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Chetwood, Lawrence & Shirley CUP ~UB OF TREASURE VALLEY OFFICIALS - A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MER RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer IDIAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste Water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief W L "B " MERIDIAN IDAHO 83642 Planner 8 Zoning Administrator . . ILL GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning $ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 1, 1994 TRANSMITTAL DATE: 10/17/94 HEARING DATE:.. 11/9/94 REQUEST:_Conditional Use Permit for an automotive dealership BY: Lawrence and Shirley Chetwood LOCATION OF PROPERTY OR PROJECT: Southeast of Interstate 84 and Highway 69 JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 -CHARLES ROUNTREE, P2 -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR .-RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C .-MAX YERRINGTON, C/C ,-WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: R'~CEIVED nr.tt~1~94 CI'i"'Y ~~ ~i~~r~~~-N L Y CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Lawrence H. Chetwood and Shirley S. Chetwood pHONE(208) 888-4403 ADDRESS: P.O. Box 207, Meridian, Idaho 83680 GENERAL LOCATION: Parcels southeast of Interstate 84 and Highway 69 Please see attached vicinity map. DESCRIPTION OF PROPOSED CONDITIONAL USE: Automobile dealership including sales and service for new and used vehicles. ZONING CLASSIFICATION: Commercial General PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. 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 November 9, 1994 at 7:30 p.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by Lawrence H. Chetwood and Shirley s. chetwood~or the property generally described as located at Southwest corner of Interstate 84 and _ SUBDIVISION Meridian Road BLOCK LOT NUMBER TO Cor~tional Use Permit Applic~on Supplementary Information In accordance with the requirements of the Conditional Use Permit Application, the following is submitted to the City Of Meridian Planning and Zoning Commission for your review. Please do not hesitate to contact the applicant should you require any additional information or clarification of the information provided herein. The information is arranged according to the order listed in the "Contents of Conditional Use Application". 1. Name, address and phone number of applicant: Lawrence H. Chetwood and Shirley S. Chetwood 203 East First Street Meridian, Idaho 83642 (208) 888-4403 2. Name, address and phone number of owner of subject property: W. H. Moore 8150 Emerald, Suite 140 P.O. Box 8204 Boise, Idaho 83707-2204 3. Legal description of property: Please see attached property description. Exhibit A. 4. Proof of ownership of subject property: Please see attached copy of Real Estate Purchase and Sale Agreement. Exhibit B. 5. & 6. Description of existing use and present use of subject property: The present zoning for this parcel is Commercial General. The property is currently undeveloped and is satisfying no commercial use. The property is vacant. 7. Proposed use of the subject property: The Applicant proposes to construct on the parcel a 35,000 square foot retail automobile dealership including sales and service. Conditions/ Use Permit /ication Supplementary Informa~ Page 2 8. Twenty-Five (25) copies of a vicinity map of a scale of one (1) inch equals three hundred (3001 feet; Please see attached copies of vicinity map. Exhibit C. 9. Characteristics of subject property which make a conditional use desirable: The Applicant's site selection was based on specific industry criteria unique to an automobile dealership business. The ultimate success or failure of the Applicant's business depends heavily on its location. The subject property is ideal for the Applicant's intended use in that it meets virtually every characteristic critical for the successful operation of an automobile dealership. For example, the location must have easy customer access; it must have high visibility from major traffic corridors; it must be in or adjacent to a major population center; it must have sufficient land area for long term business growth; it must have municipal services; and it must be affordable. The Applicant presently operates an automobile dealership at 203 East First Street, that has become an inadequate location, tacking the criteria mentioned above. Consequently, the Applicant is being forced to relocate. The characteristics used by the Applicant to select the subject properly for their new business location were as follows: ~ The site must have immediate access to major highways, arterial streets and population centers. D The site must demonstrate acceptable current and future traffic volumes to assure long term business vitality. ~ The site must have "easy access" from the major road systems to accommodate spontaneous buyers. (The subject property, above all others, has the greatest accessibility to service spontaneous buyers.) D The site must have excellent visibility towards the road system with large frontages for vehicle display. This site has over 640 feet of frontage along Interstate 84. O Usable land area must be a minimum of five (5) acres per franchise to allow for a business life cycle of more than 20 years. The subject property has over eight (8) acres of land area. Conditional Use Permit plication • Supp/ementary /nformn Page 3 D The site shall be flat or nearly so and in a square or rectangular shape to accommodate vehicle display, visibility and on-site traffic management and building design. D The site shall not be adjacent to other automobile dealerships. O The site shall be free of hazardous materials. ~ The site shall have public services and utilities, police and fire services more readily available. ~ The land shall be purchased not leased. Land purchase provides for long term investment verses the long term expense of a lease. D The site shall allow for long term diversification and growth as market demands change. A greater land area (8 acres) assures this criteria. D There shall be no easements that adversely effect the site. The unique qualities of this site, its size, location, and street access, are all seen as advantageous for the placement of an automobile store, thus necessitating a Conditional Use Permit. As previously mentioned, the Applicant and subsequent or future Owner of this parcel will purchase the land for one reason - to acquire a use compatible with the placement of an auto dealership. Larry Chetwood's sole purpose for this purchase is to fulfill an obligation to his customers to maintain the Meridian Ford facility in the Meridian area on a parcel suitable for a dealership. 10. A listing of the mailing addresses of all property owners {from authentic tax records of Ada County) who are within three hundred (300) feet of the external boundaries of the land being considered , and a list of all owners within the area being considered for a Conditional Use: Please see attached mailing list obtained from the Boise City Hall, Ada County Assessor's Office. Exhibit D. 11. A fee established by the Council; 5275.00 + 51.29 each for certified mailings for each property owner listed within the 300 feet =Total Fee. Conditional Use Permit lication Supp/ementary lnforma Page 4 12. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit. There must be a signed affidavit that this has been done as part of the application. Please see attached for signed affidavit from Applicant. Exhibit E. Additional Information: The following information is meant to address the specific issues raised in Section 2-418 C, General Standards Applicable To All Conditional Uses. The proposed use 1. Will, in fact, constitute a conditional use as determined by City policy: Required by existing zoning code. 2. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance: This project and application is in conformance and in concert with the goals and policies of the Comprehensive Plan. The City has identified the need for commercial activity in this area by acknowledging an ongoing evolution of land use development and by describing the mechanism (conditional use permit) by which change can be accommodated. This property was purchased for the sole purpose of use for an auto dealership store. The Applicant is aware that a Conditional Use Permit is required, but has no plan to develop this property for any other use. Should this Conditional Use Permit be denied, the Applicant may be forced to relocate the business to another jurisdiction. Such a move would be unfortunate and create a significant loss to the Meridian Community. Not only does this business provide specific employment opportunity, but also generates substantial business for others throughout Meridian. These business opportunities take the form of taxes to local government, license fees to state and city, support of media through advertising, banks, insurance companies, after market sales, gasoline service stations, auto repair centers, and more. Additionally it can be evidenced that the public is served by the number of patrons seeking automobile service as well as purchase of new or used vehicles. Conditional Use Permit~lication Supplementary /nforma~l6n Page 5 Any future development in this area will also benefit in that this project should result in a much safer neighborhood with reduced crime, traffic improvements, and lighting for general safety. An occupied site with improved lighting and site security should provide a safer environment then an unoccupied, poorly lit, uncontrolled site. 3. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. The facility to be placed on the subject property will be of substantial construction and will present a clean and attractive image necessary to cater to the automobile buying public. The building will be compatible with, and an enhancement to, the existing development to the east, Arnold Machinery. Construction will be of a steel frame with high quality exterior finishes ranging from storefront, glass curtain wall, stucco, split-faced CMU units, and standing seam metal roofing. Less land is devoted to the building structure for an auto dealership than most any other type of business allowed in the current CG zone. By the nature of its business activity, an automobile dealership of today basically utilizes much of its site for static car display surrounded by artistically placed landscaping and open space to allow for graphic identification of the business activities. The proposed auto dealership building covers approximately 35,000 square feet of land area. Small when compared to any other reasonable development allowed under the current zoning. That is to say, under the current zone a developer would most likely place a building of at least 120,000 square feet to minimize costs and maximize profits. The site has approximately 8.85 acres total land area or roughly 385,506 square feet.. The proposed auto store has 35,000 square feet of building or about five percent of land coverage compared to other developments that would require more building coverage of land, to as much as 90 percent of the total site. 4. Will not be hazardous or disturbing to existing or future neighboring uses: Current automobile dealership design requires open, clean and visible sites with clear identification of the sales and service activities available to its patrons. This open site promotes safety in that there is ample visibility by all for security purposes. The activities housed within the facility include service activity, general office administrative activity, and retail sales. None of these activities when enclosed in a new facility should present any disturbing or hazardous conditions to existing or future neighboring uses. By the nature of the business itself, the Conditiona/ Use Permit~l plication • Supplementary lnformal96n Page 6 manufacturer's guidelines, the Idaho Automobile Dealers Association's programs, and the administrative and management practices of the applicant, this statement can be guaranteed. 5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services: Outwardly and from all information available to the applicant at the time this subject property was contemplated for this specific use, the facility should be adequately served by the highway and street system, police and fire protection, drainage, refuse disposal, water and sewer. The applicant is also relying on the Planning Staff to confirm this assumption during this Conditional Use Permit process. It can be clearly demonstrated that the ~ use of resources provided by the City -the sewer, water, electricity, garbage, police, fire and so on will be significantly less for an auto dealership than virtually any other development in the CG zone. This is quantifiable in that the automobile dealership is a much less intense use of the site than most other uses. Furthermore, the City will be able to maximize its remaining resources for servicing other developments in the future without the expense of short term capital improvements. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community: Uses currently permitted in the current zone such as a general office, typically result in growth of additional support services such as paper supply companies, fast food outlets, daycare services, office equipment suppliers and services. With a commercial office development, a new network of support services will infiltrate the surrounding areas. Without other commercial zones it is likely that these will infiltrate residential areas and either force changes in the comprehensive plan or ongoing rezone activity. This application best suits the public need in that an auto dealership does not require the infrastructure of other business support services in a surrounding area. The automobile dealership will tax the existing and future infrastructure minimally because it is not an intense use of city water or sewer, does not increase a residential base and thus impact schools, and is not a use that increases need for police or fire surveillance or incident response. In addition, traffic generated by automobile dealerships is likely to be one half of that generated for an office use. Traffic to and from an automobile dealership is disbursed throughout a given day and does not create a peak load that would burden the existing highway and street infrastructure. Conditiona/ Use Perm pplication • Supp/ementary lnfor on Page 7 Uses other than an automobile dealership will be more dense in development, typically will promote a higher degree of patronage, and include larger populations of office staff, thus generating a greater demand for disposal of garbage, sewage and waste water. For the most part, sites with high density office development, multi-owner/multi-user businesses do not have the management systems to control the internal waste production. All users are not obligated to use a specific clean- up service, nor are they obligated to maintain their premise in the same manner, nor are their diverse management systems capable of dealing with issues as a single entity. 7. wll not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors: By the nature of its design this facility will be almost entirely enclosed. Minimal openings will be required in the service bays, parts loading dock area and access to the general sales activity by customers. In addition, doors will be provided by the Uniform Building Code and Oregon State Codes to provide for appropriate ADA access and fire exit. The enclosure of this facility will require an HVAC system which meets today's health requirements. The internal environment will be that of an office space. Smoke, fumes, and odors, if any, will not be present because they will be filtered out before air is released into the environment. This facility will generate minimal traffic compared to other uses permitted outright in a CG zone. (See item number eight.) Sun screening through shading by overhead roof extensions will be provided on the sunny sides of this facility. This shading effect will also diminish or eliminate any potential for glare or reflection from these glazed surfaces. The remainder of the building will be in soft muted tones, absorbing and therefore not reflecting glare. With respect to environmental impacts, car dealerships are not only regulated by their own programs, their association's programs, but also State Department of Environmental Quality {DEQ), and Federal EPA laws. The Idaho Automobile Dealers Association can assist in dealership compliance with toxic use and hazardous waste reduction programs. The proposed Meridian Ford project eliminates all of the potential environmental impact concerns. There will be no underground tanks, no paint and body shop, no bulk oil storage and no gasoline sales. Under these circumstances, the Meridian Ford facility would pose no greater threat to the environment than any other retail establishment In all likelihood an automobile dealership will be more highly regulated with less opportunity to pollute the environment than any of the permitted uses for this site. Conditional Use Permit'~lication Supplementary lnformat~'11~1 Page 8 This application also best suits the public need in that the entire parcel will be held under one single owner, and more importantly one single business. Alternative uses in the existing zone could promote multiple business ventures, ownership, business types, hours of operation, etc. The Applicant is the business operator with resident customers from the Meridian area, unlike uses such as a motel where all customers will be transient and do not have a vested interest in maintaining public safety, cleanliness or have ties to the community. 8. Will have vehicular approaches to the property which shall be so designed as not to create an interFerence with traffic on surrounding public streets: Existing street infrastructure is already in place at the subject property. A dead- end street ending in a cul-de-sac will be the primary point of entry to this facility. An opinion recently prepared for another dealership by Mr. Bruce Schafer, professional engineer in Salem, Oregon, indicates that the auto dealerships generate the lowest number of total trip ends per day and the lowest number of trips during the a.m. and p.m. peak hours, as compared to other land uses allowed on the site. Since the roadway system is impacted at the highest levels during the morning and afternoon peak hours, development of a land use with a lower total number of peak hour trips generated will have the least effect on the roadway system and any surrounding neighborhoods. This decreased traffic flow will require less traffic management by the city resulting in less traffic incident response. Flow and volume generated by the proposed use is substantially less than any other use that is permitted outright on this site. This use best suits the public need in that it not only provides an opportunity for the business to modernize, but also affords the convenience and availability to its customers that is required by today's auto dealerships. 9. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance: There are no scenic features of major importance on this site. Conclusion• This issuance of a Conditional Use Permit will meet and exceed the public need and fulfill the City of Meridian's long-term comprehensive plan goals, while causing less impact than any other uses permitted outright in this zone. We hope that this information will weigh heavily upon the Planning Staff and Planning Commission's decision to approve a Conditional Use Permit for this parcel. LEGAL DESCRIPTION OF PROPERTY DESCRIPTION THE PROPERTY of MERIDIAN INTERCHANGE PARCEL EXHIBIT A for LARRY H. CHETWOOD January 27, 1994 A parcel of land being a portion of the Southwest 1/4 of Section 18, T.3N., R.1E., B.M., in Ada County, Idaho, which parcel is more particularly described as follows: Commencing at the Southwest corner of said Section 18; thence North 89°43'32" East 701.34 feet along the centerline of Overland Road to a point; thence North 00°45'10" East 25.00 feet to a point, said pointheing the Real Point of Beginning; thence North 00°45'10" East 949.11 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 12°40'46", a radius of 1844.86 feet, and a long chord bearing North 77°19'59" East 407.43 feet to a point; thence South 00°44'58" West 375.70 feet to a point of curve on Bonefish Drive; thence along a curve to the left, said curve having a central angle of 122°18'41 ", a radius of 50.00 feet, and a long chord bearing North 60°24'28" West 87.59 feet to a point of curve; thence along a curve to the left, said curve having a central angle of 122°18'42", a radius of 50.00 feet, and a long chord bearing South 02°43'00" East 87.59 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 64°37'23", a radius of 20.~~0 feet, and a long chord bearing South 31°33'44" East 21.38 feet to a point; thence South 00°44'58"West 122.70 feet to a point of curve; thence along a curve to the left, said curve having a central angle of 30°44'58", a radius of 210.00 feet, and a long chord bearing South 14°37'31" East 111.35 feet to a point; thence South 30°00'00" East 110.26 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 30°44'58", a radius of 150.00 feet, and a long chord bearing South 14°37'31" East 79.54 feet to a point; thence South 00°44'58" West 150.81 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 88'58'34", a radius of 30.00 feet, and a long chord bearing South 45°14'15" West 42.05 feet to a point; thence South 89°43'32" West 20.00 feet to a point; thence South 00°44'58" West 15.00 feet to a point; thence South 89'43'32" West 393.94 feat to the point of beginning. Note: Cam^~:.?d from data of record. no; ,:, "e.c' survey • . PROPERTY DESCRIPTION of MERIDIAN INTERCHANGE PARCEL for LARRY H. CHETWOOD January 27, 1994 A parcel of land being a portion of the Southwest 1/4 of Section 18, T.3N., R.1E., B.M., in Ada County, Idaho, which parcel is more particularly described as follows: Commencing at the Southwest corner of said Section 18; thence North 89°43'32" East 701.34 feet along the centerline of Overland Road to a point; thence North 00°45'10" East 25.00 feet to a point, said point,~eing the Real Point of Beginning; thence North 00°45'10" East 949.11 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 12°40'46", a radius of 1844.86 feet, and a long chord bearing North 77°19'59" East 407.43 feet to a point; thence South 00°44'58" West 375.70 feet to a point of curve on Bonefish Drive; thence along a curve to the left, said curve having a central angle of 122°18'41", a radius of 50.00 feet, and a long chord bearing North 60°24'28" West 87.59 feet to a point of curve; thence along a curve to the left, said curve having a central angle of 122°18'42", a radius of 50.00 feet, and a long chord bearing South 02°43'00" East 87.59 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 64°37'23", a radius ~f 2J.~~u feet, and a long chord bearing South 31°33'44" East 21.38 feet to a point; thence South 00°44'58" West 122.70 feet to a point of curve; thence along a curve to the left, said curve having a central angle of 30°44'58", a radius of 210.00 feet, and a long chord bearing South 14°37'31" East 111.35 feet to a point; thence South 30°00'00" East 110.26 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 30°44'58", a radius of 150.00 feet, and a long chord bearing South 14°37'31" East 79.54 feet to a point; thence South 00°44'58" West 150.81 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 88'58'34", a radius cf 30.00 feet, and a long chord bearing South 45°14'15" West 42.05 feet to a point; thence South 89°43'32" West 20.00 feet to a point; thence South 00°44'58" West 15.00 feet to a point; thence South 89'43'32" West 393.94 feat to the point of beginning. 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KXII11S1T "A" to Wnrrnnty peed dnxed troy I7 , 199$. Cac1I A, 7'l~umatr, at ux.. Cruntbr. nsWi-'t~ar~orp, e= ,rr., Cran4ve t J..r ..~' ....,, r . ,~ '~.5 20833603 OCT-14-94 FRI 13:34 STEWART~TLE FAX N0, 2083360 P. 04 • ' •«re •~ oy~x:•3:~. ••••1'' • •~'i •~ • t1 • y •' i',• Far ValnO ~Wllved CgCIL A. T$pl!iA$ aad ~, . husband and wife, • ' .`~` • . ~+' ~ ds >~e6p- >r~R 6~1a, iW ana ao4~q tale ~ .~, ~J~! bIAN$ L. MDOR13, husband ~tpd vrife ~ .. . tr! •r~aes . wl~ aurrea~ ~ddroa ~ 1 ibbS Tbomu Drlw. • ioi.sf: ~ >D #~~! ~, • EMe h1lewiplt+Aaeaeller! W'ecglee~ Is Adtt• awArMtS~~inwt111 ' , .. .g>i$ ~CHIZSIr "A'~ ATTACK>~? 1i13RET0 4~b 8Y THIS ~ t~ ; ' A A/lpll' HkR80F A8 IP 8$T FOk'fEL 7~i FU1:1L. .. . • '', •,; t• ~ . ,;~; ' :?~ • ;. ~; . .. .. :~. ' '..•3 ~ *+r1~Pt 'Iv i[AV.S A)1TIy TD HO1.A the itld pr1e11pac, with tJteM sells ~ ~ ate ~ clcci r hetrK Md aenlRpA t4ievee~ JIpl1 the ig8d l~I~i M ~INrlrm!!i-~t-ttt~ with flee said ~iranlee ~l, that they er~etJsr ~~wp~es ie tie+liapiealeallli~r~r~tt~-tlily laws ~cq lamcelbeeAOea oxcepl: 1'eae>"Vxtfona oi' >"eo~+0. ~ +~s gcnarsl taxer sad irrigation ~aasessmea~ t~f any .it;~ trlr ~M1r 1lIM. +rhtch are Aot ye! dqt ~d ~ayabie~ a4d flit' C,~y wJl! wsrraeb aed dersnd t>N eecaa tree, a1! 4w[rl.aWr. ~w~• c,,..FRhCJifli:Y.~~....~ 1,980. •. C:v_c,~, • r ,~• °~.~.. M'!'ATS b!' IpA1t0, gQ~J~$~y pp AID - - o.. ~ 28th ' awolpebruary -ie$D, WMa ww, ~ ~6uy MrbUc is rnd ~r t!s ~atd SErlp ~. fly CKt:IL A , TNUMAS and • • MARGIN L;.1'lIUMAS, 1-usbenc! rotsd w![a, •~ ke~;rr ~e M. b kr cb. Pine w6mr 1~1 a AFe ~/terwt,W {!,u r1u,}n lodre w +a4 dap fe ar!~y`'' .. thvY rxrwfnl eltrrama. fYAT6 O! 7ii11E0„ dOf±f!!Y ,,/ 1ln~.tea.tlb~+t+ltri.e.rrw~i~r~ltt~IWIe;M . eM. ~rlpr+t ~d ~E !'il. • i~t7 • is itl- ~/ I~ ~rrnil~M~ri~ ~d dwfs rt ~ !~ ~~ 2083360348 10-14- 1:36Pm OCT-14-94 FR 1,3;35 STEWART~TLE {{ FAX H0. 20833,,(6 •~ __ .. rp: •w~•,..s•:d::i~:'Ae ~S?•~•!r!~•F,<~.+ '~f•'aayt~ ^~j'. •~.. ~~ y: ~. M .. ,i 1 ~ ~ ., ...1 ' ..^~ . ' ~~. :~~~ ~~.: ' .tea', ~ . T• ,'j •: tl~tlii>SI ~r ~~ :s rc~i 2: • A P+lerswl wf .1wa~A 'b-iag n portioa of Cowcaman6 1~aC 4 a~ <M ~- #~~ ~ ' 8+at'i~A1 li. ~'. ~. • tt. i8. ~ N.11. ~ Ada Oo~upxy~ Mahe +u~d ~ ,~ . • ' d~ribad as ieilwatt . • • tla~tApt.MK At A• MrauR RA 111trkl,n~ ~liA 6outhueet +aa'~ ~~ twM ~ ' ~t Lat d of ti~a AN 'l~4 0~ 9oael.os 11t tlwaeo ~brCh ~•A9'32" East 701x34 ~uoC ~.Z4M$ thb 8ar11r e[ tit ettd larvrl~pay~at Lst 4 of ehe SW i/b of SecC~s ~, t*id~ !s ~1)M t4a r~mrtasliiut at Ovet~.and Faad, ea a pbtete= f~eace ~'k+rth b`aS'IO" Fx~ae 'RZ8.69 facet to a point; 111 ssl,~ piM, bsla8 tha RtAi. pD11R OF tlEGl~lpt1D10; tbe~a continuing llo~cth 0°b5'i0" Bast 209.b9feet !~a a ,~ati . ttNracc ttarth 89.6'32" East 21bA7 fcet along, a ifae ^oretis,riP ~ ~1 pasal,lel al th Rba attid lbrtlu~xly xiEhr-of-wAy iios of ~r~aai ~ 1* M • Palate= tl~ata '~auth 0`b~•.~0" Est 203.49 ~aat re a point; . bL Soyth $9`63'32^ W88C 21#.07 fe+zt along a 2s~4e ~oe'tterl~ d~asN/ • ~rallel Mith the said lforeharly right-af-wmy line of ~ss],ud. Eo~N q q~~1, point of MRgianing, comprSainB 1.00 acre, mrra ox less. F:XII t ISI7' "I+" r•c, Id.~rron ty t?Qed daCed Fabs^ua ~7 , • 1980, f:vct t ~A. 19~aiq:,i, cat ux., Csnntor~ W nston Darr. cal rlr.. , f:r.,n1 rc 96% 2083360348 f ~: . 10-14-94 0 P. 05 SALES • SERVICE • LEASING P.O. Box 207 Meridian, Idaho 83680 (208)886-4403 OCTOBER 10, 1994 MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN CITY HALL 33 EAST IDAHO MERIDIAN ID 83642 RE: APPLICANT: MERIDIAN FORD CONDITIONAL USE PERMIT APPLICATION TO WHOM IT MAY CONCERN: THIS LETTER IS TO VERIFY THAT THE ABOVE REFERENCED APPLICANT AGREES TO ' POST THE SUBJECT PROPERTY LOCATED AT BONEFISH DRIVE AND OVERLAND ROAD, AND LISTED IN THE ATTACHED CONDITIONAL USE PERMIT APPLICATION. THE PROPERTY WILL BE POSTED ON OR BEFORE NOVEMBER 1, 1994. THE SIGNAGE WILL GIVE NOTICE THAT THE APPLICANT HAS APPLIED FOR A CONDITIONAL USE PERMIT FOR THE POSTED PROPERTY. THIS IS IN COMPLIANCE WITH THE CITY OF MERIDIAN CONDITIONAL USE PERMIT APPLICATION, ITEM #12, STATING.THAT THE PROPERTY MUST BE POSTED ONE WEEK BEFORE THE PUBLIC HEARING, SCHEDULED FOR NOVEMBER 9, 1994 AT 7:30 P.M. SINCERELY, MERIDIAN FORD LARRY C TWOOD OWNER SIGNED AFFIDAVIT FROM APPLICANT FOR POSTING SUBJECT PROPERTY. EXHIBIT E MERIDIAN FORD s SALES • SERVICE • LEASING P.O. Box 207 Meridian, Idaho 83880 (208)888-4403 OCTOBER 14, 1995 MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN CITY HALL 33 EAST IDAHO MERIDIAN, ID 83642 RE: APPLICANTS: LAWRENCE H. CHETWOOD AND SHIRLEY S. CHETWOOD CONDITIONAL USE PERMIT APPLICATION TO WHOM IT MAY CONCERN: THIS LETTER IS TO VERIFY THAT THE ABOVE REFERENCED APPLICANTS AGREE TO PAY ANY ADDITIONAL SEWER, WATER OR TRASH FEES OR CHARGES, IF ANY, ASSOCIATED WITH THE USE, WHETHER THAT USE BE RESIDENTIAL, COMMERCIAL OR INDUSTRIAL. THE APPLICANTS ALSO STATE THAT THEY HAVE READ THE CONTENTS OF THE ATTACHED CONDITIONAL USE PERMIT APPLICATION AND VERIFY THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. SINCERELY, MER IAN FORD LARRY ETWOOD OWNER 10/10/94 09:41 $208 888 4215 MERIDIAN FORD • REAL PROPERTY PURC)EIASE AND SALE AGREEMEI`?T Date: September 26, 1994 AGREEMENT TO SELL. Subject to and in consideration of the rnudial terms and conditions contained herein, Winston Ii Moore ("Seller"), hereby sells to Lawn.atce Ii Cbetwood and Shiley S. Chetwood (husband and wife, "Bttyer"), and 3uycr hereby purchases from Seller, the real property described below, PROPERTY. The property that is the s::bject of this Agreement (^t'roperty^) is the parcel of land identified on Exhibit A hereto, located in Ada County, Idaho, together with and, subject to the real ptopeny appurtenances thereto. Buyer aclmowlcdgcs its responsibility to independently investigate the suitability of the Property for its intended ttse and agrees to take it in the condition it is now in, without warranty by Seller except as expressly provided in this Agrc~ment PURCHASx ]r?rTCE. B~1yer agrees to bay to Seller as the Purchase trice t~'te product of ~ multiplied by the square footage of the area er;closcu by the Propcriy boundar}' as dc!ermincd b~+ a ;iccnsed surveyor to'?c ~agaaed by Seller as set far;h bolo~~~. Based on exs!ing 3:~ infor!halion, the 6~~rcnase Price is cstim^tcc! to ho apprex~matcll• ,~ The Purchase price shall be p::~~ahtc ~s lotlo~~•s: A... ~ in cash as earnest money to be •dcpositcci irk ;t,. interest bcaai~g account ~yith Boise Titic ~ Escrow, Ida ("Escrow Agent") in Boise, Idaho, by October 3, 199=1, suejcct to the Deposit provisions set forth belo"~ in the Condition Precedent paragraph. All interest earned on the Deposit shall be paid to Auyer, and the Deposit shall be credited against the Purchase Price at closing. B. ~in cash zia collected funds on the Closing J2te, G The balance in the form of a purchase money promissorti~ Wort secured by a first position decd of trust on the Property. The note and deed of trust shall in form and content be munklly satisfactory and shall provide for lltcsc basic terms: SALE OF DEAL1EItSfi~ PROPERTY. (a) Buyer shall enter into a binding cnntrac: to sell ("Dealership Sale Asreetnent") its e.~ng dealership property in 1`4cr!diaa. Idaho ("tDealet~hip I'ropcrry"), upon terms acceptable to Btner. Buyer shall deli<<er . copy of •the Dealership S<ile Agreement to Scl!_r upon its e~CCUtion, This condition ~ ~~~II be deentod ;:~ttisfcd unless by October ., 1. 1~i4~, Buyer notifies Seller of its failure to :rater into the Denlcrship Sale Agreemenr. r'~; ,~It conditions prcceJont to the closing cl' the D•xtlcrship Satc shall be resolved to Buyer's satisfaction. This condition shall be deemed satin,"red unless by December a 1, 1994, Buyer notlfics Scllcr of any such conditions that cannot be so resolved. UTILITIES. Seller shall ar its cost easrr>r that telephone, gas, electricity, sc~~ver and tivateir services ("Seller Provided Utilities") are avail<ble within the propeny or hom within public right-of--way adjoining N.te Property with sizing appropriate for commercial use, and Buyer shall make such other determinations as it deems necessary regarding am- other necessary utitity services. If any Seller Provided CltiliticS are determined not to be .currently available, then Buyer and Seller shall agree upon the date by which such services shall be made available by Seller. The conditions of this Para graph shall be deemed satisfied unless by necetnber 3I, 19)4, Buyer notifies Seller in tivriting otherwise, Rgpt. PR(IPFRTY1Prmr'uec>r elan yet n• nrv>r>rtv(EN'1' _ page l REAL ESTATE PURCHASE AND SALE AGREEMENT EXHIBIT B OCT 10 '94 08 43 In[crest rate: 8.5%, Maturity. April 15, 1995. Payments: Interest only, payable monthly. Prcparztlertt: Pcrntitted in t~~holc or part without penalty. Buyer shall cause the execution of such other documents as may be :necessary to pctieet Seller's security interest in tltc foregoing security, CONDITIONS PRECEDENT, Buyer's obligation to close This transaction is subject to the following conditions. 208 888 4215 PAGE.03 ~ 003 10/10/94 09:41 $208 888 4215 n LJ such notice to be based on (a) Seller failing to provide reasonable evidence of the availability of the Seiler Provided Jtiiities or Buyer and Seller's failure to ogee to reasonable availability dates for any Scllcx Provided Utilities not curretrtly available, ar (b) the determination by Buyer that any other ncccssary utility services are not available. BU'YIER•S ENVIRONMENTAL. Seller acknowledges that Buyer is selling its existing Meridian dealership property in conjunction with its purchase of the Property. Buyer shall use all reasonable efforts to obtain regulatory approval of the environmental condition of its property and of the satisfactory conclusion of any related rcmediation, and shall advise Seller in writing upon obtaining such approval. This condition shall be decmod satisfied if such approval is obtained by January 15, 1995, or such Later date to which Buyer and Seller may agree in writing. USE. Scllu ackrnowledges that Buyer intends to develop and improve the Property for as auto dc:aletship, and Seller shall have the right to approve the related site dcvclopmeatt and earterior architectural plans. Buyer shall by December 15, 199;1, deliver to Seller plans suEFcient in detail to permit assessment of the site devclopmcr-t and exterior arct~itcctural elements and materials cornpri~ing the improvencnts, and Seller shall 1-a~•c 10 days after receipt thereof to delivu to Buyer written objections to such plaas~ identife~ng with specificity the matter(s) to which Seller objects. The faii:ue or Seller to deliver ttoticc of objection(s) to such plans withir the .time provided s't<.11 conclusively constitute the approval by Seller of the Plans. Without the prior written approval by Seller of any material chazgca w such pleas, Buyer shalt be ob?9gated to devcloF Lhe Property in substantial c~nfornlil}• with tl-c plans approved by Scllcr. This condition. shall be deemed sa~isr:es+ unless as of 7,:^tka;.~ :•9~. er st-e;: Iz:.r date to ~+~hic!- Beyer nn. ~ ~._!(~r ,:~ n- _ .: +.?,c m . a~~ec i ; ;;.i;,n~. . rc are any u~.r::.a;=-<~ cl;icctions concerning such plans. 1FiNANCiNG. Buyer shall use its reasonable efforts to obtain a binding commitment from a batilc or other lending institution far the financing required by Buyer for the purchase and development of the Property as an auto dealership, and the construction of the bur`idings thereon, in such amount and upon such terms as steal[ be acceptable to Buyer in Buyer's sole discretion. This condition shall be deemed satisfied unless by December 31, 1994, -Buyer notifes Seller in writing of is failure to obtain such financing commitment. ZOMNG. Buyer shall use its reasonable efforts to obtain all governmental approvals and permits required for the irtpro~~emcat aad use of the Properly for an auto dealership, iaduding all such approvals required for ac=ess and signage, all upon terms acceptable to Euycr th its sole discrolion, 'This cotulition shall be deemed satisfied unless by becember 31, 1994, Buyer notifies Seller in writing of its failure to obtain such approvals. Seller agrees to cooperate with Buyer in connection n:th the obtaining of the governmental approvals and perr.~its, orovided that !hc payment of all ccs;c in connection thcretivith shall be the respo~sibilit}~ of Buyer. SOIt.S, ,ENVIRONNfENTAI. TESTS. Buyer shall determine to its o~.~n satisfaction the cnvironmcnk-1 condition ;-nd srnlc suitability of Q-c I'ropcri}r for its intended use. and Seller hereby grants to Buyer and Buyer's agems, contractors and employees, permission to enter upon the Property to conduct related tests and borings. Seller shall be entitled to copies of any such tact reports if this trarsaclion fails to close for &~y reason other than Scllrr's di:fault. Buyer rgrc~c to indenutify Seller :-ud the Property ag::inst all claims arisicg oul of or in connection with such entry and agrees !o .cs;::rc ~i~ surface ~nuro-!r of the Property upon ~oaclttsion of the s;-mc Seller shalt at Its cost , ;~~~ ida 'a copy of the Preliminary Nn~~irottal~ntt!? Assesstneal daiCd l~rnual}' 24. 1')9U, ~?'C~:lr~:? ht' Haz10\, lac.. ;uldressing a 21 acre r~ra_' a. which the Property is a part. Tlnis coneit?or- shall be deemed satisfied unless by Decclnbcr 31, 1994, f3ur•cr notifies Selle: in -trlting of the utlsatisfaclor?• conclusio-: of such determinations. REAL PROPERTY PL]RCHASE AND SALE AGREEMEM - Paoc 2 MERIDIAN FORD f7] 004 OCT 10 '94 08:44 208 888 4215 PAGE.04 10/10/94 09:42 '$`208 888 4215 SURVEY. Scllcr shall at its cost ~,y November 30, 199, ismish for Huyer's approval a survey of the Property prepared by a registered civil engineer or licensed land surveyor in a form and containing such informz*_ton as is required for the issuance of az ALTA extended coverage owner's poiiry of title insurance (if ordered by Buyer, the premium for such extended coverage in excess of that for standard coverage shall be paid by BcyC:). 3uyer shall in advance approve in writing the surveyor to be so engaged and the cost of such engagement. This condiii;,n sl>al! be deemed satisfied unless ti+ithin 10 da+-s aher deliver}- to Ht:y.r of suc1- survey Buyer notitics Seller in writins of its disappreva? ~~ amr matters d+s lased b such sun•c~r'. sr:!in~ the r~easonab?^ t~sis fcr ~ Suej; disappra+•;iE Eu}'er s1taL re::i7~lrce Sciice .or .he c_s! cf st,ch survey if this t;a:uaction fails to close for any reason other than Seller's default. SELLER'S OBLIGATIO1vS. Buyer's obligatioa~ to close is cor_ditioned upon all representations and warranties oC Seller contained herein beir~ true and correct, and all obligations of Seller being fully perfornied to the ea-tent required hereunder prior to closing, as of the Closing Date. TERMINATION. The panics hereto will proceed to a closing of this transaction unless, and only unless, by the respective dates set forth above, att~~ of the forcgcing conditions has not been satisfied or waived. if any condition is not timely satisfied or waived, which shall not be deemed a default by either party (except in the case of Buyer's failure to timely deliver plans for Seller's approval and Seller's failure to timely deliver the survey for Buyer's approval), this Agree...e,.t shall be deemed terminated, the Deposit shall be refunded in full, and neither parry shall thereafter be liable to the other hereunder. IC no such termination occurs, then e~:ceptin the cvC,nt of Seller's default hereunder, the Deposit shall not thereafter be refunded (but shall contimre to be credited against the purchase price at closing if a closing does occur). EXCHANGE OPTION. Either or both of Buyer and Seller may at their option effect the purchase OCT 10 '94 08 45 NO NOTICE. Seller itac rcxitied-no wtitlen notice from any goverttmcntal agency having jurisdiction of the Property of any violation of any statute, law, ordinance or regulations affectin; the Property. NO LITIGATION, ETC. There are no agreements to convey any portioG oC the Property or any rights thereto w any party other than $uyer, including ++'ithout limitation any government or go~emmcntal agency, and to Seller's best knowledge there is no pending or threatened litigation yr investigation which could result in litigation, condemnation proceeding, ann~ation or re-zoning proceeding aSccting the Property, and there are no govcrnmcntal assessments or local improvement district assessments pending. I,iAZARDOUS WASTE. Neither Scllcr nor, LO Seller's best knrnvlcdgc, arty person occupying or using the Property with the consent of Seller, has deposited or stored any hazardous materials or ++'astes on the Properly ++~ltilc the Seller has been the oa~ncr thereof. To the best of Seller's kno+vledge and other thar, as may be disclosed in the Phase One gtvironmcnl~l report to be furnished by Seiler as defined above (:) there are REAL PRAPERTY PURCHASE AND SALE ~,GREE;u1FNT -Page 3 MERIDIAN FORD and sr; c cf the rrapcrty t.~:ct;bli ; e?bird parry Section 1031 a~ciiangc, in which event the ether party shall cooperate to that end and execute such documents as necessary therefor, provided that the Closing Date is not delayed, that the other party iacurs no additional p.-pcnsc or liability, and that the provisions hereof survive any ~changc, and in which cvaat the exchanging pa; ty indemnifies the of^er pam' against all claims arising out of or in an}' ~~•ay connected +villt tLc ether property or its transt"ci, z;nd against all costs incurred by the other pam in the course of defc: d,no ^o^.inst the s;rme. SELLER'S VNARR_~1VTl£S AND REPRESENTATIONS. Scllcr nl;lac•. the following reprc~cnlaiian5 and w~ttr,anti~s La lS:a~_s. +t2th [he nnd~rstt~nding tlk,t the s;~me arc :::c:i.-ia1 i.o Buyer and that Bu~~er is relying on the s;nrr: ia: connection with the P:operty. Seller indetrr~iC~cs 1?uyer against am material damage or loss arising from .such rcpresenit~tions and ++•arranties ocit:b unwe of incorrect as of the Closing Date: 208 888 4215 PAGE.05 10/10/94 09:43 x`208 888 4215 MERIDIAN FORD u ao cavironmcntally hazardous materials or wastes cortitained or located on the Property or aay contiguous properly, (ii) there has not occurred on the Property or any contiguous property airy discharge, spillage, uncontrolled loss, seepage or~fli tration of oil or petroleum or chemical loss or solid liquid or gaseous products or other hazardous waste or toxic substance, and ("iii) the Properly has not been identified by any govern~csl;al agency as a site upon which, or potentially upon tivhich, environmentally hazardous materials have been or may have been located or deposited. Seller further warrants that it has not received any notice from any governmental agency which would indicate that there is a possibility that there arc environmentally hazardous materials or wastes contained or located on the Property. NON-FOREIGN STATUS. Neither Seller. nor any person comprising Seller, is a foreign person within. the meaning of ~ 1415 of the Irrternal Revenue Code of 1986. Seller shall sign an affidavit to this cta'cct to be d.lnrered to tre Btt,er at closing, including the tax identiScaUion numbers of Seller and each person comprising Seller. LEGAL PARCEL. The land comprising the Parcel is now, or shall be when thz same is conveyed to Buyer at the closing, a separate and distinct legal parcel created by a legal parcel split. in ,=cordance ~~~ith al! applicable la~~•s, Codes, ordinances and Teglllal1o11S. NO UIyJ CLOSED COND)<Ti01~'S. There are no C~cts or conditions k:tottm to Seller and concern€ns or rcl2dng to the Properly which hate nor been disclosed h~• Scllcr to Bu~•er ~~•hich would (:i pre;~c::; B~;cr Gom dc~~c::?gins and using u:: '-~rcpe..~ after the c!oci~g for the purpose descriozd hzreitl or (ii; rrateri;ally impair the `air n>arl:et value of the Property. NO VS"ETiANDS. i o Seller's best l:^owledge, no portiett o: rho Properh• is located in a wetland area, as defined by applicable federal, s'-ate or la~l laws, codes, ordinances or regulations, or in a designated or recostlized Aoodplain,. flood plain district,, flood hazard area or area of similar charactcriration, OCT 10 '94 05 46 TITLE ANA xNSURANCE. Seller shall at its cost cause Boise Title 8t Escrow, Inc. ("Title Compaary") to issue at closing a standard owner's policy of title insurance in Ute amount of the Purchase Price insuring tiUc to Ute Property in Buyer's name subject to the following ca;ccptions. Title to the Property shall be conveyed subject to the Title Company's usual and customary ~ccptions, the lien of taus and regular assessments For the year of closing. restrictivc covenants o_r record other costing restrictions and casements that ii; i3u~~cr's :casorablc opinion do not mtt[erially affect the value or development potential of the Property, reasonable perimeter utility easements, and other easements and restrictions not disapproved of in •tvritittg by Buyer within IO calendar days after its receipt of the Commitment for Title Insurance. ~rhich Seller shall dclivar to Buyer within 15 da~•s c,f the mutual execution hereof., together ~-rith a legible copy of each recorded exception shown in the Commitmsrtlt. If Seller ca~lnot remove arry• disapproved c~ecptions by the Closing Date, then unless such exception is accepted in writing by Buyer. this Agreement shall terminate, Buyer's Deposit shall be promptly rcfundcs in full, and neither par.}- shall thcrt~,ftcr be liable to Utc other hcreundc:. CLOSING -CLOSING AAT)E. The closing agent shall be the Title Company, a; :t•hose offices the closing stroll occur. The closing shall occur by January l a, t 995. CONdEYANC)C. Upon the 1'•.:-formance of the provisions contained herein, Sealer sl?:ail execute and deli~•:r io Puyer on the C'.osing D:+ie ~ s:a dard form Warrann• Dced com~eyir~g .fee simple ti[ie to the Property le Buyer subject only :J t?r: 4~:ccations set lot ~n alx+~•c. ~ oos CLOSING COSTS - FIiC~RhT:G`>!. Buyer and Scllcr shall e.1oh pay one-half eC t~ e -ccording fees and the closing aSenCs usual :tta;S :;~:siatnary closing fees. Property and irrigation ta~cs stroll be prorated as of the Closing Date. Any lee..1 fasts incurred by either party in conttec[iott with the consummation of this transaction shall be paid by the party incurring such costs. CLOSING 1<h1STRUCTIONS. The closing agent is instructed as follows: REAL PROPERTY PLItCHASE AND SALT AGR>rEMENT -Page 4 208 888 4215 PAGE.06 10/10/94 09:43 $208 888 4215 A. ~'io<::~ °:~:c:ucn[. Prepare closing statcmc«; ~; :.x°.cutioa b}• i3uycr and Seller in accordance r.~tlt the ;arms hereof. B. Rccci~c Payments. Collec: all finds to be reccit~cd Tram the pa: ties at Closing and disburse and pay rite same to the parties and such other persons or entities entitled to such funds. C. Collect, Record and Deliver Documents. Collect the various documents and information to be provided by Seller and Buyer and secure the required signatures and acknowledgmettu and record such dtx~tments as necessary and in the proper scq~~er-ce and deliver the same to the respective partite as required to close this transaction. POSSESSiOAT. Buyer shall be entitled to possession of the properly from and after the closing. COMMISSION. Subject to the closing hereof Seller s1tal] pay any sale commission due 'fhe Winder Company in accord with separate agreement between The Winder Company and Seller, Buyer and Seller shall otherwise ho]d each other harmless from other commission or finder's fee claims arising from the other's Conduct or representations. OPTION TO PURCHASE. At any time during tltc period ending on the dace which is nvo years froth the CIosing Date, Buyer shall have the right to purchase the parcel adjoining the Property as shown on Exhibit B hereto, containing appro~mately 6.36 acres ("Option Parcel"). subject to and upon the tecrns set forth below. Buyer may exercise this right only by giving to Seller within the abc-vc Option period written notice of its election to de sa. if no such nonce is timely given, then this Option shall lapse and be of no further force or effect. PURCHASE PRICE AND TERMS. The purchase price shall be the product of multiplied by the square footage of the area enclosed by the Option Parcel bolndar}- as determined by a licensed surveyor to be engaged by Sellcr as set forth below. Based nn c~isting area. information, the Purchase Price is estimated to be approximately ~ The OCT 10 '94 08 46 Purchase price shall be Q~,.r-:_ ir. cash at clasinC. TITLE AND INSURANCE. Seller shall at its cost cause a title company selected by Seller ("Tit]e Company") to issue at closing a standard otivner's policy of title insttran;.e in the amount of the Purchase Price insuring title 'to the Property in Buyer's name subject to the following exceptions. Title to the Property shall be conveyed subject to the Title Conzpany"s usual and customary exceptions. the lien of taxes and regular assessments for t he year of closing, easements and restrictive. covenants of record, and such other exceptions to title as aze usual and normal on property o: the type and in the vicinity of the Opvon Parcel. Seller shall cause the Title Compatry to deliver a Commitment for Title Insurance within 15 days of Buyer's ~ercise of this Option. TITLE. 'Title will be conveyed via standard form warranty decd subject to the permitted exceptions set forth above. SURVEY. Seller shall at iu cost furnish a survey. of the Property as required for the issuance of an ALTA extendoci coverage owner's policy of title ituurance (if ordered by Buyer, the premium for such eaterided coverage in excess of That for standard coverage shalt be paid by Buyc~). ~ 007 CLOSTtvG - COSX'S. The closing will be conducted by the '1'iile Compeoy, and shall occur ~~~tihin 3U days of 9~lyer's notice to Seller of its exercise of this Option, ; he 'usual and customary closing costs Rill be shared equally by Sellcr and Buyer. Propery and itzigation taxes will be prorated as of the day of closing. Any legal costs incurred by either party in connection .vith the consununation of this transaction will be paid by the party incurring such costs: Buyer claims ; o sides commission in connection hcre~ti•ith. gnu Seller and Buyer seal! hold each other harmless 1"tom commission or finder's fee claims arising from the other's conductor representations. ;u%,FAULT. If the ciosirg of thi: Cp:ion fails to occur due to the default of a p~rn•, in addition to REAL PROPERTY PURCHASE AND SALE A ;RFEMFNT -Page 5 MERIDIAN FORD 208 888 4215 PAGE.O? 10/10/94 09:44 '8`208 888 4215 any other remedies in law or in equity available to the' other parry, the defaulting parry shall reimbtusc the other party all costs and expenses reasonably i_*!~*;ed by the outer party ir. conn~do^. with such transaction, including but not limited to attorney's fees, appraisal fees, survey costs, and title comparry charges, but not to exceed 55,000 in the aggegate, SELLER'S WARRANTIES A N U REPRESENTATIONS. Seller makes the followinb representations and «•ar;/,:n'wa to Buyer, with the understanding that the :amc arc material to Euyer and that Buyer is rclyine on the same in cotutection with the decisicr, of Buyer to e,:ercise the Option and close t,~e purchase of the Option Parcel. Such represe-~a.ions and ~~•arranlies st-,all lx tn~c ai?d eorrect.•:: tie date aS this ,~.rccatcnt :-rd on t;ic date cf t^c c'~s~*_t~ vi~ ti,C ~11CCIlase Vi t`ic pptiorr Parcel ;,~• Buyer: ape sna6t survi~'e nc~ closing. Buyer's v}~ligation to close is canditic::;ef' upon such representa~ions and ?varranties Gcirtg true and cor.~cet as of the Closing Date. Seller iadernni:,es Buyer against any matcri:tl dimagc or loss arising from such represent~~tioa and warranties being untrue or incorrect as of the Closing Date. NO NOTICE. Seller lass received nn written notice from any gonrcmmental agency having jurisdiction of the Option Parcel of any violation of any statute, law, ordinance or regulations affccung the C}ption Peace[. NO 1:.1.TYGATTON, ETC. There are no agreements to convey any portion of the Option. Parcel or any rights thereto to any parry other than 1=3uyer, including without limitation any government or grn~crnmental agency, and to Seller's best knowledge, there is no pcru3ing or threatened" litigation or irrvestigatiott which could result in litigation, condemnation proceeding, annc~ation or re-zoning proceeding aJlecting the Option Parcel, and are no governmental assessments or local improvement district assessments pending. r~ HAZARDOUS WASTE. Neither Seller nor, to Seller's best knowledge, airy person occupying or using the Cation Parcel with the consent of Seller, has deposited or storcci any ha~,3rdous materials or wastes on the Option Parcel while the Sc]ler had been the owner thereof To the best of Seller's knowledge and other than as may be disclosed in the Phase Gne environmental report to be furnished by Seller as dc5ned alwve (i? there are no *rrvironmantally hazardous materials or «~astes wntained or located on the OpticR Aar-.,cl or any cnnti;uous prapcrry. (~; i li~zrc has not occurred on the Opti0?` ?arc=: or any contigatous properly am d•>t::a~ee, sp911age, uncontrolled loss, seepage or li~traron of oil or mtrolcum or c:?e;nit:a. `+,~- ~: ° cn?id tigL'id or gaseous product; o. _~"~+,:+ hazardous ~~'aste or toxic subsla~~cc, i:?d (iii) the Option Parcel lras not be~r~ ~ ?:,~aified by any Svt•crnmcnt<~1 a~cnr: as ;+ arc upon which, or poterilially upon ~vhicl:_ cnvironmcnta]ly hazardous materials ha~'c been or may have been located or dc;posit~d. Seiler further warrants that it has riot tct:c~~+cd any notice from any governntrrnt31 agency which ti~ould indicate that there is a possibility that tl?erc are environmentally hazardous materials or wastes containeJ or located on the Option Parcel. NON-FOREIGN STATUS. Neither Seller, nor any person comprising Scllcr, is a foreign person within the meaning of `1445 of the Internal Retenuc Code of 1986. Seller shalt sign a:r affidavit to this ctFcct to be delivered to the Buyer at closing, including the tax identification numbc~s of Seller and each person comprising Sellet. LIrGAL PARCEL. The land comprising the Parcel is now, or shall be when the same is conveyed to Buyer at tttc clositrQ, a separate and distinct legtrl parcel created by a legal parocl split in accordvrce with all applicable laws, codes, ordinances and rnculalions. REAL PROPL-RTY PURCHASE AND SALE AGREEN!FNT -Page G MERIDIAN FORD ~ooa OCT 10 '94 084? 208 888 4215 PAGE.08 10/10/94 09:45 X208 888 4215 • NO UNDISCLOSED CONDITIONS. There are no Pacts or conditions known to Seller and concerning or relating to the Option Parcel which have not been disclosed by Seller to Buyer which would (i) prevent Buyer from developing and using the Optior. Parcel after the closing for the purpose described herein or (ii) materially impair the fair market value of the Option Parcel. NO WETLANDS. To Seller's best knowledge, ao portion of the Option Parcel is located run a wetland area, as defined by applicable federal, state or local lays. codes, ordi,-!ar,ces or regulations, or in a designated or recognized floodplain, flood plain district, IIood hazard area or area of similar characterization. ADDITIONAL ACTS. Each p:~ny a3rres to take sue:; other actions as may reasonabh~ be required. to consummate this transaction, and to afford each ocher reasonable cooperation towards that end. RIGHT OF FIRST RF,FUSAL. Notwithstanding this Option, Seller may at any time market the Option parcel for sale subject to the following reslriclions. Upon Scilcr's receipt of a bona lade offer from a third party for the purchase o.`the Option Parcel. which cT r Eller desires to accept, 3uyer shall have the right ("Fi:st P.:6"rt"; Ter a ~riod of 3U da>'s at?cr receipt of written nc;6x "Notice cf ~,3ffcr") oC ShC LCr^.~;- :~f S.'lld Gf::r l0 UW~I:BS^, l~l~ :~~1::.11 Parcel ~ ~~t: ';c sa=_te ~crms Ind coi~~itions as Srt f~Jrt~: :7! !i1C OiiLr. if ~t:)'~' fa1tS \~Ith111 j~ days of s;:ch notice to gi~~e written 'Oticc of its election t~ cPFect such purchaso. then ~c;it~r n>a~ sell the ~~ption Parcel to said bona fide offeror, thereoy tic-!7::!4Lino" tlus Optio:. and FirSl R.iglll. If the sale to said offeror fails to take place within 9A da}~s after the date for closing set fonh in tine offer, then this Option and First Rig11t shall continue in full force and effect, and any future sales by Seller shall continue to be subject to the notice restrictions set fonh herein. During the period beginning on rite date of Buyer's receipt of any Notice of Offer and ending en the earIicr of (a) 90 days after the date MERIDIAN for closing set fonh in the otI'cr, or (b) the dissolution of an} asreetnent between Seller and the offeror regarding the Option Parcel, Buyer's Option shall be deemed suspended, and may not be exercised, Buyer's purchase r~hts being limited during such period tic the teems of this First Ricltt. The sale of the Option Parcel by ScIlcr shall constitute a tcrn~itsta:: c!f Suye:'s Option and First Right, provi~cd 3uycr has first. been given the opportunity to cxer;,ise iu First Right as set forth in this paragraph. ASSIGNMENT, SUCCESSION. This Option and First Right may not be assigned by Buyer, bu[ shall inure to the benefit of FjL~'C:'S heirs and personal rcpresentativcs. MEMORANDYJM. The parties agree that neither s11a11 record this Option but, instead, the parties shall execute a memorandum in the form of ahtbit C attached hereto ~~'hiclt shall be recorded in the otlicial rccorua of Adr~ Counry, Idaho. REMEDIES -ATTORNEYS FEES. If either party fails to perform in accordance ~.vitl! the terms of this Agreement, cacti shall be cntill~l to all rights available at law or in equity. Tn !tic cc-en[ of any dispose hcret!nder, the prev:!ilin2 pa:t}~ shall be cntiGcd :v rcasonablc auorncs~s fcis AbD: = ION~tL AC'i"S. Each p.t;. ;~?rces to faire such other actions as may rcasonahh~ he required to consummate this transaction, ~~~~! •,, ;:fior6 each other rcasonstble cooperation to~~~a: l< .;,a~ end. GOvEIt:'VNG LAVt~'. Tlus . _r~cntcnt shall be go.~:rncd b~~ the la«~s of the Stag ~ ~I' i~'.:!{~u. 'fIM1TE, Sl;VE~il3iLi'x't<'. Time s of the essence of this Agreement, and each par!;~ !.~cr~to agrees to promptly' peribrm such acts ;!s are reasonably required in connection heretiaith. !Can}• provision of this Agreement to any extent is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement , shall not be allected thereby. NOTICES. Any notices reouircd la be given ltcrcundcr shall be given in writing.:iddressod to the respective panics at their addresses as set forth REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 7 OCT 10 '94 08 48 208 888 4215 PAGE.09 10/10/94 09:45 $208 888 4215 MERIDIAN FORD below, and shall be deemed effecCive when personally delivered or 24 hours a8er deposit in the U.S. mail, postage Prepaid, certified with return receipt requested. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the panics, has been entered into in reliance solely on the contents hereof,. and shall not be modified exccpC in writing signed by both parties. This 'A~reement supersedes any previous a~eements, tivritten or oral, betwerrt the garties hereto. BINDING EFFECT - SURVIN.A.L. This Agreement and all instmments and documents referred to herein or contemplated hereby shall be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto and shall survive the closing of this transaction and the transfer of title to Buyer, and shall retrain in force and effect in accordance with their certtts. -~ r Winston K Maore,v ~ R~ PO Box 3204 Boise ID 83707 Date: OCT 10 '94 08 48 • ASSIGNMENT. N~thcr pa_rCy stay assign its interest herein without the prior bv;ittzn consent of the other. RECORDING. Neither parry shall record this Agreement or the terms hereof vithout the other's express prior written consent. AGENCY DY5CLOSURE. The parties hereto acknowledge that The Winder Compatry represents the Seller, and cash party has received and had opportunity to read a copy of the Idaho Real Estate Commission agenry disclosure brochure dated January, 1989. OFFER EXPIRES. This Agiccmcnt and Seller's e,~ecution hereof shall at Seller's option be deemed null and void if by October 3, 199, either (a) Seller or Seller's Listing Broker has not received as original of this Agreement eiecut^,cl by Buyer, or (b) the Escrow Agent has not received the r~eh Deposit ~ -- Lavrcnco H. Chct~~rood / ,. ~ ~-~e Shirley S. Chct~ PO Box 207 Meridian ID 836$ Date: y o7y ~E~r P1OPc~.i'.t.•~•!-ZCr1nSF Al\'O ~A1.E ~.c;T;=Fh1ENT - F,i~ S 208 888 4215 PAGE. 10 17J 010 Property Owners within 300 feet of proposed Meridian Ford Site: Flying J. Inc. 50 W 990 S P.O. Box 678 Brigham City, Utah 84302 Mr. & Mrs. Vance Cope 130 E. Overland Meridian, ID 83642 Mr. & Mrs. Winston H. Moore P.O. Box 8204 Boise, ID 83707 Cecil A. Thomas P.O. Box 8204 Boise, ID 83707 Southern Development Co. 1650 S. Pacific Coast Redondo Beach, CA 90277 The Terteling Trust 877 W. Main St. Suite 706 Boise, ID 83702 - 5858 Queenland Acres Inc. Carol Lotspeich 1032 Cayman Dr. Meridian, ID 83642 Patrick M. Thacker 165 E. Overland Meridian, ID 83642 Katherine B. Jones 809 N.W. 36 HWY Comanche, TX 76442 John & Neta Gaige Trust 1675 S. Country Terrace Way Meridian, ID 83642 Sidney W. Harmon Deborah A. Harmon 1637 Country Terrace Way Meridian, ID 83642 Daniel P. Aulbach Diana L. Aulbach 1674 Country Terrace Way Meridian, ID 83642 LIST OF PROPERTY OWNERS WITHIN A 300' RADIUS OF SUBJECT PROPERTY. EXHIBIT D Aron L. Tarrant Sandra L. Tarrant 1636 Country Terrace Way Meridian, ID 83642 David A. Kline.. 1635 Gibson Meridian, ID 836.42 Marvin L: Rundell Norma L. Rundell 1677 Gibson Meridian, ID 83642 Victor E. Walstrom Diane Walstrpm„ 1676 Gibson Meridian,ID 83642 Jay T. Stevenson Kathleen J. Stevenson 1634 Gibson Meridian, ID 83642 eridian, Idaho 83642 888-4433 • Customer's Order No. Name G. ~ )____~_19y Date ~~~~ Address Phone: SOLD BY CASH C.0.0. CHARGE ON ACCT. MDSE. RETD. PAID OUT C ~, ~ ~•,~~ 'J ~~'~. I ,fir ,~ I I I I AO_ctaims and returned goods MUST be accompanied by this ba-' TAX ~ 0 ~ 3 ~ 7 7 Byceived TOTAL GT~ /_ i ~~ G5 40Z 4 PRINTED IN U.S.F. 1932 L: H. CHETWOOD SSN 500-42-9247 9211 W. PEBBLE BROOK LN. 853-9211 BOISE, ID 837~~,03///~~~ ~~. PAY TO THE ti/ ORDER OF ~~_ L/~/} First Fint Security Bank o/Idaho 5ecunty p0• ~ 627 Bank ® Meridian, Idaho 83642 FintLine 393-4200 MEMO is L 24 L00064~: L87 L L660 92-8/1241 19~ /A~ n "~/n // ~~ _ ~JOl,l~/II/~11 . I `~" 1 ~1DOLLARS LLII' L932 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 p.m., on November 9, 1994, for the purpose of reviewing and considering the Application of Lawrence and Shirley Chetwood, for a Conditional Use Permit for a parcel of land located in the SW 1/4 of Section 18, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located Southeast of Interstate 84 and Highway 69. The Application requests a Conditional Use Permit for an Automobile dealership including sales and service for new and used vehicles. Amore 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. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of October 1.994. ~....~~ WILLIAM G. BERG, JR., ITY CLERK ~_, ,~ • 0 z 0 1 ~\ `d q' (r o zV µ~l HIGHWAY 69 ~.._..., :~ :~ :~ : MERIDIAN ~ ~'. ~'. :~ ~'. .` : ~ N Z N ~ > N y m S '-' Z m r e; ~ , o r N ~ N d^ n 1 ~ n {O O _ ' J N ' 7 z -i ... ~-. b C'~ r r m ~ ~ ~~~~~~~ S EP 1 4 1995 CITY OF ItitI;RIDIAid '~a~~a. & ~f~~d~a~c ~l~gauok D~ict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 12 September 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Keith L. Jacobs, Jr. Boise 345-2431 Pacific Land Surveyors 290 North Maple Grove Road Boise, Idaho 83704 Re: Meridian Ford/Revised Construction Plans Dear Keith: Nampa & Meridian Irrigation District has reviewed the revised con- struction plans for the above mentioned project. The plans show that a sand and grease trap will be installed in the outlet end of the discharge pond and they show that a six inch orifice will be placed in the discharge line to restrict the flows to the pre- development amounts. This will meet the District's requirements and will complete this phase of our review. Nampa & Meridian Irrigation District does require an agreement for the return flow back into the District's Tenmile Drain. Please contact the District's attorney, Daniel Steenson, at 342-4591 and request that he prepare a License Agreement for discharge. Once the signed agreement has been returned, it will go before the District's Board of Directors for their consideration at the next regularly scheduled board meeting. After the agreement has been approved, construction may commence and Nampa & Meridian Irrigation District will rave no further comments regarding this project. If further discussion is required, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bill Henson y of Meridian Ada County Highway District Rider 4 APPROXIMATE IRRIGABLE ACRES F i 1 e RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 A~iG 2 $ 1995 Cl~`Y Ut ,v~r,-,-u-IAh ~a~ryia & ~~entdlaci ~Innigat~oas ~iQ~sict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 25 August 1995 Keith L. Jacobs, Jr. Pacific Land Surveyors 290 North Maple Grove Road Boise, Idaho 83704 Re: Meridian Ford Dear Keith: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Nampa & Meridian Irrigation District has received and reviewed the revised storm water calculations for the above mentioned project. The calculations indicate that the discharge flows will meet the District's requirements. However, we only received calculations with sketches. We would like to see construction plans which show all of the changes that were previously requested. Nampa & Meridian Irrigation District does require an agreement for discharge of any water back into our facilities. In this case, the discharge flows back into the Tenmile Drain which is located west of the property. Please contact the Irrigation District's attorney, Daniel Steenson, at 342-4591 and request that he prepare a License Agreement for discharge. Once the developer has signed the agreement, it will go before the District's Board of Directors for their consideration at the next available board meeting. If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp John Caywood/Bureau Bil~enson ty of Meridian Ada County Highway Rider 4 File of Reclamation District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ ~ RECEIVED J U l 2 9 1995 CITY OF MERIDIAN ??a~~r~ia. Bi ~~,~dcac~ ~Ifiatgat~aac De~z~ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Areo Code 208 Keit~- Jacobs Pacific Land Surveyors 290 North Maple Grove Road Boise, Idaho 83704 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: Meridian Ford Dear Keith: Nampa & Meridian Irrigation District has completed a review of the construc- tion plans and storm water calculations for the above mentioned project. The plans indicate that storm water from the project will eventually end up in Nampa & Meridian Irrigation District's Tenmile Drain. The plans do not show a system that will adequately clean the silt and grease from the run-off. The run-off must be cleaned before the water can be returned to our system. The District will require the installation of a sand and grease .trap, appropriately sized to pre-development flow, prior to the run-off entering your pond. Your pond outlet pipe needs to be resized or needs to have an orifice placed to limit the discharge flows to pre-development amounts. Nampa & Meridian Irrigation District will require an agreement for the return flow. Contact Daniel Steenson at 342-4591 and request that he prepare a License Agreement for discharge into the District's Tenmile Drain. Once this agreement has been signed, it will go before the District's Board of Directors for their consideration at the next available board meeting. Please submit the above requested changes for review. If you feel further discussion is required, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bill Henson Rider 4 of Meridian Ada County Highway District File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 July 25, 1995 ~ ~ Meridian City Council January 3, 1995 Page 8 Kingsford: You are saying that is R-15 now Shari? Stiles: Yes that is what is shown on my map I believe. Kingsford: What is the Council's pleasure? Do you want to withdraw the second and motion and amend that portion of it, have it revert to R-15 instead of R-40? (Inaudible) Kingsford: You withdraw the second? You withdraw the motion? Tolsma: Mr. Mayor, I move we approve Ordinance #688 with the addition in Section 3 on page 1 property shall be subject to rezone back to R-15, with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of Ordinance #688 with suspension of the rules, and to amend Section 3, line 2 to rezone back to R-15 instead of R-40, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Toslma -Yea MOTION CARRIED: All Yea ITEM #13: ORDINANCE#689 - DANBURY FAIR ANNEXATION: Kingsford: Mr. Freckleton, the assistant to the City Engineer has reviewed the legal description and has found some discrepancies in the description. The third parcel doesn't include half of the right of way on Locust Grove Road. He recommends it be tabled until we have the correct legal description. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the Danbury Fair 5, 6, and 7 annexation Ordinance until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: CONDITIONAL USE PERMIT REQUEST BY LAWRENCE AND SHIRLEY a • Meridian City Council January 3, 1995 Page 9 CHETWOOD: Kingsford: At this time I will hear from the applicant or his designee. We want to hear your song and dance, we don't get Larry here very often so let's hear about it. Chetwood: Always a pleasure to come before the Council Mr. Mayor. I am Lany Chetwood, the owner of Meridian Ford, we made an application to the City to rezone the area on Overland, you all have it in front of you I assume, to relocate our dealership. Just a brief update on what has happened, Alan Gilso of the GGA Architectural Group will replace-the VP group who has gotten me this far, with Shari and the Council and will get into the final design of building. We will have West One do the construction financing and we will have (inaudible) will be the contractor, that just happened today. I guess I would like to express to the Council an issue that could come up regarding a large investment on my part. This new dealership, and I guess I have to say of all the things that I have to deal with in the business, oil embargoes, interest rates, product shortages, all the things that a car dealer faces the one that scares me the most is the local options tax. I am making a large investment here and if that kind of tax makes me uncompetitive in the market it could be devastating to my business. Just laying the groundwork for any future kind of issues knowing the position you assume (inaudible) on that. That said the only outstanding, I think Shari correct me if I am wrong, the only outstanding thing that we have is the landscaping issue and I think you all are working on a new ordinance that would cover car dealership types of construction and requirements there and I hope we can reach an agreement on that at some future date. Meridian Ford property will be sold to Zamzows on January 31st and I will be the proud owner of some new farmland over on Overland. Any questions you have for me? Kingsford: What is your construction time table Larry? Chetwood: Really the driving force here is that I have to be out of my current facility on October 15th, I become a renter to Zamzows. So it had better be by October 15th. That is the latest date. Kingsford: Does Council have any questions for Mr. Chetwood? Thank you Larry, I appreciate your interest and investment in Meridian. Has the Council reviewed those findings? Morrow: I have Mr. Mayor, I have just a quick question with respect to the trees. I know that we are working on the ordinance to (inaudible) landscaping stuff. It seems to me that even with, I have looked at the site plan showing 104 trees and that seems to me to be even beyond the line of reasonableness, that is a bunch of trees on a reasonably small parcel of ground. And the maintenance of that would I think be an almost full time job in • • Meridian City Council January 3, 1995 Page 10 the fall for one person. I think that when we restructure the ordinance that we might bring to this a little more common sense. I don't know what the source of this was but it is clearly outside the bounds of reason from my perspective. Kingsford: Any other comments from the Council? Is there a motion on the findings? Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law as presented from P & Z, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Entertain a motion on the conditional use permit. Morrow: Mr. Mayor, I would move that the City Council of the City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the conditional use permit with the conditions placed in findings of fact and conclusions of law for the applicant, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: CONDITIONAL USE PERMIT REQUEST BY WOLFE-WHEELER DEVELOPMENT GROUP: Kingsford: Entertain comments from the developers representative at this point. Wheeler: My name is Clyde Wheeler, (inaudible) we are looking to move another used car dealership along with some of our parts service and body shop into the Meridian area. We currently operate dealerships in Nampa-Caldwell and Boise as well. Today we met with Shari, I think we have a good site plan for the particular location that we are at. We • MERIDIAN CITY COUNCIL MEETING: JANUARY 3.1995 APPLICANT: LAWRENCE AND SHIRELY CHETWOOD ITEM NUMBER; 14 REQUEST; CONDITIONAL USE PERMIT FOR AN AUTOMOTNE DEALERSHIP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~Q~ v ~' ~'" V" ~~ ~~ ~~ ~ ~' c~ Y~~~ ~'~ c~~ ~ ~~" ~%~ ..~~ Sri -~ ~7s~'a° ~~ ~~f~2 ?,oc•> f • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM: November 1, 1994 To; Mayor, City Council, Planning & Zoning ~~~~~~~1~ NOV0319~4 From; Bruce Freckleton, Assistant to City Engineer CITY t3 I~icrs>I1~fN1'ti Re; AUTOMOTIVE DEALERSHIP (LAWRENCE & SHIRLEY CHETWOOD) (Request for Conditional Use Permit) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Any existing irrigation ditches crossing the property to be included in this platting, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. 2. The City of Meridian owns and maintains a Sanitary Sewer line along the northerly boundary of the subject parcel. The Sewer line falls within a 20 foot wide easement that was granted to the City of Meridian on 7/31/90 by Winston H. Moore. This easement was recorded into public record as instrument number 9049401 on 9/12!90. From time to time the Meridian Sewer Department performs maintenance on all mains within the City, therefore access to this line must be protected. No permanent structures will be allowed to be placed within said easement. 3. Water service to this project will be from an existing 8 inch City main located in the cul- de-sac. 4. Assessments for Sewer and Water will be determined during the building plan review. 5. Existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 6. All Off-Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-414 of the City of Meridian Zoning and Development Ordinance. C: \WPWIN60\GENERAL\CHETWOOD. P&Z • • 7. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. C: \WPW IN60\GENERAL\CHET WOOD. P&Z • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning MEMORANDUM GRANT P. KINGSFORD Mayor TO: Planning & Zoning Comm' sion, Mayor and Council c~ /~-aG-,-~ FROM: Shari L. Stiles, Planning Wing Administrator DATE: November 4, 1994 SUBJECT: Conditional Use Permit for an Automotive Sales Lot -Meridian Ford A total of 143 three-inch caliper trees are required for the site plan submitted. The site plan shows a total of 104 trees. The Applicant should work with a certified arborist to ensure that the trees can survive as shown with only 15 feet between them. I would recommend that the asphalt be further broken up with landscaping at maximum 150-foot intervals. The large volume of three-inch caliper trees needed may deplete inventories of area nurseries, and phasing may be required. Bonding for the landscaping and other improvements may be appropriate. The 35-foot setback along Interstate 84 will need to be landscaped. All building plans will need to be reviewed for compliance with the Comprehensive Plan and the Zoning and Development Ordinance. The area shown as a leased site will need to comply with the Comprehensive Plan in regard to a 35-foot landscape setback along Overland Road, as well as the Zoning and Development Ordinance. If the property has been split since June 1984, a subdivision application will need to be submitted for approval by the Meridian City Council to divide this property into legal lots. The Applicant has been very cooperative and eager to work out details. I recommend that the Conditional Use Permit be approved subject to meeting staff and agency conditions. • HUB OF TREASURE VALLEY • OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk S W y CITY OF MERIDIAN RONALD R. TOLSMA ROBERT D.ICORRIE GARY D. SM TH City Eng P.E eer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 Planner a Zoning Administrator W.L. BILL GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 1. 1994 TRANSMITTAL DATE: 10/17/94 HEARING DATE: 11/9/94 REQUEST: Conditional Use Permit for an automotive dealership BY: Lawrence. and Shirley Chetwood LOCATION OF PROPERTY OR PROJECT: Southeast of Interstate 84 and Highway 69 JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLA ON(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: y~,,y~: ~y a ~... 11 llC ~i~ • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., Cily Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CoRRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. T w s t 33 EAST IDAHO SHARI STILES , waste ater up . JOHN T. SHAWCROF Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman -Planning & Zoning ~: Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 1 1994 TRANSMITTAL DATE: 10/17/94 HEARING DATE: 11/9/94 REQUEST: Conditional Use Permit for an automotive dealership BY: Lawrence and Shirley Chetwood LOCATION OF PROPERTY OR PROJECT: Southeast of Interstate 84 and Hiahwax 69 JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, PIZ -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~Q -~ YOUR CONCISE REMARKS: ALL C~ 01.Q S A n~ IJ G I r~ f ~e ~ Slc-~Jp ti S 9 r L L !-J ~ .Jr1 / ~ .~ ~~ t, ~~~J-e'er • ~~ ~' GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary ~: ~:1d G_ ........,.... xWr ~ ~ f` r..y .. `3 Cn'Y (~F ~~y~~~~ November 10, 1994 TO: LARRY CHETWOOD P.O. BOX 207 MERIDIAN ID 83680 FROM: Karen Gal h inator Developm s SUBJECT: MERIDIAN CU - BONE H PLACE AUTO SALES Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on November 9, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron MERIDIAN CITY; FALL ,~ ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 MERIDIAN FORD 3 MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN CITY HALL 33 EAST IDAHO MERIDIAN, ID 83642 SALES • SERVICE • LEASING P.O. Box 207 McMdian, Idaho 83680 (208)886.4403 OCTOBER 14, 1995 RE: APPLICANTS: LAWRENCE H. CHETWOOD AND SHIRLEY S. CHETWOOD CONDITIONAL USE PERMIT APPLICATION TO WHOM IT MAY CONCERN: THIS LETTER IS TO VERIFY THAT THE ABOVE REFERENCED APPLICANTS AGREE TO PAY ANY ADDITIONAL SEWER, WATER OR TRASH FEES OR CHARGES, IF ANY, ASSOCIATED WITH THE USE, WHETHER THAT USE BE RESIDENTIAL, COMMERCIAL OR INDUSTRIAL. THE APPLICANTS ALSO STATE THAT THEY HAVE READ THE CONTENTS OF THE ATTACHED CONDITIONAL USE PERMIT APPLICATION AND VERIFY THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. SINCERELY, MER IAN FORD ~~ LARRY ETWOOD OWNER MERIDIAN FORD MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN CITY HALL 33 EAST IDAHO MERIDIAN ID 83642 SALES • SERVICE • LEASING P.O. Box 207 Meridian, Idaho 83680 (208)888-4403 OCTOBER 10, 1994 RE: APPLICANT: MERIDIAN FORD CONDITIONAL USE PERMIT APPLICATION TO WHOM IT MAY CONCERN: THIS LETTER IS TO VERIFY THAT THE ABOVE REFERENCED APPLICANT AGREES TO POST THE SUBJECT PROPERTY LOCATED AT BONEFISH DRIVE AND OVERLAND ROAD, AND LISTED IN THE ATTACHED CONDITIONAL USE PERMIT APPLICATION. 'THE PROPERTY WILL BE POSTED ON OR BEFORE NOVEMBER 1, 1994. THE SIGNAGE WILL GIVE NOTICE THAT THE APPLICANT HAS APPLIED FOR A CONDITIONAL USE PERMIT FOR THE POSTED PROPERTY. THIS IS IN COMPLIANCE WITH THE CITY OF MERIDIAN CONDITIONAL USE PERMIT APPLICATION, ITEM #12, STATING.THAT THE PROPERTY MUST BE POSTED ONE WEEK BEFORE THE PUBLIC HEARING, SCHEDULED FOR NOVEMBER 9, 1994 AT 7:30 P.M. SINCERELY, MERIDIAN FORD ~ar7~ LARRY C TWOOD OWNER SIGNED AFFIDAVIT FROM APPLICANT FOR POSTING SUBJECT PROPERTY. EXHIBIT E CENTRAL •• DISTRICT ~1'rHEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division 0 ~ T 2 6 1994 Return to: ~11~Y ~~ ~~rit~~A~~ Conditional Use # ~7or~t9n/~ ~}~,~rG~-rc s~ „~ Preliminary /Final /Short Plat ^ Boise ^ Eagle ^ Garden city .Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ,,~] 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~, central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ~- 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,® 13. =~ ff-i~~ ~'~~1.-y~.[~i9~7v.-/ jvsz :ST~r~~y~,~'~iZ Date: ~~ l a l~ /'~m/Rt~~ Fi~/7' Reviewed By: '~ CDHD 10/91 rcb, rev. II/93 jll CENTRAL • • ~! ~ DISTRICT D E PA R T M E N T MAIN OFFICE • 107 N. ARMSTRONG PL • BOISE. ID. 83104 • (208) 315-5211 • FAX: 321-85fA To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and qualify of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal.. and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best. Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado ~9 P~J~ Elmore. Boise. and Ada Counties Ada i eas. carrot' onks wtc 9ase - Menr$an tLnar+Caudy once t3rnan Cowty otno. votMr Couuy 010a 107 N. Amutrarg PL 1606 Roberts 520E 8th Sheet N. d Enrironmerdd Heatlh P.Q Box 1448 9oisee. ID. •83704 Rohe. ID. Mormtain Home. ID. 190 S. 41h Sheet E MCC~.ID. 83638 l3rnro. Heahh: 327-7499 83705 Ph. 334J355 83647 Ph.587-d~7 Mor,nic~ bane. ID. Ptt 634.7194 Famdy Planning 327-7400 324 Meridian. 8). 83617 Fh 581-0225 ~•1~ 83642 Ph. 888525 Nuhitiorx 321-7460 WIC: 321.7488 . HUB OF TREASURE VALLEY • ' OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G, BERG, JR., City Clerk MAk YERRINGTON W S y CITY OF MERIDIAN ROBERT D. CORRIE eer GARY D SM TH P.E C ty Eng WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813- ~ ~ ~ ,-- ~'~' I~ `; r 887 2~IS 08 ~ _ Chairman -Planning & Zoning i - „ ,i ) L_~ .~ ~ ;_: Public Works/Building Department (2 GRANT P. KINGSFORD g I. ~ ~ ~„ . s f;~~' M ayor 7 '.~., :. ,-.. .~,e:l 1JlJ~I t91CiT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 1, 1994 TRANSMITTAL DATE: 10/17/94 HEARING DATE: 11/9/94 REQUEST: Conditional Use Permit for an automotive dealership BY: Lawrence and Shirley Chetwood LOCATION OF PROPERTY OR PROJECT: Southeast of Interstate 84 and Highway 69 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ~ JIM SHEARER, P/Z ~~ ADA COUNTY HIGHWAY DISTRICT '~' ~ ~~.~~t,~~~ ~ CHARLES ROUNTREE, P2 . ADA PLANNING ASSOCIATION TIM HEPPER, P/z CENTRAL DISTRICT HEALTH 0 C T 2 ~t 19'4 GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT ~,~ x' ~ ~,, ~ Y3„e'y13~1ti~`i BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Ehe plat that was attached to POLICE DEPARTMENT this application is incomplete. Nampa & Meridian CITY ATTORNEY Irrigation District has two drains in this area .and CITY ENGINEER neither of them is shown on the plat . Both the CITY PLANNER Eightmile Drain and the Fivemile Drain have 60 foot right-of-ways (30 feet each way from center). Naml)a & Meridian Irrigation District a • • 'ha~yuc & ~ll~~rid~a~ ~Ifiniga~o~ Dc¢aciet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 21 October 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Lawrence H. Chetwood Boise 343-1884 Shirley S . Chetwood SHOP: Nampa 466-0663 203 East First Street Boise 345-2431 Meridian, ID 83642 RE: Land Use Change Application for Automotive Dealershi Dear Mr. and Mrs. Chetwood: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent W. H. Moore City of Meridian enc. ~~~ ~~~ ,} ~ ' r~ ` ~~ "" APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • • Meridian Planning & Zoning Commission December 13, 1994 Page 4 has now. I don't think you could approve it. Johnson: So my question is do we have a proper motion. Is there any other discussion? If not then all those in favor of the motion? Opposed? MOTION CARRIED: 3 Yeas, 1 Nea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR LAWRENCE AND SHIRLEY CHETWOOD: Johnson: Does anyone have any comments or corrections, editorial changes on the findings of fact as prepared by the City Attorney? Entertain a motion then on the findings of fact. Alidjani: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby adopt and approve these findings. Rountree: Second Johnson: It has been moved and seconded that we adopt the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Any recommendation or decision you would like to pass on to the City Council? Alidjani: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Johnson: It has been moved and seconded to pass a favorable recommendation on to the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE • • ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LAWRENCE H. AND SHIRLEY S. CHETWOOD CONDITIONAL USE PERMIT SOUTHEAST OF INTERSTATE 84 & MERIDIAN ROAD MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on November 9, 1994, 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 Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Richard Newman, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 9, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 9, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 CHETWOOD ,~ ~ • that the general location of the property is southeast of the corner of Interstate 84 and Meridian Road and in an area classified as a Mixed/Planned Use Development Area on the Generalized Land Use Map in the Meridian Comprehensive Plan and is described in the application which description is incorporated herein. 3. That the property is currently zoned C-G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G1 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; That 11-2-409 B states that a sales lot for automobiles is only allowed as a conditional use in the C-G district. 5. That the Applicant is not the owner of record of the property; that the owner of record is W. H. Moore; that the owner has not submitted a consent to this application. 6. That the property is currently undeveloped and vacant. 7. That the proposed use by the Applicant is to construct a 35,000 square foot retail automobile dealership to include service activity, general office administrative activity and retail sales; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 CHETWOOD ,~ • • that the current site is too small, cannot meet the demand. 8. That at the public hearing the Applicant's representative, Richard Newman of BP Grouping, specializing in the automobile development design and construction process, testified that because of significant growth, the current location of the dealership no longer meets the demands of the local community; that room is lacking for servicing vehicles, for displaying vehicles, for handling parts to repair and lacks accessibility. 9. Mr. Newman stated the new location has approximately 9 acres; that the site has easy access to major road systems; that it is in close proximity to a major highway; that the land will be purchased and not leased; that approximately 2.7 acres will be held in reserve for future growth for the business and that this application will be harmonious with and in accordance with the Comprehensive Plan. 10. He also stated that input regarding the landscaping requirements would like to be discussed between the developer and the City of Meridian; that some concerns about the type of landscaping specified are of concern to the developer; that because of display requirements for the vehicles, static display of large, leafy trees tend to restrict the visibility of the automobiles and also create some problems for cleanliness. 11. That there were two letters in support of the application submitted, one from Bernice Tisdale, Chairman of Economic Development Committee for the Meridian Chamber of Commerce and one FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 CHETWOOD • from Jim King, Vice President and Treasurer of Western States. 12. That there was no opposing testimony to this application. 13. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 14. That the Ada County Highway District commented that a 4- foot wide concrete sidewalk was required along Bonefish Place abutting the parcel; that a standard, cul-de-sac turnaround (45- degrees) with vertical curb, gutter and 4-sidewalk at the end of Bonefish Place be constructed; that a standard commercial curb cut with a width of 30-feet shall be utilized for the access at the cul-de-sac and the other two access points. 15. That the City Planning Director commented to the landscaping and the need for 143 three-inch caliper trees required for the site plan; that bonding for the landscaping and other improvements may be appropriate; that the 35-foot setback along Interstate 84 shown as a leased site, will need to be landscaped and will need to comply with the Comprehensive Plan. 16. That the Assistant City Engineer commented regarding the tiling of any existing irrigation ditches crossing the property; that the sewer line falls within the 20 foot wide easement granted to the City of Meridian in July of 1990 and that no permanent structures will be allowed to be placed within said easement; that existing domestic wells and/or septic systems will have to be removed; that all off-street parking, landscaping, drainage, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 CHETWOOD i • lighting, paving and striping shall be in accordance with the standards set forth in 2-414 of the City of Meridian Zoning Ordinance; that all signage shall be in accordance with standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 17. That the Nampa Meridian Irrigation, City Fire Department, Ada County Highway District, and Central District Health submitted comments and they are incorporated herein as if set forth in full. 18. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 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 Applicant shall submit the consent of the owner of record for the conditional use. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 CHETWOOD • • 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. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance. 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 nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would 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. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 CHETWOOD • • 6. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements; that the Applicant shall meet with Shari Stiles to work out an acceptable landscape plan. 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 COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW CHETWOOD VOTED VOTED VOTED VOTED _ VOTED Page 7 • DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 CHETWOOD • MERIDIAN PLANNING & ZONING COMMISSION MEETING:. DECEMBER 13.1994 APPLICANT: LAWRENCE AND SHIRLEY CHETWOOD AGENDA ITEM NUMBER: 2 REQUEST: CONDITIONAL USE PERMIT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: I~ ~ ~, ~ ~ rQ~ C e ~ ~~ ~ (, J C~ ~~ OTHER: • MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEM~R 9.1994 APPLICANT: .LAWRENCE AND SHIRELY CHETWOOD AGENDA ITEM NUMBER: 11 REQUEST: CONDITIONAL USE PERMIT FOR AN AUTOMITNE DEALERSHIP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTCHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~'~ ~ /L ~ ('If f C~~rG -i" C~ ~i~ i~ ~/ ~ G'~ ~~~ • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this ~~y day of ~~~ ~~ , -~3~-- l49S COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED ~~ ,~ VOTED VOTED'~'`'''`'~ VOTED i VOTED __.- ._-- -- - tNtTi~-L _ _ _ _ _ ~ .__ _ .__ ____ _ _ .._._ --- - -_ -_._ _ ~~ - ~~ APPROVED ~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~ Q~wG~O~ DEC-30-94 FRI 17:25 BOISE TITLE/RIVER FAX N0. 2083421659 P. 01 12~3ei94 ~8 ! tag 323 7523 W.M.~u~Kt vv, -- W.H. MOO1~E C O M P A N Y ~ ""' TEUEifmNE IZ091 Op11919 ~~~ Rest ~stete Develop-nent 850 ET4ERAlU SUITE 110 (80fOq P,0. BOX 8201 B71E MaMO To: Cotapany : FAX No.: Date: From: Pages: 6hari Stiles , City of Meridian 88~'-4813 Dec;:ember 30, 1994 Jeff Moor® 1, including this page gsa: Cox'ditional use appliaation Larry Chetwood - Meridian Ford Larry Chetwood has entered into a aontraat to purchase from me the site for construction of hfs proposed new dealerehi~p between Overland anti I-89. I understand that because he is not yet 'the record owner of this property, evidence of my consent to his application for conditional use approval haEa bean requested. phis memo will confirm my consent to such application, with the understanding that if for any reason Mx. Chetwood fails to purchase the property and the property is not developed as proposed by the application, then the conditional use approval and any conditions imposed by it will be deemed void. c rely, Winston H. Moore 6~ cc: Larry Chetwood DEC 30 '94 16 28 2083421659 PAGE.01 DEC-30-94 FRI 17 26 BOISE TITLE/RIVER FAX N0. 2083421659 P. 02 12/30/94 ~9 '~ 260 323 7323 Y.n~uKe vv. -- State of Idaho ) as. County of Ada ) On this 3t)th day of t7ecember,1994, nefore me, the undersiflned. a Notary PubNc In and for said State., personally appeared Winston H, Moore, known or (dentitlad to me to be the same person described Un an4 who executed the within insliument, and he dul (a ~4 to me he xec~ted the me. •~,~•~ ~¢• Cn~t.B f 4. ~. Notaryy PubUC a -~ ~• •. Residing at ,~~ ~~'~<~ pRy ~ Comm Expires ~~. '{' ~, ~ ,~~. ~ ~ G s O •.VTA T ~ p4~••••• ••vvvvv8A7~evv~ DEC 30 '94 16 29 2083421659 PAGE.02 • G~'fiC GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACHD Commission INTER-DEPARTMENT CORRESPONDENCE CHETWOOD.CU/DSTECH 11-9-94 DATE: November 7, 1994 FROM: Development Services SUBJECT: Conditional Use Bonefish Place Auto Sales (Applicant - Larry Chetwood P.O. Box 207, Meridian, ID 83680) (Representative - same) FACTS & FINDINGS: 1. The application is for a automotive sales lot and service center on 6 acres generally located southeast of Interstate 84 and Highway 69, on the north side of Overland Road, on the west side of Bonefish Place. 2. GENERAL INFORMATION: ACRES - 6.13 SQUARE FEET OF PROJECTED BUILDING - 35,000 ZONING - Commercial - CG ESTIMATED VEHICLE TRIPS PER DAY - 2,400 TRAFFIC ANALYSIS ZONE - 287 L.F. OF FRONTAGE ON Bonefish Place - 560-feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - No additional. required Bonefish. Place is improved with 41-feet of street section. A existing paved turn around without improvements is at the end of the street. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Staff recommends a single, standard 30-foot wide commercial curb cut be utilized for the access off the cul-de-sac. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 CONDITIONAL USE Bonefish Place November 7, 1994 • Page 2 Auto Sales 4. The portion of this site proposed for development does not abut Overland Road. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on November 9, 1994. The following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Construct 4-foot wide concrete sidewalk on Bonefish Place abutting parcel. 2. Construct a standard, cul-de-sac turnaround (45-degrees) with vertical curb, gutter and 4-sidewalk at the end of Bonefish Place. 3. A standard commercial curb cut with a width of 30-feet shall be utilized for the access at the cul-de-sac and the other two access points. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code., Section 54-1215. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across par- cel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACFID. The proposed drainage system CONDITIONAL USE ~nefish Place Auto Sal November 7, 1994 Page 3 shall conform to the requirements of City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. 8. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 9. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 10. Aright-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 11. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action.. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Karen Gallagher DATE. OF COMMISSION APPROVAL: NOV 0 9 1994 • rdlola3rv. I f m `:\'~ .~ =•, •,~'. 69 AdMH91H -~.i O -t 0 0 0 T ~ t ,o ~,^zo~~ \1 n I N Y\ .L ,• _- -- s / • _ _ - ' BdTDoGK ~~ \`. _ ~~,., 1 1 I .: • :~ , 1 1 1 , ~I 1 II II III ~, I I I ', f ~ ~ ~ 1 , 1 11 11 ,I . 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GON.iOY -:;:: 4 UNLO.'-OING ~ l i'• :..:: I ~ ~Rfo `V ~ ._...... O ~' Seiv'ice ~' Loar~~ Ga~~ 1T~ l~.l I,~ I ~. I Ir.l lrl L~1. I -l. l L.I h~ I .l I. 11 T ..;/- :~: 8 -O SHTD.iGK f E INTER-DEPARTMENT CORRESPONDENCE GLENN J. RHODES, President .SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACHD Commission FROM: Development Services CHETWOOD.CU/DSTECH 11-9-94 DATE: November 4, 1994 SUBJECT: Conditional Use Permit - Southeast of Interstate 84 and Highway 69 (Applicant - Larry Chetwood P.O. Box 207, Meridian, ID 83680) (Representative - same) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS• 1. The application is for a automotive sales lot and service center on 6 acres generally located southeast of Interstate 84 and Highway 69, on the north side of Overland Road, west of Bonefish Place. 2. GENERAL INFORMATION: ACRES - 6.13 SQUARE FEET OF PROJECTED BUILDING - 35,000 ZONING - Commercial - CG ESTIMATED VEHICLE TRIPS PER DAY - 2,400 TRAFFIC ANALYSIS ZONE - 287 L.F. OF FRONTAGE ON Bonefish Place - 560-feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESLGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - No additional required Bonefish Place is improved with 41-feet of street section. A paved turn around without improvements is existing at the end of the street. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Staff recommends a single, standard 30-foot wide commercial curb cut be utilized for the access off the cul-de-sac. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 CONDITIONAL USE - Chetwood Southeast of Interstate 84 and Highway 69 November 4, 1994 ~ • Page 2 4. The portion of this site proposed for development does not abut Overland Road. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on November 9, 1994. The following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIFtFturFx~rS 1. Construct 4-foot wide concrete sidewalk onBonefish Place abut- ting parcel. 2: Construct a standard, cul-de-sac turnaround (45-degrees) with curb, gutter and 4-sidewalk at the end of Bonefish Place. 3. A standard commercial curb cut with a width of 30-feet shall be utilized for the access at the cul-de-sac and the other two access points. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across par- cel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system - - -- --~----T- - - .. .~_<.cdroiiiocfut:e.r:~..Z..-•.:~-.mss,:T.~.:i~ri::~y~:iaeTiaYel4iCaN.`br~?++:~:7L~.dv.~-a•• .e+.":.~y ~cRY~.._ _ ~~.e;..+x~w:xt~`~6a!~r't_?i^l'SV_~}Lrl!'7u`rlrax?~ta9ss CONDITIONAL USE etwood Southeast of Inter tate 84 and Highway 69 November 4, 1994 Page 3 shall conform to the requirements of City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. 8. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 9. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 10. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 11. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. 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