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Johnson & L.B. Properties AZ & CUP IDA~O STATE TAX COMMI~JN Commissioners: ya ~„ s~< tarry G. L~wney, Chairman o ~w. ~ Robert A. Fry o z ~ x Robert B. Hodge m °a° Coleen Grant r~rE F October 16, 1992 \ ~.. City of Meridian ~~ ATTENTION: Jack Niemann ~~ ~~ e` 33 E Idaho Meridian ID 83642 RE: Annexation Ordinance #585 Dear Mr. Niemann: Poet Oftice Box 36 760 Wes[ Stale S[reet Boise, Idaho 83712 Equal Opportunity Employer The Idaho State Tax Commission has reviewed and accepted the following action(s): City of Meridian Annexation Ordinance #585 Any changes dictated by this action(s) will appear on the 1993 tax code area maps. Sincerely, Rose Blazicevich Cartographer Operating Property (208) 334-7717 RB:sdv cc: ISTC Files (2) Ada County Clerk Ada County Assessor MERIDIAN CITY COUNCT_L OCTODER G, 1992 PAGE IS Motion Carried: All Yea: ITEM #i~: APPRDVE CONDITIONAL USE PERMIT FOR L.B. PROPERTIES FDR CAR SALES LDT ON FAIRVIEW: The Motion was made by Currie and seconded by Giesler to approve \ the Conditional Use Permit for L.B. Properties. Mot_on Carried: All Yea: ITEM #15: ORDINANCE #588: ORDINANCE AMENDING COUNCIL MEETING DATE AND ELECTION TIME: RN ORDINANCE OF THE CITY OF MERIDIAN AMENDING THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN BY REPEALING SECTION 1-?04 AND RE-ENACTING SAID SECTION 1-704, TO SET FORTH THE TIME AND PLACE OF CITY COUNCIL MEETINGS; AND PROVIDING AN EFFECTIVE DATE: Is there anyone present who wishes Ordinance #588 read in its entirety? No response. The Mot:cn was made by Yerrington and seconded by Tolsma that the r~:les ar.d provisions of 50-902 and all rules and provisions •~ecuirin; that Ordinance be read on three different days be dispen:-ed with and that Ordinance #588 be passed and approved. Roli Cal: 'Dote: Yerrington - Yea; Giesler - Yea; Currie - Yea; To'_sma - Yea• Motion Carried: All Yea: ITEM #i': REQUEST BY KEVIN HOWELL FOR CITY SERVICES AT SW CORNER OF LOCUST GROVE ROAD & USTICK ROAD: Jim Me~-kle: My client is in the process of obtaining a 28 acre parcel on the southwest corner of Locust Grove and Ustick. Right now that 28 acre parcel is not contiguous to the City limits. We want tc o5tain an easement for sewer through the Borup property, which is to the west of us. Before we can get an easement granted =_ervices have to be approved by the Council. ';ing=_fcr.': It's your client: wish to go ahead and develop that =~itside _. ^ity^ "^e~-.__. 'ae -:o~lld_ike to get started on the preliminary plat ___'_ -a~_. .~-.~~~ S ~ti .-Q~_~'. .fie r. O It !'1`.~ ~.. itie ^.t; ~ • MERIDIAN CITY COUNCIL SEPT. 15, 1992 PAGE li The Motion was made by Yerrington and seconded by Tolsma to approve the Conditional Use Permit for Wayne and Karen Forrey. Motion Carried: All Yea: ITEM #9: PUBLIC HEARING: REQUEST BY SUE PECKAM, CHILDREN FIRST, FDR TRANSFER OF CONDITIONAL USE PERMIT FOR DAY CARE CENTER FROM GREENLEAF FRIENDS ACADEMY ON PRDPERTY LOCATED AT 407 EAST FAIRVIEW: ~ Kingsford: This is a public hearing sa I will open that at this time. Is there anyone to testify? No response. I will close the public hearing. The Motion was made by Giesler and seconded by Tolsma to approve the transfer of the Conditional Use Permit from Greenleaf. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #10: ORDINANCE #585: ORDINANCE ANNEXING AND ZONING PROPERTY ON FAIRVIEW AVE. OCCUPIED BY L.B. PROPERTIES: (NEED TO APPROVE CONDITIONAL USE PERMIT IF ORDINANCE APPROVED): Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NW 1/4 OF THE NE 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE: Is there anyone present who wishes Ordinance #SBS read in its entirety? No response. The Motion was made by Tolsma and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #585 6e passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Carrie - Yea; Tolsma - Yea; Motion Carried: All Yea: it ~ oRnINANCS No~~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NW 1/4 OF THE NE 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, 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 beet interest of said City to annex to the said City real property which is hereinbelow described: ~ Commencing at a point 330 feet East of the NW corner of the NW1/4 of the NE1/4 of Section 7, in Townehip 3 North, Range 1 Eaet of the Boise Meridian, in Ada County, Idaho, the real place of beginning; thence East 588 feet along the North line of said section to a point; thence South 660 feet, more or less, to the South line of the N1/2 of the NW1/4 of the NE1/4 of said section; thence Weat along said line, 588 feet to a point; thence North 660 feet, more or lase, to the real place of beginning; excepting therefrom the following described tract of land, to-wit: Commencing at a point on the North line of the NW1/4 of the NE1/4 of said Section 7, Townehip 3'North, Range 1 East of the Boise Meridian, in Ada County, Idaho, 918 feet East of the NW corner thereof, the real point of beginning; thence South at right angles 170 feet, and parallel with the East line of said NW1/4 of the NEl/4 of said Section 7; thence at right angles, and parallel with the North line of Section 7, Weat a distance of 85 feet; thence North and parallel with the East line of the NW1/4 of the NE1/4 of said Section 7, 170 feet to the North line of said Section 7; thence in an Easterly direction on said North line to the real point of beginning. AND all that rectangular parcel of land lying adjacent to the above parcel and which is south of the center line of the road right-of-way of Fairview Avenue. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council AMBROSE, FITZDEMLD BCROOKBTON M~amy~YM coun.NOn of the City of Meridian, Ada County, Idaho: Section 1. That the above referenced real property Page 1 F.O. BOR IY7 MwMMn, MYw !1l12 T~NFIwiwMlrN1 ,~ AMBROBE, fR20ERALD Q CROOK8TON AHpM71 YM Counalbn P.O. Boe 127 MM04n, klMb pl12 T~np~on~9lB~Iy1 described as: Commencing at a point 330 feet East of the NW corner of the NW1/4 of the NE1/4 of Section 7, in Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Idaho, the real place of beginning; thence East 588 feet along the North line of said section to a point; thence South 660 feet, more or less, to the South line of the N1/2 of the NW1/4 of the NEI/4 of said section; thence West along said line, 588 feet to a point; thence North 660 feet, more or less, to the real place of beginning; excepting therefrom the following described tract of land, to-wit: Commencing at a point on the North line of the NW1/4 of the NE1/4 of said Section 7, Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Idaho, 918 feet East of the NW corner thereof, the real point of ;beginning; thence South at right angles 170 feet, and parallel with the East line of said NW1/4 of the NE1/4 of said Section 7; thence at right angles, and parallel with the North line of Section 7, West a distance of 85 feet; thence North and parallel with the East line of the NW1/4 of the NEl/4 of said Section 7, 170 feet to the North line of said Section 7; thence in an Easterly direction on said North line to the real point of beginning. AND all that rectangular parcel of land lying adjacent to the above parcel and which is south of the center line of the road right-of-way of Fairview Avenue. ishereby:annexed to the City of Meridian, and shall be zoned (C- G),'.6eneral Retail and Service Commercial; that the reason for the (C-G) zoning is to allow the property to be used conanercially, which would be allowed in the (C-G) Commercial zone; that the property shall be subject to site planning review and an appropriate buffer shall be made from adjacent residential property;. that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. ORDINANCE Page 2 ,~ Section 2. That the property shall be subject to de- dnnexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, those stated herein, and the Ordinances of the City of; Meridian. 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, ana cne ~caca ran 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 City of Meridian, Ada County, Idaho, this 15th day of September, 1992. APPROVED: AMBROSE, FITZOERALD B CROONSTON AIIaIMy~YM Coun,Nan P.0.8o. tR7 MMAI~n, WNo l~M2 TN~p11on~ MMM1 MAYOR -- GRANT P. RINGSFORD ATTEST: CITY CLERK -- JACK NIEMANN Page 3 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 ~ true,+full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NW 1/4 OF THE NE 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. by the City Council and Mayor of the City of Meridian, on the day of , 1992, as the same appears in my office. DATED this day of 1992. City Clerk, City of Meridian Ada County, Idaho AMBROSE, FIT2BERAlD B CROOKSTON Atlomeys vW COYIIxNM P.O. Box 1Y7 MM01M, MNo 87812 bbpnom 8881Ht STATE OF IDAHO,) ss. County of Ada, ) On this day of , 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 acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho ` Page 4 \` ~~~ j wi i ~ ~_ ~!_ ,_ N a cn .-~ o vmz~ a ~ v ~~~ n .-~ x z 0 o m a cz z z zn -i~Fm K ~ ~` u \ Z _ -i .P O O WO azmcn x . p~ o . --i cn x. v m N m m -1 ~ c ~ a A -1 w m • O v 3 m x D to O~C~'~p ~~ ~~ W ~ I i ~1~ I II I m 'i m ~ ', ~ I~ .:~ - - - ~~ ~~ l1TIT~TTT~ N .w a u m y JERICHO ROA - N u a u m .~ O T a D „ A _G N m WE U ,. ~ < ~ m Z a C Ii m a --~m 'EA' N m - - - ---rtti-ptt- - - - - -~- - - - - - L i ~ ~~~ // ~ ~ P .___] L ~'_ ~~ MY4 U i m N_ VI w I u q a ~ ^' u A m -- -- -GR +ic!=!/iAf~ CITY CDUiJCI~ StPTEI"IBEF i, i.5y"' The Reo~,iiar meeting of the Meridian Citv C_ouncii was called to order by Mayor Grant P. Kingsford at 7:30 P. M.: Members F%resent: Bob Giesler, Ron Tolsma, Max Yerrington, Beb Cowie: Dthers Gresent: Frank Thomason, Wayne S. Forrey, Jared Morgar. Chad Morgan, Bret Moroan, Scott Ellsworth, Terry Little, Walt Morrow, Dan Torfin, Rod Turnbull, Gary Lasher, Charlie Rountr^ee, Gary Smith, Bill Gordon, Wayne Crookston: MINUTES OF THE PREVIOUS MEETING HELD AUGUST 18, 1992: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previoi_cs meeting held Auoust 16, 1992 as written: Mot~_on Car,^ied: All Yea: '-`.inrsford: Welcomed Boy Scout Troop #34 with us this evening. ITEM #1: FINDINGS OF FACT AND CDNCLU'SIONS DN VARIRNCE REQUEST BY MERIDIAN SENIORS: The Motion was made by Giesler and seconded by Tolsma to approve of the Findings of Fact and Conclusions of Law as written: =:011 Cali Vote: Yerrington - Yea: Giesler - Yea; Currie - Yea: Tolsma - Vea: "lotion Carried: All Vea: he i4otion was made by Tolsma and seconded by Giesler to deny the variance req~_iest. •"iotior Ca,-ried: Ali Yea: ITEM #2: ANNEXATION & ZONING REQUEST W/CUP FOR L.B. PROPERTIES: TABLED RT LAST MEETING: Kingsford: .i think the Council received a waiver of notice from the parties that werehere last week that d•:d not receive notice on that issue. The Mot>on was made Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law for L.B. Propert;es: . • MERIDIAN CITY COUNCIL PAGE Roll Call Vote: Verrington Tolsma - Vea; - Yea; Giesler - Yea; Corrie - Yea: Motion Carried: All Yea: The 'lotion was made by Tolsma and seconded by Giesler to instruct the City Attorney to prepare an annexation ordinance. Motion Carried: All Yea: ITEM #3: FINAL PLAT ON PRRKSIDE CREEK SUBDIVISION #1: Kingsford: We received those comments yesterday. Representatives were in today and we visited about those. My s~_iggestion to them :f it's the prerogative of the Co~_mc11 that this be approved conditioned upon the three of us sitting down and reaching a solution to those comments. Corrie: Have they seen the engineer's comments° Lasher: No probleTs. The Motion was made by Tolsma and seconded by Yerrington to approve the final plat on Parkside Subdivision subjec+. to the concerns of Western-Ada Recreation being met before the plat is stoned. Mot :on Carried: Ali Yea: ITEM #4: FUBLIC HERRING: 1992-9 FISCAL YEAR BUDGET: Kingsford: I w~li open the public hearing and invite testimony on the City's Fiscal B~.~dget. There was one request by the Treasurer's Office to add full time instead of the temporary heio. No Response. I will close the public hearing. ITEM #~: ORDINANCE #584: ANNUAL RPPROPRIATION ORDINANCE FOR 1992-9C FISCAL YEAR: Kingsford: AN ORDINANCE ENTITLED THE ANNUAL ARPROPRiATiON ORDINANCE FOR FISCAL YERR BEGINNING OCTOBER 1, 1992, APPROPRIRTING THE SUM OF 87,425,14.'.00 TO DEFRAY THE EXPENSE RND LIABILITIES OF THE CITY OF MERIDIAN FOR SAID FISCAL YEAR, RUTHORIZING R LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPEC;F`(ING THE ODJECTS AND PURPOSES FOR WHICH AF'PROPRIATiON ?S MADE: ~ there anyone who washes Ordinance #°_34 read in its entiret v"' ~.io response. - ~C ' _~~~~2'v Q~ SacY HismaY-~i; :''~~ l pt~ridi.aa Cit1*`' Hall - -. ~~ . ~.. 33 East Idaho :. ~'wier;ildwii~.'Td~BhA` •:83642 ~ ~ ~ .. 'Re:':'L.B~,properties ~ .. Usar.7acke:.. _' .. •' -" ~ • Enclosed .fart y.n,r revieY' please find the• WaivQY" which has lbesn. ai'r~nFri .h7£ ~l~tx'rtu-'P ~bi=*Jan alul $PTlIa L1Palt l[or~an°'on' ltur?g . in' -tha••above: refszat~aed eattar. . . . ~ If'yPU lava any questions,..plsass do not hesitate to coact riA... •. . . - SinCSrs1Y. . . ~OZIDf07,LY fi 31~.]CSER~ C®1RTERED . 08/Sl/02 18:27 4208 S44 0880 PETE NIL80N DESI X002 we, the undersigned, Claronoe Dforgan az~d erns Dean , Husband and W£fe, who alrrently reside at 1187 Sast Fairview ,weans, Meridian, Idaho, have kaawiedge of the Bpplicatia~ns for llleaexation, rezone to ~ereial zoning and the 7lppiication for a Conditional IIsa Parsit Tiled by L.B. Properties on L.B. Properties' _- _ lnlxi wh~S~_ maj.iaiiui__our: ~ latxl„ We have. reooatly been inioraed that _ these ~ppiicationa were Piled and set for heari2-ga. but we did not reee£ve any notice as required by the City of Ifer£diaut's ord£nanc- ee, inPotaiag ue of the Planning h ZOnfnq meeting or the City council meeting. By this iPaiver, wa waive any right to object tc these Applications go£ttg forward fss front of the City Council because of the lack of not£oes given to us for either the Planning & Soninq Caago£ss£on hearing or the city Council hearing. DBTSD This ~,~ day oP ~ , 1992. wATVBR-1 o CONNOLLY & SMYSER, CHARTERED Attorneys and Counselors at Law 134 South Fifth Street Boiee, Idaho 83702 JOHN P. CONNOLLY (208)342.0777 C. A. "SRIP" BMYSER August 27, 1992 Jack Niemann, Clerk Meridian City Hall 33 East Idaho Street Meridian, Idaho 83642 ~0~~~~~~..,, // ~~- ~~ ~jCz~ ~k~' YF1 Main Street P.rma, la.na xssao (Yxx)74Y~8921 ItF.P1.Y TO RO1SS OPFICr. Re: Elnora Johnson/LB Properties Annexation and Zoning 8.29 acres located at 1005 E. Fairview Dear Jack: Enclosed please find a copy of the waiver which has been sent to Clarence and Verna Dean Morgan on today's date in the above referenced matter. I will provide you with a signed copy as soon as I have received the same. If you have any questions, please do not hesitate to contact me. rw Enclosure cc: LB Properties Sincerely, CONNOLLY & BMYSER, CHARTERED WAIVER We, the undersigned, Clarence Morgan and Verna Dean Morgan, Husband and Wife, who currently reside at 1187 East Fairview Avenue, Meridian, Idaho, have knowledge of the Applications for Annexation, rezone to commercial zoning and the Application for a Conditional Use Permit filed by L.B. Properties on L.B. Properties' land which adjoins our land. We have recently been informed that these Applications were filed and set for hearings, but we did not receive any notice as required by the City of Meridian's Ordinanc- es, informing us of the Planning & Zoning meeting or the City Council meeting. By this Waiver, we hereby waive any right to object to these Applications going forward in front of the City Council because of the lack of notices given to us for either the Planning & Zoning Commission hearing or the City Council hearing.. •,, DATED This day of 1992. CLARENCE MORGAN VERNA DEAN MORGAN WAIVER--1 ~~ -- n ~'t f •. MERIDIRN CITY COUNCIL PAGE 6t(~r9,~ ~' I The Motion was made by Giesler and seconded by Corrie to have the attorney prepare Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM M3: PUBLIC HERRING: REQUEST FOR ANNEXATION & ZONING W/CONDITIONAL USE PERMIT BY JOHNSON & L.B. PROPERTIES: Kingsford: I will open the public hearing. Is there anyone present who wishes to testify? John Connolly, 134 S. 5th, Boise, was sworn by the attorney. Connolly: I am here representing L.B. Properties. We appeared on July 14, 1992 at a Public Hearing in front of the Planning & Zoning Commission, they unanimously recommended approval to this Council to annex the property subject to the application and to approve the commercial zoning and the underlying conditional use permit. The property is located on Fairview, there is an existing used car lot on it. My clients would like it incorporated into the City to expand that use or possibly put another commercial use on it. I will answer any questions you have. Tolsma: The property you want to develop is to the south of the used car lot? Connolly: Yes. The preliminary discussion I had with my client was they were considering putting some sort of a storage facility., Tolsma: The person that owns the property directly south of that this Dennis Baker has concerns about the residential area. Suggests a berm or a six foot fence be put behind the residential property. Connolly: That's correct, Mr. Baker was at the Planning and Zoning Commission hearing in June. My client spoke with him in the meantime and he said he would not be opposing the rezone or the. annex at ion request tonight. Kingsford: We received a letter from him this afternoon. He modified it slightly from the letter that was submitted to the Planning 8 Zoning. He doesn't speak to as wide of a buffer. e~ ~o~~ \~~~ 3~ ~I ~ August 17, 1992 City Council City of Meridian 33 E. Idaho St. Meridian, Idaho 83642 REF: ELNORA JOHNSON/LB PROPERTIES 8.29 ACRES LOCATED AT 1005 E. Fairview Dear Mr. Neimann and Members of Council: I am the developer of the residential property known as Danbury Fair Subdivision, located adjacent to the south boundary of the above referenced property. The applicants, Elnora Johnson and LB Properties, are asking for annexation and rezoning designation of CG Commercial from the City of Meridian. If the Council decides to annex and rezone with a Commercial design- ation the aforementioned property adjacent to new residential single family homes, then a buffer should be required. Without the proper buffer area, it would pose significant liability for the City of Meridian, Mayor and Council and all associ- ated with this rezone and use request unless a reasonable landscaped buffer area between the residential and commercial is a condition of this rezone and com- mercial development. In the buffer area, attention should be paid to proper lighting, fencing and landscaping. Concerning the lighting, I ask that no lights be allowed in the buffer area. Six foot fencing should be required which is com- patible with the wood fencing used in most residential areas. Landscaping, which includes trees and shrubs, should be used to impede the intrusion of commercial noise and lighting to the residences. Thank you for your attention to and consideration of good planning procedures. _~~'e~_ Dennis M. Baker B.W. Inc. President i~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council 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 August 18, 1992, for the purpose of reviewing and considering the Application of ELNORA JOHNSON and LB PROPERTIES, for annexation and zoning of approximately 8.29 acres which property is generally located at 1005 E. Fairview and generally described as a portion of the NW1/4 of the NE1/4, Countyn IdahownshThat thetApplacationErequestssannexation~wAth zoning of C-G. Further, Applicant requests a Conditional Use Permit for a new and used car sales lot, located in a portion of the NW1/4 of the NE1/4, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this~~day of July, 1992. gMBROSE, FITZGERgLD d CROOKSTON gltomsys uM DDYnNlO(f P.O. Baz 127 M.Nm.n, MMIo ex12 TsleplioRS 8SBJ167 PLANNING b 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 paint where they are at the same level before this body and the Planning and Zoning Commission could ^ake 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 #2: FINDINGS OF FACT b CONCLUSIONS ON ANNEXATION b ZONING REQUEST BY L.B. PROPERTIES: The Motion was •ads 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 Votes 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 Ysa: ITEM #3: 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 PRGE 19 Christensen: My comment is more of a suggestion that the Collector Street as it was designed in the subdivision that I came from had a number of different paths. There were a number of those kind of jogs and I didn't have the concern that I'm hearing tonight. Suggested putting in cross drains. Johnson: Thank you. Anyone else to testify? No response. I will close the public hearing at this time. Discussion. (See tape) The Motion was made by Shearer to approve the preliminary plat. Rountree: Discussion please. The traffic concern is something I sympathize with these folks on. There are some solutions and I would recommend that a condition be added to Mr. Shearer's motion that this be a condition of approval of the subdivision that those things be investigated and incorporated into the development. Shearer: I will add that to my original motion. The Motion was made by Shearer and seconded by Rountree to approve the preliminary plat with the condition of an intense traffic study in an attempt to correct this problem. Motion Carried: All Yea: ITEM q6: PUBLIC HEARING: FDR ANNEXRTION AND ZONING REQUEST BY JOHNSON AND L. B. PROPERTIES: Johnson: I will now open the public hearing. Is there someone representing the applicant that would come forward please. John Connally, 134 S. 5th, Boise, was sworn by the attorney. Connolly: I am here representing L.B. Properties tonight. We brought in an application to incorporate an area into the City. It's approximately eight acres on Fairview Avenue. In my review of the Comprehensive Plan it appears as though the City can annex this into the City. There is an existing commercial auto sales lot on site that was granted a conditional use permit by the County within the last five years. Rather than just leave that as a grandfather right coming in, we decided to apply to have the conditional use permit continued to bring this up to the full ~ i • • MERIDIAN PLANNING & ZONING JUNE 9, 1992 PAGE 20 legal authority within the City limits. We feel that we are contiguous to the City borders. The existing commercial use will continue in the future. My client is considering other commercial uses including some sort of a storage facility on the back portion of the property. We would appreciate a recommendation of approval. Johnson: I need to enter a Baker. This letter states area, and landscaping. Thank letter into record from a Mr. Dennis basically, it requests for a buffer you. Anyone else to testify? Discussion. Dennis Baker, 3519 Grover Crt., Hoise, was sworn by the attorney. Haker: I am the developer and owner of Danbury. My concern is not necessarily to hold up this annexation or re --coning, it's to express my concern in regard to the transition from a potential commercial annexation and zone in Meridian that would be abutting a residential subdivision. The Danbury Subdivision was approved last year by the City Council. The first phase has about nine lots that abuts the south boundary of this proposed annexation and rezone. We have constructed those lots and we have completed the paving about two weeks ago. We are planning approximately 230 lots between Pine Street to the south and Fairview to the north. Voiced concerns about transitional zoning between residential and commercial industrial that there is a buffer provided to protect those residential property owners. It's my request that you consider putting a condition on the annexation and rezoning for some type of buffer to be provided. Usually it's 300 feet. We have two of the lots that back up to this property that have already been sold. I will disclose to these people that there is a possibility for some commercial development to the north. It's my request that some serious consideration be given. Alidjani: How many lots or how many linear foot is between the boundary of two properties, one commercial verses residential? Johnson: Nine. Hopper: Is there a buffer between your commercial property and your residential? • MERIDIAN PLANNING & ZONING JUNE 9, 1992 PAGE 21 .. . Baker: That's a good question and at this point I would expect that we should be submitted and requested to have design review and conditional approval from whatever development would take place in that commercial zone. Johnson: Rnyone else from the public? No response. Is there anything you'd like to add. Connolly: Just briefly. From the a$sessor's map you have in front of you this property is 660 feet deep and obviously a 300 ~ foot buffer would take half of it and we feel that's unreasonable. We've always been willing to conform to the requirements that the City code requires us to. Johnson: Anyone else to testify? Albert Chastain, 1065 E. Fairview, Meridian, was' sworn by the attorney. Chastain: What I'd like to know, is on the west side of that property is an irrigation ditch. Will that be tiled, the same as on the Baker property if it's developed? Johnson: We have an ordinance that they have to t he all ditches when it's developed. Chastain: Any development in there would certainly help with the weed problem we've had in the past. Johnson: Thank you. Anyone else? No response. I will close the public hearing. The Motion was made by Shearer and seconded by Alidjani to have the attorney prepare Findings of Facts and Conclusions of Law. Motion Carried: All Yea: The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning 8 Zoning recommends favorably with some research to the buffer zone or screening as required by our ordinances. Motion Carried: 3 Yea; 1 Nay: • • ANNEXATION & ZONING REQUEST JOHNSON & L.B. PROPERTIES C O M M E N T S 1: Ada County Highway Dist: Nothing Received: 2: Central Dist. Health: Nothing Received: 3: City Engineer: See Attached Con¢nents: 4: Nampa Meridian Irrigation: If additional property developed drainage must be retained on site: 5: Fire Dept: No objections to this request: 6. Police Dept: No Objections: 7: Sewer Dept: Will Comment later if sewer is extended to property: 8; Public Hearing held before the Planning & Zoning Comnission on June 9, 1992, .Planning & Zoning instructed the City Attorney to prepare Findings: 9: At the Planning & Zoning Meeting held July 14, 1992, Commission approved the Findings and recommended this request be approved: (COPY OF FINDINGS ATTACHED) N~ I IH I IH I~ I In I I I In I I I I~ I I I I I~ I I Iy I~ O C*J L+7 ~ O N O M C ~ O H ~ ~ ~ ~ ro a ~ ~ ~ ~ ~ ~ ~ ~ ~~ c~ ~ ~ ~ C. N I ~ C" H H a E V1 Ci7 v H fA H O "i'. ro [A H ~ ~ ~ z ~ ~ o ~ ~ ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ N ro ~~g~~~ ~°~ ~ ~ tai, ~ N ' a ~ o 8 ~ • 3 ~ O ~ ~ H O 4 ro a+ 3 y w ~ z H ro CyHj ~ "' ~ ~ y~M o m ~ ~ K rqG 3 E+ xZ~ H H 3 C~ £ m b [-~ •• ~ C+J a lYuj hi y ~ tp ~ ~~ ~~~z ~~ ~ ~~~ Vl r H y O O H~ H Lz] 8 ~8 ~ m ro v .P w ~~ ~, ~ ~.. ~ r ~~ ~ 1' 9~ Q 6 S ro m ~F Y 3' D 3 N~ 1n ~ ss~ pp N ~ H ~1 ~ ~~ + f~1Tri ~...tS ~ ~V]~~ GZ]N ~ g -8 ~ s % J A ~ ~ ~'1~ ^ ~ ~19.~ 9 0 '~ '~ n ~ S C N y O ~y~y }~ g r~ ~ ~ S ~' ~ ~ ~ ~ S. t9 ~ H tSsJ y fC tn~ C~7 Lam] +~ ~N O~ v ~ ^ fl -P o n ~ x rr ~ ~ ~ ~~"-I ro~ ~' pHp ~ H ~ H N S. S ~ S S' } ~ y ~ ~ ~ y~ [fxrCJ ~ Z ~~~ ~~ S 9 S ~ t9• ~ ~ y~~~yJjjo ~R+ hO[' K'N ~4 V ~~~ ~ ~ ~ ~ ~ ~ m ~~ ~~~~g f~ a e I IN I I4 3 m 3 ~ r ~~ a r N H ~ W w June 8, 1992 Planning and Zoning Commission City of Meridian 33 E. Idaho St. Meridian, Idaho ~i REF: Elnora Johnson/LB Properties Annexation and Zoning 8.29 acres located at 1005 E. Fairview Dear Mr. Niemann and Commission Members: I own and am developing the residential property known as Danbury Fair Subdivision, located adjacent to the south boundary of the above referenced property. The applicants, Elnora Johnson and LB Properties, are asking for annexation and rezoning designation of CG Commerical from the City of Meridian. If the Commission and Council decide to annex and rezone with a Commercial designation the aforementioned property adjacent to new residential single family homes, then a buffer should be required. I find that a Commerical designation to this request without proper buffering would pose considerable detrimental problems for the residents whose rear yards abut this property. This would not be good planning unless a landscaped buffer of approximately 200 to 300 feet in width along the entire south boundary of the applicants' property is required. In this buffer area, attention should be paid to proper lighting, fencing and landscaping. Concerning the lighting, I ask that no lights be allowed in the buffer area. Six foot fencing should be required which is compatible with the wood fencing used in most residential areas. Landscaping, which includes trees and shrubs, should be used to impede the intrusion of commerical noise and lighting to the residences. Thank you for your attention to and consideration of good planning procedures. Sincerely, ~--> Dennis M. Baker ~ + , • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ELNORA JOHNSON AND LB PROPERTIES ANNEXATION AND ZONING WITH CONDITIONAL USE A PORTION OF THE NW 1/4 OF THE NE 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW ~MBROBE, FI(ZDERALD B CRDOxBTON ANaM„ YM CounNkin P.O. BOr 177 MMp~n, NNIq 876/7 7~Np~o~r66HNf The above entitled annexation and zoning application having come on for consideration on June 9, 1992, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant, appearing through John Connolly, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning with conditional use 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 submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 reference is incorporated herein; that the property is approximately 8.29 acres in size; it is generally located at 1005 E. Fairview; that Fairview Avenue is a principal arterial as set forth in the Meridian Comprehensive Plan. 3. That the property is presently zoned under Ada County as C2 with a conditional use permit for an automobile sales lot, and the remaining property is zoned under Ada County as RT Rural Transition (R7); that the use would be for a car sales lot; the Applicant requests zoning of CG and a conditional use permit for a car sales lot. 4. The general area surrounding the property in used commercially. 5, That the property is adjacent and abutting to the present City limits. 6. That Elnora L. Johnson is the owner of record and she has consented to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned CG and that a conditional use be granted for a car sales AMBROSE, lOt; that the present use of the property is commercial. FRZUEMLD CIgOxBTON 10. There were no property owners in the immediate area that ADan.y.ne ~°""'"°" testified objecting to the Application. -.0.90.127 IOMe MMId~n , aeiz T.~wnee.ewr+ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 ~~ ~MBPOBE, FRZOERAID ~ CPDOIfBTON ADaMy~~nE Coun~NOn P.O. Bwt1II7 MwMMn,MYa 67M2 riwna» er+ri 11. That the property is in the EAST INDUSTRIAL REVIEW AREA as set forth in Policy Diagram in the Meridian Comprehensive Plan. 12. That the property can be serviced with City water and sewer, and the sewer service would be available in Danbury Fair Subdivision and at a sewer line crossing Five Mile Creek approximately 300 feet west of the properties west boundary. 13. Ada County Highway District (ACRD), the Department of Health, Nampa and Meridian Irrigation District, City Engineer, and Meridian School District submitted comments and such will be incorporated herein as if set forth in full; that ACRD approved the sales lot plan when Application was made to Ada County. 14. That the CG District is described in the Zoning Ordinance, 11-2-408 B. 9. 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. 15. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 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 Sectton tl-c-wii or one Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under the provisions contained in Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice; that the Planning and Zoning Commission has judged the application for conditional use under the requirements of 11-2- 418(C) of the Revised and Compiled Ordinances of the City of Meridian. 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 Commission may take judicial notice of ~M&iOBE, FITZOERAID I CHOONStON Atlamq~ rM Coun..ia. P.O. bs 1]7 MNMMn, kWro E~MZ ra.pan~ ew~wi government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 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 consented to by the owner and the annexation 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. 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; that the Applicant will be required i to connect to Meridian water and sewer; that the car lot paved area must meet the requirements of the City of Meridian's off- street parking, pertaining to lighting, landscaping, and site storm water disposal. 10. That proper and adequate access to the property is available and will have to be maintained, and that the street right of way of Fairview to the centerline be included in the annexation. 11. That since the Applicant's property is in the EAST INDUSTRIAL REVIEW AREA of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive AMBpOSE, FlrzaEnAlD P 1 a n . ICRDOKSTCN A,,,,b 12. Therefore, based on the Application, the testimony and Counwron ~,D,,,,u, evidence, these Findings of Fact and Conclusions, and the MMIINn, I4no axu .~~, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that the conditions should be those stated above and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. 13. That any of the requirements of the Nampa Meridian District shall be met as well the requirements of the City Engineer. 14. With compliance of the conditions contained herein, the annexation and zoning of CG would be in the best interest of the City of Meridian. 15. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance for the use. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use as a planned .unit development. ~MBROBE, :cnoo~i~oN c. The use as shown by drawings with the application should be designed and should be constructed to be harmonious in ~~~o~.Ma ~~ appearance with the character of the general vicinity. V.O. Box ~R7 MMM~n,kWq B7Mt T•"'"'°"'BB8"°' FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 .. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that Lhe access and traffic requirements of the City and the Ada County Highway District should be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it water service and the Applicant can provide sewer service as there is sewer service available approximately 300 feet west of the properties west boundary. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout must meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance and should be subject to design review since it is a planned unit development. 17. It is further concluded that any comments, recommendations and requirements of the City Engineer, the Ada County Highway District, and the Meridian Fire Department, will have to be met and complied with. AMBROBE, flTZBEMLD \CRCOIfBTON ANOnio,lan0 COYPNbIa P.O. Boa177 Nh~WIr~,MYq B7B1II ToMpBOn~BINMt FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 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 eo. u~ 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: APPROVED: DISAPPROVED: "`~'~ ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 N e i l~ l l~ l~ l l~ I I I I~ I I I I~ I I I I~ I I ly i l41 14 zg O ~ v H O H C O O ri ~ 1-+ g " ~ H H ~ ~ ~ 9 9 ~ ~ ~ ~7 ~ r ~ rH+ C Gtl Ip ~ 3 ~' 3 Om 3 Cam] C"~ Y~ ro O O r ~ A G (L~7] G~ ~j ~ ~Cq" fA yy ~ C H 1 r f+ H 9 W O 1" 1 to ~ O x~ Ui S t" 4 ~~~b~~~y~~~~~~~~~~~~~~~~~~~ ~ z ~ 8 ~ ~ ~ ~ ~ ~ ~ y ~ ~ ~ ~ c~ ~ ~ o r ~ rob H 1-1 '+7 N ~ 8 ~ ~ d ~ ~ y o ~ ~ ~ ~3g ~ O ro R+ 3 H ~OZ, d Z y~ H T' ~ ~ 1roi R+ O ~Cp7 b H E ~ 3~ N y H ~ 3 [C_] ~ a7, W q ~ 2~y q ~~1 5 H ~ ~ C'~ H < Cro" C ro ~ r y ° ° 8H~~ ~ ° ~ ~ ~ ~ ~ ~~n~~~~ ~~ O q ~ ~ ~ 9 ~ ~ 6 S ~ ~ ~ ~ o ~ ~ H ,a. ~ r s, 9 S P ~ S tnt5o ~ y ~ ~ o ~ y~, ~ bf H O' A 3+~ N ~' N r p~ y H [v O Z F' d N K ~+ ~ + 10~ ~'~ ~ ~~~ro G~t~ c x e ~ 2 ~ t`' N • ~ "~ `n ~ Q' ~, ~~ Q A ui ln' ~ ~ fFy~S ~n S ~ ~ 1 ~ 'T5 a ~ , S Ei two Q~ 4 ~ Ta ~=' G '}' ~ N -y ~ !i S p •s A• in ~~~ p ~ ~ ~ ~ ~ ~ ~ .,Q a ~" N o c, s s ~ ~ ~ ~. 3 t9 $' q ~ ~ ~ ~~ biro ~ ~ ~ * ~ ~ rn ~ ~~~ ~ H ~ H ~. f. ~ $ S+ n ~~p hC ~~~Qpjj .yH LHpNJ 5hm~f ~ ~ I'pp~H-+I y~ ~ •• y Q ~ 9 ~l ~ ~ m '~ ~ 4 FFHII S N ? S a ~ ,mss HN~ ~+] f~i~~ ~N < O * ~ ~ Q 1~ ~ ~ ~ ~ I ~ " --o--= N e i l~ l l~ l~ l l~ I I I~ I I I I~ I I I lm l~ l d L~7 ~ G [~ H M C ~~ a~vH~~~~~~i~S ~° c~~~ r v r ° N v y3i m m~ y N o H~~~z ~~o~~~ ~"m~~~~~~~" ~z q m ~ v u~i ~' ~ ~i ~ ~ m ~ r~~iS ~ H rrn ZS Z tr" O ri ~b A~ ~ H ~ H ~ ~C ~ y 6 ~ S+ '° O ~ H y ~ "O+7 r ~ 22 z H ~i ro~7 o~~ K P H H ~ ~ 3 H d H r iyi (~p ~ M ~ 4 ','C+pU7 a~ 3 H O~~ y~ H ~ ~ C' M ~ O ~~~yy 1q]~ N gg~ ~ 3 ~ i~+ ~ H '~L! 3 Ca !!FF~~~~ r ~ y ^^ R+ iii H ~ W q r~r K 2 ~ y ~v~~~~ H q v E 3 H ~ •~ ~, v ~ o r ~< ~tD ~~ b ~ ~~~~~ ?~ b P S, ~ Q S. P~ S N H H FC K y ~ ~ t ~ ~ ~ h .s ~ ~ ~ ~ p ~ s~ s ~ ~ ~F ~ ~~ ~~'~~ ~ `` c D N ~ _ ~ N. kn~' -r, ~, ~ ~ s -~ s S .fl y2 p cs Q,, t~ e- 5' tl~ ? S a ~ H r~i ~ t~nH c' e ~< ~ r ~ ~~~' ~ ~~ ~ ~ ~ '~ r~ ~~ ~ ~~~~~ H L~J 0 ~ `~ ~ ~ ~ H H 3 ~~ ro~ ~' c~ a+ N ~ ~r 2 ~ G'1 N 4 3 ~ 3 ~~~ z H n.. H h b C r~ b r q r r N w ~~ REVIEW SHEET CENTRAL •• DISTRICT ~iif'HEALTI~ DEPARTMENT Retum to: ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ acz Rezone # Conditional Use # // .~2 ~/oc lUT Preliminary/FinaVShort Plat 1. 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 sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. W n approve this proposal for individual sewage disposal to be boated 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 sewagesystem^ Community water well ^ Interim sewage ^ Central water ^ Individual sewage ^ Individual water ^ S. The following plan(s) must be submitted to and approved by the Idaho Department of Health and WeRare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system^ Communty water ^ Sewage dry lines ^ Central wati3r ^ 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 ^ Swimming pools or spas ^ Beverage establishment®^ Grocery store 13. t1N-_ S /TR V'/S !T ~-~,P/.r~eQ ND o~/loyS ;f'J y r'S ^ Child Care Center DATE: ,r~~./9~ Reviewed by: COHD 70-91 rob ~ N ~ ~~~ 2 H ~ ?~ C~1 ~ N y ~~zr8~~~ ~ ~ H ~ ~ ~ ~ ~~g3~~~~ ~ ~ ~ ~ ~ H ~] 3 ~ ri y C~ a~ ro C+] S~ ~ y ~ H ~ ~ O H ro ~ °z E 3 H ~ r 8 ~, ~~ H ~~ .P ro r w y ~ ~ N m 2 ca _ ~ w Y• t` ~ ~-' b r- \ w m m +~ '3 y V~ fD O \~ R O i11 Y v \, o, f`/~ Y• R] w o ~R d N~ R w R ~ w• d rt Y• m R y n (!~~ R *i i i ~ ~~ ~ d ~ ~ d ~ gHg G1 ~ H r K ~ o °z y ~ ~ Imo-] N .. ~ ~ ~ H ro H n m H 0. 0. b n Z n R n tD O w g g 00 0 ~ Y . m w ~* w ~ o0 o o . rt a, Y • 0) fD O O 3' O G O tD .'~ ~t d w Vl R Y• Y. ~ rt ~, a a N fD a 0) Y• n ur am w 'S rt N ~-{ ~ n {0. n m tv Yi rt m < o n W rt N 7 •t G rt Y•O 7 00 n ~ b oo w m a w r• ~ m rt o a ~ C B 7 Y• b O C7 d ~D w y M O Y• E Y• 7 N R+ rt n a ~+ a m a Y. .s "5 ~ fD IT Y. w rD Y. n Y• 'S w O rt ~ Y• Yin o w a rn R w a ~ Y. 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N G1 C.i ~ ~~~~~ r . ~ ~ ° ~ ~ ro ~~~ Too {Z ~ W w m H CC a~ N ro ~ a, H !bQN~~ ~ G p~ Z H ~ ~ K~ C~ zz C+7 y r °~° Kg ~~ .P r iy ~ FC N ~ iiiiiri~iii ~ ~ ~ ~ ~ ~ ~ ~ n o r iv r v v z ~~~ ~~ W H H N H ~ ~ ~ H ro H ~ HHi ~' ~ ~ o z ~ 3 ~ ~ ~ F y ° ~ n~ ~ ro a, 3 H z O z° H 7~O H Z ~ zzH a, ~ ~ ~ C~.1 3 C ~ H .. pp fi+ d iii H ~ trl ~ O H ~7 H K ~ S R7 H H K ~, H ro ~ F~, .H.. ti O (D fi O 0 m z 0 fi D M h1 (D A m N H 0 m d v M "~~ W K ,~ . i H K ii O ~~ H i N 0 ~~~ yNy 7 fA IG D ~ y P o ~ M N n rr V '~C~~D7J N Ul ~' ~ o ~~ N i ~3q r ~i ii $ o W [N[(/~+]] O t'~ „may L~! i i N i H 3 ,t1 i ~~~ ~ ~ tt~~]] ~~~~~ ~~ ..~~8ro ro~ ro~~~ ~.. ~~~~~ Np, ~H'~O'Z° H~ ~[A~O ~N ~ ~H7H~~.i "yamy.TH'. 4] (f~ ii 4 3 ~~ 4 tb0+1 3 C^ ~ q Z M H r 9 r u~ N N ~~ biro ~`~ ~ ~ ~TJ U1 H Vl C3 R+ ~~ ~ ~~ ~ ~ ~ r ~ ~ • ~ ~ ~ m cHn~' ~~ ~ . • H H ~ U1 n 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 reviewing and considering the Application of EINORA JOHNSON and LB PROPERTIES, for annexation and zoning of approximately 8.29 acres which property is generally located at 1005 E. Fairview and generally described as a portion of the NW1/4 of the NE1/4, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. That the Application requests annexation with zoning of C-G. Further, Applicant requests a Conditional Use Permit for a new and used car sales lot, located in a portion of the NW1/4 of the NEi/4, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this~~hday of May, 1992. I Y ~L~K~._-~~~ AMBROSE, FIT26ERALD B CROO83TON Allornsys MO CounNlon P.O. Boa 12'7 MMdIAn, IOylw BSM2 T~NPBOm BBBJMt CONNOLLY &SMYSER,CHARTERED Attorneys and Counselors at Law 134 South Fifth Street Boiee,Idaho 83702 JOHN P. CONNOLLY (208)342-0777 C. A. "SKIP" 9MYSER May 20, 1992 FAXED AND MAILED Jack Niemann, Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: Annexation application Dear Jack: Y51 Meln StreM Parma. Id eho 83880 (408)744.8941 R61'LY TO IIOIR6 ONNICE Enclosed for your review please find the signed and notarized Affidavit of Elnora L. Johnson in the above referenced matter. Zf you have any questions, please do not hesitate to contact me. Sincerely, CONNOLLY & SMYSER, CHARTERED do Enclosure cc: L.B. FAXED TO: Properties (208)887-4813 (3 page, inclusive) AFFIDAVIT OF ELNORA L. JOHNSON STATE OF IDAHO ) ss. County of Ada ) Elnora L. Johnson, being first duly sworn, upon oath, deposes and says: 1. That your Affiant is the owner of the parcel of property described on Exhibit "A" to this Affidavit. 2. That your Affiant has personal knowledge of the facts set forth herein and the same facts are true to the best of your Affiant's knowledge and belief. 3. That your Affiant consents to the application by L.B. Properties to the City of Meridian to annex the property described in Exhibit "A" into the City of Meridian and to have the property zoned general commercial after the annexation. Further Your Affiant saith naught. ~~yr Ytc~ci C~ ~~77/7~a~"'`~ ELNORA L. JOHN N SUBSCRIBED AND SWORN To before me~is day of May, 1992. ~ ~ .,~-, o Nota,fy Pub c"o d~ho - Residing a G>/S~ Z_ f - Commission Expires: ~~J-/,Q- AFFIDAVIT OF ELNORA L. JOHNSON--1 . i ~ EXHIBIT A Commencing at a point 330 feet East of the NW corner of the NW1/4 of the NE1/4 of Section 7, in Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Idaho, the real place of beginning; thence East 588 feet along the North line of said section to a point; thence South 660 feet, more or less, to the South line of the N1/2 of the NW1/4 of the NE1/4 of said section; thence West along said line, 588 feet to a point; thence North 660 feet, more or less, to the real place of beginning; excepting therefrom the following described tract of land, to-wit: Commencing at a point on the North litre of the NW1/4 of the NE1/4 of said Section 7, Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Ida}to, 918 feet East of the NW corner thereof, the real point of beginning; thence South at right angles 170 feet, and parallel with the East line of said NW1/4 of the NE1/4 of said Section 7; thence at right angles, and parallel with the North line of Section 7, West a distance of 85'feet; thence North and parallel with the East line of tiie NW1/4 of the NE1/4 of said Section 7, 170 feet to the North line of said Section 7; thence in an Easterly direction on said North line to the real point of beginning, except ditch and road rights-of-way. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. \_ ro ~ N N ~ o~ Z H C~C ta7 k N N iiiiiri~iiiiiii~~yyiitpi~~byiii-~ii3i H d Lyynn ~ ~ ~ ~ y~ ~ O H H q~ ~ W~ g~ 3 3 O H O Fty-+ ~ ro 88 O .~v~G ~C ~ (FnC ~ C+] C"A O ?~ ~ [~! ~ [y~J 3 [ ~ fn ' r b2r b z Hy~ 3 m ~~y G~75C (yn ~ [~~J ~ y~ H ~ Ui N O O z ~ Z z O ~ ~ d ~3 ~ C ri (n ;y O ~ 7n ~ ~ 2~i ro o ~z~ ~°~~~~~~ ~~ ~~~~~~ ~~ ~ 8 ~ ~ Z ~ z~ 3 r d~~ p y N_ 4 ',ChTpJ7 a+ ~ H O ~ Z y ~ H C' I-I 4 C7 ~mU 1~-] N H !7!. 3 3 ~ ~ H .. ~ ro ~' ~ ~ ~ ~ zO H ro~ O H r ~~C~7 ro H ~ ~ H ~ ~ O a~gb~ ~ ~ ~ y y~HNOH NF, r Q z ~ yy~ \U1~70 ~N ~ H g ~ C+7 OO~ H r N C7 ~HK O ~ Cif CA W •, H O f " C~ ~~' y~ r k+i r r 7tl r ~ ~ ~ 7 H [~] ~ [A H ~ ~ ~~ ~~ H ~ro Cy Ch [+] ~ ~ H H x ~ C1~ L ~ ~ ~' 2 ~~ ~ yy O ~G~ ,, ~ x ~h] fA FH-I H ZS~ U1 HQ O ~G~ ~ ~~ i ~~~ . ~ ~~ H m I O z w W ~~ N O ~Hq z m DESCRIPTION ~ ATTACH I LENGTHY) 6(P..~ie: tam Ikel`(aUyJ i ~~__' (OWNER(S) OF RECORD) ( AM ) (TELEP ,/-- 7~ (ADDRESS) (APPLICANT) ( AHE) (TSLEP MIDI c~11dY'~~(~L ~ FL`C (ADDRESS-;, - 50(~n1 boa lla (ENt32NEER +$URVFYOR O n a :PLANNER) (NANB); ~ ~~~ a,, a~ (TEL p. ~ k~ (ADDRESS) s ~~,~ ~ (~ , 3+, ,~ x R (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDI IS ON - RESIDENTIAL~,,,COMMERCI INDI +50 ~ ` B' rg r ~ ~ fi :' ACRE$ OF LAND IN COl ,, ;; , P OWNERSHIP. ': (ACCEPTED BY:) f ~:, ,.. . _,, _ _--- SS ~ k k a 4 ~ t r . ,:., E .~ p CITY OF MERIDIAN APPLICATION .FOR ACONDITIONAL USB=E+SRHIYs' ), NAME 3 ~. ~ ~ ~~`~[~ PHONE ADDRESS: 1'fO~ ~_ rBl_NP_GA~t ~RA,Ii.D t.. o GENERAL LOCATION: OIJ ~' ` , h~'u„A,.. DESCRIPTION OF PROPOSED CONDITION L USEs~'~isu~ i'Nl~{l ~~ ~ A,, '~A~'V I y': ~ ~ p' ~~1~ ,i,: ii:; I ZONING CLASSIFICATION:" CCU , ' '~. ~~~ 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 areae,~,~'~- uti l ltiee, signs and yards. ;.,;~ + ~, , ,, ~: ''11 ~f a ~~ rti . 1y LEGAL NOTICE OF PUBLIC HBARINCI ` ;,,~~ ~~{ `• Pursuant to established procedure, NOTICE I3 HEREBY GIVEN that ' 'I',, ~:, .:, , the Meridian Planning and Zoning Commission will hold a Pub1,iC~~t~ °! Hearing in the Meridian City; Hall on ~, ~ ~ ~y;~`.~~~'~~ ~ The purpose"of ;,the Hr~al'liiq ~' j !s to consider a CONDITIONAL USB PERMIT submitted by ~~ ~~" „t• .. _ for the property generally deecri ;, ;.; SUBDIVIB ~, i;;a HLOCK LOT NUMBBR .' ~~'~~ -.-...._~r...,. ~.9 .. . Xs ~~ ~" ~~ ~ l[, f ':ne:, f ~. ., '.' L.B. PROPERTIES 1. L.B. Properties, 1401 Shoreline Drive, Boise, Idaho 83702, 345-7515. 2. Elnora L. Johnson, 8306 State Street, Boise, Idaho, 853-3773. 3. Attached hereto please find a notarized Request For Annexation And Conditional Use Permit. 4. See attached legal description. 5. The property fronts on Fairview Avenue, U.S. Highway No. 30. 6. The present land use is as a automobile sales lot. 7. The proposed land use is as a CG zone with a Conditional Use Permit to allow continued use of the front portion of the property as an automobile sales lot. 8. The present district is C2 zoning with the Conditional Use Permit for the automobile sales lot with the balance of the property as RT. 9. The proposed zoning district for the entire eight plus acres would be a CG zone with a CUP for the auto sales lot. l0. The location of the property on Fairview Avenue with the existing commercial use makes it desirable to have the property zoned commercial upon annexation. 11. The parcel of property should be zoned commercial as it is compatible with similar parcels of property fronting on Fairview Avenue. 12. See the map attached. 13. See the 30 copies of the vicinity map attached. 14. See the list of property owners who own property within 300 feet of the property described in number 4 above. 15. The annexation and rezone of the property to CG is consistent with the Meridian comprehensive plan. 16. Attached is a check to cover the $400.00 annexation fee, plus $15.00 per acre for 9 acres, plus $275.00 for the Conditional Use Permit application, plus $1.29 for the mailings to the neighboring property owners. 86/20/92 10:1.3 $208 344 8888 • PETE WILSON DE3I• AFFIDAVIT OF ELNORA L. JOHNSON STATE OF IDAHO ) ss. County of Ada ) Elnora L. Johnson, being first duly sworn, upon oath, deposes and says: 1. That your Affiant is the owner of the parcel of property described on Exhibit "A" to this Affidavit. 2. That your Affiant has personal knowledge of the facts set forth herein and the same facts are true to the best of your Affiant's knowledge and belief. 3. That your Affiant consents to the application by L.B. Properties to the City of Meridian to annex the property described in Exhibit "A" into the City of Meridian and to have the property zoned general commercial after the annexation. Further Your Affiant saith naught. ELNORA L. JOHN N SUBSCRIBED AND SWORN To before me i. <" r '/". ~. d ..~`~ fi... -rr ~- ,~ a +' ~ Y ~ r~ ~~ ,s ~ ` C 1~,,.~ day of May, 1992. /l ../1 ~ ~ oos AFFIDAVIT OF ELNORA L. JOHNSON--3 8631253 `'~ • ~,tic~ 8635531 DEED OF DISTRIBUTIOti BY PERSONAL PJ3PRESEGTATIVE THIS DEED, ttade b}• Elnora L. Johnson, as Personal Representative of the Estate of Floyd T. .Johnson, deceased, Grantor, to Elnora L. Johnson, Trustee of the Testamentary Trust u: Fiord T. Johnson, deceased, Grantee, whose address is 6306 State Street, Boise, Idaho 63703. WHEREAS, Grantor is the qualified Personal Representative of said estate, filed as Probate Wumber 3P-9968 in Ada County, Idaho; and WHEREAS, Grantee is entitled to distribution of t2te hereinafter described real propertyl THEREFORE, for valuable consideration received, Grantor com•eys and releases to Grantee the decedent's interest in the following described real property in Ada County,. Idaho: Lote 1, 2, 3, and 4, Block 1, Grandview Park Subdivision, according to the plat thereof, as recorded in Boot. 4 of Plats at page 156, records of Ada County, Idaho. ALSO Ulocl: ~! Lots 5 and 6 and thu Last half of Lot 4,i NCCartys Second :,dditian, i+da County, Zdaho. ALSO Part of the l.urthwest Quart_r of the dortheast Quarter of Section 7, To+.•nsl,i{, 3 Worth. Ira nge I East, I:.::., in Ada County, Idaho, rr,re particularly described as follows: Coasne nciny at a point 330 foot East cf the Northwest turner of the'17orthwest Quarter oP tho Wurthoast Quarter of Section 7, Township 3 North, Ranne 1 t:ast, B.W., in Ada County, Idaho, the real place of beninninet; t Louce East 55"o feet along the North lino of said Section to a {,Dint; thence South (+GO feet, mcae or ]c:a, to the South line of [ba IL.rab Ilal[ of the dorthwest +: uartee of the Ilorthest huarter of sail Section; thence (best along said line, 506 feet tc, a point: thence Worth GGO (evt, :a.,ru or less to the rc.,l p l:, c•e of honinninai r.>:(:I:rTlac •tn>a.Eri:o: TuE roe:.:,,.::::; :,IS~t:IVCh rw+L-r yr Lnillt, 'I':,-i:1T: Com:neuc•: na at v s,oi nt on the .."dal line c+f thr N•n•t bw•~.a iuar V_•r of t!,e :ur hcas: ,ca: :cr of said ::,~ctinn 7, 1'.+wnsni:+ 1 :7:~:^L, isn one I L:,: t. ..a.. in Ana Coway, 7::~hc•, ~~16 . _ Cas: of titc• : atwest corner thurecd, the roil o:•ini•:•f bor:inni n:;; :l::•nce South, nt ri Iht anc:les, I.7 (1 feet, an.l purall:l with :hu Cast line of snid :::~rthw-~st @uarv•r .+` :bo Lr•rthoast :uarwr of snid Section .: thence a: ri:::.t :utglcs, and naralle] with tbo ;:Drat line .•f C :ic.+. i, Vest a di:aancr of Si feet: tir_nce Iiorth andyl.ar..iL.1 with the Cast lia:~ of Che Ilorthwcst Quarter o[ tnc• :;urtiteast Quarter of stid Section 7, i70 feet to tt:c ::orth line of said St ction 7; thence in an Crete:~~ ~-:ec .i on, ^n s.i. DCLU OF bISTRIBCTIOIi DY PCt50Gi~L i:CI'it:SEiCLATIVC, P. I • "~~1 t1/ VA, r l1 North line, to the real point of Le•q inninry; to.urthur with all water, water riryhts, d:•ichca: and ditch rinht::- u[-way appurtenant thereto or connected themwi t.h. ALSU A part of the Northwest ~uartcr of the Nortbc:tst. [,,natter of Section „Township 3 Nc.:~th, Iwnac 1 Lana ut the Goisc sh:ri dian, in ;,da County, Li:rho, m.+r•_• particularly duscrii+cd as Eollcnrc: L•eginn my at the Scruti,wcst corn•.•: ~.. thv Jot th•_,.ca ~ruarttr of said Section 7; thencr: 1:orth alonv_ th% Worth-South mid-section line of said Section 7 a diatanceof 56 rods to a point; tt,ence continuira North along the north-South mid-section line of said section line a distance of B83 feet to the real point of beginning; thence East a distance of 301feet to a point; thence north 140 feet to a point; thence test a diatanee of 301 feet to a paint on the Aorth-South mid-section line of said Section 7; thence South along said mid-section line a distance of 140 feet to the real point of beginning. ALSO Lot 7 and the Ilorthwest~rly 10 feet of Lot 6, CL,cl: 6, FlcCarty's Second :cddition, Ada County, Idaho. Id.SO Lot 8, except the l:urthwesterly 10 feet, in 61oc'r, 6, 1.1cCartys Second ?.ddition, Ada Cooney, Idaho. ALSO Lot 7 of C1ocY. 3 :•f f•airvi ew i,cres Subdivision hc.. 1, according to the plat thereof filed in L'ooY. 70 0! Plats at pogo 53:, records of Adn County, State of Idaho. ;,LSU lying Snuti, of alley :.ud cacatc•d part of Ma. L..ts 1, 2, and 3 and tho blast Na:f :f Lot 4 „ Clo.^1: .3, StYeef McCarty's Second Addition, Ada County, Idaho. Thu real propc:t, herein descriLed :zing together with all :urd sinnular the unements, !rercditaments and appurtunancs thereunto belonging ur in anywise apnc•, :., i n ins: . ::ubi••tt ic. ,.:1 o.u•_m••.^. .n,d ri_,nu- -way of ro~:~r:! or :rq :arina on ti're land. 1~ ~'ta.. ~.!,r a~L. .i <.nrs•,. i~c:rsc,nal I:ei,res:•r,tativc of t7,e Estate of i;oyd T. Johnson„deceased DLi:U OF UI STi:IGI'TIOi: Gi PEP.SJ:7e~L P.EP?.CSI:::TA~I\'E, P. ? it ,' 11 4 Sf :. x+f?-; ~ ` \ ` \ \ \ _ / \\ / \ c do ``\• ^ ` u ~ ~ / ~ \ • ' \ \• i . / , .y \ N 2 Y\ ~ 32 o • r e I' `\ ~ Z A~ •.y ~ J • ~ ; e P Y •` `: N l : / I , I i' i • Vl TiC• / -\ % ~ F i - } \~. ~_ ' ~ S ~ a o`~ . C S •a'•J~ f•v n` •• _ , . ~ • ~r 4 •J ~ /• •.•r _ _ WN ~ n ~ r. Y.iMyl i i, ~ i •, I. - / i , ~ a ~ x I YwN .4 \\ ~~\iM lN. • . ~ I• N • • ~` ? ' r a J 1 Iu.f av! i } ~\~ ` .. J~U.tl ~ ~ N .: ~ ~ ~ • - .a ~. 1 n N ~ b V L y ~ \ ! 1 1 e . a. Y [. Y' i y v. r 1. a V rt T~ y • =rt ~ ~ ~ L •a iv ~ a • l.Y •L at. w.: ii. y «. r...L:. .. • na V' ~ ~ ~ /i uL.u wa f ) CO TLNWIgD • ai y .1. n.. ~ r . ~ ~1 S ~C i t .....w L .~ ( L . µ i ~ < i •. ~;~ /P „ ~~~ •• . •/ ~• • t.\~ .~. • .. •. • ..a .a... / 1. r i .. . L. ~. ~• t' •. •• ... r...~r.. Yw. L ~•. 1 I ~. II 17 IZ In ~~ I~ Gary Glenn i Commissioner, First District January 31, 1991 F_]nora Johnson New Frontier Used Care and RV Center 8306 State Street Boise, Idaho 83703 RE: F1I,E N0. 91-02-'1T) pear Applicant: john 8astida Commissioner, Second District COMMISSIONLRS OFFICE 650 Main Street Boise, Idaho 83702 383-4417 _` Vernon L Bisterfeldl Commissioner, Third District your Traffic and Development Plan for a used autpnobile arri R.V. sales lot, detail work and minor repair for autarobiles has been approved by the Board of Ada C«mty Cumtissicners at their hearing on January 31, 1991. Follow the steps outlined herein to ocntolete the permit application process. Sj.ncerely, BOARD OF 00[RdPSi OCtR+QSSIONFRS BOCC/TH/dd 1]iclostse i ~, ADA COUNTY O;'iNDITIONS OE APPFrAtIAL E7Q~QBIT A FILE NO. 90-021iD ~ II1.10RA JOEIIJSON ~\ k areas and driveways shall be gaved, striped and provided ' 1. All par irq any, arrd, shall be /' with substantial wfieel restraints around landscaped in accordance with Section 5-14-4 of the Ada Cwnty Code. All c~ct j spaces shall be designated "For Ca~act Only." Stripping for standard spaces shall be 9' X 20' arr.) for ooa¢~act spaces shall be 7.5' X 15'. All P~'k~J r•?~~irzments created by land uses cn this site shall be ac~mndated on the site with no parkuxl in Ixrblic rightsbf-way. 2. /All outdoor storage areas, trash receptacles and rooftop mechanical or electrical fixtures shall be screened fran public view by use of approved sight obscurirq fence six feet (6') in height or another approved method. All new utilities shall be placed urtiergrourrd. 3. Sidewalk rates shall be provided Por the handicapped per U.B.C. where required. a. Install service utilities in oot~liance with the requirements of the public utility providing the service. 5. Cca~liance with the requirements of the Idaho Department oP Transportation/Ada County Highway District concerning access arcs iuprovements in the public rightsbf~ray. 6. Compliance with the building setbacks and dimensional standards of the C-2 zone. 7„i Signs require a separate application and zoning certificate. Tenporazy signs and portable signs are prohibited. ~` e. All larrlscaped areas shall be provided with an underground sprinkler system oP sudr design and capacity to adequately serve the landscaped area. Protective curbs shall be provided for landscaped areas. Landscaped areas era to be maintained in a neat and orderly manner with dead or diseased planting materials replaced within three (~) months or the next available planting season (spring or fall). Landscaping shall rwt obstruct or obscure the forty foot (40') vision triangle at driveway intersecticns with streets. 9. All landscape .plants shall meet the following minim~art requirements ': Five (5) gallon shrubs; 2 i/2 inch caliper deciduous trees and evergreen trees 5-6 feet in height Tree species shall be thcsen frcm those reoaimended in A Tree Selection Guide for Street Tree Plantira (Boise Park System, 1985). lo. Compliance with the requirements of the Ada County Building Division.. ~r r (• // 11. Before arty new outside lic~rtinq is allot~red~ zu inglDivisi~on~'i~ a Plan shall ba sutsaitted for staff apPr~ All shall include size, type and location of aeventou~i reflection atr to exterior lic~rting shall ba shielded to pr strall not exceed 2S feet in adjacent properties or streets. Light pole height. 12. Arty expansion ar change in use requires ~para~ zO~ application and approval. • 13. A final oocupanc-'Y permit will trot be issued by the B~l~t~ Division until all of these conditions have been ~t• ~ ~~~atbort d wwill be conditions carrcrot ba met by the desired ooc'Y tions to ba required in the arouurt of 120k of the vat obi ~~vices oa~leted. 'itre applicant shall contact iar ~ ~~ far i~ Department at least fifteen (15) ~'~~ of the botd, Ada ~untY ~Y fi ~ aiel~ina~io-y Pmt. 14. 'The propartY shall ~ maintairreri in a neat ctrl prderly mannar• 15. 'This approval shall become troll and void a isubstantial use has rrot begun within one (1) Year of the Board s site shall not ia~ede the flow of 16. Any construction or use of this irrigation or drainage waters. order this application. 1'I. Cc~liance with the plans approved 18. ~Y~y~i ~l~ioe 8 17a8A, cxxutty Grode) .30 feet iron the front le autoarobilas or RV's ar parts strall be stored outside the 19. do irroparab try more than two (2) inoperable vehicles may ba ~l~' era entirely screened from view by a sic~-t stored outside is they ctscising fence ar wall. ved area west of the paved lot and the landscape strip adjacent 20. 4he unpa clear of weeds and trash. amasses to Fairview Avenue shall bad a~ar~ s1t6 plan dated received JatwatY shall be maintained es Per 16, 1991. . ,. ~~_ , ~'[j F. NO. 90-02-'ID E[NORA JOHI~ISON the Hoard from the p,. {,bitten approval of the develo~rent~pl~ 1Devaappr ~n~ Services prior to followi~ agencies shall be submi royals may be either on a9encY t ~,a.,~ of any P~ts• '~eserao ~ plan ~ fey ~y ~ written/st~t~ letterhead referring to the app on the appr~~ Plan. tiara-~ 1' Hi wa District ' 2' Ada ~'~ ~ y drainage, drive~raY design) 3. Ada County ~l~r ( q, central District Health Department 5, Meridian Fire District g. You may apply for a building pert while ocnpleting a9err-Y aPPrO`~ls in Step A, above, by: 1, Ca~leti-xl a Pit application. 2, stitmitti~ two (2) sets of Plans for any r~odelirxJ or' revisions to the ~~~ bui1~4 ~ tha Ada county Building Division far building Permits. c. A building permit will be issued upon cznpletion of GPs A a~ B' above, and with b-u-~ission of the followitg to the Builditg Division: 1, Zoning certificate. 2, Agency approvals listed above in Step A. p, poring construction/rengdeling, the ownps/contractor is responsible for reque,ting inspections as will be described at tha time the building permit is issued. g, this application is subject to the Conditions of Approval listed in the, attached FSdiibit A. ~. .. _ __. ~~ p 1- rl .O i 'p~ M S r rl ~f b U ~ N y ,_ ~. s QO f' c i ~ ~n ,S 3 O E c7 33+'-~ ~ o ~ ^ C ~1 1 1V0~ l pT r 7. ~ (~ ~ rn n, ~ e ~1 ..,. CJ 11 i n' rn .~ 9lrl.+J w m 1r _ O r 3~ N \j O ~ _~ \ ~ 3~ 1~ ~ P i RI ~`~ N 3 0 ..a 2 p r E D_ ~ y -n D nt 2 ~ 1 G o L 11, ~ y nl -1 D ~ rl A 'O ~ < <_ /S ~ o m ."'~ W >r n N jn W z ~ ~ p 1' m m ~° <' o~ . uu ~w~~uuL~~U J JAN 16 1~ ADA COUNTY ofV6LppMENi \ I, ry _ ~ ~ u. / -~ 1' ° m 1 X I .o. R1 9 1 I ~ ~ w O LLL ~L "+- _ __ ml T ~ o W + ~.> I ._. t .. _ A L' I < € .zr ' NI 1 o_ ~ ` ~, W R. r o V M1 -tea ]I U ~ N 3 ~+ ~ ~ ! I,IP q^ 1 .. ~_. Fy_ _ I, N ~ d, x ay , tai ~~ 4 1 ~~ n ~~ r rl ~" O -"v. ~ ~ A V ~ 9 y O t N 9 S F n ~ A N N ~m~~~ l -i N p ~ O a .~{ • i PROPERTY OWNERS WITHIN 300 OLIVE M. DAMS 6631 H~mniel Dr. Boise, Idaho 83709 Jonas E. Lee Jr. 835 East Fairview Ave. Meridian, Idaho 83642 Irene & Albert Chastain 1065 E. Fairview Boise, Idaho 83642 Thomas & Maxine Howell 2239 Calle Jalapa W. Covina, CA. 91792-2123 William Curtis ET AL 2630 E. Franklin Meridian, Idaho 83642 Harry & Lynette Adams 3201 Chinden Blvd. Boise, Idaho 83714 N & D Inc. C/O Meridian Car Wash 170 Fairhill Drive Wilmington, DE. 19808 Glen Gordon & David Dimeo ETAL 17350 S. W. Shaw Aloha, OR. 97005 Patrica Fabricius 1235 Adkins Lane Meridian, Idaho 83642 B & W, Inc. 1523 East Boise Ave. Boise, Idaho 83706 05/20/92 18:13 $208 344 0989 PETE WILSON DESI • • CONNOLLY & SMYSEB, CHARTERED Attorneys aad Covaeabra at Law 194 Sontli Fish 9treat Boir,Idaho 88705 aom~t e. coxxorax (5081845.0777 O.A'8B1P'811'48R5 May 20, 1992 001 uiet.uw.r rte., u.w awo oeu~asm FAXED AND MAILED Jack Niemann, Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: Annexation application Dear Jack: Enclosed for your review please find the signed and notarized Affidavit of Elnora L. Johnson in the above referenced matter. If you have any questions, please do not hesitate to contact me: Sincerely, CONNOLLY & SMYSER, CHARTERED do Enclosure cc: L.B. Properties FAXED TO: (208)867-4813 (3 page, inclusive) CONNOLLY &SMYSER,CHARTERED Attorneys and Counselors at Law 134 South Fifth Street Boise, Idaho 83702 JOHN P. CONNOLLY (208)342.0777 C. A. "SKIP" 5MYSER May 19, 1992 Jack Niemann, Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: Annexation application Dear ~ai:ic: Y61 Mv(v street Pvrma, Id ahv 83860 (EBN)7Y2~87P1 REPLY TO ROISF. OFFICE I have the information on the three (3) parcels of property that we discussed in your office and on the telephone today. 1. Regarding the parcel that we have been calling 120788, the Assessor's Office tells me that that corner property on the map is all Parcel Number 120805 owned by Jonas E. Lee, Jr., 835 East Fairview, Meridian, Idaho,. 83642. 2. Regarding the property 5-1107110599, according to the Assessor's records that property is owned by Martin and Patricia Fabricius, 1235 Adkins, Meridian, Idaho, 83642. 3. Regarding the property identified as 0875 on the map that you faxed to me, that is all a portion of parcel number 120860 which is owned by James and Susan Daly, but the County Assessor or Treasurer has no known address for them. This appears to be all which you requested. If I so that I can provide you of the neighboring property information am mistaken, please call me immediately with additional information. Sincerely, CONNOLLY & SMYSER, CHARTERED JPC/dc cc: L.B. Properties FAXED T0: (208)887-4813 (1 page, inclusive) ;OUtJTY ZONING C~MiSSIQN G NA CAL r ~ ~~ t ~ -"'-~-i ~ - _ __ _~ ~....i/r~_-~+ {w~ .may........ f i ~ ~ t~ """"1111 i \v' ~, A ~ • ~ '. j ~ RIM r _ ., ' R I ~ - ~_ ~ ~ ~ ~ ~ ~ i ~~, ~ ~ ° v x R)jA~ - - __:_ T .. - ~~ _ _ ~ ~. ~ ~` ~ ~I ~ . Z. II ~Mq{ li ~ ~ ~ ~ ~ ei -3Ye~ ~~ i ~ ~ ~ ~ ^J ..` . ~: ' L. lr ' ` .... f P: .R1 ~~ ` --- --- -; e ' ~ i S ~, ~ ~ ; t ~AgT 7 ~ ~ o ~E~ Y i J---T .~ - : RT .- , _.~ CIS ~• g 2, i ~ al i -_ i.- ~ bK17. 414- e~ ~ 1 ,Tp .~ < ` ~ ~~ ~ 6 S M ~I ~T .~ ~ ~ ~ - _,~ - ns ed ~ •• _ ~ ~ .III . ~.,uRM r z R i E ~~ PFMDOI M A S T E R U P D A T E Parcel 51107120675 Code Area 242 Type Name DAVIS OLIVE M 120 340 Buyer C/O Address 6631 HUMMEL DR BOISE ID 83709 - 0000 I Last Change 92/01/03 By ASR2_DEEDS Legal PAR #0675 OF NW4NE4 SEC 7 3N lE #8644342 03NO1E070675 3N lE 07 5/13/92 15:51:00 Qty Value .33 11000 32900. Bank Code Lien Code Trust L.I.D. Bankrupt Sub.Code Total 43900 Circuit Breaker NO Hardship 0 Property Address 01035 FAIRVIEW Zoning R1 ACTIVE #-Change D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Noti ce F6=Letters F10=Tax PFMDOI M A S T E R U P D A T E 5/13/92 15:51:31 Parcel 51107120750 Code Area 242 Type Qty Value Name LEE JONAS E JR 120 3.62 36200 340 43900 Bank Code Buyer 990 21950- Lien Code C/O Address 835 E FAIRVIEW MERIDIAN ID 83642 - 0000 Last Change 90/10/24 By ASR_TADDIC Legal PAR #0750 OF NW4NE4 SEC 7 3N lE #8708098 03NO1E070750 3N lE 07 Trust L.I.D. Bankrupt Sub.Code Total 58150 Circuit Breaker NO Hardship 0 Property Address 00835 E FAIRVIEW Zoning R1 ACTIVE #-Change D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax PFMDOI M A S T E R U P D A T E Parcel =t Code Area 242 Type Name CHASTAIN IRENE J & ALBERT F 340 Buyer 990 C/O Address 1065 E FAIRVIEW MERIDIAN ID 83642 - 0000 Last Change 86/03/13 By ASR_WEBB Legal PAR #0650 OF NW4NE4 SEC 7 3N lE 03NO1E070650 3N lE 07 5/13/92 16:04:05 Qty Value .99 15000 33800 Bank Code 16900- Lien Code Trust L.I.D. Bankrupt Sub.Code Total 31900 * Circuit Breaker NO Hardship 0 Property Address 01065 E FAIRVIEW Zoning R1 ACTIVE #-Change D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Selec t F3=Exit F5=Corrected Noti ce F6=Letters F10=Tax PFMDOI M A S T E R U P D A T E 5/13/92 16:05:01 el Parc ~~?2U62r Code Area 242 ?~ . Type Qty Value Name ~.._~ Hd4VEI,L THOMAS E & MAXINE F 120 .63 1 340 40300 Bank Code Buyer C/O Address 2239 CALLE JALAPA W COVINA CA 91792 - 2123 Last Change 85/12/26 By Total 53300 Legal PAR #0620 OF NW4NE4 SEC 7 3N lE #120610-5 #8240926 Lien Code Trust L.I.D. Bankrupt Sub.Code 03NO1E070620 3N lE 07 Circuit Breaker NO Hardship 0 Property Address 01139 E FAIRVIEW Zoning R1M ACTIVE #-Change D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax PFMDOI M A S T E R U P D A T E Parcel 391"12A$ ` Code Area 242 Type Name DALY JAMES & SUSAN 180 Buyer C/O Address UNKNOWN 00000 - 0000 Last Change 91/03/15 By ASR THOMAS Legal PAR #0$60 OF NW4NE4 SEC 07 3N lE 03NO1E070860 3N lE 07 5/13192 16:02:37 Qty Value .76 100 Bank Code Lien Code Trust L.I.D. Bankrupt Sub.Code Total 100 Circuit Breaker NO Hardship 0 Property Address 00000 Zoning R1M ACTIVE #-Change D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax PFMDOI A S T E R U P D A T E Parcel ~~~ Code Area 242 Type Qty Name CURTIS WILLIAM K ET AL 010 24.04 100 .50 Buyer 310 C/O Address 2630 E FRANKLIN MERIDIAN ID 83642 - 0000 Last Change By Legal PAR #8900 OF SW4SE4 SEC 6 3N lE #8367104 03NO1E068900 3N lE 06 Total 5/13/92 16:06:19 Value 12754 11500 Bank Code 9400 Lien Code Trust L.I.D. Bankrupt Sub.Code 33654 Circuit Breaker NO Hardship 0 Property Address 00824 E, FAIRVIEW Zoning AP-2 ACTIVE #-Change D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ~ a.- l l ,) I ra ~_ _ as seat br91 • xa . xr ty ra r tY ai ni nvw l~a~.. -•~ BNK- N CPY- ~( F BRNK NOP ~' ~ ---------- 87813770955 09 -------------- 698 ~~N IOCK JRY L TERE6R L [0 83642 --p-T BET ~-~-------- LCFI'3~[ KfiUB 60- C ~~ -------- Moniowerr Tawblr . -- 1135 BILL x0. I-57640 01980 JER [CHO M!R MBM M g 417 0010358 3N IE 06 BNK- N CPV- F _ BRNK-NOF_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - G B NRMErRDDRE66 LEGRL DF6CR IPT20N 87813770382 03 RDRN6NRRRY6 D L LYNETTE LOT 1 L6 SM' 09 LOi2 BLK 2 Narkrt 3201-CNtNDEN BLVD SETTLER6 VtLLRGE 6UB Howroxnrr o1621N0• JEF ICHO BOISE - ID 83714 i90Y66500390-5 Tazab /r 417150020018 3N IE 06 1 E y 87813770392 03 [ N L D NC LOT 2 E%C G SM' BLK VILLRGE BUB ER 6 2 Marky! Ho ' I BILL N0. 1-57642 00000 JERICHD t p ~70`FH [RNILL DRR MILMINGTON WR6N DE 19BOB 6 . • MO;;~ 4/7150020028 3N IE 06 Tiiibl• ± I F A Y 87813770400 03 GORDON GLEN R RND DIMEO ORVID LOi3BLK 2 Narkrt t4I ETRL 6ETTLER6. VILLRGE BUB HOMOrn rr _ N0 6 N SNRN 6979 0 8765002 Tazab lr ~4I P1675 JERSCHO RL OHR OR 97005 4 0 30 3N tE 06 F - - . r - - 878/3770410 03 ZtEGENFU56 fiU6RN - K - - ' - - - - ' LOT 4 BLK 2 ' - - - - - - Markat ' - ti 1685 JERICHD RD 6ETTLER6 VILLRGE 6UB Nouoxnyr BILL N0. I-57644 MERIDIRN ID 83642 0912881 4-15 .Tazab lr 1i 01685 JERICHD M17t50020040 3N IE O6 i BRNK U68 BNK- N COY- R7B13770V20 03 BROZDVICH NICHREL R LOT 5 BLK 2 Markrt [ 1721JERICHO 6ETTLER6 VILLRGE 6UC Howrexnrr 5 BILL N0. I-57646 MERIDIRN iD 83642 09028297-96 Taxy0ly 1 01721 JERICNO N17150020050 3N 1E 06 BRNK NOF SUB JO BNK- N CPY- F t R7B13770430 03 SCHENK RRMOND L L DRRLENE K LOT 6 BLK 2 Markr! S 1745 JERICHD 6ETTLER6 VILLRGE 6UB Howroxnrr 2E BILL N0. 1-576V6 MERIDIRN ID 83642 09005949 Ta zab /r 4C 01745 JERICNO 417150020060 3N IE 06 BRNK MOF SUB EO BNK- N CPY-. F 87813770440 03 PETERSON PRUL 5 L LRURR E LOT 7 BLK 2 Markrt TSi 1761 JERICHD SETTLER6VILLBGE SUB Howroxnrr 2I N0• MERIDIRN ID 83642 49715002 07 Taxably ~34 Ot 761 JERiCNa 0 0 3N IE 06 BRNK MOF BUB JO BNK- N COY- ~ t - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - i _ 87813770455 03 HRNILTON VICTOR E L LILR C LOTS B 9L 10 BLK 2 NarKr! f72 1071 TRMNY 6ETTLER6 VILLRGE 6UB Howroxnrr 30 4B N0~ MERIDIRN [D 83642 0260-0470 -[ 49039 Taxably `4r TRNMY 01071 3 417150020088 3N 1E 06 6UB J4 M M1 87813770485 03 RB BOTT PERRY B 6 TRNNIfi R L0T6 I1 12 L 13 BLK 2 Markrt 66 1041 TRNNY 6ETTLER6 VILLRGE BUB Howyorn ar 27 BILL N0. t-57649 MERIDIRN TD 83642 00480-OM90-0500-C Taxab la 39 01041 TRMMY 48511384 41715002011 R 3N IE 06 BRNK XRS ~ BNK- N CPY „ 87813770510 03 ME6TERN RDR RECRERTIDNRL DS6T LOT 14 BLK 2 - Marky) - BOK 601 SETTLER6 VILLRGE 6UB Mowyaxnyr BILL N0. 1-57650 MERIDIRN ID 83642 48325362-63 Taxably 01031 TRMMY 417150020140 3N IE 06 F - - _ - _ - - _ _ - - - - - - - - - - - - - - - - - - - - - _ _ - - _ _ - - _ _ H ~ H B B9? TIR IFN Y[L Dl TR R ~ KT QO L Y . . OPERT [ N L YrPR2NRRY E fi lN O L NRMErgDDRE56 LEGRL DEGCRIPTION vi 87813770545 03 BtLI N0. 1-57651 !M NG GLlNROCE J 9L TRMNY ! NE tRIDTRN LOT 1 ti L 1 LLK 2 iFT VILLR~ fUL yo iD 83642 B 5 0 30-05bYYY C Narbl Mouornrr Taxablo iy3 HO ii2 00!83 TRMMY LS4 as k 3 rr N17 OiSR DN 1E 06 BMK' N C-Y~ Y' BRNK 420 COB J4 N PS Form 3877. Oct. 1988 FOR REGISTERED. INSURED. C.O.D.. CERTIFIED, RETURN RECEIPT FOR MERCHANDISE, AND EXPRESS MAIL ~ w, mm to A N ... O ~O Do J O• to w N r r m ~ s D N0~ o m ~ Qc < om Zm 3 ~y2 ~~ m z C ~-' m ^ 6i ~ O1 01 dt dl 01 01 O1 a 3 _ O.__~. 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