HomeMy WebLinkAboutEcono Lube N' Tune CUPOFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" CORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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: September 2, 1997
TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9197
REQUEST: Conditional Use Permit for an Econo Lube N' Tune automobile maintenance and
light reaair facility and Schuck's automobile Harts store
BY: Econo Lube N' Tune Inc.
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove South Side of E. Fairview
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
RON MANNING, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, 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
NAMI'A 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:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
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CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
I certify that the information contained herein is true and correct.
~~~~ G
Signature of Ap ant
Social Security Number 82-0471523
NAME: PATRICK NIC,I~GAN, ARCHITECT PHONE: 322-2486
ADDRESS: 218 S. COLE ROAD BOISE, ID 83709 FAX: 322-3487
GENERAL LOCATION: EAST OF LOCUST GROVE, SOUTH SIDE E. FAIRVIEw
DESCRIPTION OF PROPOSED CONDITIONAL USE: ~~ LUBE N' TUNE AUZC~NIOBILE
MAINTENANCE & LIGHT REPAIR FACILITY AND SCHUCK'S AU'PUMOBILE PARTS STORE.
ZONING CLASSIFICATION: c-~
PLAN: A plan of the proposed site for the conditional use showing the location of all
buildings, parking and loading areas, traffic access and traffic circulation, open spaces,
landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies}.
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-FAST OF LOCUST GROVE ON SOUTH SIDE OF
E. FAIRVIEW AVE.,
SUBDIVISION, BLOCK 1
,LOT 1 TO 4
ECONO LUBE
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Annexation/Subdivision/Conditional Use Narrative
Econo Lube N' Tune/Schucks
1915 E. Fairview Avenue, Meridian, Idaho
This narrative is being provided as required for the annexation, subdivision and
conditional use applications on the referenced property. All three applications are
being submitted concurrently, and it is assumed they will be reviewed and publicly
heard at the same time. The narrative is arranged in the anticipated chronological
order of approval.
A Annexation/Rezone Request
Applicant: Patrick McKeegan Architects on behalf of
Econo Lube N' Tune, Inc.
218 S. Cole Road
Boise, ID 83709
208.322.3486
208.322.3487 fax
2 Property Owner: Lawrence R. And Lois E. Tuckness
1915 E. Fairview Avenue
Meridian, ID 83642
Copy of the deed is attached.
3 Attached are notarized Affidavits giving the applicant permission to apply
for the Annexation/Rezone, Subdivision and Conditional Use.
4 Attached are legal descriptions for the following:
a Econo Lube Subdivision -Boundary Description
b Econo Lube Subdivision -Annexation Description, Entire Property
c Econo Lube Subdivision -Annexation Description, Commercial
Zone
d Econo Lube Subdivision -Annexation Description, Residential
Zone
e Econo Lube Subdivision -South One-half of Wilson Lane
Also included is the legal survey indicating the requested ROW,
easements, etc.
5 The land is currently used as a single family residence for the Owners
with numerous out buildings and corrals. The south portion is used as
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active pasture. The land is zoned R/T in Ada County.
6 The proposed land use is in three categories.
a The first is the north 2.576 acre portion which wilt be split off of the
existing parcel and subdivided into four lots as the Econo Lube
Subdivision. These lots will be zoned C-G to allow the proposed
uses. Econo Lube N' tune will occupy the northeast lot with an
automotive lubrication and tune-up facility of approximately 2,800
square feet. Schucks will occupy the north east lot with an
automotive parts supply facility of approximately 8,000 square feet.
The south two parcels will be sold for commercial use.
b The second parcel will be the 5.951 south portion which will be
zoned R2. It is the owners intentions to place the property for sale
as one parcel with future development as a residential PUD or
further subdivision the responsibility of the buyer.
c The third portion is right of way that will be dedicated to the Ada
County Highway District for extension of Wilson Lane. One-half of
the 60 foot ROW will come from each of the parcels designated
above. The road will align and extend Wilson Lane from the west.
Public utilities will also be extended in this ROW.
7 Present zoning is Ada County R/T (rural transition).
8 The proposed zoning districts are C-G for the northern portion and R2 for
the south portion. The zoning would be divided at the center line of
Wilson Lane.
9 The northern portion of the property is bordered on the west by D & B
Supply and zoned C-G. Our project would be a logical extension of that
zoning. Fairview Avenue has commercial. development east and west of
the property on both sides of the street. The Meridian comprehensive
plan identifies this property as future commercial development. The
parcel's direct access to Fairview Avenue will minimize traffic on Wilson
Lane.
The southern portion is bordered by vacant land and residential uses. It
is anticipated that this use will be continued on this parcel. The property
will be setback approximately 500 feet from Fairview Avenue and buffered
by the commercial uses. Access to the parcel will be from Wilson Lane
from Locust Grove.
2
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B
10 See statement 9.
11 ~ The proposed zoning and uses are in compliance with the
Comprehensive Plan which has the area designated as mixed use
development with office, light industrial, commercial and residential as a
transitional use.
12 Attached is one map at 1:100 scale designating the descriptions
contained in item 4.
13 Attached are thirty copies of the 1:300 vicinity map.
14 Attached is a list of the property owners within 300 feet of the property
boundaries from the Ada County Assessors office.
15 Attached is a check in the amount of $559.14 for the following:
Fee:
9acx$15
17 notices x 1.43
$400.00 plus
135.00 plus
24.14
16 Attached is an affidavit that I, Patrick McKeegan, Architect, will post the
property 1 week before the public hearings the Official notices available
at City Hall.
17 Attached is an affidavit stating that I have read the contents of the
application and verify that the information contained therein is true and
correct.
Subdivision Application for Econo Lube Subdivision
1 Apre-application meeting was held between Joe Canning, B & A
Engineering and Shari Stiles, Planning and Zoning Director.
2 .Attached are 30 copies of the application form.
3 Attached are the property deeds and an affidavit from the property owners
consenting to subdivision application.
4 ~, Correspondence concerning this application should be directed to:
Applicant: Patrick McKeegan Architects on behalf of
Econo Lube N' Tune, Inc.
3
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218 S. Cole Road
Boise, ID 83709
208.322.3486
208.322.3487 fax
Correspondence concerning billings should be directed to:
Gary Hepburn, Project Manager
Econo Lube N' Tune
4911 Birch Street
Newport Beach CA 92660
5 See A.4 above.
6 Attached are 30 copies of the preliminary plat.
7 A variance may be required to allow the extension of Wilson Lane as a
stub street. This determination will be made by the Planning and Zoning
staff during review.
8 See A.6, 9, 10 & 11 above.
9 Attached is a 1:100 plan indicating the parcel from which the Subdivision
is being divided.
10 Attached are 30 copies of the Ada County Assessors maps showing
zoning within'/2 mile of the property.
11 Attached are 30 copies of the 1:300 vicinity map.
12 Traffic impacts on Fairview Avenue will be negligible. Econo Lube is
open from 7:30 am to 6:00 pm and services approximately 40 automobiles
per day. Schucks is open from 8:00 am to 9:00 pm and serves
approximately customers per day. The two uses will share one access
point from Fairview. Cross access will be provided to D & B supply and
the two south lots.
Wilson Lane should not be significantly impacted due to the small size of
the lots. It is anticipated that the property will develop with less intensive
uses that are destination orientated rather than high volume retail. Cross
access will be provided with the north two lots. The planning department
has indicated that Wilson Lane is scheduled to be extended further to the
east to connect with Eagle Road.
4
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13 Attached are 4 sets of conceptual engineering plans.
14 ~ Attached is a check in the amount of $321.93 for the following:
Fee 4 lots $300.00 plus
Mailing fee 17 x $1.29 21.93
15 Attached is a copy of the proposed restrictive covenants.
16 Attached is applicable ground water information from the soils report. A
full report will be provided when we receive it. Delivery has been delayed
because of the UPS strike affecting over-night delivery services..
17 Other information will be furnished as requested.
C Conditional Use Application
1 See Item A.1 above.
2 See Item A.2 above.
3 See Item A.4 above.
4 See Item A.2 above.
5 See Item A.5 above.
6 See Item A.5 above. .
7 See Item A.6 above.
8 See Item A.7 above.
9 Thirty copies of the 1:300 vicinity map are attached.
10 See Item A.9, 10 & 11 above. '
11 Attached is a listing of all property owners within 300 feet of the property
boundary.
12 1 Attached is a check in the amount of $299.14 for the following:
Fee $275.00 plus
5
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Mailing 17 x 1.42 24.14
13 ~ Attached is a statement that the applicant agrees to pay any additional
sewer, water of trash fees of charge, is any, associated with the use.
14 See Item A.17 above.
15 See Item A.16 above.
END
Affidavit
I, Patrick McKeegan, Architect representing Econo Lube N' Tune hereby state that I
have read the contents of the Annexation, Subdivision and Conditional Use
Applications and verify that the information contained therein is true and correct to the
best of my knowledge.
I further state that I will obtain and post Official notices of pubic hearings on the
property no later than one week prior to those hearings.
Signed: L~~ ~ /
Patrick McKeegan Date
0
6
~• AU(~- 13-97 WEll 09:10
20£3 322 34E37 P,_02
AF~YD,~yIT OF LEGAL iNTERE~-'~
,S',t'A,TE OF II~AH4
se
CUUNTY OF ADA )
1, e~~c~ ~ • ~i~r-u-ti-tis~ 1`~~ ~~~« ~
(rtattte) [address)
~~~ being flret duly sworn ui}on
1~ ~~ (~p~-.) oath. depose artd say:
(city) (state)
~~~J Cv. f19i~i~ U/~-`~ ~YG~j /~~,f.C//~'Ai1; -~° ~ 3~Z
t t That 1 am the record awrter of the pc'operty described on the attached, and 1 grant
my permtsston to
(name) - -
(address)
to suba~lt the accorr[panying appiictttion pcrtair[ing to that propCrty.
r~/~Y c1~ ,/~F~/r'~/9~-'
2. t agree to indemnify, defend and hold~and it's c[nployecs harmless from
any eiat~n or llablllty reslllting frnrn nny dlslnlte as to tttc etnteltitents eontalned
herein nr as to the owncrsl~ip of the property which is the subJect of the application.
Hated this v day of /,~ . 19
(Signature)
SUBSCI21E3CD AND SWO12N to before me the day and year first above written.
_~~ l A , . 0
Notary Public for Idaho
Residing at ~~,~. ~~,~~~
My Coittlttisslon Explres: ~,~~_ ~~~ o~
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~ The rest 246.65 feet of Lot 7 of Pleas era 'Valley
Toxnship
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'Subdivision, in the ~Yest half of Sec
1 East of the Boise Meridian, being
Y 3 North, Rango
more particularlg described as folloxs:
Beginning at an iron pin :at the Northxeat corner
the North
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' of said Lot 7, thence North. 88°b5t East along
65 feet to an iron
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e,o
aide of said Lot 7 s di~tan
piny thenoe South 0°41t Esat`~and paralleh to the ~iKest
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aide oi' said Lot 7 s distance of 1556.90 feet to sn
in on the northerly bank of a;-drain ditch; thence
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North 66°28+ Riest along the Ndrtherly bank of a o rain
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' ditch 270.45 feet to an .iron. pin, thenoe Nort
f 'said hot 7 a distance of
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iNeat along the Weat si
1444.02 feet to the point of beginning.
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' ~ WTPNESSLrTH, That the said part ie s of the ilrst part, for and is consideration of the stun of
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L Ten and no/100 (10.00) - - ~ - - - - - - - DOLLARS.
~`'' ~ ~ lawiul money oP the United 3tatev of America, tared ottY,emgood and ~ hand paid by the said
consideration ~ ve granted, bargained
'`. ~ part ies, of the second part, the receipt whereof ie hereby acknowledged.
' and void, and by these prevents do grant, bargain, sell, convey and confirm unto tbA said real ~~,
~'' i at the second part, and to their heirs rend assigns Forever, aU of the following~des moo, to-wit:
aituaterl in the ,County of Ada
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Tffis,II~IDHIVT[JItE.~Made this . 9th ~ daY c ~ October : ~. •~.. ,
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~ '`, YY In the year o!, our Lord one thouaend nice hundred and 'fifty-one... ,
~~: f~f!; L.w'NI3 C. ~ FREER .and PUS7 Pl. FRT~R, husband .and xife
1~i ~ State of Idaho
t ~ of 'Mountain Homa ,County of _ .. Elmore ~ . ,. _ _ , . .•. ..,
1 ~~ the'partie~ o! the rirat part, and LAWRENCE R. TUCWtE33 and LOIS E3THER
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`~ ! ~ County o! Ada ,State of ,Idaho
of. Meridian ,
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~r. belonging or in anywise appertaining. the reversion and reversions, remainder and remainders, rents
F" issues and prorite theroof; and all estate, right, tills and interest in and to the said property, as well
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~ ~ in law as in equity, of the said part of the first part. _ .
TO HAZE AIVD TO SiOLb, All and singular the above mentioned cad dMCribed granisee-, together
f .. with the appurtenances, unto the part of the second part, and to in the q d assigns forever
t and the said part of the first part, and ~ heirs, the said premises , filet and p~ea~° i
f . heirs and assigns, against the said part
M ° possession of the said part of the second part, ; ,
of the first part, and heirs. and against aU and every person and pcu'eune whomsoever, 1aMfuUy
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s:' claiming or to claim the same shrill and will WARRANT and by these presents forever Di~B'~NiD. j
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• (Hama) (address)
being Ilrst duly sworn upon
`rG ~ r~~ ~ ~ ~,~' ~l ~ ~ Oath, de 9c and say:
!~
(city) (state)
1. That I am the of the property described an the attached, and 1 grant
my permission to _
G ,~Jw ~~fC° ~ ~c~7iS~ .~~
(mama) ~R.- (sddresa) .,
. to submit the accompanying application pertaining to that property.
2. 1 agree to indemnify, defend and hol and it's employees harmless from
- any claim ar Habtltty resulting from any dispute as to the aCatemente cantalned
hQrain or a~n to the ownership of the P.rnr~rty whlrh fA the 9u~eet of the appltCattOti,
natedtriis,.~„~ day of '~` , 28 ~.,~~,,.,,,,,.
SUBSCRiB>~)~ AND SWpI~N to befpr'e me the day and year prat above written.
LYNN 9EACH
Commialon ~I106$~
. ~ NOtary Pubib - Cad(ombp
ORANGE cOUNiY -+
My Comm. Explros AUG 4~ 199p
Notary' P itc for f t ry !~•
Eiealding eat
My Commtssion Expires: _ ~~~'~/~~
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- ! ' bciag i~ duly •w~ u~p~t
Ill l Ili ~ ~~ . 541 ~ ' f 3 73, oath. depose Br-d gay:
(city) ~ (st~-te)
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i, 't'hat i atrt the of the property described on the
my peramiesion to .
g .~ ~~s c
-•-- - - (address)
to eutamtt the accompanying application pet~tainin$ to that prop~y.
~, ~~ cis ,hf`'
2. 1 agree ~to itzdemnify. defend and hcl and it's employees harmle~ls from
any claim or liability resulting 1'roni zany diwhiah 1s the sub~oct of thetapplioauon.
herein pr as to the ownership of the property
l~~ day of ~~~~'~ , i9
Dated this, .. ~,-. t
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(Signature)
5~18SCRl~~D AND SIIVORN to befarc me the day and ye~-r first above wrlkken.
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OFFICIAI. fl~.t
BRYAN T- MARTI~~
r~ M~v~
,~ "a r°Q~r~u.~
Notary P lie far Ida#fl As~ona.
Residing ae ~lpa C~wc~-~y
My Contmissiori Exptres: a' ~ °~ -q q
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A..jt,%t.~tlt-~ I.:~1/11C l'J' `l.'ttttG, .i.lt4.
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I.~A`I'1: ~'~~~~* :~~~~5
p~ PURCHASE AGREEMENT
,'G'ERMS QF SALE
1. beposit. ECONO f.UHE N' TUNE, INC., a California corporation, hereinafter .Purchaser, will ,wittun
ten days of Seller's acceptance of tlus aSreement make an l/arnest Money Deposit in the amount of ~4
- •~ ~- ~ ~~ - in favor of Seiler to be held
as follows:
by SEe Title an ~ , ~ to be paid as the Survey for the parcel is complete and
Furcl-aser to pay directly for same and to be credited to the deposit; and Purchaser will make an assignrrtent
agreement of the deposit as paid to Purchaser by of the
as a partial payment for the following described real estate izt the County of
Ada, State of Idaho to wit: - _ _ - -- - • - _-_---_ _t ~.s~ _......__ ~ _. ~~,,~
feet x,.v." ~ ~ f___~ Together with all easements and rights of way appurtenant thereto, and all improvements
thereon and all fixtures of a permanent nature currentiy ozr the premises except as hereinafter provided, in their
present condition, ordinary wear and tear excepted, .hereinafter known as the I'roperiy.
Furthermore, one half of the Earnest Money Deposit will become non-refundable 3Q days prior to closing
and released ro the Sellers at said date. One half of the );smart Money Deposit will become non-refundable upon
the city of Meridians issuance of a recorded Platt reap for the subjcctproperty on or about October 15, 199'1, this
date is art approximation and may be adjusted per the G#ty of Meridians time constraints for re-platting this property
but oat Later than October 31, 1997.
2. Pgrtica The undersigned representative for Econo Lute N' Tune, Inc., a California corporation,
i-crcinatler tailed Purchaser, hereby agrees to buy the Property, and the undersigned owzter(s),
hereina.£ier called Seller, hereby agrees to sell the Property upon the terms and conditions stated
1-erein.
3. Purchase Price. Inclusive of the above Deposit (tl-e Deposit being applicable to, the purchase, price), ~
Purchaser shall deposit the total of the purchase price in escrow as fo1#ows: tal of ~,
to be placed in escrow prior to closing and transfer of title.
4. Escrow. An escrow shat] be opened at Stewart Title CompaxAy and will be designated as the escrow
holdec ("Escrow"} for the purpose of carrying out the tarots of this Agreement. Purchaser and Seller shall deliver
signed instructions to Escrow with#n fifteen (1S) days of Seller's acceptartCe, and the date Escrow shall receive such
signed instructions sighed by both Purchaser and Seller, shall be the dake of "opening'` o>` escrow. Under nu
uircuu~stal~c:~s shall Uie date of "opening" of cgeraw be more than fourteen (14) days after. the date this Agreement is
fully executed. The instructions shall not modify or arnend the provisions of this agreement; provided, however,
that the parties shall execute such additional instructions as requested try Escrow not #neonsistent with the
provision hereof. If Purchaser is unable to complete the purchase, hoth parties hereby instruct Er4ker or Escrow
holding deposited funds to pay from such fur-ds and escrow funds any escrow costs.
3. EvideA~~e rt' Tli1e. Seller shall furnish to purchaser, at Seller's expense, a current commitment for Seller's
iitie insurance policy in an amouzrt aqua! to the purchase price on or before ten (10) calendar days from full
execution of Agreement (Title Deadline). Purchaser may require of Seller that copies of #nstxuments listed in the
schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Purchaser at Seller's
expense. Tltis requirement shall pertain only to instruments shown of record in the office of tl-e clerk and recorder
of the designated county or counties. The title insurance commitment, together with any copies of instruments
furnished (pursuant to this section), constitute the title documents (TiQe Documents). Purchaser, or Iaurchaser's
designee, must request Seller, in writing, to fluytish copies of insttwnents listed iu the schedule of exceptions no
later than fifteen (15) calendar days after receipt of same, Seller wilt pay the premiums at closing and have dxe
title insurance"policy delivered to Purchaser as soon as practicable after Closing.
r
6, Title ~~~- ~ ~:~ _ ..
~~;:uw-nUln, I~ul nul LU uh-.~W-1 U-l~ -UJ ~luyN, 1~~ ~ +u ~~n l N~~hl il...r-+r•1(al rl~ fillP~tlH tPnttrMll INFrCIIHItINt1h~ NN
~lUVlilt~i1, lllell N[ PlllGhitgEC~6 rlptiAlll this ARreemetlt shall be void easel at uo e>xnct +u-d ra.:l- l,p,ty tw«t.+.tu-u u~
t~.+l-~H~~e~t f-+,~~- nil ohlit,ntionA hnlwander. In curb event all pavitletltS and ~nS9 0~ value rtxelVetl ~lt;lelttttil:l` ti~lit~l
be returned tct 1'urchaSer,
b. Title Review. 1'urchasar shall 1-ave lira rigt-t to tnBpCCt rho Title Tlocwnanttt. Written notice by
Purchaser of tttunerchantability of title or of any other unsatisfactory title condition shown by rile title Documents
shall be signed, by or on belutlf of Puuchaser and given to Seller on or before fifteen (15) Calendar days after receipt
of same, or within ten (l0) caleztdar days after receipt by Purchaser of any Title Document(s) or endorsement(s)
adding new Excxptluu(s} to ttte title eomntitment together urith a raspy of the Title I~ocumsnt adding new
lrxceplion(s) to title. If Seller does not receive Purchaser's notice by the date(s) specified above, ;Puxcltaser accepts
the condition of title as disclosed by the Title Doettments as sadsfaetory.
c. 117<atter9 Not Shown by the Public Records. Seller shall deliver to Furellaser, on or before the Ti4e
1]cadline set forth in Section S, true copies of all lease(s) axtd survey(s) in Seller's possession pertaining to the
Property and shall disclose to Purchaser all easements, liens or other title rttatters not shown by the public records
of which Seiler has aCtLal knowledge. Purchaser shall have the right to inspect the Property to determine if any
third pariy(s) has any right in file Property not shown by public records, (such as an tutrecorded easement, lease, or
boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by
such irtsplyction shalt be signed by rte nn behalf of 1'uTChascr and giYGn to Seller on or before ten (lU) calendar daYs_
after clivcrti of e~p~tunents. if Sober does not receivF Prrchaser's notice by said datt~, Ptuchttser accepts title
sub)eCt to such rights, if any, of third parties of which Purchaser has actual lcnpwledge.
d. Transfer of Title. Subject to tender or payment at closing as required hereizt and compliance by
1'tucl-aser with the outer terms and provisions hereof, Seller shall execute and deliver a good and sui'ficient
General Warranty Deed to Purchaser, on closing, conveying the Property free and clear of all taxes except Ute
general taxes for the year o£ closing. Title shall be conveyed free and cleat' of all liens for special improvements
installed as of the date of Purchaser's signature hereon, whether assessed or not; except (i) distribution utility
easements (including cable Tom, (ii) those rr-atters reflected by the Title Docttmeztts accepted by Purchaser in
aacordanee with Section S, (iii} those rights, if any, of third parties in the Property not shown by the public
records, (iv) inclusion of khe Property within any special taxing district, and (v) subject to building and zoning
re~~ulations.
7, Conveyance. Seller shall execute and deliver a good and sufficil;nt Warranty Deed to
Purchaser conveying the 1roperty free anal clear of all taxes, except the general taxes (which will be apportioned
between the parties) and free and clear of all liens. The Property shall be delivered free and clear of all
encumbrances or restrictive covenants, except those or public record.
8. Tncumbrances. Any encumbrance required to be paid may be paid at the time of settlement from the
pracecds of this transaction or from any other source. Provided, howeve.,r, at the option of Purchastr, if t11e tok'!.1
indebtedness secured by liens on the Property exceeds rite purchase price, this Agreement shall be void and of no
effect and each party hereto shall be released from all obligations hereunder and all payments and things of value
t~eceived hereunder shall be returned to Purchaser,
9. Apportionment of Taxes. General Taxes .for the year of closing, based on the mast recent levy and the
most recant asseasrr-ent, prepaid rents, water rents, sewer rents, mortgage insurance prerniuxras and interest ota
encumbrances, if any, shall be apportioned to date of delivery of deed. Seller shall be responsible for any sales and
use tax that may accrue because of this transaction. iJpan die purchase of this property Purchaser shall be
responsible for any increase in property taxes due to annexation and re-zoning.
l0, Possession. Should Seller fail to deliver possession an the date heroin ~sEecified, .Seller shall be subject to
_. ___ _... tutdl
eviction and shall be liable for a daily rental o
possession is tendered.
~l~ :~---aarlaagc,--~•-tho-evert
ate-ern ° ~ - -
ilt-ynteti~" "~ R _ 1.. - .. _,:. -J L~ ~_.,.~,.,..4..11 1<. rmurnOd t0 itl~
wAN,A,T--',,[,,siiQ•7-IF~'A w,.,v:ic~vQPs«ouv~a ww+.•..b.., ,.. ~....,.~ ..__~_ ~_ _....~.~_ _
R~ , r ~ '
tl~ ~
easier; Elte~4e.ler-~al'i"bo-,t+
6~
_-. ,,..,_ „.~..-. .,. .~~cA111 ~~• ~ 1~ u.,..•I,w,;r, u~NV e1Caa lu Uuul (l•At;lw~na:ul ~1+~ I4/mtunh+l, fn
Wr11O11 GIK111111 r~U1'n,cann m~~~ ~.u,q;r va ........ .~--~_.--- ------. -.
Put'clrascr's deposits whether or not drernCd our--ls+l'wt~lu~lo) iu-d t;dllur alw/tl lr//.r lu4w /,!' 11u+ w ap pr+aa
1?urehase~., ~t~-wt<I-prujtwt d,rwsio~tu-~t~t w-Wh ~r (~) Pttrch~ir~r may elect to roar
tltiis Agreement as being in full force and effect and Puretraser &hall have the richt to an action for specifC
performance and or damages as maybe awarded, or both.
(b) IF pURrvHASER TS 1N DEFAULT, Seller may elect to treat this Agreement as tentrirrated, in
which ct-so all payments atul things of value received hereunder shall be forfeited and retained on behalf of Seller.
Furthermore, in the event that Purchaser shall terminate this Contract, Purchaser shall provide to sCller any
completed Geotechrucal soils reports, ALTA surveys, and parcel maps. -
(c) Anything to the contrary herein notwithstanding, in the even of any litigation arising out of this
~pteelirellt, tl-~ court may award to the prevailing party all reasonable costs and expense, including attorneys' fees.
i3. Conditions Precedent. The following are conditions precedent to tire consummation of this Transaction.
a. The satisfaction or waiver of any continge~acies that may be set fvrtli within the time limits
specified.
b, .~trrchaser's vvriuen approval of the Camttritstrent of Title Report. in the event the Tide Iltstu'an~
Report, or binder, shall refieet tide defects, leases, deed restrictions, encumbrances, or other conditions not
acceptable to Purchaser, then upon notlfieauozt by Purchaser to Seller of such defects or conditions, the Seller shall
lrnrneoiaLely a,td ilttlgG~uly ~iwccd to oazo Marna and shall have a macnnahlr, time wllhlit which Sp to do. .Any time
used itr such pursuit shall be added to the escrow period, which shall be evidenced by an amendment to escrow by
Purchaser and Seller. If, after the exercise of sit reasonable diligence, Seller is unable to clear rite title anti defects
in its firer condition or Purchaser may terminate this Agreement, whereupon both parties shall be released from
further performance hereunder and the Deposit shall be returned to Purchaser.
c. Seller shall permit Purchaser to enter upon the subject Property to make a topographic and
boundary survey on the Property, and conduct such other research to detecxttiae the Property's suitability for
Purchaser's proposed improvements. Tluis shall be done at the Purchaser's sole cast and expense, and the
purchaser shall in no way damage, destroy or harm the Properly being conveyed, or any improvements thereon.
.Purchaser shall not permit any mechazric's or materialnnen's liens to be filed against the Property and agrees to
itrdetnnit'y Seller with respect thereto. Tn the event that Purchaser is not satisfied with the results of the tests,
Purchaser may, by notifying Uie Seller or its ugerut in writing, dcetnra title Agreement null anal void, and all parties
shirt be released fYom furtlrci ul,ligation Irexcunder. In the event that such notifirartinn is not recaived by Seller
within 'T'wo hundred tbrty-t1Ve (14~} pays FtOrrr the u~auilg Unto of Ir~crovr, tlraa title Agraaalnant ctrxlt rnnfinne in
full force sod elI'ect and the contingency as contained in~this paragraph shall be deemed to be waived.
d. Purchaser, at its sole cost and expense, shall pruvilie with A I'mlintinary GeoteClurieal
Investigation within thirty (30) days after the opening date of Escrow.. Within 45 days from the opening of escrow
Purchaser shall perform, at purchaser's expezrse, a Limited Phase Il Environmental Assessment. If such survey,
studies, soil borings or tests indicate conditions not satisfactory to Purchaser then Purchaser shall be released from
further performance hereunder and any deposit (including any non-refundable deposits) shall be returned to
Purchaser. The Seller warrants to Purchaser drat to its knowledge there does not exist or never has existed any
soils contatrrination azrd drat the Property is clear of arty underground storage tanks of any type whatsoever, Tn the
r;vent underground storage tanks have been removed from the Property firer Seller shall present a better of Closure
froth. the appropriate govertunental and regulatory agencies represenUrlg that rite Property is clean and free of all
toxic SubStAr-Ges. •
e- purchaser proposes to use rite Property for the construction and operation of an automotive after
,trarket service facility consisting of approximately 2,800 square feet, including on and off street parking incident
tlrcreto, together with signage acceptable to Purchaser, including Purchaser's identification pole sign. Furthermore
~~wili utilize the i30 feet west om the property for an automotive parts retail establishment. In the event that fire
:t'roperty is restricted Ly auy state, ~olrnty, nrunivipat or other governmentsrl ordinance, rule or regulations,
including limited access or use riles, p~trctraser may ttnderta~e any and all reasonable means at Purelraser's
disposal to secure rezoning, special use permits or variances (hereinafter "A,utlrorizations"), so that the Property
tray be used for the purposes hereinabove set lFOrih. Seller hereby agrees to cooperate fully with Purchaser irr
scouring such Authorizations in the name of the Seller as necessary. Provided Purchaser 11as diligently endeavored
but is umabie to secure l1tC Autltorizatiotts nceessury for utilizing dre Property for the purposes ht~reinabave set forth
wittritr the prescribed time as eet forth below, Prrchaser may noti~ Seller in waiting of such fact, whereupon this
Agrcenrent strait be null and void. In such event, Purchaser sl•.all not be obligated to complete rite purchase ol'the
Property and escrow agent shall promptly return to Purchaser the Deposit. Tate determination of neeessihy for
_ - ... .. . ..____-_'__~ 4..__a_J ..h..1T l... n~ Ns e.,in dierraHrln A~1'rfA
• •
^ w
ir~l,rdiNpt-~-11-e+til+t;y-+t+NS-rllnl-e-r-attt+~t-~tt!-ttttt~ attt~t W11~ ~NIINf 1Ntlllt p~i€t11-b~-ttt fnttetlti~3"
t#1~~tlllnt~-~'l~a-atlas-bliu#l-. bd r~tN uY• uny ru-J edr t•uuH•~ n~,i dadiuati~~aa-- --~Asrl'-~^t lira, lrutiiu
r~tdwtnatlt-(~-~-orb ttit~ ~ itt-ptuvt~ttlt-nta-fe~ ~ ~ ' lur'twel>It- wtst ulal
sigirels,~a b-~rd~~t5~+r~'wc+r>c•snd-ln
@xpe
b, Purchaser's purchase is contingent on Purchaser being able td obtain all the necessary licenses,
din a acre table sift ~ertrtits
p ~,.:::....,::<:...;>»::.,:,~::..:<:.,;.~:,..K:buildin :,,,:-:. ~„:;;.~~ ,;~y~„,,.:..~.~. .;,~~ ,A:A•~r~
permits and all auQlorizalions for Purchaser's ro sed use incltt $ ~'~tr ,,
.~
.: ..
and curb-cuts for reasan$ble traffic access wtthi ,. ~ Q. k : ~; A,;,~ ~ < x ~ a.~ ~<.`%`
.,~,.,.j°i':~~~S,i~,~~~Y~~i,.,Aiik'r~:!?N!'.ilk'S~ic~C!s~SIS~'kX~>Sr7'earna~[~a~:..,~.wv.n~r.... ............._...~... -
time be needed in obtaining said governmental licenses. permits and audlorizations,
e a wirin~ the neces a nova
for tl1 purpose of cq h u ~•
_ _ ...-- -....,.,._...,a . t~x~.t~~ hiT~w5ld~~e~tres~srcub
'Zr'nr x sf(o' ^ F k
~'~ .~ Sltonlrl tnnre
Seller shall grant Purchaser
'These extensions shall be
~ ..... i~!'~~~?it~~~3.1?t~... o. ~~... ... ,~r-~.~:~~„n~m~.~~,.„,..._..._-... •ons witlu the
In the event Purchaser is unable to obtain all the necessary permits, curb~ltts or authorizatt n
p~..`...
time referenced above, Purchaser may terminate the Agreemenk and Purchaser shall be entitled to the return of etl
original Deposits. At t!-is time, any non-refundable deposits shall be immediately released to Seller. Seller slulll
also be entitled to the return of the Deed or other instruments planed in escrow and the parties shall be released
from all further liability.
11. Approval of the Property purchase by the I/cono l.ube 1V' Tune, Inc. Real Estate
,Approval Committee within ten {10) days from the final execution date of this Agreertleat
14. Closing.
a. Closing shall occur within ten (10) days after all eondngencies of this Agreerttent are met, but the
parties anay, b~ mutual instruction si ned b~~both parties=, extend the~date of Giosin~~.in .accordance with Section
13 ahoy . ~:.`%' ~~~~~:~~~~~~+~'~~w ~~.
b. Real property taxes, premiums on fire and extended coverage insurance acceptable to Purchaser,
rents, interest, utilities and operating expenses shall be prorated as of the date of closing. Any outstanding bond or
assescmarlt which is a lien ~rhall he paid by Seller:
C, In addition. to executing and delivering any other documents or instruments which are reasonably
necessary for closing, Seller shall deliver to Purchaser at closing:
(l} .A'Warrattty deed in recordable farm conveying fee title to Purchaser subject to a lien to
secure payment of real estate taxes not delinquent, and to those exoeptio><ts, if any, approved by Pttrclutscr.
(2) A>Ix American Land Title Association (A.I..T.A.} Standard Coverage Policy of Title
Insurance i-t t11e amount of the full purchase price, to be paid for by Seller, insuring title vested in Purchaser
aubjcat only to the exceptions apprpvt'~cl by Purchaser,
d. Seller and Purchaser shall each pay one-half of escrow holder's fee. Seller shall pay the usual
recording fees and arty required documentary ttarrsfer tax.
e. Prior to the close of escrow, Seller will terminate any recorded or unrecorded leases including
outdoor sign teases, and have said structures removed front the prettlises at no additional cost to Pureltaser.
Purchaser will assume no liability for any unamortized cost of any &igns on the Property.
lS. Ttepresu-ialioua arld Disclairtt~Cr. Seller represents the following:
(1} Seller has not received nor is aware of any notification from the Department of Building and
Safety, health Departtent, or any such other City, County ar State authority having jurisdiction, requiring any
work to be done an the Property. Seller further represents that in the event any such notice or notices are received
by Seller prior to closing and Seller is unable to or does not elect to perform the work required in said notice at
Sc;lt•:rJs cote cast acrd axpeetse an or before closing, said notice shall be &t-br~iltted to Purchaser for examination and
written approval. Should Purchaser fait to approve Bald notac:G noel illcrcby elect not to oequire the Froperiy subjtrt
to t11e effect ot's.'1rne, within five (5) days from the date Seller subttuts said notice to Purchaser, then this agreement
shall be deemed null and void, t11e escrow shall be canceled and any deposit paid by Purchaser shall be returned to
Purchaser.
(2) 7`o Seller's present knowledge the Propetty and intprovettaents thereon, con~corm to all applicable
oc 1a.vr ~nnino rametatinnS and Qc"ExI resuxctlons. _
•
cx~nseg Ult tt~l~Hl, ll~ tllly, ~ilt~ Qltl 11it111lFil~f,l~~nY, i~ h~ilr~,y authorized to cuake »ucl- tu- tcwwa to -1~c t,.k~y-ucc~,
pc-rty in nrb-U'ullun.
17. No~ninec. Without being relieved o#' any llabfllty lu cluttu QIt3 purGlw~ ttndaf 1~ll~ Agi~lY1e8k- PtuCllaSer
reserves the right to take title to the Property, and to execute any and all notes, deed of trust and/or other
dacumcnts called for hereto., in a it81110 or uVAcuuoo othee than DtAted above.
18. Brolccrage pi'cloeures. Sellor agrees to pay any and a!1 brokerage commissions due as a result of tare
sale of this Property to Purchaser.
'fH15 SPACE LEFT IN'I'ENTI01rIALL'Y HLANK
~,p, Expiration of Acceptance. .,,... ,.,gin:: ~...v. ~.~
~~'-0; ' at S:OU P.M., the Offer shall be deemed
a. Unless Selle~t accepts this Offer, in writing, on of before ,;; , : ;,; ~.~c:..;.,: <: ;
revoked.
b. If 5clirc $ccapta tl-is Offer within the tame limit specifed> acceptance sha11 be deemed communicated to
purchaser if broker orally nolil'•ies Purchaser within the time limit specified and then. delivers to Purchaser within
forty-eight (48) hoursthereaftez, in person or by United States mail, one copy of this Agreesaent executed by Se11er.
I~CHA
ECUNO a~ N' li. F, ~~
. ~ •
.SL'L.LER'S ACCL~P'i'ANCiw;
SeIIeK agrees to sell the Property on the above terms and conditions.
Receipt of a copy aF this Agreement to Huy and SeQ Real Estaie is acknowledged.
By' ~ f r
Hate
Hy. ~.t/U (.~/(. Date. ~
teller's Address:
~'ltis Agreement and any attached addendum, rider or exi~ibit have been prepared fug bwbmission to youx attorney
for approval. No representation or recommendation is made by Econo Lobe N' 'pone, Inc., or its agents or
e~r~playees as to the legal sufficiency, legal effect or tax consequences of this Agreement or the transaction relating
thereto.
•
PFMDOl 97 M A S T E R U P D A T E 7/31/97 14:59:04
Parcel S1108244500 Code Area 03 Type Qty Value ACTIVE-
Name B W INC 220 26.000 390000
Bank Code
Buyer Lien Code
C/O Prepaid _
Address 250 BEECHWOOD DR L.I.D.
_
Bankrupt _
BOISE ID Sub.Code _
83709 - 0944
Annexation *NO
Last Change 97/04/11 By ASR KINSH Notes
_ Total 390000
Desc. PAR #4500 OF S2NW4
SEC 8 3N lE Exemption
#244400 & #244200-C
#95026500 #95041815 Grp 999 Typ 999 Ap
M3N1E0084500 3N 1E 08
_
Hardship
0
Property Zoning I-L Flag _
Address 01830 E
PINE MERIDIAN
AVE ID 83642-0000 D.D.
_
Space # Type 1 REAL
Roll 1 _
PRIMARY Occ. _
0 Action:
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
01-10 SA MW KS IM II S1 AS400 KB
s •
PFMDOl 97 M A S T E R U P D A T E
Parcel 51108234110 Code Area 210_ Type Qty
Name B W INC 120 11.000
Buyer
C/O
Address 250 BEECHWOOD DR STE 120
BOISE ID
83709 - 0944
Last Change 94/11/07 By ASR_ALLEN
Desc. PAR #4110 OF S2NW4
SEC 8 3N lE
#234100-244300-C
#9155347-48
03NO1E084110 3N lE 08
Total
7/31/97 14:58:36
Value ACTIVE-
80000
Bank Code
Lien Code
Prepaid
L.I.D.
Bankrupt _
Sub.Code
Annexation *NO
Notes
80000
Hardship 0
Property Zoning RT
Address 00000 E_ PINE AVE_ MERIDIAN ID
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
Exemption
Flag
D.D. _
Action:
01-10 SA MW KS IM II S1 AS400 KB
•
PFMDOI 97 M A S T E R U P D A T E
Parcel 51108233640 ~ Code Area 210_ Type Qty
Name B W INC 120 4.600
Buyer
C/O
Address 250 BEECHWOOD DR STE 120
BOISE ID
83709 - 0944
Last Change 94/11/07 By ASR_ALLEN
Total
Desc. PAR #3640 OF S2NW4
SEC 8 3N lE
#9258975
03NO1E083640 3N lE 08
7/31/97 14:58:14
Value ACTIVE-
48900
Bank Code
Lien Code
Prepaid _
L.I.D. _
Bankrupt _
Sub.Code
Annexation *NO
Notes
48900
Hardship 0
Property Zoning RT
Address 00000 S_ LOCUST GROVE RD_ MERIDIAN ID
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0
F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax
Exemption
Flag _
D.D. _
Action:
01-10 SA MW KS IM II Sl AS400 KB
n
PFMDOI 97 M A S T E R U P D A T E
Parcel 51108233619 Code Area 210_ Type Qty
Name B W INC 120 4.600
Buyer
C/O
Address 250 BEECHWOOD DR STE 120
BOISE ID
83709 - 0944
Last Change 94/11/07 By ASR_ALLEN
Total
Desc. PAR #3619 OF S2NW4
SEC 8 3N lE
#9258975
03NO1E083619 3N lE 08
7/31/97 14:57:46
Value ACTIVE_
4.8900
Bank Code
Lien Code
Prepaid
L.I.D. _
Bankrupt
Sub.Code
Annexation *NO
Notes
48900
Exemption
Hardship 0
Property Zoning RT
Address 00000 S_ LOCUST GROVE RD_ MERIDIAN ID
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
Flag _
D.D. _
Action:
O1-10 SA MW KS IM II S1 AS400 KB
•
PFMDOl 97 M A S T E R U P D A T E
Parcel S1108223550 Code Area 210_ Type Qty
Name CARR LINDEN L 120 6.340
340
Buyer 990
C/O
Address 1190 N LOCUST GROVE RD
MERIDIAN ID
83642 - 5926
Last Change 94/10/06 By ASR_DIXIE
Total
Desc. PAR #3550 OF W2NW4
SEC 8 3N lE
#9162356
03NO1E083550 3N lE 08
7/31/97 14:57:19
Value ACTIVE-
43400
82700 Bank Code MLP
41350- Lien Code
Prepaid _
L.I.D.
Bankrupt _
Sub.Code
Annexation *NO
Notes
84750
Exemption
Hardship 0
Property Zoning RT Flag
Address 01190 N_ LOCUST GROVE RD_ MERIDIAN ID 83643-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action:
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
O1-10 SA MW KS IM II S1 AS400 KB
•
PFMDOl 97 M A S T E R U P D A T E 7/31/97 15:01:02
Parcel 51105346615 Code Area 03 Type Qty Value ACTIVE-
Name WESTSIDE BIBLE CHAPEL 210 3.620 236500
420 207400 Bank Code
Buyer Lien Code
C/O Prepaid _
Address PO BOX 903 L.I.D.
_
Bankrupt _
MERIDIAN ID Sub.Code _
83680 - 0903
Annexation *NO
Last Cha nge 96/06/17 By ASR KINSH Notes
_ Total 443900
Desc. PAR #6615 OF SE4SW4
PAR # A R/S 2737 Exemption
SEC 5 3N lE
#346600-B Grp 145 Typ 164 Ap
#94006343 44 45 94043161 - 64
03NO1E056615 3N lE 05 Hardship 0
Property Zoning C-G Flag _
Address 02040 E
FAIRVIEW MERIDIAN
AVE ID 83642-0000 D.D.
Space # _
Type 1 REAL
Roll 1 _
PRIMARY Occ. _
0 Action:
F2=Selec t F3=Exit F5=Corrected Notic e F6=Letters F10=Tax
01 -10 SA MW KS IM II S1 AS400 KB
PFMDOI 97 M A S T E R U P D A T E
Parcel 87104253760 Code Area 210 _ Type Qty
Name MYALL TRUST THE 150 13.390
MYALL T E & B C TRUSTEES 190 2.690
Buyer 370
C/O
Address 6227 MARLBOROUGH DR
GOLETA CA
93117 - 1637
Last Change 96/06/25 By ASR CHADWL
Desc. LOTS 18-20 INC
PLEASANT VALLEY SUB
#9383896
01520000018A 3N lE 08
Total
7/31/97 14:52:50
Value ACTIVE-
267800
Bank Code
20700 Lien Code
Prepaid _
L.I.D. _
Bankrupt _
Sub.Code
Annexation *NO
Notes
288500
Exemption
Hardship 0
Property Zoning RT Flag _
Address 01470 N_ LOCUST GROVE RD_ MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
01-10 SA MW KS IM II S1 A5400 KB
LJ
PFMDOI 97 M A S T E R
Parcel. 87104253293 Code Area 03
Name SCHRANDT FAMILY LTD
PARTNERSHIP
U P D A T E
_ Type Qty
210 5.341
420
Buyer
C/O
Address 3303 E LINDEN ST
CALDWELL ID
83605 - 6077
Last Change 95/04/17 By : ASR DIXIE
Desc. LOTS 8-13 EXC 12.4'
PLEASANT VALLEY SUB
#3291-5
•
7/31/97 14:52:12
Value ACTIVE-
232654
2066700 Bank Code KCM
Lien Code
Prepaid _
L.I.D. _
Bankrupt _
Sub.Code J5
Annexation *NO
Notes
Total 2299354
Exemption
#95000774 Grp 093 Typ 118 Ap
01520000008A 3N lE 08
Hardship 0
Property Zoning C-G Flag _
Address 01725 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
01-10 SA MW KS IM II Sl AS400 KB
s •
PFMDOI 97 M A S T E R U P D A T E
Parcel 87104252500 Code Area 210_ Type Qty
Name SNODGRASS TED & TRESSIE F 150 7.400
370
Buyer 990
C/O
Address 2030 E FAIRVIEW AVE
MERIDIAN ID
83642 - 5797
Last Change 94/10/06 By ASR_DIXIE
Total
Desc. E 206.55' OF W 453.20'
OF LOT 7
PLEASANT VALLEY SUB
01520000007A 3N lE 08_
7/31/97 14:53:30
Value ACTIVE
63000 -
80900 Bank Code
40450- Lien Code
Prepaid _
L.I.D.
_
Bankrupt _
Sub.Code
Annexation *NO
Notes
103450
Exemption
Hardship 0
Property Zoning R8 Flag _
Address 02030 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
O1-10 SA MW KS IM II Sl AS400 KB
• •
PFMDOI 97 M A S T E R U P D A T E
Parcel 87104251802 Code Area 03 Type Qty
Name ELLIOTT INDUSTRIAL CO INC 210 1.020
420
Buyer
C/O
Address 424 PEBBLE BEACH WAY
EAGLE ID
83616 - 5184
Last Change 97/03/21 By ASR_KINSH
Desc. PAR #1802 OF LOT 6
PLEASANT VALLEY SUB
#1800-B
Total
015200000060 3N lE 08 Grp 145 Typ 146 Ap
Exemption
Hardship 0
Property Zoning C-G Flag _
Address 02065 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
7/31/97 14:53:57
Value ACTIVE-
134600
14900 Bank Code
Lien Code
Prepaid _
L.I.D. _
Bankrupt _
Sub.Code
Annexation *YES
Notes
149500
01-10 SA MW KS IM II Sl AS400 KB
L
PFMD01 97 M A S T E R U P D A T E
Parcel 87104251625 Code Area 210_ Type Qty
Name WASDEN JOHN R & DEBORAH 150 3.930
370
Buyer
C/O
Address 4844 CRESTHAVEN CIR
BOISE ID
83704 - 3009
Last Change 95/07/07 By ASR2 _ALLEN
Total
Desc. PAR #1625 OF LOT 6
PLEASANT VALLEY SUB
#95040856
01520000006A 3N lE 08
7/31/97 14:54:13
Value ACTIVE_
20000
140300 Bank Code PMI
Lien Code
Prepaid _
L.I.D. _
Bankrupt _
Sub.Code
Annexation *NO
Notes
160300
Exemption
Hardship 0
Property Zoning Rl Flag _
Address 02075 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
01-10 SA MW KS IM II S1 AS400 KB
•
PFMDOI 97 M A S T E R U P D A T E
Parcel 87104251530 Code Area 210_ Type Qty
Name PINE STREET DEVELOPMENTS 010 15.000
Buyer
C/O
Address 11321 W HICKORY BARK DR
BOISE ID
83713 - 1005
Last Change 96/06/11 By ASR_PARKER
Total
Desc. PAR #1530 OF LOT 7
PLEASANT VALLEY SUB
#94043763
015200000070 3N lE 08
7/31/97 14:54:57
Value ACTIVE_
16138
Bank Code
Lien Code
Prepaid _
L.I.D. _
Bankrupt _
Sub.Code
Annexation *NO
Notes
16138
Exemption
Hardship 0
Property Zoning RT Flag _
Address 02075 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax
O1-10 SA MW KS IM II S1 AS400 KB
_. • •
PFMDOl ,~~ 97 M A S T E R U P D A T E
Parcel R061`~'750070 Code Area 03 Type Qty
Name AV I L L C 210 1.116
420
Buyer
C/O ROGER H ALLEN
Address 9647 W PEBBLE BROOK LN
BOISE ID
83703 - 1765
Last Change 96/10/18 By ASR2_ALLEN
Total
Desc. LOT 7 BLK 1
AVEST PLAZA SUB
#96073904
7/31/97 14:56:17
Value ACTIVE_
366000
573500 Bank Code
Lien Code
Prepaid _
L.I.D. _
Bankrupt _
Sub.Code J6
Annexation *NO
Notes
939500
Exemption
M32150010070 3N lE 05 Grp 093 Typ 994 Ap
Hardship 0
Property Zoning C-G Flag _
Address 01658 N_ AVEST LANE MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
01-10 SA MW KS IM II S1 A5400 KB
~ i
PFMDOl 97 M A S T E R U P D A T E
Parcel 80619750050 Code Area 03 Type Qty
Name AV II L L C 210 .738
420
Buyer
C/O ROGER H ALLEN
Address 9647 W PEBBLE BROOK LN
BOISE ID
83703 - 1765
Last Change 96/10/18 By ASR2_ALLEN
Total
Desc. LOT 5 BLK 1
AVEST PLAZA SUB
#96073904
7/31/97 14:55:23
Value ACTIVE-
321500
343500 Bank Code
Lien Code
Prepaid _
L.I.D. _
Bankrupt
Sub.Code J6
Annexation *NO
Notes
665000
Exemption
M32150010050 3N lE 05_ Grp 095 Typ 098 Ap
Hardship 0
Property Zoning C-G Flag _
Address 01890 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
01-10 SA MW KS IM II S1 AS400 KB
PFMDOI 97 M A S T E R
Parcel 80619750010 Code Area 03
Name FRED MEYER INC
U P D A T E
_ Type Qty
_ 210 15.457
420
Buyer
C/O ATTN: MOCON
Address PO BOX 42121
PORTLAND OR
97242 - 0121
Last Change 97/05/13 By ASCALLLH
Desc. LOT 1 BLK 1
AVEST PLAZA SUB
#95070361
M32150010010 3N lE 05 Grp 095 Typ 098 Ap
Exemption
Hardship 0
Property Zoning C-G Flag _
Address 01740 N_ LOCUST GROVE RD_ MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax
•
7/31/97 14:55:54
Value ACTIVE_
2356600
6685300 Bank Code
Lien Code
Prepaid _
L.I.D. _
Bankrupt
Sub.Code J6
Annexation *NO
Notes
Total 9041900
O1-10 SA MW KS IM II S1 AS400 KB
~~-~ -t.
!1~ ~~ .,."l ~ ~.
PFMDOI _ 97 M A S T E R
Parcel 51105346655 Code Area 03
Name KISSLER JAMES A
U P D A T E
_ Type Qty
210 5.530
Buyer
C/O
Address 1591 SENDERO
•
7/31/97 15:01:28
Value ACTIVE_
717500
Bank Code
Lien Code
Prepaid _
L.I.D. _
Bankrupt _
BOISE ID Sub.Code _
83712 - 0000
Annexation *NO
Last Change.: 97/07/07 By : ASR_KINSH Notes
Total 717500
Desc. PAR #6655 OF SE4SW4
PAR #B R/S 2737
SEC 5 3N lE
#346600-S Grp 999 Typ 999 Ap
#96102434 ##96102435 #96102433_
03NO1E056655 3N lE 05 Hardship 0
Property Zoning C-G
Address 00000 E_ FAIRVIEW AVE_ MERIDIAN ID
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0
F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax
01-10 SA MW KS IM II S1 AS400
Exemption
Flag _
D.D. _
Action:
KB
~4.Q'1-~Q~1.. t,~ ~ ~ C,t ~ ~:-a ~`~`
PFMDOI 97 M A S T E R
Parcel 80619750080 Code Area 03
Name AVEST LIMITED PARTNERSHIP
Buyer.
C/O
Address 600 N MAPLE GROVE
BOISE ID
83704 - 0000
Last Change 97/06/19 By ASR KINSH
Desc. LOT 8 BLK 1
AVEST PLAZA SUB
M32150010080 3N lE 05
Total
7/31/97 14:56:38
Value ~ ACTIVE_
105800
Bank Code
Lien Code
Prepaid _
L.I.D. _
Bankrupt _
Sub.Code
Annexation *NO
Notes
105800
Exemption
Grp 999 Typ 999 Ap
Hardship 0
Property Zoning C-G Flag _
Address 01722 N_ AVEST LANE MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _
F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax
U P D A T E
_ Type Qty
210 1.252
01-10 SA MW KS IM II Sl AS400 KB
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Notes: Subdivision Fees
Fee 4 lots $300.00
Mailing Fee 21.93 17 ~ $1.29
TOTAL $321.93
`_+
~ _
~ C
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~o a 1T1 ~ ~
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~3"
PATRICK MCKEEGAN, ARCHITECT
218 SOUTH COLE ROAD
BOISE, IDAHO 83709
(208) 322-3486 FAX (208) 322-3487
U.S. BANK OF IDAHO, N.A.
EIGHTH AND BANNOCK BRANCH
BOISE, IDAHO 83702
92-372/1231 CHECK NO.
THE SUM OF THREE HUNDRED TWENTY ONE DOLLARS 93/100 ONLY
ro THE 08/14/97
~F°~ Meridian City
2437
AMOUNT
5321.93
SIGNATURE
11'00 2 4 3 711' ~: L 2 3 ~0 3 7 2 9~: 3 3 2 700 i 80011'
Meridian City Council
November 18, 1997
Page 5
MOTION CARRIED: All Yea
ITEM #5: TABLED NOVEMBER 5, 1997: REQUEST FOR A PRELIMINARY PLAT
FOR ECONO LUBE SUBDIVISION BY ECONO LOBE N'TUNE INC. -EAST OF
LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW:
Corrie: Council do you wish to hear from anybody on this?
Rountree: Mr. Mayor I believe we tabled this for action on the Ordinance for annexation.
I don't believe there are any further questions from staff.
Morrow. That being the case Mr. Mayor, I move we approve the preliminary plat for
Econo Lube Subdivision by Econo Lube N'Tune Inc., east of Locust Grove and South of
E. Fairview.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the preliminary
plat for Econo Lube Subdivision by Econo Lube N'Tune Inc., east of Locust Grove and
south side of E. Fairview, any further discussion? Hearing none, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #6: TABLED NOVEMBER 5, 1997: REQUEST FOR A CONDITIONAL USE
PERMIT FOR CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE
MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE
PARTS STORE BY ECONO LOBE N'TUNE INC. -EAST OF LOCUST GROVE,
SOUTH SIDE OF E. FAIRVIEW:
Bentley: Mr. Mayor, one of the things we had discussions on this was the type of signs.
In our packet we have pictures of mark ups of two signs, one for Econo Lube N'Tune it
is 8 foot by 6. And the other one is for Schucks that is 16 feet, the drawing shows 16
feet by ten and that is not acceptable for a monument sign in my estimation. I would not
be inclined on this update for 12 foot by 6 foot. Twelve foot wide is going to be pretty
excessive. I would like to hear comments from staff if I could, Shari?
Stiles: Mr. Mayor and Council the applicant has submitted in your packet monument
signs throughout the City. It does show that at least the Schucks in this case would far
exceed anything that has been constructed in the past on the monument except for the
Fred Meyer. I don't know if they could go lower and not have the larger expanse
beneath the signs. Other than that
Meridian City Council
rUovember 18, 1997
Page 6
Morrow. Comment Mr. Mayor, I think that by virtue of looking at the other signs that are
essentially monument type signs in the City comparing the square footages, obviously D
& B Supply has a pretty good size one, Fred Meyer has one that is bigger (inaudible). I
think part of the issue here is that they are somewhat proportional to the size of the
buildings. Fred Meyer building is a huge building, the D & B supply is a huge building.
In comparison these two buildings are very small and one of them is desirous of 160
square feet which I think doesn't make sense. The other one was originally 48 and now
appears to be 72 if I am understanding from the 8 to the 12 feet. I am not sure that I
have a specific problem with the 72 but I definitely have a problem with the 160 foot.
Rountree: I think Econo Lube got the idea, they are consistent with like signs for maybe
not quite but close to similar square footages. Schucks I think the idea of having to
have a solid 6 foot pedestal to display a four foot high sign seems a bit much. I am not
in favor of that, I think they need to get it down and in touch with the consistency of
other monument signs along Fairview and other places in the City. I would be inclined
to think that they could probably gamer as much clientele with a 6 by 12 foot sign as
they can with 60 or 160 square foot sign and not have what appears to be just a large
panel sticking on the side of the road. I think the scale is out of whack with the sign. I
think if we can come to some consensus in terms of what we would see in terms of
dimensions I don't have any problem with the conditional use permit.
Morrow: As a point of discussion Mr. Rountree perhaps it would make a certain sense
as a Council to approve the conditional use permit subject to the resolution of the sign
size and if the staff and Schucks are not able to come to an agreeable size consistent
with what we are thinking then the Council would in fact make that decision at the next
meeting. If they come to the agreement along the lines we are thinking then the
conditional use would automatically take effect at the signing of that agreement.
Rountree: I think that is good way to expedite it.
Bentley: 1 have no problem with that.
Come: And your contention is the 6 by 12.
Morrow. Mr. Mayor, I am prepared to offer a motion to approve the conditional use
permit for the construction of Econo Lube N'Tune automobile maintenance and light
repair facility and Schucks auto parts store by Econo Lube N'Tune Inc. subject to all
staff conditions and findings of fact conditions subject to the additional condition that the
signage be remedied to 6 by 12 or 72 square feet and that the applicant and the staff
come to agreement on that and with a signed agreement of that conditional use shall
take effect immediately. If there is not a signed agreement to that effect the conditional
use returns to the City Council at our December 2"d meeting for further hearing.
Bentley: Second
Meridian City Council
November 18, 1997
Page 7
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the CUP subject
to the conditions as stated in the motion, any further discussion on the motion? City
Clerk brings up a point here, I don't know that we approved the findings of fact or not,
that was part of your motion Mr. Mayor was it not subject to staff and the findings of
fact?
Morrow. The intent of the motion was to subject to all conditions of the staff and the
original findings of fact with respect to annexation and zoning. So that all of those
conditions were inclusive in terms of the conditional use and the additional condition of
the signage, that was the intent of the motion.
Corrie: I guess my question to the Counselor, can we incorporate those findings of fact
into that motion before we have done anything with the findings.
Crookston: You should adopt those findings first.
Rountree: I thought we adopted the findings on the annexation.
Crookston: You have, but you haven't adopted the findings on the conditional use
permit.
Rountree: Can we in fact do that because it is not ident~ed on the agenda.
Morrow. Well that is true it is not identified on the agenda, it is part of last week's
package. My perspective of the motion was or my thought was that we had covered all
of those things within the testimony at our last meeting and everything was simply
awaiting the annexation ordinance approval. If memory serves me part of that process
was not the approval of the findings of fact and contusions (inaudible) awaiting the
ordinance.
Corrie: I believe that we did close the public hearing, we did table it until we had the
annexation ordinance.
Morrow. Wait a minute Ron there is some confusion there are two sets of findings, one
was on the annexation and now we have a set of findings of fact and conclusions on the
conditional use permit. My question is which do we approve and the answer is we
approve (inaudible) Mr. Rountree have you found (inaudible) with respect to the
conditional use
Corrie: It is on page 28
Morrow. The proper procedure then is that motion, well what we ought to be doing here
is approving the findings of fact and conclusions and adopting them. So that being the
case if the second would withdraw I will with draw the motion.
Meridian City Council
November 18, 1997
Page 8
Corrie: I will entertain a motion for the findings of fact and conclusions of taw.
Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of
law for the conditional use for Econo Lube N'Tune automobile maintenance and light
repair facility and Schucks automobile parts store by Econo Lube N'Tune Inc.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the findings of
fact and conclusions of law on the request for the conditional use permit, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Morrow. Motion on the decision and recommendation, the City of Meridian hereby
decides the property set forth in the application should be approved for annexation and
zoning and issuance of conditional use permit under the conditions set forth in these
findings of fact and conclusions of law. That if the applicant is not agreeable with these
findings of fact and conclusions and is not agreeable with entering into a development
agreement the property should not be annexed. There should be no development or
use whatsoever on the property set forth in the application as being used for anything
other than a planned commercial development for retail to be annexed and zoned
general retail and service commercial such as approved by the City of Meridian prior to
commencement of construction.
Rountree: Second
Come: Motion made and seconded on the decision as read, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Morrow. Mr. Mayor, would it be simple enough just to restate the motion that was read
into the minutes earlier.
Corrie: You could do it that way.
Morrow. Then I would like to do it that way. Mr. Mayor, I am prepared to offer a motion
to approve the conditional use permit for the construction of Econo Lube N'Tune
automobile maintenance and light repair facility and Schucks auto parts store by Econo
Lube N'Tune Inc. subject to all staff conditions and findings of fact conditions subject to
the additional condition that the signage be remedied to 6 by 12 or 72 square feet and
that the applicant and the staff come to agreement on that and with a signed agreement
of that conditional use shall take effect immediately. If there is not a signed agreement
Meridian City Council
November 18, 1997
Page 9
to that effect the conditional use returns to the -City Council at our December 2"d
meeting for further hearing.
Bentley: Second
Come: Motion is made and seconded as previously entered into the record of the CUP
subject to staff and with the limited signage and the signed agreement, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: FINAL PLAT FOR DAKOTA RIDGE ESTATES 46, LOTS BY MAX
BOESIGER -SOUTH OF USTICK AND'/ MILE WEST OF TEN MILE:
Bentley: We have a request from Becky Bowcutt of Briggs Engineering to table this until
December 16~'. I will make that motion.
Rountree: Second
Cowie: Motion made by Mr. Bentley second by Mr. Rountree to table the final plat for
Dakota Ridge Estates until December 16"', all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: REQUEST FOR A CONDITIONAL USE PERMIT FOR A THEME TYPE SIT
DOWN RESTAURANT BY YICK YEE FAMILY CO. - SE CORNER OF FAIRVIEW
AVENUE AND LOCUST GROVE:
Yee: My name is Boyd Yee and I am representing the Yick Yee Family Co. I have been
through the Planning and Zoning review and so forth and I guess we are here tonight to
ask the City Council for a conditional use permit to build this theme type restaurant that
is called Wingers.
Cowie: Council any questions of Mr. Yee?
Rountree: I see you brought a menu did you bring some samples?
Yee: I brought a picture of the restaurant (inaudible) Obviously there was some
previous discussion about signs and whether we missed it through Planning and Zoning
review or whatever I guess I am also what are the possibilities of getting a pile on sign
for the restaurant. I have brought some pictures of some signs that are existing. Here is
one in (inaudible) and this is some signs that were in (inaudible) the sign that is on the
building. I brought some blue prints along that showed some dimensions and so forth.
Obviously with the discussions that have taken place earlier I am not sure if the
dimensions are relevant because they do seem a little big compared to what you guys
•
•
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 18.1997
APPLICANT: ECONO LOBE N'TUNE ITEM NUMBER: 6
REQUEST:_CONDI110NAL USE PERMIT FOR ECONO LURE NTUNE A SCHUCKS AUTO PARTS STORE
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
L~~
f .~
I
~~~~
~ , G~~ ~
~~
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
• •
Patrick ~ NOV 1 3 1997
T M~Keegan J G~ ~~~~ w ,~~~til~-~~
Architects ~~ ~'~
~I~ ,
218 S. Cole Road ') ' ~ ~/
Boise, Idaho 83709 '~ ~ ,~~'
208.322.3486
208.322.3487 fax
November 13, 1997
Shari Stiles
Planning and Zoning Director
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
Re: Econo Lube/Schuck's CU Application
Project No. 97020
Dear Shari,
As requested by the City Council attached please find elevations of the proposed monument signs for the
Econo Lube and Schuck's projects. The Econo Lube sign is 4 feet high by 8 feet long and will sit on a
2 foot high split faced masonry base to match the building. The color scheme, which is much more
muted that the pole sign originally submitted, is shown on the attached sketch . The Schuck's sign is 4
feet high by 16 feet long and sits on a 6 foot metal skirt textured to match the building stucco. The colors
are as shown on the attached elevation.
I did a survey of the monument signs referred to by the Council and others I could find on the main
streets in Meridian. Here is what I found:
Location Height (total) Width Area
Proposed Econo Lube 6' 8' 48 Square Feet (SF)
Proposed Schuck's 10' 16' 160 SF
Central Valley Corp Park 6' 12' 72 SF
Meridian Family Clinic I I' 10.5' 115.5 SF
Key Bank 8' 8.5' 68 SF
Primary Health 6' 12' 72 SF
Home Federal 6' 12' 72 SF
November 13, 1997
Shari Stiles
Page 2
I also looked at the pole signs in the adjacent area. Those are:
Location Height(total) Width
D & B Supply 6' 16'
Fred Meyer 12' 16'
Area
96 SF
192 SF
~J
As you can see the signs proposed by Econo Lube and Schuck's are in "basic conformance with other
buildings in (the) area" as required by the Zoning Ordinance.
On an item heard before ours the Council expressed the desire to have Meridians zoning ordinances
generally in conformance with the rest of the valley. For the record Boise City allows 1.5 SF of sign per
lineal foot of street frontage. Ada County allow the larger of 65 SF or 1.5 SF per lineal foot of street
frontage. The requirements are the same for pole or monument signs and are in addition to the signage
allowance for the building itself. Using those standards, Econo Lube and Schuck's would be allowed
184.5 SF of sign (I 23' x 1.5) for each lot.
Please forward this to the Council for their review. If you need additional information, please call. I will
be in attendance at the meeting November 18th to answer any questions the council may have.
Sincerely yours,
Patrick McKeegan Architects
Patrick McKeegan,
Principal Architect
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MC ~e~gan
218 S. Cale Road
Boise, Idaho 83709
208.322.3488
208.322.3487 fax
November I8, 1997
Shari Stiles, Planning Director
City of Meridian
33 East Idaho St.
Meridian, 14 83542
Re: Econa Lupo N' Tune Annexation et al.
Project No. 97024
Clear Shari:
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Yesterday (November 17th} I received a communication from Econo Lube N' Tune concerning the
monument signage information 1 submitted last Thursday.
They reviewed the submittal and, based on my survey of existing signage in Meridian, desire to
increase the width of the proposed monument sign to 12 feet. The height, 6 feet, will remain the
same. The sign and base will have a faoe area of 72 square feet which is the same as three of the
existing signs.
Also, attached is a site plan showing the location of the two signs.
I will have this information at the public hearing tonight.
If you have any questions, please tali.
Sincerely,
Patrick MclCeegan Architects
G~~
atrick McKee n,
Principal Architect
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APPROVAL Oi= FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves ese Findings of Fact.
~~~
and Conclusions of Law on this ~ day of ~''~/`e~'~~~L , 19~ 7
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
(INITIAL)
APPROVED
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
VOTED
VOTED
VOTED
VOTED
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Meridian City Council • •
November 5, 1997
Page 28
Come: Motion made and seconded to table the preliminary plat until November 18th,
any further discussion? Alf those in favor? Opposed?
MOTION CARRIED: All Yep
ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF ECONO LURE N'TUNE AUTOMOBILE MAINTENANCE AND
LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY
ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E.
FAIRVIEW:
Corrie: At this time I will open the public hearing.
Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney.
McKeegan: Mr. Mayor and Council I would respectfully request that the testimony
presented in item #13 be entered with this item also.
Corrie: Is there anyone else from the public that would like to issue testimony at this
time? Hearing none I will close the public hearing for the request for the CUP and we
need to also table this Council.
Morrow. Mr. Mayor, I would move that we table the conditional use permit for the
construction of the Econo Lube N'Tune and also the Schuck's Automobile parts store
until our meeting on the November 18tH
Rountree: Second
Corrie Motion made and seconded to table this until our meeting on November 18~', all
those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE RECESS
ITEM #16: RON VAN AUKER: DISCUSSION OF LAND TO EAST OF FUTURE
MIDDLE SCHOOL SITE:
Corrie: I ~nrould entertain a motion that we table that to November 18"' since we need
some people here.
Morrow: Mr. Mayor I don't necessarily disagree with that, from my perspective this is an
issue essentially requesting ground be added to Boise'/4 mile west of Clovet~dale Road,
I am certainly agreeable to listening to a discussion by the Van Auker people but for the
record (inaudible) any ground west of Cloverdale Road being incorporated into the
~ ~
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5 1997
APPLICANT: ECONO LURE N'TUNE ITEM NUMBER: 15
REQUEST• PUBLIC HEARING• REQUEST FOR CUP FOR AUTO MAINTENANCE AND LIGHT REPAIR
AND A SCHUCKS AUTO PARTS STORE
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
COMMENTS
9-9-97 P 8~ Z MINUTES
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS~1
~~
~~ ~,, l
U
OTHER:
All Materials presented at public mee~ngs shall become property of the City of Meridian.
Meridian Planning & Zo~ Commission
September 9, 1997
Page 31
Fitzgerald: Not really, that is what in terms of the public hearing on the preliminary plat
you can bring that up and discuss that and when you move it on when you do finally act
you can add that to your motion to the city Council as part of your recommendation.
Smith: From the standpoint of the property subdivision the items that you have asked us
to take a look at will not be affected by that, will not affect the property subdivision as we
have it shown. Schucks and Econo Lube are going to be essentially splitting that lots 1
and 2 into equal portions. Econo Lube will have the easterly half to work with and
Schucks will have the westerly half to work with and the common access drive is going
to be on that line. So that will be working with those pieces on their individual lots.
Johnson: In the absence of any additional public testimony at this point I don't see
where that is a big issue. If that were to be changed if they did a redesign we could
incorporate that into the comments and move it onto City Council level.
Borup: Excuse me Mr. Chairman, I think probably Commissioner Smith's comments
apply to item 14.
Johnson: Which is the conditional use permit itself which we will take up next.
Smith: I guess we are just approving the property (inaudible)
Johnson: Is there anyone else representing the applicant that would like to also have
their testimony incorporated? This is a public hearing also, anyone else that would like
to comment on the preliminary plat? Any other questions or discussion? Seeing no one
then I will close this public hearing.
Smith: Mr. Chairman I would like to make a motion that we table this item pending
approval of annexation and zoning to October 14, next Planning and Zoning
Commission meeting.
MacCoy: Second
Johnson: A motion and a second to table item #13 until October 14~', our next regularly
scheduled meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND
LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY
ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E.
FAIRVIEW:
Meridian Planning & Zo~ Commission S
September 9, 1997
Page 32
Johnson: I will now open this public hearing and ask that the applicant come forward
and be sworn again.
Patrick McKeegan, 218 S. Cole, Boise, was sworn by the City Attomey.
McKeegan: I would request that the testimony presented in item #12 be incorporated
into this hearing.
Johnson: Anything further?
McKeegan: Not at this time.
Johnson: Thank you, any other comments from the applicant's representative? Anyone
else from the public that would like to address the Commission? Any staff comments?
Any comments from Commissioners?
Borup: I have one Mr. Chairman, I have got I think the same concerns as Commissioner
Smith. Now we are down to approving the construction of the building and we have got
some computer renderings that look real nice. But I think maybe for our comfort level
we would like to see some type of plans.
Smith: We only have the elevations on the Schucks we don't have them on the Econo
Lube.
Borup: Again for the applicant's, my understanding this would not delay the application if
we can have that by our next meeting.
Johnson: Do you concur with that Mr. Fitzgerald?
Fitzgerald: Commissioner Borup are you saying that they submit that information so
that it be forwarded onto the City Council as part of the consideration by that body?
Borup: We well we are not going to be (inaudible) until next meeting are we?
Fitzgerald I assume that you will request that the City Attomey prepare findings of fact
and conclusions of law which the next meeting you would be approving those findings of
fact and conclusions of law. Certainly we can put in there a request that if they are
agreeable to submit that information we would pass that onto the City Council.
Johnson: Just make that part of the motion.
Smith: I don't want to lose site of trying to work some of these issues out on the site
plan either.
Meridian Planning & Z~g Commission
September 9, 1997
Page 33
Borup: The subdivision didn't address the site plan it is just strictly dividing the lot, it is
just boundaries.
Smith: I mean as far as the building siting and the location of parking and building
orientation and all of that. I would like to see the whole package, the building design.
We have the Schucks but what you were asking for in addition to that the Econo Lube
N'Tune (inaudible) site plan. So I don't, how do we do this?
Johnson: Well we somewhere along the line here are gong to have a motion, you may
win or you may lose.
Smith: I will take my chances, so I need to, what I want to do when I make the motion is
I don't want to delay the process. I want to keep it moving forward but I also want to
allow us the opportunity to review the proposed design as it addresses the issues that
we brought up tonight.
McKeegan: Can I interject, I have the exterior elevations on the Econo Lube project
that we can bring those in. As far as addressing the site issues would it be appropriate
to work with Planning and Zoning Administrator on those between now and the next
meeting and then submit those as part of your next packet so that you will have a
chance to review them. And if you (inaudible) I think that we know the direction you
want to go it is just a matter of being able to efficiently design the parking is what I am
concerned about is being able to efficiently get enough parking on site to meet the
requirements.
Smith: Are you pretty tight on parking right now?
McKeegan: I was discussing that with Ms. Stiles during some of the other testimony
that there is a discussion here about a requirement for 54 parking spaces. But that was
based on the whole building being occupied by retail space. And actually about half the
building is storage space which is one space per 1000 so using that we are actually
overparked. But Schuck's has a target they like to provide around 40 spaces that is
what they generally need for over flow.
Smith: Can we make a motion to have findings of fact drawn up with and still have the
opportunity to review these issues at the next meeting?
Johnson: That information would have to come forward and it would have to
incorporated into the findings of fact and conclusions of law that are prepared. There will
be no other meeting, we can't be in violation of the open meeting law. So whatever
comes into has to be incorporated into that to do that. Whether you can legally do that
or not without another hearing I don't know.
Meridian Planning & Zo~g Commission
September 9, 1997
Page 34
Fitzgerald: I guess I am a little confused here, I am getting a little apples and oranges,
you want to keep the process moving forward. The next step would be for the
preparation of findings of fact you approve that and it goes onto City Council.
Smith: I want to keep the process moving forward if it is possible. If not can we have
continue the public hearing and have preliminary findings of fact drawn.
Johnson: If that is a motion you can do that.
Borup: I have a comment if they are going to be (inaudible) I think tying into D & B I
think everyone is in agreement on that, that is worthwhile. Probably the problem is if
you need 50 feet of stacking for Econo Lube that is probably going to be the biggest
challenge is that. But there still is something that can be done there.
McKeegan: We just have to shuffle the parking lot. Also what we would like to do is
maintain some type of cross access to the property to the east when it develops. We
don't want to close off possibility which then it becomes a question of if you want to
have that row of parking along Fairview Avenue so the driveways align or if you
eliminate the parking in front of Schucks and pull the driveway down farther which is
going to affect the parking on the person to the east.
Smith; Does the cross access have to happen at the front row of parking. Can it happen
back in one of the farther back rows?
McKeegan: If you require a cross access agreement in the center of that property then it
may be in the middle, if that becomes commercial property somebody may want to build
a building there. You may not get it because it may be going into the middle of their
building.
Johnson: I think we are getting a little too detailed. I don't think we are going to be able
to work all this site plan out this evening. We need to do something to satisfy you so that
you get some additional input. If that doesn't happen then you don't have any alternative
to delay the project. I don't see where you can do it any other way unless you want to
attend a meeting with the applicant and Ms. Stiles that could certainly be part of your
motion as well. But otherwise we leave the public hearing open and we start a new one
on October 14~' with that particular (inaudible).
Borup: 1 like idea of leaving it opening and preparing preliminary findings.
MacCoy: I want to take a review of this material.
Johnson: If want to leave it open then I won't close the public hearing. Any other
comments from anyone? If not then I will entertain a motion.
Glen Buday, 529 N. Oxford Lane, Chandler, AZ, was sworn by the City Attorney.
Meridian Planning & Zol~ Commission
September 9, 1997
Page 35
Buday: The reason I am up here, I am confused. I really don't know whether you are
tabling it whether you are approving one of the three items or whether we are approving
two of them.
Johnson: We haven't done anything yet.
Buday: That is kind of where I am at. We can do this one of two ways. I guess we can
table this and come back with something that might look a little different in terms of the
site plan. Or we can go ahead and take a look at each one of these conditions and
approve them and then I can come back on a staff level and go through them and go
through it that way. I am just very unclear I just need to be able to determine what we
are doing here.
Johnson: We are kind of unclear because we are not sure what Mr. Smith wants.
Which is fine without a delay I don't know how we can accomplish what (inaudible)
Buday: Then we would be delaying all three items then the way I see it.
Johnson: In essence you would be.
Buday: And if we are we are and if are not we are not.
Smith: What I would like to see you do is take another look at the site plan and while
you are doing that put together your building elevations so that we can review all of that
together at the next meeting which would not be tabling this item we would be
continuing it. We will also ask the City Attorney to prepare preliminary findings of fact
and conclusions of law and therefore we can act on those it is possible we can act on
those the same time we review the design at the next meeting so we can take care of all
of that at once.
Johnson: It is possible
Smith: So we don't have to go into November.
Johnson: Well you don't have to ask for their approval if that is what you want to do.
Buday: You were asking for building elevations, we have submitted some building
elevations, Schucks has I think you have that packet.
Smith: I haven't seen it.
Johnson: It maybe be at staff level and hasn't found its way to us.
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH 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) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
MEMORANDUM:
To: Planning & Zoning Commission/Mayor & City Council
From: Bruce Freckleton, Assistant to City Engineer
Shari Stiles, Planning & Zoning Administrator
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
September 4, 1997
Re: Application for Annexation and Zoning to C-G and R-2
Application for Preliminary Plat of Econo Lube Subdivision
Application for Conditional Use Permit for Econo Lube N' Tune and Schuck's
(Econo Lube N' Tune Inc. -Applicant)
We have reviewed this submittal and o.,~er the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
ANNEXATION & ZONING:
1. The two legal descriptions submitted with the application for annexation & zoning appear
to meet the criteria of the City of Meridian and the Idaho State Tax Commission. Copies
of the legals that apply to the annexation, stamped "Review Approval", will be forwarded
to the City Attorney for his use in preparation of the applicable Ordinance.
2. The request for C-G along the frontage of Fairview Avenue is consistent with the Meridian
Comprehensive Plan. The City Council has indicated in past proposals that residential
development within this section is not desirable. It would not appear that a zoning of R-2,
with minimum lot sizes of 15,000 square feet, is appropriate for this area. As the
owner/applicant has no known plans for the property, the portion of land south of Wilson
Lane should not be annexed until a development proposal is presented and the City may
determine whether annexation into the City is desired.
3. A development agreement incorporating detailed conditions of approval is required as a
condition of annexation.
Econo Lube Sub.pp
s ~-
Planning & Zoning Commission/Mayor & Council
September 4, 1997
Page 2
PRELIMINARY PLAT AND CONDITIONAL USE:
(GENERAL COMMENTS)
1. Any existing irrigation/drainage ditches crossing the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.M. Plans will need to 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. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface
soil conditions as prepared by a soil scientist with street development plans.
4. Provide five-foot wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
Water service to this development is contingent upon positive results from a hydraulic
analysis by our computer model.
5. Water service to this development is contingent upon positive results from a hydraulic
analysis by our computer model.
6. Submit a letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
7. Coordinate fire hydrant placement with the Meridian Public Works Department.
8. Respond, in writing, to each of the comments contained in this memorandum by 5:00
p.m., September 5, 1997. Submit ten copies of the revised Preliminary Plat Map to the
City Clerk's Office a minimum of one week prior to the hearing by the Meridian City
Council.
(SITE SPECIFIC COMMENTS)
1. The overall boundary of the Annexation and Zoning request is approximately 8.5 acres,
of which Econo Lube Subdivision occupies the northerly 2.5 acres. The remaining 6
acres, lying south of Wilson Lane, is to remain as is under this proposal.
Planning & Zoning Commission/Mayor & Council
September 4, 1997
Page 3
2. Sanitary sewer service to this site will be via an extension of an existing mainline located
in Wilson Lane. Approval of this application needs to be contingent upon our ability to
accept the additional sanitary sewage generated by this proposed development. Applicant
will be responsible to construct the sewer mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Sewer manholes are to be provided to keep the sewer lines on the south and
west sides of centerline.
3. Water service to this site will be via extensions of an existing ten-inch diameter main
located in Wilson Lane. Applicant will be responsible to construct the water mains to and
through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
4. Applicant has indicated on the Preliminary Plat map that the source of the landscape
irrigation system will be from an existing well. Will the well be able to provide enough
water for the irrigation of each lot's irrigation system?
5. High-pressure sodium streetlights will be required at locations designated by the Public
Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
6. Storm drainage must be retained within the boundaries of each lot. No combined storm
drainage systems will be allowed.
7. Please indicate the centerline of East Fairview Avenue and dedication of additional needed
right-of--way (54' from centerline) on the Preliminary Plat map.
8. D&B Supply's requirements called for a minimum 25-foot-wide berm beyond required
right-of-way along Fairview Avenue. The Owner/Applicant shall construct a berm
adjacent to the south right-of-way line of Fairview Avenue a minimum of 25 feet in width
ranging in height above the grade of the adjacent parking area from two feet to four feet.
Indicate landscape setback requirement on the plat. The Fairview Avenue berm will be
landscaped and sprinkler irrigated in accordance with a detailed landscape plan to be
submitted by developer and approved by the City. Said plan shall be submitted for review
and approval prior to the submittal of the final plat map. Each individual lot shall provide
a minimum of one three-inch caliper tree per 1,500 square feet of asphalt. A letter of
credit or cash surety will be required for the improvements prior to signature on the final
plat.
Econo Lobe Sub.pp
• i
Planning & Zoning Commission/Mayor & Council
September 4, 1997
Page 4
9. ACRD policy requires that access from Fairview to this development be located to align
with Avest Lane. Although their report indicates the alignment is to be with Dixie Lane,
staff believes this is an error and should indicate Avest Lane.
10. The preliminary plat map is required to carry the stamp, signature and date of the
Professional Land Surveyor that has done the preliminary design.
11. Please revise the Preliminary Plat map to show that the new 30-foot portion of Wilson
Lane is to be "dedicated" to ACHD, not "Vacated".
12. Permanent easements will need to be dedicated across the subdivision for extension of
public utilities.
13. Applicant will be required to construct curb, gutter and five-foot-wide sidewalk along the
frontage of Wilson Lane, and five-foot-wide separated sidewalk along the frontage of
Fairview Avenue.
14. During the design phase of D&B Supply, it was discovered that there is an existing
underground irrigation pipe that runs parallel with Fairview Avenue, that is independent
of the ditch and pipe that is visible from the surface. The subdivision design engineer
should contact the Public Works Department for further information.
15. All parking stalls are to be a minimum of 9'x19' with 25' driveways. The 16'-6" stalls
adjacent to the proposed Schuck's store are not in compliance and need to be revised.
Compact stalls may only be approved with the approval of the Planning & Zoning
Commission. Based on a square footage of 10,800, 54 parking spaces are required.
16. Provide signage for handicapped accessible stalls in accordance with ADA.
17. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and shall
receive design approval of the Planning & Zoning Department. A-frame and other
temporary signs will not be permitted and will be removed upon 3 days notice to the
Applicant. Sign permits are needed for all signage. Council may want to specifically
review individual signage.
18. Screened trash enclosures are to be provided per City Ordinance. Coordinate dumpster
site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate
dumpsters so as not to impede fire access.
Econo Lube Sub.pp
•
Planning & Zoning Commission/Mayor & Council
September 4, 1997
Page 5
19. All uses shall be developed under the conditional use permit process, with detailed site
plans to be approved for each individual lot.
Econo Lobe Sub.pp
• ~
BEFORE THE MERIDIAN P ZONING COMMISSION
CANNING AND
aw~ ~
ECONO CUBE N'TUNE INC. ~ N ~
~-
ANNEXATION AND ZONING OF 8.5 ACRES TO C-G AND
R-2 BY ECONO CUBE N'TUNE INC ~ v
o
.
AND
CONDITIONAL USE PERMIT FOR A CONSTRUCTION OF ECONO
CUBE N'TUNE AUTOMOBILE MAINTENANCE AND
LIGHT REPAIR FACILITY AND SCHUCR'S
AUTOMOBILE PARTS STORE
1915 E. FAIRVIEW AVE., EAST OF LOCUST GROVE,
SOUTH SIDE OF E. FAIRVIEW
MERIDIAN, IDAHO
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matters having come on for public hearing
on September 9, 1997, at the hour of 7:00 o'clock p.m., the
Applicant, appearing through its representative, Patrick McKeegan,
and again at the October 14, 1997, public hearing at the hour of
7:00 o'clock p.m., the Applicant, appearing through its
representative, Dennis Thornton, 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. A notice of a public hearing on the application for the
conditional use permit and application for annexation and zoning
was published for two (2) consecutive weeks prior to said public
hearing scheduled on September 9, 1997, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
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was duly considered at the September 9, 1997 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. The property is located within the City of Meridian at
1915 E. Fairview Avenue, East of Locust Grove on the south side o~f
E. Fairview. The property is described in the application for
annexation, zoning, and the conditional use permit, which
description is incorporated herein as if set forth in full. The
Applicant is not the owner of record of the property. The record
owner of the property is Lawrence Tuckness, and he has consented to
the application for annexation, zoning, and the conditional use
permit.
3. Pursuant to the application, the property is located
within the City of Meridian at 1915 E. Fairview Avenue, east of
Locust Grove on the south side of E. Fairview. The property is
presently zoned by Ada County as RT, Rural Transitional, and is
currently used as a single family residence with numerous
outbuildings and corrals. The Applicant requests annexation of the
property and that the property be rezoned as detailed below. The
application for annexation and zoning is not at the request of the
City of Meridian. There are three proposed uses for the property
as follows:
a. The first proposed use of the property is to subdivide
the north 2.576 acre portion into four lots, and the
Applicant requests the property be rezoned to C-G. The
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northeast lot is to be used to operate an Econo Lube
N'Tune with an automotive lubrication and tune-up
facility of approximately 2,800 square feet. The north
east lot is to be occupied by a Schuck's automotive
supply store of approximately 8,000 square feet. The
south two parcels are to be sold for commercial use.
b. The second proposed use is to sell the 5.951 acre
southern parcel, and the Applicant requests the property
be rezoned to R2, as either one parcel with future
development as a residential PUD or further subdivision
the responsibility of the buyer.
c. The third proposed use is as a right-of-way to be
dedicated to the Ada County Aighway District for the
extension of Wilson Lane. The right-of-way is to be
divided between the main northern and southern parcels
described above, taking one-half the 60 foot right-of-way
from each of the two parcels. Public utilities are to
extend in the right-of-way.
The Applicant presented a site plan depicting the location of the
Econo Lube N'Tune, the Schuck's automotive supply store, and the
remaining subdivided parcels. Further, pursuant to the application
for a conditional use permit, the Applicant agrees to pay any
additional sewer, water or trash fees or charges,. if any,
associated with the use, whether that use be residential,
commercial or industrial.
4. Patrick McKeegan, .representative for the Applicant,
testified substantially as follows at the September 9, 1997 public
hearing. It was his understanding that the City had requested that
the southern six acres be withdrawn from the annexation request and
the R-2 zoning request south of Wilson Lane. He agreed with the
City's request because it would still leave a legal lot of record
in Ada County and allow Applicant to go forward with the
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subdivision process. Based on his understanding of site specific
comment number 6, the City would not be allowing a common storm
drainage system. Because Econo Lube N'Tune and Schuck's would like
to be allowed a common storm drainage system, he requested that
dialog be left open so it could be discussed further. The intent
behind one shared system was to save money and resources and to
have a common system that would have the joint easement and
agreements in place. He indicated, however, that if the City
absolutely will not allow a common system, Econo Lube N'Tune and
Schuck's would be willing to put in separate systems. Access
agreements between Econo Lube N'Tune and Schuck's had been reached
allowing Econo Lube to have access through Schucks' property. Mr.
McKeegan had with him a map or site plan for indicating the
relocation of the driveway as requested by the highway district,
connecting Econo Lube and Schuck's, giving each access to the
other's property.
5. Patrick McKeegan, representative for the Applicant,
further testified as follows at the public hearing. The highway
District requested that Applicant remove the access easement from
the northern two lots on the bottom of the site plan going through
the common lot line between lots 3 and 4 to Wilson Lane, due to
concern about long term cross through traffic through private
property for people wanting to avoid the light at Locust Grove. In
response, Applicant took the utility easement from Wilson Lane to
the northerly lots, and moved it to the easterly property line.
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This will extend Applicant's utilities from Wilson Lane to the east
property, the utilities for Schuck's and Econo Lube coming down
that easterly access or utility easement. Additionally, Mr.
McKeegan indicated Applicant answered the remaining comments in
writing to Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, the Planning and Zoning Administrator. That
correspondence, dated September 5, 1997, is incorporated herein as
if set forth in full.
6. In response to questions by Commissioner Borup, Mr.
McKeegan, representative of the Applicant, testified substantially
as follows. The Applicant has not yet determined its plans for the
two remaining lots on the property since it is not the owner of the
property and it is not subdivided. The Applicant is currently
negotiating with a user in the area that would be using the
property for outdoor storage of materials. Mr. McKeegan assured
Commissioner Borup that the use would be compatible with a C-G
zone. Access for the two lots will be off Wilson Lane, but there
will be no access via Wilson Lane across the remaining two lots for
the two northern lots. Also, an easement through the center of the
property is undesirable in case a future purchaser wants to build
through the center of the two lots where the easement would be .
Under the conditions of approval, the Applicant will improve the
curb and put in a gutter on its side, improve the asphalt plus 12
feet of the southern half. Additionally, the Applicant will
improve Wilson Lane similar to that behind D & B supply to the east
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property line. The Applicant will also have a cross access
agreement with D & B's parking lot to the west, and D & B has also
expressed interest in the back piece of the property, but nothing
has been finalized.
7. In response to comments by Mr. Thom Myall posed in his
September 4, 1997 correspondence, incorporated herein as if set
forth in full, Mr. McReegan testified substantially as follows.
The blocked ditch that runs through the Applicant's property will
be tiled and kept active if it serves any downstream users. The
Applicant will also maintain access to lots three and four as
required by State irrigation law until such time as those people
decide they do not want to use the water. The Applicant also
intends to use the water in the ditch for pressurized irrigation if
there is enough water volume to do so. The drainage ditch that
comes across Wilson Lane to the southeast corner of D & B's
property will be tiled where it crosses under the street. Boxes
will also be installed. All the run off water on the Applicant's
property will be retained on that property. Applicant Econ Lube
N'Tune is extremely sensitive about hazardous materials, and so
always constructs its Lube pits with five different levels and
layers of protection, with no drain. The pit is designed to
contain all of the total fluids that are on site in case there is
some kind of a catastrophic event and then they would be removed.
All tanks, are secured and are double sealed. Schuck's only has
small containers of hazardous materials on the premises; and so
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there is a very low probability that any sort of contamination
would result therefrom. The Applicant will comply with all the
health department regulations and has already done level 2 tests on
the site to make sure there is no contamination prior to moving
onto the property.
8. In response to questioning by Commissioner MacCoy, Mr.
McKeegan responded substantially as follows. Exterior lighting for
Econo Lube will consist of the minimum the City requires since its
hours are from approximately 7:30 a.m. to 6:30 p.m., and it
therefore has no need for site lighting or security light.
Schuck's is open from approximately 8:00 a.m. until 9:00 p.m. and
so they will have a wall pack type of light on timers with some
sort of shielding to prevent the lights from shining into other
properties until they shut off automatically at a reasonable hour.
Econo Lube's signage will be different from that of Schucks', and
they will apply for separate design review and signage permits on
the property. If the City desires a monument sign, that will be
requested, but the Applicant's first choice is a pole sign. In
response, Commissioner MacCoy stated that the City does not want a
pole with a blinking light system on it. Additionally,
Commissioner MacCoy stated that the Applicant's ADA parking was
taken care of, but he made the suggestion that since vans are
loaded from the back or from the right side, there should be an
area on the right side for unloading wheelchairs.
9. In response to questions from Commissioner Smith, Mr.
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McKeegan testified substantially as follows. Because Econo Lube
requires 50 feet from the building to any curbing or edge of
parking, if the Applicant were to move the parking area in the
front to the rear, the building would still be 50 feet away from
the parking area, which would just be for stacking space for two
cars to the front of the building. Commissioner Smith replied that
he believes there are opportunities for a more attractive street
side elevation and that it seemed that moving the parking would be
a viable alternative to the site planning. In response to further
questioning by Commissioner Smith, Mr. McReegan responded that he
was unaware Applicant was supposed to submit information on what
the buildings will look like, but thought there is a separate
design review application to address that information. Econo
Lube's building will be a split face block in two tones of light
brown with a red canopy and a red cap band. The signage on the
building will be red. Commissioner Borup then commented that there
is no design review, but the City Council decides these issues so
this must be submitted to City Council. Mr. .McReegan then
indicated he would submit the information on the materials. The
Schuck's building will be in gray earthtones with stucco-like
material, a red canopy and red banding with blue accents.
10. To further questioning by Commissioner Smith, Mr.
McKeegan responded that the building would not be a tilt up pre-
cast, but a wood frame with synthetic stucco material. The height
of the Econo Lube is 18'8" at the highest part, and 16'8" at the
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rest. Schuck's is 19 feet at the parapet. The Applicant will move
the building back to accommodate the 19' requirement for parking
space length. The Applicant will be installing a 3 1/2 foot
landscape zone on the west side of .the Schuck's building and a
landscape buffer on the east side abutting an existing residential
zone. There is a zero set back on the west side because it is an
existing commercial zone. The Applicant will be placing a berm in
front of D & B in a 25 foot setback including a tree per 1500
square feet of asphalt as required by the City. The construction
of the periphery fence on the residential side will be constructed
of either 6 foot wood cedar or masonry to match the building.
Commissioner Smith replied that masonry would be better because of
its longevity and durability. He would like to see some effort
made to put the buildings at the front of the property to avoid the
look of strip development. Commissioner Smith also suggested that
Econo Lube and Schuck's work together to develop a monumental type
sign to be shared by both businesses instead of putting up two. To
this suggestion, Mr. McReegan asked whether the signage allowance
for each business would then be combined so that if 100 square feet
of signage were allowed for each, then a sign done in combination
would be 200 square feet. To this, Commissioner Smith indicated he
did not know, and this should be reviewed with staff.
11. Dennis Thornton, also a representative of Econo Lube
testified substantially as follows. Econo Lube prefers to have its
buildings moved forward, however, the choice was made to instead
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enter into a cross cut agreement which allows patrons of D & B to
drive through Schucks' lot. In response, Commissioner Smith
commented that he believes moving the buildings up holds more
weight than the connection to D & B. Mr. Thornton continued his
testimony substantially as follows. The Applicant is very
cognizant of environmental issues, recycles, and carefully and
expensively constructs its pits, at a cost of $22,000 per pit to
prevent leakage. In response to further questioning from
Commissioner Smith, Mr. Thornton replied that the parking does not
need to be moved to the back because the berm will minimize the
impact of the sight of the parking up front. Commissioner Smith
responded that only the first row of parking will be blocked until
a car is parked there.
12. Commissioner MacCoy then commented that he likes
Commissioner Smith's su estion '
gg for the access to D & B s property
and that D & B has been very cooperative in helping achieve the
access.
13. Glenn Buday, a representative of Schuck's Automotive,
testified substantially as follows. Schuck's would like to move
closer forward, too, but with their entrance on the front in the
center of the building, they want to assure that their customers
coming out of the store with batteries and other heavy items can
reach their cars quickly. Schuck's would like to put in a 30 foot
driveway instead of a 25 foot driveway to provide safer ingress and
egress for customers. In response, Commissioner Borup suggested
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the building be turned the other direction, making it 70 feet
closer to the road, leave the egress to D & B, and get the parking
on the side, leaving the rear for overflow parking. The entrance
%ould be left where it is or moved elsewhere. Mr. Buday testified
that he would look into that suggestion and discuss it with the
corporate architect.
14. In response to a question by Commissioner Smith, Mr.
Buday testified substantially as follows. The plan proposed is a
standard building foot print.
15. In response to a question by Commissioner Smith, Mr.
Thornton testified substantially as follows. The plan proposed is
a standard building foot print, but there are three or four
configurations which can be used.
16. In response to questioning and comments by Commissioners
Barup and Smith, the Applicant's representative, Mr. Patrick
McKeegan testified substantially as follows. Applicant has the
exterior elevations on the Econo Lube project and they will ~be
delivered to the Commission. The site issues will be worked on
with the Planning and Zoning Administrator before the next meeting
and be submitted as part of the next packet for review by the
Committee. Applicant's main concern is having enough parking on
site to meet the requirements. There is a requirement for 54
parking spaces, but that is based on the whole building being
occupied by retail space. In actuality, half the building is
storage space, which is one space per 1000, so using that figure,
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Applicant is overpacked. Schucks' goal is to provide 40 spaces for
overflow.
17. Commissioner Borup commented that he believes tying into
D & B is worthwhile, but the main problem is that Econo Lube needs
50 feet of stacking which needs to be worked out. To this, Mr.
McKeegan testified substantially as follows. The parking lot just
has to be shuffled, and Applicant would also like to maintain cross
access to the property to the east when it develops. There remains
a question as to whether a row of parking will exist along Fairview
so the driveways align or if the parking is eliminated in front of
Schuck's and the driveway pulled down farther, affecting parking on
the person to the east.
18. To a question by Commissioner Smith, Mr. McReegan
testified substantially as follows. If across access agreement is
required farther back than the front row of parking, then it may be
in the middle of the property, which will adversely affect a future
builder if that becomes commercial property because it would run
through the center of their building.
19. Glenn Buday, a representative of Schuck's Automotive,
further testified substantially as follows. Building elevations
for Schuck's were submitted with the application packet.
Commissioner Smith responded by making a motion to continue the
public hearing to October 14, 1997, asking that the Applicant look
at and work with staff on redesigning the site plan addressing the
comments and concerns that were addressed at the hearing and to
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C~
present building elevations to the Commission.
20. Any additional site plans and information on building
heights presented at the continuation of the hearing on October 14,
1997 are incorporated herein as if set forth in full. If
additional public comment and/or testimony is given regarding the
additional site plans and information on building heights at the
October 14, 1997 hearing, these preliminary findings of fact will
be amended accordingly.
21. There was no further testimony given at the hearing, and
it was continued, as to the Conditional Use Permit, until October
14, 1997.
22. The Assistant to the City Engineer, Bruce Freckleton, and
the Planning and Zoning Administrator, Shari Stiles, submitted
comments on the annexation and zoning request, general comments and
site specific comments. Their annexation and zoning comments,
general comments and site specific comments are incorporated herein
as if set forth in full. Their comments on the annexation and
zoning request included the following:
a. The request for C-G along the frontage of Fairview Avenue
is consistent with the Meridian Comprehensive Plan. The
City Council has indicated in past proposals that
residential development within this section is not
desirable. It would not appear that a zoning of R-2,
with minimum lot sizes of 18,000 square feet, is
appropriate for this area. As the owner/applicant has no
known plans for the property, the portion of land south
of Wilson Lane should not be annexed until a development
proposal is presented and the City may determine whether
annexation into the City is desired.
b. A development agreement incorporating detailed conditions
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of approval is required as a condition of annexation.
Their general comments included the following:
a. Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled
per City Ordinance 11-9-605.M. Plans will need to be
approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation
of said approval submitted to the Public Works
Department.
b. Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape
irrigation.
c. The Applicant is to determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil
scientist with street development plans.
d. The Applicant is to provide five-foot-wide sidewalks in
accordance with City Ordinance Section 11-9-606.B. Water
service to this development is contingent upon positive
results from a hydraulic analysis by our computer model.
e. The Applicant is to submit a letter from the Ada County
Street Name Committee, approving the subdivision and
street names. The Applicant must make any corrections
necessary to conform.
f. The Applicant is to coordinate fire hydrant placement
with the Meridian .Public Works Department.
h. The Applicant is to respond, in writing, to each of the
comments contained in this memorandum and submit to the
City Clerk's office prior to the hearing date.
Their site specific comments included the following:
a. The overall boundary of the Annexation and Zoning request
is approximately 8.5 acres, of which Econo Lube
Subdivision occupies the northerly 2.5 acres. The
remaining 6 acres, lying south of Wilson Lane, is to
remain as is under this proposal.
b. Sanitary sewer service to this site will be via an
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extension of an existing mainline located in Wilson Lane.
Approval of this application needs to be contingent upon
our ability to accept the additional sanitary sewage
generated by this proposed development. The Applicant
will be responsible to construct the sewer mains to and
through this proposed development. The subdivision
designer is to coordinate main sizing and routing with
the Public Works Department. Sewer manholes are to be
provided to keep the sewer lines on the south and west
sides of centerline.
c. Water service to this site will be via extensions of an
existing ten-inch diameter main located in Wilson Lane.
The Applicant will be responsible for constructing the
water mains to and through this proposed development.
The subdivision designer is to coordinate main sizing and
routing with the Public Works Department.
d. The Applicant has indicated on the Preliminary Plat map
that the source of the landscape irrigation system will
be from an existing well. Will the well be able to
provide enough water for the irrigation of each lot's
irrigation system?
e. High-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All
streetlights shall be installed at the subdivider's
expense. Typical locations are at street intersections
and/or fire hydrants.
f. Storm drainage must be retained within the boundaries of
each lot. No combined storm drainage systems will be
allowed.
g. Please indicate the. centerline of East Fairview Avenue
and dedication of additional needed right-of-way (54'
from centerline) on the Preliminary Plat map.
h. D & B Supply's requirements called for a minimum 25-foot-
wide berm beyond required right-of-way along Fairview
Avenue. The Owner/Applicant shall construct a berm
adjacent to the south right-of-way line of Fairview
Avenue a minimum of 25 feet in width ranging in height
above the grade of the adjacent parking area from two
feet to four feet. The Applicant shall indicate
landscape setback requirement on the plat. The Fairview
Avenue berm will be landscaped and sprinkler irrigated in
accordance with the detailed landscape plan to be
submitted by developer and approved by the City. Said
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plan shall be submitted for review and approval prior to
the submittal of the final plat map. Each individual lot
shall provide a minimum of one three-inch caliper tree
per 1,500 square feet of asphalt. A letter of credit or
cash surety will be required for the improvements prior
to signature on the final plat.
i. ACRD policy requires that access from Fairview to this
development be located to align with Avest Lane.
Although their report indicates the alignment is to be
with Dixie Lane, staff believes this is an error and
should indicate Avest Lane.
j. The preliminary plat map is required to carry the stamp,
signature and date of the Professional Land Surveyor that
has done the preliminary design.
k. Please revise the Preliminary Plat map to show that the
new 30-foot portion of Wilson Lane is to be "dedicated"
to ACRD, not "Vacated."
1. Permanent easements will need to be dedicated across the
subdivision for extension of public utilities.
m. The Applicant will be required to construct curb, gutter
and five-foot-wide sidewalk along the frontage of Wilson
Lane, and five-foot-wide separated sidewalk along the
frontage of Fairview Avenue.
n. During the design phase of D & B supply, it was
discovered that there is an existing underground
irrigation pipe that runs parallel with Fairview Avenue,
that is independent of the ditch and pipe that is visible
from the surface. The subdivision design engineer should
contact the Public Works Department for further
information.
o. All parking stalls are to be a minimum of 9'x19' with 25'
driveways. The 16'-6" stalls adjacent to the proposed
Schuck's store are. not in compliance and need to be
revised. Compact stalls may only ~be approved with the
approval of the Planning and Zoning Commission. Based on
a square footage of 10,800, 54 parking spaces are
required.
p. The Applicant will provide signage for handicapped
accessible stalls in accordance with ADA.
q. All signage shall be in accordance with the standards set
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forth in Section 11-2-415 of the City of Meridian Zoning
and Development Ordinance, the Uniform Sign Code, and
shall receive design approval of the Planning and Zoning
Department. A-frame and other temporary signs will not
be permitted and will be removed upon 3 days notice to
the Applicant. Sign permits are needed for all signage.
Council may want to specifically review individual
signage.
r. Screened trash enclosures are to be provided per City
Ordinance. The Applicant shall coordinate dumpster site
locations with the City's solid waste contractor,
Sanitary Services, Inc. Applicant shall locate dumpsters
so as not to impede fire access.
s. All uses shall be developed under the conditional use
permit process, with detailed site plans to be approved
for each individual lot.
23. The Applicant's representative, Patrick McKeegan,
responded in writing to the annexation, zoning, general and site
specific comments of the Assistant to the City Engineer and the
Planning and Zoning Administrator through a letter dated September
5, 1997. This responsive letter is incorporated herein as if set
forth in full. Mr. McKeegan's responses to the annexation and
zoning comments included the following:
a. It is Applicant's understanding that the City will annex
the portion of the property being subdivided without the
portion south of Wilson Lane being annexed. The owner
has agreed to the dedication of the portion of the
property for Wilson Lane. The portion south of Wilson
Lane will be greater than five acres so it will still be
large enough to qualify as a lot in the County R/T zone.
I do not know of the owners plans for that property
except that it is expected to be a residential use. The
_ ... _ __._ ._ _~-2 -zone- request- ~as__-at the directon_ of-thg progerty-
owner.
Mr. McKeegan's responses to the general comments included the
following:
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a. It is Applicant's understanding that the open ditches on
this property serve only this property. Applicant may
use some of the irrigation for a pressurized irrigation
system. Ditches that will not be used will be covered.
Any ditches that remain active will be tiled per the
referenced ordinance and the irrigation district's
requirements.
b. It is Applicant's intention to use the existing well for
landscape irrigation if it has enough capacity.
c. Information on the seasonal high groundwater elevation
was included in the soils report submitted with the
application. The high ground water, as tested on August
13th, was encountered at 8-8.5 feet below existing grade.
This should be close to the seasonal high. This will be
below the anticipated building footings and lube pit
floor structure. The lube pit uses a five layer
waterproofing system that prevents migration of liquids
in from both sides of the pit walls and floor.
d. Sidewalks will be installed on Fairview Avenue and Wilson
Lane as requested.
e. There will be no streets within the subdivision. The
subdivision name has been submitted to the Committee for
approval.
Mr. McKeegan's responses to the site specific comments included the
following:
a. The Applicant has not tested the current well system yet
because the home on the property is occupied. If the
capacity is adequate we intend to use the well for
irrigation.
b. It is Applicant's intention to have a common storm
drainage system for the north two lots (Econo Lube and
Schuck's) to minimize the cost and gain economy of scale.
They would be installed and maintained through a joint
easement between the parties that would run with the
_ . - ._ .. and. - I-f - phis - ~e--not -desirable, _APPlcant_ will- insta
separate systems. The detailed drainage systems for the
south two lots will be determined when the lots are sold.
At this time it appears that the lots may be sold to one
owner.
c. The centerline of East Fairview Avenue and dedication of
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additional needed right-of-way will be added to the
Preliminary and Final Plat maps.
d. Landscape setbacks will be shown on the Plat. The
interior landscaping will be installed as requested. The
requirement for surety is acknowledged.
e. Applicant acknowledges ACRD requirements that access from
Fairview to this development be located to align with
Avest Lane, and will install its egress point in
conformance with the ACRD requirements.
f. Applicant will revise the Preliminary Plat map to show
that the new 30-foot portion of Wilson Lane is to be
"dedicated" to ACHD, not "Vacated".
g. Applicant will construct the curb, gutter and sidewalk as
requested.
h. The building will be moved 2.5 feet north to allow for
the 19 foot parking stall length.
24. Joe Canning also responded in writing to the annexation,
zoning, and site specific comments of the Assistant to the City
Engineer and the Planning and Zoning Administrator through a letter
dated September 5, 1997. This responsive letter is incorporated
herein as if set forth in full. Mr. Canning's responses to the
annexation and zoning comments included the following:
a. After reviewing the Meridian Subdivision Ordinance, I
would have no objection to deleting the land south of
Wilson Lane from the annexation request.
Mr. Canning's responses to the site specific comments included the
following:
a.-`The well's capacity is--unknown at
served as the drinking water source
present on the project site. Furthe
well capacity is planned during
landscaping during the project
development phase of the project.
--this time. It has
for the home that is
r study regarding the
the design of the
construction plan
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b. The centerline and right-of-way may be added to .the
preliminary plat.
c. The revision of access location to Fairview would also be
planned to be added to the preliminary plat.
d. I had not noticed in the submittal data provided by the
city the requirement that the preliminary plat carry a
land surveyor's seal. I understood the boundary
description was required to be sealed.
e . The preliminary plat will be revised to show that the new
30-foot portion of Wilson Lane is to be "dedicated" to
ACRD, not "Vacated".
25. The Meridian Police Department, the Meridian Fire
Department, the Meridian Sewer Department, the Nampa & Meridian
Irrigation District, and Central District Health submitted
comments, which respective comments are incorporated herein as if
set forth in full.
26. The Ada County Highway District has or may hereafter
submit comments. Its submitted comments, if any, are incorporated
herein as if set forth in full,. and its comments hereafter
submitted shall be incorporated herein as if set forth in full when
submitted.
27. There were also comments by Thom and Barbara Myall by way
of correspondence directed to the City of Meridian Planning and
Zoning Commission, dated .September 4, 1997. Their letter is
incorporated herein as if set forth in full. Mr. and Mrs. Myall's
comments included the following:
a. The Myalls are landowners of approximately 18 acres
immediately adjacent to the subject land on the west
side, 1470 Locust Grove Road, consisting of a private
residence and agricultural land.
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b. The Applicant's proposal does not appear to be in
compliance with 1.5, 4.5U and 5.16U of the Meridian
Comprehensive Plan. A plan for complete development of
all lands shown on the Generalized Land Use Map for all
developers would be most helpful. The subject land also
appears to be the land commonly referred to as Idaho
Foreign Trade Zone (FTZ) and therefore we question
whether R-2 zoning is compatible for the south 6 acres.
There is no development plan shown for those six acres.
We have been told in the past by the City of Meridian
that you will not annex open land without a concrete
development plan.
c. It appears that Meridian has or may soon have competing
and conflicting uses in this area without thoughtful and
careful planning. Furthermore, it is unclear what the
City's plan is for Wilson Lane. Whether that street will
continue east to lot 1 of Pleasant Valley Subdivision to
the Treasure Valley Business Park, whether every eastern
property owner will request Fairview access as they have
now, and whether ACRD will approve is unclear. It
appears that the City is approving classic strip
development with all of its associated problems. The
City of Meridian has or will have piecemeal development
all along the south side of Fairview, which is identified
as an eastern entryway to the City.
d. The irrigation water delivery system crosses the southern
6 acres of subject land requested to be zoned R-2. This
irrigation water delivery system must be protected for
users of the water. There appears to be no plan for
piping this water in the Econo Lube subdivision.
e. The irrigation waste water system crosses 8.5 acres in
numerous places, carrying wasted irrigation water from 52
acres east of this land. This amount of waste irrigation
water needs to be taken into account in the plans and
drawings. This is a concern of ours due to the previous
construction of D & B Supply where this was not taken
into account until the construction of Wilson Lane was
almost completed.
f. Currently all road runoff from Wilson Lane runs above
ground and within 25 feet of our domestic well. The
additional road water runoff, which, in the future, could
be carrying additional hazardous waste from the proposed
auto repair shop will compound our concerns for safe
drinking water from our well.
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28. There were no other comments by the public at the
September 9, 1997 hearing regarding this application, and the
hearing was continued until October 14, 1997.
29. A resubmittal of the Application for annexation, zoning,
and a conditional use permit containing additional information
requested at the September 9, 1997 public hearing, via letter from
Patrick McKeegan dated October 7, 1997, was received by Shari
Stiles, Planning and Zoning Director on or about October 8, 1997.
The additional information is incorporated herein as if set forth
in full. Specifically, the resubmitted Application includes the
following information as revisions to the preliminary plat:
a. Delineation of modifications to the irrigation/drainage
ditches. The .plan maintains irrigation to drainage from
existing undeveloped lots effected by this project. Approval
from the Irrigation District is in progress.
b. Water and sewer service have been extended along Wilson
Lane. The utility easement within the subdivision has been
relocated to the east property line.
c. The street name (Wilson Lane) has been approved. The
subdivision approval is still in process.
d. The additional 4 feet of right of way on Fairview Avenue
has been shown on the plat and C.U. site plan.
e. The 25' landscape setback and berm on Fairview Avenue has
been shown on the plat and C.U. site plan.
f. Alignment of the Fairview access drive with Avest Lane in
compliance with ACHD standards is shown on the plat and C.U.
site plan.
g. The preliminary plat map has been stamped and sealed.
h. A 5 foot wide sidewalk has been added at Fairview Avenue.
i. Investigation of the "discovered" irrigation pipe
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continues. Appropriate information will be added to the plat
map.
30. The resubmitted Application also included Econo Lube
N'Tune and Schuck's color, exterior elevations, floor plans and
site signs. In addition, the following information was in the
resubmitted Application as relates specifically to the conditional
use permit:
a. Fire hydrants will be placed as requested by the Meridian
Public Works Department.
b. Street lights will be located at the Fairview egress
point and eastern fire hydrant on Wilson Lane.
c. Landscaping has been modified to add the berm at Fairview
Avenue and one tree per 1,500 s.f. of asphalt.
d. The parking has been modified to provide 19' deep stalls.
At Schuck's north side the asphalt depth is 17 feet with 2
feet added to the sidewalk. This allows the curb to act as a
wheel restraint. The required number of parking spaces (54)
have been provided.
e. Accessible parking places will be constructed, marked and
signed in accordance with ADA guidelines.
f. Proposed pole mounted signage information is included for
your information. It is our understanding that the signage
will require a separate approval.
g. Trash enclosures will match the building construction.
Dumpster sizing and location will be in conformance with
Sanitary Services, Inc. requirements.
h. Individual site drainage has been shown for each lot.
i. At the Public Hearing Schuck's was requested to review
their building placement. Schuck's reviewed relocation of the
building. Attached is a narrative addressing the reasons for
the location shown on the revised site plan.
31. Additionally, Schuck's submitted a narrative summarizing
their evaluation of reorienting their building on the site as
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requested by Commissioner Smith at the September 9, 1997 meeting.
The narrative is incorporated herein as if set forth in full. The
narrative specifically set forth the following information:
As requested at the September 9, 1997 Planning and Zoning
meeting, we have evaluated the idea of reorienting our
standard 7,000 square foot building to face east and move the
building closer to Fairview Avenue.
After numerous discussions and review of the plans we have
determined that the reorientation of the building would be
inferior to the site plan that was presented at the meeting.
It would be inferior for the following reasons:
a. The front of the building including entrance, exit,
canopy sign, windows, entrance parking and main lighting
would face the rear of the proposed Econo Lube store, in
lieu of facing Fairview Avenue. This would be
undesirable.
b. The majority of the customers would have to drive to
the rear of the property to park, in lieu of all parking
in front of the store. This would create a non-friendly
parking lot layout for our customers.
c. We would loose (sic) one parking space.
d. The rear of the building (100) feet would face west
bound traffic on Fairview Avenue.
e. The side of our building (70) feet which has drain
gutters, no windows or special treatments would face
Fairview Avenue. This is not an attractive look for the
surrounding community.
f. Customers would tend to park along the side of the
building instead of the front because it would be the
first accessible parking space when entering the parking
lot.
g. The building would set approximately 64 feet closer
to Fairview, which would create a crowded appearance to
the development. This would block the visibility to
both; the proposed Econo Lube to the east and the
existing D & B Lumber store to the west. We have a
reciprocal access agreement and a approval of the site
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plan and proposed building location from D & B lumber,
any deviation from this would not be acceptable.
We would like to keep the building orientation so that the
front of the building faces Fairview Avenue and that all
parking would be accessible from the front of the store.
32. At the October 14, 1997 public hearing, Econo Lube
N'Tune's representative, Dennis Thornton, testified substantially
as follows. The Applicant took the Planning Commission's
recommendations, considerations, and tried to address each of those
issues. The Applicant re-submitted the site plan with color
elevations, floor plans and site signs which was requested at the
last planning meeting. The Applicant made the revisions to the
plat as were requested, adding fire hydrants, street lighting,
modifying the landscaping and the berm on Fairview including one
tree per 1500 square feet. The parking has been modified to 19 feet
deep stalls, on the Schuck's north side, asphalt depth is 17 feet
but 2 feet was added to the sidewalk as recommended. There are 54
parking spaces as required, accessible parking spaces will be
constructed marked and signed in accordance with the ADA
guidelines. The proposed pole mounted sign information has been
submitted. Trash enclosures will match all building construction.
Individual site drainage has been shown for each lot. Schuck's
looked very hard at reconfiguring the building on the site and
because of constraints that they felt were unacceptable, determined
it would not be advantageous to the entire development. The
Applicant tried to address the concerns of Commissioner Smith, and
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looked very hard at making some changes in accordance with his
suggestions. The Applicant believes the site plan as re-submitted
is the highest and best use. Changes to the plat include
modification of irrigation and drainage ditches, water and sewer
service has been extended along Wilson Lane. The utility easement
within the subdivision has been relocated to the eastern property
line that being one utility easement. The street name Wilson has
been approved and the subdivision approval is still in process.
The additional four feet of right of way on Fairview has been shown
on the plat and the conditional use site plan. The 25 feet
landscape setback and berm on Fairview have been shown on the plat
and the Conditional use site plan. The Applicant has aligned the
Fairview access drive with Avest lane in compliance with ACRD
standards as shown on the plat and the CU site plan. The
preliminary plat map has been stamped and sealed. A five foot wide
sidewalk has been added at Fairview Avenue and the investigation of
the discovered irrigation pipe continues and appropriate
information will be added to the final plat.
33. In response to questioning by Commissioner Smith, Mr.
Thornton testified substantially as follows. He does not recall
the request for moving the building closer to the road being
directed at Econo Lube at all, but only to Shucks, and
Commissioner Smith must be mistaken. Therefore, Econo Lube did not
look at reorienting the building. The Applicant prefers to have
the stacking out front so that the handicapped parking is out front
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and they can be taken into the facility without much difficulty.
The Applicant also likes it to look to the public as if it is very
busy.
34. Bill Geyer testified substantially as follows. He
represents the Schrandt family limited partnership which owns the
D & B facility to the west of the proposed application. He would
like clarification on the ingress easement his partnership has been
truing to negotiate with the Applicant for several months. Mr.
Geyer asked if the ingress/egress point is something that is a
condition of their approval for the development. Commissioner
Borup replied that most of the requirement for the cross access has
come from ACHD, but it makes sense. He feels that the cross access
needs to be out front, not out back of the property.
35. Glen Buday, representative for Schuck's, testified
substantially as follows. Schuck's does not want their parking to
the rear of their building so that customers buying batteries and
other heavy items can reach their cars quickly. Mr. Buday read the
Schuck's narrative for building orientation submitted by Schuck's,
and elaborated some on parking and building orientation. (See
paragraph 31 above for the complete text).
36. Commissioner Smith responded by asking what originally
dictated how the buildings would be situated on the property. Mr.
Thornton again testified substantially as follows. Schuck's found
the site first, and then an agreement was arranged so that Econo
Lube N'Tune would maintain Schuck's position next to D & B Supply.
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He also added that there are security issues involved with moving
the parking to the rear because the businesses are closed at night.
But because Schuck's is open a little later in the evening, people
would be walking behind the building in the dark, causing safety
concerns.
37. Commissioner Borup -then commented that he believes
Schuck's narrative shows they just decided on a building they want
and determined that it is best for them and easiest, not best for
anyone else. He likes the building at Ustick and Five Mile in
Boise with a corner entrance and windows on both sides, and parking
on the sides.
38. Commissioner MacCoy commented that he shares Commissioner
Borup's and Commissioner Smith's concerns with the building
orientation.
39. Commissioner Smith then commented further as follows. He
does not appreciate Mr. Buday's comment that the floor plan is
designed how it is and that is just the way it works. He does not
believe that the plan shows good design work and the whole site is
bad design. Since this is a case where there is an empty piece of
ground with building owners who are very cooperative, very able,
and very capable to work together, to end up with the plan as
submitted is a substandard approach. He believes this just
amplifies the problems with cookie cutter design, cookie cutter
architecture that anyone can take a business and plop it on any
site anywhere in Boise or anywhere in the United States and expect
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it to work. That approach does not address the concerns that he or
the other commissioners have about the site, and avoiding strip
development. He is very disappointed and strongly disagrees with
the statement that reorientation would be inferior to the site plan
that was presented at the meeting. He thinks that with some
creativity there could have been a solution that worked the
Applicant and the Commission. However, he will not support the
site plan the way it is presented. In addition, he believes a
monument sign is sufficient and the pole sign designs submitted are
not needed. There is more signage on the building than is needed,
and he will not support the signage package as presented either.
40. In response to Commissioner Smith's concerns, Mr.
Thornton testified substantially as follows. The Applicant wants
to build in Meridian, and will do all it can to comply with the
wishes of the Commission, and he agrees it isn't the best way to do
it, but the Applicant does not have enough property to make it work
out better. The Applicant is trying to get everything approved by
December so that building can begin and everything will be built
within two months. The Applicant would be happy to look at any
other suggestions, but has budget restraints that prevent the
building from being the way the Commission wants it. If signage is
a problem, the Applicant will look at a monument sign.
41. There was no further testimony at the October 14, 1997
public hearing.
42. The property included in the annexation and zoning
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application is within the Area of Impact of the City of Meridian.
43. The parcel of ground. requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(ZJ.a.P.A. ) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
44. The property can be physically serviced with City water
and sewer, if applicant extends the lines.
45. Meridian has, and is, experiencing a population increase;
that there are pressures on land previously used for agricultural
uses to be developed into residential subdivision lots and other
uses.
46. The following pertinent statements are made in the
Meridian Comprehensive Plan and are specifically applicable to this
Application:
1. Under ECONOMIC DEVELOPMENT
COMMERCIAL ACTIVITY CENTERS at page 17
Retail, commercial and office development are
frequent partners within Commercial Activity
Centers. In order to support residential and
industrial developments, areas should be set aside
as Commercial Activity Centers and their
development carefully guided.
Various commercial activity centers are
designated on the generalized land use map.
Planning policies pertaining to commercial activity
centers are presented in the land use chapter of
the plan.
MIXED-PLANNED USE DEVELOPMENT AREAS at page 17
Mixed use is a planning category which refers to
the coordinated development of several major uses
as part of a single project, such as specialty
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retail/commercial, variable density residential,
offices, motels, industrial, service, commercial,
and public and semi-public uses. Certain areas
have been designated for mixed-planned uses. The
development of mixed and planned compatible land
uses should be carefully guided through specific
project plans, in accordance with the mixed-use
policies contained in the Land Use chapter of the
Plan.
Economic Development Goal Statement
Policies, Page 18
1.1 The City of Meridian shall make every effort
to create a positive atmosphere which
encourages industrial and commercial
enterprises to locate in Meridian.
1.2 It is the policy of the City of Meridian to
set aside areas where commercial and
industrial interests and activities are to
dominate.
1.3 The character, site improvements and type of
new commercial or industrial developments
should be harmonized with the natural
environment and respect the unique needs and
features of each area.
1.5 Strip industrial and commercial uses are not in
compliance with the Comprehensive Plan.
1.6 It is the policy of the City of Meridian to
support shopping facilities which are
effectively integrated into new or existing
residential areas, and plan for new shopping
centers as growth and development warrant.
(Emphasis added.)
2. Under LAND USE
EXISTING CONDITIONS, Page 21
Commercial and retail areas are established along
major arterials, and include small commercial
center and individual businesses. Uses include
retail, wholesale, service, office, and limited
manufacturing.
Area of Impact, Page 22
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Comprehensive Plan MaE
The proposed future land use delineations for the
impact area are shown on the Comprehensive Plan Map
- Generalized Land Uses, The land use element
is based upon these objectives:
4. Planned mixed uses along I-84, Franklin Road,
U.P. Railroad, and Fairview Avenue corridors.
(Emphasis added.)
COMMERCIAL ACTIVITY CENTERS, Page 25
In all cases, the locations of Commercial Activity
Centers should be guided by performance and
developments standards. These standards consider,
among other aspects:
1. Traffic Volume and Type
2. Trip Generation
3. Impacts on Arterial Street System
4. Proximity to Other Commercial Development
5. Impacts on Neighborhood Residential Areas
6. Accessibility. of Site
7. Parking Demands
8. Pedestrian Circulation
9. Available Utility Systems
10. Aesthetics (Design Considerations)
11. Use Impacts Upon Other Adjacent Uses
12. Internal Circulation Design
13. Drainage
COMMERCIAL POLICIES, Page 26
4.6U Community shopping centers will be
encouraged to locate at arterial intersections
and near high-traffic intensity areas.
(Emphasis added.)
MIXED-PLANNED USE DEVELOPMENT, Page 28
Mixed-Use Area at~Locust Grove Road and Fairview
Avenue plus areas North of Fairview Avenue
5.16U A variety of coordinated, planned and
compatible land uses are desirable for this
area, including low-to-high density
residential, office, light industrial and
commercial land uses.
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5.18U Existing residential properties will be
protected from incompatible land-use
development in this area. Screening and
buffers will be incorporated into all
development requests in this area.
Rural Areas, page 29
Land covered by this policy section has
characteristics which generally allow for
agricultural and rural residential activity due to
the existence of irrigation systems, soil
characteristics and relative freedom from
conflicting urban land uses. Where community
growth creates pressure for new development, it
must be recognized that agricultural land can no
longer economically continue to be identified or
used as agricultural land to the exclusion of
orderly city growth and development."
3. Under TRANSPORTATION, Page 43
Existing Conditions
a. Cherry Lane/Fairview, East of Meridian
Road, is listed as a principal arterial
b. Locust Grove, Franklin to Ustick is
listed as a Minor arterial.
4. Under COMMUNITY DESIGN, at Page 71
Community Identification Goal Statement
Create visual quality and functional identity
for the City of Meridian and its surrounding
environment.
Policies
1.1 All commercial and industrial
developments should be reviewed by the City
for adequate site planning.
1.3 Open space areas within all development
should be encouraged.
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1.4 Major entrances to the City should be
enhanced and emphasized. Unattractive land
uses along these entrances should be screened
from view.
Special Community Design Areas Goal Statement
2.1U Require businesses and government to
install and maintain landscaping.
2.2U Encourage area beautification through
uniform sign design that enhances the
community.
2.3U Encourage the beautification of streets,
parking lots, public lands, and state highways.
2.5U Encourage the use of attractive open
space, landscaping, lighting, and street
furniture for the benefit of the public.
Entryway Corridors
Entryway corridors are arterial roadways
entering the community that introduce both visitors
and residents to Meridian. City-designated gateway
arterials include the following streets:
c. Fairview Avenue (East entrance)
Entryway corridors are a community's front
door. It is acknowledged that the corridor's trees
(or lack thereof), commercial signage, and site
character provide the first, and often times the
most lasting, impression of the entire community.
Therefore, the entire community and, most
specifically its governing bodies, have the right
and the responsibility to guide the development and
redevelopment that occurs along entryway corridors.
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Entrance Corridors Goal Statement
Promote, encourage, develop and maintain
aesthetically-pleasing entrances to the City of
Meridian.
Policies
4.2U Support ACRD corridor development standards
for the entryways to the City.
4.3U Use the Comprehensive Plan, subdivision
regulations, and zoning to discourage strip
development and encourage clustered, landscaped
business or residential development on entrance
corridors.
4.4U Encourage landscaped setbacks for new
development on entrance corridors. The City shall
require, as a condition of development approval,
landscaping along all entrance corridors.
Ouality of Environment Goal Statement
Policies
5.2U Ensure that all new development enhances
rather than detracts from the visual quality of its
surroundings, especially in areas of prominent
visibility.
Neighborhood Identify Goal Policies,
6.1U All Meridian neighborhoods will be served with
sidewalks, curb and gutters, and functional streets.
6.4U Limit the conversion of predominantly
residential neighborhoods to nonresidential uses,
and require effective buffers and mitigation
measures through conditional use permits when
appropriate nonresidential uses are proposed.
47. The property is included within an area designated on the
Generalized Land Use Map in the Meridian Comprehensive Plan as a
Mixed/Planned Use Development area and a commercial designation is
just to the west of the parcel.
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48. The requested zoning of General Retail and Service
Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B.
11. as follows:
"~(C-G) General Retail and Service Commercial: The purpose of
the ( C-G ) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial development and
encourage clustering of commercial development.";
49. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial, lists commercial uses allowed in the various zoning
districts of the City; that Automobile Repair Shops and Retail
Stores are both listed as conditional uses in the General Retail
and Service Commercial (C-G) district.
50. That Planned Development is defined in 11-2-403 B, at
page 20 of the Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single entity for a
number of uses in combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the. proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 36
ECONO LUP.=E N'TUNE, INC. - ANNEXATION AND ZONING
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•
classification applies to essential public services, public or
private recreation facilities, institutional uses, community
facilities or a PD which includes a mix of residential,
commercial or industrial uses."
and a Planned Commercial Development is defined as follows:
"Any development in which the principal use of land is for
commercial purposes."
51. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development on the ability of political
subdivisions of the state, including school districts, to
deliver services without compromising quality of service
delivery to current residents or imposing substantial
additional costs upon current residents to accommodate the
subdivision.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
park's and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 37
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
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•
•
school services to current and future students; that the industrial
and commercial developments do provide taxes for providing fire,
police, emergency health care, water, sewer, parks and recreational
services for people that are here, and which will come here.
52. That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the City may impose either a
development fee or a transfer fee on residential property, which,
if possible, would be retroactive and apply to all lots in the
City, because of the imperilment to the health, welfare, and safety
of the citizens of the City of Meridian.
53. That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street right
of way or utility easement."
54. That Section 11-9-605 L states, in part, as follows:
All irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing, or lying adjacent
and contiguous, or which canals, ditches or laterals touch
either or both sides of the area being subdivided, shall be
covered and enclosed with tiling or other covering equivalent
in ability to detour access to said ditch, lateral or canal.
55. That 11-9-607 A, of the Subdivision Ordinance, states in
part as follows:
"The City's policy is to encourage developers of land
development and construction projects to utilize the
provisions of this Section to achieve the following:
1. A development pattern in accord with the goals,
objectives and policies of the Comprehensive Plan;
REVISED FINDINGS 'OF FACT AND CONCLUSIONS OF LAW - Page 38
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
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•
•
5. A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses."
56. That 11-9-607 E, of the Subdivision Ordinance, states in
part as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
the Section. A PD shall be governed by the regulations of the
district or districts in which said PD is located. The
approval of the Final Development Plan for a PD may provide
for such exceptions from the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this Section."
57. That 11-9-607 F, of the Subdivision Ordinance, states in
part as follows:
1. Planned Developments - Planned developments shall be
subject to requirements set forth in the Zoning Ordinance
and also subject to all provisions within this Ordinance.
8. Financial Guarantees - The developer shall post financial
guarantees for all approved on-site improvements if
required pursuant to 9-606 C."
58. The Applicant submitted an Application and materials and
documentation for a conditional use permit to construct and operate
an Econo Lube N'Tune facility on the property; that such
Application, materials and documentation on the conditional use are
incorporated herein by this reference as if set forth in full; that
the Applicant submitted materials on the conditional use request
and did reference how the Econo Lube N'Tune facility would be
operated; there were comments from the public which pertained to
the annexation and zoning and to the conditional use permit, and
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 39
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
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Revised 10/23/97
•
such are incorporated herein as if set forth in full for purposes
of the application for the conditional use permit.
59. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS OF LAW
1. That all the procedural requirements of the Local Planning
Act and of the Ordinances of the City of Meridian have been met;
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicant's property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 40
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
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•
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant with the consent of the property owners, and is not upon
the initiation of the City of Meridian.
8. That since .the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
~f ditches and waterways.
10. That the Applicant's. proposed use of the property is in
compliance with the Comprehensive Plan, and therefore the
annexation and zoning Application is in conformance with the
Comprehensive Plan.
11. The Applicant has stated and represented that its
intention is to construct and operate an Econo Lube N'Tune auto
service facility; that there will also be a Schuck's automotive
parts retail store on the adjacent lot; that the area is designated
in the Comprehensive Plan as a Mixed/Planned Use Development area
which requires planned use development; the Applicant has requested
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 41
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
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i •
zoning of General Retail and Service Commercial (C-G), which does
allow for a commercial planned development..
12. That it is concluded that since the Applicant has
suggested that it would develop the property as a -planned
commercial development and since the Comprehensive Plan, under LAND
USE, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in
5.16U, states that all development requests will be subject to
development review and conditional use permit processing, and the
City should have control over any uses that are to be placed on the
land, it is therefore concluded that the development should be
conditioned on being developed as a Commercial Planned Development,
which is allowed in the General Retail and Service Commercial (C-G)
district.
13. That, as a condition of annexation and the zoning of C-G,
the Applicant shall be required to enter into a development
agreement as authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address, among other things, the
following:
a. Inclusion into the development, including but not limited
to, the requirements of 11-9-605
1. C, Pedestrian Walkways.
2. G 1, Planting Strips.
3. H, Public Sites and Open Spaces.
4. IC, Lineal Open Space Corridors.
5. L, Pedestrian and Bike Path Ways.
6. M, Piping of Ditches
and 11-9-606
7. Bicycle Pathways.
8. Storm drainage.
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 42
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
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9. Sidewalks and Pedestrian Walkways.
10. Greenbelt.
11. Pressurized Irrigation.
b. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fees, adopted by the
City, as agreed to by the Applicant in statements by its
representative during the public hearing.
c. Addressing access linkage, screening, and buffering.
d. An impact fee, or fees, for park, police, and fire
services as determined by the city.
e. Appropriate berming and landscaping.
f. Submission and approval of any required plats.
g. Submission and approval of individual buildings,
drainage, lighting, parking, and other development plans
under the Planned Development guidelines.
h. Harmonizing and integrating the site improvements with
the existing residential development.
i. Establishing a 35 foot landscaped setback as suggested
under the Comprehensive Plan and landscaping the same.
j. Addressing the comments of the Planning Director.
k. The sewer and water requirements.
1. Agreeing that the Meridian Comprehensive Plan is
applicable to the land and any development.
m. Traffic plans and access into and out of the development.
n. Meeting the representations made as part of the
application and hearing process.
o. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
14. That Section 11-2-417 D of the Meridian Zoning Ordinance
states that a development agreement should be recorded in the
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 43
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
AND CONDITIONAL USE PERMIT
Revised 10/23/97
office of the Ada County Recorder and take effect upon the adoption
of the ordinance annexing and zoning the property, or prior if
agreed to by the owner of the parcel. That it has been the
experience of the City that development agreements are difficult to
enter into prior to the annexation ordinance being passed; that it
is concluded that the development agreement shall be entered into
prior to the final plat being approved and prior to issuance of any
building permits.
15. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian and
should be enacted.
16. That regarding the conditional use permit request for the
Applicant, Econo Lube N'Tune, it is concluded as follows in
paragraphs 17 through 31.
17. The City of Meridian has authority to grant conditional
uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2-
418 of the Zoning And Development Ordinance of the City of
Meridian.
18. The City of Meridian has authority to place conditions on
a conditional use permit and the use of the property pursuant to
Idaho Code Section 67-6512 and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities may be attached to the
permit; that 11-2-418 (D) authorizes the City to prescribe a set
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 44
ECONO TUBE N'TUNE, INC. - ANNEXATION AND ZONING
AND CONDITIONAL USE PERMIT
Revised 10/23/97
time period for which a conditional use may be in existence.
19. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations
of such conditions, bonds or safeguards, when made a part
of the terms under which the Conditional Use is granted,
shall be deemed a violation of the Ordinance and grounds
to revoke the Conditional Use. The Commission and
Council may prescribe a set time period for which a
Conditional Use may be in existence.
20. This Application for a conditional use has been judged
upon the basis of guidelines contained in Section 11-2-418 of the
Zoning And Development Ordinance of the City of Meridian and upon
the basis of the Local Planning Act of 1975, Title 67 Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and the
record submitted to it and the things of which it may take judicial
notice.
21. Section 11-2-418 C of the Zoning And Development
Ordinance 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. Upon a review of
those requirements and a review of the facts presented and the
conditions of the area, assuming that the above conditions or
similar ones thereto would be attached to the conditional use, the
Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance;
b. The use would be harmonious with and in accordance
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 45
ECONO LOBE N'TUNE, INC. - ANNEXATION AND ZONING
AND CONDITIONAL USE PERMIT
Revised 10/23/97
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use;
c. The use is designed and is to be constructed to be
harmonious in appearance with the character of the
general vicinity; that if the conditions set forth herein
are complied with the use should be operated and
maintained to be harmonious with the intended character
of the general vicinity and should not change the
essential character of the area;
d. The use would not be hazardous nor should it be
disturbing to existing or future neighboring uses if the
conditions are met;
e. The property has sewer and water service already
connected, but Applicant may have to pay additional fees
for the use;
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. If the conditions are met, the use should not
involve a use, activity, process, material, equipment or
conditions of operation that would be detrimental to
person, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes,
glare or odors;
h. The use will have vehicular approaches to the
property which shall be so designed as not to create
an interference with traffic on surrounding public
streets; and
i. The use will not result in the destruction, loss or
damage of a natural or scenic feature of major
importance.
22. As conditions may be placed upon the granting of a
conditional use permit to minimize adverse impact on other
development, it is recommended by the Planning and Zoning
Commission that the conditions ( listed in paragraph 22 of the Facts
section above) of granting the conditional use be required, which
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 46
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
AND CONDITIONAL USE PERMI~~
Revised 10/23/97
conditions are incorporated herein by reference.
23. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
24. As a further condition of the conditional use permit, a
development agreement should be entered into regarding the
development of the retail uses and such is hereby made a condition
of the granting of the conditional use permit. It is recommended
that if the Applicant meets the conditions stated above that the
conditional use permit be granted to the Applicant.
25. That the requirements of the Meridian City Engineer's
office, Meridian Fire Department, Central District 9ealth
Department, and the Nampa & Meridian Irrigation District, shall be
met and addressed in a development agreement.
26. That Applicant and the City should address the
requirements and policies listed on Page 28 of the Meridian
Comprehensive Plan for the mixed-planned use development and all
proposed uses shall obtain conditional use permits.
27. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall
be subject to de-annexation.
28. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance and the development agreement.
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 47
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
AND CONDITIGNAL USE PERMIT
Revised 10/23/97
29. That these conditions shall run with the land and bind
the applicant, owner, and their assigns.
30. With compliance of the conditions contained herein, the
annexation and zoning of General Retail and Service Commercial (C-
G), and the issuance of a conditional use permit would be in the
best interest of the City of Meridian.
31. That if these conditions of approval are not met, the
property shall either not be annexed and the conditional use permit
shall not be granted or the property shall be de-annexed and the
conditional use permit revoked.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER MACCOY
COMMISSIONER SMITH
COMMISSIONER NELSON
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED ~-
VOTED
VOTED f
VOTED ~^ J ~,~ ~ 7
// ~o'
VOTED ~~
r~
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 48
ECONO LOBE N'TUNE, INC. - ANNEXATION AND ZONING
AND CONDITIONAL USE PERMIT
Revised 10/23/97
DECISION AND RECOMMENDATION
The Planning and Zoning Commission of the City of Meridian
hereby decides that the property set forth in the .application
should be approved for annexation, zoning and issuance of a
conditional use permit under the conditions set. forth in these
Findings of Fact and Conclusions of Law; that if the Applicant is
not agreeable with these Findings of Fact and Conclusions and is
not agreeable with entering into a development agreement, the
property should not be annexed. There shall be no development or
use, whatsoever, of the property set forth in the Application as
being used for anything other than a Planned Commercial Development
for retail, even if annexed and zoned General Retail and Service
Commercial (C-G), and such is approved by the City of Meridian
prior to commencement of construction.
MOTION:
APPROVED: DISAPPROVED:
,~,~~
,~
~u
REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 49
ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING
AND CONDITIONAL USE PERMIT
Revised 10/23/97
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY a
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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:_Seatember 2, 1997
TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9/97
REQUEST: Conditional Use Permit for an Econo Lube N' Tune automobile maintenance and
lisht reaair facility and Schuck's automobile carts store
BY: Econo Lube N' Tune Inc.
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove South Side of E Fairview
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
RON MANNING, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, 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 (P 8c FINAL PLAT)
BUREAU OF RECL LIM FINAL PLAT)
CITY FILES
OTHER: ~ --
YOURCONCISE RE S:
~U
AUG 2 6 197
t~'IY OF I~i~i~i
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
RENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Flre Chief
W.L. "BILL" CORDON, 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) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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: September 2, 1997
TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9/97
REQUEST: Conditional Use Permit for an Econo Lube N' Tune automobile maintenance and
light reaair facility and Schuck's automobile parts store
BY: Econo Lube N' Tune Inc.
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove, South Side of E. Fairview
JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)
RON MANNING, P/Z ADA COUNTY HIGHWAY DISTRICT
P GE
N R
~
DI T
KEITH BORUP, P
Z Iy,~~
E
NTRAL
'RICT HEALTH
BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT AUG
RONALD TOLSMA, C/C 2 2 1997
SETTLERS IRRIGATION DISTRICT
WA~I.T~ ORR WTREC , C/C P
FA AL PL~i+'.~OF MERID
ID ~3T0 (PR
RF
L
ELIM. Bc
TNAL
IAR'
GLENN BENTLEY, C/C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT)
WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT)
SEWER DEPARTMENT CITY FII.ES p
BUILDING DEPARTMENT OTHER: ~ ~' ~ " 7
FIRE DEPARTMENT YOUR CONCISE REMARKS:
POLICE DEPARTMENT
CITY ATTORNEY .S ~~ ~cp
CITY ENGINEER
CITY PLANNER .~ j
U-YhJ - f-I s Uy ~ (i ~6~a ~ e
.~w3 f~GLe~.
CENTRAL CE
•• DISTRICT
~11'HEALTH
DEPARTMENT
DISTRICT HEALTH DE
Environmental Health Division
At, s
C~ ~i
Rezone #
EIVi~n
burn to:
;~ 7 ' '~~7 ^ Boise
^ Eagle
~ER~~~A~ Garden City
`/ -~,N~ Meridian
Conditional Use # ~C~~D ~QL ~~`' / UU ^ Kuna
Preliminary /Final /Short Plat
^ ACZ
^ I . We have No 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 ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
~. 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
,jamcentral sewage ^ community sewage system ^ community water well
^ interim sewage ~- central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
,~ 10. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. 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 ® /~ ~ % 'f
I4. ~~~12/`yb~'~-rL ~~- ~5~i- •S~oy~GC 7zoaJ /~/r'~ fr'' Date: ~ /~~ /~
/a'~~ ~FO/~~ J>tSCl~ c T4- ~/ ~ Reviewed By:
Review Sheet
CDHD 10/91 rcb, rev. 7/91
September 4, ~ 997
City of Meridian
Planning and Zoning Commission
33 East Idaho St.
Meridian, ID 83462
Dear Commissioners:
Thom and Barbara Myall
6227 Marlborough Dr. ~?~CEtUE(~
Goleta, CA 93117-1 s37 S EP 0 5 1997
TBMyall @aol. com
805-683-1771 CITYOF +VIERIDIAN
FAX TRANSMITTAL IaaP.~- 3
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Phone M UUS eK.• I Z 7~I
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We request the following be read and added to the record of this public hearing.
Reference your notice of hearing for the Application of Patrick McKeegan Architects in behalf of
Econo Lube N'Tune Inc, for annexation and zoning of approximately 8.5 acres of land located
in the W 1 /2 of the NW 1 /4 of Section 8, T.3N., R.1 E., B.M. ,Ada County, Idaho, referred to as
Econo Lube Subdivision.
We are landowners of approximately 18 acres immediately adjacent to subject land on the
west side, known as 1470 N. Locust Grove Road, consisting of a private residence and
agricultural land.
Item 1 -Comprehensive Plan -City of Meridian - 1993
This proposal does not appear to in compliance with 1.5, 4.5U and 5.16U of the Meridian
Comprehensive Plan. A plan for the complete development of ail lands shown on the
Generalized Land Use Map for all developers, including us, would be most helpful. This
appears to also be the land commonly referred to as Idaho Foreign Trade Zone (FTZ) and
therefore we question whether R-2 zoning is compatible for the south 6 acres. There is no
development plan shown for those six acres. We have been told in the past by the city of
Meridian that you will not annex open land without a concrete development plan.
It appears that Meridian has or may soon have competing and conflicting uses in this area
without thoughtful and careful planning. Furthermore, what is your plan for Wilson Lane?
Do you plan for that street to continue east to lot 1 of Pleasant Valley Subdivision to the
Treasure Valley Business Park? Is every eastern property owner going to request Fairview
access as they now have? Is ACRD going to approve? It appears that you have and are
approving classic strip development with all of its associated problems. We have
maintained in previous testimony that you have or will have piecemeal development all
along the south side of Fairview, which is identified as an eastern entryway to the city.
Item 2 -Irrigation Delivery System -Settlers Irrigation District.
The irrigation water delivery system crosses the southern 6 acres of subject land
requested to be Zoned R-2. This irrigation water delivery system must be protected for
those of us that still need and use the water. We see no plan for piping of this water in the
EconoLube subdivision.
SEP 05 '97 08 21 8056812797 PAGE.01
Item 3 - Irri ation Waste W~r System • .
9
The irrigation waste water system crosses 8.5 acres in numerous places, carrying waste
irrigation water from 52 acres east of this land. This amount of waste irrigation water needs
to be taken in account in the plans and drawings. Please refer to the attached drawing of
the historic waste water system.
This was and still is, a concern of ours due to the previous construction of DB~B Supply
where this was not taken into account until the construction of Wilson Lane was almost
completed.
Item 4 -Wilson Lane road runoff water
Currently all road runoff from Wilson Lane runs above ground and within 25 feet of our
domestic well. The additional road water runoff, which, in the furure, could be carrying
additional hazardous waste from the proposed auto repair shop will compound our
concerns for safe drinking water from our well.
We request a written reply to this testimony.
Sincerely,
//
Barbara C. Myall Thom Mya
cc: Dan Steenson, Ringert 8~ Clark, Chartered Lawyers
ACRD, Larry Sale
Patrick McKeegan Architects
SEP 05 '9? 08 21 805681279? PAGE.02
tion System -Pleasant Valley Subdivi~
~ots 1 - 20 As of 1959
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r„~„ Irrigation Waste Water Pickup
O Irrigation Delivery valve
SEP 05 '9? 08 22 8056812?97 PAGE.03
Volve to North side
of Fairview
Fairview (Old Highway 30 1
• /j s
' ~• C~ ~• ~i>e~tiar~d, ty'~ 5505 W. Franklin Road • Boise, Idaho 83705-1055
To: William G. Berg, Jr.
City Clerk R~CEIVE[~
City of Meridian
Facsimile: 887-48,3 SEP 0 5 1997
Bruce Freckleton CITY OF IVIERIDIAN
Assistant to the City Engineer
City of Meridian
Voice: 887-2211
Facsimile: 887-1297
From: Joe Canning, PE/LS,J~a
Voice: 343-3381
Facsimile: 342-5792
Date: September 5, 1987
Total Number of Pages: 2
Subject: Econo Lube / Schuck's Development Application
As requested in the memorandum dated 4 September 1997, authored by Bruce Freckleton, I am providing
the following written comments to the items within the memorandum:
Annexat/on & Zon/ng.•
1. No Comment
2. After reviewing the Meridian Subdivision Ordinance, I would have no objection to deleting
the land south of Wilson Lane from the annexation request.
3. No Objection
Pre/iminary Plat & Conditions/ Use:
1. No Objection
2. No Objection
3. No Objection
4. No Objection, however the second sentence is repeated in item 5.
5. No Objection
6. No Objection
7. No Objection
8. Response is hereby provided.
Site Speclflc Comments.•
1. No Comment
• •
2. No Objection
3. No Objection
4. The well's capacity is unknown at this time. It has served as the drinking water source for
the home that is present on the project site. Further study regarding the well capacity is
planned during the design of the landscaping during the project construction plan
development phase of the project.
5. No Objection
6. No Objection
7. The centerline and right-of--way may be added to the preliminary plat. When does this
need to be provided to the city?
8. This comment applies to the site plan prepared by Pat McKeegan. I will not comment for
Mr. McKeegan.
9. This revision of access location to Fairview would also be planned to be added to the
preliminary plat.
10. I had not noticed in the submittal data provided by the city the requirement that the
preliminary plat carry a land surveyor's seal. I understood the boundary description was
required to be sealed.
11. The preliminary plat will be revised.
12. No Objection
13. No Objection
14. No Objection
15. This comment applies to the site plan prepared by Pat McKeegan. I will not comment for
Mr. McKeegan.
16. No Objection
17. No Objection
18. This comment applies to site characteristics to be planned by Pat McKeegan. I will not
comment for Mr. McKeegan.
19. No Objection
•
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MERIDIAN PLANNING & ZONING COMMISSION MEETING: October 14.1997
APPLICANT: ECONO LOBE N'TUNE INC AGENDA ITEM NUMBER: 3.4 8~ 5
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ECONO LOBE N?UNE (ANNEXATION
ZONING. PRELIMINARY PLAT. CUPI
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
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OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zoi~j Commission
September 9, 1997
Page 31
Fitzgerald: Not really, that is what in terms of the public hearing on the preliminary plat
you can bring that up and discuss that and when you move it on when you do finally act
you can add that to your motion to the city Council as part of your recommendation.
Smith: From the standpoint of the property subdivision the items that you have asked us
to take a look at will not be affected by that, will not affect the property subdivision as we
have it shown. Schucks and Econo Lube are going to be essentially splitting that lots 1
and 2 into equal portions. Econo Lube will have the easterly half to work with and
Schucks will have the westerly half to work with and the common access drive is going
to be on that line. So that will be working with those pieces on their individual lots.
Johnson: In the absence of any additional public testimony at this point I don't see
where that is a big issue. If that were to be changed if they did a redesign we could
incorporate that into the comments and move it onto City Council level.
Borup: Excuse me Mr. Chairman, I think probably Commissioner Smith's comments
apply to item 14.
Johnson: Which is the conditional use permit itself which we will take up next.
Smith: I guess we are just approving the property (inaudible)
Johnson: Is there anyone else representing the applicant that would like to also have
their testimony incorporated? This is a public hearing also, anyone else that would like
to comment on the preliminary plat? Any other questions or discussion? Seeing no one
then I will close this public hearing.
Smith: Mr. Chairman I would like to make a motion that we table this item pending
approval of annexation and zoning to October 14, next Planning and Zoning
Commission meeting.
MacCoy: Second
Johnson: A motion and a second to table item #13 until October 14"', our next regularly
scheduled meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND
LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY
ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E.
FAI RVI EW:
Meridian Planning & Z~g Commission
September 9, 1997
Page 32
Johnson: I will now open this public hearing and ask that the applicant come forward
and be sworn again.
Patrick McKeegan, 218 S. Cole, Boise, was sworn by the City Attomey.
McKeegan: I would request that the testimony presented in item #12 be incorporated
into this hearing.
Johnson: Anything further?
McKeegan: Not at this time.
Johnson: Thank you, any other comments from the applicant's representative? Anyone
else from the public that would like to address the Commission? Any staff comments?
Any comments from Commissioners?
Borup: I have one Mr. Chairman, I have got I think the same concerns as Commissioner
Smith. Now we are down to approving the construction of the building and we have got
some computer renderings that look real nice. But I think maybe for our comfort level
we would like to see some type of plans.
Smith: We only have the elevations on the Schucks we don't have them on the Econo
Lube.
Borup: Again for the applicant's, my understanding this would not delay the application if
we can have that by our next meeting.
Johnson: Do you concur with that Mr. Fitzgerald?
Fitzgerald: Commissioner Borup are you saying that they submit that information so
that it be forwarded onto the City Council as part of the consideration by that body?
Borup: We well we are not going to be (inaudible) until next meeting are we?
Fitzgerald I assume that you will request that the City Attorney prepare findings of fact
and conclusions of law which the next meeting you would be approving those findings of
fact and conclusions of law. Certainly we can put in there a request that if they are
agreeable to submit that information we would pass that onto the City Council.
Johnson: Just make that part of the motion.
Smith: I don't want to lose site of trying to work some of these issues out on the site
plan either.
Meridian Planning & Zc~g Commission
September 9, 1997
Page 33
Borup: The subdivision didn't address the site plan it is just strictly dividing the lot, it is
just boundaries.
Smith: I mean as far as the building siting and the location of parking and building
orientation and all of that. I would like to see the whole package, the building design.
We have the Schucks but what you were asking for in addition to that the Econo Lube
N'Tune (inaudible) site plan. So I don't, how do we do this?
Johnson: Well we somewhere along the line here are gong to have a motion, you may
win or you may lose.
Smith: 1 will take my chances, so I need to, what I want to do when I make the motion is
I don't want to delay the process. I want to keep it moving forward but I also want to
allow us the opportunity to review the proposed design as it addresses the issues that
we brought up tonight.
McKeegan: Can I interject, I have the exterior elevations on the Econo Lube project
that we can bring those in. As far as addressing the site issues would it be appropriate
to work with Planning and Zoning Administrator on those between now and the next
meeting and then submit those as part of your next packet so that you will have a
chance to review them. And if you (inaudible) I think that we know the direction you
want to go it is just a matter of being able to efficiently design the parking is what I am
concerned about is being able to efficiently get enough parking on site to meet the
requirements.
Smith: Are you pretty tight on parking right now?
McKeegan: I was discussing that with Ms. Stiles during some of the other testimony
that there is a discussion here about a requirement for 54 parking spaces. But that was
based on the whole building being occupied by retail space. And actually about half the
building is storage space which is one space per 1000 so using that we are actually
overpacked. But Schuck's has a target they like to provide around 40 spaces that is
what they generally need for over flow.
Smith: Can we make a motion to have findings of fact drawn up with and still have the
opportunity to review these issues at the next meeting?
Johnson: That information would have to come forward and it would have to
incorporated into the findings of fact and conclusions of law that are prepared. There will
be no other meeting, we can't be in violation of the open meeting law. So whatever
comes into has to be incorporated into that to do that. Whether you can legally do that
or not without another hearing I don't know.
Meridian Planning & Z~g Commission
September 9, 1997
Page 34
Fitzgerald: I guess 1 am a little confused here, I am getting a little apples and oranges,
you want to keep the process moving forward. The next step would be for the
preparation of findings of fact you approve that and it goes onto City Council.
Smith: I want to keep the process moving forward if it is possible. If not can we have
continue the public hearing and have preliminary findings of fact drawn.
Johnson: If that is a motion you can do that.
Borup: I have a comment if they are going to be (inaudible) I think tying into D & B I
think everyone is in agreement on that, that is worthwhile. Probably the problem is if
you need 50 feet of stacking for Econo Lube that is probably going to be the biggest
challenge is that. But there still is something that can be done there.
McKeegan: We just have to shuffle the parking lot. Also what we would like to do is
maintain some type of cross access to the property to the east when it develops. We
don't want to close off possibility which then it becomes a question of if you want to
have that row of parking along Fairview Avenue so the driveways align or if you
eliminate the parking in front of Schucks and pull the driveway down farther which is
going to affect the parking on the person to the east.
Smith; Does the cross access have to happen at the front row of parking. Can it happen
back in one of the farther back rows?
McKeegan: If you require a cross access agreement in the center of that property then it
may be in the middle, if that becomes commercial property somebody may want to build
a building there. You may not get it because it may be going into the middle of their
building.
Johnson: I think we are getting a little too detailed. I don't think we are going to be able
to work all this site plan out this evening. We need to do something to satisfy you so that
you get some additional input. If that doesn't happen then you don't have any alternative
to delay the project. I don't see where you can do it any other way unless you want to
attend a meeting with the applicant and Ms. Stiles tha± could certainly be part of your
motion as well. But otherwise we leave the public hearing open and we start a new one
on October 14th with that particular (inaudible).
Borup: I like idea of leaving it opening and preparing preliminary findings.
MacCoy: I want to take a review of this material.
Johnson: If want to leave it open then I won't close the public hearing. Any other
comments from anyone? If not then I will entertain ~ motion.
Glen Buday, 529 N. Oxford Lane, Chandler, AZ, was swum by the City Attorney.
Meridian Planning & Z~g Commission
September 9, 1997
Page 35
Buday: The reason I am up here, I am confused. 1 really don't know whether you are
tabling it whether you are approving one of the three items or whether we are approving
two of them.
Johnson: We haven't done anything yet.
Buday: That is kind of where I am at. We can do this one of two ways. I guess we can
table this and come back with something that might look a little different in teens of the
site plan. Or we can go ahead and take a look at each one of these conditions and
approve them and then I can come back on a staff level and go through them and go
through it that way. I am just very unclear I just need to be able to determine what we
are doing here.
Johnson: We are kind of unclear because we are not sure what Mr. Smith wants.
Which is fine without a delay I don't know how we can accomplish what (inaudible)
Buday: Then we would be delaying all three items then the way I see it.
Johnson: In essence you would be.
Buday: And if we are we are and if are not we are not.
Smith: What I would like to see you do is take another look at the site plan and while
you are doing that put together your building elevations so that we can review all of that
together at the next meeting which would not be tabling this item we would be
continuing it. We will also ask the City Attorney to prepare preliminary findings of fact
and conclusions of law and therefore we can act on those it is possible we can act on
those the same time we review the design at the next meeting so we can take care of all
of that at once.
Johnson: It is possible
Smith: So we don't have to go into November.
Johnson: Well you don't have to ask for their approval if that is what you want to do.
Buday: You were asking for building elevations, we have submitted some building
elevations, Schucks has 1 think you have that packet.
Smith: I haven't seen it.
Johnson: It maybe be at staff level and! hasn't found its way to us.
' Meridian Planning & ~g Commission •
September 9, 1997
Page 36
Buday: We submitted that with the application, we had site plans, elevations, floor
plans, building, aN of that stuff was available. I would have remembered and I would
have complimented you on providing that information.
Smith: Irregardless of whether the elevations were submitted that is just something we
need to work out with staff. Irregardless I would still request that you re-work the site
plan.
Buday: If there are any other questions it is unfortunate that you hadn't received those
elevations and site plan but that was all part of the package that was supposed to have
been submitted. We brought along this color elevation it is just for viewing.
Smith: Nonetheless (inaudible) we continue this to allow us to review take another crack
at working out some of these things on the site.
Buday: Thank you
Smith: Mr. Chairman, I would like to make a motion to continue this public hearing to
October 14~h and ask that the applicant redesign the site plan addressing the comments
and concerns that were addressed this evening and present building elevations to the
Commission and that the City Attorney prepare preliminary findings of fact and
conclusions of law on this agenda item.
MacCoy: Second
Johnson: Discussion? I have a question, you made it sound as if they have to redesign
it, was that your intent or just to look at redesign? The way your motion it doesn't leave
any leeway there is no flexibility there.
Smith: I will revise that one little bit to look at and work with staff on redesigning the site
plan.
MacCoy: Second
Johnson: We have a motion and a second, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
A BEER, WINE, AND LIQUOR SPORTS BAR BY WILLIAM & LYNN MARTELL -
CORNER OF FRANKLIN AND CINDER ROADS:
Johnson: At this time I will open the public hearing and I would like to give some
instructions or at least hopefully they will be instructions. N.`e have a large group tonight
obviously you are alt interested in this and a lot of you will want to testify. If you follow
MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 9.1997
APPLICANT: ECONO LOBE N'TUNE INC. AGENDA ITEM NUMBER: 14
REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AUTO MANVTENANCE
AND REPAIR AND SCHUCK'S AUTO PARTS STORE
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:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public mectings shall become property of the City of Meridian.