Butterfield, Dennis & Janet CUPOFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L GASS, Clty Treasurer
GARY D. SMITH, P.E. Ctty Enylneer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Writs Water Supt.
DENNISJ. SUMMERS, Parks Supt.
SHARI S. STILES, P a Z Adm.
KENNETH W. BOWERS, Flrs Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
CITY OF MERIDIAN ROBERT D.CORRIE
WALT W. MORROW
P a Z COMMISSION
33 EAST IDAHO JIM JOHNSON, Chalm+an
MERIDIAN, IDAHO 83642 MOE AUDJANI
~"a';~; '3' T Ci.~ JIM SHEARER
Phone (208) 888433 • FAX (208) 887813 R/ ~.. • ~d` 8.•• CHARLIE ROUNTREE
Public Worka/Builtiing Department (206)887-2211 TIM HEPPER
GRANT P. KINGSFORD O C T Z O ~~~~
~~ \rl~ ~~ M~~1D~~
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:slovember 7. 1995
TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95
REQUEST: Conditional Use Permit for an automobile service station
BY: Dennis ~ Janet ButterFeld
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 PLAT1
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 & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT)
CITY FILES ,
OTHER:
YOUR CONCISE REMARKS:
•
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: Dennis H. & Janet L. Butterfield PHONE:888-7388
ADDRESS: 1332 ~. 1st sf.
GENERAL LOCATION: 2 houses so, of "The Meridian" on east side of roa4
DESCRIPTION OF PROPOSED CONDITIONAL USE: automobile service station
ZONING CLASSIFICATION: C-C
PLAN: A plan of the proposed site for the conditional use showing the location of all
I certify that the information contained herein is true and correct.
Signature of Applicant /
Social Security Number, 3 ~ " ~o Z ' S ~ ~'
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _. m. The purpose of the
Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described as located at
SUBDIVISION, BLOCK ,LOT
TO
•
l.:u 2. Marne of~ applicant and proper~y oc~~ner: Dennis II. and Janet L. Butterfield
2833 Autumn Way
1~Ieridian, Id 8362
888-7388
3. I_~gal d~sc:iliirsn ~?f }yrc.~perfy: P1R_ #340 of i~TW4NW4
SEC 7 3?~i IIi,
#8?Ofi555
~13N1E00735t)0
~. Frooi of ownership is attac:-tcd.
~. & 6. Current use:
i`1'iv hou~;c ne~:,t to the ~~treet is currently rented out as a residence. The shop in the rear had
r~een us;ct :zs a plnrnL•ing shop from 1989 until Duty of 1995. The shop has been vacant since; July.
?. Proposed use:
The house will. remain a residence far now. {'The tenant in the house intends to use it as an
inszzraigr~e c}ffce once his rarmez's Insuraslc~ l7usine;~s is ofi tl~e~-ound.) «~e propose the shut?'
used Iur a ser~~ice atiltiiirt type repair shop. `l'lle proposed tenant would be Meridian's only
i~z{iepencient crake anal afi~nrncnt ~C1c,c i:li~;t TT, .ill s~pen as .i one ;man shop, possibly. ezpandu:g
:. , ~ .h
~z~~.i~;.~u~s t ~u rL.: ~ ., .,~ ,: ~#~alanti--s-~~°va~eh--- _= -- = =- - -_ -__
k..
Tzr«fc~ the -~zrrent f'-r ~ri*.4in~.
8. 'l'he present zoning of the pmperty is C-(~.
9. Maps attached.
10. Characteristics of property that make conditional use desirable:
h~lary of the sers~7ces allowed ;ender C~C zcning are for retail storefront or professional of~icc
tvp~; ~,usuiesses. Our facility is a chap, not a store or office complex, so it is not desiueablc; ti>r
those tt~pes of businesses. We feel it is a gt•eat shop layout for a serE,~ce oriented business. ,-~11
the inquuYes that we have had as to possible tenants have been plumbing, sewer and drain
companies and auto mechanics. We own Meridian Plumbing Lo. Inc. and since building our new
facility on Franklin IZd, lead rented llu:: small shop to a competitor. t1Ve; found it confusing to the
customer. The}~ often thought that we were somehow connected. We want to avoid that confusion
when we re-rent the shop.
Our proposed tenant, John Kiss, has worked at LUleridian Big O Tires for 16 years. We have
d~;~zlt with him for the ga5t 10 }cars in maintaining .cur fleet. Jahn has presven quite stable and
kxzowledgable in his trade. t~ e feel he will be an asset to the Meridian Business community.
•
._~s the c~«ners {~f•nrapert~~ Zo~,ated at 1.33? F. 1st.. wfd a~ee to pa~~ an~~ additional se~.~er, ~,vater ~r
trash fL~~~s ar ~%~ar~,es, it~ there arc any, as a result of This CUnaitiisnar I Esc; Pc;nmii lteuig ~, anted.
t~'e agree to post a sitri fi't f11e prJpertl', i)n(: ;Vt;Gl:. ])1'it)r Iii il"ie 3iv.I711t~ ~tat~ng that r4'c l:a~.%~:
ant~lieci io~• 4j i"c,nditio~~~a~ t!se ~errr.:ii.
- ~ - - -
UVvi1Cr
O ~
1 1,~ -._-, . -- - - - - - -
jgR i L
~• ~ WAI~,I~N'I'Y DEED ~'~~~55
. ;-- $.
•~~ '~~ ~
FOR VALUE RECEIVED !`k 4;
~ DENNIS E. NIELSON and JOAN M. NIELSON, husband and wife, '~~~
'{ ,'4 '~.
the Grantor a , do hereby grant, bargain, sell and convey unto {I t ,'
Jb• ~!
DENNIS H. BUTTERFIELD and JANET L. BUTTERFIELD, husband and wife, 1~j ~? ~
the Grantees ,whose address is 2833 Autumn Way, Meridian, ID 83642 ! c ~; '~
~~
the following described premises, w-wit: { ` ~'
That portion of the Northwest quarter of the Northwest quarter of Section 7;
Township 3 North, Range 1 East, of the Boise-Meridian, in Ada County;, Idaho;
as follows: `. {
;,
Commencing at the Southwest corner of that certain tract of land heretofore
conveyed to S.H. Hughell and Mary Hughell, by deed recorded in Book 190 of
Deeds at page 123 of the records of Ada County, State of Idaho, thence 281.5
feet North along Ctle East side of llighway number 30 to the. real place: of
beginning, thence North along the East side of Highway nvaber 30 a distance'
of 64.5 feet, thence East at right angles a distance of 246 feet; thence
South at right angles a distance of 64.5 feet, thence West at right angles a
distance of 246 feet to the PLACE OF BEGINNING.
SUBJECT TO that certain Deed of Trust dated October 15, 1986, in favor of
Western Mortgage Loan Corporation, recorded October 21, 1986, as Instrument
No. 8663568, records of Ada County, Idaho, which Deed of Trust Grantees herein
hereby assume and agree to pay according to its terms.
,,
. i s.,.
' ° ,,
1 t
~'~
PTO HAVE ANL? TO }IOI.ll the said prern4gs, Kith. ihc~ir.9i211urtenarrcea unto the aaitl Gr"antes s _
-. , " "~~~~ -' hei~~s grid a~tigns taxever. And the said (':cantor s " do h"ere4y covenant to _
at~~r;t1~E~'~,!att _:#`° ;_,`t--~.°a:,~=`~he.+tnerrelsln feestt~i~ aftraid ~miseb:'tirat`~
aait3 premises are free from all encumbrances except for reservations of record'. eal3ements of
record, and general taxes and irrigation assessments, if any, for thefcufrent year
and subsequent years which are not yet due and payable; t.' ~•,;+;
i~ 1 ,
it ,
and that they will warrant and defend the same from all lawful claims whatsoever. `"
i [ i.'.
Date/d([:/January 29, 1987 //J_ ~ ` ~ y
N ,'. ^/'~/~7~A~r-~C~~///A.~~~t_ 1~~~1~/pt ~/7 /Zw--" ii:,, ~~',t
DENNIS E. NIEL~ON /JOAN M. NIELSON j" ~,?~
is
+!
~~.' `ii'
ACKNOWLEDGMENT-Individual STATE OF IDAHO, COUNTY OF ~~~~,
I hereby eertiy that this instrromeirt w~tiled for record
STATE OF IDAHO ,County of ADA , ee. at the request of PIONEER TITLE C0:' : #'":
i ;'
c st ~ minutes $ast ~ ~;: ;y o'clock m.,
On this~dayof January ,in this -~j0'~^ day of , ; `'
the year of 1987 , before me the 19~,, in my o ee, asd duly recorded fa B i. ---
undersigned , a notary public, of Deeds at page
personally appeared Dennis E. Nielson and JOHN BASTI • A ~
Joan M. Nielson ,known or ~>' ~1~
iderltifiedtometobethepereuns whueenuures are /~ -•-• E><-OllicioRecorder. `,'
subscribed to the within instrument, and acknowledged to ( _ ~ i
me that ~e~ ~c the same. gy ~ '•
• v l f. (eCa .\ L q; Deputy.
Notarx,Publir._ .r ~~ Feesf ~ il,~
Reel Ling aR ~ ~ f,~ _ .~. ~'
una, Idaho ~ ~, Mail to: .'
Commis~iofl~ expires: i~~~:~ ;' PIONEER TItI.E COMPANY `i
r ~' t ~ ~ ~ OF ADA COUNTY ~ I
' ~ J 821 W. State Stn~et ~ ~ ~`
~ . Boise. Idaho 837112 - 2~ 338.871)0
. ~: 7
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OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L. GASS, Clty Treasurer
GApY D. SMITH, P.E. Clty Engineer
BRyCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P 6 2 Adm.
KENNETH W. BOWERS, Flre Chlef
W. L. "BILL" GORDON, Pollcs Chlef
WAYNE G. CROOKSTON, JR., Attorney
•
HUB OF TREASURE VALLEY COUNCIL MEMBERS
A GOOd Place t0 L1Ve RONALD R. TOLSMA
MAX YERRINGTON
CITY OF MERIDIAN ROBERT D.CORRIE
WALT W. MORROW
P 3 2 COMMISSION
33 EAST IDAHO JIM JOHNSON, Chairman
MERIDIAN, IDAHO 83642 M M SHEARER
Phone (208) 888433 • FAX (208)887.4813 CNATIM MREOPUPERREE
Public Works/Builtiing 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 71995
TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95
REQUEST: Conditional Use Permit for an automobile service station
BY: Dennis Sr Janet Butterfield
LOCATION OF PROPERTY OR PROJECT: Two houses South of "The Meri ian" on
east side of Road (1332 E. 1st Street
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 & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
•
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: D~nni~s H. & Janet L. Butterfield PHONE:888-7388
GENERAL LOCATION: 2 houses so. of "'.The Meridian" on east side of road
DESCRIPTION OF PROPOSED CONDITIONAL USE: automobile service station
ProFosed tennant would like to oxen a brake and alignment shoA.
ZONING CLASSIFICATION:
C-C
PLAN: A plan of the proposed site for the conditional use showing the location of all
buildings, parking and loading areas, traffic access and traffic circulation, open
spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35
copies).
I certify that the information contained herein is true and correct.
Signature of A~plicant
Social Security Number 3 ~ " ~o Z " ~ ~~
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _. m. The purpose of the
Hearing is to consider a CONDITIONAL U5E PERMIT submitted by
for the property generally described as located at
SUBDIVISION, BLOCK ,LOT
TO
• •
1. & 2. Name of applicant and property owner: Dennis H. and Janet L. Butterfield
2833 Autumn Way
Meridian, Id 83642
888-7388
3. Legal description of property: PAR #3500 of NW4NW4
SEC 7 3N lE
#8706555
M3N1E0073500
4. Proof of ownership is attached.
5. & 6. Current use:
1'he house next to the street is currently rented out as a residence. The shop in the rear had
been used as a plumbing shop from 1989 until July of 1995. The shop has been vacant since July.
7. Proposed use:
The house will remain a residence for now. (The tenant in the house intends to use it as an
insurance office once his Farmer's Insurance business is off the ground.) We propose the shop be
used for a service station type repair shop. The proposed tenant would be Meridian's only
independent brake and alignment specialist. fIe will open as a one man shop, possibly expanding
to a second mechanic at a later date. He does not want to tie himself up with large repair jobs that
take days. He wants to run the type of repair shop where the majority of customers are in and out
in a few hours. (The proposed tenant also has a small wholesale tool and parts supply which fits
under the current C-C zoning. )
8. The present zoning of the property is C-C.
9. Maps attached.
10. Characteristics of property that make conditional use desirable:
Many of the services allowed under C-C zoning are for retail storefront or professional office
type businesses. Our facility is a shop, not a store or office complex, so it is not desireable for
those types of businesses. We feel it is a great shop layout for a service oriented business. All
the inquiries that we have had as to possible tenants have been plumbing, sewer and drain
companies and auto mechanics. We own Meridian Phunbing Co. Inc. and since building ow new
facility on Franklin Rd, had rented this small shop to a competitor. We found it confusing to the
customer. They often thought that we were somehow connected. We want to avoid that confusion
when we re-rent the shop.
Our proposed tenant, John Biss, has worked at Meridian Big O Tires for 16 years. We have
dealt with him for the past 10 years in maintaining our fleet. John has proven quite stable and
knowledgable in his trade. We feel. he will be an asset to the Meridian. Business community.
~ ~
As the owners of property located at 1332 E. 1st, we agree to pay any additional sewer, water or
trash fees or charges, if there are any, as a result of this Conditional Use Permit being granted.
We agree to post a sign on the property, one week prior to the hearing, stating that we have
applied for a Conditional Use Permit.
c
owner
a ~~
lm-l~-9S
date
ra.l~A~?4SaD~,70~~c~A!,71D~,71UIt~>~~~~lU1t7A~~~7,U1c.70~71D~~70~~~~1U1~7.~>~ !~~ t~~~A~~
-. :
•~ `v WAI~,I~N'I'Y DEED ~" 55~
r-" ~r~ .
~~ FOR VALUE RECEIVED ~~t ~,
DENNIS E. NIELSON and JOAN M. NIELSON, husband and wife, f'
the Grantor s , do hereby grant, bargain, sell and convey unto
)~
DENNIS H. BUTTERFIELD and JANET L. BUTTERFIELD, husband and wife, ~~, ;a
the Grantees ,whose address is 2833 Autumn Way, Meridian, ID 83642 ;~ ~ +~
the following described premises, to-wit: { ~` '
That portion of the Northwest quarter of the Northwest quarter of Section! 7,
Township 3 North, Range 1 East, of the Boise-Meridian, in Ada County,.Id~ho
as follows: ''
Commencing at the Southwest corner of that certain tract of land here~lofbre
conveyed to S.H. Hughell and Mary Hughell, by deed recorded in Book 1~0 pf
Deeds at page 123 of the records of Ada County, State of Idaho, thench 281.5
feet North along the East side of liighway number 30 to the real place of
beginning, thence North along the East side of Highway number 30 a distance!
', of 64.5 feet, thence East at right angles a distance of 246 feet; thence
South at right angles a distance of 64.5 feet, thence West at right angles a
distance of 246 feet to the PLACE OF BEGINNING.
SUBJECT TO that certain Deed of Trust dated October 15, 1986, in favor of
'I Western Mortgage Loan Corporation, recorded October 21, 1986, as Inatt~ument'
No. 8663568, records of Ada County, Idaho, which Deed of Trust Grantees ~terein
hereby assume and agree to pay according to its terms. ,+`
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TO HAVE AND TO HOLll the said premises, with their appurtenances unto the sal~l Grantee s ,
their heirs and assigns forever. And the said Grantors do herel~p' covenant to
and with the said Granteo3 ,that t he y are the owners in fee simple of sold ~t•emises; that
said premises are free from all encumbrances except for reservations of record,„ er;ements of
record, and general taxes and irrigation assessments, if any, for theiicu rent year
and subsequent years which are not yet due and payable; i` i,
and that they will warrant and defend the same from all lawful claims whatsoever.
I. ~~,
Dated: January 29, 1987
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DENNIS E. NIELSON (JOAN M. NIELSO-N 'i~
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ACKNOWLEDGMENT-Individual STATE OF IDAHO, COUNTY OF
I hereby certify that this inatrum rov 'tiled for record
STATE OF IDAHO ,County of ADA , ea. at the request of PIONEER TITI E
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~ c at I~ minutes Rest ~ ~; o'clock m.,
Onthis~~dayof January ,in this ~O dayot `
the year of 1987 , before me the 191~J7, in my o ce, snd duly rernrded ~j~B' ---
undersigned , a notary public, otDeeds at page ! ~,;i,
personally appeared Dennis E. Nielson and JQHN BAST ,
Joan M. Nielson ,known or __
identified to me W be the persons whose names are / - Ex-Officio Record '
subscribed to the within instrument, and acknowledged to ( :, i c '
me that ~eY ~ the same. ~ ~~~ ~f
,L r• ~C~'1:I,t.+ca-tJ `,,jj// ~ By f Deputy.
Notary~°ublic: 7~'t'e' ~ '1
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Commis8iott~ expires: ~- . %~ `i PIONEEN TITLE COMPANY
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•
Meridian City Council
January 16, 1996
Page 32
residents on that north side that if they have any problem at all to let him know and he will
certainly work with them to make sure this is not an ongoing problem with those lights. But
other than we have no problem with the other conditions.
Corrie: Council any questions?
Morrow: Mr. Mayor, I would move that we approve the final plat for the Playground
Subdivision subject to all staff conditions and the resolution of the light problem.
Tolsma: Second
Corrie: The motion is made and seconded for the final plat of the Playground Subdivision
to be approved subject to staff approval and resolution of the lighting, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #11: TABLED DECEMBER 19, 1995: CONDITIONAL USE PERMIT REQUEST
FOR AN AUTOMOTIVE REPAIR AND BRAKE ALIGNMENT SHOP BY DENNIS AND
JANET BUTTERFIELD:
Corrie: Is Dennis or Janet Butterfield here or a representative here please?
Butterfield: The reason that this didn't happen last meeting was we spaced it, Christmas.
Corrie: Any questions of Mr. Butte~eld?
Morrow: Mr. Butterfield, have you read the staff recommendations and the staff conditions
both from City Engineer Smith and City P & Z Director Stiles?
Butterfield: Yes, there were a couple of things I was concerned with. I thought we
probably better bring up. That parking lot was rebuilt in 1994 and here we are talking
about getting an engineering report and that is all said and done. So there is, but I do
have an as built of how it was built and it was put together but Rushman Sand and Gravel
and Capital Paving. We had come down for a building permit on the thing and we were
informed by somebody in the office that you don't do building permits on parking lots.
Which surprised us but we proceeded. So that is done. It hasn't been striped yet, I think
we would rather wait for some better weather. We talked a little bit about the inside
drainage for grease trap use and we have plugged off the inside floor drain so there is no
floor drain now. In lieu of using a grease trap at this point. That seemed to be acceptable
to the sewer people.
• •
Meridian City Council
January 16, 1996
Page 33
Morrow: One other question Mr. Butterfield, you are also aware that in the document it
calls for a certificate of occupancy which is a fairly standard procedure. And to do that you
would have to have compliance with these issues and issues for example such as the
striping of the parking lot might require a temporary occupancy until that is accomplished
or something along those lines.
Butterfield: Who do we get with, the City Engineer on this?
Morrow: It would be a combination of P & Z and the City Engineer.
Butterfield: Okay, well why don't we meet with them tomorrow then.
Morrow: Thank you
Corrie: Shari does that meet with your approval?
Stiles: Excuse me Councilman Morrow for them to meet with us and make sure they meet
all of staff and agency conditions and get at feast a temporary occupancy?
Morrow: Yes that is the general just of what I am after here so that Mr. Butterfield can meet
or his representative can meet with you and Gary's representative to make sure the site
specific requirements are covered and that item #4 with respect to the paving and striping
that issue is resolved and issue a temporary occupancy should this be approved by the
Council. So that they can be up in business and walking through that process is what I am
asking for.
Stiles: Yes we can do that.
Morrow: Thank you, I have no further questions Mr. Mayor.
Corrie: Any further questions from the Council?
Rountree: I have a question of staff, Shari, with respect to signs. There currently is a sign
on the front lot that advertises. The last time I went by there were some additional signs
at least there was an additional sandwich board type sign in the planting grass strip along
the sidewalk. I believe it was a Penzoil sign, is that consistent with our ordinance, would
we expect to see those kinds on things in this area?
Stiles: Councilman Rountree and Mayor and Council, no that would not be a permitted sign
and our ordinance enforcement .officer will be taking care of it.
•
Meridian City Council
January 16, 1996
Page 34
Corrie: Any further discussion? Entertain a motion on the findings of fact and conclusions
of law.
Morrow: Mr. Mayor I would move that we accept the findings of fact and conclusions of law
as prepared for P & Z.
Rountree: Second
Corrie: Motion is made and seconded to approve the findings of fact and conclusions of
law, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Corrie: The decision?
Morrow: Mr. Mayor, I would move that we 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
Corrie: Motion is .made and seconded, all those in favor? Opposed?
MOTION CARRIED: All Yea
Rountree: Mr. Mayor I move we take a five minute break.
FIVE MINUTE BREAK
ITEM #12: PRELIMINARY PLAT (AMENDED) FOR HAVEN COVE SUBDIVISION NO. 5
BY INTERWEST DEVELOPMENT: TABLED DECEMBER 19, 1995:
Corrie: This had some problems with the Fire Department, Police Department and the
road width. I guess we can have Mr. Collins, let's have the Council, any discussion with
the Council first?
Morrow: Mr. Mayor, I would like to hear Gary Smith has made some comments as well as
Chief Gordon and Chief Bowers. I would Pike to have Gary Smith the City Engineer
respond to those comments and as I recall in our last presentation here this was a concept
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact
and Conclusions of Law on this ~' day of , 1995.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN N
COUNCILMAN G$R~RtE
VOTED tl
VOTED ~
VOTED ~
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
VOTED L.~
VOTED
(INITIAL)
APPROVED ~
DISAPPROVED
DINGS OF FACT AND CONCLUSIONS
s
Meridian City Council
December 19, 1995
Page 79
Tolsma: It has been moved and seconded to approve the decision and recommendation,
all those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow: I might further add that I would like to see Mr. Marcum honor his commitment to
do the 30 foot and whatever if it helps Mrs. Schelekeway, I do recognize that her property
long term will be industrial or commercial or something .like that but in the mean time I
would like to see it be as pleasant as possible.
Marcum: We have already got it re-platted (inaudible) and I told Elaine (inaudible).
Morrow. We will hold you to that.
ITEM #22: CONDITIONAL USE PERMIT REQUEST FOR AUTOMOTIVE REPAIR AND
BRAKE ALIGNMENT SHOP BY DENNIS AND JANET BUTTERFIELD:
Tolsma: Is there a representative here for that?
Morrow: I move we table this to January 16.
Corrie: Second
Tolsma: Moved by Walt, second by Bob to table this until January 16, all those in favor?
Opposed?
MOTION CARRIED:
ITEM #23: CC&R'S FOR LOS ALAMITOS SUBDIVISION NO. 3:
Crookston: I am sorry I didn't bring them with me.
McColl: Mr. President, I will just remind Counsel the CC&R's for Los Alamitos No. 3 are
about 2 pages long they are just a second supplemental they annexed it. They were sent
over to Counsel on November 21st on December 3rd he sent me a letter saying they were
fine. He also said the same for item #24 but of course that hasn't been annexed yet so
that is probably inappropriate to act on #24. But we would respectfully request that you act
on #23.
Morrow. Everything is up to snuff on #23 then?
i
MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995
APPLICANT: DENNIS ~ JANET BUTTERFIELD ITEM NUMBER; 22
REQUEST; CONDITIONAL USE PERMIT FOR AUTOMOTIVE REPAIR AND BRAKE ALIGNMENT
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:
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDNGS OF FACT AND CONCLUSIONS OF LAW
"REVIEWED"
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
MINUTES FROM 11-14-95 P 8~ Z MEETING
SEE ATTACHED COMMENTS ~,
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W~
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4
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Y
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
OTHER:. SEWER DEPARTMENT SEE ATTACHED COMMENTS
Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zoning Commission
November 14, 1995
Page 43
Stiles: Beyond that, the sidewalk would be within the 45 feet.
Johnson: Thank you Shari, Dirk, did you want to comment on the access question?
Marcum: Okay, the access is off of Franklin Road, there is no access off of 10th, it is all
landscaped around that corner. Access if off Franklin Road. The setback on the project
we actually, the buildings are another, our one building is going to be approximately 110
feet off Franklin Road and the other ones have the 35 foot plus the 30 foot plus the
adjusted easement for the new road. So, I guess we have the 65 foot of our property plus
the 45 feet I guess. So they are substantially back off of Franklin Road.
Johnson: Okay, thank you. Does anyone else have anything to add from the public before
we close the hearing? I will close the public hearing at this time. Any questions, any
discussion? This would require findings of fact and conclusions.
Shearer: Mr. Chairman, I move that we have the City Attorney prepare findings of fact and
conclusions of law on this project.
Rountree: Second
Johnson: It is moved and seconded we have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Elaine, you may want to avail yourself of those findings of fact. We will have
those at our next meeting and once we act on those then they are available to the public.
So our next meeting is the 12th of December and then following that we will have those
available for you. What that does is incorporates the testimony from this evening plus
where we stand in accordance with our ordinances and the desires.
ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SERVICE STATION BY DENNIS AND JANET BUTTERFIELD:
Shearer: Mr. Chairman, I will abstain from this project since it is adjacent to my property.
Johnson: Do you want to remove yourself from the podium please.
Dennis Butterfield, 2833 Autumn Way, was sworn by the City Attorney.
Alidjani: Counselor, I also received a letter from the City owning the school property,
Meridian Planning & Zoning Commission
November 14, 1995
Page 44
would I have conflict of interest?
Crookston: Is that within 300 feet?
Alidjani: One corner of my property is within the 300 feet and that is at 200 East Carlton,
the back portion of the post office is parallel to my line of property.
Crookston: You have under the ethics in government law you have the requirement to
disclose that the Commission and if the Commission desires you step down if they say so,
if they say it is not a big enough deal they can say you can preside. So, the request is to
the Commission.
Alidjani: Commission I have disclosed the possibility of a conflict of interest.
Johnson: Do you think that would affect your decision or judgement in this issue?
Alidjani: I don't think so.
Johnson: Then we will consider that not to be a conflict of interest at this time.
Crookston: I think you need to vote.
Johnson: I never get to make a decision here, it really gets frustrating. It is kind of like
leading the choir you never get to sing.
Rountree: Mr. Chairman, I make a motion that the Commission allows you to make a
decision on this.
Johnson: Okay, we have a motion is there a second?
Hepper: Second
Johnson: All those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: You can stick around Moe.
Butterfield: Okay, we bought that property back in 1989 I believe and we found it
necessary to get some zoning done on it so that we could have our plumbing shop over
there. We went through the motions of having it zoned and we ended up with a C-C
•
Meridian Planning & Zoning Commission
November 14, 1995
Page 45
zoning and we didn't really realize how restrictive it was at the time. Here we are, we are
here to apply for some conditional use. I just wanted to talk to you a little bit about the
history of that property. We had Meridian Plumbing over there, we outgrew the property
ourselves. And then we rented it to another competitor pluming company and they had
quite a bit of traffic over there. They were going 24 hours a day. I just wanted to contrast
what we had there to what John Biss is proposing here. It is a small business like a one
or two man shop. If you have ever watched a mechanic shop of that size you are going
to have a fairly slow rate of traffic in and out of there. So it is a step up in that way. We
have done some work on the building recently and I don't know that it has a lot of bearing
with what you guys are considering here. We tried to put it in a first class condition.
(Inaudible) the walls in there are dressed up, we did some work on the lighting, it is a nice
building. We have talked with John on various occasions and indicated we want it to be
kept in first class condition. He is in agreeance with that. We selected John because we
have known him for over 10 years, we have dealt with him in his, He was working with Big-
O. He will talk a little more about himself in a minute. We considered him to be to have
good character, good work ethic and we have confidence in him that he will be a real asset
to the Meridian business community. That is basically what I had.
Johnson: Any questions of Dennis? For the record I want to point out for you that if you
haven't received it or haven't noticed it there is a letter of objection dated November 13
from E. Faye Brewer Buchanan opposing this application, this conditional use permit.
John Biss, 7504 Lima Drive, Nampa, was sworn by the City Attorney.
Biss: My business is just a small 2 man shop. Me and a part time helper is going to do it.
All I do is basically alignment and brakes, most cars are in and out in a couple of hours.
There will be an occasional car that is there a little longer than that but for the most part
any major engine work that type of stuff that involves tearing a car apart and leaving it
apart for weeks isn't' going to happen, it isn't what I want to do. I have been 1 have worked
for Big-O tire for 16 years, I have probably worked on everybody's care here at least once
or twice. I do professional work, I plan on being in business hopefully for another 20 years
and hopefully I have no problem continue doing that. I don't have any questions but I
would sure like to answer any that you have.
Johnson: Any questions of Mr. Biss?
Rountree: What do you propose your hours of operation?
Biss: I have to advertise, I am going to advertise hours between 8 and 5 during the week
and Saturdays it is going to be variable probably 8 to noon on Saturdays.
•
Meridian Planning & Zoning Commission
November 14, 1995
Page 46
Rountree: (Inaudible) primarily just brake service?
Biss: Brake alignment, 1 am also going to do some minor tune up, spark plugs that type
of thing. As far as pulling the heads off the valves no I am not wanting to get into that do
some general maintenance of cars. Rotate some tires, mount and balance a couple tires
now and again.
Hepper: Did you see the comments from the Fire Chief,- do you have any welding
equipment or cutting torches?
Biss: I do and I don't have to use them very often only occasionally and I guess if it is a
problem we can remove those.
Hepper: Well, he just had a comment there that you might need to have the building fire
sprinkled. Personally I wouldn't think so but I am not the Fire Marshall.
Biss: I hope not, I would like to leave those there.
Hepper: You may have to clear that up with him.
Biss: 1 am assuming he will come by and address that.
Alidjani: Are you utilizing any portion of the house in front or strictly you are going to stay
on the back, needless to say I am very familiar with that property.
Biss: Just the shop in the back is all I am using, nothing in front. The sign is part of the
business but the sign is in front.
Johnson: I assume you have read these comments. The one specifically from the Sewer
department do you recall that. They talk about pre-treatment prior to sewer use of certain
materials what is your response to that?
Biss: I am not 100% certain of what they are talking about. I am hoping they will come and
address me about that and fix anything that needs to be fixed if anything needs to be fixed.
Johnson: I think they are talking about hazardous waste or grease and would get into, it
might require a sediment trap is one of the comments they made. But you haven't spoken
to them directly?
Biss: No
! ~
Meridian Planning & Zoning Commission
November 14, 1995
Page 47
Johnson: Anyone else have any questions of John? Thanks John, is there anyone else
that would like to come forward on this application? Any comments from staff other than
those we already have in writing? I will close the public hearing at this time. This is a
request for a conditional use permit, this would require findings of fact.
Alidjani: Mr. Chairman I would make a motion we have the City Attorney prepare findings
of fact and conclusions of law.
Rountree: Second
Johnson: It has been moved and seconded we have the City Attorney prepare findings of
fact and conclusions of law on the application by Dennis and Janet Butterfield, all those
in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1
ACRE TO C-G FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY:
ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY:
Johnson: So we will handle items 10 and 11 at this time, I will now open the public
hearing and invite the applicant to -come forward and address the Commission or his
representative.
Chuck Elliott, 424 Pebble Beach Way, Eagle, was sworn by the City Attorney.
Elliott: This will be a vinyl fencing and decking company, wholesale and retail. Due to the
hour are there any questions on the application?
Johnson: This is early for us. Does anyone have any questions of Mr. Elliott? I assume
you have reviewed the comments. Have you looked at the November 8 letter from Bruce
Freckleton the City Engineer and do you have any comments regarding those?
Elliott: Yes I have, item #1 1 know that Pinnacle Engineering is in the process of re-doing
the markings on the property.
Johnson: Any other comments on those?
Elliott: No, we plan, I don't see any problems with any of the recommendations.
~ a
HUB OF TREASURE VALLEY
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.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATNA. WOLFKIEL, DMV Supervisor
KENNETH 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) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
MEMORANDUM:
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
November 9, 1995
Re: AUTOMOTIVE SERVICE STATION by Dennis & Janet Butterfield
(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:
• GENERAL
1. Any existing irrigation drainage ditches crossing the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the
appropriate irrigation/drainage district, lateral users association or down stream users, with
written confirmation of said approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
4. Paving and striping shall be in accordance with the standazds set forth in Sections
11-2-414. D. 4 and 11-2-414. D. 5 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted for all off-street parking azeas and shall be approved by the City
Engineer (Ord. 557, 10-1-91).
6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby
residential azeas and in accordance with City Ordinance Section 11-2-414. D. 3.
BUTTERFL.PBcZ
•
Mayor and Council
November 9, 1995
Page 2
•
7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development Ordinance.
• SITE SPECIFIC COMMENTS:
1. Sanitary Sewer and Water services are existing at the proposed site. Applicant will
responsible to supply the Public Works Department with information as to the additional
impact the new proposed use will have on water and sewer usage. Additional Assessment
fees may be chargers against this account to cover the additional impact. Applicant will be
required to enter into a Re-Assessment Agreement at this time.
BUTrERFL.P&Z
COUNCIL MEMBERS
OFFICIALS HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA
MAX YERRINGTON
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN
BRUCE D. STUART, Water Works Supt. WALT W. MORROW
JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO P & Z COMMISSION
DENNIS'J. SUMMERS, Parks supt.
SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642
JIM JOHNSON, Chairman
PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI
KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 JIM SHEARER
W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE
WAYNE G. CROOKSTON, JR., Attorney TIM HEPPER
GRANT P. KINGSFORD
MEMORANDUM Mayor
TO: Planning & Zoning Commission, Mayor and Council
~
FROM: les, Planning & Zoning Administrator
S~a
DATE: November 13, 1995
SUBJECT: Conditional Use Permit for an Automobile Service Station by Dennis &
Janet Butterfield - 1332 East First Street
One three-inch caliper tree is required for each 1,500 square feet of pavement. All off-
street parking areas are to be paved and striped.
2. No storage of equipment or disabled vehicles will be permitted unless adequately screened
from view in accordance with City Ordinances. Miscellaneous parts and equipment shall
be screened from view, both from the street and adjacent residential properties.
3. Any trash receptacle areas shall be screened in accordance with City Ordinance.
4. A Certificate of Occupancy is required in accordance with City Ordinance.
5. Disposal of hazardous substances shall meet all local, State and Federal requirements.
Unlawful discharge into the City sewer system will be prosecuted to the full extent of the
law.
6. Commission and Council should consider option of yearly review and limiting hours of
operation per noise ordinance.
The major impact from this project will probably be felt by the Applicant's tenant in the existing
house. When the applicants first approached me with this project, I allowed them to move in
provided they were discreet and went ahead with filing the required conditional use permit. I
realize now this was poor judgment and will not permit this again, and I apologize for any
problems this may have caused. I was looking at the fact that typical permitted uses in this zone
do not really fit the existing building. For example, car washes, banks, clinics, convenience
stores, dry cleaners, even hotels would be permitted uses in this zone, but an automobile service
station requires a conditional use permit.
I recommend that the CUP be granted in accordance with City Ordinances and staff and agency
comments.
n
MERIDIAN PLANNING & ZONING COMMISSION MEETING: DECEMBER 12.1995
APPLICANT: DENNIS 8~ JANET BUTTERFIELD AGENDA ITEM NUMBER: 6
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE SERVICE STATION
AGEN Y
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
FINDNGS 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:
~GI~
~~~
~Y°°
~~
~Q~B
ass '~ C ~ ~
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CONDITIONAL USE PERMIT FOR AUTOMOBILE
SERVICE STATION
DENNIS BUTTERFIELD, APPLICANT
1332 EAST FIRST STREET
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
November 14, 1995, at the hour of 7:30 o'clock p.m., the
Petitioner, Dennis Butterfield, appearing in person, the Planning
and Zoning Commission of the City of Meridian having duly
considered the evidence and the matter makes the following Findings
of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
public hearing scheduled for November 14, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the November 14, 1995,
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 this property is located within the City of Meridian
and the Applicant is the owner of the property and has authorized
the conditional use permit; that the property is described in the
application which description is incorporated herein.
.FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 1
u
•
3. That the property is zoned C-C (Community Business
District), which requires a conditional use permit for the
operation of an automobile service station including a brake and
alignment service business, which the application requests.
4. That the Community Business (C-C) District is described
in the Zoning Ordinance, 11-2-408 B. 12. as follows:
(C-C) Community Business District: The purpose of the (C-
C) District is to permit the establishment of general
business uses that are of a larger scale than a
neighborhood business, and to encourage the development
of modern shopping centers with adequate off-street
parking facilities, and associated site amenities to
serve area residents and employees; to prohibit strip
commercial development and encourage the clustering of
commercial enterprises. All such districts shall have
direct access to a transportation arterial and collector
and be connected to the Municipal Water and Sewer systems
of the City of Meridian.
5. That the use proposed by Applicant is a specifically
allowed conditional use in the Zoning Schedule of Use Control, 11-
2-409.
6. That the residence is currently rented out; that the shop
in the rear had been used as a plumbing business until July 1995
and has been vacant since then; that the proposed tenant of the
shop in the .rear will provide Meridian with its only independent
brake and alignment specialist; that he will open as a one man
shop, possibly expanding to a second mechanic at a later date; that
this repair shop is an "in and out" in a few hours type of
business; a service oriented business, dealing with basically
alignment and brakes of automobiles.
7. That there are other properties along East First Street
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 2
• •
near the Applicant's property that are zoned Community Commercial
and other commercial zones that were initially zoned residential
but have been re-zoned to commericial zones, some of which are
still used for residential purposes and some of which are used for
commericial purposes; that Faye Buchanan, who owns Accent Funeral
Services at 1303 East First Street, Meridian, Idaho, owns the
property at that address and uses it as a residence and for the
operation of her funeral service business; that the same is true of
quiti2a few other businesses along East First Street; that a letter
of objection to this conditional use permit was submitted by E.
Faye Buchanan, and such is incorporated herein as if set forth in
full.
8. That sewer and water is available to the property.
9. That Mr. Butterfield testified before the Commission that
some work had been done on this building recently; that it is in
first class condition, with the walls dressed up and some work done
on the lighting.
10. The tenant, John Biss, who will operate the business,
testified that his business is just a small two (2) man shop; that
basically would be for alignment and brakes for most cars "in and
out" in a couple of hours; that he has worked for Big-O Tires for
16 years and plans to be here in business for many more; that his
advertised hours are going to be 8:00 a.m. to 5:00 p.m. , Monday
through Friday and variable hours on Saturday, probably 8:00 a.m.
until noon; that the type of service will be brakes, alignment, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 3
• •
some minor tune up, spark plugs, rotating of tires, mounting and
balancing; that he will only be using the back portion of the
property for the business and that the sign is the only part of the
business out front.
11. That the Meridian Planning and Zoning Administrator,
Shari Stiles, and Assistant to the City Engineer, Bruce Freckleton
submitted comments and they are incorporated herein as if set forth
in full; that Shari Stiles commented that one three-inch caliper
tree is required for each 1,500 square feet of pavement; that all
off-street parking areas are to be paved and striped; that no
storage of equipment or disabled vehicles will be permitted unless
adequately screened from view; that miscellaneous parts and
equipment shall be screened from view, both from the street and
adjacent residential properties; that any trash receptable areas
shall be screened in accordance with City Ordinance; that a
Certificate of Occupancy is required in accordance with City
Ordinance; that the disposal of hazardous substances shall meet all
local, State and Federal requirements and that any unlawful
discharge into the City sewer system will be prosecuted to the full
extent of the law; that the option of yearly review and limiting
hours of operation per noise ordinance should be considered by the
Commission and City Council; and that the major impact from this
project will probably be felt by the Applicant's tenant in the
existing house.
12. That the comments submitted by Bruce Freckleton,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 4
•
Assistant to the City Engineer are as follows:
a. Any existing irrigation/drainage ditches crossing the
property shall be tiled;
b. That any existing domestic wells and/or septic systems
within this project will have to be removed from their
domestic service per City Ordinance, but wells may be
used for non-domestic purposes such as landscape
irrigation;
c. That a drainage plan designed by an architect or an
engineer shall be submitted for all off-street parking
areas;
d. That outside lighting shall be designed and placed so as
to not direct illumination on any nearby residences;
e. That all signage shall be in accordance with Meridian
City Ordinances and;
f. That the paving and striping shall be in accordance with
the Americans with Disabilities Act.
13. That Central District Health Department, the Meridian
Fire Department, the Nampa & Meridian Irrigation and the Meridian
Police Department submitted comments and they are hereby
incorporated herein as if set forth in full.
14. That the Meridian Fire Marshall submitted comment that
any welding equipment or cutting torch use may result in having to
have the building fire sprinklered; that the trees along the
driveway accessing the rear building will need to be kept free from
overhanging the driveway so as not to catch lights of fire and
emergency vehicles.
15. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
16. That there was no other public testimony given.
CONCLUSIONS
1. That all the procedural requirements of the Local
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 5
• •
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 Sections A and D of Section 11-2-418 of the Revised
and Compiled Ordinances of the City of Meridian state as follows:
"A GENERAL
The Commission shall hold a public hearing on each Conditional
use application. The Commission shall recommend approval, or
approve with conditions, or deny a Conditional Use application
under the conditions as herein specified and consider such
additional safeguards as will uphold the intent of this
Ordinance.
D SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
In approving any Conditional Use, the Commission and Council
may prescribe appropriate conditions, bonds and safeguards in
conformity with this Ordinance. Violations of such
conditions, bonds or safeguards, when made a part of the terms
under which the Conditional Use is granted, shall be deemed a
violation of the Ordinance and grounds to revoke the
Conditional Use. The Commission and Council may prescribe a
set time period for which a Conditional Use may be in
existence.
4. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
5. That 11-2-418 C of the Revised and Compiled Ordinances of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 6
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 but the Zoning
Ordinance requires a conditional use permit to
allow the use.
c. The use apparently should be designed and
constructed, to be harmonious in appearance with
the intended character of the general vicinity.
d. That the use should 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 should not create excessive additional
requirements at public cost for public facilities
and services and the use should not be detrimental
to the economic welfare of the community.
g. The use should not involve a use, activity,
process, material, equipment or conditions of
operation that would be detrimental to person,
property or the general welfare by reason of
excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use is required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That the comments of the City Engineer and the Planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 7
and Zoning Administrator must be met and complied with.
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, the Uniform Electrical Code, the
Fire and Life Safety Code, all parking and landscaping
requirements.
7. That the landscaping must be placed, any outdoor storage
and/or trash receptacles properly screened, prior to issuance of an
occupancy permit.
8. That the structure on the property must be brought up to
all codes prior to issuance of an occupancy permit.
9. That since conditions may be placed upon the granting of
a conditional use permit to minimize adverse impact on other
development, it is recommended to the City Council that it consider
the reasonableness of the following suggested conditions of
granting the conditional use, to wit:
a) The hours of operation shall be restricted from 7:00 a.m.
7:00 p.m. , Monday through Friday, and from 8:00 a.m. 5:00
p.m. on Saturday, and closed Sunday.
b) The operator of the business may perform work and labor
on Sunday but the business shall not be open for business
on Sunday.
c) That the business shall only do alignments, brakes, minor
tune-ups, spark plugs, rotating of tires, mounting and
balancing of tires.
d) That if the Applicant, or Applicant's tenant, desires to
perform any other work or services, he, or they, shall
apply to the Planning and Zoning Administrator to perform
that addition type of work and she shall have authority,
in her sole discretion, to allow that type of service.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 8
e) That the business shall only use the back portion of the
property for the business and that the sign shall be the
only part of the business out front.
f) That the conditional use should not be restricted to a
time period of authorization but shall be reviewed
periodically, upon notice to the applicant, for violation
of the Ordinances of the City of Meridian or any of the
conditions stated herein, as has been done in other
conditional uses.
g) That the conditional use, pursuant to the Zoning
Ordinance, shall not be transferable to another owner of
the property or to another property.
h) That the Applicant shall meet the requirements of the
City Engineer and Planning and Zoning Administrator.
10. That the above conditions are concluded to be reasonable
and the Applicant shall meet those conditions.
APPROVAL OF FINDINC~i3 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-it9tT1QT1~E~E DSO-(~~
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD
VOTED
VOTEDz
VOTED 47rI ~"~- u"'
VOTE D~~G~
VOTED
PAGE 9
•
DECISION AND RECOI~II~tENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the Meridian City Council 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:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 10
~ HUB OF TREASURE VALLEY •
COUNCIL MEMBERS
OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
A GOOd PIaCC t0 LIVC RONALD R. TOLSMA
MAX YERRINGTON
JANICE L. GASS, Clty Treasurer
W
r
CITY OF MERIDLAN ROBERT 0. CORRIE
WALT W. MORROW
BRUCE D.STUART Wster
o
k~ pt.
JOHN T. SHAWCROFT, Wasts Water Supt.
P d Z COMMISSION
DENNIS J. SUMMERS, Parks supt. 33 EAST IDAHO JIM JOHNSON, Cluurman
SHARI S. STILES, P b Z Adm.
MERIDIAN, IDAHO 83642 MOE AUDJANI
JIM SHEARER
KENNETH W. BOWERS, Flrs Chlef
W. L. "BILL" GORDON, Pollce Chlef Phone (208) 888-4433 • FAX (208) 887813 ~:; - CHARLIE ROUNTREE
WAYNE G. CROOKSTON, JR., Attorney ;A ~.
Public Works/Building Department (208) 887-2211 ` TIM HEPPER
'
GRANT P. KMGSFORD ~ ~ I ~ ~. ~.. ;,,
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 7, 1995
TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95
REQUEST: Conditional Use Permit for an automobile service station
BY: Dennis 8< Janet Butterfield
JIM JOHNSON, P2
MOE ALIDJANI, P2
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P2
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 ~ FINAL PLAT)
U.S. WEST(PRELIM 8 FINAL PLAT)
INTERMOUNTAIN GASP E & FINAL PLAT)
BUREAU OF ftECLAMA RELIM 8~ FINAL PLA
CITY FILES
OTHER: ~._ -~_
YOUR CONCISE REMAR S:
OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L. GASS, Clty Tresaurer
GARY D. SMITH, P.E. Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Weate Wstsr Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P 6 Z Adm.
KENNETH W. BOWERS, Fire Chlsf
W. L. "BILL" GORDON, Pollcs Chief
WAYNE G. CROOKSTON, JR., Attorney
. HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDLAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887-4813
Public Works/Building Department(206)887-2211
GRANT P. KINGSFORD
Mayor
COUNGLMEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P ~ Z COMMISSION
JIM JOHNSON, Chairman
MOE AUDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM MEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendationswill 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 7, 1995
TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95
REQUEST: Conditional Use Permit for an automobile service station
BY: _.pennis 8~ Janet Butterfield
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 8~ FINAL PLAT~
ADA COUNTY HIGHWAY DISTRICT '"~~~~~,V~
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH O C T 2 3 13!
NAMPA MERIDIAN IRRIGATION DISTRICT ,
SETTLERS IRRIGATION DISTRICT ~-17~~ ~~ MtKr~,a
IDAHO POWER CO.(PRELIM 8 FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLA/MATION(PRE/L~IM( 8~ FINAL PLAT)
OTHER: S ! U ` ~ .3 ' % J'
YOUR CONCISE REMARKS:
s ~s~iu.e rs ss .4Lt?.~.q- ~ r ~l ~ r"iA ~ ~~
.T Tl..e N J d> ~4 W N W •2 t r iya
..- ~
d ,2 ~e r~~_~ .~.~ .e ~.N~ 7ib wR ~ h
D a ry' 7''~t ..e ~ ~ ~D Th ~H M ~ c 1~. /IJ v2 ~ q~ u '~
0
~~~~
CENTRAL CENTRAL DISTRICT HEALTH DEPARI'1~1EI~. ,..-..;, ~~ ~;.
~•• oisTRicT Environmental Health Division r ~ ~~ ~``~° ~ °`°`' a
~ ^ ^ HEALTH Return to:
~', j. i .~ i ~r`t~] Boise
DEPARTMENT
~~~-~~~ ; ~,1=agle
Garden city
Rezone # ~M
Conditional Use # Uf'O/LI pT/I/L% S~,rz t1/ G C eridian
^ Kuna
Preliminary /Final /Short Plat ^ ACZ
^ I . We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water
^ 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
~- 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
central sewage ^ community sewage system ^ community water well
^ interim sewage Central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
10.
^ I I.
^ 12.
Street Runoff is not to create a mosquito breeding problem.
Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules.
^ Groundwater Protection
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 14. 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 /o z6
15. Date: 7_/
S O2 f~~f2 /LJ~N,~fs-~~'1~NT ~/2/ ~~~ZiA- /S Reviewed By:
~fJ3~7~i{f~c~ /~ /~ ,~'y,S'T~~ /S CO/~1Trt y c TAD ,
Review t
LDHD 10/91 rcb, rev. I/95
H
NT MAIN OFFICE • 101 N. ARMSTRONG PL • BCISE.10.83104-0815 • (108) 375.5111 . FqX 327.8500
To prevent and dneat disease and disability; to promote healthy lijestyles; and to protect and promote the health and quality ojour environnunt
STORMWATER MANAGEMENT RECOMMENDATIONS
We recommend that the first one half inch of stormwater be pretreated through a grassy Swale
prior to dischazge 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 19892
2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND
SITE DRAINAGE MANAGEMENT
3) CALIFORl~TIA 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
Serving Valley, Elmore, Boise, and Ada Countirs
Ado / lae~ CaWp OIOu WIC IoiW • Mrndon Bmor• Carter Osn Onion CarMp Or>n Va1rr Cou+M Diet
107 K Anrrforg PL 1600 QOOeR $t S~ E EIA SMOet K d fmionnudd fboln P.O. Aor 11~
~. Q lIJ10WS2S 8oae. m. rlJ70S Manton Ftortr. 0. 190 S .tlf Strut E MCCd Q CJA11
Ernno. ttralre ~l•1199 vn. 3JaJJSS 83617 RL SA7-te07 Manton tbnr. ~. vl- e~a71P1
fanrr gotr+n~ rt7amo 321 Merdon Ad 83e17 PA 5874?~S
MtnrnmaAone J2l•7150
r rt7a16o Mendlan. ~. eJerl
~ sea~esas
'MC. ~7•Td88
CENTRAL
•• DISTRICT
ii~HEALT
DE~ARTME
• HUB OF TREASURE VALLEY ~
OFFICIALS COUNCIL MEMBERS
WILLIAM G. BERG, Jr., Clty Clerk *•
A GOOd Place t0 l..IVC RONALD R. TOLSMA
MAX YERRINGTON
JANICE L. GASS, Clty Treasurer l/''1
ITY OF MERIDIAN ROBERT D. CORRIE
WALT W. MORROW
BRUCE D. STUART, Water Works Supt. ~/
JOHN T. SHAWCROFT, Weste Watsr Supt. P d 2 COMMISSION
DENNIS J. SUMMERS, Parks supt.
SHARI S
STILES
P b 2 Adm 33 EAST IDAHO (~ f"'
~ ~ `/ F~ , ~' `~ ~ i ~'' JIM JOHNSON, Chairman
MOE AUD
.
,
.
MERIDIAN
IDAHO 83 9n 1 n
"''~ JANI
KENNETH W. BOWERS, FlreChlef
W. L "BILL" GORDON, Pollcs Chlsf ,
s,,~ ~ •,, .
_
•' " ~ r'"" t-''- ° • i ~-' ^ ' • ^
Phone (208) 888-4433 • FAX (208) 887813 ~ ~ " " ' ' ' - ' ~ ~ JIM SHEARER
CHARLIE ROUNTREE
WAYNE G. CROOKSTON, JR., Attorney
PUb11C WO[ks/BUilding Dt~actmalt (208)887-221 I TIM HEPPER
GRANT P. KINGSFORD ~ , ~ ~ ~ ~ r ' I ~ ~ J
,
r ~
~~
TRANSMITTAL TO AGENCIES FOR COMMENTS ON ~VELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning St Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995
TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11!14/95
REQUEST: Conditional Use Permit for an automobile service station
BY: Dennis ~ Janet Butterfield
JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION
TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR ~NAMPA MERIDIAN IRRIGATION DISTRICT
RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT
BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT)
WALT MORROW, C/C U.S. WEST(PRELIM 8r FINAL PLAT)
MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT)
WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
SEWER DEPARTMENT CITY FILES
BUILDING DEPARTMENT OTHER:
FIRE DEPARTMENT YOUR CONCISE REMARKS: atera s an was e w y
POLICE DEPARTMENT must be protected. Municipa sur ace rainage mus
CITY ATTORNEY be retained on site. If any surface drainage leaves
CITY ENGINEER the site, Nampa & Meridian Irrigation District must
_CITYPLANNER review drainage plans. It is recommended that
irrigation water be made available to all developments within this District
Nampa & Meridian Irrigation District requires that a Land Use Change/Site
Development application be filed for review prior to final platting Contact
Donna Moore at 343-1884 or 466-7861 for further information.
',.y .:;
2..~V I~"iw i vi ~ . ~ k1.,t~
Nampa & Meridian Irrigation District
"1 r
'a/6ParC `~6fl ~~'a~atli'.l1~uf ~A.
OFFICIALS
•
HUB OF TREASURE VALLEY COUNCIL MEMBERS
A Good Place to Live MAX YERRIHaTONA
CITY OF MERIDLAN ROSERTD.CORRIE
WALT W. MORROW
P 3 2 COMMISSION
33 EAST IDAHO JIM JOHNSON, Chairman
MERIDIAN, IDAHO 83642 JIM SNEARERI
Phone (ZOS) 888x1433 • FAX (208) 887813 CHARLIE ROUNTREE
TIM HEPPER
Public Works/Building Department(208)887-2211
GRANT P. iICINGSFORD
Maya
WILLIAM f3. SERt3, Jr., City Clerk
JANICE L (iAS8, Ciry Trouuror
GARY D. SMITH, P.E. Clry Enpinesr
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Wute Water Supt.
DENN18 J. SUMMERS, Parks Supt.
SHARI S. STILES, P 3 2 Adm.
KENNETH W. BOWERS, Fire Chlef
W. L "BILL" fiORDON, Pollce Chlef
WAYNE Q. CROOKSTON, JR., Attomsy
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 7, 1995
TRANSMITTAL DATE: 10!19/95 HEARING DATE: 11/14/95
REQUEST: Conditional Use Permit for an automobile service station
BY: Dennis 8~ Janet Butterfield
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JIM JOHNSON, P2
MOE AUDJANI, P2
JIM SHEARER, P2
CHARLES ROUNTREE, P2
TIM HEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER ~ ,
ATER DEPARTMENT
k:flLPA#A
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PREUM ~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PREUM 8 FINAL PLAT)
U.S. WEST(PREUM ~ FINAL PLAT)
INTERMOUNTAIN GAS(PREUM & FINAL PLAT)
BUREAU OF ftECLAMATION(PRELIM 8t FINAL PLAT)
CITY FILES
YOUR
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O C T 2 3 1995
~;1TY Oh M~KIUTA~
Phone
~2os) 888-5833 FUNERAL
SERVICES
HOME
P.O. Box 383
1303 East First
Meridian, Idaho 83680
~ECEIVE~
E. FAYE BUCHANAN, Director
November 13, 1995
Meridian Planning and Zoning Board
William G. Berg, Jr., City Clerk
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
Dear Sirs:
NOV 1 3 1995
~l~`Y 0~ tMtKill1A=
Please accept this letter as objection to the conditional use permit
application for the property at 1332 East First Street fo~° the purpose
of an automobile service station and brake and alignment shop.
This type of business is not in compliance with the comprehensive plan
and limited office-type businesses envisioned for development with the
houses and homes on East First Street. We feel this distracts f'$o~ the
image we wish to convey as a city at this location. With automobile repair
come automobile parts and parked cars waiting for those repairs. The shop
area used for plumbing service trucks and those truck/van garaging was not
within the comprehensive plan either but certainly more plausible and
passible than automobile repair. We have noted that the new business sign
was in place before the notice was received, so we hope that our objection
is not overlooked or a moot point. There are a number of zones within the
city which are zoned for this type of business and we would hope that
this automobile repair business could relocate to an appropriate
location in Meridian. There are this type of repair. businesses in downtown
Old Towne all ready in place that were'grandfathered' and which we have
hoped as business people and Chamber of Commerce and city committees could
move out from the core as they become unsightly. As a business in operation
for ten years. near this proposed location, we would hope this could be kept
from happening again.
Thank you for your dedication to the people of Meridian, and if we may
provide further testimony, please do not hesitate. to contact us.
Sincere ,
. Fa sewer Buchanan
Owner/Director
cc
With The Emphasis on Personal Care
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Meridian Planning & Zoning Commission
December 12, 1995
Page 11
Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
recommends to the City Council 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.
Hepper: Second
Johnson: We have a motion and a second to pass a favorable recommendation as stated
onto the City Council, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6" FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT REQUEST FOR AN AUTOMOBILE SERVICE STATION BY DENNIS AND
JANET BUTTERFIELD:
Johnson: Any comments or discussion or corrections to these findings of fact as prepared?
There is one typo that 1 would like to point out on page 3, first paragraph, nine lines down
or so, the work should be quite. Any other changes to these? Any discussion regarding
the 1•Indings of fact?
Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
adopts and approves these findings of fact.
Alidjani: Second
Johnson: Moved by Commissioner Hepper, seconded by Commissioner Alidjani to approve
the findings of fact and conclusions of law as prepared. Roll call vote.
ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Abstain, Alidjani -Yea
MOTION CARRIED: All Yea
Johnson: Recommendation to the City?
Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
recommends to the Meridian City Council 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.
Alidjani: Second
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Meridian Planning & Zoning Commission
December 12, 1995
Page 12
Johnson: Moved and seconded to pass a recommendation onto the City Council as read
by Commissioner Hepper, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Copies of these findings of fact now that they are approved will be available from
the City Clerk tomorrow.
ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING REQUEST WITH A CONDITIONAL USE PERMIT FOR BUTTE FENCE BY
ELLIOTT INDUSTRIAL COMPANY:
Johnson: Any discussion or comments regarding the findings of fact for Elliott Industrial
Company? If there are none I will entertain a motion please.
Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
adopts and approves these findings of fact.
Shearer: Second
Johnson: Moved and seconded then to approve the findings of fact as prepared, roll call
vote.
ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Yea, Alidjani -Yea
MOTION CARRIED: All Yea
Johnson: Is there a recommendation for the City Council?
Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission of the City
of Meridian recommend to the City Council that the property set forth in the application be
approved for annexation and zoning and the issuance of a conditional use permit under
the conditions set forth in the conclusions of law.
Shearer: Second
Johnson: We have a motion and a second to pass a recommendation onto the City as
stated, all those in favor? Opposed?
MOTION CARRIED: All Yea
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Meridian Planning & Zoning Commission
November 14, 1995
Page 43
Stiles: Beyond that, the sidewalk would be within the 45 feet.
Johnson: Thank you Shari, Dirk, did you want to comment on the access question?
Marcum: Okay, the access is off of Franklin Road, there is no access off of 10th, it is all
landscaped around that corner. Access if off Franklin Road. The setback on the project
we actually, the buildings are another, our one building is going to be approximately 110
feet off Franklin Road and the other ones have the 35 foot plus the 30 foot plus the
adjusted easement for the new road. So, I guess we have the 65 foot of our property plus
the 45 feet I guess. So they are substantially back off of Franklin Road.
Johnson: Okay, thank you. Does anyone else have anything to add from the public before
we close the hearing? I will close the public hearing at this time. Any questions, any
discussion? This would require findings of fact and conclusions.
Shearer: Mr. Chairman, I move that we have the City Attorney prepare findings of fact and
conclusions of law on this project.
Rountree: Second
Johnson: It is moved and seconded we have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Elaine, you may want to avail yourself of those findings of fact. We will have
those at our next meeting and once we act on those then they are available to the public.
So our next meeting is the 12th of December and then following that we will have those
available for you. What that does is incorporates the testimony from this evening plus
where we stand in accordance with our ordinances and the desires.
ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SERVICE STATION BY DENNIS AND JANET BUTTERFIELD:
Shearer: Mr. Chairman, I will abstain from this project since it is adjacent to my property.
Johnson: Do you want to remove yourself from the podium please.
Dennis Butterfield, 2833 Autumn Way, was sworn by the City Attorney.
Alidjani: Counselor, I also received a letter from the City owning the school property,
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Meridian Planning & Zoning Commission
November 14, 1995
Page 44
would I have conflict of interest?
Crookston: Is that within 300 feet?
Alidjani: One comer of my property. is within the 300 feet and that is at 200 East Carlton,
the back portion of the post office is parallel to my line of property.
Crookston: You have under the ethics in government law you have the requirement to
disclose that the Commission and if the Commission desires you step down if they say so,
if they say it is not a big enough deal they can say you can preside. So, the request is to
the Commission.
Alidjani: Commission I have disclosed the possibility of a conflict of interest.
Johnson: Do you think that would affect your decision or judgement in this issue?
Alidjani: I don't think so.
Johnson: Then we will consider that not to be a conflict of interest at this time.
Crookston: I think you need to vote.
Johnson: I never get to make a decision here, it really gets frustrating. It is kind of like
leading the choir you never get to sing.
Rountree: Mr. Chairman, I make a motion that the Commission allows you to make a
decision on this.
Johnson: Okay, we have a motion is there a second?
Hepper: Second
Johnson: Alt those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: You can stick around Moe.
Butterfield: Okay, we bought- that property back in 1989 I believe and we found it
necessary to get some zoning done on it so that we could have our plumbing shop over
there. We went through the motions of having it zoned and we ended up with a C-C
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Meridian Planning & Zoning Commission
November 14, 1995
Page 45
zoning and we didn't really realize how restrictive it was at the time. Here we are, we are
here to apply for some conditional use. I just wanted to talk to you a little bit about the
history of that property. We had Meridian Plumbing over there, we outgrew the property
ourselves. And then we rented it to another competitor pluming company and they had
quite a bit of traffic over there. They were going 24 hours a day. I just wanted to contrast
what we had there to what John Biss is proposing here. It is a small business like a one
or two man shop. If you have ever watched a mechanic shop of that size you are going
to have a fairly slow rate of traffic in and out of there. So it is a step up in that way. We
have done some work on the building recently and I don't know that it has a lot of bearing
with what you guys are considering here. We tried to put it in a first class condition.
(Inaudible) the walls in there are dressed up, we did some work on the lighting, it is a nice
building. We have talked with John on various occasions and indicated we want it to be
kept in first class condition. He is in agreeance with that. We selected John because we
have known him for over 10 years, we have dealt with him in his, He was working with Big-
O. He will talk a little more about himself in a minute. We considered him to be to have
good character, good work ethic and we have confidence in him that he will be a real asset
to the Meridian business community. That is basically what I had.
Johnson: Any questions of Dennis? For the record I want to point out for you that if you
haven't received it or haven't noticed it there is a letter of objection dated November 13
from E. Faye Brewer Buchanan opposing this application, this conditional use permit.
John Biss, 7504 Lima Drive, Nampa, was sworn by the City Attorney.
Biss: My business is just a small 2 man shop. Me and a part time helper is going to do it.
All I do is basically alignment and brakes, most cars are in and out in a couple of hours.
There will be an occasional car that is there a little longer than that but for the most part
any major engine work that type of stuff that involves tearing a car apart and leaving it
apart for weeks isn't' going to happen, it isn't what I want to do. I have been I have worked
for Big-O tire for 16 years, I have probably worked on everybody's care here at least once
or twice. I do professional work, I plan on being in business hopefully for another 20 years
and hopefully I have no problem continue doing that. I don't have any questions but I
would sure like to answer any that you have.
Johnson: Any questions of Mr. Biss?
Rountree: What do you propose your hours of operation?
Biss: I have to advertise, I am going to advertise hours between 8 and 5 during the week
and Saturdays it is going to be variable probably 8 to noon on Saturdays.
Meridian Planning & Zoning Commission
November 14, 1995
Page 46
Rountree: (Inaudible) primarily just brake service?
Biss: Brake alignment, I am also going to da some minor tune up, spark plugs that type
of thing. As far as pulling the heads off the valves no I am not wanting to get into that do
some general maintenance of cars: Rotate some tires, mount and balance a couple tires
now and again.
Hepper: Did you see the comments from the Fire Chief, do you have any welding
equipment or cutting torches?
Biss: I do and I don't have to use them very often only occasionally and I guess if it is a
problem we can remove those.
Hepper: Well, he just had a comment there that you might need to have the building fire
sprinkled. Personally I wouldn't think so but I am not the Fire Marshall.
Biss: I hope not, I would like to leave those there.
Hepper: You may have to clear that up with him.
Biss: I am assuming he will come by and address that.
Alidjani: Are you utilizing any portion of the house in front or strictly you are going to stay
on the back, needless to say I am very familiar with that property.
Biss: Just the shop in the back is all I am using, nothing in front. The sign is part of the
business but the sign is in front.
Johnson: I assume you have read these comments. The one specifically from the Sewer
department do you recall that. They talk about pre-treatment prior to sewer use of certain
materials what is your response to that?
Biss: I am not 100% certain of what they are talking about. I am hoping they will come and
address me about that and fix anything that needs to be fixed if anything needs to be fixed.
Johnson: I think they are talking about hazardous waste or grease and would get into, it
might require a sediment trap is one of the comments they made. But you haven't spoken
to them directly?
Biss: No
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Meridian Planning & Zoning Commission
November 14, 1995
Page 47
Johnson: Anyone else have any questions of John? Thanks John, is there anyone else
that would like to come forward on this application? Any comments from staff other than
those we already have in writing? I will close the public hearing at this time. This is a
request for a conditional use permit, this would require findings of fact.
Alidjani: Mr. Chairman I would make a motion we have the City Attorney prepare findings
of fact and conclusions of law.
Rountree: Second
Johnson: It has been moved and seconded we have the City Attorney prepare findings of
fact and conclusions of law on the application by Dennis and Janet Butterfield, all those
in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1
ACRE TO C-G FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY:
ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY:
Johnson: So we will handle items 10 and 11 at this time, 1 will now open the public
hearing and invite the applicant to come forward and address the Commission or his
representative.
Chuck Elliott, 424 Pebble Beach Way, Eagle, was sworn by the City Attorney.
Elliott: This will be a vinyl fencing and decking company, wholesale and retail. Due to the
hour are there any questions on the application?
Johnson: This is early for us. Does anyone have any questions of Mr. Elliott? I assume
you have reviewed the comments. Have you looked at the November 8 letter from Bruce
Freckleton the City Engineer and do you have any comments regarding those?
Elliott: Yes I have, item #1 I know that Pinnacle Engineering is in the process of re-doing
the markings on the property.
Johnson: Any other comments on those?
Elliott: No, we plan, I don't see any problems with any of the recommendations.
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MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: NOVEMBER 14.1995
APPLICANT: DENNIS A JANET BUTTERFIELD AGENDA ITEM NUMBER: 9
REQUEST:I'U~LIC HEARING: REQUEST FOR A CONDI'f10NAL USE PERMIT FOR AN AUTOMOBILE
CY
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:
SEE ATTACHED COMMENTS
"REVIEWED"
SEE ATTACHED COMMENTS
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SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
OTHER:
~[ Materials presented at public meetings shall become property of the City of Meridian.