Cavanaugh, Bette CUP
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BETTIE A. CAVANAUGH
CONDITIONAL USE PERMIT
LOTS 16 AND 17 IN BLOCK 2 OF BOWERS ADDITION TO MERIDIAN,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE
62, RECORDS OF ADA COUNTY, IDAHO.
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
June 9, 1992, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for June 9, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the June 9, 1992, hearing;
that the public was given full opportunity to express comments and
AMBROSE, submit evidence; that copies of all notices were available to
PIT2GERALO
d CROOKSTON newspaper, radio and television stations;
Attomsye aeE
coveselM 2. That this property is located within the City of
POBOk~'
McMEIan, ICAno
ax+z Meridian and is owned by the Applicant, Bettie A. Cavanaugh
and
,
TaleDeons BBBd~81
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
AMBROSE,
FITZG ERALD
b CROONSTON
Attorneys en0
Counselors
P.O. Box l27
Merl0len, Mello
87G2
Telepllons bBBMb1
is described in the application which description is incorporated
herein; that the property is located in OLD TOWN and is at the
northeast corner of East Ada Street and Meridian Road.
3. That the property is zoned C-N Neighborhood Business
District, which does not allow a conditional use permit for the
operation of a used car and truck dealership consisting of early
and late model vehicles which the application requests and which
is the proposed use.
4. That the C-N Neighborhood Business District is described
in the Zoning Ordinance, 11-2-408 B. 6 as follows:
(C-N) NEIGHBORHOOD BUSINESS DISTRICT: The purpose of the (C-
N istric~ to permit t e~aT~lishment of small scale
convenience business uses which are intended to meet the
daily needs of the residents of an immediate neighborhood (as
defined by the policies of the Meridian Comprehensive Plan);
to encourage clustering and strategic siting of such
businesses to provide service to the neighborhood and avoid
intrusion of such uses into the adjoining residential
districts. All such districts shall give direct access to
transportation arterials or collectors, be connected to the
Municipal Water and Sewer systems of the City of Meridian,
and shall not constitute all or any part of a strip
development concept.
5. That the use proposed by Applicant is not an allowed
conditional use in the C-N district under 11-2-409 B.; 11-2-407
D. does indicate that when a use is not specifically listed as a
permitted use in a district it may be allowed as a conditional
use.
6. That some property in the area is used commercially.
7. That proper notice has been given as required by law and all
procedures before the Planning and Zoning Commission have been
given and followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
ii •
8. That sewer and water is available to the property.
9, That no people appeared objecting to the use and one
person, a neighbor, testified in favor of the application.
CONCLUSIONS
AMBROSE,
FITZGERALO
6 CROOKSTON
Attorneys ena
Counaslonr
v.o. ao. ~zT
Merlolan, Ioa00
838/2
TBIapsOM 888J,M1
1. That all the procedural requirements of the local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property;
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of
the Revised and Compiled Ordinances of the City of Meridian,
Idaho;
4. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
FINDINGS OF FACT AND CONCLUSIONS OF lAW -- PAGE 3
•
concludes as follows:
a. Due to the zoning the use, would not
constitute an allowed conditional use.
b. The use would be harmonious with and in
accordance with the Comprehensive Plan but
the Zoning Ordinance does not allow a
conditional use permit in the Neighborhood
Business District.
c. The use apparently would be designed and
constructed, to be harmonious in appearance
with the intended character of the general
vicinity.
d. That the use would not be hazardous, to
traffic, and the use apparently would not be
disturbing to existing or future neighboring
uses.
e. The property has sewer and water service
available.
f. The use should not create excessive
additional requirements at public cost for
public facilities and services, and the use
would not be detrimental to the economic
welfare of the community.
g. The use should not involve a use,
activity, process, material, equipment or
conditions of operation that would be
detrimental to person, property or the
general welfare by reason of excessive
production of traffic.
h. That sufficient parking for the property
and the proposed use will be required.
i. The development and uses will not result
in the destruction, loss or damage of a
natural or scenic feature of major
importance.
5. That any comments from the City Engineer and the Ada
AMBROSE,
FITZOERAID
6 CROOKSTON
ANOmsye ano
Counseloro
P.O. Box e27
Merl0len, loeoo
B3l1Y
TelpMns BBB.ex61
County Highway District, Nampa & Meridian Irrigation District and
other governmental agencies may be submitted and would have to be
complied with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
6. That it is concluded that this Application can not be
approved since the Zoning Ordinance, specifically 11-2-409 B.,
Commercial, states that automobile sales lots are only allowed as
a conditional use in the RSC, C-G and I Districts.
7e When the Applicant filed the Application it was believed
that the property was zoned as OLD TOWN; that was incorrect. Even
if the property was zoned as OLD TOWN an auto sales lot is not an
allowed conditional use in OLD TOWN.
8. That it is concluded that in order for the Applicant to
be able to conduct an auto sales not on the property the property
would have to be re-zoned to RSC, General Retail and Service
Commercial, or Light Industrial.
9. It is concluded that if Applicant desires to submit a
AMSROSE,
FITZGERALD
B CROOKSTON
Attomaye end
Counsslon
P.O. BoM t~7
MMEIen, IENo
88&2
Telephone BBbee81
re-zone application all fees paid for the conditional use
application should be credited to the re-zone application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
AM BROSE,
FITZGERALD
6 CROO KSTON
Attorneys entl
Couneelon
P.O. Box l27
Merltllsn,ItlNo
89N2
Taleplrona BBfN~61
to the City Council of the City of Meridian that they deny the
Conditional Use Permit requested by the Applicant for the property
described in the application due to the fact the zoning district
in which it is located specifically does not allow an automobile
sales lot as a conditional use.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6
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General Contractors
Asbestos Abatement
May 8, 1992
ROUNDTREE CHEVROLET
2800 Fairview Avenue
Boise, IDaho
•
~~.
Attn: Mr. Craig Krueger
RE: Asbestos Assessment for the single story building, located on
the above property, facing Main Street, within Boise, Idaho
and formerly housed the used vehicle department.
Based on the age and type of matreials observed, it appears this
building is free of asbestos containing materials per present
regulations under NESHAP and AHERA.
An Asbestos Assessment was conducted on the above property. The
purpose of the assessment, was to evaluate the potential for asbestos
containing building materials. The evaluation was limited to visual
observations. On May 7, 1992 we visually observed the building for
evidence of potential asbestos containing materials. The examination
included exposed structural parts, coatings, finished surfaces, exposed
thermal and cooling insulation, and miscellaneous materials. The
following are the results of our observations:
Possible sources of asbestos containing materials (ACM) could be the
filler in the ceiling, floor covering in the rest room areas, and the
exterior stucco wall covering. Samples were taken by removing a
peice of the material and placing it in an appropriate sample container.
These samples will remain with our file for possible follow-up by
the owner of the building. Sample of the floor covering mastic could
not be done without damaging the floor covering.
The Asbestos Assessment for this site was performed in accordance with
generally accepted industry methods for the evaluation of suspect
asbestos containing materials. AA ENTERPRISES, INC. has exercised
care and experience in evaluating the limited data available and collect-
ed during the course of this assessment. Specifically, AA ENTERPRISES
does not and can not represent the building contains no asbestos
containing materials beyond those observed during this site assessment.
This report has been prepared in accordance with generally accepted
asbestos inspection practices. No warranty, expressed or implied
is made.
Prepared By; ~ ~`^~
FRED RICHARD URANGA, State ,6f Idaho No. 883
5518 Randolph • Boise, Idaho 83705 • (208) 362-4500 (208) 377-8518 FAX (208) 362-9130
A- •
A ~ ~~.
General Contractors
Asbestos Abatement
May 12, 1992
MERIDIAN AUTO SALES, INC.
813 East Fairview Ave.
Meridian, Idaho
Attn: Joe Boyd
RE: ASBESTOS BULK SAMPLE ANALYSIS RESULTS
Mobile sales office at ROUNDTREE CHEVROLET, Boise, Idaho.
The informal report was FAX to your attention on May 11, 1992.
Enclosing the formal report. This report (original) should remain
in the files of the property owner. In this case, that would be
your company.
I will forward a cc of this report to Greg Krueger, for his files.
Thank you,
!~lir~'
Fred R. Uranga
Coordinator & Compliance Manager
5518 Randolph • Boise, Idaho 83705 • (208) 362-4500 (208) 377-8518 FAX (208) 362-9130
_ ~
MATERIALS
',~ TESTING
J CORPORATION
ient: AA Enterprises
Project: Roundtree Chevrolet
F.O. Nu mber: None
.~
ASBESTOS BULK
SAMPLE ANALYSIS
RESULTS
MTC File Number: B92110-001
Date Received: May 11, 1992
Date Reported: Muy 12, 1992
P ERCEN T PERC ENT P ERCEN T
ASBES TOS FIBERS NON ASBES TOS F I/Efl5 NON -FIBR OUS M ATERI ALS
• S.EMP~,3C:.^Ch. COMMENTS c c T 0 c M a • f 0 • v w a M / o
~~ ~~I,.M• M q q I E I L N Y T f f O I s I 1
E q O O E L N q N N q'- R O I S
f C E L E 9 1 L L M q U ! O f
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r.«I •.,•Y«, lu Immu/ Ofn•! . v~nvl
.•-. • c.rT••:.:r:ants are Idennhed using polarized light microscopy coupled with dispersion staining methods as
..+ --• -..: c, ..sual estimation. This test report relates only to the items tested.
Key. To Comments
AFT Asbestos Found In Tile AFB Asbestos Found In Bitumen
NAO No Asbestos Detected AFT&B Asbestos Found In Tile And Bitumen
PIA6 Paint Included As Binder GIAB Gtue Included As Binder
DIA6 Dustlncluded As Binder AFC Asbestos Found As Contamination
AFL Asbestos Found In Latex IS Insufficient Sample -Percentages May be Inaccurate
Sampled by: Client
Analyzed by: •
Reviewed by:
Chris Schiappa, Microanalyst
David O. Cram, Division Manager
4050 Auburn Way North, SuBe S Auburn, WA 98002 (206) 850.7797
230 South Cale Road Boise, ID 63709 (208) 376-4748
1132 S.E. Salmon Portland, OR 97214 (503) 238-3824
- ~ • HUB OF TREASURE VALLEY •
A Good Place to Live
OFFICIALS
lerk
l
CITY OF MERIDIAN
auro
JAN CE GASS, Tr a
BRUCeD.sruART,watarwon<asuat. 33 EAST IDAHO
WAVNE G. CROOKSTON, JR.. Attorney
EARL WARD. wastewatarsayt. MERIDIAN, IDAH083642
KEN NY BOWERS, FIro Chat PhODe (208)888-4433
BILL OORDON, Police Cftlef FAX (208) 887-0813
GARY SMITH, Clty Engineer
GRANT P. KINGSFORD
Mayor
December 18, 1992
Mr. Lawrence G. Wasden
Deputy Attorney General
Idaho State Tax Commission
P. O. Box 36
Boise, Idaho 83722
RE: Ordinance M591:'
Dear Mr. Wasden:
The City of Meridian prdinance #
any property to the City taf M
changing the Zoning of Lot fb a
Addition which is' already ih
Zoning to C-G Zoning.
This Ordinance was e,videntally m
in error unless Tax Co:mission k
zoned. "`
Sincerely,
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MA%VERRINGTON
ROBERT 0. CORRIE
CKalrman ZoNnq a PlanNnq
JIM JOHNSON
Cantannlal COOMlnator
PATSY FEDRIZZI
1 was not an Ordinance annexing
idian. This Ordinance was for
Lot 17, Block 2 of the Bowers
e City` of Meridian from a C-N
led to the State Tax Commission
ps a record of how property is
ty Clerk
ty ~ Meridian
ID~O STATE TAX COMMI~ON
~` PT 8Eg1
COmmI5310ners:~ ~, ., O~
tarry G. Looney, Chairman
y n
Robert A. Fry M s
Robert B. Hodge a ~o
Coleen Grant a e °f~
December 16, 1992
City of Meridian
Jack Niemann
33 E Idaho
Meridian ID 83642
RE: City of Meridian annexation ordinance #591
Dear Mr. Niemann:
Post Office Box 36
800 Park Plaza]Y
Boise, Idaho 83722
Equal Opportunity Employer
The Idaho State Tax Commission last contacted you on November 25, 1992 concerning
the City of Meridian annexation ordinance 5591. As of this date, the Tax Commission
has not yet received the appropriate map done in a draftsmanlike manner and/or a
copy of the Bowers Addition plat.
Regulation 63-2215 provides that the appropriate maps and legal description must be
submitted to the Tax Commission by December 31 of the preceding year. If you are
able to get us the appropriate data by January 10, 1993, the Tax Commission may be
able to place the annexatlon on the tax code area maps, however, if we do not receive
the appropriate data, the annexation will not be included for the current tax year.
If you have any questions, please feel free to contact me.
Sincerely,
LAW NCE G. WASDEN V`
DEPUTY ATTORNEY GENERAL
IDAHO STATE TAX COMMISSION
(208) 334-7530
LGW:CMc:sdv
cc: ISTC Files
Ada County Clerk
Ada County Assessor
1 IDr~O STATE TAX COMMI~ON
EPe seq~
~
° rust Office Box 36
Commissioners:
Iarry G. looney. Chairman ;;~
~;
o
R.~ . '
`
`
700 West State S[ree[
37L2
Rober[ A. Ery t
,`
~
~ i Boise, Idaho 8
Robert B. Hodge ~
sr +~~
Cnleen Grant ~~?Tr °~- Equal Opptrtuuity Employer
November 25, 1992
City of Meridian
ATTENTION: Jack Niemann
33 E Idaho
Meridian ID 83542
RE: Annexation Ordinance ~!59i
Dear Mr. Niemann:
The Idaho State Tax Commission cannot complete its review of the
action referenced above because:
The Tax Commission needs a map done in a draftsmanlike
manner or a copy of the Bowers Addition plat.
You have 10 working days to correct and return the above
mentioned discrepancies to this office. If you cannot return the
required information within l0 days please explain why in
writing. Your cooperation is appreciated.
Si re
eau Chie
Operating Property
(208) 334-7717
CM:sdv
cc: ISTC Files (2)
Ada County Clerk
Ada County Assessor
OPMAPLTR.02
• ORDINANCE NO.~~L
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
GENERALLY DESCRIBED AS LOTS 16 AND 17 IN BLOCK 2 OF BOWERS
ADDITION, ADA COUNTY, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of said City to amend and change the zoning from Neighborhood
Business District (C-N) to General Retail and Service Commercial
(C-G), for the following described parcel:
Lots 16 and 17 in Block 2 of Bowers Addition to Meridian,
according to the official plat thereof filed in Book 2 of
Plats at Page 62, records of Ada County, Idaho, Meridian,
Idaho.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which
is described as follows:
Lots 16 and 17 in Block 2 of Bowers Addition to Meridian,
according to the official plat thereof filed in Book 2 of
Plats at Page 62, records of Ada County, Idaho, Meridian,
Idaho.
be, and the same is rezoned from Neighborhood Business District
(C-N) to General Retail and Service Commercial (C-G), and Section
11-2-425, Official Zoning Maps are hereby amended to reflect the
same.
Section 2. That the property shall be subject to re-
AMBROSE,
FITZGERALD
Q CROOKSTON
Attorneys end
CounNloro
P.O. Boa a2T
Mx101en, IEetro
BBNY
TskWNON BBByN1
zoning if the owner or his assigns, heirs, or successors shall not
meet the requirements contained in the Findings of Fact and
ORDINANCE Page 1
Ci
Conclusions of Law.
Section 3. That the City Clerk shall cause one (1) copy
of the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the
Ada County Recorder, Ada County Assessor, and the State Tax
Commission within ten (10) days following the effective date of
this Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and
approval as required by law.
PASSED by the City Council and approved by the Mayor of the
C'ty of Meridian, Ada County, Idaho, this ~~~ day of
~r/c~n bcJ~ 1992.
APPROVED:
ATTEST:
AM BROSE,
FITZGERALD
d CROOKSTON
A,,,,MT,~„a ORDINANCE Page 2
CounNlOn
P.O. Bor ~R7
Mlelol~n, IONO
B9MR
TN~plwns BBBMl7
STATE OF IDAHO,)
ss.
County of Ada, )
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING
OF CERTAIN REAL PROPERTY IN TBE CITY OF MERIDIAN WHICH IS
GENERALLY DESCRIBED AS LOTS 16 AND 17 IN BLOCK 2 OF BOWERS
ADDITION, ADA COUNTY, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVI:
DATE"; passed as Ordinance No. .5~~ r by the CitCouncil and
M or of the C 1992,oas the lsame appears tin my" office ay of
a Jcm 6~' ,
~ 1992.
DATED this-S~ day of Dr)GM bc~ r
AMSROSE,
FITZGERALD
d CROOKSTON
Attomeya en6
Couneelon
P.O. BOZ /17
MwW4n, klYq
83611
TN1PBOne 868-1181
acknowledged that he executed the same.
On this,~~ day of r)JO Je.n bG~ , 1992, before me,
the undersigned, a Notary Public in and for said State, personally
appeared Jack Niemann, known to me to be the person whose name is
subscribed to the within and foregoing instrument, and
STATE OF IDAHO,)
ss.
County of Ada, )
IN WITNESS WHRREOF, I have hereunto set my hand and aff:i:ced
my official seal the day and year in this certificate first above
written. ,.,
`a`,GKC- Peweeeeoe ~r/F i
e J ~°° °ee T "=
SEAL e ~ S SOT /1,@ J,e«~ 2 . Nc.~
g8 Y
'~ gAUE3l.tG o'ff':
~nnn~all.
ORDINANCE Page 3
at Meridian, Idaho
MERIDIAN PLANNING 8 ZONING
AUGUST 11, 1992
PAGE 11
C`
I will close the public hearing.
The Motion was made by Rountree and seconded by Hepper to have
the attorney prepare Findings of Fact and Conclusions of Law with
a favorable recommendation to the City Council.
Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea:
ITEM #11: FINDINGS OF FACT AND CONCLUSIONS ON REQUEST FOR
~ CONDITIONAL USE PERMIT BY BETTY CAVANAUGH: TABLED AT LAST
MEETING:
The Motion was made by Rountree and seconded by Hepper to table
this until the next meeting which is September 8, 1992:
Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea;
ITEM #12: PUBLIC HEARING: AMENDMENTS TO THE ZONING 8
DEVELOPMENT ORDINANCE:
Johnson: I will open the public hearing. Is there anyone who
wishes to testify?
Dan Bryan, 2070 N. Locust Grave, was sworn by the attorney.
Bryan: Questions concerning the tiling of ditches.
Crookston: That actually is
requirement that they file the
was a little confusion as to s
fact the boundary line. This
take measures to t he the ditch
on their boundary.
an amendment, we already have a
ditches on the property. There
ome properties where a ditch in in
basically says that they have to
even though half of it may not be
Bryan: Concerns about fencing on developing ground adjacent to
agricultural ground. Explained - see tape.
Discussion - see tape.
Crookston: I think it's great that Don appears and voices his
opinions.
Johnson: I have a note here from Engineer Smith regarding tiling
of irrigation ditches outside the jurisdiction. His comments need
to he incorporated into this.
Crcokstan: We need tc make a motion to add it to the petition.
PLANNING 8 ZONING MEETING JULY 14. 1992
The Regular meeting of the Meridian Planning and Zoning
Commission was called to order by Chairman Jim Johnson at 7:30
P. M. .
Members Present: Charlie Rountree, Tim Hepper, Jim Shearer, Moe
Alidjani:
Others Present: Vicki Welker, Mike Shrewsberry, Jean Klug, Emma
Kuban, P. L. Crispelle, Mattie Thomas, Ella Peabody, Kelly Vick,
Lou Wakley, Joan WaNley, Mike 8 Angie VanOrden, Jim d Norma
Thompson, Mick 8 Nel SoRelle, Joyce Law, Ruth Wassmuth, Pat
Fujii, Ed Fujii, Frank Thomason, Steve Kurka, Michael Packard,
Joe Simunich, Kathe~ Mitchell, Jerry Anderson, Ginger Barker, Guy
L. Walker,KaLyn Harding, Tamara Davis, Wayne Crookston,
Craig Grow, Anthony Hill, Donna Aldrich, Don Hubble, Kelly Vick,
Richard Boesiger, Doug Hoy, Ginger Harker, Jane Davlin:
MINUTES OF THE PREVIOUS MEETING HELD JUNE 9, 1992:
The Motion was made by Alidjani and seconded by Rountree to
approve the minutes of the previous meeting held June 9, 1992 as
written:
Motion Carried: All Yea:
MINUTES OF THE SPECIAL MEETING HELD JUNE 26, 1992s
The Motion was made by Rountree and seconded by Alidjani to
approve the minutes of the special meeting held June 26, 1992 as
written:
Motion Carried: All Yea:
ITEM N1: FINDINGS OF FACT b CONCLUSIONS ON CONDITIONAL USE
PERMIT FOR BETTY CAVANAUGH:
Johnson: Is there any discussion or changes to the Findings as
prepared by the attorney?
Rountree: I have a question with respect to the results of the
Findings of Facts and based on the presentation at the hearing -
would it be better at this point to table this and not go to City
Council and in a situation where the applicant could apply for a
rezone and then consider this?
Johnson: That would be one avenue, the other avenue would be to
eHplore whether or not its properly zoned.
PLANNING & ZONING
JULY 14, 1992
PAGE 2
Atty. Crookston: I think it would be appropriate to table this
item, give the applicant an opportunity to decide whether or not
they want to go forward with it. By going forward would mean
either they apply for a rezone and that particular rezone in
essence could catch up to the conditional use application at the
point where they are at the same level before this body and the
Planning and Zoning Commission could make recommendations on both
items and have them processed to the Council at the same level.
The Motion was made by Hepper and seconded by Alidjani to table
this request until the next meeting. ,
Motion Carried: All Yea:
Chairman Johnson: We will explain this further after the meeting
to the applicant.
ITEM N2: FINDINGS OF FACT d CONCLUSIONS ON ANNEXATION d ZONING
REQUEST BY L.B. PROPERTIES:
The Motion was made by Rountree and seconded by Alidjani that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Alidjani - Yea:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the
Annexation and zoning requested by the Applicant for the property
described in the application and approve the conditional use
permit for a car sales lot with the conditions set forth in the
Findings of Fact and Conclusions of Law and that the Applicants
meet all of the Ordinances of the City of Meridian.
Motion Carried: All Yea:
ITEM M3: PUBLIC HEARING: PRELIMINARY PLAT THE LANDING #3:
Johnson: I've been advised by the City Attorney that we can take
judicial notice of testimony already presented in the interest of
saving time and in the interest of not being repetitive. However
if you feel you have any information to give to the Commission
please do so. I will open the Public Hearing at this time.
MERIDIAN PLANNING & ZONING
JUNE 9, 1992
PAGE 2
City can agree on such proposal, a solution to the traffic
problem and congestion on the streets adjacent to the proposed
use and in the parking lot adjacent thereto and that the approval
be subject to the conditions set forth in the Findings of Fact
and Conclusions of Law and that the property be required to meet
the water and sewer requirements, the fire and life safety codes,
and the Uniform Building Code, and other Ordinances of the City
of Meridian and be subject to site planning review.
Motion Carried: All Yea:
ITEM q2: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ANNEXATION
AND ZONING WITH CONDITIONAL USE PERMIT FOR PUD GENERAL REQUEST BY
CAPITAL CHRISTIAN CENTER:
Johnson: Any discussion? No response.
The Motion was made by Alidjani and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Alidjani and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the
Rnnexation and Zoning requested by the Applicant for the property
described in the application and approve the conditional use
permit for a planned unit development with the conditions set
forth in the Findings of Fact and Conclusions of Law and that the
Applicants apply for a variance if it desires not to have to t he
all ditches and waterways as a condition of annexation and that
the Applicants meet all of the Ordinances of the City of
Meridian, specifically including the development time
requirements.
Motion Carried: All Yea:
ITEM N3: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT
FOR A USED CAR AND TRUCK LOT AT 12 EAST ADA FOR BETTY CAVANAUGH:
Johnson: I will now open the Public Hearing. Is there a
representative present?
Joan Cavanaugh, 745 S. Blackcat Rd., Meridian, was sworn by the
attorney.
MERIDIAN PLANNING & ZONING
JUNE 9, 1992
PAGE 4
Hepper: I can see a possible problem with the flood lites
shining out in back there with residences out that back side
there.
Cavanaugh: We are open for suggestions.
Hepper: I think you will have to redesign your flood lites where
they point back the other way away from the residences.
Johnson: Are you looking at this for a full time enterprise for
someone?
Cavanaugh: It's a small dealership, primarily it's wholesaling
and there will be some retailing to the public.
Johnson: Initially what would you be thinking in terms of hours?
Cavanaugh: Probably nine to six something of that nature.
Rountree: Have you read the comments from the City Engineer?
Cavanaugh: I have.
Rountree: Particularly the comment with respect to paving the
entire site with the exception of the landscaped areas. Your
drawing doesn't indicate that that's the situation.
Cavanaugh: We had planned an paving the lot but not right away
unless we have to do that, especially the driveway. That
wouldn't be a problem with paving it.
Rountree: Jack, isn't that an Ordinance that it be paved? Yes
it would have to be paved. Can you give me an idea of how close
you are proposing this entry off of Meridian Street to the
intersection of Ada and Meridian.
Cavanaugh: On my drawing I made it directly from the street but
it doesn't necessarily have to be that way. I've never planned a
drawing for a business before so you'll have to bear with me.
Johnson: That property has quite an elevation difference between
Meridian Road and the property itself. Rre you going to address
that?
Cavanaugh: We have looked at that. We figured it needed to be
raised to proximity of the street level.
sETrY cAVANAUCH
CONDITIONAL USE PERMIT
USID CAR & TRUCK SAT•RS I,OT
12 EAST ADA STREET
COMMENT S
1: Ada County Highway Dist: Nothing Received:
2: Central District Health: No Objections:
3: Nampa Meridian Irrigation: All Laterals & Wasteways must be protected: Drainage
must be retained on site:
4: City Engineer: See Attached Camients:
5: Police Dept: No Objections:
6: Fire Dept: No Objections to this use:
7: Sewer Dept: No Comrents at this time:
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REVIEW SHEET
CENTRAL
•• DISTRICT
HEALTI~
DftAYiMfNT
Rezone #
Conditional Use # /~1~ C'ifh'. t' T+~GG,C IS~LpS
Preliminary/FinaVShort Plat
Return to:
^ BOIS@
^ Eagle
^ Garden City
-~'! Meridian
Kuna
>~ 1. We have no objections to this proposal.
^ 2. We recommend denial of this proposal.
^ 3. Spec'rfic 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 sewge disposal, we will require more data
concerning the depth of
^ high seasonal ground water
^ solid lava from original grade
^ 6. We can approve this proposal for individual sewage disposal to be bcated above solid lava layers:
^ 2 feet
^ 4 feet
^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ Central sewage ^ Community sewage system^ Community water well
^ Interim sewage ^ Central water
^ Individual sewage ^ Individual water
^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of HeaRh
and Welfare, Division of Ernironmental Quality:
^ Central sewage ^ Community sewage system^ Community water
^ Sewage dry lines ^ Central water
^ 9. Street runoff is not to create a mosquito breeding probelm.
^ 10. This department would recommend deferral until high seasonal ground water can be determined
'rf other considerations indicate approval.
^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho
State Sewage Regulations.
^ 12. We will require plans be submitted for a plan reiew for any:
^ Food establishment ^
^ Beverage establishment ^
Swimming pools or spas
Grocery store
^ 13.
^ Child Care Ce/rner
DATE: ~/Jf/~~fZ-
r
Reviewed by:
CDHD 10.91 rcb
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FITZGERALD
B CROOKSTON
AttofNys N6
CounNlOn
P.O. eoz 127
MM61N, ItIMo
83812
TN~pMne 3381161
NOTICE Of HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the Planning
and Zoning Commission of the City of Meridian will hold a public
hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, at the hour of 7:30 o'clock p.m., on June 9, 1992, for the
purpose of considering and taking action on the Application of
BETTIE A. CAVANAUGH, for a conditional use permit to operate a used
car and truck dealership consisting of early and late model
vehicles, which property is generally located at the NE corner of
East Ada Street and North Meridian Road, Meridian, Ada County,
Idaho, and is generally described as lots 16 and 17 in Block 2 of
BOWERS ADDITION TO MERIDIAN, according to the plat thereof, filed
in Book 2 of Plats at Page 62, records of Ada County, Idaho, and
known by the address 12 Ada Street, Meridian, Idaho. A more
particular legal description is on file at the City Clerk's office
and is available for inspection.
Public comment is welcome and will be heard and considered.
DATED thi~y~ day of May, 1992.
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CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
NAMe: Bettie A. Cavanaueh PHONE $88-2972
ADDRESS: 1 ' Aua j ~i e '~
GENERAL LOCATION: liiJllc:i vi &ua ~atreet and Meridian..Street
DESCRIPTION OF PROPOSED CONDITIONAL USE: A smal]+ family. owned and
operated used car and truck dealership consisting of early and late
model vehicles
ZONING CLASSIFICATION: COiamerc
PLAN: A plan of the proposed site for the condit?onal use showing the location of
all buildings, parking and loading areas, traffic access and traffic circu-
lation, open spaces, landscaping, refuse and service areas, utilities,
signs and yArds.
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian
Planning and Zoning Commission will hold a Public Hearing in the Meridian City
Hall on
at
The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by
Bettie A. Cavanaugh for the property generally described
as located at 12 Ada Street Meridian. Id
SUBDIVISION Bowers Addition BLOCK ~ LOT NUMBER 16 & 17
TO
r~
L
Present use of property is a vacant lot.
The characteristics of this property which make
it desirable for conditional use seems to be a well
rounded mixture of commerical and liWht industrial
businesses, which surround the property.
SPACE ABOVE POR RECORDING DATA
WARRANTY DEED (~ ~
(INDIVIDUAL)
FOR VALUE RECEIVED L.N. CARTWRIGHT AND ROMA CARTWRIGHT, HUSBAND AND WIFE
GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto
BETTIE A. CAVANAUGH, AN UNMARRIED PERSON
GRANTEE(S), whose current address is: 2065 E. FAIRVIEW AVE, MERIDIAN, ID 83642
the following described real property in ADA Cnunty, Stale of Idaho,
more particularly described as follows, to wit:
LOTS 16 AND 17 IN BLOCK 2 OF BOWERS ADDITION TO MERIDIAN, ACCORDING TO
THE PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE 62, RECORDS OF ADA
COUNTY, IDAHO.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns
Forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee
simple of said premises; that said premises are free ft'om al I encumbrances, EXCEPT those to which this conveyance is expressly made
subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of
way and agreements, (if any) o[ record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for
the current year, which arc not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims
whatsoever.
DatecCG~7R~-~T 12, 991
e7
L.N. CARTWRIGHT ROIGHT
STATE OF IDAHO p~"ru~Co'0~ ~ q ADA
1( , ss.
Jf,y
On this oV~ J 19.t of _ ~'p~ , in the year of 1991 ,before me
THE UNDERSI$ ) A i ~y ~ , a notary public,
personally appeared L.N.: I T 3l10ilIA CARTWRIGHT
known or identified [o me to }1 ,tlTe ~prson (s 3tame (s) ARE '
, subscribed to the within
instrument, and acknowledged tb~net,~halr'1' tl he,,•~ 1"~cuted the same.
e+++++++++unun °j°°°,°,, No[at'y Public:
Residing al: ~
My Commission Expires: I
The nature of 'L-ite proposed application: is to :dart
a small family owned and operated used car and truck
dealership consis;;in~ of early and late model vehicles
along; with the desire to contribute a service 'to our
nei~hUorhood and maintain the standards of our community.
Bettie A. Cavanaugh
2065 E. Fairview
Meridian. Id
888-2972
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Lawrence M. Slay
2yli Lemhi
Boise, Id ts370j
xiley Clarkson
41 Ada 5t
Meridian, Id ttj64z
Loren R. Wheeler
1Ot35 W. 37th #12
itolse, la tt}r(14
Viola Bielick and xuth Raynor
lj E. Ada St
Meriaian, Id tt3642
H®bert L ana Linda G. Hiclo~an
jUU N. Meriaian Street
Meridian, Id tt364L
Hepper Homes
43 E. Fairvi~
Meridian, Id
Mark Burnham
42 r:. Kins
Meriaian, Iu
lnc
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ts36wa
and Nettie Trust
tt3ow2
Idaho First National Bank
't'rustee far S. Louderb®uth
Y.u.BOx 729tt
Boise, ld a37Up
Steve M. ana
1304 W. r~ira
Merlaian, la
Geralaine R.
j5 E. !tower
Meridian, la
Kay A. Nesmith
t St
bjo42
Thoapeon
uj642
Nampa Meridian lrrii llistrict
15Uj 1st ~euth
Nampa, lu tfjbSi
James W. Matlack
LU E. Aaa
Meridian, Iu ts3o4z
Karin L. Hawn
Y.U:Bex 541
Meridian, Ia ojo42
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Karin L. Haan ana Charier C. riarvey
Y.U.tsox $wl
Meridian, Id tS3b4L
Tates Scaffolain~ and rower `1'001 Uo
LyL3 w. Idaho
Meridian, ld tS3bwi
uwen S. Sprout
Trustee Joyce xaasck
laaho r'lrst 1Vational tsank
't'rust Lept
r.u.ts0x '195
tsosie, la
Uien ana Veda riilcheis
x ~ '~ } tsox z1Uy
CasOade la 1ijb11
Sheilie A Allen
Y.u.tsox jb
ivieriaian, idt53bWL
Sheltie A ana L Y r'arrand
'1'hvmas n tiranut
r.U.box jb
1V1e r1cLian, la bjbwL
City of Meridian
33 E. Idaho
Meridian, Id 83642
Ada County Weed Control
Jean Ross Director
51'7 Meridian
Meridian, Id 83642
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