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HomeMy WebLinkAboutChapin Subdivision CUPa ~ MERIDIAN CITY COUNCIL OCTOBER 2, 1990 Regular Meeting of the Meridian City Council called to order at 7:30 p.m. by President of the Council Ron Tolsma: Members Present: Bert Myers, Bob Giesler, Max Yerrington; Mayor Kingsford was absent: Others Present: Gary Smith, Walt Casey, Rod Medley, Gary Lee, Dennis Marshall, Sgt. Bi11 Musser, Jim Johnson, Kay Beumeler, Members of Scout Troop #30: The Motion was made by Giesler and seconded by Yerrington to approve the Minutes of the previous Meeting held September 18, 1990 as written: Motion Carried: All Yea: President of the Council Ron Tolsma welcomed Scout Troop #30 who were in attendance. Item #1: Findings of Fact & Conclusions of Law on request for Conditional Use Permit by .Moore & Wurst: Tolsma: Council Members, are there any questions or comments, what is your decision? Giesler: i was wondering if there should be a limit as to the. number of cars that should be allowed on that lot. If they get to many units in there for sale there might not be adequate parking for the body shop. This is just a concern that I thought maybe we should look into. There was additional discussion on this, it was the concensus that they would need to meet the City Ordinance as far as parking requirements, which is two spaces for each bay for the body shop and one third of the sales lot must be left open for customer parking. The Motion was made by Myers and seconded by Yerrington that the City Council of the City of Meridian hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney: Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: The Motion was made by Giesler and seconded by Myers that the Meridian City Council hereby approves the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated in the Findings of Fact & Conclusions. Motion Carried: All Yea: Item #2: Public Hearing: Preliminary Plat on Golf View Estates #2, Final Plat on Phase #1 and Variance request on street lights: Tolsma: At this time I will open the Public Hearing, is there anyone in the audience who wishes to testify on this request? Gary Lee, JUB Engineers, 1990 Turnberry Way, Lee was sworn by the Attorney: , , BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN MOORE & WURST CONDITIONAL USE PERMIT 225 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter (laving come on for public hearing September 18, 1990 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 of law: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional Use AMSROSE, FITZOERALD acROOasroN Atlarm,~ ua coun..lw. P.O. eoc 1]7 MxgNn, IONo lJE~1 T~NpOO~ro!!lJM1 Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 18, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 14, 1989, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the Applicants and is described in the application, which description is incorporated herein as if set forth in full; the property is generally described as at the southeast corner of East 2 1/2 Street and Fairview Avenue; that the property fronts on Fairview Avenue; the proposed use of the property is to operate an automobile sales lot for new and used cars. 3. That the property has been used for commercial businesses for some period of time in the past, and particularly as an automobile sales lot. The parcel is zoned C-G General Retail and Service Commercial according to the present zoning maps. The surroundiny property is zoned either Community Commercial or General Retail and Service Commercial. 4. The C-G General Retail and Service Commercial District requires a conditional use permit for the operation of the use the application requests which is to operate a new and used car sales lot. 5. That the C-G District is described in the Zoning AMBROBQ RRZOEHALD acnoorcaroN Atlanq~ rM conm.ra. v.o. su. m MwMW~, MYq ae~s T.MCna»eee+~s~ Ordinance, 11-2-408 8. 9 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The purpose o e - ~s rict is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. AMSROSE, FIRGERALD d CROOKSTON Attomlyl MM C0U11NI0I1 P.O. ~1rl'7 MmWIM~, 1Otlw 83512 TaMp~w~a BBNMI 6, That the use proposed by the Applicant is an enumerated allowed conditional use in the C-G District. 7, That the property to the west is a self-service gasoline station and a self-service car wash and is zoned Community Commercial; the property to the east is a bulk gasoline and oil distributor business and is zoned R-8 but the property has grandfather rights for the existing operation; the property to the south is a single family residence but is zoned R-8 rather than R-4; the property to the north is Fairview Avenue and the property north of Fairview Avenue is partially vacant ground, a seat cover business, an automobile transmission business, a tire shop, and other service and general retail operations largely automotive related and the property is zoned either Community Commercial or General Retail and Service Commercial, 8. That the present use of the property is for an auto body and recreational repair shop pursuant to a conditional use permit; that the immediate past use was for an automobile sales lot. 9. That proper notice has been given as required by law and all procedures before the City Council have been given and followed. 10. That the Applicant has submitted the names of the people owning property within 300 feet of the property but their approval of the use of the property is not required because the property is not a residential district. 11. That no person submitted testimony at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Complied 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 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 preliminarily concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. AMBROSE. FIROERA~D 6CRDONBTON AllanrylYM cW~..~a. R.o. eo. u>' MMUMn, MNo ae~a T«.ww~.ew«ei b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow AMBROSE, FITZGERALD ICROOKSTON Atlornq~ri0 Counwbn v.o. eo. ~ MMMI~n, 1EYq esw TN~pROn~ iMl~M7 the use. c. The use is being designed and constructed, to be harmonious in appearance with the intended character of the general vicinity, such being designated as set forth in the definition of C-G as contained in Section 11-2-408 B 9. d. That from a zoning standpoint, the use should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The sewer and water service availability is in doubt and something will have to be done to provide sewer and water. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g, The use should 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, if operated in accordance with the requirements contained herein. h. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That comments may be submitted by the Ada County Highway District, the Idaho Transportation Department, the Central District Health Department, the Nampa & Meridian Irrigation District, and the City Engineer; that those comments are incorporated herein and shall be a requirement for issuance of the conditional use permit at this time. 6. That all applicable fire, life safety, building codes, and other codes and regulations shall be met. 7. That if the Applicant fails to meet the requirements and conditions herein stated the conditional use permit may be revoked after an opportunity to be heard. APPROVAL OF FINDINGS OF FACT ANU CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Yerrington Councilman Giesler Councilman Myers Councilman Tolsma Mayor Kingsford (Tie Breaker) DECISION Voted "L~~P Vote ///e+r Vote/~ V o t e ~`~~~ Voted The Meridian City Council hereby approves the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: APPROVED: vv4 DISAPPROVED: AMBROSE, FITZGERALD B CROOKSTON ANOm~ye tlM Coumalon R.O. BOZ X1'7 MarMIM, MNo &7612 TM~plwns 8661Mt FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 6 iFRTn7AN CITY COUNCIL SEPTEMBER 18, 1 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; Max Yerrington: Others Present: Ralph Christensen, K. Beumeler, Wayne Crookston, Terry Moore, Bill Gordon, Moe Alidjani: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous Meeting held September 4, 1990 as written: Motion Carried: All Yea: Item #1: Findings of Fact on Annexation request by Treasure Valley Baptist Church. Mayor Kingsford: This item has been verbably asked to be withdrawn, although we have not received written confirmation that, I would make the recommendation that we table this until the next meeting: The Motion was made by Myers and seconded by Tolsma to table the request for Annexation by Treasure Valley Baptist Church until the next meeting: Motion Carried: All Yea: Mayor Kingsford: Out of order, Mr. Christensen, Meridian Lions Club: Christensen: I had advised earlier that we would keep the City updated on the Rodeo we are having on October 29 and 30th. We opened the registration for the Bull riding last night and received 35 entries. The rest of the entries are open until tonight at 8:00 p.m.: I do need to meet with the Police Chief and get the security lined out, the evening of the 28th at 5:00 o'clock we would like your presence over at the one barn, we are going to serve chicken and whatever goes with it, Mr. Reiman will be there with his saratoga and his stagecoach to give rides to everybody and we have a band. The following afternoon at around two o'clock all of you should be prepared to ride in on the saratoga and again on the 30th. The conflict we have right now is I need to have a Meridian Flag, as we planned on flying the Meridian Flag and I understand you do not have one, I would like to have a Centennial Flag,and I would like to have the State Flag. On the evening of the 29th the Chamber of Commerce is having a barbeque.Everything has seemed to come together and the Lion's Club is very satisfied. K.D. Hartwell is the Grand Marshall. Item #2: Public Hearing: Request for Conditional Use Permit by Moore & Wurst for Car Lot at 225 East Fairview: Mayor Kingsford: At this time I will open the Public Hearing, is there anyone in the audience who wishes to testify .on this request? There was no response, the Public Hearing was closed. Any questions of the Council, Mr. Moore is present. MERIDIAN CITY COIINCIL i • SEPTEMBER IB, 1990 PAGE # 2 Giesler: The only thing I would like to bring up is, is that I would like to make sure that we do not end up with a lot of trash or more of a storage yard or something like that, broke down vehicles or things like that that would accumulate, we have had problems with that throughout the area. Moore: That is not our intent. The Motion was made by Tolsma and Attorney prepare Findings of Fact seconded by Myers to have the City on this request. Motion Carried: All Yea: Department Reports: Police Chief: The letter from the Prosecutor's Office regarding the agreement with St. Alphonus Hospital, I had some questions about that and contacted the City Attorney to provide me with comments also, did you come up with anything other than what we discussed Counselor? City Attorney: I did have a chance to talk to Greg Bower, I would just as soon talk to you about it and see what you think. Being no further business to come before the Council the Motion was made by Myers and seconded by Giesler to adjourn at 7:43 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: GRANT KINGSFORD, MAYOR ~~ File (2) Mail (2) r a ~ rienwei 5 Atty, Eng, Police, Fire Ward, Stuart, Gass, Hallett Bldg, Dept. Valley News Statesman, ACHD, NIMD, CDH SIRD, ADA COUI~Y HIGHWAI*DISTRICT S18 EAST 87TH STREET BOISE, IDAFIO 85714 Inter-Department Correspondence Ada County Highway District Commission To: Date: September 10, 1990 From: Development Services Subject: IBIl3D2l1N -s CU 225 FAIRVIEW AUTO SALES LOT (Terry Moore & Chauncey Wurst, 225 Fairview, Meridian ID 83642 - 888-4068) FACTS & FINDINGS: 1. Terry A. Moore and Chauncey G. Wurst request a conditional use permit to operate an auto sales lot on property zoned as commercial, located at 225 Fairview Avenue in Meridian. 2. Fairview Avenue 80-feet of right-of-way (which is adequate), and is fully improved, except there is no concrete sidewalk along the parcel frontaye. 3. E. 2-1/2 Street has 50-feet of right-of-way (which is adequate), and is improved with concrete curb, gutter, asphalt sidewalk for all of the frontage except the southerly 20-feet. 4. This project is considered a minor change in use of the property; there- fore, staff recommends that the standard street improvement require- ments be waived. Requirements are provided to Meridian Planning & Zoning as conditions for compliance. STANDARD REQUIREMENT: 1. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Combine utility cuts where practical to limit the number of pavement cute. Contact Quality Control at 345-7667 (with zoning file number) for details. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: John R. Stolley,.P.E. MERIDIAN/ZTR. 9-13-90 ~ s CONDITIONAL USE PERMIT MOORE & WURST AUTOMOBILE SALES LOT 225 EAST FAIRVIEW AVE. C O M M E N T S 1: Central District Health: No Objections: 2: Nampa Meridian Irrigation: Drainage must be retained on site. 3: City Engineer: No Objections: 4: Police Chse~f: No Objections: 5: Sewer Dept. No Comments: 6: Bldg. Department: No Comment: L;ENTRAL DISTRICT HEALTH DEPART`1F.~ ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard noise, Idaho 83706 REVIEW SHEET Return to: Ifoise _ Rezone # F~gle _~ Conditional U.se # / Meridian _ Preliminary/F'inal/Short Plae Ktua /f/~/~d-~ St/•s LoT T. /"l~/..t r C G/~i er _ AC7 1. / W'e have no objections to this proposal. 2. We reccxmiend denial of this proposal. 3. _ Si~ecific knowledge as to the e~ct type of. use must be provided before we can cament on this proposal. 4. We will require more data concerning soil. conditions on this proposal. before we c<an ccxrment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(s~ciiid lava) from original grade before we can cament concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal t.o be 1c~ated (2,4) feet ahove solid lava layers. 7. _ We can approve this proposal. for: _Central sewage Interim sewage Individual sewage _ Commutity sewage svsten and Central wafer Tndiv:idual water _ Ctxctnunity water well. 8. _ Plans for _Centr~l sewage Crnrrnutity sevkige systen Sewage dry lines, and _Central water Comrnu~ity water must be subuti.tted to and approved by the Regi<xcal Health and Welfare Environmental Services Field Office. y. Street. runoff is not to create a mosquito breeding problem. 10. _ Tfiis department would rec.annend deferral until high sea~nal ground water can be determined if other considerations indicate approval.. 11. _ If restrocm facilities ru-e to be installed then a sewage systenl"H1,ST be installed to meet: Idaho State Sewage Regulations. 12. _ We will require plans be submitted fora plan review for any (food establishment )(beverage establ.~isknent)(swinming pools or spas)(grocery store). 13. Reviewed by l~C.e {0 ~'~I I I I I I I~ I I I I I I I I I ~I I I I I I~ I4 I I` to n Fi n R ~. ~. 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K ~ ~ T N. n ~% N~ A K N a H m Hy n m p r-• K z o~ ~ czi i z y ~~ r m v t..i xl C zz ~o y o~ y 7J ~ r.: y m ~' ?~ A ~ CJ C ~ x H O f' mz ~ Cy H ~ z ~ c~ ~ ~ ~ ~~~' v ~ y ~ ~ ,~ ~ o ~ ~ ~ O ~ ~ 7 ~ ~ V ~ ~ pM. ~ H rL l ~ ~ ~ r' m rOr ~ r~ r ~p K p y~ 1\J/ r rr fo 'r ''~ L~7 'O K8 A~ L O r9- r- cn n p ~ C 3 r. e~ T- W ~ C O H r ~ ~ r a ~ x < ~ ° ~ x ~cw G'i N ~ ~. ro r-. a c N R w v ~i+ ~ ~ ~ -. o ~ m ~ ~ o K ~ N y rr y u NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on September 18, 1990, for the purpose of reviewing and considering the Application of Terry A. Moore and Chauncy C. Wurst, joint applicants, for a conditional use permit located on a portion of Lot 2, Chapin Subdivision, Meridian, Ada County, Idaho, also known by the address 225 East Fairview Avenue, Meridian, Idaho. The Applicants proposed use is for an automobile sales lot. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public is welcome and invited to submit comments. DATED this~~~ day of (~ y a V s ~ 1990. JACK MIEMANN, ,ZITY CLERK AMBROSE, FITZG ERALD d CROONSTON AIIOmeye aM Couneeloro P.O. Box t7/ MxlElen, IOMo &TM2 TebP1~oM BB6NB1 NOTICE OF PUBLIC NEARING PAGE - 1 ~ ~ '~ .. 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F• n y H ~ L] O. L~TJ H ~ ~~N ~~ r~ ~~ r m ~ ~ 3 tbi7 ,may,, ~~ ro ~ o a Z ~ n w ~n ~G rOSr ~ ~ ~ H U ID cOr y y Prior to ~rtting a Conditional Use Permit, the Cou~may request studies from the planning staff or public agencies concerning the social, economic, fiscal or envvonmental effects of the proposed conditional use. A Conditional Use Permit shall not be considered as establishing a binding precedent to grant other Conditional Use Permits. A Condi- tional Use Permit is not transferable from one (1) pazcel of land to another. 2-418 I APPEAL OF COUNCIL ACTION (For required procedures, see Section 2-416, Zoning Amendment Procedures, of this Ordinance.) (Ord. 430, 42-84) 2-418 J TRANSFERS 1. Old Town -Conditional Use Permits for land in Old Town may be transferred from old owners to new owners or from old occupants to new occupants or from Gke to like uses by petitioning the Zoning Administrator for approval. The Zoning Administrator may approve or deny the transfer or refer it to the City Council for decision but no public heazing shall be held. Appeals may be taken from the Zoning Administrator to the Council. 2. Non-Old Town -Conditional Use Permits for land in any other district other than Old Town may be transferred from old owners to new owners or old occupants to new occupants for the same use for which the original conditional use was granted by petitioning the City Council. The City Council shall hold a public hearing on the petition after notice of said hearing having been mailed by certified mail to all property owners within the subject land and to all property owners within three hundred (300) feet of the external boundaries of the subject land. 2-419 VARIANCES 2-419 A The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non- conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hazdship. A variance application does not go to the Commission unless directed by the Council. (ora. ago, l0-20-8~> 2-419 B APPLICATION AND STANDARDS FOR VARIANCES A vaziance from the terms of this Ordinance shall not be granted by the Council unless and until a written apphcation for a variance is submitted to the Administrator and the Council containing, where applicable. (Application available from Administrator J: 1. Address of subject property; 2. Name, address and phone number of applicant; 3. Name, address and phone number of owners of subject property; 4. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner; 5. Legal description of subject property; 6. Present use of subject properly; _gl_ r NAME: ADDRESS: r~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ~ ~~ ~,~' ~ ~it ,~ ..~1 ~ ~ ~'d~t.C_ ~ ~ ibl~n J W ~ti ~ ` ~o l G~ GENERAL LOCATION: DESCRIPTION OF PROPOSED CONDITIONAL USE: ,` / . i Il ZONING CLASSI CATION: PLAN: A plan of the proposed site for the Condit?oval use showing the location of all buildings, parking and loading areas, traffic access and traffic ciccu- 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 ~T~~purpose of the~H~earing i/s to co/nsi`der a CONDITIONAL USE PERMIT submitted by ~'l. ~~~/ i'/; O 6 A P ~, l 1 !~ d° '~ ~'`t C~,~ Cf P ~t~ Y 9 ' Y for the ro rt enera~l described as loEsted at ~~ ,~ ~ ~~ / ~~~ / ~ (,U ~UpC ~~~Au SUBDIVISION_ [~, ~J ~~/ ,(J ,SG~BLOCK LOT NUMBER '~ GEC/ G//~S ~ i7~ ~ ~!%`"l~ 6 /t'`~ .~~ o G/,S' 2 ~~e /lQ _ ~' ~ _ ~S" ~ ~' ~e f ~C o ~~ ,,fie _ ,U c e_ _ ~~_~~.u _u~~ ~ ~P~ Coati ~~ , ;~~ ash>o ~ ~~~~~~ ~9 ~~~ ~~e~wao ~~~~P~~~ .~iQ` G/ SCE ~~7~ ~,S'T _,C~ __ ~~ c~~nd~iC /S/ /~~9 GC/c~~s~ ~~~~~~/ ~~~ C~~~c~aa ~~/'!XG- ~~.~~_ - / w .,,,•• Ll~7}Z ~: 20020 " ~ ~4 / \_) `- ----- / I .. • v.v _. i ~ . ~.~~ ,; .- / ~ ~~.~ y ^V .1.. I O • .~ M' "w ~' ~ ~ ~ ~ '1 1 a :I ~ 5 I ~~~ •. . a i ,> __ __ , sI',o .,.~ r.. z ~ ~ ,* • ;% ~ °~ ~ w • p ~ _y. ° ~ ~: • y -° ~ (~ .. ~ls oar .3 ~ •~ ~ ~!, ,... o •. yin fl/ ''(, L [ ~ ` :.fit - - ~ n r. ~ ~ myb •: F _C'^ ~, ~ a j w w 'w ~\ ` rtl n ~ w m ' T ~ ~ I~a.. 'V ~ mt r. fff •. t ... . ' L r .. 1 7 . .. h .. . e ~ ... ' . • ! 1 !r ~ IJ N M 19 9YI /~ ' 1 1. UJ I a W/ / . l • ~ t 1. V > ~ ~ a •1. Kds ' f Non +^' ? >!/~ /'n s. r a us+ +n fn y ' ~ - 1 s s! i !.. 1 t psl / ti yr ~ ~~., ~ .,. ~ % 1 r. ~ ~ .a4a ~ ~ , ~y. '~~ " °~ y ~ ~ x,~ r FT ! r } ,. GIs ot.~ 1} \ '..,~~! " , ' '[ '. r.+ .. `` f! J• ~... I fr r rn .. Q as[ ~' i ` yr V 1 ~ ~ / _ • fY9 1 r w f ~ 1 //ffV// 1 L ~*w Y t K, tl' i /O .~I. ~ I i~ it - • ~/ ~P~ :~?, n e! 55 ~ ~:: m n `ii SCi i aVe. Pr= 3" gr. f ~~ 'ak "r'ea` ~ _ ~~ inR: I • ... BERRY TEAL. ARCHITECT .. . t • • ~y ~0 5 awtiQ~ ,~Cc cps 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 materials. 3. Three-fourths (758) 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 LOCATED AT USING THE PROPERTY MERIDIAN, FOR THE PURPOSE OF NAME ADDRESS PHONE DATE ~b~ ,un ~~aa ~i per ~ ;~llf w - o~~~ v. y.F s~ o - s e o ~ - s - ; s,~~~- ~4~~ ~` O /7 OS ~' /J7~- ,(pc,c. o _ ~.r o~ . a F av 6C.' r ~' >> d - REAL ESTATE PURCHA • D SALE Af>iREEMENT AMID RECEIPT Fpp EARI~ST MONEY (TNa roan ~a road ONLY DY members of as NetlonN Asaoc4lbn or REALTORS) ,,•• This coaroct stipulates Me terms a seta of the properly. Reed earNUlly baton slgnMg (MeludMg MtormNian an ravens side). This is n Ispaly Dindirp crXMea. ~ VOU WIVE ANY QUESTIONS, CONSULT VOl1R ATTORr)EY BEFORE SKaMNG. ors na er ee a uyer' sprees to purchase, and the underelgned Seller egress to salt the lollowinp described real asters haroinaner refertad to as "promises" 6 commonlykrmwnae22S Fairview Av E. cnra~l~ridian Ogpaypf ,Ada ,w.halegay0eagrWad.r. Legal attached' e r e (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACIED OR WRITTEN ON TIE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer a hereby auMonzee broker to insert over hie signature the cortea opal tlescnption of the promisee N rmevailabb at Me time a signing, or to Correa Me legal description to prevbusly entered if ertonsoua or McompletaJ EARNEST MONEY. r t rz (e) Buyer hereby deposits ae earnest money andarecelpt is hereby acknowledgetl ofFi yP ThnltSAnd tnd nn f 100--------- dalare to (S ~.Q.O..-O.~.na) evklenced by:O Caelx~Paraonal Check O Cashiers Check p Nae Due pow r4 (b) Esmeat Money to bedepoaitetl in trust account upon acceptance by all parties and shall be held by O L/iet~ing Broker ^ Selling Broker ^ Other ~ oa for the benefit of the Dartlea hereto, and ~Q e D s t @ r f,..me r i C a n R >! I y ~ (Broke,) to shall hold the completely executed broker's copy of this agreement antl ie reaponeibie for Me closing. n (c) nail condniona have been met by Buyer, Buyerand Seller agreeMataeeameat money(bsacredn report fees, antl any aher BUyer etoata)ahall be refunded to BuyerM to the event the financing contempletetl herein by Buyer Is not obtainable. to (d) Tha parties agree that 80 f; a Title Company shall provide said tole policy end preliminary report of commitment and the "cloMrp 20 agent" for this trenaeaion shell be S fl a r0 n w 1 l S 0 n . H e lore-term eauow/eolleaion la involveQ then the escrow holder shat/ be zr Erise>c,Yi>t~l~ex~~r~lx M/A 1. TOTAL PURCHASE PRICE IS Eighty Thousand and .na/100-----------DOLUns (t8~•000.OD------) 2e IsaYaDN as lolbwe: . 2, e. S 30.000.00-------------~-------~:eah tlown, MaudM above EameatM g oney (Closing costa ere atlditionap. zb D. s 50a.Q00_00----------------------galanceof thepurchaeeprice(M.I.P.naincluded). za 2. FINANCRiG. This agreement is contingent upon Buyer quelityin0 for. zY OFHA ^ VA O Conventional ^ IHA. Purchase loan balance ea nolerLabove for a period a ~A- years at ~A- % per annum. (n FMA or VA ban is sough, 2e roatl the eppllcaDle provisions on the reverse aide hawse.) Buyer shall pay no more then ~A-points plus originatbn fee it any. Seller to pay only Me dfecamt 2s points neceaeary in order to obtain above deacribetl financing but not to exceetl ~.~b. ao ^ Buyer to ASSUME and O will ^ will not be required to quality for en EXISTING LOAN(S) of approximately S N ~ A at no more 1henN~% with monthly sr paymema of approximately S N~ ~ P ~ 1 p T O I p. This agreement p is O fa not comingem upon Lender releasing Seller's liebilny. 3z Type of loan ei-'w ~4 a~_. Buyer shell apply for each loan or assumption within three (S) banking days soar Seller's acceptance of this agreemem. ss OTHER FINANCING, TERMS 8 CONDITIONS: as s6 c.tt ~.. a.- -..-..a J- ..--e Ll ..-e,a..w w! nwwwl wi nwwn~w•u_ tiwwe a.u wL a9 9r " ^~"DIM FOR BALANCE"OF CONTIN6ENICES• ae 3. TF115 AGREEMENT ^ b O k not CONTINGENT upon sale end closing of ~:., E on a Detore se N / A -- listed with - ~o (H a comingency is noted please reed applicable Conditions in Paragraph # 15 on reveres aide. NOTE: Any waiver by the Buyer under Chia section will be a waiver of ALL ~r tontingenaee. including financing.) ~z 4. REMS SPECIFICALLY MCLUDED IN THIS SALE (if FHA/ VA financing is sought sae Item # 14 on reverse aide): 4a • 4e to ~~l t1~A-^~~QIIS-k_. rha4r~ca ~ She~yae-~ ~° 5. fTEMS SPECIFICALLY EXCLUDED IN THS SALE: ~ e. COSTS PAID 8Y: Coats in addition to those listed below may Da inverted by Buyer end Seller. Unless aherwfee agreed herein,or provided by law or required by lentler, 4e Buyer shall purchase Seller's reserve account it loan assumption. zi -__ _.. _ _.__._..._______t.,_e_,:_.-__..__.e., .wwuo...a.......u,,.....:n n„ __. .See Rem #17 on reveres side. b U rea unv. rurunaac, a u.e„~w .....o,ov~ ,,.- • =^•-r •~.•__.__..~_... _.._ ~. _._._._ ~_ _ _, If requested by lentler or otherwise stated herein, the below soars will be paid ea indicated. Costs Lean Well Pumpllnspea Pall By Appraisal Aswmpt. Inspect. Sptic ClrylCOUnry Canhact andla Closing Lotp Term LerMer or Code Inspect. Document Agent's Escrow Code nrequlrM Prep. Fee fees Repairs eurEa NIA sEUEa 9aNEEpIALLY Cost a lentler or cotle repairs not to exceed Discount Pointe to agreed on Ilrre 29 end 90. SELLER UNDERSTANDS comply with Me MusirW code R4E7FERORNOT'A, SALE IS COMPLETED UNDER TMSAGREEMENT. - 7. POSSESSION. Buyer shall be entitled to possession on O closing ^ other . "Closing' means the tlete on which all documents ere enherrewMatl oraccepted by en eacrav agent antl Me sale proceeds are avefleb std Se ~'cTexes and wateraasesaments(using the last available assessment aea Deals), rents, insurance premiums, interest and reserves do liana, encumDrancea ar oagetiona assumed end ailXiea shalt be pro-ratetl ae of .Buyer span pay for fuel in tank, amount to be delerminetl by the supplier at Setter's exprmee. 8. CLOSI . On r before the closing date, Buyer and Seller shall deposit with the closing agent all funds antl instruments neceaeary to complete the sate: The cloaMg date shall be no later then 9. ACCEPTANCE, Buyer's otter B mega subiect to the acceptance of SelitX on or before 12:00 o'clock Itdgnight e! ~ w • t e t o Dp E SeINr ~ acceptance 01 Buyer on or before 12:00 o'aock mitlnight of ~_'~.~--~.¢~~ - .TIME IS OF THE ESSENCE OF THIS AGREEMENT: t0. MAPORTANT -AGENCY DISCLOSURE. At the time of signing aria agreement Me gpMl-working with tYn!buyer reprssentetl ~ a t 1 s t ant The agent workng wiM the seller representetl _~s~-~ .Each party eignin0 this document confirms that prior wdnen disclosure --al6gescyweeprovided to him/her inthi~traneaaion.Eeq p-artylo-M`ia transaction has readand underetenda Macontents of theagencydi~clo~ure brochure prsviousy rocaivetl. ea 62 to w as 6s sr se to M I ee- ' ea ee er ee Uetin nc Selling Agency:-~..o-.-~-~r-~~~~ as gA~ Y: Phone: q-r~ qq~ B _ • Thors,6 Phone:~Z34a BY: ytY~CyY'0 Y:--J~C--fF~--~..~wr~ Bu ~ Buyer's Atldreea: n Buyer: Buyei s l'trone: Reaitlence Business r2 On this tlate. I e her y approve antl accept the sale set forth in the above agreement and agree to carry out all the terms hereof on the pan of the Seller ant the ra untleraignetl lurther agrees to pay a total brokerage lee of to the above nemetl Broker(s) la rtrevicea. 7x Brokerage lee will be paitl in cash unless otherwise epree0 in wnli .. r6 I/ Wa W acknowletlge cei SPY or m a9reemeM nsd both parties. ,1 ,y rO Se Det /O 3O'S'E'l~ l'f U 7 x/17 J A! j. /ryE.4~12/vrjyv ,gyp ~ Salbr's Adtlresa: - ~ SeN r e[L~re: Seller's Phone: Reaitlencea.Q 8 x-30 ~'S'~ Busineas~~ D-i/~6:3 re A true copy of the foregoin agreemanL signed by tae Seller a con dining the roll a complete legal description o/ the Oremisea, is hereby received on Mis ss tlaY Of .19 ~. M ' Buyer: er O SIDE OF THIS PAGE SHALL ALSO CONSTITl1TE PMT OF THE AGREEMENT OF TIE PARTIES. EACH OF TFE pARTE8 a2 ACKNOWLE S R ING TIaS AGREEMEM ee FULL. ~ ` ~ry/~~~~~l~ ~ OCJ,~ W e ~ V (1R~ r RF 21 REV. 1t/M M B„y.ry ~ Sener's initial _ _ OFFICIALS JACK NIEMANN, City Clerk JANICE GA$$, Treuurer BRUCE D. STUART, Weter Works Supl. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Weter Supt. KENNY BOWERS. Fire Chiel BLLL GDRDDN, Police Chist GARY SMITH, CIfY Engineer January 2, 1992 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (7A8)888-4433 FAX (208) 887-08] 3 GRANT P. KINGSFORD Mayor State of Idaho Department of Transportation Vehicle Services This letter is to verify that the property located at 225 East Fairview, Chapins Addition Annexation, is zoned properly under the Ordinance's of the City of I~xidian for use as a Putomobile Sales Lot. Sincerely, HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 2 COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT OIEBLER MA%YERRINGTON Cnalrmen Zoning 8 Plannlnp JIM JONNSON • HUB OF TREASURE VALLEY • OFFICIplS JACK NIEMANN, City Clerk JANICE GASS, Traaeurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD. Waste Water Supl. KENNY SOWERS, Flro C~lei BILL GDRDDN, Police C~lei GARY SMRH, Gfy Enpinser A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888433 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R.TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON GMlrmsn Zonlrp 8 Mnnirp JIM JOHNSON December 21, 1990 State of Idaho Department of Transportation Vehicle Services This letter is to verify that the property located at 225 E. Fairview Chapins Addition Annexation, was granted a Conditional Use Permit for a Automobile Sales Lot in compliance with the City of Meridian Ordinance's on October 15, 1990. Sincerely, PS Form 3877, Sept. 1986 - FOR REGISTERED, INSURED, C.O.D., CERTIFIF,~ AND EXPRESS MAIL W ~ r »» ~n A . • O ~O OD J o. VI w N m r~D c m ° rq3 a D m~+2 eo ~ ., ~ z ~ x o S °.~ QJ ~ 6~1 l7~ ,P W N . 7 3 o - v 2 Q n_ • + .~r. p'i t o Q $ ° N N CA 0 N 1 W O ~ . z O IP 0 O I,,I ~ 8 ~ »3 ~ rn ,p l0 .:: rn m N m...i c~: ~ • :~ o'o W q ~ ~ q . ~ m 0 b z ~ ~ ~ ~ ~ -1~3 O H H . $ [T7 N H H v i m $ ~ Liz ~ !-! . ~ ~ !-! ~ d _ ~ Q 1/ O H ~' ~ N d ~ H H d ~" ~ ~y ! J ~' H yq. 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