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Zamzows CUPWILLIAM 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 PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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 5, 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Conditional Use Permit for anew/used R V sales/service facility BY: _Zamzows Inc. LOCATION OF PROPERTY OR PROJECT: 203 E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(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: Zamzow's Inc. PHONE: 375-0022 ADDRESS: 4741 Glenwood; Boise, ID 83714 GENERAL LOCATION: ?03 East 1st Street; Meridian Idaho DESCRIPTION OF PROPOSED CONDITIONAL USE: New and used recreational vehicle sales lot and service facility. ZONING CLASSIFICATION: C-G 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 30 copies). Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meriuian 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 +-J~.vAL ~.v ~ ~~,~ yr rutsl.lC: ririAK1NG SUPPLEMENTAL INFORMATION IN SUPPORT OF APPLICATION FOR CONDITIONAL USE PERMIT In support of its application for Conditional Use Permit, Zamzow's, Inc. provides the following information pursuant to Section 2-418 of the City of Meridian's Zoning and Development Ordinance: 1. The name, address and phone number of the applicant is contained on the face of the Conditional Use Permit Application. 2. The name, address and phone number of the owner of the property is the same as the applicant. 3. The legal description of the property is attached hereto as Exhibit 1. 4. Proof of ownership, in the form of a warranty deed showing title in the name of Zamzow's, Inc. is attached hereto as Exhibit 1. 5. A portion of the property which is the subject of this Conditional Use Permit Application is presently used as a new and used recreational vehicle sales lot and service facility pursuant to a conditional use permit issued by the City of Meridian eazlier this year. The purpose of this application is to permit that use to be expanded to the balance of the property owned by the applicant. Historically, the property was used as a new and used automobile sales and service facility operated by Meridian Ford. The property was vacant between November 1995 and September 1996 when the present tenant moved its recreational vehicle sales and service operation onto a portion of the premises. It is intended that the use of the property, if the application is approved, will be consistent with the use as previously approved by the City. 6. The present zoning classification of the subject property is shown on the face of the Application. 7. Thirty copies of a vicinity map in accordance with the requirements of the ordinance aze attached hereto as Exhibit 2. 8. A portion of the premises is currently being used as is contemplated for the balance of the premises in the event the Conditional Use Permit Application is approved. The premises were used for many years by Meridian Ford, Inc. as its primary sales lot and repair shop. Because of such long term use, the premises are already developed for the use proposed by the applicant. The premises aze bounded on the east and west by East lst Street and Meridian Road, respectively, by the Les Schwab Tire Sales and Service Center to the south, and by a residential dwelling on the north. The vicinity of the property is lazgely commercial in nature except for a few interspersed residential properties. The historical use of the property, taken together with the general chazacter of the surrounding properties being commercial make the proposed use compatible with the neighborhood. Included with this application aze 30 copies of a site plan for the premises on which is depicted the applicant's proposed landscaping plan. Included on that plan is a proposed landscape buffer of approximately 10 feet in width located -1- • • immediately adjacent to the residential property to the north of the premises. This landscape buffer is intended to mitigate any adverse impacts of the proposed use on that residential property. 9. Attached hereto as Exhibit 3 is a listing of the mailing addresses of all property owners who aze within 300 feet of the external boundaries of the subject premises which listing was obtained from the Ada County Assessor's Office and verified current as of October 10, 1996. Only the owner of the premises, Zamzow's, Inc., is within the area being considered for a Conditional Use Permit. 10. Attached to this application is a fee in the amount of $275.00 plus $1.42 for each of the 33 owners of properties identified in Exhibit 3, for a total of $321.86. 11. The applicant verifies that it or the user of the property will pay any additional sewer, water, or trash fees or chazges, if any, associated with the use proposed by this application. STATE OF IDAHO ) ss. County of Ada ) I, James B. Zamzow, Chairman of the Boazd of Directors of Zamzow's, Inc., hereby certify that I have read the contents of the Application for Conditional Use Permit and that the information contained therein is true and correct, to the best of my knowledge and belief. DATED this // day of October, 1996. JAMES B. ZAMZOW SUBSCRIBED AND SWORN to before~ne~this / / ~hday of Octob~1996 ~~ Q No Public for Id o My Commission Expires: i o~~ ~~Zpo 0 -2- =0rt Vr1LUE RHCEIVtU hucbend anti wi!O. AWRENCt N. CFIEI-W000 nnJ S'iii;i.^Y S. CFIcT:`+000, 3RANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto zAM20WS, INC. GRANTEES(s}, whoas current eddreas Is: the followlnp descrlbed real property in Ada morn pertlcularly descrlbed as follows, to wit: SEE EXH181T "A" °5007216 • j;.' t;,'~~'iu;~0 ,;, , I ~~ r BOISE IIJ ' g01SE TITLE t ESCf~OW ~'~ '95 FEU~1 p(1 '' 2J FEE --~W -~ :,:.,.. ftECO%GEv :.~ f i': ~~ JE57 Oi TO HAVE AND TO HOLO thndaatd acid IGeentorls)tdoes(dot herebyccoventent to end Gwlthtthe sold Gronteelsltathot heirs and assigns forever. A Grantor(s) is/ere t~°hlch th ~sconveYencolls nxprseaslYon''edo subje t^ond those°mnderrsutter°d or done bYrthee EXCEPT those to eaaemsnts. rights of weft ond e0roemonts.lif eny) Ii nn for tha current Grnnteelal; and subjoct to reaervatlons. restrictions. dedicot one, o} rocord, onaro notroet due and peYebio, end thotcGre'ntorla~wliol werrdant'latndedelend the sumo from nil lewlul yaor, which Y claims whotsoever. Oatad~Fsbruery 1, 1996 ^'~'~-~'~~ ~~~~~~ - ~Shlrfey S. Ch wood Lewrenc• H. Chetwood STATE OF Idaho ,County of Ada . sae On this 1st day of i'abrvery in the Yaar of 1993, before me. tM undersigned, • Notary Pvblic In and for aald State, D•rsonally eppearsd Lawrence H. Chetwood and Shirley S. Chetwood a rso hws nemes known or Idsptiliedt me to IM t are aubs {tSed to the thin rumen rd a kr+owl 9ed to m• ~t they execute .the name. l9 9I re• , Neme: PsrtnY R• Combs Resldln9 at: Msrldlen, ideho u., ~r,mmis:ion exDlres: O7l104I00 g ~ t7 ~ o r,~ ~~ .~ N~ pV8L1C ~'•.F 4F ID ~``~' EXHIBIT Boise Title & Escrow, Inc. County, State of Idaho, - ~ • r ~ - EXHIBIT "A" Ia tract of land situated in Government Lot 1, Section 18, Township 3 North, Range 1 East, Boise Meridian, .Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northwest corner of said Section 18; thence along the Westerly line of said Section 18 South 00°50'53" West, a distance of 2,654.39 feet to a found brass cap monumenting the West quarter corxzer of said Section 18; thence continuing along said Westerly Line North 00°50'53" East, a distance of 1,327.06 feet to a found aluminum cap monumenting the Southwest corner og said Government Lot 1; thence continuing along said Westerly Li,;ne North 00°50'53" East, a distance 625.77. feet (record North 625.70 feet) to the Northwest corner of that certain tract of land described in Instrument No. 4525].9 (records of Ada County, Idaho)] thence leaving said Westerly line along the Northerly line of a~did Instrument No. 452519 South 88°30'16" East, a distance of 25.00 feet to a found steel pin on the Easterly right-of-way of Meridian Road, said steel pin being the REAL POINT OF BEGINNING; thence leaving said Northerly line along said Easterly right-of-way North 00°50'53" East, a distance of 47.20 feet to the Southwest corner of thuntGerldaho)rathencalalongetheibounda~rynofrsaidtTract40InstrumentrNo,og Ada Co y, 406459) the following courses: South 89°09'07" East, a distance of 70.00 feet to a point] thence North 00°50'53" East, a distance of 30.00 feet to a point; thence North 89°09'07" west, a distance of 70.00 feet to a point on the Easterly right-og-way of Meridian Road; thence leaving said boundary (Instrument No. 406459) along said Easterly right-of-way North 00°50'53" East, a distance of 183.40 feCt to a point; thence leaving said Easterly right-of-way South 88°06'02" East, a distance of 150.19 feet to a found steel pin; thence North 00°52'02" East, a distance of 50.08 feet to a found 9tee1 pin; thence North 00°57'00" East, a distance of 9.97 feet to a found steel pin; thence South 89°17'23" East, a distance of 301.81 Beet to a found steel pin on the Westerly r~,ght-of-way of East 1st Street; thence along said westerly right-of-way South Oz°I7'li" Wcst, a distance of 323.70 feet to a found a~teel pin on the Northerly line of that certain tract of land described in Instrument No. 452519 (records of Ada County, Idaha); thence leaving said Westerly right-of-way along said Northerly line (Instrument Nv. 452519) North 88°30'16" West, (record North 89°20' West,) a distance of 449.56 feet to the REAL POINT OF BEGINNING. EXCEPT ditch and toad rights-of-way. • • EBERLE, BERLIN, KADING, TURNBOW ~c MCKLVEEN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW CAPITOL PARK PLAZA TELEPHONE (208) 344-8535 3OO NORTH SIXTH STREET POST OFFICE BOX 1368 FACSIMILE (208) 344-8542 STEPHEN A. BRAD9URY BOISE IDAHO 83701 .JAMES L. BERLIN OF COUNSEL T H. EBERLE (IG22-IG77) October 11, 1996 Shari Stiles Planning & Zoning Administrator 33 East Idaho Avenue Meridian, ID 83642 Re: Request for Conditional Use Permit/Zamzow's Dear Shari: Enclosed is Zamzow's Conditional Use Permit, along with the required copies of the vicinity map and site plan, as well as a check for the application fee and postage. Please do not hesitate to call if you have any questions or need additional information. Very truly yours, STEPH N A. BRADBURY - -- SAB:jkr Attachment cc: Rick Zamzow • • ST"FbJART 3/20/96 S 7 E R ll P U A T E ACr[VE 96 rJ E 4J h( ~' TYPe QtY Vall.re PFMR02P118 Code Area 03 ,250 1.?_000 Data From parcel S111.87.23260 200 79300 M~3;ter Name CORVEL.L EARL C & ELIZABETH P 210 3.170 Bank Code TRUSTEES 410 1.1.8600 9t700 Lien Code Buyer 420 19400 Prepaid C/0 421 7300 L•I•D' Address 97 E 01ST 422 50000- Bankrupt iD 990 Sub.Cede hIERIDIAN 83647 _ 0000 Anexation rrom: 95/05/01 By : ASR_D[X[E Total 278300 Entity Last Change F~em(',t iron Legal PAR f~3260 OF GOVT 1.Or 1 SEC 18 3N 1~ 'I` ff273280-g Grp 000 Ty(i Ot70 Ap ~905681t-1.0 3N lE 18 H.,rd~;lt ip r 1.~~? M 3rJ tE0 tt3 3^_60 Icon i n9 C -G ,r M(=R[D[AN [D 83(14,'_-t]llt]r) D•U• Propt'rty Act. roll: A,1~1re>> 000`.?7 r-. OtSr Rol J l PRIhIARY 01:~-. 0 IJ(l0_(T~x Tv(if' 1. REAL. F2=Select F3=Exit ,iF.wART 3/`t];'~I; (1 P O A (• F Ar. I l v.: 9r; N F W rl A S T F.. R V,,l ue P:3rcel Sl t18)_2 340t) Coii;~ Area 03 )00`? [ r.Y) 1tl M,, ,I ~~I' BF.NFt)(f'T WRA`( 1. ~, MQNA 4t0 3110Q N,amr' J3fi50- N,.,n!; (',tcl~, c~(~O I I Crt (~~)i{.. g~ly~~r lil ~~i',,i~l ('/fl I.. (.U. ;1,icl~ Eo o. '', 4;( :~ MI~.f2lD (r',rJ 1~~1 I;,I,I!~ ~ ,~, r A~li~.:,,r I,)n MI-2fn(AN 8 ;rt;I; Olltll) I=r'~im: q4/LO/l~1 fiy A:>;?_(1rT 3.3350 FrtlitY I•,.3;k (; 'n :, r,~)~' Total Exempt inl~ (_?,3a1 PA12 t~3400 01= Gov r I.0 r t SEC 1.3 3rJ 1F r~9 316 ;54 fl `? 16 "]2l f~8117'~ 3t3 Grp 000 Tyo 000 Ap X8542226 x'#854'2227 x#8542"1.28 3N lE t8 Harcjship .Flag M3NtE0183400 Zoning C-G PropF~rtY RD MER[D[AN ID 83ti42-0000 D.p. NON-OCC Action: Address 00044 TypeEl[REAI, Roll 1 PR[MARY Occ• 0 FIO=Tax F2=Select F3=F_xit ;~~ ,~, s r~ ~J U P D A T E STE4JAR 9G PFh1R02PUg hd E 4J M A S Code Area 03 T E R QtY TYPO 220 Value ?..?_000 Par;.el 57:1:182?_3300 ( ~~ ELIZ.Aq~.TF( C . P X00 x;0400 . N~~me CORYELI.. F..AR . TRUSTEES gr,ryer C/0 Address 97 E 07.ST • MERtDTAN [D 642 - 0000 83 96/02/27 By ASR_KINSI~ Total 7?.400 t_ast Change .C ~ ~l PAR X3300 OF GOVT I.Or 1 T 3/20/96 ACTIVE p~,t.:, From {aster ganl< CodF Lien Code Prepaid L.I.D. gankruPt Sr.rb .Code Anexation From: Entity F. xem(, t i on e) ~ ~,. SEC 7.8 3N lE. ~~9056811-10 G,-P 000 TYP 000 AP 3~`J ll: t3 N.~rd sh i li t~ 1 ,,~) M3NlE=(]18330t] Zoning C--G ST MCR[l)IAN [D 83h4)-OtlOt] p.l~. Prope'r'ty A,' t i ran Ro 1 1 1 PR [MARY 0,-c • 0 Nt1N -UL.C. Acidre•.; 00107 (TYPOIl•rf2k~.Al_ F10=Tax F2-Select F3=Exit ~ ~ In S[F4JAiZT /-t1/, hl A S T E R U P D A T E A (' r[ V .' 9 t~ N t_ 4J (~ r y V .~ l r a r' PFMRi)?.PUd c t, Aria 03 rYP~' . I'~0 1~1~100 D~,t., Frr,rrr parcel St 11.8123410 L'oi~ 2tJO L)400 M., ;t~~r N.am~• gANf: TOhIhIY G 4 LO (3 ,,rr!. C„~1,. I i.~n f'~r~l~• E~r.ry~'r Pr•,.,f~,,.i.I t•/(~ I.. f .Ir. • Ad,1r; - . X34 i I. f L.Af' Iti.,~rl., i ~,r~ r r ~ ~~rrf~ . r ,~,1~• ' AIIHX.rr l,)ti ;3 t; ,:1 - I~ rrtm A:; ;2_0[[ 4i30t) Fnt.ill I_..3~:;t (:han~~c' 94/l0/l4 13y rot<~l F.x~,m(~r i,)n Leal pAR ~~3410 OF GOVr LOr 1 SEC 18 3N 7.F 000 Ap Grp 000 rYP 3N lE 13 Hardship Flag M3N1E0183410 Zoning C-G Property RD MFR[OTAN [D 83ti42-0000 D.D. MF2[D[AN Action: Addre•;, 00055 S P 1 REAL Roll 1 PRiMARY Occ• 0 F10=oax Typ F2=Select F3-Exit ,-1 r... , • • STE4JART 3/20/9`' 96 N E bd t'1 A S T E F: U P O A 7 E ACTIVE fyI r Value PF~P~If<02f'l!B Oata From 511182.23480 Code Area 03 670E y040 Parcel Master N~-~n~E INTERhIOUNTAiN GAS CO G~~nk Code Lien Code B~_rye r• P rePa i d C/0 L.I.D. Address PO BOX 7608 Bankrupt BOISE ID Sr_tb.Code ' 83732 - 0001 Anexati+,n From: 0/00/00 By : Tot~~1 Entity I_as t Change Exemption Leg~~l PAR ~34i30 OF GOVT i_OT 1 SEC l8 3N "l.E ~~~ Grp OOt7 Typ 000 Ap 3N 1F 18 tiard•;hip 1=1,~g M3N1t:0183480 Zoning C-C' D.I. (0 Property Ar..rion: Addre•>~; 00000 Mt:R [0 (AN Type l RF_Al_ Roll 1. PRIhIARY Orc. O N(lj:~(~~x F:%=S~~lt~ct F3=1Kit STEWAI:T 3/2(li"?ti hl A S T E R U P D A f F. A (; f[ V I: pFhlRO PUt3 ~ti N F 4J V.,l+r~ C~~~Jc. Area 03 Ty{'' Q~'~jf0 37200 Data From {>,ir~,~l SI11i2.3'i02_ 7.1.0 M,r ;r~.;. Name T~ T I NVES i MFN T S I NC t3,rnk l:r~ri~~ I i ran ('~rl~' C;'O I . I .n. li,rnl. rirl; t l it ';+rl; . I'„~I;• Mf;l2 I D I +1~t ~~ flIlC111 • ;~ r- ~; m . X14/t)?/I~;•; liy A'>R_I-A1.1"N rok,rl 117_l)fl Entity Exemption I.e~Jal P,4R f~ 3500 OE GOV f I.0 r t SF..C 1.8 3N 1E f~723500-g Grp 000 TYp OOO Ap 3N tE 13 H,3rd•~hip Flag M3N1E0133502 Zoning C-G Property ST M(_RIDIAN ID 83642-0001) O.D. Occ, 0 NON-OCC Action: A,j~jre•:;; 00303 Typ011TREAi_ Roll 1 PRIMARY F10=Tax F2=Select F3=Exit '~ • T E STEWART 3/20/46 h1 .1 S T E` U F D A Value ACTIVE qC, N E 4J Type Oty D,,ta From PFhIF.02FU3 Code Area 03 ?.470 6].300 Parcel 511182?_3560 ?_1.0 732600 Master Name P+(ERIDIAN BO4~Il_ING LAMES IrIC 420 Bank Code Lien Code Br.ryer' Prepaid C/0 L.I.D. Address 2710 LAUREI_HURST Bankrupt • I D S~.rb .Code BOISE 33705 - 0000 Anexation Last Change 0/00/00 By Legal PAR fk356O 01= GOVT LOT 1 3 3N 1F From. Total 344400 Entity F~.;ampt in,i SEC 1 .. 000 AP Grp 000 TYP 3rJ lE 13 Harri;(~ip ( I~ •j M3NlE01i335(~0 Zonin'7 C-(' RD M;:I~ID[AN ID 33ti•1•'_-000rI u.u. Pr•op~'rty A~ t ic~r~: Adcire~;=; 00?2~J 5 M;R[l)[AN E, 1 RF~.A[. (toll 1. PI~[MIARY 0<=c• l) NEO=Tax Typ~. •)-Select F3=Exit $TFWA(~T 3/2Ol`Iri M A S T F R U P D A T C V.31 ,re A(; f [''lf '~ ri N E 6J T Y I~ f' (~ r y , PFMRO"1.PUB Code Are~~ 0.3 [ , ft~0 34 ~ 000 D;, t ,~ F rc)m P,ar'cc~l >lllt~l_23582 210 M.r ;t,~r. N~~me L.FS SCt16JA;3 TIRE CFNTFRS gr,nk Cnclrt B~ryc'r. I~r~~f',, i,1 C/O L.. (.I). . AdclrF", •-. ,; I~i~ (il);( bi"~i li,rrrl.r'~r~,~t hIZ(i`J;=V(I I-'' '1/`~,~ Ot)I)I) Arr~~x.+t .i~,rr L.~i';t Ch~irr,~~, 4'3/1r)/L~ "; A:iR_Il[;(((: Tc~t_~t1 I_ey:3l PAR t~ 3513'2 OF GO'J T I.0 {' t 18 3N lE t'r~>m: 347000 Ent i t.y F_x?mpt:ion SEC x#223500-5 Grp OOO Typ 000 AP #933591.5 3hJ lE 13 Hard~;hiP Fl a9 M3N1E0133582 Zoning C'G D.D. ST MERID[AN ID 83642-0000 Property OtST NON-OCC Ar_tion: AcjdrP;; 00303 E ~ t REAL Roll 1 PR[hIARY Occ• 0 F10=Tax 7yp- F2=Select F3=Exit ~...l.- • STEW~~+? U P p A T E 96 PJ E 4J h1 A S T E Rype Qty Value PFhiR02PU3 Code Area 03 i0 840 406300 Parcel S1118?_?_31?_0 ~ SH04~IS iNC zi-0 52480t~ Naoie MERiOIAid 4AIR`r 4?_0 Fiuyer C/0 GERRY MATTISON Address 1892 bJ HENDRICKS ID ' MERIDIAN 83642 _ 0000 95/12;?_6 BY : ASR_DiXIE Total 931100 Last Change Legal PAR ##3120 OE GOVT LOT 1 - SEC 18 3N 1E 000 Ap Grp 000 TYP M3NlE018312i) Pr'oPr-'r~t'~ Addr;:~;s 003ZZ E Ol..>[ (ypf' 1 RF..AL. F2-Sal~~r.t F3=Exit I 3/20/96 ACT IV[: Data From Master Funk Code Lien Code Pr'ePaid L.i.D. 6ankrirpt Srab .Code Anexation From: Entity Xell1O t 1 r)n 3N tE [. 3 Hard ship F 1 .i~} 7_onin9 C-(:~ Sf MI:R[I)[APJ [D 3's(i4~~tlOr)t) 0.0. Ar-t iron: Rr~ 11 1 PIS f MARY Occ . 0 NON-OCC F10=[•jx ~'1 ~~ • ;TE4JARI R p F D ;s T E 9 6 rJ E W r`I A S T E Q r..y V a l r., e f~[=r~fRU2PUE~ TYPe S1118212610 Code Area 0.3 810 1.8.940 <~r-cel i;:joie CITY OF bIERIDIAN . ,ayer -/0 CITY HALL cJdre,s 728 MERiDIAr[ i/.;~, rgti ,_ . ACTIVE Data From Ma-;ter Bank Code Lien Code Prepaid L.I•D• bankrupt Sub.Code ID Anexation p1ERIDIAM 83642 - 0000 From: ASR_MAP Entity 88/01/19 4Y Total Last Change Exemption PAR 02610 OF NE4N4J4 ~ t;3-105r, Legal OF W2rJ4J4 ,~ 000 TYP 000 AP SE(' 18 3N lE Grp X223050-212600--234050-0 F t8 H•~rd•ship X610 3N t r, -~, r13N11:F18~ Zoning ID Pr'opf'rtY {=RANI<I. [N pc:c • 0 NON-0(.C Roll t PR[MAI:! {=t0=T,~x Addre~~; OOOOi) TYPE' [. REAL F2=Selczct F3:Fxit. f F SfE~~JAi21 T E R 11 P D A ~) ~ N E W M A .~ v .~ 1 c, ,~ fyp,~ Qr.Y IPFr[^7.PtJl.tl{3~).:OtTt3 t',oc1~, Ar~~,~, 03 8[.0 I.1ti0 ~ `' O[t N :j m;, wF.S TF_RN Ai)A Rf CRF..A T [ ON B,.,yer ,~~ c i ~ 1 r' .. [u fotal PAi~ i~ 3t)~3i) of r,o~~~ r I_o r t [ egal F 1 •~ ~,~ t).D. A~~t.ior,: 3/",'0/~~;; At:f [V~. p.,ra 1=rc)m M,~...,r~•r F;,,nk (:ctc[r L i f,~rj C~c1,, P i•eh., i ~I l [ ,Il. li,inh r~rl, r. ';~i;, , f ~j,l," Arr,,x., l i ern (- i- cl m E. n t i r. Y Exemf~ k ion li3-tt)'~r1 SF_C 18 3N 1.E 000 TYP 000 AP M3N1r_0183080 Property Q1ST Addre;, 00000 T•/pe 1 REAL F2=Select F3=Exit Grp 3N 1F to H~3r`~•'hip F1 ay Zoning C-G O.D. MER[p[AN [D 83642-OQOAction: ST 0 NON-OCC Roll 1 PR[MARY Or.c. F10=Tax ~~ '~) • -~• F- 5'I' End:\R T c N k; l~~ ivl A S 'L' ['; ~6 U E' ! ~ !~ k~ V ' C~t:y ~ l ue AC,'i' IL%[; l>f.'i`IR02PUIS 75677~0030 C<~c1r ~~rea 0~? ~ X70 .09O 1000 -);Zta Frog, ter Parma el I< Mas ~;,:.ime JENSEN irtARYJO g~3nlc CadF~ L i_ e n C c~ c3 ~= Bc:cye r ~ p r_-a_Pa id C/O L.I•D• Address 12 ROSE CIR [3ankrup-= k ID Seib . t:oc1~, PIERIDIIV (3364"' - 0000 \n~xation ' [' r c~r1 ~ ~~ B~~ 15R~_~-1i~LEiV 94,11/_` T~7t~31 LLil1l10 Entity Last Change Ex~~r~Dt-. i~:,n Legal LOT 6 BL[: 1 ROSE P:\[~E `IOE;ILE HO?1C n871793~ tt9-[10?039 i.t:D Otltl 'C~~D l1 0(1 :\C?~. 3~; 11V 13 E1.3r~lsh LC' C 1.~~~ X1166-)•0010060 7,,~nin~~ [:-1~ [D r3'~t; : ~-Oi)i1t) D.D. Prc~pertY Rc~SE T-~ ~l['R[D[:\V C:~~~ O ~,t • )~,-ctc'~' .l•:r.i.~~n: ,. Or:C , \d~lr-css OOO L? \C, R<,11 1 [ [, ['•L\t, c l: . • : 1 RC? 1 O •r.~~< ~,~ r Y , . . C'_=Sr'1~,r:r. f',-Ezit: '3,•?O ~lti ~(i N E SJ ~I :\ S 't " E R ' ~'.iltt~• \t"['l~.'l: E'(:'~llZO 'PI;Li ~~ C~~~;,. :\r'~•,l 0'. R75ti77~01)., ~ •1~~,~1u, c)t ~ ')'lil , U l.~~t)Ot1 l1.lt .t (~ r~,n r.tt-~:~~1 O , t.,t~ Li.~~n r,~~[,. I•' r~ err 0-1 O', t)7 I `• :\5[t_t'l2:\l''f •[•~,t .i l ns ~~ '- l.iOt)O t•:nt. i t'. ; ~ ,i [..1st. C rtes E P.\Rr. ~lc)[3 [ Lr Flt~~l~ ;t36657;3? ,-;t•E, Ot1O T~-t~ t)nn .\L, 3N llV t ~ [ia rrlsl~r iD (' l•_t~) x[166-[OOlt)Q70 Z,~nin<3 R-1 5 83 '-Ot)00 D•D• (i-~" Prap~~rt ROSE CIP. MERLDT.:~N 0 ID vUN-Ot:C _ .\c: t iun atidr~>s;; 00014 , 1 RED\L Ru11 1 PRI~IaRY ~~~.c • P 10 -'r.~ x T ~ YP = F'? =Select E3 =Exit r'=, • • t; C, D A ,h 1- STEW:\R'1' N E I,i t l ;\ :; T E 1. V a l u,_ t\ C T I ~~ E ;='[:'i`1IZ02PUB ~~t- D:lt<i Fr~t~ 00 15000 Prircel R75G77500')0 Code. Aroma 03 ?YF'F' '_ 7090 ~!,:{stet Name DOTY L~AliLI.:~ D,,lnk Cud~~ L, 1. c:tl Cede Bl.lve.r' PrF•l',~ t.d L/O I~-I'p' Address 1G ROSE CIR Bankrupt Ip Sub.Codt, MERIDIAN f136=~2 _ 0000 :\nzx.3t: ion • Cron: Last Change 9=x/03 /07 By ASR-CRAFT T,~ta 1 15001) Ent it.y Cx,~t;1L~t: i~~n Lr~~7a 1 LOT a BL[< L RC)SE E'.-lkli 'it~[3tL.E EIO`iL tt3£3L?~7ti t;t-~, 0Ot) 'l'~•~, 000 :\~i ~~~ 3N L4v L tl.; rd:;l, i L' ~' l.I~_l ~11tiE~-[0010030 7e,nin~.3 (:-1' Prop,:,rty i.IR ~IEI:fI)L:\N Tr? f3 ,(i-1'-Ol)l)(J t).!?. AdtlrrSS OOOL(' l:~~ll L P[tC`•l:\I2Y t?r~,:. 0 \i?;:-,7~•c: Type' 1 [:(.'.:\[. C'lO 'l'.tx t,~_5,,l~ct' F3=Exit. ,3,'?O 9ti rl is s 'r ~. It v.. E,t~• :\t..l, t ~~r. pCMRi)'_'PUt~ Ali N E w .1.~. ,~. ~,- ~• 00.15 C~~,l„ :\r~~•- O , L~ , 11 )(J l ;OOtl I).tl .t t~ r„t~, R75Fi775 ?UU \;,-nu~ WLt~L.I? t?[,[G:\13t;TIt tt.,n!'. t'"'('. f,t,•n t:~.~,1,, IJuy~•r I~t•,•1'.,,~1 i (~~ ,Ill, .''~ ~i!, ~!(',I: ! i ~ [ \\ I) 11 11 11 ,~ '1 (1 ', Ili it~~ \:; _ .I. ~ i ,. Rc:)sr p:\ft1; ~it)c~r.f.,r [-!r~tr. 3N 1w 1 ; Ha r,1sh ih [~ 1 ,_-~~ hI160-t0(llt)t)')t) Zc,nin~} R-1~~ LD fS~Ei-1"_'-0000 D.r). Property CIR tvIERIDC.\i~ NON_OCC ,\~'tion: AddCc~ss OOOlfl TvpROlEi E~\L Roll 1 PRI~Ir1R1C OCC'• 0 C10=Tax E? =Se 1,~~t F3 =Exit • • 5'E' I~, W ~ Ct" •' i ; :~ S '.C I It U P t) fl 'C 1 90 ~ Qt,~. Value p1?;IE"t02PU13 15000 Faz-c.el 87507770050 Cc,cle ~\.-rya 03 ,,00 .090 N_Ztttr.~9CPrtEE:SUN RAY N '1'RUSTL',E E3tryf~z' C/O t\ddress 20 ROSE CIR ID MERIDIAN 1130.13 _ 0000 9=1/03/08 II}- ASR_L~~'l,F.~ 'rc:,t.,-tl 15000 Last Change . L,nc~a 1 LOT 10 $L[~ 1 R SSE P \RE~ ',~U~RI I,E Eli)?IE C A C'1' 1 l' f ~; D :; t o [Tort ~l.3st~'z' B,-c nk Co~lr' Lien Code P z-eFa id L.I.D. Bankrupt 5ub.Codr Anr~xation Crota: Ent ir.y Ex~~rtht, i~~n ~. tt93255-10 i)r1, Ot10 TL: L, 000 ,l L? I' 3~ tlv L ; Ei~t Cclsll L[,~ [~ 1.+'_I ;~IlE~O-10(;10100 '/,~,It1n~~ R-L~ ICS fl '.(i -1'-01)1111 l).i?. E:(~SE? ' ' CIR ~1l:Cttl)C.\`: (1 \c)\-ur~r.~ ,• .t ,~ ' , 0 _ \dc1r~,5S 000 r ,~ , ~ ~ R E, 1: 112 ~ ~• 1 O •1•,, •: ~-~ .sc~l,:,,:r. [~ 3 ~Ei . V.. l its. t L~G';riRO~'P(;L- L~r,l,, :\t•~~,t 03 7a(i77i1)l)S'~ •1•~.L,,, r~ :~ ~ .Or 0 l i00U O 1 U.tr..t l~ t'~,rt t' ' ' C'.trc:'r~1 R -0 ~I.cti ~ r .t. 1 I1 t~t)hl;a(~1 \'rrtt.,t:vr.:\ r,;..,, r~r,.t,. r''C:1 .\~lrl~•,,ti,; , > ltt):;;•; ~'l.tt I.. (.Ir. It.,nl:r :(~' X11 1~ll~l.\`: ;1 ;(i-1- - 01) 111) • t-. art '1- i.~ • ~' I1~' \: :~ ~_\(.[ ,.:~~ j•, t .r 1 1. ,il(1'1 f~r,t i_ f:::umC~t-. t~,n L,..,~. t 1 L(~T l L i [, i~ L Ct(~SE P.-1Cth .."1C)l3ILE l[c'~~lG' T~50-13370 i;r'h ;1111) '1'~•Ct 01)0 :1L~ 3` lfv 13 El..a rash tp F l.tg X1106-1()010110 Zoning R-15 $ 363-000() D.D. Property ~~ ROSC MERIDt<aN tD CIR 0 NON-OCC ,~c.tic~n: Ac:ldress Q00 L REAL Rc,1 1 por. 1 PR I`'IARY E10 =T.3x Type E?=Sc'lrct C3=Exit • ',`~, , ~. ~ • • ST F.cvAC~'1 i; AC'•CIVE 'a lue ~ ' E~; 1V c) G ~~ ,t:~~11?;'):.FL'L' - Cade-~ Are,,. 03 R7567750~~0 , r o m T ~.1, E, 41:, y 15 0 0 ~ D ~, t.-1 f.• 20U .090 ;,[.-~st:t.r -1rc~~l. , ALLEN ELEANOR I' - Banc Cc~d~: r,~~ Lien Code PreP~lid t-~ya_~: L.T.U. t /O 2~ ROSE Bankrupt cl~_Er~°ss Sub . c,ocle I D h1ERIDIAN f)36-1? _ 0000 lriexati~?r' E,ron: 9=1i 03i 07 By \SR_CR~CT 150Ot) Entity T~,t~{1 . asr Chang ,~~Ja 1 LOT 1'_' BL[< 1 \R(~ ~IOL~ILE i-IO`lE P . ROSE L, ,,.. 3N tc~ L 3 N116E;-100101'?0 R-1 ~ ;;~~nincJ ;13ti-l "_'-l)l)t)t) D.I-). [D A~1~.{rr1ss Ot)t)~'=[ . 1 [l f:.\(, R~~ll L ' • C•'ll1 -•(•,c~ ~ [ ~ E ~ '? t) ~) t, ~ :,c_ (. C 3 =Exit ~ ~) t~ ~ E ~~ ~[ :\ S [ C'L'C3 •=~:c l)3 Pli'ti[CtU \ T y ,.. c~ l: y ~'.i 1 c I~ • 1). c t . c N r„I;c l L',t)t[t) _ r (~:~cie~ : ?t)U . l.t)t 11 ~'(' ('.~ ~ ~[ fl 1 LI c ,.r~ . I„ . .~nl•:r l [ -, ll~ll:i1: <I~,il)') - Ol) I)l) \i~~•'..it ~.~~1 ' .i.i!~~J~• 1, t. ~' .~ ; L, .,},c l LUT L 3 [~L(: L RUSE P:1i~[~ ~iC)(~ L LE Elt).`lE ;~);[)~ti~'6 -'`r`);})-1Ei~3 ='13(i?l);L h Ot)(1 'ry(~ t)l)t) \ ~~ ~' P ., Jti 1(v ~ Hardship (~ 1•x'.1 L., ~ R-l ~IL6E)-EOOLOL3~ - ., - -, I)OQI) D.D• 7,unin,J LD SJ~-~ - Prape rtY ~IERIDt:ati CIR ..-lr: t ion 0 NON-OCC Ad~ires:; 000?E~ ROSE Roll 1 REAL 1 PRIMARY O`'r ' F LO =Tax TyF~e r?=S,._l~~ct F3=Exit /-1. / • • 3/20;")~ srE~;valz I~ ~~ ~ N '/ Gv , 1 \ S 't' E E~ \,~ n a u e r'C~:•11Zt12pUE3 7•vE,~'. r%~tY- Uata E'rom Code ~\r<>a 03 ?O0 .100 15000 arc~.l R7567750G70 _ ,•[,~ster ame 1v10~I~rUUi`IERy VEST1 C 'CE2UST Bank Mode ~IO~ITGO`IEFY VF,STA C T);US`rEE Li~-~n Cede uyet_ Prepaid /C) L.I.D. cldre•;s ?8 RUSE CIF ginkt'upt I D Sur, .Code iv[EF.IDIAN X136=~2 - 0000 Anexat:ion ['ron. ASR LAZEV Entit=y 9:}/03/0£1 By ~ - Tc~l,al 15000 Last Changc= [~::~'mL,t i~,n Lrga 1 LOT 1.1 BL[~ 1 FOSS P_\RI~ :'IOBILE H0~1E C1 tt~317.4tG Grp OOt) TyL-, 00O ,i,. ~~ 3N lw 13 El.-i r~l~;h i1' (? l.l~J ~t166=400101.40 I~~ninc3 E2-1.5 Fropr.rty .\~.~ i,~n: :\d~ir~lsS 000?E1 [tr)SC . "• r~~-c.. 0 VUti-Or.:. Tvp~' t [2G:\L R~~ L 1 1 PRL.1:\E. c [' LO 'l'•~:: -, - ,..1 ~,-t E3 =Lx it: ti'C[[v:\l.,C .3,'''U; ')(~ t_-S ,. ti :\ s •r E rt u L~ D 1\ 'r ~= :\ t:'r C v t~ L~~;~Ra~[~uT3 ~~(~ iv r w .[.~.L,,, r~t-y ~•.r (~,,. F.:tri.r:1 R75E7750077 '?t)t) ~I.rtil'.r:Y ., t.:,rc)C)`[ r., (-wE.~ cv T[2 (,~'t' t:[:s 11.rnt.: c~„~t~. ~..ir;r~ C;RUr)ti[ L w h J L 'l.'l2U:i'C 1. i ~.rr r'~~~.1~. [lirv~.r r~r•"I'.~ i.~l :\~;~lr~:~'; '1) [2i)5f; r'[ft I1.~nl:rul~' 1 I? ~l1.121I)[.\`: ,tir,-4~ - ;1l)l)l1 \r~..~.,; •~r 1 t~ r' ~ t r' 1 [ZC)SC: F:\RR ir1t7f3 f LE E-IOh[G p tt0?1?05 L ~;r-p 00O T [~ 001) A 3N 14v l3 H.3rdship El.lc3 M166=400 LOL5t) Zuninc~ R-1~ t:IR MERIDIr~~ ID 836.4-0000 D.D. P rc~p~rty ROSE act: inn Address 00030 Roll 1 PRt`4~ARY Oc-c . 0 NO~1-r~CC: Type 1 RE:~L F10 =T.sx e?-Select E3=E~it • • ti~~ `~ G R E P l~ ~~ ~[~ L ACT 1:~;'I~ 96 ti 1-; I~: 'I r~~. ~)t), Val ]c P `~[1202Pli~t ~` L . 09D '15000 Data [•'rum I'~tr.c~el L:7567750080 C~,d~~ Area 03 ,tast.er AL[JRICH KENNETH Il & FIIOEBE E SOU \,~]t;lc~ Binh Code • Lien Co~lr= Buyer prr Fa i.d C./~) Srl'EVF 11LDRICH t„ T ,D, Address 235 WALTIvIAN Bankrupt:. ID Sub.Code IrIERIDIAN (336:1.2 - 0000 Ane~atic~n ~ r~,rl . 9.x/03/07 By ASR_CRACT Tc,tal 15000 Ent it~- I,7st Change ['x~:,~EtY. i~,n Leger 1 LOT 16 BLIP 1 ROSE PARK `IOBILE EIO`SE ' vri, 000 '['~'i, 0t10 .\E ~~ 3` 1W L 3 EI.i rdsl~r ih P 1.+'.1 x[166-400101G0 l„ni.n~.I (~-L5 CIR ~IEC:L[)[:\~; ['[) t)'(;-1~'-tllltlt) l).D. l~l~.lr~~s: 0003_' Ct05E , . ~' t~c:c•. 0 Vt)ti-~)~-'~~ TyL,r) L RE.\C, R~,11 l L[t(.LV.~ t: LO 'C.t~ L ? -ti,~ l~,c:t: F3 =E`it ~;•[•EW:\[:.[, 1. "_'O c)fi ~t :\ s ~r C I~ [, I v lt~ N L W int. ~ V.i 1 u,, pl'~1L:021~1.;B Ty ~~~ [=)ll00 I).tr.i I•'l-„rt 875677500£35 C~~~:1c~ Are°~r 03 2O(1 , 0')0 ~t.,t;<<, wct,t.s c)twt~~ r) [t.~rri< <•„~~,. I3tt~~~,r- I'r,•I',t i•1 `\~l~[r~,s;.; 3-1 Ct05~-. ~'[I2 (t.cct!.1)cr[~; ' ((~ ~;~li ~ .,i ~II.IZ I l7 f .\' ;) t(~-1, _ (;tlOU \cc~..,.,! : , ~ci • c•„et •)-I (l' 1);1 Its \:;{i_l.,\;;f;'. ~,,,t..cl 1 ~t)llll f•,nl I,.c~„~ c~h.cn~~~. ' .,n I; ;~•rcl~. t. ;90211002-0 ; 3P-7')7" i;r-~, t)tl0 'TyL~ 000 ,\C~ 3~; lt+i 13 H,3rd:;hip F 1•~'.I M1ti6~0010170 Zc~ninc3 R-L5 -, OOt)0 D•D• CIR `'IERID[:\N tD Soh-~-- P ropr rty ROSE ~ ~\c; r_ i~~n Adilr~ss 0003 Roll 1 PRIMARY Occ~ • 0 vC)y-Uc, Typ,~ 1 REAL E10 =T.3x F2=S,~lect E3=E`it i ~1 • :S~'20; 96 ~~~~,,~~~~~;~,r~[:T t 1 r'1 S '.I' r':. R U F' U rl T E :-> [lC'r I V E ~.j i1 ~ t~ ~, (~t~y ~,~c~ ).Llf PFh[R0:'I'~1-; .090 15000 Data Eror~~ L~,7567750215 Code Are.-( 03 X00 h[aStF r Parcel Name AF'FL.I,GATE LO6vLL1 Bank Code ,Lien Codf' Buyer IIOLLOSV~1y Jf'R\T~D [~ ~ CHEI:7 L Prepaid C/(~ L.I.D. Address 35 ROSE CIRCLE BankrLr)_~t ID Sub.Cod~ hIERIDIAN f1364' _ Q000 Anexation Fror•1: : ASR?_ALLEV 15000 Entity 95/07/1-l By 'total Last Chang L'xemC~t- i~~n BL[~ ~ Leggy 1 LO'C 9 RUSE F..-1R[C hIOL~ILE EIOME 0(111 ~\C~ ;9503363 L (;rL, Ot10 T'z P ~~ 3N lcv L3 11.3r~lshiC~ C'l,i~-1 h1166=~00?0090 L~~nin~~ R-1:5 hit,R[l)C~N ID flZti-1~'-O(lt)i) l).l). Property CIR - :\.•r. i~,ir: address 00035 R~)sr ~~~-~.. i) v~~~-i~r:c TyL,r, 1 [2L.\L R~~l l L pRLhl.\CtY [; L[) :'[~.~x ~_~,,lect C3 -Exit y'CEw~\CZ'C ~; ~u.~)t~ hl .\ 5 'C E R V.(l~r~r .\(..C[VI•: 96 N E by .[, ,,, city t).-t .r I'r,~rn PCMR[)3C'[.E3 Coil(r ..-lre:,~ 0•I ~YL .0~t) liUt)t) P,~r~.<.l R7567750'??0 ,• _Ot) h[.(sr ~'~' 2[iCLLLCS ,JO([N L ,~ 5tt[[:t.l:~ L, ' {i.,nk ~'~~~1~. ~.ifu` L i~:rr t:~,~{~. :\:l,]r~•~+:, ~l. RUS[' c: [[t {3.~irl:r~rl~t. t13, 0,~ r~. .\:~t~_r,:~„r.~ 1. ,nt)t) {:nr tr.y Ex~~mL~t~. t~,n U'C Lt) f3LK ~' L.~?~~.rl Etc)SE PA[2[~ `1OC[tLE HOML h1166-~t1030100 Property ROSE Address 00031 TYPe 1 REAL F'?=Select. F3=E::it (;r-P 0t)0 T~'P 000 r\E~ 3~; 16v L3 H.3rdshita F1.3~~ Zoniny Ct-17 Q000 CIR NIERIDIAN ID 836='- D.D. Acti~~n: Roll 1 PRIMARY Occ. 0 ;VUN-OCC F10=Tax r' • ,y, r, S 96 N E tv Cl A S '1' L E:< U ~' E) `\ V~tlur~. ACTIVE E'Ei1RU2PUF3 Type Qty 1500() Data from parr_e1 R75G7750225 Code Aria 03 2E)0 .090 ,lash r Nzme GE~I DEVELOPNIF'NT i~URP Bank Code Lien Code Buyer LYNCH GEORGE H ~ ENOLA prepaid C/O L.I.D. Address 23 ROSE CIR Bankrupt ' Ip Sub . Cod`= NIERIDIAN 536~~ _ 0000 rr\nexation From: g-3/03/07 By ASR_CR.-lL'T Tot.-~1 15000 Entifiy Last Change ,~ EsemL~t. i~~n Leger 1 LOT 11 BLI< ROSE Ft\RL~ "Ii~BILE EIOME 3~: ltv L El.irdst'ti1~ ,• t•t'} ~l1EiG~30030L10 Z~,nin;} It-L'~ ~(E'ltlt)C\\ f.D ;l?t;-1_'-l)OOl) li.l~. Pr~~~~erty c:IC. ,\,~t_ i~,n \ddr~-"~s Ot)0~ ~ ROtiE ~ ~ (~~,,,. l) N~)N-~~c'(' •C.;E„, L L2E:\L R~,11 L E~RC.E:\L.Y C.[t) 'C,tx W ~l 1 5 T E F2 U :\t:'C L \' E•: PCNIRO3C'(:L1 '-)E_~ N E ~~t ~ V.tlt(~. 1'~~ ~~~ Lil)lEl) t).tk.a Ii'r~~rt P.arc;r_l T275Ei775t)~-;0 r~~~lrr .\r~'.t I)~l t . t) )tl ~ E tlti-1 ~Lrtit•,~,t. _I)U ;V.1mr.: Jt)YNC:R EIT:NRY. E ~~ JULC.\ `'E =3 ;1 O '- C;.tnlc i',i~.l~. ~l')l) 'll ~ ' - \~.1c~C~'.s:; L`) ROaE L CEZ Il.~ril•:t'il~~l' ~If:C~ CDC.\`; fl ;(~-l` _ Ot)t)ll .\rt~.::,~ l r ~ Sri E'r~~r,t ~.)'l) ;. L7 t,~' :\5ft_(:EL;\t~NL ~-~:~>, E;nt.it- C..t:~t-. Ctt,ln~}~: 'L'~,t-..r 1 ~ L•' x~~r~E~t-. 'tc~n Lr-~<}a l Li)'C 13 BLLC - ROST~ ['.-\RK ;'lOE)ILf~ Llt)t`lC: ~03t10-390 ~I166400"_'O1"'0 Property ROSE Address OOOt9 TYFe 1 REaL F'_=Select F3=Exit 3~; ltv l3 Hardshit' Fl.i~} Zoning R-15 ,~- CIR MERIDI:~y ID f13G-4- 000O D.D• VUN-OCr: :\~-t ion Roll 1 PRIMARY C)c:~: • 0 Flt) =Tai . -+ • • > ~;~ i 9~ ,j, i R AC'L'1V1 Y;:'~tl;i)2{~UE~ - T 1.5000 iG7750235 Co~'~- `\r`"'-1 03 app • 000 [`l~~stt>r Fared. R7: - c)r. N1tttr;, BLivUIT ALICI ~l F3~irt1: Co L1P.ll l,c~c~e F, tyc,t„ Prepaid C/t~ L.I.U. r\,~~jt•ess 17 RASE CIR Bankrupt ID Sub . Cody' r1ERIDI~N 836•x"? _ 0000 Anr~xaY_i~~n . From: aSR_CR~~'r 15000 Entity ~ ; g~/03/07 B~' Total L.3sY_ Chan; -• Exr•rtCtt iun BL(~ ~ Legal LOT 13 ROSE {'':\[:[~ MOBILI; .IO`lE • C)rp O00 'I'yL' 000 :\C-~ ~(~. 3i\ 1lJ 13 H~1 rdsl~ i ~~ (' l.t'.1 ~1L6640t)?0130 7~,n.tn~~ Ft-t3 Tn } ,(~-l_'_t)t)Ul) D.I). c:'IEZ ~tERlni:\ti ,\,•t i„rt: F'r'~~pc'rty Rt)SE :\~.lc_lr~''s5 00017 El,, 1 1 L Ph LEI,\RY t~''c~ . 11 \'(:)N-(~~('c.. T ~~ E„'- C• ~ .5,: 1 L (.t U E' t1 :\ 'L' L S'CL'.W,\(t'(' :\c..L I ~ (. p["?~IRO~_'F'U(3 ,~ (`i~c'~tr \r~'.1 0`I , .0')t) 1. i0t)I) I,,tr,.,•j R756775t)_~l0 \;](7It ~t _t1 t1 ~l.c>;t ,•r ~.,tct,. I'.\r;`.E1.\`! .r :JL,R:\c.(l ,~ FILE: 17..tttl.. (-, ,, 1,. I.t.~,t, .•, ,, 1.. t',i) [.. f .I). L i R(l5( ~:[CZ 11.tn1•:t•ttt,l I I) . III?ll [D[.\~ it ;(i-1_' - t)(I!)(1 \c,~• ..i! c ~ ~;~ t) 'r„r..t . Rt~SC~ PlI'.[~ ;'"1C)E1LLE (lt)h1E ;001.-',33-~ ,;t-L~ t)Oc) 'Cyr t)011 \La 3V L6V 13 (lar~lshiE' [ la'} ~tl(~E~•~00"30t-10 'Lc,nin;:3 Et-17 CIR vIERID[.-ly ID 83b-~-'-0000 D.D. P ropy-: rtY :\<; t. ion ROSE R~~11 1 PRIMaR'C t~cc • 0 ~t)~-i~t;C address 0001 e 1 RC~L CLO-Tsx TYP E'?=Se1~.ct C3=Exit ;,^( • ~ / ? ti i; 0; t~1 t\ S 'l' E 6 It ~ >: Cr a l u c ' v ,~; N E ~; - pLl`ll~(1-~~ F3 '6U Code >r.,-~•a 03 750` r~ t IyL~c }' ~~ ?UO .0. 1 X000 rori p,itra C PI,-~ster _ Parc•t-~1. Fc7567 ;-'ITT~~I I?~tUI,I~II, ~ B~lnk Coc1t, Name L"lr n CCIt~( Prr~P~~ i<1 Buyer- ,. L.I •D• C/~? FO BOA 1.12`' B:~nkrupt Adc_lress ib .Code Sr ID • iv1ERIDIAN (13680 _ 0000 . ~nex.;tion Frt~m: r~SR CC)`lL3S 95/12i1~ BY ~ - Total 1=~q00 Lnt i-C'.~' Last Change Ex~~tnL~t-. i,,rt Legal LOT 18 BLK 2 OSC P_\[~IC ylOf3ILE 110"1 C; [' . . n9-106191? c;rp U(l0 '['yP Ll OE)0 \ 'f'' 3N LW 13 FI ri r' d s 1-r i. p R-L "a F 1 .a'.1 ~ ~11(iEi-10O`?0180 ~,,ni-nil ' . Ll~ ~}',(i-12-1)001) [l.l Property ' DI:\\ ST ~11~1:L 0 ~;r~N -r:1t't' ,\t•ti~irr: C O L S \iltlrt'SS (ll)1t1~~ W Roll L E'[2[`•1.\(2Y ~~'-''. ~ _ ~ ~ ~_t:t C3=Exit E _ - 5t-1 ~, p ,\ 'I' C S'l';?W ? _'t) ')(~ :\It'L' ')ti N ~- W Pe'~uia~1'ca tlt~ art~~t t)~ -~ c' U Ty ~t, Qt:y L non L=~E)1111 [1.~(.t I• t•„t;i . t> ~ P..trr~c.l R75ti7750-~~ 1 SE1:\['tl?C, \[~l:Y :\\. C) HCLL 'C [ . -'t)U ~I,t:;t,•r lc t',,.1•. ,: V.',rn,. PRLES li.tn , r-, [.. L.n. r. ltlr~,:~:.; LO(3 LV Ot`''r ,'•l• \t lt.tnlct•l;}•'t . `IIi~CI~[.\V t}',ti-:_' - 011 ' 1111 \n~•`:•tt t"it 1. r•. ,l 1 I ..l:i 1. t.!l,ln'j'' • F;s~•r.tL,L t.~~n P:\rt[~ ~u~;~ r. L;', [lt)~lE l;lasr . ~t350t)')72~1 ~;rP 000 TyP 1)011 :\[~ 3~: 1W ' 13 Hardshi~t a -L~ F 1•!'~ 30 ;'116Ei-4011-'Q1 Zoning ID ~3 3Ei-4~'-U00O D•D• Property ;1ERIDLrIN ST 0 vON-r7C(- .lrt-.it~n: \t3drrs:~ 0010(3 W OLST lZt~l l IL - ~ L RE 1 PRLYIAC:'r C)t:c • ['LO=T.3.c . r~ r,e C"_' =S~Jl~.ct C3 =Cx it `1 t, ;;T1~4,i ,l :~ ~ `[' E 9 h N E ~J ~' E ;, Et t, , p :l i - V a l t.c~~~ fICTIVt: ' PL'i1FtC)2I'L'B - R7567750?70 Coda Ar~~.l U_i c t 7: ,f~ ~ "y 1~1 ?OO •OOO 15000 rorl Dal.~t E Md5t~L' Pat-crl- Natan HILL SEE~REL S Banlc Co~3c- Lien Ci?~lr_• Buyer. PrePaicl C/O Address 110 W 01ST ST S L.I.D. E3anl~rul~~t Ip Sub.Coclr MERIDIAN fs36~"? _ Q000 Anexat i.on . Fron: 95/05!03 By ASh`'_~-\LLEti Total 15000 Enr.i.r.y e Last Chang [,xr'[tlht~.li~n ~ Legal LOT ?0 BLK .- ROSC: PARK HOt3ILE E[O~IE~ 950"?1779 GL-L, t)00 'C~•L, 000 .aC~ ,i. ., -, 3N 16~ l3 ~11EiEi-100_O_00 E[a rdshi.F' Zc~ninc3 Ct-1 5 f13c, [.' l,-~J '-0l)llt) U.1~. -1 Pr~p~'rty L T ~IEE~LI~L\` S'1' (~ ' [l) :VUV-c~~~C: _ :\~:t, i,~ct: .\d~lr,~s:; OOLLO T ~ 1 R,~ l E l \L Et(r ~)<'~' • E'[Z Li'1,1R1 ~, L t) : ~C., x ~L~ . E-, =5~.1,~,_f: E 3=Exit: ;. 30 ')ti 9Ei N E W ~t 1 5 '[~ ' ~ [~ . ~'.i lug, :\~"1' [~"li _'POI3 PC`1Ct0 SL?131LO'_'a5 Cu~ir:~ Area 0 ~ ' c 'l~~'L''' ~7.li0tl 3?0000 [~,it .- I~ r~,c:t CU [Ec.)C'l:-Pc)N[)1sRO5:\ URf;C; L. \..int, .~"'(1 1..11. , GU:\RD[:\~; ~l.\N:\c;[?`•ll~N`C ' ~ , Lc1 ;.)([([ ['r~~t:'., c,[ , c~, c) :\~l~.irc:s:; Lac) E~c):~ ~tiEi[i .t 3.1 I,, ~att~t . k 1.. l .1 I;.~nl•;r~,l~c SEr. 13 3N LW ~1~N1w0130"_'E35 Property address 00"_'31 S"IERIDIaV Type 1 REaL F?=Select C3=Exit i,,.., •' t•. ,ca „i .~ 1 [:x~.ntL~t. i ~ ~n rrl, 000 Typ [)O[) .\E~ 3~; LW L3 EEardsh iL~ CI,l,J 7,c~ninc3 R-15 RD NIERIDLA~1 ID 86-;4-0000 D.D. O VOV-O~'r~ Ar_t icin: Ro 11 1 PRIMARY C~r_c . ['10 =T.ix ,._>..- NOTICE OF HEARING i NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning & 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 7:00 p.m., on November 12, 1996, for the purpose of reviewing and considering the Application of Zamzow's Inc., for a Conditional Use Permit to operate a new and used recreational vehicle sales and service facility. The land is located in Government Lot 1, Section 18, T.3N., R.1 E., B.M., Ada County, Idaho, and is generally located at 231 East First Street. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. 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 16th day of October, 1996. WILLIAM G. BERG, JR., LERK ,, 5 ~~ '~ 'c.. .. -~ ,~ ~ ~-' ~ ~; T ~ ~ ~~ Ot ~ ` ~ (,~, ,~ ~ v ~. __. ~~ ~ ~~ QI ~~I I of ~ ~) _ _ ~~ V ~~ ~ I ~~ a~. z ~~ I n U ~~ N .*~: ~\ M ' .0 ~_ V ~ (Yl ~; ~~ .i~ i ./ I ' ~' .. 1 i .. ( I 1 4 0! 2 U f 6't' ~ rr ._.~- '~ Cp _~ r N Q ~ o•~ r Oi (D N ~ ~ d m 2 ~ © ~ ~ O . \ r Y ~ ` '~ Q , ~ ~ ~ G Z , Z Y ~n = v Q d ~ w ~ `"' a ~ ~, ~ ~ O w a 4. a G ~ a ~ Z Q 0 _ • -'- . v n J ~ ... w j ~. W ~' w ., 3 to N 0 t-- ,J Q ^' ~ x ~ ~~ QU=O ~~ Q ~-, ~ ~ - o ~ C ~ bL -'~ A ~ ~N y0 \'~O , ~. ~~.. L ^F ~~a1~2 5 i~'97 ~~~ Y ii'Y ~'V ~n.~~'~+FAn' i-YC..~ad..'rr' JI _~ _ - U.S. BANK U. S. BANK OF IDAHO INTERNATIONAL BANKING DIVISION 101 SOUTH CAPITOL BOULEVARD P. O. BOX 8247 BOISE,. IDAHO, 83733 U.S.A. SWIFT USBRUS5I FAX (208) 383-7641 IRREVOCABLE STANDBY LETTER OF CREDIT FEBRUARY 24, 1997 ----------------------------------------------------------------- BENEFICIARY: APPLICANT: CITY OF MERIDIAN ZAMZOWS, INC. 33 E. IDAHO AVE. 4741 GLENWOOD MERIDIAN, IDAHO 83642 BOISE, IDAHO 83714 ----------------------------------------------------------------- LETTER OF CREDIT NUMBER: 5000477 ~~~~~~~ EXPIRY DATE: AUGUST 20, 1997. AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT 101 SOUTH CAPITOL BLVD., BOISE, IDAHO 83733 ON OR BEFORE 5:OOPM _DEAR SIRS: WE HEREBY AUTHORIZE YOU TO DRAW ON U.S. BANK OF IDAHO, BOISE, IDAHO FOR ACCOUNT OF APPLICANT AS FOLLOWS: THIS LETTER OF CREDIT IS ESTABLISHED IN THE AGGREGATE AMOUNT OF USD 17,331.60 ( SEVENTEEN THOUSAND THREE HUNDRED THIRTY ONE 60/100 USD ) AVAILABLE BY YOUR DRAFT(S). DRAWN AT SIGHT ACCOMPANIED BY THE FOLLOWING DOCUMENTS: + THE ORIGINAL OF THIS LETTER OF CREDIT FOR ENDORSEMENT + A STATEMENT PUPORTEDLY SIGNED BY AN AUTHORIZED INDIVIDUAL OF THE BENEFICIARY AS FOLLOWS: "ZAMZOW'S, INC. HAS FAILED TO PERFORM OR COBPLETE ALL LANDSCAPING, UNDERGROUND SPRINKLING, PAVING, DRIVEWAY, CURBING, SIDEWALK AND PARKING AREA IMPROVEI~ITS IN ACCORDANCE WITH CONDITIONAL USE PERMIT REQUIREMENTS AND APPROVED PLANS AT 203 EAST FIRST, MERIDIAN, ID 83642." PARTIAL DRAWINGS PERMITTED.. ** THIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT S000477 ** 16 -7349 -1 1/94 . ~~ i ~a~ inscc~~co (~n ~ o SUBDIVISION IMPROVEMENTS PERFORMANCE BOND BOND N0: 423082S KNOW ALL MEN BY THESE PRESENTS: That we, Zamzow's, Inc. , as Principal, and Indemnity Company of California , a Corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of Idaho, as Surety, are held and firmly bound unto City of Meridian, Idaho as Obligee in the sum of Twenty-four thousand and nol~00-------------- ---------------------------------------------- ($ 24,000.----------- ) Dollars for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCO THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of: Landscape completion - Advantage Auto Meridian St., Meridian, Idaho entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and sigaature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-fact at Lake Oswe o, Ore on this 1st day of July 19 PRINCIPAL SURETY Zamzow's, Inc. ,,:=~ U ° Indemn ompany of California by: urne Attorney-in-fact Insco Insurance Services, Inc. One Centerpointe • Suite 420 • Lake Oswego, CSR 97035 • (503) 684-9606 • Fax (503) 684-4065 Underwriting Manager for: Developers Insurance Company • Indemnity Company of California • Developers Surety and Indemnity Company POWER OF ATTORNEY' OF • INDEMNITY COMPANY OF CALIFORN@A N°_ 2 x 0 9 4 8 AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day c! March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attomey(s}In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limted, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***BLAINE D. WILLIAMSON, GERI M. BURNETT, BRUNT OLSON, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,5,000) in any single undertaking; giving and grenting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisRe or proper to be done in cornecticn therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s}in-Fact, pwsuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile unde- and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective ~ of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to exetwte, at behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporetion be, and each of them hereby is, authoraed to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures Stta9 be vafd arrd binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPER8 INSURANCE COMPANY .u~ .u~ B Y \\~SURq~ B D e F. Vincenti, Jr. ON,PANYO~ Y D to F. Vincenti, Jr. Q9 PO Nc President ti~ 0 PO ,~ ~, President 4~ O ,!~ ~ 2' = OCT. 5 9'n ATTEST o _ ~t 979 7 -moo ~ 1967 O 7 ypy ~ N\'S`~a . yp q lF NAP ~< ~-- By * BY Wager Crowell Walter rowel) Secretary Secretary STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vvrcenti, Jr. and Wafter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), a the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C. V. BRINK~~ COMM. 1111036712 ~ Signature ~ Sys NOTARY PUBLIC • CALIFORNU- ~ ORANGc COUNTY My Comm. Exp. Aug. 21.1988 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Sepia Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in fup force and has not been oked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are ~ force as of the d e of this Certific,/ate. This Certificate is executed in the City of Irvine, California, this ~ day of ~~', 1Z. (INDEMNITY COMPANY OF CALIFORNIA CIEVELOPLRS INSURANCE COMPANY pOMPPOYO'P Q5\t~PORANi^ ,~ p C~ O 7f F 2 ? OCT.S 9T B . ~ AAAR. 27 ~ By L.C. Fiebiger 0 1967 ,~ Y L.C. Fiebiger ~ 1979 Sepia Vice President Z /CnP. r Senior Vice President ~ IF _ ~ GENERAL OFFICES 4741 Glenwood Boise, ID 83714 August 27, 1996 Ms. Sherry Stiles City of Meridian 33 E. Idaho Street Meridian, Id. 83642 Dear Ms. Stiles: AMZOWS Serving Your Growing Needs Since 1933 Fax (208) 376-6551 Phone (208) 375-0022 Enclosed is the original Landscaping Bond for the Former Meridian Ford Property that own. It is my intent to begin landscaping the property as soon as possible, weather and contractor availability permitting. If you have any questions, please do not hesitate to call my office at at 375-0022. Thank You for your assistance in this matter. Meridian City Council January 7, 1997 Page 5 boundary of the property, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED DECEMBER 17, 1996: REQUEST FOR ANNEXATION AND ZONING FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: Corrie: Council, I think this is more of a house keeping thing here. Morrow. Mr. Mayor, if I might at our last meeting according to my notes and a copy of the minutes the item was to bring this onto the agenda so that we could grant the withdrawal as requested by Gem Park II for Highlands ranch by Gem Park II. That is what we are attempting to do tonight with this item being on the agenda. I would then move that we withdraw the Highlands Ranch Subdivision by Gem Paris II from the City agenda. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to withdraw the request for annexation and zoning from further agendas, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR NEWlUSED RV SALES/SERVICE FACILITY BY ZAMZOWS: Corrie: All of the members of Council have the amended findings. Morrow. I do Mr. Mayor, I have read the amended findings and I am in agreement with the amended findings to the extent, in terms of it asks that the whole parking lot be paved, as I remember our discussion at our last Council meeting we had talked about requiring the approaches and driveways only being paved. The reason for that was is there is an upcoming road construction improvement project to Franklin, East First and Meridian Roads that would impact this parcel of property. So it was my understanding that at least from my perspective we were not going to require pavement and or landscaping along Meridian, only to be tom out and redone a year or 18 months from now. My thought was that, I think it was Mr. Rountree in that conversation mention that it made sense to do the approaches and driveways only and then do a dust abatement or dust control on the remaining portion of the lot. These findings do not reflect that, I won't be supportive of these findings for that reason. It seems to me that it makes sense to discuss those things in the findings perhaps grant it to pave the approaches . Meridian City Council January 7, 1997 Page 6 and the driveways, use a dust abatement on the road mix portion of the paving, I mean road mix portion of the parking lot until such time that the improvements are done to Franklin, East First and Meridian Road. And then require the landscaping, the lot paving to be done. Possibly to guarantee that in fact does happen after that road is rebuilt, requiring some sort of bond or letter of credit or some sort of contractual obligation on the part of the Zamzows who are the owners that work will in fact get done. Corrie: Any further discussion? Rountree: Mr. Mayor, I agree with what Walt said about the paving, I believe that is a good synopsis of what we discussed. I would suggest that we might just amend these findings to include that so we cwt get on with this. Bentley: Mr. Mayor, I would agree with both the Councilmen on the parking lot issue and amending the findings. Tolsma: I would agree with them, that will make (inaudible). Morrow: Mr. Mayor, if I might I would like to ask the Councilmen's opinion in terms of the requirement of some sort of security or some sort of contractual relationship that guarantees that paving and landscape in fact is done upon a reasonable time period after the completion of the road way rebuild. Rountree: My recollection and 1 think the minutes wilt support that the applicant agreed to do that when they presented it to us when that question came up. So I think that we could include that in here. Morrow. Do you feel comfortable based on that testimony or would you like to see something stronger? Rountree: I think that the testimony ought to be reflected in the amended findings. Morrow. That being the case Mr. Mayor, I vuould like to move that we approve the findings of fact and conclusions subject to amending them to reflect that the driveways and approaches be paved and that a dust abatement application be done on an annual basis for as needed for the remaining road mix portion of the lot. Upon completion the rebuild of Franklin, East First and Meridian Roads that the landscaping be installed along the Meridian Road side and that the remainder of the lot at that point in time be paved within six months of the cx?mpletion of that road. Bentley: Second A .,Meridian City Council ~ • January 7, 1997 Page 7 Corrie: Motion is seconded, any further discussion? .Hearing none, all those in favor o the findings of fact and conclusions being approved subject to amendments being discussed? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion for a decision? Bentley: Mr. Mayor, the Meridian City Council hereby decides that this conditional use permit requested by the applicant for the property described in the application is approved ,with the conditions set forth in these amended findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the uniform building code and all other ordinances of the City of Meridian including the property that shall be paved. Rountree: Second Corrie: Motion made and seconded on the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINAL PLAT FOR ASHFORD GREENS SUBDIVISION N0. 2 BY BRIGHTON CORPORATION: Corrie: Is there a representative of Ashford Greens here this evening? Stiles: Mr. Mayor and Council, Bruce Freckleton and I have met with the applicant's representative and we will meet again with the applicant and their representative on Monday morning. We felt one of the main issues was the public versus private road and the gated entries that they were proposing. When this first came through in the public hearings they were going to have to be private because of the roadway section they were proposing with only I believe 29 feet of pavement. ACRD has since agreed to accept that road as a public road and because it was a little bit confusing during the process we would like your thoughts on whether it was our intent that they be private roads with the gated entries or that with the new information we have from Ada County Highway District you would accept that as a public street and we could do away with the gated entries there. The Fire department and the Police department have both expressed some concern about the gated entries in that subdivision. Morrow. Mr. Mayor, to answer your question from my perspective, the entire project from the very beginning and all of its representations and the only reason for the MERIDIAN CITY COUNCIL MEETING: January 7 1997 APPLICANT: Zamzows ITEM NUMBER; 3 REQUEST• Amended Findings of Fact and Conclusions of Law for conditional use Hermit for new/used R V sales/service facility AGENCY COMMENTS 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: U" r"`. `~~, a an"y" ~ ~ o-P~' G(~ c~v J~ ~~Y° (~~~~I~ OTHER: FINDINGS OF FACT AND CONCLUSIONS OF LAW All Materials presented at public mcetings shall become property of the City of Meridian. • Dear Mayor and Councilmen, please let me know if you desire that the entire lot not be paved. I put this in because that if waht the City staff desired. If not, please let me know how much of the lot should be paved so that I can state this in the Decision. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 10 ZAMZOW, INC. -- CUP • BEFORE THE MERIDIAN CITY COUNCIL ZAMZOWS, INC. CONDITIONAL USE PERMIT 203 EAST 1ST STREET MERIDIAN. IDAHO FINDIN(i8 O1°' FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on December 17, 1996, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony and the Applicant appearing through two representatives, Steve Bradbury and Rick Zamzow, and having duly considered the matter, the City Council makes the following Findings of Fact and Conclusions of Law: FINDINCiB 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 Planning and Zoning public hearing scheduled for November 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered by the Planning and Zoning Commission at the November 12, 1996, 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. That a notice of a FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 ZAMZOW, INC. -- CUP public hearing on the Conditional Use Permit is not required to be given for the City Council meeting On December 17, 1996, at which the Application was considered. That these Findings of Fact and Conclusion of Law are based on the transcript of the November 12, 1996, public hearing, the City Council meeting on December 17, 1996, and the record submitted to the City of Meridian. 2. That the property is located within the City of Meridian; that the general location of the property is 203 East 1st Street 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: SC-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development; 5. That the Applicant is the owner of record of the property and has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. 6. That a portion of the property is currently being used as FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 ZAMZOW, INC. -- CUP • is contemplated. 7. That the proposed use by the Applicant is for a new/used R.V. Sales/Service facility. 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 9. That Steve Bradbury, attorney at law representing the Applicant, submitted testimony and comments before the Planning and Zoning Commission, regarding the expansion of the existing Conditional Use and that would be about 3 acres; that the original Conditional Use was for 1 1/2 acres; that the same request is alright except for the landscaping and a new plan is, or will be, submitted; that if this Conditional Use is approved they will build it; that there would have to be additional dedication ACRD requirements which they have no problem with, except the length of the frontage; that they want a waiver of paving for some of the area because it is already in gravel, and that a building may qo on it after three years; that they do not want to pave internally; that the progress on the landscape has been slow due to various reasons; initially they wanted to do it at the same time but new uses and ACHD had changes; that changes need to be met; that they do have some concrete bids; that construction can begin within 2 weeks of approval?; that there are grandfather rights claimed bnt the Applicant says to do what is required; that some conditions placed upon this use could be too harsh. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 ZAMZOW, INC. -- CUP Mr. Bradbury also submitted comments to the City Council on December 17, 1996, in which he stated, additionally, as follows: that the landscaping os expanded on East First Street and on Meridian Road, that the Ada County 8ighway District has required additional requirements and they are. acceptable except for the amount of money that they desire to go into their trust fund, that Applicant is in agreement with most of the staff comments, but they do not agree with paving all of the area that is graveled at this time, that Tom Scott Motors only has a three year lease and they may not be there long enough to require paving all of that ground and when Tom Scott leaves the pavement may have to be torn up, that Applicant is not convinced they were required to obtain a conditional use permit and Applicant does not waive its rights to use the property as it was used before, that the primary use would be for new and used recreational vehicle sales, the he questioned if a variance must be applied for not to be required to pave the entire lot, that the entry ways do need to be paved but Mr. Bradbury questioned whether all of the lot needed to be paved, and that paving is not mandated by is within the power of the City Council to impose as a condition of the Conditional Use Permit. 10. Rick Zamzow testified that he never creamed he would have to pave the parking area, that it would be a waste of money if required to pave, that they would do curb, gutter, sidewalk and landscape Meridian Road, and he agreed that bonding was a requirement. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ ZAMZOW, INC. -- CUp Page 4 • 11. That City Councilman, Walt Morrow, stated that Bast First Street must be done at this time but Meridian Road could be done later but the work would have to be bonded and the entrances should be done at this time. At the Planning and Zoning Commission hearing Commissioner MacCoy had a question on the signage; that he did not want signs that flash on and off, etc.; that he had questions on how ADA is going to be met; that he wants new concrete not repaired concrete; concerns about the lighting shining on homes to the north and that this must be prevented. 11. That Commissioner Borup commented that he agrees with the staff report, except the paving on the west. 12. That at the Planning and Zoning hearing Rick Zamzow commented that he felt Reith Borup covered the history of the situation; that he had questions about government actions. 13. That Tom Scott commented at the Planning and Zoning Hearing that he was up front with situation; that he thinks he fell in the crack; that he does not want to do overflow parking. 14. That at the Planning and Zoning hearing Chairman Johnson submitted the comment that this was the last opportunity to have a chance to improve the property. 15. There was no other public testimony given. 16. That proper notice has been given as required by Iaw and all procedures before the Planning and Zoning Commission have been given and followed. coxcLVSZOxs FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 ZAMZOW, INC. -- CUP • . 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council 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 flan 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 6 ZAMZOW, INC. -- CUP i • 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. 5. That as a condition of granting this Conditional Use Permit, the Applicant shall meet, perform, and comply with all of the representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the conditional use should be revoked; that as set forth in 11-2- 416 J., violations of the conditions shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of the Planning and Zoning Administrator and the City Engineering Department and all other governmental agencies shall have to be met and complied with. 7. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 7 ZAMZOW, INC. -- CUP Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. 8. That all requirements of these Findings of Fact and Conclusions of Law shall be met, the Applicant shall meet and comply with the. comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. 9. It is further concluded that the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW/ page 8 ZAMZOW, INC. -- CUP • • DECISION The Meridian City Council hereby decides that this Conditional Use Permit requested by the Applicant for the property described in the application is approved with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building. Code, and all other Ordinances of the City of Meridian, including that the property shall be paved. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 9 ZAMZOW, INC. -- CU? Meridian City Council December 17, 1996 Page 10 I will keep it open and request (inaudible) Morrow: Mr Mayor, I would move that we continue the public hearing on the preliminary final plat for First Street Plaza by Cherry Plaza Associates to January 7, 1997. Bentley: Second Cowie: Motion made by Mr. Morrow, second by Mr. Bentley to continue the public hearing for annexation and zoning of Cherry Plaza Associates to January 7, 1997, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: Cowie: Is there anybody that would like to enter testimony at this time? Hearing none I will entertain a motion from Council. Bentley: So moved to table to January 7. Rountree: Second Cowie: Motion made by Mr. Bentley, second by Mr. Rountree that the public hearing be continued to January 7, 1997. Any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: REQUEST FOR A CONDITIONAL USE PERMIT FOR ANEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: Cowie: Is there a representative from Zamzows here that would like to give us some information? Bradbury: Thank you Mr. Mayor and members of the Council, my name is Steve Bradbury, I am an attorney, my office is at 300 N. 6th Street, I have been asked to represent Zamzows in connection with this application tonight. As you I think you folks probably know and understand what the application seeks is an expansion of an existing conditional use permit for a new and used recreational vehicle sales and service facility that is located over at the former site of the Meridian Ford dealership on East First Street. So that you can Meridian City Council December 17, 1996 Page 11 i get an idea of the property that we are talking about, it is bounded by East First Street on the East, by Meridian Road on the West and by Les Schwab tires on the South. It consists of approximately 3 acres. So that there is no confusion about it this is not the entire site that Meridian Ford occupied as I understand it. It is just the more southerly portion of it. I guess a portion of that property was leased by those folks and Zamzows did not acquire that. This property is now owned by Zamzows and is being leased to Tom Scott Automotive and of course anybody that drives by there has seen whaf is on the property. It is generally recreational vehicles and some other sorts of vehicles, certain types. The original conditional use permit application was filed last March in 1996 for somebody called Advantage Auto Sales. That was going to be an automobile and truck sales lot. That portion of the site at that time (inaudible) consisted of only a little over an acre I guess and it was on the SE corner of the property. That application was heard of course by the Planning and Zoning Commission, was approved subject to a number of conditions including the preparation of the landscaping plan and other issues similar. While working on those conditions Advantage Auto apparently changed its plans and abandoned the project and went away. Last Summer then Zamzows filed an application to transfer that conditional use permit the one that was issued to Advantage Auto to Tom Scott Automotive and you folks approved that transfer. During the hearings at that time the discussions with both the City staff and the Mayor and I think probably Mr. Johnson from the Planning and Zoning Commission was there, it was made clear that Tom Scott was going to want to use more of the site than what Advantage Auto originally thought they would use. And it would be necessary to apply for a new conditional use permit, that is what the City advised Zamzows. Of course that is what this application is for. What Zamzows asks this body to do is that it approve the conditional use permit generally in accordance with the previous approval, that is for a use as a new and used recreational vehicle sales and service facility. There are of course a couple of differences. First of all that the landscaping that is now required for the site is expanded over what was originally required for the site because now the site is bigger. Landscaping is required to extend across the entire first Street frontage and is of course required along the Meridian Road frontage and adjacent to both of the northerly and southerly boundaries, Les Schwab on one side and the residence on the other. A landscaping plan has been submitted, it was prepared by Billy Ray Strite Architects. He had conversations with Shari Stiles and it is my understanding that she is generally in agreement with the proposal. If that is correct then that is what the applicant proposes to build. Another difference I .guess is that the Ada County Highway District has required some additional dedication and improvements on the Meridian Road side of the property that of course it didn't require before becuase the Meridian Road side of the property wasn't involved in the application. We have reviewed the Ada County Highway District requirements and find that they are generally acceptable except for one. We think we can get it worked out with the Highway District. What that has to do with is the amount of public right of way trust funds which are to be deposited for the sidewalk along Meridian Road. As I read the Highway District's requirements they calculated the • Meridian City Council December 17, 1996 Page 12 amount of that deposit based upon 320 feet of frontage, but we believe that there is only 260 feet of frontage along there. So we think they probably just over charged. it. Like I said I think we can get that worked out with the Highway District. I have also reviewed the City's staff report that was prepared and submitted before the Planning and Zoning Commission hearing and are in agreement with most of it. There is one fairly significant issue that we would like this Council to take into consideration tonight. That is with respect to the requirement that the existing graveled area on the what I will call the back side of the property over on the Meridian Road side of the property, we are seeking to have the Council not accept staffs reoanmendation that that entire graveled area be paved. There are a number of reasons for that and Mr. Zamzow is here arx# can explain these things to you in a little more detail. But, said simply the least that Zamzows has with Tom Scott Automotive is only a 3 year lease. The intention is to use that property at the end of that lease for another purpose. And Mr. Zamzow can talk to you about that. That other purpose, the expectation is that they build a building on it. The hope is that the Council would not require to pave that graveled area only to have to come along behind it three years from now and dig it all back up in order to build a building on it. That graveled area as I understand it is intended to be used by Tom Scott Automotive as a place to park vehicles that before they go out on display they have out there (inaudible) while they are waiting to be serviced or waiting to be picked up after having been serviced. So we are hoping for is that portion of the property can simply continue to be used as we understand it has been used by Meridian Ford. We know that there have been some concerns expressed over the course of the last few months about the lack of progress on the landscaping and the other improvements which the Council imposed on the original conditional use permit. I think that Mr. Zamzow is probably just about as frustrated with that as you are. But perhaps I can help to explain what has been done and why it is that you don't see trees and shrubs out there now. When Tom Scott Automotive came into the picture, we knew from the beginning or Mr. Zamzow knew from the beginning that they were going to want to use more of the property and he expelled that if they wanted to use more of the property and to revise that he would have to oa`me in and get an additional conditional use permit. Knowing that the Council was likely to impose landscaping improvements and the Ada County Highway District was likely th impose requirements that additional property be dedicated for the right of way it seemed not to make a great deal of sense for Mr. Zamzow to start to work on a portion of those improvements only to have to go back and remobilize and then build some more.. The hope that he would be able to do the entire site all at one time. Of course when the original conditional use permit was issued he was required to submit a bond for that work. And that I guess from the practical standpoint is part of what it is that has caused the delay in completing that work. Like to just do it once rather than going to do part of it and coming back and then do some more of it later. Second I guess we didn't know for exactly what either the Highway District or the City Council was likely to impose once they looked at the entire site. Although the landscaping plan I guess is somewhat similar to what was subn~tted before it is not exactly Meridian City Council December 17, 1996 Page 13 the same and as I said didn't want to build something that the city Council didn't want or wouldn't have required. The second thing is and it is just simply a matter of getting the people out there and doing the work. Mr. Zamzow can tell you about this in a little bit more detail but it is my understanding that the contract has been let. He said he contacted the people to do the work clear bads in September or October thereabouts and it has just been a problem with getting the contractor there and on site. I think there have been some delays caused by the weather and concerns about tying up~traffic during the holidays. So, what we had thought that we would be able to accomplish without too much troubte was to get it all built at one time once we knew exactly what the Highway District and what the City Council wanted to have built over that entire site.. To the extent that has caused any consternation I know that Mr. Zamzow is probably just as uncomfortable as you are about all of that. Finally there is an issue that I guess I need to raise just so that I don't waive the issue it unfortunately it is one of those technical and uncomfortable issues that needs to be dealt with at this level so that in the event there is ever any question about at another level the issue isn't lost. That is the last time I was here before you folks I think I expressed the opinion that I wasn't altogether convinced that Zamzows was required to obtain a conditional use permit for this use because in my view that property is entitled to grandfather rights for a sales and service faality such as what is proposed. That is that it is anon-conforming use. Mr. Zamzow has advised me that he wants to try to work with the City, he too is interested in improving the property and having the property look. good because obviously it is one of the entryways to the City. But by applying for the conditional use permit it is important for the City Council to understand that Zamzows does not intent to waive any rights it may have under, to use the property under the non-conforming use provisions of the law. That it intends to preserve any and all legal rights it may have along those lines. What Mr. Zamzow is hoping the Council will do is to be reasonable in its approach and expect reasonable actions on his part. With that I will be pleased to answer any questions. Bentley: Mr. Mayor, I have a question since you are applying for a new and used facility for RV's does that mean that there will not, that you are not applying for a used, new car sales? Bradbury: It is my understanding that the primary use is for new and used RV's. But I also understand that there may be from time to time other sorts of vehicles on the lot as well. Bentley: (Inaudible) is that appropriate since the permit they are applying for is for RV's? Crookston: If all they have applied for is the RV then that is what the use is for. ~ they have applied to have new and used automobile safes also then that is included and that is what it could be for. It is whatever the application ttrat has been applied for controls that. I don't recall, 1 haven't looked at the application recently, I do not know what was in fat Meridian City Council December 17, 1996 Page 14 applied for. Bradbury: I was going to say, I was going to rifle through my file to find something that would help answer that particular question. 1 guess rather than doing that I would like to remind the Council is that this issue was discussed to my recollection last summer when we were here and got the transfer of the conditional use, the original conditional use permit over. At that time I think it was fully disclosed that the primary use was recreational vehicles but there may be other sorts of vehides on the property from time to time as well. Bentley: What is the time frame on the landscaping? Bradbury: Well the staff report that you have before you I think set an outside time limit of six months to complete the landscaping. With my discussions with Mr. Zamzow he indicates to me that is well within the time frame that he would like to see the work completed as well. He would like to get it done just as soon as (End of Tape) that the staff report has suggested be the outside limit. Bentley: Thank you Crookston: Mr. Tolsma has handed me his copy of the application and it says description of proposed conditional use, new and used recreation vehicle sales lot and service facility. Bradbury: I might also point, I have rifled through my file now too, in the attachment to the application, I guess Mr. Crookston is reading from the face of the application, there is a more in depth summary of what it is the application sought and it says in paragraph five the last sentence is intended the use of the opportunity if the application is approved will be consistent with the uses previously approved by the City. That was I think it was, it has always been clear that the use previously approved by the City was for both recreational vehicles and other sorts of vehicles. Corrie: Any further questions, Mr. Bentley? Mr. Rountree? Rountree: Yes, you indicated that you wanted the Council to consider not having to have you pave the unpaved portion. You indicated that you want some reason here, but you haven't given any date certain about when a building would be built and if at some point in time and a date certain that building is not built is the applicant agreeable to then pave the parking lot? I would like that information, I believe not to pave would regains a variance so I suspect it would have to go through a hearing for that, Counselor? Crookston: I beleive that would yes. Meridian City Council December 17, 1996 Page 15 • Rountree: The other point as far as paving if I were to be in a position to be reasonable from your perspective and say no paving at a minimum the entryways need to be paved sufficient to accommodate a tow vehicle and whatever RV they are pulling to accomodate safe egress and any driveway through the parking lot should be paved to minimize dust. I don't know if the applicant would have problems with that. Another question I would have is would they be willing to increase the bond amount to make sure that the work get done. Those are the only questions I have at this point here. Bradbury: Some of those things probably Mr. Zamzow needs to answer because he knows better than I. I think that the idea of a period of time within which paving must occur in the event the property, use of the property doesn't change is certainly something worth considering. Yes I agree that the entryways need to be paved, in fact the Ada County Highway District requires, or if they don't require it they certainly recommend it, 1 have to tell you that I can't remember which it is, but they certainly recommend that a certain distance back from the right of way be paved if it is a graveled area. And Mr. Zamzow is certainly willing to accomodate those requirements. With respect to the issue of a variance. This was something that came up at the Planning and Zoning Commission meeting last week and one of the questions that the Planning and Zoning, one of the members of the Planning and Zoning Commission asked at that time is since the paving requirements, I am going to paraphrase becaase I don't remember exactly what the words were, but since the paving requirements appear in the section of the City's ordinance which talks about off street parking requirements is it really, is it truly a requirement that this property be paved, this portion of the property be paved since what the application seeks is approval for a sales lot. Okay, so it got me thinking a little bit about that. At that time I think Counsel said you know good question, I am not sure I lviow the answer. And got me thinking about it so I went back the next day to my office and pulled out my copy of the code and I read through the City's ordinance so that I had a feel for that. 1 will tell you my reaction to that is that the off street as I am reading through the off street parking requirements I am reading them to be requirements that are requin3d of any use that set out how much parking must be provided for a particular use. In this case the use is a sales lot. The parking that we are talking about is like customer parking and employee parking, a place for them to park their cars when they come to this use. In the off street parking requirement portion of the code there is a provision that says how much of the sales lot needs to be set aside for off street parking. So it is clear that the off street parking requirements are not to be imposed over the entire property, over the entire use. Those off street parking requirements are to be imposed over that portion of the property that is to be used for parking. Now is there a distinction between parking customers and employees and parking of display vehicles. Well the code doesn't say so but I have to think that there is becaase what the code says is that 1/3 of the property must be set aside for off street parking. So taking that, using my logic if you will, taking that next step 1/3 of the property needs to be paved. One third of the property is already paved. So I don't • Meridian City Council December 17, 1996 Page 16 think that the off street parking requirements mandate that this graveled area be paved. Because the off street parking requirements can be met on the balance of the property. Now I don't want you to get the idea that I am saying Counat can't impose paving on that because you probably can as part of the conditional use permit you can impose reasonable conditions. One of those conditions may very well be pave the graveled area. But I don't think that it is mandated that the Council require that the gravel area be paved and if the Council is inclined not to require it I think you are welt within your rights and so I don't think it is necessary for Zamzows to apply for a variance for that purpose. Now after that long lengthy explanation I have forgotten what other points you raised. Bond, I think Mr. Zamzow needs to answer that. I have to think that he is going to be willing to work with you on that issue. Were there others? Rountree: I mentioned paving of driving lanes within the gravel area. Bradbury: I think I will let Mr. Zamzows address that one as well. Cowie: Any further comments or questions? Bentley: I .have a question for staff, Shari have you reviewed the new plans for the landscaping and are they acceptable? Stiles: Councilman Bentley, Mayor and Council, I beleive great strides have been taken since the initial submittal. I guess my only concern would still be the buffering of the adjacent residential uses. I don't think that they show the landscaping, that the planting strip adjacent to those they do show one on, they do show a planting strip of I beleive ten to twelve feet adjacent to the home on East First Street. But there is an older home on Meridian Street that is a separate parcel that 1 don't know what is going to happen with that. Apparently it is being rented right now. I just don't want it coming back to me later that the people are upset because the people on East First Street having a planting strip and they have nothing adjacent to them. That would be my only change. Bradbury: I am sure that Mr. Zamzow would be happy to sit down with staff or have Mr. Strite sit down with staff and try to work out any further details that need to be worked out. Like I say we are trying to get along. Cowie: Any further comments or questions from staff for Steve? Zamzow: My name is Rick Zamzow, Mayor you have probably heard more from me than you ever want to hear, but I am a little tired about coming back up here on this. It seems like the process is no doubt, you cross all the is and dot all the is and that is good. The, I was going to say that next month this will be one year exactly that we have been going Meridian City Council December 17, 1996 Page 17 through this process of trying to get this conditional use permit. The fact that my previous renter walked is nobody's fault,. it is not your fault. But, it still is a lengthy process to get this done. Obviously we have budgets we try to work under and I had never dreamed that I would have to pave that area in particularly when we originally started working with the Tom Scott people. I guess that would be my fault for not looking into the ordinance a little more. The rent that I charge them for what I call over flow parking for their RV's was for that whole area was $500 a month for that gravel area. With the requirements of Ada County curb, gutter and sidewalks and set backs and landscaping at that rate return on investment will be some time 150 years from now so that is not very good business. That is not your problem either. But, long term, I will be honest with you, I have two people, one went away but we had the agriculture administration wanted to build offices there. Since I have talked to Captain Tom Peterson who wants to build a salvation army thrift store at that location and I have several inquiries because that is a real desirable area. Using it for off street parking or whatever you would like to call it is probably not real good for long term. So, no matter whether you like it or not, I am going to be up here in front of you trying to get that rezone conditional use permit sometime in the near future. So, if we pave it now or we pave it later it will get done. In regards to the buffer on the old house we had left that off intentionally, that property will be sold and will be used commercially. At that time the buffer will be required but that property will go away. It is for sale right now and that will be all cleaned up. It is kind of like trying to put the hose behind the carriage if you will. You can't make that decision but there is no question that you will be in control of that property sometime in the future because it is not going to stay there at a $300 rental. The same with that grave area. In other words you are never going to lose control of it With that in mind we would like to have that variance in consideration no matter how you look at it. It will be paved sometime in the future. I have no problem paving it, I have a problem being in business and doing something that is a waste of money and I consider that a waste of money if we pave it. That is all I really have. Rountree: Do you have any difficulties with the questions or points that I raised about establishing a date certain at such time that you would pave it, paving entryways and paving drive ways within the graveled area? Zamzow: I don't have, I would have to walk out there with you Charles, and just take a look at, the entryways are paved to a point when they put in, I think when they paved that road it paved back 20 feet. I don't know how far, we are going to have to put curb, g<rtter and sidewalks and landscape in the Meridian side. That will be widened I understand to four lanes and so no I wouldn't have any problem at all with that. As a matter of fad the lane is between Les Sdiwab and that is paved so the one already is, the other one vwuld just be the pavement between the old house that is about ready to fall down bads along that strip. That wouldn't be a big project I don't believe.. What was the other question, the bonding. No that is a requirement, I fully anticipated that. Meridian City Council December 17, 1996 Page 18 Corrie: Any further questions for Rick? Thank you Rick. Morrow: Mr. Mayor, point of discussion with respect to this paving issue and landscape issue on Meridian Street. I guess it is from a technical standpoint, 1 am a little uncomfortable having to deal with this right now given the fact that the money has been appropriated and is in the fiscal 96/97 budget with ACRD for right of way acquisition on both Franklin Road, Meridian Road for that expansion and construction of Fisca197/98. The issue with respect to the house could very well be that the house goes away as part of that road expansion. Depending on where that line goes through. I don't know that at this juncture we are able to identify where the landscaping and or paving ought in fact to be. What I would hate to see us do is to mandate that stuff be put in now only to be torn out 18 months from now or as quickly as 12 months from now when the construction in that corridor begins. I think that it makes a good deal of sense in my mind to move forward with the conditional use but maybe address some of those issues with that exp~tsion of that road. Now having said that I would like to have some comments from staff concerning what their knowledge may be. Stiles: Councilman Morrow, Mayor and Council, Ada County Highway District has completed their design of that section of roadway. They know where their takings are going to be and they have street sections of the entire project on Meridian Road. Morrow: That is correct Shari but if you will recall in our last meeting with the ACHD Commissioners at Commissioner Eastlake's position she wanted that design revisited for possible width along Franklin and Meridian Road. In the budget there are additional monies for additional design work and I am guessing that may very well be for just those kinds of things. 1 can't tell you that it is cast in stone that design has been picked or was picked by and supported by us within the City of Meridian and with the ACRD staff and with the Commissioners of record at that time is in fact not going to slightly be modified, don't know. I know that her direction to the staff in our joint meeting was that they research some of those things and then get back to them. So that is why my comments are being made. Stiles: I would think that by the time they got that they would have that resolved before the landscaping was even started. Morrow: Could easily be, I think the other thing from the construction standpoint you know that there is going to be slop over and it seems to me that it makes sense to do all of those things in conjunction with each other as opposed to having a wheel from a ten wheeler driving through somebody's sprinkler system and landscape system. So it locks to me like we need to develop some flexibility particularly on the Meridian Road side as point of observation. Meridian City Council December 17, 1996 Page 19 • Rountree: I think you are correct and if that project is that close that needs to be done. There is no sense in advancing this landscaping and improvements as you say only to have it tom out by construction activities which will happen. Stiles: So in that case we would bond for the improvements for the six months if we needed to extend that bond for that portion we would do it at that time. Morrow: I think so, 1 think the practical sense here is that we let the street improvements get in get done and then have Mr. Zamzow and his crew come bads and landscape to back of curb, back of walk, everything that is there and fixed elevations, they are all known factors and then we are not wasting the good consumers dollar in having to do something twice. I am sure that it would be agreeable with him to continue that bond in force until that work is done. Who knows how budgets go with governmental entities but at this juncture right of way acquisition is this year, construction (inaudible] next year. So it looks to me like knowing that that we as a City approach it from that standpoint. Stiles: But you are not suggesting waiting on any improvements except Meridian Road is that right? Morrow: I think that it makes some sense to wait on the Meridian Road improvements and I don't see waiting on any of the improvements on East First at all, I think the landscaping next to the old house is somewhat suspect and I think in terms of tot pavements it may make a certain amount of sense to defer on some of that and require soil sterilents and dust control agents to be in place there while we are waiting for what ultimately comes out with the road improvement. I certainly don't disagree with Councilman Rountree's position that the entrances at least need to be temporarily done to control that also. Bentley: Mr. Mayor, I want to go back and ask Mr. Bradbury a question, I would like to know if that would be acceptable -because earlier you stated you didn't want to do landscaping and then have to come bads and do a second phase of landscaping and now we are talking doing exactly that, is that going to be acceptable. Bradbury: Actually it would be because what we would is we would nm the water line down and dove it off with that and I think we could plan. if we knew that going in. Bentley: Thank you. Corrie: Council do you want to end new findings of fact and conclusions based upon the discussion tonight or do you want to change them at hand? Morrow: Mr. Mayor, I guess the question in my mind would be to City Attorney in terms of ! ~ Meridian City Council December 17, 1996 Page 20 the things that we would like to see done if that is what the direction of the Council is can they be incorporated within these findings of fact (inaudible) Crookston: You could use what has been prepared for Planning and Zoning but I think you would have to interlineate quite a bit so I think that the City would be better off to have new findings of fact and conclusions of law prepared. Morrow: That being the case Mr. Mayor I would move that we instruct the City Attorney to prepare new findings of fact and conclusions of law for the conditional use permit for new and used RV sales and service facility by Zamzows. Bentley: Second Cowie: Motion made by Mr. Morrow, second by Mr. Bentley to request new conditions, new findings of fact and conclusions of law for the conditional use permit for the new and used RV sales and service facility by Mr. Zamzow, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: Cowie: Please state your name? Wiltsee: My name is Dave Wiltsee, I am representing Western PCS, we are located at 3184 Elder in Boise. In the spirit of the season. I am going to be merciful and stick to my three minutes. I represent Western PCS a major wireless telecommunication firm with extensive licenses to serve most of the western United States at this point. The project that the particular site that we are going to disa~.ss this evening is part of is a phase of this project that extends from Ontario Oregon east to Mountain Home approximately. The particular site that we are proposing and the nature of this business is to build and utilize telecommunication towers mounted with antennas to bounce signals bads and forth. That is pretty much the nature of the wireless industry today. The particular type of system we are building here is going to be a considerable advancement over the traditional analog cellular systems and that it is digital and has many attributes including being able to serve more different kinds of devices have a larger opacity and also be virtually foolproof as far as copy numbers and that kind of thing which is becoming increasingly common with analog cellular systems. The nature of the beast also is the antennas have to form a network and essentially be line of site that is each set of antennas has to be high enough to see some others not all others in the entire network as I describe the network that we MERIDIAN CITY COUNCIL MEETING: December 17.1996 APPLICANT: ZAMZOWS ITEM NUMBER; 9 REQUEST: REQUEST FOR A CONDITIONAL USE PERMR FOR A NEWNSED SALES/SERVICE FACILITY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES OF 11-12-96 P 8 Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" (~ SEE ATTACHED COMMENTS I I .~ .~c /~ U" ~` ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission November 12, 1996 Page 15 Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on this. Oslund: Second Johnson: We have a motion for the City Attorney to prepare findings of fact and conclusions of law on item 10, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We will review those December 10 and then it will go onto the City with the same procedure there will be another public hearing. ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A NEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: Johnson: I will now open the public hearing, is the applicant or his representative here, they are both here. Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Chairman and members of the Commission my name is Steve Bradbury as Mr. Crookston has already indicated and for those of you who don't know me and I guess it is only Mr. Bonap who I haven't met in the past, I am an attorney. I have been asked to represent Zamzows in connection with this application. What you have before you is an application actually to expand an existing conditional use permit for a new and used recreational vehicles sales and service facility that is presently located down here on East First Street at the site of the old Meridian Ford property. So that you know, it has been a little confusing at least to some people about what part we are talking about. The site we are talking about is bounded by East First Street on the east and by Meridian Road on the west and by Les Schwab Tires on the south. Then it goes up to where that residence is on the north that is on East First Street and stops there and goes back. Apparently Meridian Ford used some other property which was behind that residence and further to the south. That property is not included in this application. The property that is in this application consists of about 3 acres more or less, maybe a little more than that. It, what we are doing here or asking for is to expand the conditional use permit that was previously granted which consisted of I am going to say I am going to guess about an acres worth maybe a little more than that acre maybe an acxe and a half. Now that original conditional use permit was filed back in March and it was filed under the name Advantage Auto Sales, you probably remember that one. That was intended to be an automobile sales and truck and automobile sales lot. The hearing was held before this Board I guess in May, 1 wasn't • • Meridian Planning & Zoning Commission November 12, 1996 Page 16 here at that time but then later got involved in the project. Of course then the project was ultimately approved subject to a number of conditions and it seems to me based upon what 1 have been able to gather the big issue seemed to be the landscaping requirements. So while the staff was working out the landscaping requirements with the owner of the property and the potential user, that user Advantage Auto jump ship, took off and gave up and went away. So Zamzows was sitting there with a conditional use permit without a tenant on its property it was intending to lease. So they got a hold of Torn Scott Automotive and last Summer filed and application with the City to transfer the existing conditional use permit to Tom Scott Automotive. That was approved by the Council, I believe it was about August 20 of this year. Then on a temporary or (End of Tape) it was made clear the intention was that Tom Scott would want to use the entire site and not just a portion of the site. Of course staff advised that a new conditional use permit would be necessary, that is what we are here to do. What we are asking this body to dice is to approve the expanded conditional use permit basically in accordance with the same requirements which were imposed with respect to the original conditional use permit except of course there are a couple of differences.. The main one and most obv~us one is probably the landscaping requirements. The landscaping requirements which were imposed before had to do with just the portion of the site which was going to be used. So now we are proposing to use a larger portion of the site and a new landscaping plan was necessary and in fact has been prepared and submitted and I am assuming that you all have copies of that plan. If you don't I have a couple of extra here. Mr. Zamzow hired Bill Strite to prepare the landscape plan. He drew it up and met with Shari Stiles who is not here at the moment to defend herself so we will say whatever we can think of. My understanding and I think Bill's understanding is that Shari had. reviewed it and was satisfied with the proposal. That is what we intend to build assuming that the application is approved. The other thing of course that is different about this application than the previous one is that Ada County Highway District has required that additional dedications and improvements be made. Before we were only talking about East First Street frontage now we are talking about Meridian Road frontage as well. So the Highway District has imposed sore additional dedication requirements ark improvements for that frontage. We have reviewed the ACRD requirements and they are all acceptable to the applicant. Except I guess one minor issue that has to do with the amount of the deposit they are asking to be put into their right of way trust fund. They calculated the deposit based upon 320 feet of frontage on that road, they only have about 260. We think we can work that out with the Highway District without too much trouble. t just wanted to point that one minor glitch out. Other than that the Highway District's requirements are generally acceptable. Johnson: Excuse me, you have no problem with the paving requirement? Bradbury: Are you talking about the interior of the site? • Meridian Planning & Zoning Commission November 12, 1996 Page 17 Johnson: Yes Bradbury: I will get to that, I am not quite there yet, I am almost there. As a matter of fact I think the next thing I am going to talk about is there. We have also reviewed the staff report which we received this morning and are generally in agreement with most of it. But it was a very nice segway, the graveled area section that staff has requested be paved we would like this body to consider waiving that requirement and the reason is this. The lease with Tom Scott Automotive is only a 3 year lease. We don't expect that property will be used long term for that use. I was talking to Rick earlier this evening and he tells me that he kind of expects that eventually there will be another use there and there may very well be a building placed in the location where this gravel area is or some part of the gravel area. His request to you is that you not require him to pave something that 3 years from now he may be digging up and putting a building over the top of. That site is intended to be used only for over flow parking in connectia~ with the operation there. It had been used by Meridian Ford for the same purpose and my understanding is for however many years that they were on the site or that portion of the site and what we would like to be able to do is to continue a similar use for at least the term of the existing lease and then if the plans change we won't have to be digging out a bunch of expensive pavement. So that, with respect to the internal paving that is a concern. We also of course are aware of and a little bit concerned about the staff report`s observation that there has been a lack of progress on the landscaping requirements under the originally issued conditional use permit. We certainly understand the City and City staff are a little bit concerned about that too. There is a reason why nothing appears to have happened on ground. There is a little bit more behind the scenes probably going on than is obvious. You need to remember that when Advantage Auto took off on us and we went to Tom Scott and got Tom Scott involved at that point we knew they wanted to use the entire site. We had been advised that we were going to have to get a new conditional use permit for that and we knew that based upon that we were going to end up with additional landscaping requirements and additional ACHD right of way dedications and that we were going to be looking at preparing a completely revised or substantially revised site ,fan to deal with those issues. The hope was that we would be able to construct all of the improvements at one time rather than having to go in and do a little bit here and then after we get conditional use permit approval for the rest of the site assuming we did go back. and do the rest of it. So that was at least part of the problem, part of the problem was that we didn't want to jump out there and start building stuff and then have to go back and rebuild or add on or fix or change depending on what you folks decided was a necessary requirement for the expanded conditional use permit. The second issue of course is that we had to go back to the Highway District and find out what they were going to require. And of course we had to higher the landscape architect or get him back on the job and get him to come in and talk to Shari and see what it is that she was going to require or propose be required. Of course all of that took probably a little more time then any of us really expected. As a Meridian Planning & Zoning Commission November 12, 1996 Page 18 matter of fact we are still trying to get permits out of the Highway District to start the work. I spoke with Rick again earlier this evening and he tells me that he has gotten bids from Concrete Placing to start the work at least on the First Street frontage. If we can get the permits and all goes well construction should start in the next two weeks. Rick can tell you a little bit more of the details if this has been a worry for you. I guess what 1 would like to convey to you if nothing else is that the applicant I think is doing his best to -try and comply with what it is the City would like to see out there. I will tell you something that I have told to the Mayor and I think Mr. Johnson was in this meeting, it has been a couple of months ago, one of the issues that has created some consternation for the applicant is whether or not and why he ought to be required to get a conditional use permit in the first place. Given that site was used as an automobile sales lot for years and years. That is that Meridian Ford was grandfathered. I have spoken a little bit with the City Attorney about the necessity of getting a conditional use permit and frankly we disagree. Mr. Crookston thinks that we should and I am not sure that legally it is required. All of that aside and in order to try and get along and to try and do what the City would like to have done the applicant has agreed let's try to get some approvals and let's try to build some of these things. That is where we are but I guess the bottom line is that the applicant would like to do it with, as efFciently and economically as possible. With efficiency you sometimes get a little bit of delay. Johnson: (Inaudible) sharing that feeling with us? Bradbury: Well the reason I am sharing that feeling with you is for two reasons, one because one of the requirements under the law is that f make a record of any legal issues that might arise in connection with an application, so I am making a record. And second just to explain to you that even though legally there may be an argument as to whether or not the conditional use permit is required the applicant is agreeing to go through the process. And we are here and we are not saying, the applicant is not saying I won't get a conditional use permit, I won't go through the process, and I am just going to do whatever I darn well please out there on the one hand. On the other hand the applicant is asking that you folks recognize that economically some of the conditions that are sought to be imposed might be just a little bit too harsh. I hope by saying that I haven't ruined everything I said before. Johnson: Anything else? Bradbury.: That is all I have, I would be pleased to answer any questions if you have any of me. Johnson:. Any questions of the representative? • Meridian Planning & Zoning Commission November 12, 1996 Page 19 MacCoy: You said you have read the requirements that our staff has put together. I am interested in your understanding of the signage out there. Bradbury: I don't know what plans there are for signage, I understand as the staff report points out that if signs are intended then they need to be approved. Beyond that I can't answer or address the question. Maybe Mr. Zamzow would be better suited for that one. MacCoy: Okay, since you realize that we have a sign ordinance (inaudible) and get that approved. Since your statement that you are only going to be there 3 years or at least your client will be there 3 years I don't think (inaudible) big signs that we don't want to see big signs that light in the night and flash on and off and so on because we have had our fill of that situation. Bradbury: I understand what your concern is and I wish I could address them in more detail but I just don't know what the plans are. MacCoy: Now, the ADA which is your American Disability Act are you familiar with that? Bradbury: Sure MacCoy: We have asked for parking and. signage on that property, that building as it presently stands doesn't have any access interior do you know what the inside of that building is going to be used for? Meaning are we required to have people that have wheelchair problems have to go in that building or is that going to be strictly maintenance operation in there? Bradbury: I don't know what specific requirements under the ADA may be applicable to the building itself. MacCoy: Well if you use it fir the public you are going to have to make it accessible is what the thing says. That is pretty short order. One of the things that was laid out in the staff report which I take exception to is it mentions repairing the broken concrete. Are you familiar with concrete work, but you are better off going in and busting all of that out and putting in new concrete. I don't want to see a repaired concrete out there down on the main thoroughfare that we have because it just doesn't work in the first place We are always repairing it. It doesn't do your business any good and it doesn't do us any good as a City.. I would like to see that be included in your material that the sidewalk if you are going to take it out your money ahead actually by taking the whole thing out and putting in a decent sidewalk and concrete effort. Site lighting which was spoken to as part of this is a real concem of ours. We understand you have to sell items but we also think that the people that live on the north side of the place deserve some recognition from the Meridian Planning & Zoning Commission November 12, 1996 Page 20 standpoint we don't want to end up lighting their entire place up. So I would suggest that you have that as a criteria that you do low level lighting that doesn't blind the people that live next door. I had one more item here, I will pass, go ahead. Shearer: I don't have anything, I think everything is pretty well covered. Johnson: Commissioner Borup? Borup: The only question I had, I think from what I gathered from (inaudible) basically everything that staff prepared you are in agreement except for paving the over flow parking in the back. Bradbury: That is correct. That is really the only issue that is of any significance. It appears to me that except for the little bit of a glitch we have got with ACRD that is the only other thing we would have to work out. Johnson: Thank you very much, would Mr. Zamzow like to address the Commission at this time? Richard Zamzow, 11555 Thomas, Boise, was sworn by the City Attorney. Zamzow: I really don't, I think Steve covered the history thoroughly, I don't think I need to go over that again. This has been a real struggle for me, had I known it was going to be like it was I probably never bought the property in the first place. (Inaudible) It is amazing to me, of course I deal with, I counted one day, I deal with 27 different government agencies and we all do that from the Department of Weights and Measures to OSHA, and it is questionable sometimes how people would want to be in business first of all or how they can stay in business. 1 think it is pretty tough sometimes. Nonetheless it is very expensive to facilitate everybody and very time consuming. Plus you have to run your business in the mean time and 1 am not up here on my soap box but I am going (inaudible) I have had a renter here since February, I have had lots of rent since February and plus all the improvements that need done. 1 know you guys don't have any real sorrow for the money that I am losing so on and so forth, but frankly it is tough. You have cash flow and you have to make ends meet and you have to work. So with that in mind what Steve is saying is hey we are bleeding, the bleeding has stopped the Mayor has been great, Shari has worked with us and they have helped us. We have an overflow, we were honest up front that.gravel area we wanted to use as overflow. Tom Scott came over here saying hey I want to be upfront with the City of Meridian to a fault. So that we don't have any problems with them down the line because we want to be good citizens and I don't want to lease this from you long term and make how many millions of dollars worth of equipment do they have there and make a commitment like that and then having to find another location. Meridian Planning & Zoning Commission November 12, 1996 Page 21 Johnson: I will second that, I was at that meeting with Tom Scott and they were very up front about what their intentions were. Zamzow: Yes they were, so we said we want a tittle bit of overflow parking, needless to say if you are going to use that for overflow parking then you have to go to Ada County and have to do all of the landscaping improvements. Then you have the setbacks on the Meridian side then they require that landscaping there which is another $30,000 so now we have $60,000 worth of improvements plus loss of rent. So we are talking $100,000 worth, which you don't budget for. There is nat a one of you that would have bought that property or anybody I asked would have ever thought I would have had to do what I am doing. I am sorry, I have never talked to anybody that would have thought that. It is not as if I just fell off the watermelon truck because we just finished a building down there and 1 know what the requirements are and I have no problem with the requirements. But I have a problem with expediting things, and I think I fell in the crack here somewhere. So anyway with that in mind I would hope that you are as considerate as possible so I don't have to throw another $30,000 of paving on there for over flow parking. (Inaudible) I have really kept my temper Jim. Johnson: I think you have done a very good job of that. I do, I understand exactly where you are coming from, I think we got off on the wrong foot on some issues. I hope you don't think that this commission has been obstructional an obstructionist at alt because that is not our intent to do that. I realize things haven't moved along quite a quickly as they should have. I think however I think you people made some assumptions that weren't true and I can see why you made those assumptions but we have to follow what our ordinances are and what are requirements are and I know you understand that now. t think the recent meetings have all been positive and with the Mayor and I think going back to why we are doing what we are doing is an opportunity that the City has not had for a long period of time on that piece of property to make what we consider to be improvements to the entrance way to Meridian and that is why, it is an important piece of property to our image as a City. In the future this is probably our last opportunity at least first and last for a long time to make improvements there that fit with our present code. We are proceeding as though we are legally able to do that at this time. On the advice of our attorney and other things this is an opportunity for us to do that and I think you understand that. We are compassionate, some more than others obviously, but we want to move this along too as quickly as we can. We also have to do it right and this is enough of my speech, but I am just responding to really your concerns because it is not as though we are up here trying to make things difficult for you. That is not what we are trying to do, at least we do not do that on this Commission I can tell you that. Zamzow: I know that it takes time, you meet once a month and then that goes two months and then it takes me a month to get the architect and then I have to go in front of Ada • Meridian Planning & Zoning Commission November 12, 1996 Page 22 County which is, I am telling you is a real tough duty. And then it has to go to the State of Idaho and then we have seven or .eight people that have to sign off and it just takes time. It is my concem was my integrity with the Mayor that I told him I would get started as soon as possible and frankly I did. On the 15th I redid the drawings with Billy Ray Strite to ~t the whole property and it took my renters almost 2 weeks to get signed off of all the agencies just the fire department, the planning and zoning, the sewer and underground waste people and so on and so forth. I have been, if I had dropped and quite running Zamzows and worked 100% of trying to get this renter I suppose I could have sped it up maybe a week or two. But I have a business to run and that is in between time. So that is real critical to me because I don't want to have any hard feelings with the Mayor or anybody else on this because I am doing business in this area and that was my biggest concem was in the staff report it showed, I kind of read between the lines there like there was some concern there and there shouldn't be. We will get it done, first and foremost they have a $24,000 bond with me and then they have another one that the Ada County Highway District, another, so they double whammied me on bonds. In other words I did it twice, I did it with the City once and I had to do it with Ada County Highway District. (Inaudible) Are there any questions? Johnson: Any questions of Mr. Zamzow? Oslund: I just had a comment, that is that you talked about the cost of the improvements and I hope that they are not excessive but the only thing that I would add is that hopefully that as each owner out there adds their improvements that is going to improve the value of all of your properties and hopefully in the future you will have a property that is worth even more and even more desirable than it is now. I hope that money you spend you get returns on that. I think you will. Zamzow: I think we will long term, it is kind of hard to up front the cost when you didn't budget for it. Of course that happens every time you do a project. But usually not more than 10°~ this one has been substantially more than that. Nothing comes easy that is for sure. ~ Johnson: Okay, this is a public hearing, is there anyone else that would like to address the Commission at this time? I will close the public hearing at this time. MacCoy: Mr Chairman, I move that we have the attorney prepare findings of fact and conclusions of law for this project. Shearer: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and • Meridian Planning & Zoning Commission November 12, 1996 Page 23 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: Johnson: I will now open this public hearing and invite the applicant or the applicant's representative to address the Commission. David Wiltsee, 3184 Elder Street, Boise, was sworn by the City Attorney. Wiltsee: Before I start I would like to say that my seat back is in mint condition, I did not attempt to destroy or mutilate the arm in any manner, if that could be held to my credit I would be most appreciative. Good evening, I am very happy to be able to deliver this proposal for a conditional use permit to you tonight. I represent Western PCS which is a corporation based in the Seattle area, and holding quite a number of FCC licenses to serve large portions of the west and mid-west. Almost exclusively with wireless telecommunication services ranging from conventional cellular to the type of system we are building here in southern Idaho right now which is a more advanced cellular type system called PCS. It is digital rather than analog in nature compared with the more conventional cellular. It has much more capability of supporting different kinds of devices and much more capacity. There was an interesting story on Channel 7 news tonight about a fellow who was setting up an independent web type site in Boise, he just aimed up to Table Rock mountain with a little antenna he has devised and he will then peddle his service to people so they can get on the intemet in a wireless way. Johnson: Cyber highway. Wiltsee: Yes, this kind of thing is coming very rapidly, we don't see us being in competition so much with the more conventional telephone companies and telecommunication companies as supplementing and providing a different kind of service than is available right now. In the area that we are dealing now, ,essentially Ada County, Canyon County, and Payette and over into (inaudible) Oregon will be putting about 35 telecommunications antenna sites. We started in August and we are probably going to complete our work in February or March hopefully and be able to have the system up and running. There after we will move over and deal with the rest of Idaho and hook into our system that extends down and includes the entire State of Utah. The particular facility that we are requesting a conditional use permit for is a monopole and I am sure you are familiar with a monopole that is over in a storage facility over here near the interstate highway here in town. It would be similar, it is going to be located on Bower Street, it would be a little OFFICIALS • • HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer CITY OF MERIDIAN BR S l Works Su RONALD R. TOLSMA EYEE C UCE D STUART, Wat er pt. GLENN R. BENTL JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 KENNETH W. BOWERS Fire Chief JIM JOHNSON, Chairman , Public WorksBuilding Department (208) 887-2211 W.L. "BILL" GORDON, Police Chief TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 WAYNE G. CROOKSTON, JR., Attorney JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY MEMORANDUM Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Bruce Freckleton, Assistant to City Engineer c~=~ Shari Stiles, Planning & Zoning Administrator DATE: November 8, 1996 SUBJECT: Request for a Conditional Use Permit for aNew/Used R.V . Sales/Service Facility by Zamzows, Inc. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2. Dedication by property owner of required right-of--way on Meridian Road shall take place prior to obtaining a Certificate of Occupancy. A temporary occupancy has been obtained for a portion of the site under a previous conditional use permit. Underground sprinkling and a minimum of one (1) three-inch (3 ") caliper tree per 1, 500 square feet of asphalt is required by City Ordinance. 4. No equipment/parts/disabled vehicles are to be stored in public view. 5. One-third of the sales lot is to be designated for customer parking per City Ordinance Section 11-2-414.E(5). Off-street parking shall meet the requirements of 11-2-414.D, including appropriate striping and designation of ADA-accessible spaces and signage. 6. All signage is subject to design review approval; Applicant is to obtain sign permits for all signage. 7. Applicant to provide evidence of Road Trust/Letter of Credit to ACRD for sidewalk construction on Meridian Road. • • P&Z Commission, Mayor & Council November 8, 1996 Page 2 Lighting shall not impact residential properties or cause glare, as determined by the City. 9. The City is in possession of a bond in the amount of $24,000 for the previous conditional use permit. Additional bonding is required for continued usage of the site, and in no case should the required improvements take longer than six months for completion. 10. Landscape plan is not to be altered without prior approval of the Meridian Planning & Zoning Department. 11. A screened trash enclosure is to be provided per City Ordinance. 12. Applicant previously made representations to Mayor Corrie that improvements would begin immediately. To date, it does not appear that any progress has been made, and Tom Scott is encroaching on areas not previously approved for use. 13. Sanitary sewer and water services for the proposed site are existing as single services to the building. The building owner shall be responsible for City billings and will be required to enter into an Assessment Agreement with the City of Meridian prior to obtaining a Certificate of Occupancy. s HUB OF TREASURE VALLEY . WILLIAM G. BF_RG, 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 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE ~ GLENN R. BENTLE Y 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Chairman Public WorksBuilding Depaztrnent (208) 887-2211 , TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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 5, 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Conditional Use Permit for anew/used R V sales/service facility BY: Zamzows Inc. LOCATION OF PROPERTY OR PROJECT: _ 203 E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z -GREG OSLUND, P2 -KEITH BORUP, P2 BOB CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM $ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELll1A 8~ FINAL PLAN CITY FILES ~ ~ , YOUR CONCISE _~ 3;..~~: CI'd'Y ®F ~lE~~~~I~ HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depaarr-ent (208) 887-2211 Motor Vehicle/Driveis License (208) 888-4443 ROBERT D. CORRIE Mayor N I MECL!B Rc YYALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Hatl, Attn: Will Berg, City Clerk by: November 5. 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: _ Conditional Use Permit for anew/used R V sales/service facility BY: Zamzows Inc. LOCATION OF PROPERTY OR PROJECT: 203 E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z -GREG OSLUND, P/Z -KEITH BORUP, PR BOB CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) ___ BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER:... f ~ ' ~ ~- YOUR CONCISE REMARKS: 7h~ s w~~Gt, r'. f we ,~ ;,~Ic~w rl aC T 1 7 1996 ".!1'Y CF tVIERlDIAN • . BEFORE TIIE MERIDIAN PLANNING AND ZONING COMMISSION ZAMZOWS. INC. CONDITIONAL USE PERMIT 203 EAST 18T STREET MERIDIAN, IDA8O FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on November 12, 1996, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Ball, 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 two representatives, Steve Bradbury and Rick Zamzow, 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 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 1996, 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/ ZAMZOW, INC. -- CUp Page 1 • . that the general location of the property is 203 East 1st Street 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: the (C-G) District is to provide for~commer ial 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; 5. That the Applicant is the owner of record of the property and has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. 6• That a portion of the property is currently being used as is contemplated. 7. That the proposed use by the Applicant is for a new/used R.V. Sales/Service facility. 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 9• That Steve Bradbury, attorney at law representing the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ ZAMZOW, INC. -- CUp Page 2 • . Applicant, submitted testimony and comments regarding the expansion of the existing Conditional Use and that would be about 3 acres; that the original Conditional Use was for 1 1/2 acres; that the same request is alright except for the landscaping and a new plan is, or will be, submitted; that if this Conditional Use is approved they will build it; that there would have to be additional dedication ACHD requirements which they have no problem with, except the length of the frontage; that they want a waiver of paving for some of the area because it is already in gravel, and that a building may go on it after three years; that they do not want to pave internally; that the progress on the landscape has been slow due to various reasons; initially they wanted to do it at the same time but new uses and ACHD had changes; that changes need to be met; that they do have some concrete bids; that construction can begin within 2 weeks of approval?; that there are grandfather rights claimed but the Applicant says to do what is required; that some conditions placed upon this use could be too harsh. 10. That Commissioner MacCo had Y question an the signage; that he does not want signs that flash on and off, etc.; that he had questions on how ADA is going to be met; that he wants new concrete not repaired concrete; concerns about the lighting shining on homes to the north and that this must be prevented. 11. That Commissioner Borup commented that he agrees with the staff report, except the paving on the west. 12. That Rick Zamzow commented that he felt Reith Pst~ad ef-ry FINDINGS OF FACT AND CONCLUSIONS OF LAW/ ZAMZOW, INC. -- CUP Page 3 • covered the history of the situation; that he had questions about government actions. 13. That Tom Scott commented that he was up front with situation; that he thinks he fell in the crack; that he does not want to do overflow parking. 14. That Chairman Johnson submitted the comment that this was the last opportunity to have a chance to improve the property. 15. There was no other public testimony given. 16. 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ ZAMZOW, INC. -- CUP Page 4 • • 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission 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 mass will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That as a condition of granting this Conditional Use Permit, the Applicant shall meet, perform, and comply with all of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 ZAMZOW, INC. -- CUp • the representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the conditional use should be revoked;. that as set forth in 11-2- 416 J., violations of the conditions shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of the Planning and Zoning Administrator and the City Engineering Department and all other governmental agencies shall have to be met and complied with. 7. 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, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. 8. That all requirements of these Findings of Fact and Conclusions of Law shall be met, the Applicant shall meet and comply with the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of 1eridian. 9. It is further concluded that the comments, recommendations and requirements of the other governmental agencies FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 6 ZAMZOW, INC. -- CUp shall have to be met and complied with. APPROVAL OF FINDINGiB OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED The Meridian Planning and Zoning C~mmissi~n hereby recommends approval •f this Con~iti~nal Use Permit requested by the Applicant for the property described in the application with the c~nditi~ns set forth in these Findings •f Fact and Conclusions •f Law and that the property be required t• meet the water and sewer requirements, the fire and life safety odes, the Uniform Building Cede, and all ether •rdinances •f the property shall b paveie MOTION: APPROVED : !a ,// City •f Meridian, including- that the --a - -- --. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ ZAMZOW, INC. -- CUp Page 7 CENTRAL C •• DISTRICT ~'R'HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DE Environmental Health Division Conditional Use # Preliminary /Final /Short Plat ~s 4 RTFIENT ~EcE1ViE~ Re urn to: O C T 2 9 1996 ^ Boise Eagle I'TK ~~~ ~IERIDI Garden city ~~//Gc ~Li, ~ Meridian Zow mod/ s- ,~ 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual 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. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. 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 ^ 15 ^ beverage establishment ^ grocery store ~a '~ 9'~ . Date: / / Reviewed By: O~1 CDHD 10/91 rcb, rev. I/95 Review Sheet ' ^ Kuna ^ Acz 6-96 4~12PM ;Ada Planning Assoc. 208 667 4613;ii 1/ 1 Ada Planning Association 4I~4 W. Idaho, Suite 100 Boise, ID 83702 (208) E45-5274 Fax (ZU8) 346-5279 APA Serving Governments in Ada County Since 1977 MEMORANDUM i2EGE~ VET To: Will Berg, City Clerk N O V 0 6 1996 CI of Meridian _ FROM: Ma r Icon, Technical Analyst CITY Of ~~IERIDIAn~ DATE: Nova er 4, 1996 Ro: Cgndit"o al Uso Permit to~,j2.V. 3alos/t3orvlce Facility at Z03 East 1st Streot ,(MCU 29-961 APA has reviewed the conditional use permit for anew/used recreatlonel vehicle (R.V.) sales/service facility at 203 East 1st Street and have the following comments and recommendations. 1, Sidewalks be constructed on East 1st Street adjacent to the proposed R.V. sales/servlce facility. 2. East 1st Street have designated bike lanes. 3. Sidewalks be constructed on Meridian Road. These sidewalks can be road trusted since Meridian Road will be Improved In 1998. This project la in the current Transportaiion improvement Program for Northern Ada County. Desf/naflon 2015, the Ion®-range transportation plan for Northern Ada County, designates both East 1st Street and Meridian Road as minor arterials. This plan states that arterials and collectors will be designed for the needs of motor vehicle drivers, bieycllsts, and pedestrians. Both East 1st Street and Meridian Road do not have sidewalks adjacent to the subject property. Sidewalks should be constructed to provide pedestrian access and elrculation within this commercial corridor. Merldlan Road Is Included in the 199'-2002 Transportation Improvement Program for Northam Ada County for roadway improvements; curbs, guff®r, sidewalk, and storm drainage. Ths sidewalks on Meridian Road can be road trusted and constructed with the Merldlan Road construction project in 1898. In addition, both the Merldlan Comprehensive Plan and the Desfinaf/on 2018 designate a bikeway on East 1st Street. Due to the existing pavement width and the roadway being a major north/south corridor, bike lanes should be constructed on East 1st Street to accommodate the bicyclist. Should you have any quesilons regarding these comments, please contact me. MH:LR~DEVREVFY9711MERIDIAN MCU29,98 pc: Sheri Stiles, City of Meridian Larry Sale, ACHD File 540.09/City of Meridian Ada County Highway DI®trlct, Ada County, Clttes of Boise. Ewe, Gorden City. Kura, and Meridian Boise Auditorium District, 8otse Independent3obool Dletrlct, Meridian Joint School District, snd Botee Slate University ~tTgrrrl OpportuMty/ AtNrmatlve Acdon l~mployer Prineed on Recycled Psper NOU 06 '96 15 15 2083455279 PAGE.01 HUB OF TREASURE VALLEY ~ o N 1 ~ ~s R WILLIAM G. BERG, JR., Clty Clerk JAtiVICE L LASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E G LENN R. BENTLEY 33 EAST IDA,I30 MERIDIAN, IDAHO 83642 P & Z COMMIc. ION Phone (208) 888-4433 • FA.X (208) 8878 ~ ~ ~ ~ Public WorksBuilding DeparUnent (208) 887- an f7 ~ ~ ~HNSON, Chairman Lf Motor VehicleJDrivecs License (208) 888443 TIM HEPPER JIM SHEARER 0 C T ~~ ~ 1996 GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor NAMPA & MERIDIAN IRRIGATION DISTRICT 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 5. 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE:- 11/12/96 REQUEST:_Conditional Use Permit for anew/used R V sales/service facility BY: Zamzows Inc. LOCATION OF PROPERTY OR PROJECT: 203 E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C -GLENN BEI~lTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT ~~CE;vF MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ~ (. 3 ;~ ADA PLANNING ASSOCIATION ~ ~ ~ ~~ CENTRAL DISTRICT HEALTH t17'y (yt' ryr~Rlt:- .~ 1-~t ~AMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(i'rZELIM & PiNAL PLAT} BUREA'.! OF RECLAMATION(PRELIM & FINAL PLAT) CITY FfLES OTHER: YOUR CONCISE REMARKS: Nampa & Me r i d i an Irrigation District has no comment on the above referenced application. • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: December 10.1996 APPLICANT: ZAMZOWS AGENDA ITEM NUMBER: 8 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: , f/ CITY FIRE DEPT: ~1 /.~ CITY BUILDING DEPT: I ~ U MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: n ~~ ADA COUNTY HIGHWAY DISTRICT: ~ ~ Ir ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~~L `~ rQ~o~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission December 10, 1996 Page 12 ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR ANEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: Johnson: There were two copies made of this, copy 1 and copy 2. It is not a choice situation, it is copy 2 that we want to follow there, draft copy number 2. Any discussion regarding the findings of fact? Borup: Mr. Chairman, just one I think typographical error, page 3, item 12, I believe the individuals name is Keith Bradbury, instead of you is that what you are saying? Crookston: This would be a rarity but you can blame the attorney for that mistake. Johnson: Any other changes? What would you like to do? Shearer: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the city hereby adopts and approves these findings of fact and conclusions. Oslund: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Absent MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move that Meridian Planning and Zoning Commission hereby recommend approval of this conditional use permit request for the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property meet all of the City ordinances. Oslund: Second Johnson: Moved and seconded we pass the recommendation as read by Commissioner Shearer, discussion? Borup: Just one item, the applicant had requested the over flow parking to remain a gravel parking lot. Johnson: Is that the area to the west? • • Meridian Planning & Zoning Commission December 10, 1996 Page 13 Borup: Yes, is that something appropriate to discuss? Johnson: If you feel so, sure. Borup: Well I, Johnson: It would have been more appropriate to discuss it before we (inaudible) go ahead. Borup: Well before the findings it should have been. I am in agreement with their request, they are complying with sidewalk curb and gutter on both streets that they are adjoining and I think all has worked out with ACHD. Looking at the property in person it looks like at this point anyway that is what it is used for and their comment was they are not, 3 year lease and the expense of going through and paving a lot that may be (inaudible) further development made sense to me. Johnson: I have a question of the City Attorney, if this is an ordinance requirement i guess the question should be is this an ordinance requirement and if so it would have to be done by variance right? Crookston: It is an ordinance requirement that the parking lots be paved I would assume that then it becomes a question as to whether or not this is a parking lot. The way that I Shearer: (Inaudible) Crookston: I think if they are parking vehicles of any nature it is a parking lot. That has to be paved by ordinance. So it would, they would need to apply for a variance. Johnson: I have a question since you got into the semantics. Is this a parking lot used for their own displayed units, not parking for public, is there a difference there. Does the ordinance address the difference there? Crookston: The ordinance does not address the difference. Johnson: Do-you follow my questioning. Shearer. I have to agree with Keith, I think that we are overdoing it a bit. ff they were going to use it-all the time it would be different. Johnson: Well if it is your pleasure we can • Meridian Planning & Zoning Commission December 10, 1996 Page 14 Oslund: I have a question, they (inaudible) their application meets the minimum number of stalls, they are meeting their parking requirement, is that correct? Johnson: Public parking. Stiles: Commissioner Oslund, Commissioners, with what is there now I can't tell that they are meeting it. One third of the sales lot is to be designated for public parking. With what is shown and what I see there I can't tell. They have got things so jammed in there that you can't tell where their public parking is. Their intent in using the whole lot is to spread the units out so it is not so tight in there. I guess they have already had three or more accidents, damaging their RV's just moving them around. They would still need, if the Commissioners and Council decide that they do not want, that they will allow them to have the gravel parking they will still need to meet the paving requirements of Ada County Highway District for the accesses into the property. Oslund: But the attorney's opinion still stands that this is a requirement by ordinance so I don't believe P & Z can simply throw the requirement out. It is up to Council to give a variance if they see fit. Borup: Would it be up to the applicant to request a variance, formally request a variance. Johnson: Yes and the variance would be requested at the City Council. Borup: I think that answers my questions then, it puts it up to them on how they want to proceed how they want to. Shearer: You know fellahs, we, everybody that comes in here we seem to hit with all of these extras and extras and quite frankly what is going to happen in cases like this particular one when people realize what is happening they are going to come in they are not going to tell us they are going to use that for overflow. They are just going to tell them that they are going to use the regular parking lot. Then they will get it through and then they will use it for overflow even though they haven't told us. I know of cases in town today where these kinds of things are happening because we are, th my way of thinking not being reasonable with these people and the amount of money that they put into these things and still come out with a decent profit. Johnson: Well you may have a point and you may not. The fact is this body is pretty much bound by or is bound by the ordinance. Variances to the ordinances don't fall under our (inaudible) I think we have to do what we have to do. Shearer: That is true but they haven't said that they are going to use it for parking. • Meridian Planning & Zoning Commission December 10, 1996 Page 15 • Johnson: I have a question, it may have got lost here in the shuffle but Shari made reference to ACRD requirement that the entrances would have to be paved, were you referring to this western portion of the property? Stiles: Yes, the accesses they are proposing off of Meridian Road they will have to have those paved, I think it is a distance of 30 feet from the road right of way. Shearer: Is that in ACHD's stuff that they sent to us? Stiles: That is in their policy manual. Shearer: It is not in their stuff that they sent to us. Stiles: I would assume that it is a comment in there. Shearer: Well if it is we do it if it is not well then (inaudible) Stiles: Well it needs to be done anyway because of the problems it creates by dragging gravel back out onto the street. Shearer: Well I would assume that they would take that into account (inaudible) Johnson: Any further discussion, we have a motion and a second. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP.: Johnson: Any discussion regarding the findings of fact as prepared by our City Attorney for this applicant? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions. Borup: Second Johnson: Moved and seconded we approve the findings of fact and conclusions as prepared, roll call vote. • Meridian Planning & Zoning Commission November 12, 1996 Page 15 Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on this. Oslund: Second Johnson: We have a motion for the City Attorney to prepare findings of fact and conclusions of law on item 10, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We will review those December 10 and then it will go onto the City with the same procedure there will be another public hearing. ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A NEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: Johnson: I will now open the public hearing, is the applicant or his representative here, they are both here. Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Chairman and members of the Commission my name is Steve Bradbury as Mr. Crookston has already indicated and for those of you who don't know me and I guess it is only Mr. Borup who I haven't met in the past, I am an attorney. I have been asked to represent Zamzows in connection with this implication. What you have before you is an application actually to expand an existing conditional use permit for a new and used recreational vehicles sales and service fadlity that is presently located down tie on East First Street at the site of the old Meridian Ford property. So that you know, it has been a little confusing at least to some people about what part we are talking about The site we are talking about is bounded by East First Street on the east and by Meridian Road on the west and by Les Schwab Tires on the south. Then it goes up to where that residence is on the north that is on East First Street and stops there and goes back Apparently Meridian Ford used some other property which was behind that residence and further to the south. That property is not included in this application. The property that is in this application consists of about 3 acres more or Less, maybe a little more than that. It, what we are doing here or asking for is to expand the conditional use permit that was previously granted which consisted of I am going to say I am going to guess about an acres worth maybe a little more than that acre maybe an acre and a half. Now that original conditional use permit was filed bads in March and it was filed under the name Advantage Auto Sales, you probably remember that one. That was intended to be an automobile sates and truck and automobile sales lot. The hearing was held before this Board I guess in May, t wasn't • Meridian Planning & Zoning Commission November 12, 1996 Page 16 here at that time but then later got involved in the project. Of course then the project was ultimately approved subject to a number of conditions and it seems tome based upon what I have been able to gather the big issue seemed to be the landscaping requirements. So while the staff was working out the landscaping requirements with the owner of the property and the potential user, that user Advantage Auto jump ship, took off and gave up and went away. So Zamzows was sitting there with a conditional use permit without a tenant on its property it was intending to lease. So they got a hold of Tom Scott Automotive and last Summer filed and application with the City to transfer the existing conditional use permit to Tom Scott Automotive. That was approved by the Council, I believe it was about August 20 of this year. Then on a temporary or (End of Tape) it was made clear the intention was that Tom Scott would want to use the entire site and not just a portion of the site. Of course staff advised that a new conditional use permit would be necessary, that is what we are here to do. What we are asking this body to do is to approve the expanded conditional use permit basically in accordance with the same requirements which were imposed with respect to the original oanditional use permit except of course there are a couple of differences. The main one and most obvious one is probably the landscaping requirements. The landscaping requirements which were imposed before had to do with just the portion of the site which was going to be used. So now we are proposing to use a larger portion of the site and a new landscaping plan was necessary and in fact has been prepared and submitted and I am assuming that you all have copies of that plan. If you don't l have a couple of extra here. Mr. Zamzow hired Bill Strite to prepare the landscape plan. He drew it up and met with Shari Stiles who is not here at the moment to defend herself so we will say whatever we can think of. My understanding and I think Bill's understanding is that Shari had reviewed it and was satisfied with the proposal. That is what we intend to build assuming that the application is approved. The other thing of course that is different about this application than the previous one is that Ada County Highway District has required that ad~tional dedications and improvements be made. Before we were only talking about East J=ust Street frontage now we are talking about Meridian Road frontage as well. So the Highway District has imposed some additional dedication requirements and improvemenrts for that frontage. We have reviewed the ACRD requirements and they are all acceptable to the applicant. Except I guess one minor issue that has to do with the amount of the deposit they are asking to be put into their right of way trust fund. They calculated the deposit based upon 320 feet of frontage on that road, they only have about 260. We think we can work that out with the Highway District without too much trouble. I just wanted to point that one minor glitch out. Other than that the Highway District's requirements are generally acceptable. Johnson: Excuse me, you have no problem with the paving requirement? Bradbury: Are you talking about the interior of the site? • Meridian Planning & Zoning Commission November 12, 1996 Page 17 Johnson: Yes Bradbury: I will get to that, I am not quite there yet, I am almost there. As a matter of fact I think the next thing I am going to talk about is there. We have also reviewed the staff report which we received this morning and are generally in agreement with most of it. But it was a very nice segway, the graveled area section that staff has requested be paved we would like this body to consider waiving that requirement and the reason is this. The lease with Tom Scott Automotive is only a 3 year lease. We don't expect that property will be used long term for that use. I was talking to Rick earlier this evening and he tells me that he kind of expects that eventually there will be another use there and there may very well be a building placed in the location where this gravel area is or some part of the gravel area. His request to you is that you not require him to pave something that 3 years from now he may be digging up and putting a building over the top of. That site is intended to be used only for over flow parking in connection with the operation there. It had been used by Meridian Ford for the same purpose and my understanding is for however many years that they were on the site or that portion of the site and what we would like to be able to do is to continue a similar use for at least the term of the existing lease and then if the plans change we won't have to be digging out a bunch of expensive pavement. So that, with respect to the internal paving that is a concern. We also of course are aware of and a little bit concerned about the staff report's observation that there has been a lack of progress on the landscaping requirements under the originally issued conditional use permit. We certainly understand the City and City staff are a little bit concerned about that too. There is a reason why nothing appears to have happened on ground. There is a little bit more behind the scenes probably going on than is obvious. You need to remember that when Advantage Auto took oil on us and we went to Tom Scott and got Tom Scott involved at that point we knew they wanted to use the entire site. We had been advised that we were going to have to get a new conditional use permit for that and we knew that based upon that we were going to end up with additional landscaping requirements and additional ACRD right of way dedications and that we were going to be looking at preparing a completely revised or substantially remised site plan to deal with those issues. The hope was that we would be able to construct all of the improvements at one time rather than having to go in and do a little bit here and then after we get conditional use permit approval for the rest of the site assuming we did go bads and do the rest of it. So that was at least part of the problem, part of the problem was that we didn't want to jump out there and start building stuff and then have to go bads and rebuild or add on or fix or change depending on what you folks decided was a necessary requirement for the expanded conditional use permit. The second issue of course is that we had to go bads to the Highway District and find out what they were going to rec~aire. And of course wB had to higher the landscape architect or get him bads on the job and get him to come in and talk to Shari and see what it is that she was going to require or propose be required. Of course all of that took probably a little more time then any of us really expected. As a Meridian Planning & Zoning Commission November 12, 1996 Page 18 matter of fact we are still trying to get permits out of the Highway District to start the work. I spoke with Rick again earlier this evening and he tells me that he has gotten bids from Concrete Placing to start the work at least on the First Street frontage. If we can get the permits and all goes well construction should start in the next two weeks. Rick can tell you a little bit more of the details if this has been a worry for you. I guess what I would like to convey to you if nothing else is that the applicant I think is doing his best to try and comply with what it is the City would like to see out there. I vrill tell you something that I have told to the Mayor and I think Mr. Johnson was in this meeting, it has been a couple of months ago, one of the issues that has created some consternation for the applicant is whether or not and why he ought to be required to get a conditional use permit in the first place. Given that site was used as an automobile sales bt for years and years. That is that Meridian Ford was grandfathered. I have spoken a little bit with the City Attorney about the necessity of getting a conditional use permit and frankly we disagree. Mr. Crookston thinks that we should and I am not sure that legally it is required. All of that aside and in order to try and get along and to try and do what the City would like to have done the applicant has agreed let's try to get some approvals and let's try to build some of these things. That is where we are but I guess the bottom line is that the applicant would tike to do it with, as efficiently and economically as possible. With efficiency you sometimes get a little bit of delay. Johnson: (Inaudible) sharing that feeling with us? Bradbury: Well the reason I am sharing that feel~g with you is for two reasons, one because one of the requirements under the law is that. I make a record of any legal issues that might arise in connection with an application, so I am making a record. And second just to explain to you that even though legally there may be an argument as to whether or not the conditional use permit is required the appl"~cant is agreeing to go through the process. And we are here and we are not saying, the applicant is not saying I won't get a conditional use permit, I won't go through the process, and I am just going th do whatever I darn well please out there on the one hand. On the other hand the applicant is asking that you folks recognize that economically sane of the conditions that are sought to be imposed might be just a little bit too. harsh. I hope by saying that I haven't n~ned everything I said before. Johnson: Anything else? Bradbury: That is all I have, I would be pleased to answer any questions if you have any of me. Johnson: Any questions of the representative? • Meridian Planning & Zoning Commission November 12, 1996 Page 19 MacCoy: You said you have read the requirements that our staff has put together. I am interested in your understanding of the signage out there. Bradbury: I don't know what plans there are for signage, I understand as the staff report points out that if signs are intended then they need to be approved. Beyond that I can't answer or address the question. Maybe Mr. Zamzow would be better suited for that one. MacCoy: Okay, since you realize that we have a sign ordinance (inaudible) and get that approved. Since your statement that you are only going to be there 3 years or at least your client will be there 3 years I don't think (inaudible) big signs that we don't want to see big signs that light in the night and flash on and off and so on because we have had our fill of that situation. Bradbury: I understand what your concern is and I wish I could address them in more detail but I just don't know what the plans are. MacCoy: Now, the ADA which is your American Disability Act are you familiar with that? Bradbury: Sure MacCoy: We have asked for parking and signage on that property, that building as it presently stands doesn't have any access interior do you know what the inside of that building is going to be used for? Meaning are we required to have people that have wheelchair problems have to go in that building or is that going to be strictly maintenance operation in there? Bradbury: I don't know what speaf~c requirements under the ADA may be applicable to the building itself. MacCoy: Well if you use it for the public you are going to have to make it accessible is what the thing says. That is pretty short order. One of the things that was laid out in the staff report which I take exception to is it mentions repairing the broken cono>~e. Are you familiar with concrete~work, but you are better off going in and busting all of that out and putting in new concrete. I don't want to see a repaired concrete out there down on the main thoroughfare that we have because it just doesn't work in the first place We are always repairing it. It doesn't do your business any good and it doesn't do us any good as a City. I would like to see that be included in your material that the sidewalk if you are going to take it out your money ahead actually by taking the whole thing out and putting in a decent sidewalk and concrete effort. Site lighting which was spoken to as part of this is a real concern of ours. We understand you have to sell items but we also think that the people that live on the north side of the place deserve some recognition from the • Meridian Planning & Zoning Commission November 12, 1996 Page 20 standpoint we don't want to end up lighting their entire place up. So I would suggest that you have that as a criteria that you do low level lighting that doesn't blind the people that live next door. I had one more item here, I will pass, go ahead. Shearer: I don't have anything, I think everything is pretty well covered. Johnson: Commissioner Borup? Borup: The only question I had, I think from what I gathered from (inaudible) basically everything that staff prepared you are in agreement except for paving the over flow parking in the back. Bradbury: That is correct. That is really the only issue that is of any significance. It appears to me that except for the little bit of a glitch we have got with ACHD that is the only other thing we would have to work out. Johnson: Thank you very much, would Mr. Zamzow like to address the Commission at this time? Richard Zamzow, 11555 Thomas, Boise, was sworn by the City Attorney. Zamzow: I really don't, I think Steve covered the history thoroughly, !don't think I need to go over that again. This has been a real struggle for me, had I known it was going to be like it was I probably never bought the property in the first place. (inaudible) It is amazing to me, of course I deal with, I counted one day, I deal with 27 different government agencies and we all do that from the Department of Weights and Measures to OSHA, and it is questionable sometimes how ' would want to be in first of all or how they can stay in business. I think it is pretty tough sometimes. Nonetheless it is very expensive to facilitate everybody and very time consuming. Plus you have to run your business in the mean time and I am riot up here on my soap box but I am going (inaudible) I have had a renter here since February, I have had lots of rent since February and plus all the improvements that need done li know you guys don't have any real sorrow for the money that I am losing so on and so forth, but frankly it is tough. You have cash flow and you have to make ends meet and you have to work. So with that in mind what Steve is saying is hey we are bleeding, the bleeding has stopped the Mayor has been great, Shari has worked with us and they have helped us. We have an overflow, we were honest up front that gravel area we wanted to use as overflow. Tom Scott came aver here saying hey I want to be upfront with the City of Meridian to a fault. So that we don't have any problems with them down the line because we want to be good citizens and I don't want to lease this from you long term and make how many millions of dollars worth of equipment do they have there and make a commitment fake that and then having to find another location. ~ ~ Meridian Planning & Zoning Commission November 12, 1996 Page 21 Johnson: I will second that, I was at that meeting with Tom Scott and they were very up front about what their intentions were. Zamzow: Yes they were, so we said we want a little bit of overflow parking, needless to say if you are going to use that for overflow parking then you have to go to Ada County and have to do all of the landscaping improvements. Then you have the setbacks on the Meridian side then they require that landscaping there which is another $30,000 so now we have $60,000 worth of improvements plus loss of rent. So we are talking $100,000 worth, which you don't budget for. There is not a one of you that would have bought that property or anybody I asked would have ever thought I would have had to do what I am doing. I am sorry, I have never talked to anybody that would have thought that. It is not as if I just fell off the watermelon truck because we just finished a building down there and I know what the requirements are and I have no problem with the requirements. But I have a problem with expediting things, and I think I fell in the crack here somewhere. So anyway with that in mind I would hope that you are as considerate as possible so I don't have to throw another $30,000 of paving on there for over flow parking. (Inaudible) I have really kept my temper Jim. Johnson: I think you have done a very good job of that. I do, I understand exactly where you are coming from, I think we got off on the wrong foot on some issues. I hope you don't think that this commission has been obstructional an obstrtx:tionist at all because that is not our intent to do that. I realize things haven't moved along quite a quickly as they should have. I think however I think you people made some assumptions that weren't true and I can see why you made those assumptions but we have to follow what our ordinances are and what are requirements are and I know you understand that now. I think the recent meetings have all been positive and with the Mayor and I think going back to why we are doing what we are doing is an opportunity that the City has not had for a long period ol: time on that piece of property to make what we consider to be improvements to the entrance way to Meridian and that is why, it is an important piece of property to our image as a City. In the future this is probably our last opportunity at Least first and last for a bng time to make improvements there that fit with our present code. We are proceeding as though we are legally able to do that at this time. On the advice of our attorney and other things this is an opportunity for us to do that and I think you understand that. We are compassionate, some more than others obviously, but we want to move this along too as quickly as we-can. We also have to do it right and this is enough of my speech, but t am just responding to really your concerns because it is not as though we are up here trying to make things difficult for you. That is not what we are trying to do, at least we do not do that on this Commission I can tell you that. Zamzow: I know that it takes time, you meet once a month and then that goes two months and then it takes me a month to get the architect and then 1 have to go in front of Ada • ~ i Meridian Planning & Zoning Commission November 12, 1996 Page 22 County which is, I am telling you is a real tough duty. And then it has to go to the State of Idaho and then we have seven or eight people that have to sign off and it just takes time. It is my concem was my integrity with the Mayor that I told him I would get started as soon as possible and frankly I did. On the 15th I redid the drawings with Billy Ray Strite to fit the whole property and it took my renters almost 2 weeks to get signed off of all the agencies just the fire department, the planning and zoning, the sewer and underground waste people and so on and so forth. I have been, if f had dropped and quite running Zamzows and worked 100% of trying to get this renter I suppose I could have sped it up maybe a week or two. But I have a business to run and that is in between time. So that is real critical to me because I don't want to have any hard feelings with the Mayor or anybody else on this because I am doing business in this area and that was my biggest concem was in the staff report it showed, I kind of read between the lines there like there was some concern there and there shouldn't be. We will get it done, first and foremost they have a $24, 000 bond with me and then they have another one that the Ada County Highway District, another, so they double whammied me on bonds. In other words I did it twice, I did it with the City once and I had to do it with Ada County Highway District. (Inaudible) Are there any questions? Johnson: Any questions of Mr. Zamzow? Oslund: I just had a comment, that is that you talked about the cost of the improvements and I hope that they are not excessive but the only thing that I would add is that hopefully that as each owner out there adds their improvements that is going to improve the value of all of your properties and hopefully in the future you will have a property that is worth even more and even more desirable than it is now. I hope that money you spend you get returns on that. I think you will. Zamzow: I think we will long term, it is kind of hard to up front the cost when you didn't budget for it. Of course that happens every time you do a project. But usually not more than 10% this one has been substantially more than that. Nothing comes easy that is for sure. Johnson: Okay, this is a public hearing, is there anyone else that would like to address the Commission at this time? I will close the public hearing at this time. MacCoy: Mr Chairman, I move that we have the attorney prepare findings of fact and conclusions of law for this project. Shearer: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fad and • Meridian Planning & Zoning Commission November 12, 1996 Page 23 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: Johnson: I will now open this public hearing and invite the applicant or the applicant's representative to address the Commission. David Wiltsee, 3184 Elder Street, Boise, was sworn by the City Attorney. Wiltsee: Before 1 start I would like to say that my seat back is in mint con~tion, I did not attempt to destroy or mutilate the arm in any manner, if that could be held to my credit I would be most appreciative. Good evening, I am very happy to be able to deliver this proposal for a conditional use permit to you tonight. I represent Western PCS which is a corporation based in the Seattle area, and holding quite a number of FCC licenses to serve large portions of the west and mid-west. Almost exclusively with wireless telecommunication services ranging from conventional cellular to the type of system we are building here in southern Idaho right now which is a more advanced cellular type system called PCS. It is digital rather than analog in nature compared with the more conventional cellular. It has much more capability of supporting different kinds of devices and much more capacity. There was an interesting story on Channel 7 news tonight about a fellow who was setting up an independent web type site in Boise, he just aimed up to Table Rock mountain with a little antenna he has devised and he will then peddle his service to people so they can get on the intemet in a wireless way. Johnson: Cyber highway. Wiltsee: Yes, this kind of thing is coming. very rapidly, we don't see us being in competition so much with the more ca~ventional telephone companies and telecommunication companies as supplementing and providing a different Idnd of service than is available right now. In the area that wee are dealing now, essentially Ada County, Canyon County, and Payette and over into ("inaudible) Oregon will be putting about 35 telecommunications antenna sites. We started in August and we are probably going to complete our work in February or March hopefully and be able to have the system up and running. There after we will move over and deal with the rest of Idaho and hook into our system that extends down and includes the entiFe State of Utah. The particular facility that we are requesting a conditional use permit for ~ a monopole and I am sure you are familiar with a monopole that is over in a storage faality over here near the interstate h%ghway here in town. It would be similar, it is going to be located on Bower Street, it would be a little COMMENTS MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1996 APPLICANT: ZAMZOWS AGENDA ITEM NUMBER: 11 REQUEST; PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR ANEW/USED R V SALES AND SERVICE FACILITY 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" ~ ~ C ~~ SEE ATTACHED COMMENTS c~~~ u~~ ~ ~, ~P SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.