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Home My WebLink AboutCesler, Richard CUP HUB OF TREASURE VALLEY ~ OFFICIALS . COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief Plan MERIDIAN IDAHO 83642 ner 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief , ~~~~~~~,,.~~ JIM JOHNSON WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888jt433 • FAX (208) 887813 ~ Ch airman -Planning 8 Zoning Public Works/Building Department (208) 887-22! 1 GRANT P. KINGSFORD ~ ~ ~~ ~ ~ 1~~~ T v ~,a ~t Mayor C~i I OF t~.~~~D~AI, TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 7, 1995 TRANSMITTAL DATE: 1/23/95 HEARING DATE: .2/14/95 REQUEST: Conditional Use Permit for Car Stereo Sales and Installation BY: Richard Cesler LOCATION OF PROPERTY 01~ PROJECT: 930 East First Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z -TIM HEPPER, P2 ,-GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY ,-CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ~ ~ ~~,_~- L c :S t..~ ADDRESS: ~ jC~ .7 ~~ ~/ Lt G/ G} , _ _ _ GENERAL LOCATION: /~~~1 ~ • /`~~3~ ~f~ ,~~.Q~~i~~~ ~~• ,~ti~~ DESCRIPTION OF PROPOSED CONDITIONAL USE: ~~~'~ ~~~~~ ~ ~.5~~5 ~~~J ~~.s i~i~7~c~~~' ZONING CLASSIFICATION: C~ ~ 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 circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). ..~~~ Signature of Applicant 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 ~ ,~ I'~` ~~~~= °~=~~ ~ ~ ~ -r ~' ` at ~ ~~ ~C' ,' . m. The purpose of the ~ ~ ~ ~ - r Hearing is to consider a CONDITIONAL USE PERMIT submitted by ~/ ~C'}l%,rl ~~~~ ~~S ~r ~ for the property generally described as located at =~ /'~~~; ~~ ~f' ~'~~ SUBDIVISION, BLOCK ~ , LOTS 1 ~ ~ i ~ - _~~' TO ~~ ~l~!,~ t1 [h~' ~~f~,~~c- ~ Ire's- ~;~~~ ~%~S~f~ ~Ic.~~~~-,;. ~'~~~,~~ rs~ Y ~ ~ ~' ~ /3 • 1!3!95 Applicant: Richard H. Cesler, Joyce A. Cesler, Margot Shay DBA The Power House, Car Audio Sales and L~stallations 210? Bentley Meridian, Id 83642 208-887-0913 Properly Owners: L.D.W. Inc. 914 Houston Rd Boise, Id. 83706 208-887-7864 Properly Manager: J.A. Consultants, Inc. 400 W. Victory Rd. Meridian, Id 83642 208-890-1821 Please accept this letter as a request for a conditional use permit for the property located: 930 East First Street ,Old Town of Meridian The legal description is F.A Nourse's Subdivision, Second Addition, Block Two, Lots 18-19-20 Inclusive. The properly has not been in use for several years. It was formally used as a automobile service station, but that use was ended several years ago. I intend to operate a Car Stereo Store. The property use therefore would be to provide audio equipment for retail sale and installation services. The building will not be extensively remodeled as its present outlay is sufficient to serve the needs of the store I intend to operate. The use of this property will not endanger the general public in any way as no combustible or hazardous materials will be stored on the property. The prese~rt zoning is O.T. which I have been told stands for Old Town The use ofthe properly would fall within an acceptable use per City regulations. • The physical outlay of the subject properly has su$icient parking off the street to make this use practical. There is also adequate access to the public roadways from three service driveways. I agee to pay any additional sewer, water or trash fees or charges associated with the use of this property. I further state that I have read all the i~ormation available with regard to the issuance ofthe conditional use permit I am also aware of Ordinance No. 649 Title 8, Chapter 16, of the revised and compiled ordinances of the City of Meridian by the addition of a new section to be known as section 1612A, Public Disturbance Noises. I will post this ordinance on the property and do all possible to help enforce it's application I do not intend this location to became a problem for the surrounding buildings or residences. It will be operated as a retail outlet and done in a very professional manner to abide by all applicable laws. Submitted for your approval; Richard H. Cesl ,~ ~~ ~ ~ ~~ ~~ Joyce A Cesler Margot c. shay n j! j. ,~~~~ l • C L D W, INC. 914 HOIISTON BOISE, IDAHO 83706 January 13, 1995 City of Meridian Meridian, ID 83642 Please be advised authorized to seek property located at that Richard Cesler and The Power House are a conditional use permit for the L D W, Inc. 930 East First Street, Meridian, Idaho. L D , nc. i arianne Williams, Sec. STATE OF IDAHO County of Ada ss. On this/`J.~ay of January, 1995, before me, the undersig~e , ~ Notary Public in and for said State, personally appea e /~~(,(~(«!"!".~(, r~-l~t~ t iLrn~ known or identified to me to be the ~ of L D W, INC., the corporation that executed the ithin instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. /, /~ ~ ~~CrX-PAL terry Pu lic for Idaho esiding at Boise, Idaho My commission expires : ~- /J-~ ~ ~? • ~I I _•~ 1Y p\ :~ _~ h ii o-.O~ ~ ~ N ~ ...._ ~ i i ~ ~ , I .. ~ J I/ 1 J ` .~ ..._ I ~ ,i 1. ~ ~ . _. . ' :-? ~ '~. •a0 \ / ~s '` 'D ~ -- f ~ / ~ ~ ~ ~ -- . ~l z ~ ~ i 4 •1 f .. ~ .r r I~ - :~~ ~ Q t ~ / i. , ~ S ~ __, i ~. ~ ~ ~ i • •.~' I ~ ~ I Fn .. - rlo~Sa. - I -- -- - ~. Il~t~ t' ~- V/_. Z • `O ~~ i ~. 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Cesler Conditional Use Permit Car Stereo Sales and Installation 930 East First Street 1" = 300' L S ~ ~ t '~ `// s• • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON GARY D. SMITH, P.E. City Engineer ROBERT D. CORRIE WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAH083642 Planner&ZoningAdministrator GORDON, Police Chief W.L. "BILL JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:__February 7, 1995 TRANSMITTAL DATE: 1/23/95 HEARING DATE: 2/14/95 REQUEST: Conditional Use Permit for Car Stereo Sales and Installation BY: Richard Cesler LOCATION OF PROPERTY OR PROJECT: 930 East First Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: U L D W, INC. 914 HOOSTON BOISE, IDAHO 83706 January 13, 1995 City of Meridian Meridian, ID 83642 Please be advised that Richard Cesler and The Power House are authorized to seek a conditional use permit for the L D W, Inc. property located at 930 East First Street, Meridian, Idaho. L D , nc. Y/ ~GC~~G ~~0%~~i,~~` arianne Will`'i.ams, Sec. STATE OF IDAHO ss. County of Ada On this/ V ay of January, 1995, before me, the undersig~}e~l, ~ Notary,Public in and for said State, personally appeaXe ~C#~(G ~LG~,C~known or identified to me to be the of L D W, INC., the corporation that executed the ithin instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~~ tary Pu lic for Idaho esiding at Boise, Idaho My commission expires : ~- ~d-~ J N rtm .•w~ r+•s w.. f• O ~ ~ W s ~~~ W ~ 3~oS ;t•tsat•frr nN ~ N 3 • ?, M ~ v ~ ;,.. 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Cesler Conditional Use Permit Car Stereo Sales and Installation 930 East First Street 1" = 300' i S • ~ t /~ `.s ~ _ . ~ r• S ~ (V A N - - 7 f ! /e ~~ u ~ s ~ ~ a rs ~.~~- . Js J J 9 2 x~o y ~` 'h~ Ka /P'l1, K • ~,q f- 3~ . ~Ka~ W ;_ W ~ ~nr..~-i-= --- ~'~~a.+ N~ ~ s 7~ s ~ I _;~ F- '• In +,I1 1 1 1 1 1 1 • • ~I _+~ Y 'r~ o-.O ~ i .. • • . - i j ~ ~ ~-~1 Q ~ ,~ ~~ W _ ~ -- ~ ~` ~ ~ :Z z s ~ z ... .. ` ~J 1 J // ~- - - - - ~ . ~ ~ ~- ~ , .~ w I c ~~ - .~ o ,~" ~ w r ~~ N / '< ~ N ~ Q / / I, S S° i i` ` ~II . ''t~ I ~ ~ I I .. ~~o ~5 ~ I - --1 It°~1~ _ _ '~ . F~ .... ~ ~- ~. ~0 ~. _-~ ~i •i . and a~~ ` • • N CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ADDRESS: tJ~ jG~ ? /~- ~/ t ~•~ ~~~z GENERAL LOCATION: ifl~` ~ • /`~~~~ ~~ /I~i,~i~ ifI /~ ~ -~-(/ • O~L DESCRIPTION OF PROPOSED CONDITIONAL USE: C~!Q ~~~w ~,.f~~5 A~ ~ /,~ s ~~ i/..AT?a~/ ZONING CLASSIFICATION: l/ ~ 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 circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). Signature of Applicant 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 E ~ ~~~~~~~~ ~ ~, ~ ~ ~ _ at .~-3[' ~.m. The purpose of the ~, t~," Hearing is to consider a CONDITIONAL USE PERMIT submitted by ~rC'/r.~,'r~ ~~. L('S ~~`'~ (- for the property generally described as l/oJcated at l C ~C1 ~ ~ 1" I ~~~ _~~Tf~L ~~ ~ /7 . ~~~Carr~'~ .,~ ~`~'~ ~~~~~~ f ~ c: n SUBDIVISION, BLOCK ~ ,LOTS ! ~ % Jl~ l ~1 1 ~ TO l1 ~l/,~~~ c ~ ~~~/' ~I f ~f'Cy ~ ~t`'S ~i~ l~ /~~S"1~-~~C. f ~„ ~G~~ii. ~S;.S • • 113!95 Applicant: Richard H. Cesler, Joyce A. Cesler, Margot Shay DBA The Polder House, Car Audio Sales and Installations 2107 Bentley Meridian, Id 83642 208-887-0913 Property Owners: I..D.w. rnc. 914 Houston Rd Boise, Id. 83706 208-887-7864 Properly Manager: J.A. Consultatrts, Inc. 400 W. Victory Rd Meridian, Id 83642 208-890-1821 Please accept this letter as a request for a conditional use permit for the properly located: 930 East First Street ,Old Town of Meridian The legal description is F.A Nourse's Subdivision, Second Addition, Block'I~vo, Lots 18-19-20 Inclusive. The properly has not been in use for several years. It was formally used as a automobile service station, but that use was ended several years ago. I intend to operate a Car Stereo Store. The property use therefore would be to provide audio equipment for retail sale and installation services. The building will not be extensively remodeled as its present outlay is sufficient to serve the needs of the store I intend to operate. The use of this property will not endanger the general public in any way as no combustible or hazardous materials will be stored on the Properly The present zoning is O.T. which I have been told stands for Old Town The use ofthe properly would fall within an acceptable use per Gity regulations. . • The physical outlay of the subject property has sufficient parking offthe street to make this use practical. There is also adequate access to the public roadways from three service driveways. I agree to pay any additional sewer, water or trash fees or charges associated with the use of this properly. I further state that I have read all the i~ormation available with regard to the issuance ofthe conditional use permit. I stn also aware of Clydinance No. 649 Title 8, Chapter 16, of the revised and compiled ordinances of the City of Meridian by the addition of a new section to be (mown as section 1612A, Public Disturbance Noises. I will post this ordinance on the properly and do all possible to help enforce it's application I do not intend this location to become a problem for the surrounding buildings or residences. It will be operated as a retail outlet and done in a very professional manner to abide by all applicable laws. Submitted for your approval; Richard H. Cesl ~ ~ ~~~`"'~ Joyce A. Cesler ~~ Margot C. Shay >i • • 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 Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,ldaho, at the hour of 7:30 p.m., on February 14, 1995, for the purpose of reviewing and considering the Application of Richard Cesler, for a Conditional Use Permit for land located in Lot 18, 19, 20, Block 2 in F.A. Nourse's Subdivision Second Addition, Boise Meridian, Ada County, Idaho, and which property is generally located on 930 East First Street. The Application requests a Conditional Use Permit for a car stereo sales and installation. Amore particular legal description of the above property is on file in the City Clerk's ofi•ice at Meridian City Ha11, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 23rd day of January, 1995. ~~L~~~ ~ WILLIAM G. BERG, JR., C CLERK • ~~ i i~ i O_ . DO 4 1 O • ~-a-~e ~1ve, I_on I _ ..._'. I i r T- i i ' i j . _ ?" O .'•, ~~:o ~ • I V ~ ~~ ~ ~~ N I ys . ~ I _ I `~ ~ Toll I 35~ obi ~' ~ 1 ~•- ~ _ I - -7--- ---i-- ... ._ T' ' , I ~. i ,, ~ ., ~ _ ~ S ~n ,} . 1`~/( ~ o D v . N T• Q .. ~ L O' ~\ ~I a ~;. o i `_; 61 ~ I .. I ~ ~` ~ __ u _ z. r / ~ I~_ ---- ~ ~ ,! i I~ 1 1 ~ r SG, -lll --- ~ '~, L.._ ~ ~ I ~~ z _. ~ ~ , -- - • ----~ -- --r Q . 9 ~~ r .~ ~~ l O,_O • LEASE THIS LEASE AGItEEIVIENT is made and entered into effective as of the day of January, 1995, by and between LDW, INC. , an idaho corporation (hereinafter "Lessor") , and THE POWER HOUSE, a limited partnership, consisting of Richard Cesler and Joyce Cesler, general partners, and RICHARD CESLER and JOYCE CESLER, husband and wife, individually (hereinafter collectively "Lessee") , WITNESSETH: 1. Leased Premises. For valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, for the term, at the rental and upon all the conditions set forth herein, that parcel of land and the improvements thereon situate in the County of Ada, State of Idaho, at 930 East First Street, Meridian, Idaho, and more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter "premises") . 2. Term. The term of this Lease shall be for a period of three (3) years, commencing on the 15th day of January, 1995, and ending on the 14th day of January, 1998, unless this Lease is sooner terminated or cancelled as hereinafter provided . 3. Possession. Lessee shall be entitled to possession of the premises from and after the execution of this Lease and the performance of Lessee's obligations hereunder. Lessee shall be entitled to possession so long as Lessee shall not be in default hereunder and shall pay and perform all of its obligations hereunder . 4. Rental. (a) The term "net rent" as used herein shall, for all purposes, mean a net return to Lessor of the amount thereof, undiminished by the cost of insurance, taxes and assessments or water, electrical, gas, sewer or other utility charges or LEASE - 1 • levies of any kind or nature whatsoever, and undiminished by any cost or payment for the maintenance, operation, repair, upkeep, renewal, improvement, alteration or reconstruction of the building and/or appurtenances thereto now or at any time hereafter, during the term of this Lease or any extension hereof . Nothing herein shall obligate Lessee to pay any part of any franchise, inheritance, income or profits tax which is, or may be, imposed on or by Lessor, its successors, legal representatives or assigns, unless such tax, however described, is levied or assessed upon the rent herein reserved, either as a substitute for real property taxes upon the premises or as an addition to such real property taxes . (b) Lessee agrees to pay to Lessor a fixed annual net rent of EIGHTEEN THOUSAND AND NO/100THS DOLLARS ($18,000.00) payable in equal monthly installments of $1,500.00, in advance, on the fifteenth day of each and every month beginning April 15, 1995 and continuing on the 15th day of each month thereafter during the term hereof, and such additional rental as is hereinafter provided for, upon the terms, covenants, conditions and agreements in this Lease set forth. (c) All costs and expenses which Lessee assumes anywhere in this Lease shall be additional rent . Upon default by Lessee, any such costs and expenses, at Lessor's option, immediately, or at any time thereafter, shall become due and payable by Lessee, as additional rent . Furthermore, if Lessee shall fail to make any of the payments required of Lessee, or shall fail to perform or to comply with any of the provisions on Lessee's part to be complied with and performed, Lessor, at its option, but without obligation so to do, may make such payments, or any of them, or may comply with such provisions or any of them, and any and all sums expended by Lessor, with interest thereon at the rate of 12$ per annum from the date of such expenditure, shall be additional rent and, at Lessor's option, shall be immediately, or at any time thereafter, due and payable or added to the rent due at the time such expenditures are made, or to any installment of rent thereafter LEASE - 2 • becoming due . Any such payment by Lessor shall not be deemed a waiver of Lessee's default nor shall affect it any remedy by Lessor hereunder, by reason of such default . (c) All amounts payable as rental shall be paid to Lessor at Lessor's address as hereinafter provided, or such other place as Lessor may, from time to time, designate in writing. (d) Upon execution of this Lease, Lessee shall deposit with Lessor the sum of $1, 000.00 . 5. Taxes and Assessments. In addition to the rent provided for in the preceding paragraph, Lessee shall reimburse Lessor for all real property taxes and general and special assessments levied and assessed against the premises, the improvements thereon or the personal property. Said reimbursement shall be due and payable within ten (10) days of the mailing to Lessee of a statement from Lessor indicating the amount owing for the period covered by said statement. 6. Utilities. Lessee agrees to pay, for the term of this Lease, as and when due and prior to any delinquencies, all charges for water, gas, electricity, sewer usage fees, telephones and all other utilities used by Lessee in the demised premises . 7. Insurance. Lessee, at its own cost and expense and throughout the term hereof, shall maintain insurance with respect to the premises of the following type and in the following amounts (a) Fire insurance with extended coverage, in an amount not less than $80, 000.00 or 100$ of the full replacement value of the premises and all improvements thereon, whichever is the greater, as hereinafter determined, together with insurance against vandalism and malicious mischief to the extent of the full replacement costs thereof . Lessor shall furnish to Lessee, on not less than three-year intervals, the estimate of the cost of replacement of the building and all LEASE - 3 improvements, and Lessee shall, within thirty (30) days, furnish to Lessor certificates evidencing said increase . (b) Public liability insurance (including elevator insurance, if any elevator) protecting Lessor against all claims for personal injury, death and property damage occurring upon, in, or about the demised premises and the adjoining sidewalks, streets, roads and passageways, with limits of at least $2, 000, 000 aggregate for injury, $1, 000, 000 for injury to persons in any one accident, and $1,000,000 for damage to property. (c) Such other insurance as is customarily maintained by owners of similar property in the locality, or as may be reasonably required by the holder of any mortgage affecting the premises . (d) The parties do hereby mutually waive as against one another all rights of recovery for damage sustained by either caused by the other to the extent that such damage is compensated for by insurance maintained by the damaged party; and Lessor and Lessee agree that no party shall have any claim against the other by way of subrogation and assignment . All such insurance carried by Lessee as required above shall be carried in favor of Lessor and Lessee as their respective interests may appear with Lessor named as additional insured, and shall, if required by Lessor, include the interest of the holder of any mortgage of the fee and shall expressly provide that any loss is to be payable to Lessor and Lessee and, if requested by Lessor, the holder of any mortgage of the fee, and in such event shall contain standard mortgagee clauses. Lessee shall deliver to Lessor certificates of all such insurance coverage or copies of such insurance policies, annually on or before the 1st day of January of each year. No such policy shall be cancellable or subject to reduction of coverage, or any other modification, without thirty (30) days' written notice to Lessor. Lessee shall, within thirty (30) days prior to the expiration of such policies, furnish Lessor with LEASE - 4 ~ i renewals or binders thereof, or Lessor may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee upon demand. Lessee shall not do, or permit to be done, anything which shall invalidate the insurance policies . 8. Inspection of Premises. Lessee has caused such inspection of the premises and all improvements thereon with which to determine the condition thereof, including but not limited to the roof, heating, air conditioning, electrical systems and plumbing, as Lessee deems appropriate, and Lessee accepts the premises, improvements and all equipment as is and in the condition they now exist . Lessee recognizes that the premises and improvements are being leased in their present condition, "as is," and without any warranties whatsoever, express or implied, as to fitness, merchantability, or any other factor. Lessor further makes no representations or warranties concerning zoning, access for commercial vehicles, building code compliance, or any other matter not set forth herein in writing. 9. Use; Compliance. The premises shall be used only for purposes of a car stereo shop and for no other business or purpose without the prior written consent of Lessor. Lessee shall not commit or allow to be committed any waste upon the premises, and will not carry on or permit upon the premises or any part thereof any offensive, noisy or dangerous trade, business, manufacture or occupation of any nuisance, or anything against public policy. Lessee shall comply with all laws concerning the premises or Lessee's use of the premises, including without limitation, the obligation at Lessee's cost to alter, maintain or restore the premises in compliance and conformity with all laws relating to the condition, use or occupancy of the premises during the term of this Lease. 10. Lessor's R,i~ht of Inspection. Lessor and Lessor's agents and assigns shall have the right to enter the premises during Lessee's business hours and upon the giving of reasonable notice for the purposes of inspection, compliance LEASE - 5 with the terms of this Lease, exercise of all rights under this Lease, posting notices, and all other lawful purposes . 11. Licenses and Permits. Lessee agrees at its own cost and expense to procure and maintain any and all necessary permits, licenses or other authorizations required for the use of the demised premises and for the lawful and proper installation and maintenance upon the demised premiss of wires, pipe, con- duits, tubes and other equipment and appliances for the use in supplying any service to the demised premises . 12. S ns. Lessee shall have the right to place such signs as may be reasonably necessary for directory purposes to advise people of its business, but prior to installation of the same, the location and nature thereof shall be approved in writing by Lessor and by any governmental authority having jurisdiction over the same. Any such consent by Lessor shall be upon the understanding and condition that Lessee will remove said signs upon termination of this Lease, and Lessee shall repair any damage to the premises resulting from said removal. 13. Fixtures. Lessee shall provide, install and maintain at its own expense all such fixtures as may be required by Lessee's business . All trade and other fixtures, equipment and furniture placed on the premises by Lessee shall remain the property of Lessee, subject to Lessor's lien thereon, as provided by law. The Lessee may remove such trade and other fixtures if removal is done so as not to damage the leased premises, and any such fixtures, equipment and furniture not so removed at the date of Lessee's vacating the premiss shall become Lessor's property. Any damage to the premises resulting from Lessee's removal shall be repaired by Lessee at Lessee's sole cost and expense within thirty (30) days of such damage. 14 . Maintenance and Repairs . (a) Lessee agrees, at its own expense, to keep and maintain the premises in good condition to a standard equal to or exceeding that existing upon the LEASE - 6 • commencement of the Lease term, to make all repairs, both inside and outside, ordinary and extraordinary, including but not limited to the roof , plumbing, electrical wiring, air conditioning, heating equipment, windows, doors, plate glass and signs, whether or not such repairs shall be of a structural nature, ordinary wear and tear excepted. As used in this paragraph, the term "repairs" shall include replacement and renewals when necessary; and all such repairs shall be good workmanlike character . (b) Lessor agrees to pay for any major repairs or replacement to the roof, plumbing, electrical wiring, air conditioning, or heating equipment as may be required due to ordinary wear and tear. Lessor shall not be obligated for any such major repair or replacement if the same is caused by the negligence of Lessee. 15. Landscape Maintenance. During the term of this Lease, Lessee shall, at Lessee's sole cost and expense, maintain all landscaping and the parking areas, sidewalks and stairways on the premises, as Lessee shall receive them at the start of the Lease . Such maintenance shall specifically include but not be limited to watering, snow and ice removal, and removal of debris . Lessee will replace any and all plants that shall be destroyed or die and Lessee will maintain the parking lot paving in good repair, ordinary wear and tear excepted . 16. Alterations. Lessee shall not make any alterations to the premises without Lessor's prior written consent. In making any alterations approved by Lessor, Lessee shall comply with the following: (a) Lessee shall submit reasonably detailed final plans and specifications and working drawings of the proposed alterations and the names of all contractors and suppliers at least thirty (30) days before the date it intends to commence the alterations . (b) The alterations shall be approved by all appropriate government agencies, and all applicable permits and authorizations shall be obtained, at Lessee's LEASE - 7 expense, before commencement of the alterations . (c) All alterations shall be completed with due diligence in compliance with the plans and specifications and working drawings, and all applicable laws. (d) The cost of any such change or alteration shall be paid in cash or its equivalent so that the demised premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the demised premises . (e) Workmen's compensation insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against Lessor, Lessee or the demised premises shall be maintained without cost or expense to Lessor at all times when any work is in process in connection with any change or alteration, and evidence of such insurance coverage shall be delivered . 17. Dama~+e or Destruction of Premises. Anything herein to the contrary notwithstanding, in the event that the premises or any improvement at any time upon the premises is destroyed by catastrophe, including war, insurrection or earthquake, then, and in such event, Lessee shall not be required to rebuild the premises nor restore the same to its previous condition, but such destruction shall not relieve Lessee from its obligation to pay rent hereunder. However, Lessee may, at its option, rebuild the same. If the premises or any improvement at any time upon the premises shall be otherwise damaged or destroyed, and as often as the same shall occur, Lessee shall promptly notify Lessor thereof, and the same shall be promptly replaced, repaired and rebuilt by Lessee at its own cost and expense, in such manner as to restore the improvement as near as reasonably possible to the condition prior to such damage and without any outlay whatsoever from Lessor. Subject to the consent and approval of the holder of any first mortgage on the premises and the terms and conditions of said mortgage, any insurance money, if available, shall be used in connection with such restoration as hereinbelow provided. LEASE - 8 • In the event that the premises or any part thereof are made untenantable as a result of any fire or other damage or destruction to the premises, the provisions of this Lease shall be unaffected, and Lessee shall remain and continue liable for the payment of the fixed rent and additional rent and all other charges by Lessee payable under any of the provisions hereof as though no damage had occurred to the premises, except that fixed rent and additional rent shall abate only to the extent of the proceeds of rent insurance received by Lessor under rent insurance policies furnished by Lessee under the provisions hereof . 18 . Condemnation. Anything herein to the contrary notwithstanding, in the event said entire demised premises shall be taken under any condemnation or eminent domain proceedings during the term hereof, or any renewal term pursuant hereto, or in the event any portion of said demised premises undertaken or uncondemned after any such proceeding shall not be suitable or adequate for the uses and purposes for which said entire demised premises then are being utilized by Lessee, then, and in any such event, this Lease and the term hereof shall terminate on the date of vesting title or the date upon which Lessee shall be required to surrender possession of the demised premises, or portion thereof, pursuant to the judgment or decree in such condemnation or eminent domain proceedings, whichever shall first occur, and Lessee shall be liable for the payment of rent and other charges hereunder only to such date. In the event that a portion of said demised premises shall be taken under any condemnation or eminent domain proceedings, during the term hereof, or said term as extended pursuant hereto, and the remaining portion of said demised premises not taken or condemned, shall be suitable and adequate for the use and purpose of which said entire demised premises then are being used by Lessee, then, and in any such event, this Lease shall remain in full force and effect, as to such remaining portion, except that, from and after the date upon which Lessee shall be LEASE - 9 • required to surrender possession of the portion of said demised premises so taken or condemned, Lessee shall be entitled to a pro rata equitable reduction in the fixed annual rent to be paid hereunder (due consideration being given to the respective rental values to the space taken and the space not taken) the amount thereof to be agreed on by Lessor and Lessee. If Lessor and Lessee cannot mutually agree on the amount of such reduced rent, the same shall be determined by arbitration as herein provided . In the event Lessor and Lessee cannot agree within ninety (90) days after such taking as to whether the condemned portion of the demised premises shall not be suitable or adequate for the uses of purposes for which the entire demised premises then are being utilized by Lessee, said dispute shall be settled by arbitration in accordance with the provisions hereof . In the event of any such taking or condemnation of said entire demised premises, or any portion thereof, owned by Lessor, and regardless of whether this Lease survives, the entire amount awarded for the demised premises in any such proceeding shall belong to and be paid to the Lessor and Lessee agrees to execute and deliver any assignment or other document necessary to permit Lessor to recover any such award . The entire amount awarded for any fixtures or equipment owned by Lessee in said premises, so taken or condemned, and for damages to any fixtures or equipment owned by Lessee in the demised premises, shall belong to and be paid to Lessee. 19. Liens and Insolvency. Lessee shall keep the premises free from any liens arising out of any work performed, materials ordered or obligations incurred by Lessee. If Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver or assignee or other liquidating officer is appointed for the business of Lessee, then Lessor may terminate Lessee's right of possession under this Lease, at Lessor's option. LEASE - 10 • 20. Indemnification. Lessor shall not be responsible for any defect, latent or otherwise, in the premises, or change of conditions in the premises, or for any damage to the same or to any person, or to goods or things contained therein, by reason of any matter or thing whatsoever, Lessee assuming all the risk and responsibility with reference to the present or future condition, tenantability, management, operation or control of the premises, and Lessee shall defend and indemnify Lessor and save it harmless from and against any and all liability, damages, costs or expenses, including attorney's fees, arising from any act, omission or negligence of Lessee, or the officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors of Lessee in and about the premises, or arising from any accident, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring in or about the premises. 21. Default. If at any time the net rent or additional rent reserved herein shall become in arrears and be unpaid for a period of three (3) days after written demand for the payment thereof, or if Lessee shall default in the performance of any of the other terms, covenants and provisions of this Lease on its part to be performed within thirty (30) days after written demand for the performance thereof, or if the demised premises become vacant or deserted while no rent is being paid, then and in such event, Lessor shall have the right to terminate this Lease and the term hereof as well as all of the right, title and interest of Lessee hereunder, by giving Lessee not less than twenty (20) days' notice in writing of such intention and upon the expiration of the time fixed in such latter notice (if such default shall not have been cured) this Lease and the term hereof, as well as all the right, title and interest of Lessee hereunder, shall wholly terminate in the same manner and with the same force and effect (except as to Lessee's liability) as if the date fixed by such latter notice were the expiration of the term herein originally granted, and Lessor may enter into or repossess said premises, either by force or summary proceedings, LEASE - 11 • or otherwise, and Lessee hereby expressly waives service of notice of intention to re-enter or to institute legal proceedings to that end. In the event of a cancellation or termination hereof by either the issuance of a dispossessory warrant or the service of a notice of termination as hereinabove provide, or otherwise, Lessee shall, nevertheless, remain and continue liable to Lessor in a sum equal to all fixed net rent and all additional rent and charges for the balance of the term; and Lessor may re-enter said premises, using such force for that purpose as may be necessary without being liable to any prosecution for said re-entry or for the use of such force, and Lessor may repair or alter said premises in such manner as to Lessor may seem necessary or advisable, and/or let or relet said premises or any or all parts thereof for the whole or any part of the remainder of the original term hereof or for a longer or shorter period. In Lessor's name or otherwise, and, out of any rent so collected or received, Lessor shall first pay to themselves the expense and cost of retaking, repossessing, repairing and/or altering the same premises and the expenses of removing all persons and property therefrom; second, pay to themselves any cost of expense sustained in securing any new tenant or tenants; and third, pay to themselves any balance remaining, and apply the whole thereof or so much thereof as may be required toward payment of the liability of Lessee to Lessor, for the sum equal to the rents reserved herein and then unpaid by Lessee for the remainder of the term. Any entry or re-entry by Lessor, whether had or taken under summary proceedings or otherwise, shall not absolve or discharge Lessee from liability hereunder. The words "re-enter" and "re-entry" as used in this Lease are not restricted to their technical legal meaning. The failure of Lessor to relet the premises or any part or parts thereof shall not release or affect Lessee's liability for damages or otherwise, however, either Lessor or Lessee shall and may seek to relet said premises to mitigate the damages of Lessee. LEASE - 12 • • Should any rent so collected by Lessor after the payments aforesaid be sufficient fully to pay to Lessor a sum equal to all net rent and additional rent and other charges herein reserved, the balance or deficiency shall be paid by Lessee following receipt of notice from Lessor of such balance or deficiency, that is, upon each of the rent days above specified, Lessee shall pay to Lessor the amount of said deficiency then existing, and shall remain liable for any portion thereof not so paid; and the right of Lessor to recover from Lessee the amount of such deficiency, or a sum equal to the amount of all net rent and additional rent and other charges herein reserved if there shall be no reletting by Lessor, shall survive the issuance of any dispossessory warrant or other termination of the term hereof . Lessor shall have the right to recover from Lessee (in addition to past due rent and other sums then owing) the total amount of minimum monthly rent which would be payable over the then remaining term of the Lease . Suit or suits for the recovery of any such deficiency or damages, or for a sum equal to any installment or installments of net rent or additional rent or charges payable hereunder, may be brought by Lessor from time to time at Lessor's election and nothing herein contained shall be deemed to require Lessor to await the date whereon this Lease, or the term hereof, would have expired by limitation had there been no such default by Lessee or no such termination. Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of demised premises, by reason of the violation of Lessee of any of the covenants and conditions of this Lease, or otherwise, provided, however, that should the premises be not relet then Lessee may, by payment of all charges, costs and rents due, redeem said premises . LEASE - 13 • • 22. Removal of Property. Any trade fixtures, equipment, or personal property installed in the premises by Lessee and not affixed to the walls, ceiling, floors, or other part thereof, shall remain the property of Lessee, and, providing that Lessee is not in default hereunder, such items may be removed by Lessee at any time during the term hereof . Those trade fixtures or equipment which must necessarily be affixed to the walls, ceiling, floors or other part of the premises in such manner that damage thereto will result from the installation or removal thereof, shall not be installed without Lessor's prior written consent and approval of the manner of installation. If so installed, they shall remain a part of the premises and shall not be removed therefrom unless Lessor shall demand their removal upon termination of the Lease, in which event they shall promptly be removed by Lessee, and Lessee shall be responsible for repair of all damage to any part of the premises occasioned by their installation or removal. If Lessee shall fail to remove any other property of any nature whatsoever from the premises at the termination of this Lease, or when Lessor has the right of reentry, Lessor may, at its option, remove and store said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Lessee . If Lessee shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may, at its option, sell or permit to be sold any or all of such property at public or private sale, in such manner and at such times and places as Lessor, in its sole discretion, may deem proper, without notice to Lessee, and shall apply the proceeds of such sale as follows : First, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due Lessor from Lessee under any of the terms hereof; and fourth, the balance, if any, to Lessee. LEASE - 14 CJ 23. Holdover. If Lessee, with Lessor's prior written consent, remains in possession of all or any part of the premises after the expiration of the term hereof, such possession shall be deemed to be a month-to-month tenancy terminable under thirty (30) days' written notice given at any time by either party. During any such month-to-month tenancy, rent and other monetary sums due hereunder shall be payable in the amount and at the time specified in this Lease. If Lessee remains in possession of all or any portion of the premises after the expiration of the term hereof, without Lessor's written consent, then rent shall be payable monthly in an amount equal to the rent paid for the last month of the expired lease term, without prejudice to Lessor's right to evict Lessee at any time, to seek damages for inability to deliver the premises to a successor tenant, or to pursue any other remedy available at law or in equity. Except as provided in this subparagraph, any holdover tenancy shall be subject to every other term, covenant and provision contained herein (except that Lessee shall not have the right to exercise any option or preemptive right granted to Lessee by Lessor) . The inclusion of this subparagraph shall not be construed as Lessor's permission for Lessee to holdover after the expiration of this Lease. 24. Surrender of Premises. Lessee shall, upon expiration of the term of this Lease or upon earlier termination hereof for any reason, quit and surrender the premises in good order, condition and repair, restore the building and premises to their condition as of the date of this Lease, reasonable wear and tear excepted, excluding, however, from reasonable wear and tear any damage which Lessee shall be required to repair, recondition or restore at the expiration of this Lease . In the event Lessee fails to complete such cleaning, repair, restoration or reconditioning, Lessor shall provide Lessee with written notice specifying the deficiencies . If Lessee fails to remedy the deficiencies within thirty (30) days, Lessor may remedy the deficiencies and Lessee shall reimburse Lessor for the costs and expenses thereof LEASE - 15 • within 30 days after being provided a written invoice. 25. Option to Purchase. Lessor hereby grants to Lessee the option to purchase the premises in accordance with the provisions of this paragraph, as long as this Lease has not been terminated and so long as Lessee is not in default at the time Lessee exercises this option. (a) Option Period. Lessee shall have the right to exercise this option to purchase, so long as this Lease has not been terminated, at any time during the term of this Lease (with closing no later than the end of the term of the Lease) . (b) Exercise of Option. Lessee shall exercise this option to purchase by giving thirty (30) days' written notice ("Option Notice") to Lessor within the option period . (c) Purchase Price . The purchase price shall be $130, 000.00, provided, however, that in the event any remediation of pollution existing on the leased premises prior to the date of this Lease is required by the Department of Environmental Quality or any other regulatory agency in order to transfer title to the property, the option price shall be reduced to $115,000.00 and the Lessee shall be solely responsible for any necessary remediation. The purchase price determined in accordance with the provisions of this paragraph shall be payable in cash at closing. (d) Transfer Fees . Lessee shall be responsible for paying any and all closing costs or other costs by reason of the sale to Lessee . (e) Closing. In the event that Lessee exercises the option granted hereby as hereinabove provided, the closing shall take place at or such other place as may be mutually agreed upon by the parties in writing, within thirty (30) days after the date and time of closing shall be specified by Lessee in the Option Notice. The fees of the closing agent shall be paid by Lessee. LEASE - 16 • 26. Waiver. Time is of the essence of this Lease. The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to waive the right of Lessor to require that Lessee's future performance be strictly in accordance with said term, covenant or condition. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. 27. Assignment and Subletting. Lessee shall not assign or sublet this Lease, or any interest therein, without the prior written consent of Lessor having been first obtained . 28. Notices. All notices required to be given shall be in writing and shall be sent postage prepaid by United States certified mail, return receipt requested . Notice shall be deemed given on the date shown on the return receipt . The mailing addresses for the parties are as follows: Lessor: LDW, Ine. 914 Houston Boise, ID 83706 Lessee: The Power House 930 East First Street Meridian, ID 83642 or at such other address as either party shall specify in writing to the other. 29. Integration. This agreement is integrated and contains the entire agreement of the parties; no representations, inducements, promises or agreements, oral or otherwise, not embodied herein, shall be of any force or effect upon the execution hereof . 30. Attorney Fees. In the event either party is required to retain the services of an attorney in order to enforce the terms or provisions of this agreement, the prevailing party in any litigation arising therefrom shall be entitled to recover LEASE - 17 l~J a reasonable attorneys' fee for the prosecution thereof . • 31. Broker's Fees. Eaeh party represents that it has not had dealings with any real estate broker, finder or other person with respect to this Lease. Lessee shall pay any commissions or fees that are payable to said broker with respect to this Lease . Each party shall hold the other party harmless from all damages resulting from any claims that may be asserted against the other party by any broker, finder or other person with whom the other party has or purportedly has dealt . 32. Amendments. This Lease contains all the terms and agreements between the parties and may not be amended, modified or changed in any way, except by a written document signed by all of the parties hereto. 33. Recordation. Neither this Lease nor any copy hereof shall be recorded by Lessee without the prior written consent of Lessor. 34. Governing Law. This agreement shall be construed, interpreted and applied, and the rights and obligations hereunder determined, in accordance with the laws of the State of Idaho. 35. Severability. If any provision of this Lease shall be declared to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision hereof, and such other provisions shall remain in full force and effect. 36. Successors and Assigns. All of the terms, provisions and conditions of this agreement shall be binding upon the successors and assigns of the parties hereto . IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first hereinabove written. LESSOR: LDW, I f'` `.', By LEASE - 18 • LESSEE: THE PO HOUSE, a limited Partnership By ~~ Richar esler STATE OF IDAHO ) ss. County of Ada ) On this `a.. #~day of January, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared ~f;RIA~yN,~, Gyi1-,G,~'pm ~ ,known or identified to me to be the .S~cK,c.?,qty of LDW, INC . , the corporation that executed the within instrument or' the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .L otary Public for Idaho Residing at Boise, Idaho /~ My commission expires: 9-/a "7 LEASE - 19 Joy e s er, in vidually ! i STATE OF IDAHO ) ss. County of Ada ) On this «x day of January, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared RICHARD CESLER and known or identified to me to be the general partners in the limited partnership of THE POWER HOUSE, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~-~ ~~~~ N ary Public for daho esiding at Boise, Idaho My commission expires. -~~~'j- STATE OF IDAHO ) ss. County of Ada ) On this day of January, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared RICHARD CESLER and JOYCE CESLER, known or identified to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission expires: LEASE - 20 EXHIBIT "A" Leal Description of Leased Premises Lots 18, 19 and 20 in Block 2 of F. A. NOURSE'S SECOND SUBDIVISION, according to the official plat thereof filed in Book 2 of Plats at page 64, records of Ada County, Idaho. EXHIBIT "A" to Lease F.A Nourses Second Addition Block 1 R61290100~05 Polly A. Peterson 844 Horizon Way Narr~a, Id. 83686 86129010015 Harry B. & Margaret Panulin SS East State Street Meridian, Id 83642 86129010425 Lary Bowen & Gale A. Cates 49 East State Street Meridian, Id 83642 86129010035 James A. Kline 43 East State Street Meridian, Id 83642 86129010045 Anther & Florence Hall 39 East State Street Meridian, Id 83642 86129010055 Paul H. Smith 29 East State Street Meridian, Id 83642 F. A. Nourses Second Addition Block 2 R6129410100/R6129410140 E. E. & Virginia Brineger 1639 Conant Burly, Id 83318 86129010110 Dale Rabehl 912 East Second Street Meridian, Id 83642 F. A. Nourses Second Addition Block 2 86129010120 H. R ~ Nola Holloway 127 Fast State Street Meridian, Id 83642 86129010005 Polly Peterson 844 Horizon Way Nampa, Id 83686 86129010130 Earl & Burnet#a Aldrich 121 East State Street Meridian, Id 83642 86129410150 L.D.W. Inc. 914 Houston Road Boise, Id 83706 F. A. Nourses Second Addition Block 3 86129010170 Richard J. Nourse 221 East State Street Meridian, Id 83642 Block 4 R6i29010190 Ruby Demon 9185 Coleen Drive Boise, Id 83709 86129010195 Hazel Gomes ~ F. Donaldson 24920 Outlook Drive Carmel, Ca 93923 • • F. A. Nourses Second Addition Block 4 86129010210 Valley Bible Fellowship Inc. 211 East Carlton Meridian, Id 83642 Block 5 86129010230 Dennis ~ Joan Nielson 101 East First Street Meridian, Id 83642 86129010241 / 86129010250 Brent & Gwen Alger 120 East State Street Meridian, Id 83642 86129010260 Richard ~i Jane Orton 134 East State Street Meridian, Id 83642 86129010280 Bill & Joyce Brewer (Buyer) P.O. Box 35 Meridian, Id 83642 86129410295 Bill & Fay Brewer P.O. Box 35 ~ Meridian, Id 83642 R61290I0130 Earl 8t Barnette Aldrich i 21 East State Street ~ , Meridian, Id 83642 • • F. A. Nourses Second Addition Block 5 Rb129010I40 E.E. & Viginia Brinegar 1639 Conant ~~~ Burley, Id 83318 Rb129010150 L.D.W. Inc. 914 Houston Street Boise, Id 83706 Block 6 86129010374 John & Ellan Robbins 32 East State Street Meridian, Id 83642 R6129010380/Rb129010390 Dorothy McClure 38 East State Street Meridian, Id 83642 86129010401 Loren & (3ayla Ross 1383 Linden+vood Meridian, Id 83b42 86129010411 Circle K Corp. #445 Property Tax Dept DC17 P.O. Box 52085 Pheonix, Az. 85072-2085 86129010425 Jamison & Tami Shoemaker 1031 East First Street Meridian, Id 83642 • • F. A. Nourses Second Addition Block 6 R612901044s LillaFay Hill s 175 Howry Lame Meridian,ld 83642 R61290I0464 Lois M. McDonald 47 East Carlton Av. Meridian, Id 83642 86129410470 Craig Dowm~m 41 East Carlton Av. Meridian, Id 83642 86129010480 Steven R Pletcher 3 s East Carlton Av. Meridian, Id 83642 R612901048s Mark W. Dale 31 East Carlton Av. Meridian, Id 83642 • • F. A Nourses First Addixion Block 1 86129000025 Margaret W. Smith 1017 Yost Ave. Meridian, Id 83642 Rb129000040 / Rb1290000b0 The Church OfValley Shepherds Nazarene Inc. P.O. Box 267 Meridian, Id 83642 86129000045 Joanne M. & Patrichia J. Young 4000 North McDermott Road Meridian, Id 83642 86129000070 Joseph A. Johnson II 2011 Vista Av. Boise, Id 83705 Block 2 86129000080 Terry Ec Renee Stewart 451 East First Street Meridian, Id 83642 86129000090 Loyd & Sally Jones 1420 Elm Place Meridian, Id 83642 • F. A. Nourses First Addition Block 2 85129000100 Richard & Marleen Ebotn PSC #2 Box 743 APO AA 340020000 86129000110 Ray Atkinson 124 Fast Pine Street Meridian, Id 83642 86129000120 Thomas 8c Colleen Made 380 West State Street Meridian, Id 83642 86129000130 Joseph & Mary Darosa 2615 Springwood Meridian, Id 83642 86129000140 Conchita Crosley (Trustee for) Myron Pro 3701 Highway 16 Eagle, Id 83616 86129000150 Carol Barrietua 914 East Second Street Meridian, Id 83542 86129000160 Ronald & Judith Larsen 2735 West Pine Street Meridian, Id 83542 •~ ~ • Townsite of Meridian Block 3 RS672000470/RS672000490 Meridian Church of the Nazarene P.O. Box 267 Meridian, Id 83542 Block 5 85672000775 Kenneth & Julie C~a-apatin 137 East Pine Street Meridian, Id 83542 856?2000785 Demond ~ Leora Deppe {BD 8c LM Co. trustees) 11725 West Iowa Ave Nsonpa, Id. 83836 856?2000795 City of Meridian Meridian, Id. 83542 RS672000805/R5672400815 Ralph ~t Fern ~tanpaepeghem 1490 Carol Meridian, Id 83542 Block 7 85672000940 Red Canyon Corp. 3424 Shadow Hill Drive Eagle, Id 83616 . L•A I_D I A-. .., ~ ...:::.......:.............._.:.._N ~f~ V~LUNTLEI~ F~DL DED~I~TMENT D*R'~ 116 N. MERIDIAN - biERID1AN, IDAHO 83642 I n ~ a ° PHONE (208-888-1?3d) FAX (Z08-887-4813) March 22, 1995 Richard Cesler 2107 Bentley Meridian, Idaho 83642 RE: UNDERGROUND STORAGE TANKS Dear Sir: ~ ^'~ il~ "A A ~1 ~a ~v~ ~ ~~:.~ c~.-.` c .. O~Q~ RECEIVED MAR 2 CITY OF i~L~IDIAH After our phone conference this morning, the Meridian Fire Dept. will give you 90 days from April 1, 1995 to remove the underground tanks located a 930 E. First St., Meridian. By June 29, 1995 the tanks have to be removed as required by code. The Fire Dept. requires that a permit be taken out and a 24 hour notice be given prior to removal. By signing this letter, you are agreeing to all of the above. Richard Cesler Raymond L. Voss Fire Marshal Meridian Fire Dept. • • Meridian City Council March 21, 1995 Page 48 Morrow: Mr. Mayor I would move that we approve the findings of fact and conclusions as prepared for P & Z with the deletion of the curb and gutter replacement requirement. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as prepared for Planning and Zoning with the exclusion of the curb and gutter requirements, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law with the exception of the requirement to replace the curb and gutter. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea Brewer: Gentlemen, as we tried to make clear Joyce and I neither one will have anything to do with the flower shop. The young lady, Brandi Barnhardt and her partner here they will be going into business there. Thank you very much. Kingsford: Well, welcome to Meridian, I don't envy you having to work with your landlord. ITEM #13: REQUEST FOR A CONDITIONAL USE PERMIT FOR CAR STEREO SALES _ _ AND INSTALLATION BY RICHARD CESLER: Kingsford: Mr. Cesler? Any questions for Mr. Cesler? Corrie: The tanks are out right? • • Meridian City Council March 21, 1995 Page 49 Cesler: No sir that is not correct, the indication that the Planning and Zoning recommendation that since I was intending to some time in the future purchase this property and had no intention to operate this as a service station and that I personally would like to have the tanks removed we are working in that respect. However, there has been a slight change in the last couple of weeks. The property is currently being resold and I am re-negotiating with a new landlord to operate my business there. It will be done, we have some contractual things going. But we need to make sure that they will work with me on this like the old landlords did about getting the things out. I did notice that in the recommendation too that there was a way of kind of easing past this a little bit if the Fire Department regulations were met with regards to leaving the tanks in the ground for a period of time until we can make arrangements to get them taken out. I intend that will happen but I don't know that can happen before I intend to open the business. I don't see that they are a hazard at this time. Those tanks are brand new they do meet EPA standards, they are vented properly. I would certainly be more than willing to work with the Fire Department to seek some sort of continuance before we have to remove them property so that I can occupy the building and operate the business. Corrie: Is there any gasoline in those tanks? Cesler: No sir, there was gasoline at one time but there is not gasoline at this time. As you might have noticed the pumps have been removed from the property. It has been re- concreted and there have been placed some seals over the ends of the pipes where that was taken out. Some pressure seals that meet EPA standards also. The venting for those tanks is at the top of the overhang. Pipes go all the way up that support and out the top so they are vented by EPA current standards also. Kingsford: Any other questions for Mr. Cesler? Walt Morrow: I have a question with respect to Ada County Highway District has recommended that one of the curb cuts be eliminated. Cesler: Yes sir due to my debating skills I did however convince them they should pay for that and they agreed. Kingsford: Congratulations are in order. Cesler: Yes I feel very good about that one, it is in their report also that they do consider that a hazard to the new standards for setbacks and that they recommend it be changed to sidewalk, curb and gutter but they are going to pay for it and will do it. Morrow: And we have documentation of that? • Meridian City Council March 21, 1995 Page 50 Cesler: Their report was issued to Shari, she has a copy of that. Morrow: Okay, so it is no longer stipulated then in our findings of fact, that would be up to Mr. Cesler to make that change. ACRD has agreed to make the change. Stiles: Yes they have, I don't know if the findings reflect anything to do with that. Cesler: If you have a copy of the report I could show you where it is. Kingsford: Any other questions of the Council? Is there a motion on the findings? Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law with the addition of the change from Mr. Cesler removing the driveway entrance and replacing the curb, gutter and walk to show that ACRD is going to do that as per the documentation Shari has and also the continuance of the tanks. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as prepared for P & Z with the exception of the portion speaking to the applicant re-doing the sidewalk, and eliminating a curb cut that ACRD will be doing that now and the continuance with regard to the removal of the tanks, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Tolsma: Mr. Mayor, the Meridian Planning and Zoning Commission hereby recommends to the City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law except that ACHD will now take over the closing of the access with the curbs and gutter instead of the Mr. Cesler and the tanks. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the decision as read excluding the tank removal and the Highway District take care of the closing access, all those in favor? Opposed? Meridian City Council March 21, 1995 Page 51 MOTION CARRIED: All Yea ITEM #14: REQUEST FOR PRELIMINARY/FINAL PLAT FOR MR. SANDMAN SUBDIVISION NO.2 BY BRYCE JOHNSON AND RUSS HUNEMILLER: Crookston: Mr. Mayor I have a conflict on this matter. Kingsford: Councilmen do you have any questions with regard to the request? Morrow: I guess my only questions with respect to both of these is the receipt of the letter today from, that Shari sent that was in our box tonight to Mr. Larry Sale. And there is also a letter from Briggs Engineering, I am sorry to Briggs Engineering and Becky Bowcutt from Gary Moes a District Traffic Engineer for ITD. Shari can you bring us up to speed as to what the status of those are? Stiles: Councilman Morrow, Mayor and Council, I received this letter to Briggs Engineering today from the Idaho Transportation Department, they have agreed with our request for curb, gutter and sidewalk along Meridian Road. There is a substantial drainage problem there that needs to be addressed. Also there is a lot of traffic along that road where people are walking in the mud and dirt and need a safe walkway. I haven't, the letter to Larry Sale was a result of our meeting that we had on March 3rd, he had not responded as I just sent this to him today. It is my understanding from talking to Van Elg of Briggs engineering that they are working on something. But he can fill you in more on what his discussions with ACRD have been. Elg: Yes, our engineer Stan McHutchinson talked with Lary Sale and went out apparently on a site inspection at the site, I think yesterday. ITD has agreed in requiring the curb, gutter and sidewalk. However, there is a plan which ACHD approved in 1993 I believe sometime around this time of the year to improve that intersection of Meridian Road and Overland. That intersection right here at this point the intersection will be raised up to the design grade will be about 1.1 feet above the existing grade. So the new finished grade for that street will be about a foot or 13 inches somewhere around there higher. It will taper back and be about four tenths back here and about 4 tenths here and it stops about at the toe of this steep hill that comes down here. So, in looking at that Stan and Larry, Stan of our ofFce and Larry Sale of ACRD agreed that it wouldn't make sense at this point.w. to install the curb and gutter in any event because they will be widening that out and have. to either rip it out when they make the plan, it was on the 5 year plan apparently so it will be the next 2 to 3 years when they widen that. They will have to either rip the curb and gutter out now or we would have to build it to grade and it will be hanging up there and be very awkward. So what Larry agreed to verbally was that as long as we put the sidewalk, we would install the sidewalk along the property line, adjacent to the property line and then • C7 MERIDIAN CITY COUNCIL MEETING:__ MARCH 21.1995 APPLICANT RICHARD C~SLER ITEM NUMBER; 13 REQUEST; CONDITIONAL USE PERMIT FOR CAR STEREO SALES AND INSTALLATON AGENCY COMMENTS CITY CLERK: P & Z MINUTES FROM 2-14-95 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: I ~ ~ ~ ~G ~Q CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS ~ ~ '~ NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS ~" SETTLERS IRRIGATION: ~ ~ (~~ ,~'~ ~, ~ /S r IDAHO POWER: v~`~ ~ ~ „N~ a w US WEST: ~ ~~ ~ ~ O'~ a~ I ~~ ~ ~~ ~ INTERMOUNTAIN GAS: ~~ 0 BUREAU OF RECLAMATION: ~ V'~ ~~ OTHER: _ IJ ~ ~~ e~ ~ Materials presented at public meetings shall become property of the City of Meridian. ~~ 1 ~ w' ~~ V_ fti~~ 1 ~~ ~ ~~ tir Meridian Planning & Zoning Commission February 14, 1995 Page 58 Johnson: So standard retail hours if there is such a thing. Barnhardt: Yes Johnson: Thank you, any other questions of Brandy while she is here? Thank you very much, this is a public hearing, is there anyone else that would like to comment? I don't see anyone, I will close the public hearing. This would require findings of fact gentlemen. Alidjani: Mr. Chairman, I make a motion that we have the City Attorney draw up findings of fact and conclusions for this conditional use permit. Rountree: Second Johnson: Moved and seconded to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CAR STEREO SALES AND INSTALLATION BY RICHARD CESLER: Johnson: I will now open the public hearing, if Mr. Cesler or a representative is here would you please come forward at this time and address the Commission. Tell us a little bit about what you have in mind. , Richard Cesler, 2107 Bentely, was sworn by the City Attorney. Cesler: I am asking for a conditional use permit to operate a car stereo sales and installation business on an existing piece of property that has been vacant for the last 3 years. It is located at 930 East 1st Street here in Meridian. That is kitty comer from the Circle K store. What I am proposing to do is use the existing structure, no external changes to the property other than the removal of the gas pumps, the gas tanks, anything that would be considered a contaminant. I am doing this in conjunction and with the permission from the property owner. We are attempting to clean this property as much as possible. It will be a retail business, with normal hours that will be approximately from 9:00 - 9:30 in the morning to about 7:00 at night. Johnson: Six days a week? Cesler: Actually we are going to try to do seven days a week however we intend not to do any installation in car stereo on Sundays and Mondays. Meridian Planning & Zoning Commission February 14, 1995 Page 59 Johnson: Do you have any problem Mr. Cesler with any of the comments made by the different agencies? Cesler: The only thing we have noted so far is with the Ada County Highway District. They have made a notation that they would like us to change one of the accesses to the property which is the one closest to State Avenue and East first. They would like us to change that to a curb sidewalk and gutter because they don't feel that it is proper access hrst of all to the property and secondly the length of the property they indicate does not warrant to entrances to the property. I have filed a formal protest with them on their decision, I don't think they have realistically looked at the property to see that it is a viable of fronting retail business, the type of business that I want to run there. I do have a meeting with them on the 27th to present my findings. The Nampa Meridian Irrigation District sent a letter to me and I contacted them also. The response is that it was premature on their part they would like to see a conditional use permit issued first and then they would make their determination from that point. But I have indicated to them there are no changes to the exterior facilities of this property that it will remain as it. Other than cleaning up the fuel tanks and pumps. Johnson: Are you under any obligation to remove the tanks at this point? Under financing or EPA or anything? Cesler: No sir, the tanks that are there were replaced I believe when that station opened up about 4 years ago, they do meet current EPA standards. It is my intention however not to operate this particular facility as a gas station and I do intend to purchase this property in the near future and I don't want them there. Again, the contention and the agreement that the owner of the property and I have is that it would be beneficial to both of us to have that gone. Johnson: The pumps are already gone right? Cesler: That is correct sir. Johnson: I have heard the jack hammers across the street. Cesler: Thank you so much, I was the one on it. Johnson: Any questions of Mr. Cesler? Crookston: I don't recall the tanks being removed, when was that done? Cesler: Approximately, it is just information that I have gotten, again I am not the owner Meridian Planning & Zoning Commission February 14, 1995 Page 60 of the property I am merely leasing the property to operate this business. The indication was that 4 years ago the old tanks had been removed from the property. f have been working with Mr. Keith Boots who is a licensed contractor for removal of tanks, pumps that sort of thing, he has been over there with me. The gentleman who did the remodeling work on the gas station stopped by Sunday to warn me not to try and use my truck to jerk any more concrete out because he was afraid I would destroy my vehicle. He indicated that yes he had removed the old tanks, that these were new fiberglass tanks in the ground and they did meet EPA standards at this time. Crookston: Who was that gentleman? Cesler: To be perfectly honest with you 1 did not get his name, I asked him for his card and he didn't have it at the time. It is petroleum specialties or something like that. Alidjani: I agree with you 89 or 90 is when they all got moved and brought in new fiber glass tanks and put in. Cesler: I am also aware that there are many test wells on this particular site. This property has one well, one test well that is closest to East 1st Street that has some small particular contamination, but the indication of that is that it is pretty much cleaning itself. Johnson: Any other questions? Thank you, anyone from the public like to address this? Have you been here all this time Becky, wow, I missed you and I never miss pretty faces you must have been hiding in the crowd. It was the guy with the hat. I will close the public hearing. What do we need to do here, let's do it. Rountree: Mr. Chairman, I make a motion that we findings of fact and conclusions prepared on this application. Hepper: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREASURE VALLEY BUSINESS CENTER PHASE 2, 66 LOTS BY GEMTONE, INC.: Johnson: I will now open the public hearing, if Mr. Wright or Mr. Wallace or his representatives are here I appreciate them coming forward. I know I left out a name or 2. '~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk W I S y CITY OF MERIDIAN Y D. SM TH P.E City Eng eer GAR BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~~ Re: Request for Conditional Use Permit Car Stereo Sales and Installation -Richard Cesler COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning February 9, 1995 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS Striping of parking lot shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. SITE SPECIFIC COMMENTS -PUBLIC WORKS DEPARTMENT 1. Applicant to provide a detailed remodeling/site plan for Public Works Department review. Adjustments to existing sewer and water assessments may be necessary due to the change of use. 2. Applicant to submit detailed remodeling plan to Building Department to determine compliance with Uniform Codes. SITE SPECIFIC COMMENTS -PLANNING DEPARTMENT Additional landscaping should be provided to comply with City Ordinance 11-2-414.D.2. 2. ACHD is requesting Applicant construct curb and gutter to close off northerly access on East First Street. Applicant has requested a waiver of this requirement. r BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR RETAIL CAR AUDIO SALES AND INSTALLATIONS RICHARD CESLER, APPLICANT 930 EAST FIRST STREET FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing February 14, 1995, at the hour of 7:30 o'clock p.m., the Petitioner, Richard Cesler 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 public hearing scheduled for February 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 14, 1995, 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 the Applicant is not the owner of the property; that the owner of record is L D W, Inc. and it has authorized the Applicant to seek a conditional use permit; that the property is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 1 • 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a car stereo sales and installation business which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OTl Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That the property has not been in use for several years; that it was formally an automobile service station. 7. That sewer and water is available to the property. 8. That the Applicant, Richard Cesler stated in the Application that the building will not be extensively remodeled as its present outlay is sufficient to serve the needs of the store he intends to operate; that the use of this property will not endanger the general public in any way as no combustible or hazardous FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 2 materials will be stored on the property; that the physical outlay. of the property has sufficient parking off the street to make this use practical; that it has adequate access to the public from three service driveways; that he agrees to pay .any additional fee regarding trash, sewer, or water. 9. That Mr. Cesler testified before the Commission that this will be a retail business, with normal hours from approximately 9:00 or 9:30 a.m to 7:00 p.m., seven (7) days a week with no intention of any installation of car stereos on Sundays and Mondays; that he is only leasing the property to operate this business; that he proposes to use the building as it is now with no external changes other than the removal of the gas pumps, the gas tanks and anything that would be considered a contaminant; that he is attempting to clean up the property as much as possible; that they would be operating seven days a week but there would be no installation of car stereos on Sundays or Mondays. 10. Mr. Cesler also stated that he was under no obligation to remove the gas storage tanks because the tanks were replaced about four years ago, that the tanks are fiberglass, and they meet current EPA standards; that it was his intention not to operate as a gas station; that he intends to purchase the property and does not want-the storage tanks there; that it was the intention of the owner of the property and himself to have the tanks gone; that there are many test wells on this particular site; that this property has one well, one test well that is closest to East First Street that has some small particular contamination; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 3 indication is that it is self-cleaning. 11. That Mr. Cesler also stated that he has filed a protest with the Ada County Highway District, scheduled meeting on March 27, 1995, regarding changing one of the accesses to the property to install curb sidewalk and gutter because the District feels that the State Avenue and East First Street access is a proper access and that the length of the property does not warrant two entrances to the property. 12. That the Nampa Meridian Irrigation District will make a determination on the conditional use permit after the permit would be issued; that Mr. Cesler responded, stating the District was premature in their decision; that no changes to the exterior facilities were taking place other than cleaning up the fuel tanks and pumps. 13. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that additional landscaping should be provided to comply with City Ordinance 11-2-414 D 2.; that applicant submit detailed remodeling plan to Building Department and to the Public Works Department to determine compliance with Codes; that adjustments to existing sewer and water assessments may be necessary due to the change of use; that striping of parking lot shall be in accordance with the standards set forth in 11-2-414 D 4. and 11-2-414 D 5.; that all signage shall meet 11-2-415. 14. That the Ada County Highway District (ACHD) submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 4 site specific requirements; that the northerly curb cut on East First Street be replaced with standard curb, gutter and sidewalk. 15. That Central District Health Department, and the Meridian Fire Department submitted comments and they are, hereby incorporated herein as if set forth in full. 16. That the Meridian Fire Marshall submitted comment which was a copy of Section 79.116, Abandonment and Status of Tanks, of the Uniform Fire Code; that section states, in part, as follows: "(a) General. Tanks taken out of service as a result of a property's being abandoned or its use changed shall be removed in accordance with Section 79.116 (d) and (e). (e) Underground Tanks Out of Service for One Year. Underground tanks which have been out of service for a period of one year shall be removed from the ground in a manner approved by the chief and the site shall be restored in an approved manner. When the chief determines that the removal of the tank is not necessary, abandonment in place is allowed."; there are provisions pertaining to what must be done if the chief determines that the tanks need not be removed, but may be abandoned in place. 17. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 5 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. 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 concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. 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 the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 6 • 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 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. That sufficient parking for the property and the proposed use is required. 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 the comments of the City Engineer and the Planning and Zoning Administrator must be met and complied with. 6. The requirements of the Ada County Highway District and the Nampa & Meridian Irrigation District must be met. 7. That all ordinances of the City of Meridian must be met, including but not limited to, the Unifo]~m Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 8. That the landscaping must be placed, any outdoor storage and/or trash receptacles properly screened, and the gasoline storage tanks must be removed, prior to issuance of an occupancy permit. 9. That the structure on the property must be brought up to all codes prior to issuance of an occupancy permit. 10. That the provisions of Section 79.116, Abandonment and Status of Tanks, of the Uniform Fire Code must be met; that since FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 7 r L~ the Applicant stated that he intends to purchase the property and does not want the storage tanks there. and that it was the intention of the owner of the property and himself to have the tanks removed, it is concluded that the tanks shall be removed and there shall be no issuance of an occupancy permit. until the gasoline tanks are removed. ' 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 HEPPER VOTED I COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 8 • 1YUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk S W CITY OF MERIDIAN eer GARY D. SM TH P.E. City Eng BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcROFT, wears water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT' P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner ii Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sa Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 7. 1995 TRANSMITTAL DATE: 1/23/95 HEARING DATE: 2/14/95 REQUEST:~ditional Use Permit for Car Stereo Sales and Installation BY: Richard Cesler LOCATION OF PROPERTY OR PROJECT: 930 East First Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF R~CLAMATION(PRELIM &~INAL PLAT) CITY FILES (//) YOUR CONCISE =~.5 R~~~~~~ JAN 2 3 195 CITY OF lhtniurr-t~ • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICEL.GASS,CityTreasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887f3813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. COP.RIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning d Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 7, 1995 TRANSMITTAL DATE: 1/23/95 HEARING DATE: 2/14/95 REQUEST: Conditional Use_Permit for Car Stereo Sales and Installation BY: -Richard Cesler LOCATION OF PROPERTY OR PROJECT: 930 East First Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z -GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C -BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES ? (` OTHER: ~u ~ 3 ` YOUR CONCISE REMARKS: ~h l~ fin/ ,~R,E l i L c.. ~vo f h a ~e ,q. rd ~~'~-•-- ~u ; ~'~ ~' r S ~ ~2 rµ. f'. ~~~. _, t} ~ ~;~ V f9 O~~r 5 V u +~ y~ y ~~ ~ lf; ~J4 a°'J is lS ~l ~r'/'1j AS ~J~ • u RECEIVED C C JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary To : Richard Cesler 2107 Bentley Meridian ID 83642 From: Karen Gallagher, Coor inator Development Services MAR 1 41995 CITY OF MERIDIAN March 10, 1995 Subject: MERIDIAN CU - 930 E. FIRST STREET CAR STEREO SHOP Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on March O1, 1995. The attached staff report lists conditions of approval and street improvements which are required . If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • ~~jlV~1 JAMES E. BRUCE, President SHERRY R, HUBER, Vice President SUSAN S. EASTLAKE, Secretary 'I'O: !CND ~`ommission FROM: Development Services T P?'r'FP -DE'? ARTMENT ''.~'ORRFSPONDENCE r'F`~T~ER . CU/DSTECH ?.-~2-95 HATE: March 8, 1995 .`SUBJECT: Conditional Use 930 E. First Street Car Stereo Shop {Applicant - Richard Cesler, 2107 Bentley, NIeridian, ID X33642. ) {Representative - same) FACTS ~ FINDINGS: 1. The applicants are requesting conditional use approval for a car stereo shop with retail sales and installations. The site is lactated on the southeast corner of East First Street and State Avenue. 2. The applicants request a waiver o.f the District's standards. that require the elimination of the north driveway on First Street and replacement with standard curb, gutter and side- walk. As stated in this report, the north driveway is offset 15-feet from State Avenue which does not. meet District stan- dards. Access to the site can be adequately served by the other two existing curb cuts, one on First Street and one. on State Avenue. 3. Section 7207.8 Access of the Development Policy Manual states, "Direct access to arterials. and collectors is normally re- stricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector ar arterial street is impractical, the District may consider direct access points based on the following guidelines: Less than 150-feet of continuous. frontage .....1 access point 150-600-feet of continuous frontage ...........2 access paints Greater than 600-feet of continuous frontage ..3 access: points Access points for proposed developments at intersections. should be located as far from the intersection as practical., ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Conditional Use March 8, 1995 Page 2 93~. First Street Car Stereo•Shop and iri no case closer than as illustrated on Figure 72-F4." (Figure 72-F4 attached) ~t. The Commission determined that the northern driveway on East First Street should be closed for safety and voted to waive the requirement that the applicant shall replace the curb cut with standard curb, gutter and sidewalk with the understanding that the District would take action to eliminate use of the curb cut. ~~. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.2 ZONING - Old Town ESTIMATED VEHICLE TRIPS PER DAY - 60 TRAFFIC ANALYSIS ZONE - 265 L.F. OF FRONTAGE ON East First Street- 120 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ESTIMATED TRAFFIC COUNT - 4,985 ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 72-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required East First Street is improved with a 49-foot street section and a 12-foot wide sidewalk with 2-feet of brick pavers. L.F. OF FRONTAGE ON State Avenue- 90 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. State Avenue is fully improved with a 48-foot street section with 5-foot sidewalks and 2-foot brick pavers IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 6. The site was used as a gas station in the past but the build- ing is currently vacant. 7. Two existing 40-foot curb cuts access East northerly curb cut is offset approximately intersection with State Avenue and does standards for offsets from an intersection. that this curb cut be removed and replaced gutter, and sidewalk. First Street. The 15-feet from the not meet District Staff recommends pith standard curb, 8. One existing 40-foot curb cut provides access to State Avenue. 9. No modifications of the existing improvements are proposed. Conditional Use 930. First Street Car Stere~hop March 8, 1995 Page 3 10. This application is scheduled for public hearing by the City of Meridian Planning Commission on February 14, 1995. The following requirements are provided to the City of Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Eevelop according to submitted site plan. The northern curb cut on East First Street will not be usable. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Karen Gallagher DATE OF COMMISSION APPROVAL: MAR 0 ~ 1995 • CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division FCC 0 2 ~~5 ~I~i~Y' ~r t~K;iarul7sJlt'~1"~ Conditional Use # ~~ S~~co S~~S ~~ -~'~/~~-' ~^~ Preliminary /Final /Short Plat ^ I. We have Objections to this Proposal. Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ 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. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth ok ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 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. ^ I I. 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 ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. ~~ ~~'Iv'~ Na ~~/~c~'~o~,$' .. Date: l l3 ~ // ~_ Reviewed By: ~ CDND 10/91 rcb, rer. II/93 jll • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES ~ - ~ .-,,,, ~~, Hoer&ZoningAdministrator U L ~-_ = `;:.% =.:: !; ~J ~ .:" ~ J JIM JOHNSON Chairman • Planning & Zoning ,; ~ J TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February ?, 1995 TRANSMITTAL DATE:. 1/23/95 HEARING DATE: 2/14/95 REQUEST: Conditional Use Permit for Car Stereo Sates and Installation BY: Richard Cesler LOCATION OF PROPERTY OR PROJECT: 930 East First Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: All laterals and waste ways must be protected.- Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that ilable to all developments within this District- Nampa & Meridian Irrigation District requires that a Land Use Chanee/Site D~lopment application be filed for review prior to final platting Contact D~naa_Moore at 343-1884 or 466-7861 for rther in ormation Rill Hancnn~ Acci~rant Water 4nnerintanrlPnt Nampa & Meridian Irrigation District °~`~ A Good Place to Live CITY OF MERIDIAN FEB 0 2 t9~5 ~~ i ~ ~~ ~~KiUTAi~~. t~ • 'ha~yia, & ~l~i~tdtac~ ~Inn~gat~ac~ DCa.Dzict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 1 February 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Richard H. Ceslar Boise 343-1884 2107 Bentley SHOP: Nampa 466-0663 Boise 345-2431 Meridian, ID 83642 RE: Land-Use Change Application for Car Stereo and Installation Dear Mr. Ceslar: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent L.D.W., Inc. /City of Meridian enc. -S ~~...~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 2~ ~~day of ~c'~L~~ , 1995. COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED~~ VOTED VOTED VOTED~2 VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~~~~`~ ~ • Meridian Planning & Zoning Commission March 14, 1995 Page 7 ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR CAR STEREO SALES AND INSTALLATION BY RICHARD CESLER: Johnson: Any comments or discussion regarding the findings of fact as prepared by the City Attorney? Can we have a motion? Alidjani: Mr. Chairman, I make a motion the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Hepper: Second Johnson: It has been moved and seconded to approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Absent, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: A recommendation for the City. Alidjani: Furthermore, I make a motion that the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Hepper: Second Johnson: It is moved and seconded that we pass a favorable recommendation along to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: These findings of fact once approved will be available, you can get a copy from the City Clerk in the morning, sometime tomorrow anyway. ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE. PERMIT FOR A CONVENIENCE STORE BY BRYCE JOHNSON AND RUSS HUNEMILLER: Johnson: Any discussion regarding these findings of fact? Meridian Planning & Zoning Commission March 14, 1995 Page 7 ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR CAR STEREO SALES AND INSTALLATION BY RICHARD CESLER: Johnson: Any comments or discussion regarding the findings of fact as prepared by the City Attorney? Can we have a motion? Alidjani: Mr. Chairman, I make a motion the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Hepper: Second Johnson: It has been moved and seconded to approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Absent, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: A recommendation for the City. Alidjani: Furthermore, 1 make a motion that the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Hepper: Second Johnson: It is moved and seconded that we pass a favorable recommendation along to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: These findings of fact once approved will be available, you can get a copy from the City Clerk in the morning, sometime tomorrow anyway. ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE BY BRYCE JOHNSON AND RUSS HUNEMILLER: Johnson: Any discussion regarding these findings of fact? • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 14.1995 APPLICANT: RICHARD CESLER AGENDA ITEM NUMBER: 5 REQUEST: REQUEST FOR CONDITIONAL USE PERMIT FOR CAR STEREO SALES AND INSTALLATION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: mpP~~t~h &~p~°"~,~~R- "~- ~` ~~'J~ All Materials presented at public meetings shall become property of the City of Meridian. z ~ D BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR RETAIL CAR AUDIO SALES AND INSTALLATIONS RICHARD CESLER, APPLICANT 930 EAST FIRST STREET FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing February 14, 1995, at the hour of 7:30 o'clock p.m., the Petitioner, Richard Cesler 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 public hearing scheduled for February 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 14, 1995, 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 the Applicant is not the owner of the property; that the owner of record is L D W, Inc. and it has authorized the Applicant to seek a conditional use permit; that the property is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 1 r • 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a car stereo sales and installation business which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That the property has not been in use for several years; that it was formally an automobile service station. 7. That sewer and water is available to the property. 8. That the Applicant, Richard Cesler stated in the Application that the building will not be extensively remodeled as its present outlay is sufficient to serve the needs of the store he intends to operate; that the use of this property will not endanger the general public in any way as no combustible or hazardous FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 2 • • materials will be stored on the property; that the physical outlay of the property has sufficient parking off the street to make this use practical; that it has adequate access to the public from three service driveways; that he agrees to pay .any additional fee regarding trash, sewer, or water. 9. That Mr. Cesler testified before the Commission that this will be a retail business, with normal hours from approximately 9:00 or 9:30 a.m to 7:00 p.m., seven (7) days a week with no intention of any installation of car stereos on Sundays and Mondays; that he is only leasing the property to operate this business; that he proposes to use the building as it is now with no external changes other than the removal of the gas pumps, the gas tanks and anything that would be considered a contaminant; that he is attempting to clean up the property as much as possible; that they would be operating seven days a week but there would be no installation of car stereos on Sundays or Mondays. 10. Mr. Cesler also stated that he was under no obligation to remove the gas storage tanks because the tanks were replaced about four years ago, that the tanks are fiberglass, and they meet current EPA standards; that it was his intention not to operate as a gas station; that he intends to purchase the property and does not want the storage tanks there; that it was the intention of the owner of the property and himself to have the tanks gone; that there are many test wells on this particular site; that this property has one well, one test well that is closest to East First Street that has some small particular contamination; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 3 • indication is that it is self-cleaning. • 11. That Mr. Cesler also stated that he has filed a protest with the Ada County Highway District; scheduled meeting on March 27, 1995, regarding changing one of the accesses to the property to install curb sidewalk and gutter because the District feels that the State Avenue and East First Street access is a proper access and that the length of the property does not warrant two entrances to the property. 12. That the Nampa Meridian Irrigation District will make a determination on the conditional use permit after the permit would be issued; that Mr. Cesler responded, stating the District was premature in their decision; that no changes to the exterior facilities were taking place other than cleaning up the fuel tanks and pumps. 13. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that additional landscaping should be provided to comply with City Ordinance 11-2-414 D 2.; that applicant submit detailed remodeling plan to Building Department and to the Public Works Department to determine compliance with Codes; that adjustments to existing sewer and water assessments may be necessary due to the change of use; that striping of parking lot shall be in accordance with the standards set forth in 11-2-414 D 4. and 11-2-414 D 5.; that all signage shall meet 11-2-415. 14. That the Ada County Highway District (ACHD) submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 4 • • site specific requirements; that the northerly curb cut on East First Street be replaced with standard curb, gutter and sidewalk. 15. That Central District Health Department, and the Meridian Fire Department submitted comments and they are. hereby incorporated herein as if set forth in full. 16. That the Meridian Fire Marshall submitted comment which was a copy of Section 79.116, Abandonment and Status of Tanks, of the Uniform Fire Code; that section states, in part, as follows: "(a) General. Tanks taken out of service as a result of a property's being abandoned or its use changed shall be removed in accordance with Section 79.116 (d) and (e). . . (e) Underground Tanks Out of Service for One Year. Underground tanks which have been out of service for a period of one year shall be removed from the ground in a manner approved by the chief and the site shall be restored in an approved manner. When the chief determines that the removal of the tank is not necessary, abandonment in place is allowed."; there are provisions pertaining to what must be done if the chief determines that the tanks need not be removed, but may be abandoned in place. 17. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 5 • 1 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. 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 concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. 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 the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 6 • • 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 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. That sufficient parking for the property and the proposed use is required. 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 the comments of the City Engineer and the Planning and Zoning Administrator must be met and complied with. 6. The requirements of the Ada County Highway District and the Nampa & Meridian Irrigation District must be met. 7. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 8. That the landscaping must be placed, any outdoor storage and/or trash receptacles properly screened, and the gasoline storage tanks must be removed, prior to issuance of an occupancy permit. 9. That the structure on the property must be brought up to all codes prior to issuance of an occupancy permit. 10. That the provisions of Section 79.116, Abandonment and Status of Tanks, of the Uniform Fire Code must be met; that since FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 7 • the Applicant stated that he intends to purchase the property and does not want the storage tanks there. and that it was the intention of the owner of the property and himself to have the tanks removed, it is concluded that the tanks shall be removed and there shall be no issuance of an occupancy permit. until the gasoline tanks are removed. 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 HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESLER PAGE 8 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: FEBRUARY 14 1995 APPLICANT: RICHARD CESLER AGENDA ITEM NUMBER: 17 REQUEST: CONDITIONAL USE PERMIT REQUEST FOR CAR STEREO SALES A_ND fNSTALLATION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS 3EE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" ~ ' i HED COMMENTS CI V' SEE ATTAC _ p;~ . pN" G. ~~ !~ d P SEE ATTACHED COMMENTS ~~` IFFY p SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: / v JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: ACRD Commission TNTER-DEPARTMENT CORRESPONDENCE C.FS.LER.CU/DSTECH 2.-$-95 DATE: February 2, 1995 FROM: Development Services SUBJECT: Conditional Use 930 E. First Street Car Stereo Shop (Applicant - Richard Cesler, 2107 Bentley, Meridian, ID 33642) (Representative - same) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS: 1. The applicants are requesting conditional use approval far a car stereo shop with retail sales and installations. The site is located on the southeast corner of East First Street and State Avenue. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.2 ZONING - Old Town ESTIMATED VEHICLE TRIPS PER DAY - 60 TRAFFIC ANALYSIS ZONE - 265 L.F. OF FRONTAGE ON East First Street- 120 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ESTIMATED TRAFFIC COUNT - 4,985 ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 72-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required East First Street is improved with a 49-foot street section and a 12-foot wide. sidewalk with 2-feet of brick pavers. L.F. OF FRONTAGE. ON State Avenue- 90 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required State Avenue is fully improved with a 48-foot. street section with 5-foot sidewalks and 2-foot. brick pavers ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Conditional Use ~0 E. First Street Car St~o Shop February 3, 1995 Page 2 IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The site was used as a gas station in the past but the build- ing is currently vacant. 4. Two existing 40-foot curb cuts access East northerly curb cut is offset approximately intersection with State Avenue and does standards for offsets from an intersection. that this curb cut be removed and replaced gutter, and sidewalk. First Street. The 15-feet from the not meet District Staff recommends pith standard curb, 5. One existing 40-foot curb cut provides access to State Avenue. 6. No modifications of the existing improvements are proposed. 7. This application is scheduled for public hearing by the City of Meridian Planning Commission on February 14, 1995. The following requirements are provided to the City of Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Replace the northerly curb cut on East First Street with stan- dard curb, gutter and sidewalk. STANDARD REQUIREMENTS• 1. Submit site drainage plans and calculations for review and appropriate action by ACID. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. Aright-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should. be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. Conditional Use ~0 E. First Street Car St~o Shop February 2, 1995 Page 3 3. A .request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. 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