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HomeMy WebLinkAboutSchmeckpeper Tri-Plex CUP-00-036BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE ) APPLICATION OF MERLYN AND ) BRANDON SCHMECKPEPER, ) FOR A CONDITIONAL USE ) PERMIT FOR A TRIPLEX ) APARTMENT COMPLEX IN OT ) ZONE, LOCATED AT 210-214 ) KJNG STREET, MERIDIAN, ) IDAHO ) ) Case No. CUP-00-036 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council for public hearing on August 1, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was Brandon Schmeckpeper, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having received the staff report FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-O0-036 and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (c) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECICr~EPER / CUP-O0-036 Page 2 of 13 an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code §. 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Tide 67 Idaho Code which Act is lmown as the "Local Land Use Planning Act of ! 975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. : Prior to granting a conditional use permit in an Old Town (O-T) zone, a public heating shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in ChaPter 15 of this Tide. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public heating which shall be held before the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-00-036 Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. 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 August 1, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') Of the external boundaries of the property under consideration more than fifteen (15) :days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 1, 2000, public hearing; and the Applicant, affected property owners, and govemment subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-00-036 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. ' Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted DeCember 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. The propertY is located at 210-214 King Street, Meridian, Idaho. 4. The owner of record of the subject property is Merlyn Schmeckpeper of Meridian. 5. Applicant is Brandon Schmeckpeper of Boise, Idaho. 6. The subject property is currently zoned OT. The zoning district of OT is defined within the City of Meridian Zoning and Development Ordinance, Section ! 1- 7-2 L. 7. The proposed application requests a conditional use permit for triplex apartment complex. The OT zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECICPEPER / CUP-00-036 Page 5 of 13 uses induding those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1 ). 8. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian COmprehensive Plan. 9. The use proposed within the subiect application will in fact, constitute a conditional use as determined by City Ordinance. 10. The requested conditional use is described in the "PLOT PLAN, Revision Date: 5/19/00, A-O, 210/214 King Street, Owner: Merlyn Schmeckpeper and Brandon Schmeckpeper", Merlyn Schmeckpeper and Brandon Schmeckpeper, developer, fOr a triplex apartment complex in Old Town, located 210-214 Irdng Street, Meridian, Idaho, and which property is described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 20 feet of Lot 11 in Block 7 of Bower's Second Addition, according to the plat thereof, filed in Book 2 of Plats at Page 79, records of Ada County, Idaho. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction,i as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI(PEPER / CUP-00-036 Page 6 of 13 delivered bY political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 13. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 14. ! The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The use proposed within the subject application will be served adequately by central public fadlities and services such as highways, streets, police and fire protectiOn, drainage structures, refuse disposal, water and sewer. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 17. ' The use proposed within the subject application will not involve FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-00-036 Page 7 of 13 uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. Sufficient parldng for the proposed use of the property will be provided. 19. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND' FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for a triplex apartment complex in Old Town, located at 210-214 King Street, Meridian, Idaho, and described in the "PLOT PLAN, Revision Date: 5/19/00, A-O, 210/214 King Street, Owner: Merlyn Schmeckpeper and Brandon Schmeckpeper", Merlyn Schmeckpeper and Brandon Schmeckpeper, developer, for the development of the aforementioned project, and which property is described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 20 feet of Lot 11 in Block 7 of Bower's Second Addition, according to the plat thereof, filed in Book 2 of Plats at Page 79, records of Ada County, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-00-036 2. The COnditional use permit granted herein is subject to the following terms and conditions: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.2 Off-street parking shall be in accordance with the design standards set forth in Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 2.3 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E.-G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 2.5 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 2.6 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 2.7 Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-00-036 Page 9 of 13 2.8 Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.9 In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.10 Building Setbacks: The Applicant shall submit a Variance application and receive approval from City Council to reduce the setbacks below the 5 feet required by Ordinance. This shall be obtained prior to receiving a Certificate of Zoning Compliance. In addition, Applicant shall obtain written approval from the Building Official and Fire Department regarding the reduced setback allowance. The Planning and Zoning Commission further encouraged the City Council to approve a variance of the setback from 10 feet to 7 feet. 2.11 The Ada County Assessor maps show a 3 xA foot wide parcel under separate ownership (Robert Strasser) between the subject parcel and the single family residence east of site. It appears this strip of land is outside of the 56-foot lot frontage width shown on the Site Plan. There is also no record of this strip serving as any kind of easement. The Applicant's contractor(s) shall verify the property boundary and ensure the setbacks are measured from the property line of record and excludes this 3 I/2-foot strip. 2.12 Coverage: The Applicant shall meet the 1 O-foot building setback to help reduce the overall coverage and bulk on the lot. Unless a variance is granted, as noted in 2.10, fencing shall be required around site as approved by the Building Department. 2.13 Parking: Ordinance 1 1-13-5.B. requires two off-street parking spaces be provided per unit for multifamily dwellings (garages are not required). As designed, the Applicant proposes six (6) single car garages below the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-00-036 Page 10 of 13 2.14 2.15 2.16 dwelling units, which would meet the minimum off-street parking requirement. There is also the potential for off-street parking as tandem parking behind each garage, which would add another six (6) spaces. Irdng Street has a very narrow street section with no existing sidewallcs on either side. Safety for children in the neighborhood is a concern. Regardless of unit size, a condition that on-street parking be prohibited for all tenants of this complex. Landscaping: Ordinance 11-13-4.B.1. requires landscaping be provided on site for all multi-family residences. The Applicant is proposing three (3) Class 1 broadleaf trees, one tree at three of the four lot corners, as well as shrubs along the east and west sides of the building. The trees must be kept outside of the public right-of-way. The applicant shall be responsible to ensure that no easements exist that would preclude the proposed landscaping. Fencing: Fencing in Old Town shall be of the "good neighbor" quality and shall not be chainlink. At a minimum, some type of good neighbor fence, either open-vision or solid, at least 4 feet in height, be constructed along the east and west boundaries the depth of the building footprint. If it is not required to have permanent fencing, the Applicant shall provide temporary fencing around the site perimeter during construction to contain debris. 2.17 Additional restrictions/conditions may be imposed as part of the conditional use permit. 2.18 The Applicant shall be required to provide a 10' minimum width opening for Sanitary Service for the container service. 3. That the City Attomey draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI(PEPER / CUP-00-036 Page ! 1 of 13 then a conformed copy shall be served by the Cleric upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision, and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Codel By action of the City Council at its regular meeting held on the //~77,_._ day of /~~,6, ~, 2000. ROLL CALL COUNCILMAN ANDERSON VOTED ~"~6>6~ COUNCILMAN BIRD COUNCILMAN deWEERD VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-00-036 Page 12 of 13 COUNCILMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVE~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: .~,Od/~,,~~ ~/'t Dated: f'- t/~'~'-~7~ City Clerk ~' ~' msg/Z:\Worl0~leridian 15360Nl~chmeckpeper CUPO36\CUPFfClsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECKPEPER / CUP-O0-036 Page 13 of 13 BEFORE THE MERIDIAN cITY COUNCIL 08-02-00 IN THE MATTER OF THE ) CASE NO. CUP-00-036 APPLICATION OF MERLYN AND ) BRANDON SCHMECKPEPER, FOR A ) CONDITIONAL USE PERMIT FOR A ) TRIPLEX APARTMENT COMPLEX IN) OT ZONE, LOCATED AT 210-214 ) KING STREET, MERIDIAN, IDAHO ) ,) This matter coming before the City Council on the 1 st day of August, 2000, ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit apPlication and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following aCtion: 1. That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for a triplex apartment complex in Old Town, described in the "PLOT PLAN, Revision date: 5/19/00, A-O, 210/214 Ydng Street, Owner: Merlyn Schmeckpeper and Brandon Schmeckpeper", for Meflyn and Brandon Schmeckpeper, developer, for the development of the aforementioned project, and which property is described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 20 feet of Lot 11 in Block 7 of Bower's Second Addition, according to the plat thereof, filed in Book 2 of Plats at Page 79, records of Ada County, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP-00-036 2. That the above named applicant is granted a conditional use permit for the operation of a triplex apartment complex in Old Town, located at 210-214 King Street, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.2 Off-street parking shall be in accordance with the design standards set forth in Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 2.3 2.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E.-G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. All signage shall be in accordance with the standards set forth in Section ! 1-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 2.5 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5.2.K. 2.6 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a lette~ of approval from their office prior to applying for building permits. 2.7 2.8 Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site. Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assegsment Agreement with the City of Meridian. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP-00-036 2.9 2.10 2.11 2.12 2.13 2.14 In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Building Setbacks: The Applicant shall submit a Variance application and receive approval from City Council to reduce the setbacks below the 5 feet required by Ordinance. This shall be obtained prior to receiving a Certificate of Zoning Compliance. In addition, Applicant shall obtain written approval from the Building Official and Fire Department regarding the reduced setback allowance. The Planning and Zoning Commission further encouraged the City Council to approve a variance of the setback from 10 feet to 7 feet. The Ada County Assessor maps show a 3 I/2 foot wide parcel under separate ownership (Robert Strasser) between the subject parcel and the single family residence east of site. It appears this strip of land is outside of the 56-foot lot frontage~width shown on the Site Plan. There is also no record of this strip serving as any kind of easement. The Applicant's contractor(s) shall verify the property boundary and ensure the setbacks are measured from the property line of record and excludes this 3 V2-foot strip. Coverage: The Applicant shall meet the 10-foot building setback to help reduce the overall coverage and bulk on the lot. Unless a variance is granted, as noted in 2.10, fencing shall be required around site as approved by the Building Department. Parking: Ordinance 1 1-13-5.B. requires two off-street parking spaces be provided per unit for multifamily dwellings (garages are not required). As designed, the Applicant proposes six (6) single car garages below the dwelling unitsl which would meet the minimum off-street parking requirement. There is also the potential for off-street parking as tandem parking behind each garage, which would add another six (6) spaces. King iStreet has a very narrow street section with no existing sidewalks on either side. Safety for children in the neighborhood is a concern. Regardless of ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP-00-036 unit Size, a condition that on-street parldng be prohibited for all tenants of this complex. 2.15 Landscaping: Ordinance 11-13-4.B.1. requires landscaping be provided on site for all multi-family residences. The Applicant is proposing three (3) Class 1 broadleaf trees, one tree at three of the four lot corners, as well as shrubs along the east and west sides of the building. The trees must be kept outside of the public right-of-way. The applicant shall be responsible to ensure that no easements exist that would preclude the proposed landscaping. 2.16 Fencing: Fencing in Old Town shall be of the "good neighbor" quality and shall not be chainlink. At a minimum, some type of good neighbor fence, either open-vision or solid, at least 4 feet in height, be constructed along the east and west boundaries the depth of the building footprint. If it is not required to have permanent fencing, the Applicant shall provide temporary fencing around the site perimeter during construction to contain debris. 2.17 Additional restrictions/conditions may be imposed as part of the conditional use permit. 2.18 The Applicant shall be required to provide a 10' minimum width opening for Sanitary Service for the container service. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP-00-036 By action of the C)~ty Council at its regular meeting held on the t/~4'g--- ,2000. RobertlD. Corrie, Mayor City of Meridian day of Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. .,a~"61= ~',,~,~ City Clerk ~Z:XWork~eridian 15360MXSc~ec~eper C~036XC~Order ~t%~ ' .~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP-00-036