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HomeMy WebLinkAboutFuller, James & Jean CUP MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: .JANUARY 10.1895 APPLICANT: JAMES AND JEAN FULLER AGENDA ITEM NUMBER: 12 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: 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: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: ~~~~L INTERMOUNTAIN GAS: ~ S ~~ BUREAU OF RECLAMATION: ~, ( l OTHER: ../ ^ ' RE~EIVIrD JAN 1 0 1995 January 9, 1995 To whom it may concern: We, Jerry D. and Connie Woodmont, Meridian, ID very application for Annexation CITY tl~r tti~:~i~}it~ii J. Rohan, homeowners residing at X255 strongly oppose James W. and Lois J. Fuller's Approval for Rezoning from R-4 to L=~. Our reasons are as follows: 1. In consultation with our realtor we learned that if any commercial business (i.e. Gas stations, convenience stores, etc) are put in as requested would, in fact, 1 - Lower our property value, and ^c - Resale of our home would be very difficult. 2. With our back yard fence adjoining Mr. ~C Mrs. Fuller's property, basically any commercial business in our back yard would not be suitable. We have two small children playing in this back yard and would not feel that they would be safe to play in their own back yard With a commercial business you have people in and out all hours of the day and night. In this day and age you cannot trust anyone. Children are being stolen right here in Idaho every day. If we have this in our back yard we might as well send our kids out on the street to play. 3. Increased traffic flow through our neighborhood as it will be a potential thoroughfare . 4. Noise/air pollution and trash. 5. Loss of privacy in our home. (The whole back of our house to include all essential rooms, i.e. Master Bedroom, Living Room, r~itchen and Dining Room> would require our blinds on all of these windows to remain shut at all times. The back of our house is all windows, if the blinds were not shut it would allow people to look right into our house making our home a potential target for robbery. This area has been and should remain a residential area. Alot of people purchase some very expensive homes in this neighborhood based on this area being residential. People cannot be expected to just sit back and lose thousands of dollars on their number one investment - their home. ~J E ROHAN CONNIE J. ROHAN ~~~~~~~~ January 10, 1995 JAN 1 0 1995 Dear Planning & Zoning Commission & City Councilmen, I, Tawna Kay Spoor, do strongly oppose the rezoning of the property of James and Lois Fuller, located on the North West corner of Ten Mile Road and Cherry Lane. The following are my views and reasons for my opposition. 1. When we purchased our lot/property, which is located on the southeast corner of Woodmont and Aronmink Way, we fully took into consideration that the above mentioned property was already zoned residential and that there was already established a permanent residential structure. 2. We chose this area to build our house because of the 'upscale residential image' portrayed by the surrounding properties. I feel that if the rezoning is allowed it will definitely decrease the image and property values that we as a neighborhood have tried so hard to uphold. 3. Our family invested two years into the planning and building of our house. We designed our house and we even constructed it ourselves. During this time our family made some sacrifices such as living in a small two bedroom duplex in which our two children had to share a room for a full year while the financing and building of our house was going on. We gave up a full summer to construct our house, we gave up vacations, money and time and much more. It literally took us blood, sweat and tears to build our house. This was to be our "Dream Home". So when we learned of the possibility of the rezoning of the above said property, that definitely would have a profound negative effect on 'our' location and residence, it meant slot more to us than just losing property value. It meant years of planning, sacrifices and dreams that we would also be losing. 4. I feel that this is a good safe place to raise my family, a quiet upscale neighborhood but, if the rezoning of said property is allowed I truly feel that it will change this area so it will no longer be a good, safe, quiet, upscale neighborhood. 5. I do not feel that the rezoning of this property is necessary, especially to construct a gas station/convenience store since the two corner properties on the south side of this intersection are already zoned for commercial use. I would strongly urge each of you to recommend that the rezoning of above said property NOT be allowed. Thank you for your attention and consideration in this matter. Tawna Kay Spoor 1720 N. Aronmink Wy. Meridian, Idaho 83642 208)888-1995 A ~~ RE~~..``'~~~V`~~ To whom it may concern: January 9, 1995 JAN 1 0 1995 ~1TY ur ~rc~r~~~t~ We, Jerry D. and Connie J. F~ohan, homeowners residing at X255 Woodmont, Meridian, ID very strongly oppose James W. and Lois J. Fuller's Application for a Conditional Use Permit for the purpose of constructing a convenience store/gas station. We purchased our property here two years ago based on the following: 1. We sold our other home here in Meridian due to the same type of situation. A school, carwash and a medical clinic were put in our neighborhood. Our neighborhood very quickly became run down and trashy after these commercial type properties were put in. The traffic down our street after these businesses were put in was horrible. It was a constant steady flow of traffic and people drove like they were on the freeway. The speed limit was 25 mph and people ripped down the street at anywhere from 35 to 50 mph. 2. This property was in an all residential area. ._+. This neighborhood was very clean and very safe for our children. 4. The property values here were appreciating rather than decreasing. We strongly oppose the construction of this convenience store/gas station for the following: 1. Property value and resale of this property. 2. Total loss of our privacy both inside and outside our home. 3. The loitering of high school kids and potential gang type activities. 4. Vandalism to our property (i.e. back fence, house & cars). 5. Trash scattered all over our yard and neighborhood. b. Gas fumes from the station as the gas pumps will be located directly over our back fence. 7. The lights from this convenience store/gas station will beam directly into our bedroom window as well as the rest of our house. 8. Noise 24 hours a day. ~ n ~. Our backyard would be a potential escape route from armed robberies of the store. ls~. Our children would no longer be safe out playing in their own back yard. 11. Our dogs would be constantly disrupting the neighborhood be barking and digging at the back fence. 12. Increase of traffic flow as our street will be potentially used as a thoroughfare. We ask: why shoal d one person be al 1 owed to prof i t of f of such a business and the whole neighborhood pay by losing quality of life and thousands of dollars on their property? JE Y D HAN r CONNIE J. ROHAN E n R~"~~ DIED JAN 1 0 1995 ev~ ~ ~ iii 1v~+L.aaJat.t~i January 10, 1995 Dear Meridian City Planning & Zoning and City Councilmen, I, Tawna Kay Spoor, do strongly oppose the conditional use permit to construct a Convenience Store/Gas station on the North West corner of Ten Mile Road and Cherry Lane. The following are my views and reasons for my opposition. 1. I believe that the safety of my children and family will be endangered due to the potential increase in crime and health hazards such as car exhaust, possible gas leaks or explosions. 2. I feel that we will lose the privacy in our own back yard due to the design of where the gas pumps will go and the land elevation that will allow people to see into my back yard and see my children, therefore, I feel that the chance will be greatly increased for possible abduction of my children from our own enclosed back yard. 3. I do not want the lights to be shining directly into our bedrooms as they are all located on the side that would be closest to the above said property. I feel that this is a direct invasion of privacy in my own bedroom as I will have to constantly keep my draperies closed in order to keep the view of patrons using the store/gas station out of my bedroom. 4. The noise from cars and loud stereos will disturb us at night due to the how close this will be from our property. I do not want to be disturbed while I am sleeping. This is also part of the reason we moved from our other location is because of noise disturbances that we put up with for three years until it became so unbearable that we could not sleep when we wanted to. (Police records will show our previous noise complaints in reference to our previous residence.) We felt that this was an upscale residential neighborhood that would be quiet and a peaceful place to reside. So far this has proven true. 5. Our family invested two years in to the planning and building of our house. We designed it and even constructed it ourselves. We sacrificed a great deal in order to live and reside where we have chosen. The reason we chose this area again was because it was an upscale, quiet, residential zoned neighborhood in which we could raise our children in our "Dream Home". So I feel if this 24 hour convenience store/gas station is allowed to be constructed on above said location that we would be forced to have to sell our home as I would feel it no longer would be a safe place to raise my children. We would not only be losing property value but, our dream and two years of our lives. 6. I feel that crime would increase in this area if a 24 hour convenience store/gas station is allowed to go in so close to our homes. Crimes such as robberies, loitering, drug and alcohol use, vandalism and potential burglaries to our homes. I feel that this will become a 'hang-out' for high school kids such as the Maverick has become down on Linder and Cherry Lane. This does not provide a safe environment in which to raise our children. 7. I feel that the image into the Cherry Lane Village Subdivision and Golf Course would be detracted from and suffer negative effects. I, as a paying member of the homeowners Association for the Cherry Lane Village Subdivision believe that we would be compromising our standards of living and quality of life in this area that we have worked so hard to build up so that others would desire to live here in our 'Upscale Neighborhood'. Therefore, I would strongly urge each of you to recommend that the conditional use permit to construct a convenience store/qas station at above said location, be denied as it would have a negative impact on the lives of the residences that surround this location. Thank your for your attention and consideration in this matter. Tawna Kay Spoor 1720 N. Aronmink Way Meridian, Idaho 83642 208)888-1995 SF,NT BY ~ BO I SE. 1 D ^ 1-10-95 10 O 1 HAN4.EY TROX^ELL-+ 1 208 888 3961; ~ 2 / 2 JAN 1 0 1595 x;11` Y i~t t~~Lnrv~~-I~ January 1p, 1995 Meridian Planning and Zoning Commission Meridian City Hall 33 Bast IQaho Avenue meriCian, ID 83642 its: !oiler Property Assoao and lliquast for Geaditioaal use permit Dear Commissioners: I am the president of the chorry Lane Village Subdiviainn, xoa. 3, 4, and 5. As president of the subdivision, I represent 87 homeowners, and the subdivision has been approved for 1A~ homes, and I write on behalf of these homeowners. We are vEry very concerned about the application for rezone and conditional uae permit t~rhich the Fullers have submitted. We each bought our homes and invested substantial some of money in a planned subdivision for the same reason--the planned subdivision provided absolute assurances that the integrity of the neighborhood would be maintained. At the time ors bought our lute, the site of the requested rezone wa8 also zoned r:sidential. To permit a rezone and to permit a comr•ni•nce store to be constructed will unfairly prejudice us ail because we relied upon the residential zoning and character of the area. The construction of a canvnience store will seriously and irreparably damage the integrity of the neighborhood. Zn addition, although the values of the adjaininq landowneret' homes will be affactQd the most, the r,~sulting decrease in values to all of the home: within thw subdivision is imman~se and undeniable. The expsriancQ of Judith Lollyy is telling and eannnt bs ignorQd. A daoision by tho rlanning and Soninq Commission to permit a convenionr.<c3 store ie, in Pact, a deaisian to subject tha surrounding homes to the nightmare to which bts. Lollsy was subjeotod. Moat importantly, because of the gi$e o! the lot and tho proposed uae, there is absolutely no means of providing an adequate bulfsr to the neighboring homes and the neighborhood. Meridian Planning and Zoning Commission January 9, 1995 Page 2 I have heard only negative comments about the proposed convenience store, and it would be entirely unfair for the Planning and Zoning Commission to allow the convenience store to be constructed over all of the objections of the surrounding landowners. The Fullers, as the owners of a property zoned residential, have some minimum duty to respect their neighbors, and the Planning and Zoning Commission should not a21ow the Fullers to undermine the integrity of our neighborhood in this manner. Thank you for your attention to our concerns, and we hope that an acceptable result is reached on the Fullers' application. Sincerely, ~~ •~.~ ernon Croft, esident . /'~ ~-. ~~ ~~ .1 A N 1 0 1995 January 10, 1995 ~;~~ ~ ~i i~Fa,.~,~.>,ri~ TO: PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN RE: REZONE OF SECTION 3, T.3N, R.1W (NW CORNER OF TEN MILE AND CHERRY LANE) AND CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION We fully emphathize with the Fuller family not wanting to reside on a corner that is being widened on both streets bordering their residence, with commercial property on both southern sides of the intersection at Cherry Lane and Ten Mile. It is our perception that a rezone should be limited to a non- obtrusive, one level office/professional building, landscaped to blend in with the homes surrounding it. This would be a fair compromise. Our property is located on the NW corner of Woodmont, one block removed from the present rezoning proposal. We have been plagued by adolescents roaming and vandalizing homes in this area, in the past two years, and then seeking refuge in the darkness of the golf course. There has been periodic damage done to the golf course, most recently on the green next to our home. We feel the city would be inviting increased criminal activity on a more frequent basis if the convenience store were to be located in our residential area. It is well known that a 24 hour gas station/convenience store serves as a magnet for late night criminal activity that is perpetrated by individuals who are both demoralized and desperate. The potential for that criminal activity to spill over into a residential area is extremely high, taking into consideration the values of the homes bordering a golf course that does not have adequate lighting. We feel, at present, the City of Meridian does not have adequate law enforcement to police this growing area. We believe that if the conditional use permit is granted, it would not only greatly impact the existing subdivision, but slowly turn another nice neighborhood into a law enforcement quagmire. Is this what the City of Meridian wants? Is it fair to sacrifice a whole neighborhood and a City Golf Course that has plans for expansion and growth?. This Golf Course could potentially bring more income for the city than a proposed gas station/convenience store. With an elementary school slated to be built in the very near future across from this intersection, we would have to watch our small children walk past this corner each and every day, never knowing who would be watching them, being continually concerned about their safety, both from criminal activity and traffic. January 10, 1995 Page 2 /'~ The conditional use permit for the convenience store/gas station should not be given consideration. David M. Oglesbee, CADC, ICADC, CCS Senior Drug/Alcohol Specialist Idaho Department of Correction Idaho State Correctional Institution Marita A. Oglesbee i~/ ~ ~// s! .~~~ 1 0 ~~'~~ P M~'~ .. y~it~ ':wf ~ f `vil l'ra+sr~rrrtYf'~ PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11 . 12 . 13. 14. 15 . PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL IISE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households {ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11. 12 . 13. 14. 15 . PRINT NAME SIGNATURE ADDRESS ~ /'~ Meridian Planning & Zoning Commission February 14, 1995 Page 31 ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A CONVENIENCE STORE/GAS STATION BY JAMES AND JEAN FULLER: Johnson: This is the conditional use permit request. Crookston: Mr. Chairman, I would continue to step down on that matter. Hepper: Same here Johnson: Any discussion or suggestions regarding the findings of fact as prepared by Attorney Riddlemoser? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves the findings of fact and conclusions. Alidjani: Second Johnson: It is moved and seconded that we hereby adopt the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Hepper - (Abstains), Rountree -Yea, Shearer - (Absent), Alidjani - Yea, Johnson -Yea MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass onto the City? Rountree: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council they deny the conditional use request by the applicant. Alidjani: Second Johnson: It is moved and seconded to deny the conditional use request by James and Jean Fuller, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AN ACCESSORY USE PERMIT REQUEST FOR A FAMILY DAY CARE BY KELLY NESTEN: ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JAMES and JEAN FULLER APPLICATION FOR CONDITIONAL USF PERMIT NORTHWEST CORNER, INTERSECTION OF CHERRY LANE AND TEN MILE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 10, 1995, at the hour of 7:30 o'clock p.m., with evidence presented for and substantially against Petition, and 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 of law. FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 10, 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 is owned by Petitioner, JAMES and JEAN FULLER, FINDINGS OF FACT AND CONCLUSIONS - 1 /'~ and is described in the application which description is incorporated herein. 3. That a rezone of the property to Limited Office District (L-O) has been applied for, which requires a conditional use permit for a convenience store/gas station which is the use the application requests. 4. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O LIMITED OFFICE DISTRICT: The purpose of the L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. That the convenience store/gas station proposed by Applicant is an allowed conditional use in the L-O district. 6. That sewer and water is already available to the property, but the use may require additional charges and fees. 7. That notice was given to all property owners who are FINDINGS OF FACT AND CONCLUSIONS - 2 n within 300 feet of the external boundaries of the land being considered, and all property owners included within the property being considered. 8. That there was overwhelming evidence in opposition to the application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met and complied with by Petitioner. 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; and 3. 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 would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use would not be harmonious with the character of the general vicinity, and would change the essential character FINDINGS OF FACT AND CONCLUSIONS - 3 n ~ of the area. d. That he use would be hazardous and disturbing to existing or future neighboring uses. e. The property has sewer and water service available. 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 involve a use, activity, or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. 4. That the Conditional Use Permit should be denied. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS That Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED VOTED Ar~G~^'"' VOTED ~ ~~~ VOTED ~- COMMISSIONER JOHNSON (Tie Breaker) VOTED DECISION AND RECOMMENDATION That Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the Conditional Use Permit requested by the applicant for the property described in the application in accordance FINDINGS OF FACT AND CONCLUSIONS - 4 with the Findings of Fact and Conclusions of Law set forth herein. MOTION: APPROVED: Jack C. Riddlemoser Attonrey at Law Meridian, Idaho 83642 DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS - 5 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of S Fact and Conclusions this ~~ day of --1~G~~~'~ 1995. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) vim. APPROVED~~ ~~~ V DISAPPROVED VOTED ~'~f VOTE D VOTED VOTED G~~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - C ~~~~~~'-~ ~~ .,- ~ ~ RE~EI'V~D January 9, 1995 To whom it may concern: We, Jerry D. and Connie J. Rohan, homeowners Woodmont, Meridian, ID very strongly oppose James application for Annexation Approval for Rezoning Our reasons are as follows: JAN 1 0 1995 C!`1:Y iir tvi~K~~3ft1IV residing at 3255 W. and Lois J. Fuller's from R-4 to L=s~. 1. In consultation with our realtor we learned that if any commercial business (i.e. Gas stations, convenience stores, etc) are put in as requested would, in fact, 1 - Lower our property value, and 2 - Resale of our home would be very difficult. 2. With our back: yard fence adjoining Mr. ~c Mrs. Fuller's property, basically any commercial business in our back yard would not be suitable. We have two small children playing in this back yard and would not feel that they would be safe to play in their own back yard With a commercial business you have people in and out all hours of the day and night. In this day and age you cannot trust anyone. Children are being stolen right here in Idaho every day. If we have this in our back yard we might as well send our kids out on the street to play. 3. Increased traffic flow through our neighborhood as it will be a potential thoroughfare . 4. Noise/air pollution and trash. 5. Loss of privacy in our home. (The whole back of our house to include all essential rooms, i.e. Master Bedroom, Living Room, Kitchen and Dining Room) would require our blinds on all of these windows to remain shut at all times. The back of our house is all windows, if the blinds were not shut it would allow people to look right into our house making our home a potential target for robbery. This area has been and should remain a residential area. Alot of people purchase some very expensive homes in this neighborhood based. on this area being residential. People cannot be expected to just sit back and lose thousands of dollars on their number one investment - their home. ~JE ROHAN CONNIE J. ROHAN ~ ~ ~~~~~~~~ January 10, 1995 Dear Planning & Zoning Commission & City Councilmen, JAN 1 0 1995 I, Tawna Kay Spoor, do strongly oppose the rezoning of the property of James and Lois Fuller, located on the North West corner of Ten Mile Road and Cherry Lane. The following are my views and reasons for my opposition. 1. When we purchased our lot/property, which is located on the southeast corner of Woodmont and Aronmink Way, we fully took into consideration that the above mentioned property was already zoned residential and that there was already established a permanent residential structure. 2. We chose this area to build our house because of the 'upscale residential image' portrayed by the surrounding properties. I feel that if the rezoning is allowed it will definitely decrease the image and property values that we as a neighborhood have tried so hard to uphold. 3. Our family invested two years into the planning and building of our house. We designed our house and we even constructed it ourselves. During this time our family made some sacrifices such as living in a small two bedroom duplex in which our two children had to share a room for a full year while the financing and building of our house was going on. We gave up a full summer to construct our house, we gave up vacations, money and time and much more. It literally took us blood, sweat and tears to build our house. This was to be our "Dream Home". So when we learned of the possibility of the rezoning of the above said property, that definitely would have a profound negative effect on 'our' location and residence, it meant alot more to us than just losing property value. It meant years of planning, sacrifices and dreams that we would also be losing. 4. I feel that this is a good safe place to raise my family, a quiet upscale neighborhood but, if the rezoning of said property is allowed I truly feel that it will change this area so it will no longer be a good, safe, quiet, upscale neighborhood. 5. I do not feel that the rezoning of this property is necessary, especially to construct a gas station/convenience store since the two corner properties on the south side of this intersection are already zoned for commercial use. I would strongly urge each of you to recommend that the rezoning of above said property NOT be allowed. Thank you for your attention and consideration in this matter. Tawna Kay Spoor 1720 N. Aronmink Wy. Meridian, Idaho 83642 208)888-1995 January 9, 1995 JAN 1 Q 1995 To whom it may concern: We, Jerry D. and Connie J. Bohan, homeowners residing at 3255 Woodmont, Meridian, ID very strongly oppose James W. and Lois J. Fuller`s Application for a Conditional Use Permit for the purpose of constructing a convenience store/gas station. We purchased our property here two years ago based on the following: 1. We sold our other home here in Meridian due to the same type of situation. A school, carwash and a medical clinic were put in our neighborhood. Our neighborhood very quickly became run down and trashy after these commercial type properties were put in. The traffic down our street after these businesses were put in was horrible. It was a constant steady flow of traffic and people drove like they were on the freeway. The speed limit was 25 mph and people ripped down the street at anywhere from 35 to 5s~ mph . 2. This property was in an all residential area. 3. This neighborhood was very clean and very safe for our children. 4. The property values here were appreciating rather than decreasing. We strongly oppose the construction of this convenience store/gas station for the following: 1. Property value and resale of this property. 2. Total loss of our privacy both inside and outside our home. 3. The loitering of high 'school kids and potential gang type activities. 4. Vandalism to our property (i.e. back fence, house & cars). 5. Trash scattered all over our yard and neighborhood. b. Gas fumes from the station as the gas pumps will be located directly over our back fence. 7. The lights from this convenience store/gas station will beam directly into our bedroom window as well as the rest of our house. 8. Noise 24 hours a day. /'~ 9. Our backyard would be a potential escape route from armed robberies of the store. 1~. Our children would no longer be safe out playing in their own bacl.. yard. 11. Our dogs would be constantly disrupting the neighborhood be barking and digging at the back fence. 12. Increase of traffic flow as our street will be potentially used as a thoroughfare. We ask why should one person be allowed to profit off of such a business and the whole neighborhood pay by losing quality of life and thousands of dollars on their property? JE Y D HAN CONN I E J . F20HAN /'~ ~~~~~~~ .I a N 1 0 1995 R ~~ ~ r i/'i t~r~..ar...~rfi January 10, 1995 Dear Meridian City Planning & Zoning and City Councilmen, I, Tawna Kay Spoor, do strongly oppose the conditional use permit to construct a Convenience Store/Gas station on the North West corner of Ten Mile Road and Cherry Lane. The following are my views and reasons for my opposition. 1. I believe that the safety of my children and family will be endangered due to the potential increase in crime and health hazards such as car exhaust, possible gas leaks or explosions. 2. I feel that we will lose the privacy in our own back yard due to the design of where the gas pumps will go and the land elevation that will allow people to see into my back yard and see my children, therefore, I feel that the chance will be greatly increased for possible abduction of my children from our own enclosed back yard. 3. I do not want the lights to be shining directly into our bedrooms as they are all located on the side that would be closest to the above said property. I feel that this is a direct invasion of privacy in my own bedroom as I will have to constantly keep my draperies closed in order to keep the view of patrons using the store/gas station out of my bedroom. 4. The noise from cars and loud stereos will disturb us at night due to the how close this will be from our property. I do not want to be disturbed while I am sleeping. This is also part of the reason we moved from our other location is because of noise disturbances that we put up with for three years until it became so unbearable that we could not sleep when we wanted to. (Police records will show our previous noise complaints in reference to our previous residence.) We felt that this was an upscale residential neighborhood that would be quiet and a peaceful place to reside. So far this has proven true. 5. Our family invested two years in to the planning and building of our house. We designed it and even constructed it ourselves. We sacrificed a great deal in order to live and reside where we have chosen. The reason we chose this area again was because it was an upscale, quiet, residential zoned neighborhood in which we could raise our children in our "Dream Home". So I feel if this 24 hour convenience store/gas station is allowed to be constructed on above said location that we would be forced to have to sell our home as I would feel it no longer would be a safe place to raise my children. We would not only be losing property value but, our dream and two years of our lives. 6. I feel that crime would increase in this area if a 24 hour convenience store/gas station is allowed to go in so close to our homes. Crimes such as robberies, loitering, drug and alcohol use, vandalism and potential burglaries to our homes. I feel that this will become a 'hang-out' for high school kids such as the Maverick has become down on Linder and Cherry Lane. This does not provide a safe environment in which to raise our children. /'~ 7. I feel that the image into the Cherry Lane Village Subdivision and Golf Course would be detracted from and suffer negative effects. I, as a paying member of the Homeowners Association for the Cherry Lane Village Subdivision believe that we would be compromising our standards of living and quality of life in this area that we have worked so hard to build up so that others would desire to live here in our 'Upscale Neighborhood'. Therefore, I would strongly urge each of you to recommend that the conditional use permit to construct a convenience store/gas station at above said location, be denied as it would have a negative impact on the lives of the residences that surround this location. Thank your for your attention and consideration in this matter. Tawna Kay Spoor 1720 N. Aronmink Way Meridian, Idaho 83642 208)888-1995 SE"V7' BY ~ B01 SE. 1 D ~ 1-14-95 10 ~ O 1 HAI4LEY TROX^ELL-+ January 1p, 1995 Meridian Planning and Za~ning Co~anaission Meridian City Hall 33 least I4aho Avenue meridian, ID $3642 1 248 888 3961; 2/ 2 JAN 1 0 1995 ~;~'~ r ur r~rc:~,~,~,t~~ 1ta= fuller property A•:oae sad llequest for Coallitioaal os• permit Dear Commissioners: I am the president of the Chatty Lane Village Subdivision, xoa. 3, 4, and 5. Am president of the $ubdivision, I repres®nt 87 homeowners, and th® subdivigion has bean approved for 1A5 homes, and I write vn behalf of these homeowners. Wo are very vary concerned about the application !or r+~sone and oonditional use permit ~rhich the Fullers have suba~ittaa. We each bought our homes and unrested substantial some of money in a planned subdivision for the same reason--the planned subdivision provided absolute astsurances~ that the integrity of the neighborhood would bs maintained. At the time ire bought our lute, the site of the requested rezone was also zoned residential. To permit a rezone and to permit a comonience store to be constructed will unfairly prejudice us all because we relied upon the resid®ntiai zoning and character of the area. The construction of a convenience store will seriously and irreparably damage the integrity of the neighborhood. In addition, although the value: of the adjoinir-q landowners' homes will be alfactQd the most, the resulting decrease in values to all of the homes within the subdivision is immon8a and undeniable. The expsriancv of Judith Lollyy is telling and eannnt bs ignox'ad. A daciction by tho rlsnning and Eoninq Commission to permit a oonvsnicncs~ store is, in fact, a decision to ~aubject tha surrounding homes to the nightmare to which bis. Lousy was subjootod. Host importnntly, because oP the rise o! the lot and tho proposed use, there is absclut~aly no means of providing an adequate buffer to the neighboring homes and the neighborhood. Meridian Planning and Zoning Commission January 9, 1995 Page 2 /'"~ I have heard only negative comments about the proposed convenience store, and it would be entirely unfair for the Planning and Zoning Commission to allow the convenience store to be constructed over all of the objections of the surrounding landowners. The Fullers, as the owners of a property zoned residential, have some minimum duty to respect their neighbors, and the Planning and Zoning Commission should not allow the Fullers to undermine the integrity of our neighborhood in this manner. Thank you for your attention to our concerns, and we hope that an acceptable result is reached on the Fullers' application. Sincerely, ernon Croft, esident n January 10, 1995 JAN 1 0 1995 `:~ 1 ~ yr ~'a..,n,~jh~°, TO: PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN RE: REZONE OF SECTION 3, T.3N, R.1W (NW CORNER OF TEN MILE AND CHERRY LANE) AND CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION We fully emphathize with the Fuller family not wanting to reside on a corner that is being widened on both streets bordering their residence, with commercial property on both southern sides of the intersection at Cherry Lane and Ten Mile. It is our perception that a rezofie should be limited to a non- obtrusive, one level office/professional building, landscaped to blend in with the homes surrounding it. This would be a fair compromise. Our property is located on the NW corner of Woodmont, one block removed from the present rezoning proposal. We have been plagued by adolescents roaming and vandalizing homes in this area, in the past two years, and then seeking refuge in the darkness of the golf course. There has been periodic damage done to the golf course, most recently on the green next to our home. We feel the city would be inviting increased criminal activity on a more frequent basis if the convenience store were to be located in our residential area. It is well known that a 24 hour gas station/convenience store serves as a magnet for late night criminal activity that is perpetrated by individuals who are both demoralized and desperate. The potential for that criminal activity to spill over into a residential area is extremely high, taking into consideration the values of the homes bordering a golf course that does not have adequate lighting. We feel, at present, the City of Meridian does not have adequate law enforcement to police this growing area. We believe that if the conditional use permit is granted, it would not only greatly impact the existing subdivision, but slowly turn another nice neighborhood into a law enforcement quagmire. Is this what the City of Meridian wants? Is it fair to sacrifice a whole neighborhood and a City Golf Course that has plans for expansion and growth?. This Golf Course could potentially bring more income for the city than a proposed gas station/convenience store. With an elementary school slated to be built in the very near future across from this intersection, we would have to watch our small children walk past this corner each and every day, never knowing who would be watching them, being continually concerned about their safety, both from criminal activity and traffic. January 10, 1995 Page 2 /'~ The conditional use permit for the convenience store/gas station should not be given consideration. David M. Oglesbee, CADC, ICADC, CCS Senior Drug/Alcohol Specialist Idaho Department of Correction Idaho State Correctional Institution Marita A. Oglesbee /~/ ~ ~// s~ i /~, ~\ JAN 1 0 1~~5 v1~~ ~' yr ioi~.r.~iv:t~I~ PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11. 12 . 13. 14. ~l,~G- awr2~~% ,!D ~~G w 15 . PRINT NAME SIGNATURE ADDRESS PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 1. C~ 1~. ~~ C (,~~ ~~icc~ 7zt~ ,~ ~~ Q ~ I r 6. 1 2 7, 8. 9. 10 . 11, 12 . 13, 14. 15 . PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME SIGNATURE ADDRESS ~~ nn 1 . ~ v~ ~(J ~xr~/K 2 . / Qr2l~~,~<J~~l~l~ S /~c~lI.~/CL. ~ . ~=~?c~,r ~itQ. :~';2 7~ i r_.~, l ~(lr_~Crr»~,t 3. ' 4. 5. 6. 7. 8. 9. 10 . 11 . 12 . 13. 14. 15 . ,~ r. ~A~r~ - 6 ~~~~ CITY OF ~iEI~IDIA PETITION FtOS pERMiT TO CONSTRUCTI A CON ENIENCE STORE GAS CON)ITI~NAL STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LAN We. the undersigned homeowners and rosedthesRezoning from R 4Tto Mile and Cherry Lane, do STRONGLY opp L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our roa arty and opposition are as follows: Depreciation of surrounding p P residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. 1. 2. 3. 4 . 1 G/~ i~ 5 . ~-~'== 6.~~ ~.~~ 8. ~~ ~~~~ ~e ~u ~e G-f'+~ (.1~~1 !~/ l~G ~ ~ncli~ t L~~~ ~~~~rc~/1e4~- 9. ~outcl~ W6ozg1 lo. iNG ~r -~- ~ 11. ~r J/( 12 .~ ~" 13.E G~ 14.~~ 15 . GZ-1r1. ~ ~ l\ ~~~ ~~ ~5~~ ~d ~~ n ~- :.~. .~~~ ~/~ Q~ 1 l/Y~-1~--~ ~. ~93v I ~~Q~ may ~~ .n ~~ ~~ r~l~,Y ai~ ova ~w ~~~~~ ~~~ '~~~V l aC~rPw i'1'~`a- . PRINT NAME SIGNATURE ADDRESS ~~ ~~ Z.~~l~~1 Y~Y ~l:i JI~P~-6'~~~ CI'I`~ C~ ~~~E~ ~~~i` PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL IISE PERMIT TO CONSTRUCT A CONVENIENCE STORE GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. ~~ PRINT NAME SIGNATURE / ADDRESS 3 . ,. . . ~- `-, 7.~1=1~ 8 . ..: 10 13. 14. 1:z~c~-i ~ ~1L~; cat i. , ~ / .~ .~. CITY' OF 1~IF~lll~A: PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL IISE PERMIT TO CONSTRUCT A CONVENIENCE STORE GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our roaerty and opposition are as follows: Depreciation of surrounding p P residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 4 5 6. 7 12 . 13. C~ ~ ~~ ~",ta~ct 14. 15 . 11. ' L ~~ JAS! - fi 1~ PETITION FOR OPPOT TOC ONSTRU CNA CONVENIENCE STORE/GAS CONDITIONAL USE PERMI STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We, the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, deteriorating the image of surrounding residential homes, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (i.e. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the lost of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 1. 2. 3. 4. 5. 6.~ 7.- 8.~ 9~ 10. ~= ,~L 14.1'-'l~G/-bc~~, T ~~~ ~y~ ~c~~-- 17 /~ N_ ~J ~ cTa2 ~'fv~ P~~~~~ ~i~.~ t-. .~. JAS - 6 19~~ CITY ~DF l~£f~1DiA PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-4 7 CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We, the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, deteriorating the image of surrounding residential homes, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (i.e. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the lost of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 1. 2. 3. 4. 5. 6. 7. 8. 9. ~r~c r3~y~ ~--. 11. ~c.~c ~ i ~ 13. ~ ~~ ~ Tb 14. /`til ir_k z2~/e >~ 3~l rn e 10.~I~~o~~ ~ ~ ~ ~ t~ ^~o~~ ~~~~~ 301 a ~ ~ K}hh St". ~, JAPE - 6 1~y5 CITY OF h~EEI~IA: PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-0 7 CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We, the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, deteriorating the image of surrounding residential homes, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (i.e. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the lost of trees and wildlife. PRINT NAME SIGNATURE ADDRESS v 6v~' a • ,grv~s 2. - ` 4. /1~l~,eGf~~T ~• FNKt~G ~ 3/04 tc>. ~~tsto~l ~ A 5. l__~ ,• 6. Ste. w P~c~; ~ ~ ~,~ ~. ~°~- 3 ~~8 w ~.~~.~. s~-- ~. 8. y. 10 11, 12, 13. 14 ~\ ~^ ,,<ir q"' ~~ `Y aF ~E~4~I~l~i PETITION FOR OPPOSITION OF REZONING r~xVM K-4 -rv L-v a CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and rosedthesRezoning from R 4Tto Mile and Cherry Lane, do STRONGLY opp L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 2. T 6 ~ ~ as ~~R~~~~~ .~~. 3~ W~l I~IN ffl 32 ~-U e9RG~~P2JL. t~R , CD y ir/T ~~ 4. L 5. ~~ L. ~ ~R 1~ 3 ~ ~. ~ r~f~ ~S ~~ e ~1 a C~ ~c~...~ ~ w S o ,~ ~ '~ ~t ~ C~ E ~ , 6 . ~ . ~~ n~ i~ • Pu ~~~~-~~e, ~ .~) ~?~ ~~~~Q~ ~~ s . ..~ ~? 1 ~ v ~ ~ v ~K ?~O c~~ 10 ~ u..c~.c ~~#,. w ~ ( ~ . _ ~~~ ~~ ~~ N ~~~~ Z~N~ N~ ~~ 12 . a s~s~ ~v~I SeND /~'7d ~i/ez~,d~ ~y S e ~~ / 8 90 ~~~ti~ ~ 14 . 15 . ~j1, ~. ~~ ti, ~ ~.-. ~~r ~ ~c.lr ~ W ~, ~-. ~ ~: JAN - 9 199 CITY OF 1~~~~T3~AN PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. 1. 2. 3. 4. 5. ~. 6. L'e _ ~-. - - -. s . ~l~ Ems` ~ ~ ~/q ~~ S ~t 9. to ~3~ _ 11. ~ .-... - - - -p ,., 12 . r ~ `'' 13. 14. 15 . PRINT NAME SIGNATURE ADDRESS JAN - 9 1~~ CITY 0~ ~IERlD~AN PETITION FOR :OPPOSITION OF REZONING FROM R-4 TO L-O & __ __ _______..,.~. w nn*n~~uTL~N(~T.' STnRF/c We. the undersigned homeowners and rosedthesRezoning from R 4Tto Mile and Cherry Lane, do STRONGLY opp L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. _.._...~ w,w..8. CT('_NATiTRF ADDRESS JAN 1 0 1~~5 `;17'Y U~ ~iic~fiUlA January 9, 1995 Re/Max of Boise 7201 W. Franklin Rd. Boise, ID 83709 Mr. Steven Spoor 1720 N. Aronmink Way Meridian, ID 83642 HAND DELIVERED Re: James W. Fuller R-4 to L-O (special quadrant of Ten Mile Dear Mr. Spoor: This letter is o: the approval and your residential impact the value is clearly, yes, if a convenience home. and Lois J. Fuller Re-zone application from use: Convenience Store) near the N.W. Rd. and Cherry Lane, Meridian, Idaho Efered to you in response to your asking me if installation of a Convenience Store adjacent to dwelling at the above captioned address would of said residence. The answer to your question your value would be impacted in a negative way store is permitted to be built next to your As a full-time professional realtor now and for the past sixteen years in this county I am constantly in the business of selling real property. Unquestionably, in this age of consumer awareness, buyers are prone to avoid those properties with re- sale impediments such as proximity to dissimilar uses such as would occur if the above application were approved. Not only would you have to sell your residence for less but it would take you much longer to find a buyer willing to put up with the negative influence of an adjoining convenience store. Sincerely, John Blakeslee, G.R.I. Assoc. Broker n ;~`., .. ~~ ri 'gy'm 1iv ~,..:,~. `~ CITY (~F ~~~~ PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential houseY~olds, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and r wildlife. PRINT NAME SIGNATURE ADDRESS s 9 1~ 1 1 1 1 1 2 .+ey.• < CITY UI~" Iii~i~i~1~ PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL IISE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile.Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. 9, 10 . 11 . 12 . 13. 14, 15 . J A~ - 9 ~~a CITY QF lLF:~~~I~ ~~ ~u~~ ~;~~~~~ ~~ ~~ ~ ~t2 ~~`zcG~ ~, ,~~L~~~ 3 s~~~~x~ei u~ Goo ~~~i a~-,-.~ a ~ ~u~~ C~lC~ ~l~ DDCJ oo . Gf/~ -; /~y/~ // w~ 'p~`t~ dui d~?c~ ~~r~' G~a~ ~~ ~ ~~ Q~~~ ~ ~ / ~ ~c~ ~-~ ~~"O a'~~~c~ ~ ~~~ ~~~Ct~% ~~ G~-~-~ %La~-axe. G~a~N-- ~~~ ~~ ~~ ~z%~~~ ~~.. tea-- _ ~J ~~ tom. ~ ~~ ~~ ~~ ~~ .~ ~- '~~~~ ~~~- GC~ ~ ~ ~.~~ , ~ ~~ ~ ~ ~.~~ .~ ~ ~~ ~~ ^ ~ which would unquestionably arise if this facility were built it is obvious that it is inappropriate for the neighborhood. Also it must be noted that a similar facility is located within one mile making this one unneeded. Sincerely, Ernest E. and Blanche Hepper 1750 N. Ten Mile Rd. Meridian, Idaho 83642 CITY +DF ~iEK;iDitiiY Judith Lolley 1720 Crestmont Drive Meridian Idaho 83642 Planning and Zoning Comission Meridian Idaho 83642 The content of this letter is to inform the Commission of the issues that face dwellers who reside in homes next to convenience stores. I myself have lived next door to a convenience store since 1980 and have had considerable experience in dealing with convenience stores as neighbors. The first issue to deal with is the noise issue. Convenience stores typically use a type of heating/cooling system that is extremely noisy. The particular store next to my home has a unit that is very noisy in the summer. It can make a pleasant afternoon on the deck very annoying and I've spent many a night having difficulty sleeping from the noise. The other noise factor is the customer. Many customers do not have the courtesy to turn off their "boom boxes" as they purchase gasoline or whatever. Thus, you may be awakened at 3AM to the sound of base loud enough to rock your house. This, of course, is annoying as they travel through neighborhoods, but fortunately they usually don't stop in front of your house. I have called the store next door to me to ask them to tell the customer to turn off the radio, sometimes it works, sometimes it does not. The next issue is the damage to physical property. Many years ago I asked the store next to me if they wanted to share the cost of building a fence between my property and their and they did not, so my fence is on my property line. The store next door to me does not fence in their property on the other ends (east and west), and it is close to a mobile home park. The customers constantly climb over my fence to get to the store property. I even had to replace several boards in the fence where customers have kicked the boards in so they would not have to go over them. I have an actual video of customers doing just that. Currently, my fence is barely standing and I will need to have it repaired, on that side from the weight of customers climing over-I have put up "no Trespassing "signs on the fence, but it does not help. Safety is an issue ,because the back of the store is unprotected, people hang out behind the store an smoke, fight, and urinate. Several customers have urinated on my fence. I have written to the store and have had no response. Many years ago, the person accused of murdering the lady at the Wishing Well on Fairview Ave, before the time of this arrest, spent lots of afternoons sitting up against the wall behind the store. This little unprotected area attracts a lot of people who are usually doing something they want to hide. Smoking around this area is particularly dangerous in that the weeds behind the store are dry and waist high. A few years ago, after a robbery at the store, police asked if they could search my yard and garage to look for asuspect--at 2AM this is a little unnerving. One would think a robber would flee miles away from the area, but evidently this was not the case that night. I assumed the police had good reason to inspect my garage and yard. The actual physical area usually accumulates a lot of trash--customers typically open their candy bars or whatever and drop the trash at the store, which blows over onto my front lawn. ''~ /'~ Just months prior before, the area where customers filled their tires was not paved and cars driving on dirt and rocks would track the rocks onto the sidewalk area--it is a wonder to me that customers had not fallen or twisted their ankle on all the rocks on the sidewalk. The store has a lot of "gunk" sitting around behind--like some old blocks of broken concrete that have been there for years. The only attempt I have seen to beautify was a quick weed cutting last year, and an improved black top by the air hose. Anywhere you have customers who don't care, you are going to have problems, but some safeguards could have been implemented to protect the neighborhood from those problems. It would have been so nice had this store simply put up a very high cyclone fence to protect their area and prevent customers access to the store from behind. It would have been a nice gesture had they wanted to pay for part of my fence . It would have been nice had they asked their employees to periodically go out and pick up the trash in their lot and their neighbors and to actually put out trash cans. It would have been wonderful had they posted a sign (if legal) stating that if they want to buy gas they have to turn off their "boom box". If it were my store I would take a hundred dollars and plant some nice shrubs and "litter catcher" bushes along my property. As it is, I simply will not shop at the store next door to me and any other store with that logo, simply because they behave in a banner that indicates they do not care about their neighborhood. My house is not grand, but it is my home. Judith R. Lolley 1720 Crestmont Dr. Meridian, Idaho /'~ ~`~'F- ~~ CITY 0~ ~~~:~~~lA~ PLANNING AND ZONING COMMISSION CITY HALL 33 EAST IDAHO ST. ME3RIDIAN, ID. 83642 COMMISSIONERS, RE: RENEWING AND CONSIDERING THE APPLICATION FOR REZONING OF 1.07 ACRES AT THE CORNER OF TEN MILE AND CHERRY LANE, BY JAMES AND JEAN FULLER. MY PROPERTY LAYS DIRECTLY WEST OF THE SAID PROPERTY OF THE FULLERS. I OWN A TWO STORY TOWNHOUSE DIRECTLY NEXT TO THE WESTERN BORDER AN ARBIVITA HEDGE SEPARATES THESE PROPERTIES. I AM EXTREMELY CONCERNED THAT MY PRIVACY AND THE TRANQUILITY OF THE SUB- DIVISION WILL HAVE AN ADVERSE EFFECT ON PROPERTY VALUES AND THE CHARACTER OF OUR NEIGHBORHOOD. THE PROPOSED PLAN SUBMITTED DOES NOT ALLOW FOR ME ACCESS TO THE IRRIGATION WATER CARRRIED BY THE CONCRETE DITCH, WHICH IS DIRECTLY NEXT TO THE ARBIVITA HEDGE. THIS LACK OF ACCESS TO WATER OBVIOUSLY DEVALUE MY PROPERTY. I ALSO HAVE CONCERNS THAT MY VIEW OF THE BOISE FRONT AND BOGUS BASIN WILL BECOME OCCLUDED IF A COMMERCIAL BUILDING IS PLACED ON THIS PROPERTY.THIS IS A GREAT RESALE FACTOR IF I CHOOSE TO SELL MY HOUSE. I FEEL MY PIVACY HAS BEEN INVADED AND I WILL LOSE MONEY IF I SELL MY HOME. A REZONE TO COMMERCIAL USE OF THIS LAND WILL NOT ENHANCE OUR NEIGHBORHOOD. IT WILL ONLY SERVE TO ATTRACT CRIME, VANDALIZIM AND FILLING OUR NEIGHBORHOOD WITH TRSH FROM THE PATRONS WHO SHOP THERE. RESPECTFULLY SUBMITTED, DOLLCENIA TWILEGAR-LITTLE 3286 SUGAR CREEK DR., MERIDIAN ID. PLANNING AND ZONING COMMISSION CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 JAS! - b 15~~ CI'T'Y l~F ~E~IDIAN RE: PROPOSED CONVENIENCE STORE, TO BE LOCATED ON THE FULLER PROPERTY AS IN THE APPLICATION FOR REZONE OF THEIR PROPERTY LOCATED AT THE NORTH WEST OF TEN MILE ROAD AND CHERRY LANE. I HAVE MANY CONCERNS BUT IN PARTICULAR, THE IMPACT ON THE ENVIROMENT AS WELL AS, HEALTH CONCERNS FOR MYSELF. 1. IN ORDER FOR THIS PROJECT TO BE COMPLETED AS PROPOSED, THE LARGE DESIDUOUS TREES MUST BE REMOVED. THESE TREES HAVE PROVIDED FOR SHELTER, FOOD AND PROTECTION FOR MANY SPECIES OF BIRDS , SUCH AS, ROBBINS, SPARROWS, FINCHES, WOODPECKERS, QUAIL, OWLS, MORNING DOVES, MEADOWLARKS, AND OTHERS. I FEED THESE BIRDS TROUGH ALL THE SEASONS. THESE TREES NEED TO REMAIN A PART OF THE TOTAL LOOK OF OUR NEIGHBORHOOD, BECAUSE THIS PROPERTY IS A LANDMARK OF THIS SUBDIVISION. 2. EXHAUST POLLUTION FROM THE ROAD WAY ALONG SIDE THE ARBIVITA HEDGE THAT ABUTS THIS PROPERTY DOES NOT ALLOW FOR QUICK DISIPATION OF THESE FUMES AND , I AM AFRAID THESE , OVER TIME WILL AFFECT THIS HEDGE. 3. NOISE FROM THIS BUSUNESS WILL GREATLY AFFECT MY ABILTY TO SLEEP BECAUSE MY BEDROOMS AND BALCONY FACE THIS BUSINESS. MY BALCONY IS WITHIN 20 FEET OF THE ACCESS ROAD. 4. CRIMINAL ACTIVITY WILL ALWAYS BE CAUSE FOR CONCERN. THERE HAS BEEN NO PRO- VISION FOR A SECURITY FENCE TO PROTECT MY PROPERTY FROM ACCESS FROM THE PATRONS THAT USE THIS BUSINESS. n 5. THE RESIDENTIAL ATMOSPHERE AND AMBIANCE OF OUR SUBDIVISION WILL BE CHANGED FOREVER. I CANNOT EXPRESS LOUDLY ENOUGH MY DISAPPOINTMENT THAT THE FULLERS HAVE CHOSEN TO PURSUE THIS VENTURE WITHOUT TALKING WITH THEIR NEIGHBORS FIRST. RESPEECTFULLY SUBM~ D BY, DOLLCENIA TWILEGAR- LITT E 3286 SUGAR CREEK DR. MERIDIAN, ID. 83642 ~~~~~~~ JA t~ - 6 15~~ CITY OE I~EiT~IA~~ PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 1 . '1 ~ i C e- Ii/I , T~ o . Q~ ~~~~_`s .r~ , ~~ ~ ~ ~ ~ r~r~z.~n- ' 1-~-'a.,.~' 2 3 4 5 6 7 ~~ l`/, ~C ~! la 11 12 13 14 /,' r ~~ t~fl ~' ~!/% ~ --~'i ~ l ' , B'E'N i~~ ~-c~~/ //~~~~ , ~ l r 15 .~-- .Ji ~ r~` ~ -s~>~- ~~ ~_ 0 G ~ r~~3 ~_ ~~ S ~ I ~6t~c-~ r~,~.. ~ ~l`~ o----~'~ ~~'~ ~~ _- CITY OF ~~~~iDI~ PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. 1 .~ 2. 3. 4. 5. 6. 7. 8. 9. 'L.~ to . e ~ 12 . 13. 14. 15 . ~c~a~ PRINT NAME SIGNATURE ADDRESS Meridian Planning & Zoning Commission January 10, 1995 Page 49 an identified or designated group of neighbors to discuss what might be feasible with this property? Mockwa: Fuller's up to this point have followed the ordinance requirements as far as the notification of the public and I really can't speak for that issue. Johnson: We are still open if someone has a thought. Earnest Hepper, 1750 North Ten Mile Road, was sworn by the City Attorney. Hepper: The only comment I wish to make is my property is 110 feet from the Fuller property and I was not notified of any meeting. In fact I didn't find out until one of my neighbors mentioned it to me 2 or 3 days ago. Johnson: And that is in your name, the property? Hepper: Yes Vern Croft, 3410 Woodmont Drive, was sworn by the City Attorney. Croft: I would like Mr. Chairman, to advise you that I am the president of the Homeowners Association we have public property adjoining the Fuller's we received no notification of this hearing. Thank you. Riddlemoser: What is the name of your public, of your homeowners association? Croft: Cherry Lane Homeowners Association, P.O. Box 655, Meridian. Johnson: Thank you, there was another gentleman. Ken Shelton, 3225 West Woodmont Drive, was sworn by the City Attorney. Shelton: Mr. Chairman, gentlemen, (End of Tape) previous testimony in which I spoke for the petitions which you have received. I would just like to go on record as stating this. Thank you. Johnson: Anyone else before we close the public hearing here? Lee Hook, 3350 Sugar Creek Drive, was sworn by the City Attorney. Hook: Gentlemen, I just wanted to make one quick comment. My wife was up earlier and ,~-~ r Meridian Planning & Zoning Commission January 10, 1995 Page 50 she stated that we previously lived in the neighborhood behind the new Waremart Store in Boise. That neighborhood is also directly behind the Circle K located at Fairview and Five Mile. Several years ago a young lady working in that facility was shot and killed. I realize that the likelihood of that happening is slim but you only have to have that occur one time in your neighborhood. Thank you. Johnson: Thank you, is there anyone else? Charlie are you through? Rountree: Yes, Mr. Chairman. Johnson: I will now. close the public hearing. How would you like to address the Conditional use permit gentlemen? Rountree: Mr. Chairman, I move that we have findings of fact and conclusions of law prepared on the conditional use permit application. Shearer: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea Commissioner Hepper and City Attorney Wayne Crookston resume their seats. THREE MINUTE BREAK ITEM #13: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A FAMILY DAY CARE BY KELLY NESTEN: Johnson: I wilt now open the public hearing and if there is a representative or the applicant here would you please come forward and address the Commission at this time. Stiles: Mr. Chairman she did indicate that she had to go back home to her children. Johnson: She was here tonight and didn't anticipate all of these long winded people. She had to go home then. It is a public hearing, is there anyone else that would like to testify on this application for a family day care? Does anybody care? Is there any discussion? I will close the public hearing at this time. Does the Commission feel comfortable or would they like to question the applicant? Rountree: We have several letters of input at least 3 of which support it. And one HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • 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 Re; CONVENIENCE STORE - (JAMES & JEAN FULLER) (Request for Rezone & Conditional Use Permit) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARISTILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning January 5, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description submitted with this application for rezone appears to meet the requirements of the City of Meridian and State Tax Commission. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association. 3. The City of Meridian owns and maintains Sanitary Sewer and Water mains in Ten Mile Rd., and a Water main in Cherry Lane. Assessment fees for sewer and water service will be determined during the building plan review process. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape imgation. 5. All Off-Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-414 of the City of Meridian Zoning and Development Ordinance. 6. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. C : \ W PW IN60\G EN ERAL\ FU LLER. P&Z i OFFICIALS COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner R Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurar GARY D. SMITH, P.E. City 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 ~ HUB OF TREASURE VALLEY ~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 88811433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. K[NGSFORD 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: - anuary 3 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Conditional se Permit BY: James and Jean Fuller LOCATION OF PROPERTY OR PROJECT: Northwest comer of the intersection of Chem Lane and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 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.$. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) ~~ BUREAU OF R TION(PRELIM 8 FINAL PLAT) CITY FILES -~ OTHER: YOUR CONCISE REMA , RECEIVED DEC 2 1 199' Cl'!'Y 4F MERIDIAN ~ ~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN MAk YERRINGTON ROBERT D. CORRIE GARY D SM THS P.E. City Eng Weer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water supt. Planner a Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman - Planning d 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: January 3 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Conditional Use Permit BY: James and Jean Fuller LOCATION OF PROPERTY OR PROJECT: Northwest comer of the intersection of Cherry Lane and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _806 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 8~ 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES O , OTHER: ~ ~' ` YOUR CONCISE REMARKS: S ~.o.~Gr AS' ~~~-- ~o,D~~', w ,C; .~ ~~ w .' ~L .vv f It a ~ ~e ,~ 7 r~ohl~e -~-~.. w p fG~ S v GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission /'~ INTER-DEPARTMENT CORRESPONDENCE FULLER.CU/DSTECH 01-04-94 DATE: January 3, 1995 FROM: SUBJECT: Development Services PP Road, Meridian, ID 83642) (Representative - Toothman-Orton Engineering Company, Rick Orton, 1802 North 33rd Street, Boise, ID 83703) Conditional Use & Rezone Cherry/Ten Mile Convenience Store (A licant - James and Jean Fuller, ]_635 North Ten Mile FACTS & FINDINGS: 1. The applicants are seeking conditional use approval and rezone for a convenience store/gas station located on one acre on the northwest corner of the intersection of Cherry Lane and Ten Mile Road. 2. GENERAL INFORMATION: ACRES - 1.07 SQUARE FEET OF PROJECTED BUILDING - 2,400 ZONING - Existing: Residential - R-4 Requested: Commercial - L-U ESTIMATED VEHICLE TRIPS PER DAY - 500 TRAFFIC ANALYSIS ZONE - 260 L.F. OF FRONTAGE ON Ten Mile Road - 205 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 90-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Ten Mile Road is scheduled to be improved to a 66-foot street section with 5-foot sidewalks tapering to a 24-foot street section at Woodmount Drive. L.F. OF FRONTAGE ON Cherry Lane - 290 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 90-feet ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Conditional Use ~ Rezone Cherry/Ten Mile ~'•onvenience Store January 3, 1995 Page 3 The following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Provide- a deposit in the amount of $3,960 to the Public Rights-of-Way Trust Fund at the District for the construction of a 5-foot sidewalk on Ten Mile Road and Cherry Lane abutting parcel. 2. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvement of a raised median 295-feet long on Cherry Lane. 3. Construct a curb-return approach on Ten Mile Road with a maxi- mum width of 40-feet and 15-foot radii, located 15-feet south of the parcel's north boundary. 4. Construct a curb-return approach on Cherry Lane with a maximum width of 30-feet and 15-foot radii, located as far west as possible to keep the western curb-return within the right-of- way of Cherry Lane. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACFID shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.} outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across par- cel. 6. Submit three sets of street construction plans to the District for review and appropriate action. G~~^ I` GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary ~~~~~~~ JAN 0 6 1~9~ ~1~1 ~ sir r+r~:r,lt~lt~~ January 5, 1995 TO: JAMES & JEAN FULLER 1635 N. TEN MILE ROAD MERIDIAN ID 83642 FROM: Karen Gallagher, Development Servi SUBJECT: MERIDIAN CU & RZ - CHERRY & TEN MILE CONVENIENCE STORE Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 4, 1995. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron MERIDIAN CITY HALL -TOOTHMAN-ORTON ENGINEERING COMPANY, RICK ORTON ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 c ~ / s ~ 8 L O C K dIHERRY LANE ,~ 3 b • A-3 i ~~ ,: !y}! ooeE "' 1 i fIK NIdMM !67~ !!L CHERRY LANE .•`;tg OF -~ .••~d; °~ LA-214 n •t~ ~• ''~ i'~J ~syi r'~r • SCALE: 1" =60' ~'.,~O~,k•.«.••'0~~~.• '•... Y P ~ ..•. ppyE ---~o~r. ,r e I ~ E 'VILLAGE A -'~io'.~Mew°~ ~ . .I I:. ~..:.:~~ a .I I I r -- ..- - -- -- - -- --~ I ~- li I I ~ - I ~- :t I I ( I• . I r------------s i . i I I { PMOO MO ilAl10 M!A I .I i i' 1 i ~-.~ I..,a. I ~ I.~ ., i ~-------- ~ ~ ,~ I ., 1 ' I i ' ~ I.,, ~. I~ ' I ~ I ------- I '.~ i i s i i ~.' I.~ .. . ,I I. ~ t.~ ,. •.: I _ ~ ~... . . !•' ~IIIyR'l~ACR . _i~i~ . "'_ . s - i Y 7N1lJt UIL ' ~ G~~ s ' o ~~ ~ ~- J ONYEVAr ~ i i z w Z I ~~ !~ ,~ i ~ i I I ~~ R ~T ~~' ~ P~'-~ i I ., ' CENTRAL REVIEW SHEET •• DISTRICT Environmental Health Division ~ i ~`~~ ;a.. L... ~.. ~H EALTH ~ ~ ~ .-.- Return to. ^ Boise DEPARTMENT JAPE 0 6 =:.:~::av ^ Eagle Rezone # ~j~'~' ~~' ~~~~~~~~;~~; ^ Garden city ~~ ,-Meridian Conditional Use # ~~ ~l~.e%fs-tom ^ Kuna Preliminary /Final / ort Plat _ ^ ACZ /1/G/ L:~~'Yyy'l~ L G a~ /-Pn ~r~ ~da~ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ 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: L®. 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. 5~-=~ ~~~'G~-7~ ~.~G~D/`1~! ~7~~i9~70~ ~pY Date: ` / / ~~ w1i9~Yr LLJ/ly/i~~yEy/"' Reviewed By: CDHD 10/91 rcb, rev. II/93 jll CcNTRAL ^ r-~ ir1~ ""'#~?ISTRICT ~~_ DEPARTMENT MAIN OFFICE • 707 N. ARMSIRCNG ?L ~ 801Sc.10.83104 •0108) 315-5211 • FAX: 327a.,~,0 To present and treat disease and disability; io promote healthy lifestyles and to protect and promote the health and quality of our em~ironn[ent. STORMWATER MANAGEMENT RECObIl~IENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK ' Prepared by Camp Dresser and McBee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado YaIIey, Farnor>~ Boise. and 9da Counties Ada / lain Courop Oda WIC Boise • Maiaian Brnon Cants 00lce 6nae County 03a Yaler ~~ ~ 107 N. Anzm~ong PL 1606 Rmrns 520E 8tt~ meet K at &nionnsMlal Htatlll P.Q Box 1448 9ose. ID..83704 loos. ~. Nlarnan Home. ~. 190 S Cn Sheet E MCCr.B). 83638 6mio. Heofttt'„27 7499 8,!705 PR 354.'U.5 83647 Pn 587•Ie07 blotrnoit Hans. r0. Ph 6347194 '~N ~+¢ J277~ 3241Aericiat D. 8369 Fn X7.9715 ttsrRnmorotss?.277450 83642Ph886d525 Ntat>fiost 327.7460 tVIC:327•;d88 ~ ~ HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 "BILL" GORDON, Police Chief W L ~.~ JIM JOHNSON . . WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887j1813 ~ ~~~ ~~~ ai an -Planning & Zoning ~ ~ Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ~ ~ ~~~ 'C~CJ4 Mayor NAMPA & M~~il;~lf;N I~i~iiGA7'IC)N DIS`i rsiCT 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: January 3. 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Conditional Use Permit BY: James and Jean Fuller LOCATION OF PROPERTY OR PROJECT: Northwest comer of the intersection of CherrX Lane and Ten Mile Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION -TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYO R NAMPA MERIDIAN IRRIGATION DISTRICT - -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) - MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) - -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) -SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected.. Municipal surface drainage must - CITY ATTORNEY be retained on site. If any surface, drainage leaves - CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review draina;e plans. It is recommended that rinn narPr h made a irri vailable to all developments within this District~~.~~ ~ a ~ Marirlian Trrigatin Nam n District re(w,ires that a Land Use Change/Site p nl;rar;nn hP t~ nr a ln D filed for review prior to final Flattine. Contact r eue p Donna Mnnra ~r 'lt.~ 1RRG nr ll(,(,-7Rhl fnr further information Bill Henson Assistant Water Superintendent Nampa & Meridian Irrigation District .~~'.~`~ n ~ -. .n ~~tl~ ... ,._~_,c,.... ~ HUB OF TREASURE VALLEY ~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City 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 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning AOmimstrawr 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 3 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Conditional Use Permit - BY: es a d can Fuller LOCATION OF PROPERTY OR PROJECT: Northwest corner of the intersection of Cher Lane and Ten Mile Road - JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 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 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: :9 We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Tim Adams Idaho Power T~ Ikv A~ 322-2047 ~ 2-~ ,~'1 RECEI~IEI) JAN 1 0 195 CITY CF MERIDIAN PLANNING AND ZONING COMMISSION I WOULD HAVE LIKED TO BE AT THIS MEETING IN PERSON, BUT BECAUSE OF ANOTHER MEETING, I COULD NOT ATTEND. I AM WRITING IN OPPOSITION TO THE REZONING OF THE FULLER PROPERTY AT THE CORNER OF CHERRY LANE AND TEN MILE. THIS IS ZONED R-4, I BELIEVE, AND IT SHOULD STAY R-4. THIS AREA IS RESIDENTIAL AND DOES NOT NEED ANY MORE COMMERCIAL PROPERTY. THERE IS COMMERCIAL ZONING ACROSS THE ROAD AND N0 HOMES HAVE BEEN BUILT THERE, AS YET. I UNDERSTAND THAT ALBERTSON'S IS PLANNING TO BUILD A STORE ON THE SOUTH WEST CORNER. IF THIS PROPERTY IS ZONED COMMERCIAL AND THE PLANS FOR ANOTHER CONVIENCE TYPE STORE WITH GAS PUMPS COMES IN, IT WOULD NOT BE VERY GOOD FOR THE AREA. THERE IS ONE OF THESE DOWN THE ROAD AND I DO NOT THINK WE .REALLY NEED ANOTHER HERE. ~~~~~a~ -~ ., ~-'~ yes ~~~ 3S ~/d w~ GJaa~~ M-~ - .~ ~ ~ ' ~l ~~~J CITY ®F t~iERi®IAN January 5, 1995 Planning and Zoning Board City of Meridian RE: Proposed rezoning and construction of a Service Station and Convenience Store on Fuller residential property at the NW corner of N. Ten Mile Rd. and Cherry Lane Dear Members of Planning and Zoning Board, Our property is located at 1750 N. Ten Mile road, approximately 110 feet from the property being considered a Service Station and Convenience Store. We are vehemently opposed to the building of a Service Station and Convenience Store on this property for the following reasons: 1. Noise - A service station and convenience store would substantially increase the noise from early morning to late at night completely destroying the reason we built our retirement home at this location in the first place, the peace and quite of a rural residential setting. 2. Traffic - Traffic would obviously increase a great deal and at the present time it is such that for approximately 200 to 300 yards ,North of the intersection to North Ten Mile Road and Cherry Lane it is very difficult to access Ten Mile Road and the increased traffic would cause this area to be a traffic hazard. 3. Pollution - The increased stop and go traffic at a facility such as a service station and store would increase air pollution and contribute a great deal of litter in this residential area. 4. Crime - Having a service station and store in this area would almost certainly increase vandalism and burglary. Also if the store as most would sell alcohol it would greatly increase the number of intoxicated drivers in a residential area. 5. Overall devaluation of home values - The aformentioned potential problems will detract from the general quality 'of life and overall aesthetics of the neighborhood and. would unquestionably devalue our property. Considering these five primary problems plus many others r~ r~ Meridian City Council March 21, 1995 Page 14 MOTION CARRIED: All Yea Kingsford: Those amended findings would be voted on at the next meeting. If they are approved they will be public and you can all review those. ITEM #6: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A GAS STATION/CONVENIENCE STORE BY JAMES AND JEAN FULLER: Kingsford: At this time I will open that public hearing and invite the applicant or his desginee to speak first. Tim Mockwa, Toothman-Orton Engineering, was sworn by the Attorney. Mockwa: This second and completely separate request is for the conditional use permit to allow construction of a convenience store on the Fuller property. A conditional use permit is required for this use within the Limited Office zone. The facts and findings and conclusions of law state that the petitioners have to complied with all local requirements of the Local Planning Act, and of the City of Meridian. This property has sewer, water, fire protection, police protection and would not create excessive additional requirements at public costs for public facilities and services. This use would not be detrimental to the economic welfare of the community. Again, this is out of the facts and findings, this is not my opinion. The proposed use would be harmonious with and in accordance with the comprehensive plan. Again the facts and findings. The Commission recommended to the Council that you deny this request, the reasons were that this use would not be harmonious with the character of the general vicinity and would change the character fo the area. The Commission also stated in the facts of findings that this use would be harmonious with and in accordance with the Comprehensive Plan. The comprehensive plan is a vehicle the City has adopted to ensure future development occurs in a harmonious manner as growth occurs. Growth has occured and these changed conditions indicates that this property use should be changed accordingly. This request is simply asking that this property be permitted to develop along with the character of the general vicinity and in accordance with the Comprehensive plan. Kingsford: Questions from the Council? Anyone else from the public? Steve Spoor, 1720 North Aronmink Way, was sworn by the Attorney. Spoor: Mr. Mayor and members of the Council, I addressed the Planning and Zoning Committee which you should have a copy of my testimony, the comments that I brought to their attention still stand and I just wanted to re-testify that I would like to bring those in front of you for discussion. Thank you. Meridian City Council March 21, 1995 Page 15 r~ Ken Shelton, 3225 West Woodmont Drive, was sworn by the City Attorney. Shelton: Mr. Mayor, distinguished members of the Council, as I stated previously I would request that you deny and I concur with the findings of the Planning and Zoning Commission to request this approval for a conditional use permit. It will definitely economic and a social impact on our community. So I won't take any more of your time, thank you for the opportunity to comment. Richard Britton, 3030 Autumn Way, was sworn by the Attorney. Britton: Mr. Mayor, I represent the Meridian Seventh Day Adventist church, we own the lot and someday intend to build on it that is directly across the street. Last night the church board voted to oppose this convenience store application and asked me if I would represent them here tonight in that opposition. As a church group we are against or opposed to the convenience store operation on that corner. Kingsford: Thank you. Jerry Rohan, 3255 West Woodmont Drive, was sworn by the Attorney. (End of Tape) Rohan: Thanks for letting me talk to you gentlemen again, I am not sure that I went to the same meeting that Mr. Mockwa went to with the Planning and Zoning Commission. When I listened to what they, on their facts and findings is that they couldn't really find anything positive that would really come about by putting, letting a convenience store/gas station be allowed to be built there. The comprehensive plan, I don't understand where this gentleman came up with, how in the wide world of sports that could fit in with it. In our previous testimony I believe we stated in there that it doesn't even come close to fitting in there. How a convenience store/gas station could be harmonious to the neighborhood, you gentlemen have all been to them, you have seen the traffic, the noise, the lights at night. If you come in late, the people that come in there with their stereos blaring, their loud cars, partying, the trash the noise it just keeps going on and on. The economic impact to the neighbors is just phenomenal, we are going to lose thousands of dollars on our property our values of our property because we have gas pumps right in our backyard. __ Anybody can see that, that is why I don't understand, I guess you can tum anything around that you want to, but {just don't see how it could work even if I live farther back in the subdivision. At this time I would like to request that you conclusively deny the permit for the conditional use permit for the gas station/convenience store. Thank you gentlemen. Kingsford: Thank you, anyone else from the public? Meridian City Council March 21, 1995 Page 16 Mockwa: I would just like to state for the record as I was talking about this conditional use permit request, what I was trying to do was to point out what the facts and findings stated and draw from their conclusion on why they rejected it and discuss that a little bit. The three items that I read off again were not my opinion they were taking right out of the facts of findings and conclusions of law which you have on your desk there in front of you. Kingsford: Thank you, anyone else? Seeing none I will close the public hearing. Council members, Counselor, as I reviewed the minutes of P & Z that sounds pretty much like what we have. Riddlemoser: I don't see any material additional testimony Mr. Mayor. Kingsford: Council members? Morrow: Mr. Mayor, I would move that we adopt the finding of fact and conclusions of law as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to adopt the findings of fact and conclusions of law as written, 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, a motion on the decision would be that the Meridian Planning and Zoning commission hereby recommends to the City Council of the City of Meridian that they deny the conditional use permit requested by the applicant for the property described in the application in accordance with the findings of fact and conclusions of law set forth herein. Yerrington: Second Kingsford: Moved by Walt, second by Max to deny the conditional use application, all those in favor? Opposed? MOTION CARRIED: All Yea l Meridian City Council March 21, 1995 Page 17 Kingsford: I thank everyone for their testimony and certainly those of you that had concerns if there is anything that wouldn't be a permitted use in an L-O zone you would be re-noticed and testimony would be available again at that point. Thank you. ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR TREASURE VALLEY BUSINESS CENTER PHASE 2, 66 LOTS BY GEMTONE, INC.: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Val Elg, 1111 South Orchard, Boise, was sworn by the City Attorney. Elg: Mr. Mayor, members of the City Council, we are here to present to you the second phase of the Treasure Valley Business Center. Many of you know the history of this project, many of you are aware that it sat undeveloped for quite some time. The owners have decided to move forward on a proposal to develop the project in a means that will provide quite a bit of flexibility for the development of these lots. I will hold this up here, hopefully you can see that. The lots here, this development here in phase 2 will create an extension of the existing street system in phase 1. We have the Treasure Valley Business Center phase 1 along this north boundary line with this irrigation ditch running through here. We have the Yellow Freight and Tri-City Meats and the other structures that are being built here in phase 1. This development here incorporates a design where the lots are rather narrow but buildable. As each land owner wishes they may purchase additional lots to suit their needs for their type of industrial development. In reviewing this application, we found that there is an existing PDG approval that encompasses this site and in addition the property is zoned I-L. A conditional use permit is not required for most uses out here for Industrial uses. The other thing that I might point out this road right here is Pine Street extended, this provides for a means of acquiring additional right of way to extend Pine Street. We discussed that with ACRD, they are in support of what is occurring here. There is also access permits from ITD at both locations of Pine Street and this State Street Avenue extension. Both which empty out onto Eagle. Here again we have access from the north North Olive and at Hickory I believe it is called. As you can see there is ample access we also have a stub street planned for at this point right here heading off to the west. I guess what I will do is dive right into some of the conditions for approval. We read over them again and again and discussed them with Shari and with staff. We are.__. quite comfortable with the conditions that have been proposed. It is the intent I believe at this point to request platting of the entire development, however, it may in fact become a phased development somewhere in this neighborhood here. This may be the first phase, somewhere in this area here and we will identify that to Shari before we come in with the final plat. As faras site specific requirements from public works, they asked us to identify the uses for Lot 6, Block 1 and 2 down here. This was originally a railroad spur and as you .-~ MERIDIAN CITY COUNCIL MEETING: MARCH 21.1995 APPLICANT JAMES AND JEAN FULLER ITEM NUMBER; 6 REQUEST; REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A GAS STATION/ CONVENIENCE STORE AGENCY COMMENTS CITY CLERK: P ~ Z MINUTES FROM 1-10-95 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 BU{LDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: l~l Materials presented at public meetings shall ecproperty of the City of Meridian. ~~ ___ ~ ~~ 1 ,~ ~~ ~: ~~ ~~ ~~ ,z~' ~ ,...~ Meridian Planning & Zoning Commission January 10, 1995 Page 47 James and Jean Fuller, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PERMISSION TO CONSTRUCT A CONVENIENCE STORE/GAS STATION BY JAMES AND JEAN FULLER: Johnson: I am assuming you still wish to sit down. I will now open the public hearing. Tim Mockwa, 1802 North 33rd Street, Boise, was sworn by the City Attorney. Mockwa: I really have nothing further to add on this. My presentation earlier covered both of these issues. The one thing I would like to add is that this plan was intentionally done conceptually so that we can incorporate any objective measurable comments or concerns the neighbors might have. We would appreciate hearing those. That is all I have. Johnson: Thank you very much, any questions? Anyone else from the public that would like to address the conditional use permit application? Steve Hardesty, 877 Main Street, Boise, was sworn by the City Attorney. Hardesty: Mr. Chairperson and members of the Commission just for the record my comments earlier were addressed to both the rezone application and the conditional use permit application. I believe those of Mr. Shelton's, Mr. Unger and Mr. Spoor's comments would be the same for the record they were directed at the conditional use permit. Thank you. Johnson: Thank you Mr. Hardesty. Is there anyone else? Richard Britton, was sworn by the City Attomey. Britton: My comments earlier about the zoning and conditional use permits they go for the conditional use permit also. Johnson: Thank you, another gentleman. Robert Unger, 3281 Sugar Creek, was sworn by the City Attomey. Unger: 1 just have one procedural question is all I have, in your motions to direct the attorney to prepare findings of fact and conclusions of law what does that mean. Have you ^ ~ Meridian Planning & Zoning Commission January 10, 1995 Page 48 recommended approval or are you not recommending approval? Johnson: We haven't recommended anything at this point, we have asked the City Attomey which we are required to do by law to look at it from a legal standpoint. He will prepare that findings of fact and conclusions of law which will incorporate the comments made tonight then we will look at that and come to a conclusion through the findings of fact process to either recommend to go further to City Council or to deny or whatever the recommendation is. It is just our next natural and mandated step that we take. Unger: Will we know an answer to that? Johnson: The findings of fact and conclusions of law are not public information until they are approved. At which time they are approved you can have a copy of those. Unger: Do we know when that would be? Johnson: We hope to have those done by our next regularly scheduled meeting which is February 14th that will be part of our agenda. If you were here earlier that is what we went through with the first 5 items. There is no public testimony we just make a motion as to what we want to do with the findings of fact as prepared by the City Attorney and at that point then it is public information. We pass it onto you and it also goes onto City Council for their decision. Unger: Thank you Johnson: Anybody else? Steve Spoor, 1720 Aronmink Way, was sworn by the City Attorney. Spoor: My comments that I stated earlier more or less pertain to the actual special use permit and I want to make that clear in the record. The only thing I want to say is if you put a gas station in my backyard 1 am going to move to another City. Thank you. Johnson: Anyone else? I will now close the public hearing. Rountree: I would like to direct a question to the applicant's representative. Johnson: I will now re-open the public hearing. Rountree: Based on your closing comment, I know the Fuller's aren't here to discuss this but do you feel in your discussions with them that they would be willing to sit down with • •_ .~, ( +. t. , . ~ ~ , - ~ ~ lt_~,~~i } '1'I'1'LE COMPANY OF IDAHO ; • r ~~ ~~ •^t`. ~°~• ~ ~ ~' ", •` 5 J 624 3rd ST. SO. ( 1208) 487-92001345.4050 ~ 1002 ELAINE ST., SUITE B ~ .~ , c '• ~ • •= • R NAMPA, IDAHO 83651 (208) 454.1491 CALDWELL, IDAHO 83605 +t ;~ ,+ April 13, 1982 \ ~'~ • •, - ;~ ~ ~ -- 1 ' LOT BOOK REPORT !3 ' WESTERN ADA RECREATION DISTRICT 625 W. Carlton Avenue ' ,; Meridian, Idaho Attn: Ken Crawford I ~~ Gentlemen: RE: Our Order CT-12057-CP 0 ;~ At your request, we have searched our Tract Indices of County Records, as to the following described property: ~A.txact_of land in the N~ of Section 10, T. 3 N., R. 1 W., B.M., Ada County, Idaho;. being more particularly described as follows: `Commencing~at a brass cap monument marking the section corner common to Sections ~': ~ 2;.3, 10 and 11, T. 3 N.., R. 1 W., B.M., Ada County, Idaho, from which a -~ brass.cap monument marking the one-quarter corner common to said Sections 10 r ... :..ands 11 bears ':' ,~ `;.fit ~,b°00'00" W: , 2,656.47 feet, thence ' 8. 0;°_00!_00" W.. along the .section Yine common to said Sections 10 and 11, 1328.23 I ~" felh to the. southeast corner.of the 1JF~NF~ .,f r,_,~ ceyt`,_,: ,~, ~ ~, N 89°38'4•". W.-along the south boundary line of said NE'~,NE'y, 1326.27 feet to the ,. ~•J~brtheast corner of•the NE~SW'}NE~ of .said Section 10, the REAL POINT OF s : ,~. , ~BSQINffIkG; thence ~ ,. .~-', 4 R OsO;~'~l" `W. , 663.56 feet to the southeast ,corner of said NE S It W~NE~; thence N 89°37'.:22" W., 663.51: feet .to the 'southwest corner of said NE S N 89°37422" W. along the south boundary line of the NW SW ~ W~~' thence t" ~ ~r,NE~ of said Section 10, '73..23'. feet to a point on the renterlr-e ,of the Ten Mile Drain as said ',centerline is described on that'.c~rtain Quitclaim Deed .recorded in Book 121 o#,:DeEds at Page 23, Records of Ada County; thence N. 56°52' W., (same as N. 56°47'W. on said Quitclaim Deed) along said centerline, 567.83 feet to a point; thence along said centerline on a curve to the left with a radius of 286.48 feet, a central angle of 23°02' and whose long chord • bears -c•unti nufrd- REPRESENTING CHICA(a0 TITLE INSURANCE COMPANY if ~' i ~' . " LUT Bf~-+• •.~.~•t•«;•, t"1'-12057-CP ~1pri ~ 1 „~~ 1'a ~Ge ~. ~. Not •>a ~.~` _ :. `~, . N. 68°23' W., 114..39 feet to a point; thence N. 79°54' W., (same' as N. 79°49'.W. on said Quitclaim Deed) along said centerline,. 1305.50 feet to ,~ poi.nt; thence along said centerline on a curve to the right with a radius of 143.24 feet, a central angle of 17°48'35" and whose long chord bears N. 70°59'43" W., 44.35 feet to a point on the west boundary line of the N~SE~NWy of"said Section 10; thence 1~• ~-~~~'~~" :.• along sau wes~ oouudary line, 7y.4i feet Lo tine northwest corner y, o `t8id N~SE~N'W~; thence 1 S 89~ .7" E. along the north boundary line of said N~SB~NW~, 330.06 feet to a ~`~ ~•' '' thence _.Q ' r S. ~7 `8~ ; 700.37 .feet to a point; thence N Q~~ ,~; 79.71 fee p}'a point•,'' thence • N $9 `.* , X67.52 'fee~r~o a point; thence ~ ~Q ~ ,193.84 fee~~.~Q a point; thence '~.~ ~0° ~.t 277 86 feet~to a point on the north boundary line of the NW~SW~NE~ ,;_of a~i ~ stion 10; thence: ~'~S 89° _ ~~' E, 69 04 feet to fete northeast corner of said NW~SW~NE~; thence ~ S $9Q ' E along; the•'morth: koutldary line of the NE S `' 6~ ' ~=feet-to the REAL POIIr7T OF BEGINNING. ~ W#NE~ of said Section 10, •.ti t. y .~ , .(.... ~ti~.,~ ~} asp ;~A ril 8, 1982, at 7:30 a.m., we find the last deed of record to be from {~=;~1~~~' LER AND ~O~S ~ ; FULLER, to WESTERN ADA RECREATION DISTRICT, recorded ~~~~' ~1981, as.~nst~wuent No. 8151173, records of Ada County, Idaho. ~~~`~`'=We'~ave also searched our General Index for judgments and income tax liens ags.inst.~S~'ERN ADA RECREATION DISTRICT, and as of the above date ~.p f;...~. ` ~xv 2 .; sP .,... ma ~~ 3. ~~ :~urt~her find taxes, city liens, and other encumbrances as follows: ,, ~~~ :.Faxes for the year 1982, which are liens; are not yet due and ,d `.General Faxes for Cie year 1981, are paid. PARCEL N0. S-1210110100 ,~..Os~ginal amount of $1 329.b0 and PARCEL N0. S-1210120600 in the ~ .,~ - - $~` ,1 _aioount of X724.42. ' ~r C~a~ assessments of .the City of~Boise; none now show of record. No search e'for;sPwage disposal ser®ice charges. Right-of-way Easement over a portion of the property he rei~~.described for a public road known as "Cherry Lane", dated February 7, 1961, recorded April 7, 1961, as Instrument No. 500296, records of Ada County, Idaho -continued- ,~ ic? -- ~--_ -. ~ ~ ~ ~~ 'ti } 's ,_. ~ . S ~" ~ err'; '` , G0~'. h~,,,. kr'.rURT, C'f-12057-CP >- M Page' .3 .,:,, :; ~ ~. ~. `4 AitjCh, road and ~4b1ic utilit easements as the same ma ~ Est over said ._ ptewi ses . ., s r , . Y .. Y.~,.. ~~ ''S ~'LieA~, levies and assessments of the Nampa-Meridian Irri~a oa District, and ~ rx' ::tb~?:rights, powe~s`~a~ easements of said District as by le ,-provided. No ~ d!'~~.3c~'.:~.^..`~ag g~?p~t..!: 0; ,'°^^~.a, ±^ ~~. rr,' ~ -{~ t~~ 1a n ~.u . s ' " ....:~,..r :...~c.-der. '; ~s ~ceport is base pn a search of our tract indices of the County Records. ~ •~ ~,.y~ '; ~s~iitr a title or rshi re brt and no examination of , ~~ ` title to the -'~` :prb 't~ .d~scrfbed has'be~~~.i~ade. For this reason no liabilitp~beyond the amount ,>#~-' ~'~ ~ ~ R ~ :is report is a domed hereunder and the~~ompany is as responsible a~ -~, ~ s `aawunt paid for any errors or~omissions ontaiaed he~in. q,.Y - t "~ .~ ., CHICA C . ~b .w` ~ ,- t -; a:' - "~ ' '~'" Manager tle Operations ~~~~ . `r ~ { ~ t~, fir. r c y'~l 3' • ~ ~ _ , y 't~ . r ~, 3~.' ~.. 3~'~'r 1 ,, ~1~ 1}r ~ ~Z~ ~ ~y'~.~{16F x A }~ ~' Y'~h~~ ~.~,5. } t ,`~F q 7 ~~ ~ S- ~_ . ~ ~ .. ` .. ~ ~~' ..; r j~~ Shnron Smith From: Bruce Freckleton [frecklef~@meridiancity.org] Sent: Tuesday, August 20, 2002 3:18 PM To: 'Sharon Smith' Cc: Gary Subject: RE FuNer Park Sharon, It looks like Annexation Ordinance 316-A (12/19/77) took in Parkside Creek, and Fuller Park. Bruce ----Original Message----- From: Sharon Smith [mailto:smithsQmeridiancity.org] Sent: Tuesday, August 20, 2002 i 2:50 PM To: Bruce Freckleton (E-mail); Gary Smith (E-mail) Subject: Fuller Park Can I pick your brains? Do you know if Fuller Park was annexed as park of Parkside Creek? And do you know what the Parkside Creek property was annexed under? I am not finding the AZ ordinance. Do you know if it was annexed by James Fuller or someone else? Thanks sirs. Sharon Smith Meridian City Clerk's Office Ph. 888-4433 ext 210 1 (/ - ~~~ ~ Western Ada Recreation District P.O. Box 6oi Meridian, Idaho 8361x.2 Gary Smith 2~0 So. Beechwood Boise, Idaho 83709 Dear Mr. Smith: .. '..9'!.~ ..~'~ _ t~'.~.~J - ,.-., ~ ~ _. ..._ ~.._.~ ~ ~ 1 1 ~-~ ~J' I I have enclosed copies from Chicago Title Company of Idaho describing the Fuller Park property, .+hich they obtained from County Records. This should have all the necessary information. If you have any questions, please call 888-4081. S inc~erely, - ~/.~~Z~2./ Gladys Ingram Sec. Treas. OFFICIALS COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City 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 SHARI STILES MERIDIAN, IDAHO 83642 Planner & zoning Adminietrator Phone 208 888-4433 • FAX 208 887-4813 ~, .,t...n _ ,, y w t~. JIM JOHNSON ( ) ( ) ~ .... Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD x„ ~,. ~ `-t ~ ~ ~b ._ , Mayor 1$J Pq 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 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: ,lanuary 3. 1995 TRANSMITTAL DATE: 12/19!94 HEARING DATE: 1/10/95 REQUEST:. Conditional Use Permit BY: James and Jean Fuller LOCATION OF PROPERTY OR PROJECT: Northwest comer of the intersection of Chenv Lane and Ten Mile Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 YUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 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 8 FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) ~_CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: James W. Fuller & Lois Jean Fuller PHONE: 888-1116 ADDRESS: 1635 North Ten Mile Road, Meridian, ID 83642 GENERAL LOCATION: ~ corner of Ten Mile Road & Cherry Lane DESCRIPTION OF PROPOSED CONDITIONAL USE: Permission to construct a convenience store/gas station Existing R-4; rezone ZONING CLASSIFICATION:request to L-0 i ~. 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 30 copies). .-~-_~ ~ ~~.c~~-rte Signatu 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 at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 1802 NORTH 33rd STREET BOISE, IDAHO 83703-5897 208-342-5511 FAX ZOB-342-5514 December 14, 1994 Ms. Shari Stiles Planning & Zoning Administrator City of Meridian 33 East Idaho Avenue Meridian, ID 83642 RE: Fuller Property Rezone Request & Conditional"Use PeitniA Dear Ms. Stiles: Enclosed is the submittal package for the above referenced project. The subject property is currently zoned R-4. This submittal is requesting: 1.) The property be rezoned to Limited Office (L-O) and 2.) The property be granted a Conditional Use Permit for the purpose of constructing a convenience store. The property is currently serving as a single family residence. Due to the high viability of this intersection, the size of the parcel and it's comprehensive plan classification of Urban, a convenience store appears to be an ideal use for this property. The design restrictions placed on the property, as mentioned on the plan insure the site will be developed in a way that does not retract from the existing adjacent property. Care has been taken to provide requirements on the plan to screen the adjacent residential property from the parking. The 25' side yard along North Ten Mile Road provides an area we have designated as a landscape and lawn area which will provide an attractive view of the property from the intersection of Ten Mile Road and Cherry Lane. The applicant has agreed that either he or the user of the proposed facility will pay any additional sewer, water or trash fees or charges associated with the proposed use. The applicant has agreed to post notice of public hearing signs on the property one week prior to public hearings. Please feel free to call should you have any questions on the enclosed information. Sincerely, TOOTHMAN-ORTON ENGINEERING COMPANY ~~ Tim Mokwa 94006-20-200(i:\94006\wpfiles\stiles 1.214) BOISE McCALL, IDAHO 1L/13/aa 15:11 'YYYUN :f45 ltlSU Al;HU ~ - ~IUU1/UUJ uu cc u~~ 7-~'--~-~_ i 0 R 0 16 ACHD Project 52058.3 ' Cherry Lane Linder to Black Cat R/W Parcel No. 48 :a:' +;:~. `ZECO?UER BOISE {O lIda County HtQhway DfsMcf '9`t JllNQQ24 P~! ' 0 ~ fEEM.l.~ ~:. !~/ RECO~t:it:::,:. L n .EST of STIPULATION FOR POSSESSION OF REAL PROPERTY COMES NOW, JAMES W. FULLER ANO LOIS •1EAN FULLER, Husband and Wife, hereinafter referred to as "Party of the First Part", and The RDA COUNTY HIGHWAY DISTRICT, a Body politic and Corporate of the State of Idaho, hereinafter referred to as "Party of the Second Part", and do hereby stipulate and agree as follows; I. That the Party of the Second Part, pursuant to its right to build, expand and construct roads in Ada County, has determined that Project 52058.3 - Cherry Lane Linder to Black Cat Raad shall be reconstructed and widened; that as a result of such widening certain property belonging to the Party of the First Part will, of necessity, be required to be taken by the Party of the Second Part to complete said project. 2. That the property required by the Party of the Second Part to enable it to expand Cherry Lane and which now belongs to the Party of the First Part is more fully described as follows: LEGAL DESCRIPTION OF ADDITIONAL PUBLIC RIGHT-OF-WAY R ght-of-Nay parcel co ncident wit the orth rig t-of-way line of Cher- ry Lane and the Wsst right-of-way line of Ten Mile Road, located in the Southeast } of the Southeast } of Sectian 3, Township 3 North, Range 1 West, Baise Meridian, Ada County, Idaho, being more particularly described as follows; Comm3ncing at the Southeast corner of said Section 3; thence along the South Tina of said Section, North 89°16'54" West, 210.00 feet; Thence leaving said line, North 00°18'38" East, 25.00 feet to a point being 34.75 feet left of Cherry Lane Station 74+81.08 of the project centerline, said point being the POINT OF BEGINNING; Thence along said North right-of-way line of Cherry lane, South 89°16'54° East, 185.00 feet to said Mast right-of-way line of Ten Mile Road; Thence along said ;lest right-of-way line, North 00°18'38° East, 295.01 feet to a point; Thence leaving said line North 89°16'54" West 20.00 to a point lying 45.00 feet West of the East line of said Section 3; Thence parallel with and 45.00 feet West of said East line, South 00°18'38" West, 255.88 feet to a point; Thence leaving said line, South 45°47'58' West, 42.79 feet to a point; Thence North 88°42'45" West, 134.51 feet to a point; Thence South 00°18'38" West, 10.25 feet to the POINT OF BEGIN- NING. Said parcel containing 0.182 acres, or 7,922 square feet more or less. AND LEGAL DESCRIPTION OF PERMANENT SLOPE EASpNENTS A parcel of land for Permanent Slope Easement required being coincident with the Northerly right-of-way line of Cherry Lane, located in the Southeast } of the Southeast } of Section 3, Township 3 North, Range i West, Boise Meridian, Ada County, Idaho being more particularly described as follows: alongCtheeSouth line of esaiduSection,cNorth 89°16S54a Westti210300thfeet to a point• Thence leaving said line, North 00°18'38" East, 35.25 feet to a point on said right-of-way line, being 45.00 feet left of Cherry Lane Station 74+80.90 of the project centerline, said point being the POINT OF BEGINNING; Thence continuing, North 00°18'38" East, 6.00 feet to a point; 1L/1~lN4 lS:l:f 'rYZUN Jd5 '7tlSU AI:Hll ~UU:1lUU9 . ~~ ~~ .. e. ~ IN WITNESS WHEREOF, the parties here o h~ executed is Stipulation for Possession of Real Property this `~ day of t~ r 1994. By ~ ~ By ~ a~~~ James W. Fu leT r i Lois a ul er, ADA COUNTY HIGHWAY DIS?RICT By•~ r! ry Nyman, 6 ector .~ C. M. Smith, SR WA Chief Right-of-Nay Agent SLATE OF IDAHO COUNTY ADA ) ss. ~- STATE OF IDAHO COUNTY OF ADA ) ss. On this ~D day of .t.~~-~ 1994, before me, a Notary Public in and for t e State of Idaho, persona~y"appeared James W. Fuller and Lois Jean Fuller, and known to me to be the persons whose name are subsctibe¢ to the within instrument, and acknowledged to me that he execut- e~''t~1d Sane:' .11,eknovledge that Jamee i~l. Fullor has made his mrk. ~~11~ ~LTNE~S, WHEREOF, I have hereunto set my hand and affixed my offi>tii'~1' sda't. tiie day and year in this certificat first above written. . :~ 1 r ' - ~'•' Notary Public or t e State o Idaho ~~ ~ Residing at Boise, Idaho My Commission Expires: ~ .3B .--~ On this a/yrday of 1~G~.ri tom. 1994, before me, a Notary Public in and for the State of aho, personally appeared Jerry D. Nyman and C. M. Smith known to me to be the Director and Chief Right-of-way Agent respectively of the Ada County Highway District, that executed the said instrument and acknowledged to me that Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereu o set ~y hand and affixed my official seal, the day and year in this ificate f rst above written. ~\~\\fffflf/. ~oe~ ~OTA/p` ~~ Nota Public for t e State of aho = Res' ing at Boise, Idaho ,~ 'eG~\ ~p *~ My Commission Expires _-~ L_----1~ ----- I g Y , --1 6 j ,~ II Z r ~~ N= ,. __ ~_1._ _.1. -l- ~ _~.w!_~__1~~ _ __ ~: 1 ~ ~~~ ~ -~ -1~ I ~ ,.. ~ ~. ,N ` z 1 - ---~---- _ _. _i; ~ ~ I ~ c0. ~ 7D ~ - _ ~ ~ _ '°~ - 1 ~~ -- ItI-..,~ . , ~ ~ -_ _-T-- - ----- --- - 7] tx1 ----- ~tJaa.~------ ~ ~_ ~ N --- - - ---- -~,!> ~ f , ~, ,~ , - I~,.~- i ~ ~ ~~._ ~ --ua_ytle _ evcu_ ~..___. ---- ---- Z - -7 r' ~ - 1 1 _ _ ._ ~- .--___1___.. ____ - _ - - ~- , -- ,_z~t~ ( N M y!N ( ~! ~yt, `- --- r- ~~.a ~, -1 .~ _~_ L_ _j. _. -A. _ _ ~'~ .k ~ ~~ t ~ _ _ _ - ,~.,~~. -- -- - --- - -,, -1 ~ .~, L - i _ ' ~. / ~. ~ a' - y I~/ ~ i~ ~~ ~ ~_.._ ~y ~ ' j ~' r 5~ ~~ , y Z ~ { -.. _ 1 ~ ~. ~ _ 7 ` ~, _ J y -t ~' {~'~ ~ /r~ -1 L.. J ~~ T, ~ - - i ~ - 701 -- - m 1 _~ u - ~-+j- z\ J ~ 2 ~ ~) 1' ~ p .y ~ ~ ,y+ ~ -A ~~ ~ ~, y _ w - z - ~~ ~ % C ~- ~._ 1~z _ OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk CITY OF MER RONALD R. TOLSMA R I GARY D SM THS P.E. City Eng Weer IDIA N OBERT D. CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner 8 Zoning Administrator W.L. BILL GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ ~ PhOne (208) 888433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning & Zoning 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 Sr Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 3. 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Conditional Use Permit BY: James and Jean Fuller LOCATION OF PROPERTY OR PROJECT: Northwest comer of the intersection of Cherry Lane and Ten Mile Road 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 _806 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 & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: James W. Fuller & Lois Jean Fuller PHONE: 888-1116 ADDRESS: 1635 North Ten Mile Road Meridian ID 83642 GENERAL LOCATION: ~ corner of Ten Mile Road & Cherry Lane DESCRIPTION OF PROPOSED CONDITIONAL USE: Permission to construct a convenience store/gas station Existing R-4; rezone ZONING CLASSIFICATION:rec~uest to L-0 nendinQ. 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 30 copies). LEGAL NOTICE OF PUBLIC HEARING ~ ~~/ Signatu of Applicant Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO n TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 1802 NORTH 33rd STREET BOISE, IDAHO 83703-5897 208-342-5511 FAX 208-342-5514 December 14, 1994 Ms. Shari Stiles Planning & Zoning Administrator City of Meridian 33 East Idaho Avenue Meridian, ID 83642 RE: Fuller Property Rezone Request & Corxlitiotta# LJse 1P~i# Dear Ms. Stiles: Enclosed is the submittal package for the above referenced project. The subject property is currently zoned R 4. This submittal is requesting: 1.) The property be rezoned to Limited Office (L-O) and 2.) The property be granted a Conditional Use Permit for the purpose of constructing a convenience store. The property is currently serving as a single family residence. Due to the high viability of this intersection, the size of the parcel and it's comprehensive plan classification of Urban, a convenience store appears to be an ideal use for this property. The design restrictions placed on the property, as mentioned on the plan insure the site will be developed in a way that does not retract from the existing adjacent property. Care has been taken to provide requirements on the plan to screen the adjacent residential property from the parking. The 25' side yard along North Ten Mile Road provides an area we have designated as a landscape and lawn area which will provide an attractive view of the property from the intersection of Ten Mile Road and Cherry Lane. The applicant has agreed that either he or the user of the proposed facility will pay any additional sewer, water or trash fees or charges associated with the proposed use. The applicant has agreed to post notice of public hearing signs on the property one week prior to public hearings. Please feel free to call should you have any questions on the enclosed information. Sincerely, TOOTHMAN-ORTON ENGINEERING COMPANY ~~ Tim Mokwa 94006-20-200(1:\94006\wpfiles\stites 1.214) BOISE McCALL, IDAHO WAIZR,ANTY DEED n c. r w i x For Value ltceeived DONII3Y G. PRITCHETT, JR, , and PEGGY M. PRITCHETT, husband and wife, thr; yl:urUlr s do }~r.yeby Brant, bxrKain, sell and Eonvey unto JAMES W, FULLER and I.OIS J. FIJLLER, husband and wife, t}~,, y!rantctf ,the fullnwin)! deacrilrerl premises, b>-wit: The SE4 of the SE4i the SW's of the SE's and the E; of the E~~ of the SE4 of the SW's of Section 3, Township 3 North, Range 1 West of the Boise Meridian, Ada Counl.y, Idaho, and ar irregular shaped tract of land particularly described as follows: Beginning at a point on the section line 1332.22 feet North of the section corner cottnnon to Sections 2, 3, 10 and 11, Township 3 North, Range 1 West of the Boise Meridian and running thence North 89°37' West, 3305.32 feet; thence North 0°07' East 901.03 feet; Ct)ence South 69°51' East 305.50 feet; thence South 35'38' East 359.50 feet; thence South 89°48'30" Fast 1817.27 feet; thence South 54°4;' East 367.30. feet; thence South 83°20' EasC 77.50 feet; thence South 65°06' East 144.9 feet; thence South 46'46' East 123.20 feet; thence South 88"02' East 78.00 feet; thence South 64°34' East 73.60 feet; thence South 77°02' East 253.60 feet; thence South 0°00' 75.78 feet alongandethecE'~ ofline to the point of beginning, in the N~ of the SE's the NE4 of the SW~ of Section 3, Township 3 North, Range 1 West, of the Boise Meridian, Ada County, Idaho. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. SUBJECT TO first mortgage in favor of Utah Mortgage Loan Corporation, which Grantees herein assume and agree to pay. TO IIAV1: ANU TO TIOLI) the said premises, with their appurtenances unto the said Grmtee s, their heirs and aasigtts forever. And the said Grantor S do hereby covenant to and with the said Grantees ,that they are the owners in fee simple of Bald premises; that said premises are free from all inetunbrancea and that they will ~sarrant and defend the same from nll lawful claims whatsoever. Untcd: January ?_5th, 1968. ~~ ~ ~~~ ~~ ~~~ ___ , _ ___ _ __- _ --- ' . , -s -- - -- - ST',iTl OF IDAHO, COUNTI' OF ADA vr, tnis ?5th day ur Jan. ' )" 68' h.•fnrc m•~, a nntan• Public in and for said Stulc, petnonally appeared ` DONLEY G. PRITCHETT, JR., and PEGGY M. PRITCHETT, husband and wi STATt: OF IDAHO, COUNTY OF Q~~ I hereby certify that thia instrument was Oled for record at the rv•quest of Cr),i t01 Ttae CO. at ~ minutes vast f r,'clxkP m., thl., a o a.y yr Q-~' , ,1!I ~ S , in my ofl{ce, and duly recorded in Bnok or Ih•erls nt pnRe II r r..tv.bo the person S µ'hbSE'. mane g are ~ CLAfiE;NCE A, PLflNTING within inatrvment, and ncknowledKed lv _. _.. __..._. rubsrnbed t" 46 ' ~~- ~~-~ -~~-~- F.x•Oficio F rder ,e•~ '.hn1 ~-' ~'--~ executed the name. _. ~~--_ - ~ they -- I I ~ ~ cs ~ ~~ - --- uy-- ~r~•' -_ --------~---- ... _ _ -.~- ~ ~ ~ N°Grry I'ubllc l „ Deputy. ~ '' Meridian . tdnhn Feea ~ ~ - I!cnbling nt [ 11iu11 to: I t;nurn, I.%I~In•a.. ,J+ll,~ 151 1670 + _ , _.... __._ .._~_._ 1'Nnl«I and ynr aab Ib srm.•Y°r- Omm~anr, OuNn w nr rnnll n.el "f 1.A ~~ Z ~'3 Cr7 7. ~3 ~: 0 Hs 1r'~ W ~~ 1.11( ~ ~~~IICr ~IT~ T~~ p~~C~L # ~124~~~'-E°Ir~Q}~ IY,sT.:k1 ~f~cjtl?3 F ~ /'1 /'~ l+Vl\Ll l iva~a+a. STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms} during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. 1. 2. 3. 4. PRINT NAME SIGNATURE ADDRESS ~~ vrr/ I~~~rs ~~ _ ~U ~~~ 5. 6. 7. 8. 9. 10 . 11. 12 . 13. 14. 15 . /1 ~~~'k ~~ ~~ ~~ ,_ January 9, 1995 Re/Max of Boise 7201 W. Franklin Rd. Boise, ID 83709 Mr. Steven Spoor 1720 N. Aronmink Way Meridian, ID 83642 HAND DELIVERED Re: James W. Fuller R-4 to L-O (special quadrant of Ten Mile Dear Mr. Spoor: This letter is o the approval and your residential impact the value is clearly, yes, if a convenience home. and Lois J. Fuller Re-zone application from use: Convenience Store) near the N.W. Rd. and Cherry Lane, Meridian, Idaho Efered to you in response to your asking me if installation of a Convenience Store adjacent to dwelling at the above captioned address would of said residence. The answer to your question your value would be impacted in a negative way store is permitted to be built next to your As a full-time professional realtor now and for the past sixteen years in this county I am constantly in the business of selling real property. Unquestionably, in this age of consumer awareness, buyers are prone to avoid those properties with re- sale impediments such as proximity to dissimilar uses such as would occur if the above application were approved. Not only would you have to sell your residence for less but it would take you much longer to find a buyer willing to put up with the negative influence of an adjoining convenience store. Sincerely, John Blakeslee, G.R.I. Assoc. Broker /'~ ~~ T001 ~~MAN-ORTON ENGINEERING Ct,~vIPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 1802 NORTH 33rd STREET BOISE, IDAHO 83703-5897 February 24, 1995 208-342-5511 FAX 208-342-5514 ~~':.r~~~~~ FEB 2 7 1995 Ms. Shari Stiles Planning and Zoning Administrator City of Meridian 33 East Idaho Avenue Meridian, ID 83642 RE: Fuller Property Rezone/Conditional Use Permit Dear Ms. Stiles: CITY U~ ~i~9~~ll~At- I want to clarify Mr. and Mrs. James Fuller's pending requests for the above referenced project. It has come to our attention that their may have been some confusion among the members of the Planning and Zoning Commission over the exact nature of these requests. We feel it is very important for the City Council to consider these two requests separately, for that is the Fullers' intent. The first request is for a rezoning of the property from residential, which is clearly inappropriate for this parcel, to limited office. The second, and separate, request is for a conditional use permit to allow the construction of a service station convenience store. We acknowledge that there have been some concerns expressed by property owners in the vicinity of this project. However, the bulk of these negative comments related to a 24 hour retail type business. The high visabilty, parcel size and current ACHD intersection improvements make this site an ideal office parcel, such as is permitted under the L-O zoning classification. Any of the permitted uses under L-O would be in operation during normal business hours. The City of Meridian's Zoning and Development Ordinance requires numerous amenities of new development that protect existing adjacent properties. The rezone and conditional use request are separate and different. The generic sketch offered with application can be interpreted for both office and retail usage. The rezone to L-O seems to avoid most, if not all, of the real neighborhood concerns. It also offers a realistic land use designation for this property. We request that the council consider both of these requests, but consider them separately. Please share this clarification with the council, and please call if you have any questions. Sincerely, TOOTHMAN-ORTON ENGINEERING COMPANY Tim Mokwa 94006-20-Z00(i: \94006\wpfiles\council.224) BOISE McCALL, IDAHO V /'t January 10, 1995 Distinguished Members of the Council: When I received the notice of the rezone from R-4 to L-0 and application of a conditional use permit for a convenience store/gas station I began talking with my neighbors. We all had the same concerns. The petitions you have sum up those concerns of not only those immediately adjacent to this location, but of those in the surrounding residential subdivisions. There are over 180 signatures of residents and 12 letters. They believe, as I do, the rezone and conditional use permit are not in the best interest of our community. We believe the image of our neighborhood would be irreparable damaged. Had I asked, many of those who signed the petitions would have stood here and testified. We felt this was unnecessary because all the concerns were identical and have decided to limit those testifying. These concerns are as follows: 1. Depreciation of property values 2. Depreciation of character of the neighborhood 3. Health hazards (i.e. gas fumes, car exhaust} 4. Increased crime rate & vandalism 5. Loitering 6. Lights on all night long 7. Loss of privacy 8. And as expected increased noise & traffic I would like to draw your attention to one letter in particular from Ms. Judith Lolley. Her letter is of personal experiences having lived next to a convenience store for a number of years. Not a pretty picture. Her experiences include: excessive and unreasonable levels of noise, boom boxes blasting at 3 in the morning, repeated vandalism to her fence bordering the properties, people hanging out smoking and fighting in the parking lot, and /" t ~ excessive accumulations of trash and debris on the premises, subsequently being blown by the winds onto surrounding properties. Everyone who signed the petition moved to this area to escape these problems. Everyone relied on the residential zoning of their properties and Mr. & Mrs. Fuller's lot to protect against these problems. All of these concerns are set forth in the petition and my testimony represents these 180 plus petitioners. We are asking the commission not approve a rezone from R-4 to L-0 nor approve a conditional use permit for a convenience store/gas station on the Fuller's property. Since~ly, Kgfinet .Shelton 3225 . Woodmont Dr. Meridian, ID 83642