated by MCC 11-17-11. My recommendation is that the Mayor decide whether to bring a CUP revocation proceeding before Council. Once that decision is made, Council members will need to maintain impartiality prior to the hearing. Bill Nichols 6/2/2003 Sharon Smith From: William Nary [Wnaryc@cityofboise.org] Sent: Monday, June 02, 2003 12:35 PM To: corrieb@meridiancity.org; birdronaldkeith@msn.com; cgmccandless@msn.com; TdeWeerd c@msn.com; wfn@whitepeterson.COM Cc: bergw@meridiancity.org; powella@meridiancity.org; smiths c@meridiancity.org; worleym@meridiancity.org Subject: Re: Meridian Automotive and Precouncil meeting on June 10 I would concur that if we are going to review a request to terminate a CUP then we should not have a pre -council discussion preceding the hearing. We may need to have an executive session to discuss the legal ramifications of the decision as potential litigation of a public concern. >>> Bill Nichols <wfn@whitepeterson.COM> 06/02 11:00 AM >>> Mayor and Council The Clerk's office informs me that Mr. Nesmith requested to be put on the Precouncil agenda for June 10, 2003. Staff may be bringing before you a proceeding to revoke the Conditional Use Permit granted last year. Staff has had several meetings with Mr. Nesmith. I am concerned that a Precouncil meeting discussion could disqualify the Council from acting as the hearing body as contemplated by MCC 11-17-11. My recommendation is that the Mayor decide whether to bring a CUP revocation proceeding before Council. Once that decision is made, Council members will need to maintain impartiality prior to the hearing. Bill Nichols 1 19 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 06/02 11:31 8878652 AS OF JUN 02 '03 11:32 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC--S 00'20" 001 113 OK CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, June 10, 2003 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of SAGE: (5 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. w+*w*w To: John Nesmith Fax: 887-8652 From: Sharon Clerks Office As of 11:00 a.m., the City Attorney has advised the Mayor to remove your discussion from the above Pre -Council agenda. This office and/or other city staff will advise you on the status of your request for discussion in this matter. Meridian City Council Prc.Coungl Agenda - ,Tuns 10, 20o3 page 1 of 1 All matorialr presented at public meetings obeli become property of the City of Meridian. nyone desiring acconu"Odati= for Please contact the City Clerks OtSos At888.4433 at lama 48 how,iortto the publle meeting, CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, June 10, 2003 at 6:00 p.m. City Council Chambers U" 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of SAGE: (5 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. ****** To: John Nesmith Fax: 887-8652 From: Sharon' Clerks Office As of 11:00 a.m., the City Attorney has advised the Mayor to remove your discussion from the above Pre -Council agenda. This office and/or other city staff will advise you on the status of your request for discussion in this matter. Meridian City Council Pre -Council Agenda — June 10, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 1 2. 3. 4. CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, June 10, 2003 at 6:00 p.m. City Council Chambers Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie Adoption of the Agenda: Discussion of SAGE: (5 minutes*) Discussion with John Nesmith regarding Meridian Automotive Conditional Use Permit: *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Ph - 0099- IVZ133 Meridian City Council Pre -Council Agenda — June 10, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 06/02 10:38 8878652 AS OF JUN 02 '03 10:39 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC--S 00'20" 001 111 OK CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, June 10, 2003 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of SAGE: (5 minutes') 4. Discussion with John Nesmith regarding Meridian Automotive Conditional Use Permit: *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Mendiaa City Council Pro.Council Agenda _ .lune 10, 2003 PYpe 1 of 1 All materials presented eq public meetiagc shall become �� of the City of Meridian. Anyone desiring ticommodalion for disabilities rcWcd to documents snd/or hejrin8s Plcasc oor#aat tho Ciry Clerk's Office at 898-4433 at least 49 hours prior to the public mcctiny. JAMES GIPSON ASSOCIATES architecture • planning 38 NORTH FIRST STREET, P.O. BOX 219 EAGLE, IDAHO 83616 phone (208) 939-0236 fax (208) 939-0211 June 24, 2003 Ms. Anna Powell, Planning Director City of Meridian 660 East Watertower Lane Meridian, ID 83642 JGA Project No. 0147 MCU-33-96 CUP 02-004 RECEIVED JUN 2 5 2003 City of Meridian City Clerk Office Meridian Automotive Expansion Meridian, Idaho Dear Ms. Powell: This will explain our request for modification of certain conditions of the herein referenced Conditional Use Permits. Our desire is to resolve any pending issues and quickly complete the project, as far as is possible at this point. The reasons for requesting modifications are that 1) changes in the general economy have made the proposed facility expansion unfeasible at this time, and 2) certain elements (specifically construction of the walk, curb, and gutter along Bower Street) have become much more difficult and expensive than originally estimated. We request modifications as follows : 1) Condition No. 2 : Walk, curb, gutter, and paving on Bower Street be deleted or delayed. This work has become much more expensive than originally estimated, because of drainage problems and utility relocation issues. Further, constructing only the portion of Bower Street adjacent to this project property will create an awkward condition, and should be done when Bower Street is reconstructed in a manner to solve the drainage and utility problems. Deposit to a road trust account would be a logical way to accomplish this; but ACRID may not accept this, because Bower Street is presently not scheduled for reconstruction. Another option, which we would fully support and promote, would be the creation of a local improvement district (LID) to accomplish the Bower Street work in an appropriate manner, beneficial to the neighborhood and the community. 2) Condition No. 5 : That planting of trees within the fenced North (Railroad) parking area be deleted. We believe that trees and/or other planting in this area would have virtually no visible impact or benefit, and would in fact be a maintenance problem. Trees within an enclosed vehicle parking/storage area do not provide the benefit normally associated with trees used to soften and minimize the impact of large paved parking areas. 3) Condition No. 6 : Main Street access should not be changed to Right in - Right out only; this was originally a recommendation (not a requirement) of ACHD, and it has become apparent that there is little need for this change in traffic. 4) Condition No. 8 : That the paving of the North (Railroad) parking area be allowed as reclaimed asphalt, heated and compacted. We note that this has been allowed on other recent projects, and feel this is especially appropriate at this location due to the low volume of traffic (the parking area is not to be open and generally accessible), and the minimal visibility of the parking area. 5) Welding, Page 9 : The Condition should be that welding is not to be done or permitted in the 1996 addition, rather than forbidding welding anywhere in the existing building. Some occasional welding has been done for many years in the existing facility, which has not been changed in any of the completed or proposed work on the property. 6) We request that the addition to the front of the building be done in a future phase, because of the financial limitations and feasibility caused by the changes in the general economy. Please note that with the exception of the Bower Street work, all of the conditions of the original CUP have been completed : landscaping, trash enclosure, refinishing & striping of the parking area, removal of trash & debris for the Railroad right-of-way, and painting of the building. We have requested an opportunity to discuss these issues with the City Council, but hope now to first communicate and resolve any questions with the Planning Department before approaching the Council. Further, we wish to establish a mutually agreeable time frame within which to accomplish this work. We respectfully request consideration of these issues, and greatly appreciate your help. With best wishes, JAMES GIPSON ASSOCIATES James Gipson Architect for John Nesmith, Meridian Automotive cc Mr. John Nesmith, Meridian Automotive Mayor Robert Corrie & City Council Mr. Bill Nichols, City Attorney 2