Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Meridian Automotive
f ~' ~~~ CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: Apri12, 2013 E IDIAN,- TO: John Nesmith A O FROM: Bill Parsons, Associate City Planner SUBJECT: Meridian Automotive -CZC-13-041; DES-13-038 OWNER: John Nesmith DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Nesmith, requests Certificate of Zoning Compliance (CZC) and administrative design review (DES) approval for the following: 1) construction of a new 715 square foot addition on the west side of the existing building and 2) an upgrade to the east and south facades. NOTE.• A conditional use permit modification was submitted concurrently and approved by the Director to allow the proposed building expansion. Except for the building addition, no other site or landscape improvements are proposed or approved with the subject application. The site is located at 505 N. Main Street. DECISION The applicant's request for CZC and DES are approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify submittal requirements. You must complete this process before you commence the use or construction. As part of the application submittal, you will need to provide one set of the final, stamped "approved" Planning Division plans, stamped and signed by the architect and/or civil engineer as applicable. You must provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set: Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 3. The site plan and landscape plan prepared by James Gipson, dated 03/08/13, labeled Sheet 1 is approved (stamped "approved" on 04/02/13 by the City of Meridian Planning Division) with the following comment: Conditions Document Meridian Automotive CZC & DES • The existing landscaping along the east side of the building must remain protected during construction or replaced if damaged during construction. 4. The elevations prepared by James Gipson, dated 03/08/13, labeled Sheet 2, are approved (stamped "approved" on 04/02/13 by the City of Meridian Planning Division) with no changes. 5. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 6. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 7. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 8. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CUP-02-004, CZC-04-072 and MCU-13-001). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 8. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the existing use (vehicle repair) as set forth in UDC 11-4-3-37. 9. The conditional use approval shall be null and void if the applicant fails to 1) acquire building permits and commence construction of the strucutre within two years as set forth in UDC 11-SB- 6F1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before April 17, 2013, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11- SA-6B. Conditions Document 2 Meridian Automotive CZC & DES If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until Apri12, 2014. EXHIBITS A. Vicinity Map B. Site Plan and Landscape Plan (dated: 03/08/13) C. Building Elevations (dated: 03/08/13) Conditions Document 3 Meridian Automotive CZC & DES A. Vicinity Map 711 -. r ~ ° ' ~ M a 713 713 T T ---o _,___.-.-- _ .._ N 703 ! 22 30 _ 703 706 n 22b a o W Broadway-Ave -- " __ __-.. 704 0~ ~ _ ,.~ E Broadway~e -' n h - 637 -._.. -.. _-- - . M ~ ~ M , n 133 , , 15 N N M ' ; 631 r ~ ! `r' - - _..__.. __ ' _ - 621 ~ ~ i - -- 622 625 629 - v ~ 415 632 u, v: _ 624 i '. ; 621 -- a ~O 6i5 --- 616 617 ' 622 ' 33 -- ~ _- - __._ - _~. ~ _ : ;; _ ~ ~ 606 604 ° 611 ~ 415 - , '^ d, 605 W Railroad 5t w ip __ -- _ ~ ---- - ~ 614 I ~, 502 - 517 2 ~ N ro N sz1 0 ^ W Bower St ~ _.. _. - ! ! + ___ _.. ..'C E BovverSt__... __--- 489 u+. ,. ~ -, ~..- -- -- _.._._. : - N N M [r !MV, N ~ O~ N~ ' m ^ Ill : ~[f I .434 , v .- .- ; v, ~ ~ P 7 :. N N N ~ ... i. _- 240 337 -. ~ _ _ -_ - `~_~ _ _'_. i 424 --- N ' d O 4i6 ~~, i N _ _ -- - ~! N a ~ :420 i Y m ~. ~ , ~p N O ~- N M 7 ~ 7 , O^ W i ~ '~ - 410 337 .. .-._ • A' 408 ! N N "' ° ^ da $t -._ f _ v -._ ;403 n _ -~ ; ; __ -- _. __._. _. .._ __., _.o 342 .. ~ ~ ~ ~ .~ .a _ __ _. __., M ~- ': M ~ \ en ', N M ~ ~ i = d. ,,., ~ W ~ N v im; M rn ~ N' rn ~ 330 8~ ~P ~,~ S M ~ 325 N N O N N ._..._. _ ;_ _..-- ' ---.: _._;. _ _ _ _..___ :, 319 i - :.. ._..._ orAve -- " __ - ~ w __ -- _ 0 M p M 'V o] O O O . 311',' ~ N O ~ N O o M 237 --_ _ __ __ - - - - 125 225 231 230 n ~ N ~' u, ,n 235 i N ~--~ - r o '_ ' N rv N N N 223 ~ Conditions Document 5 Meridian Automotive CZC & DES B. Site Plan and Landscape Plan (dated: 03/08/13) 'r~~~- '~ ~ ~ V ;: j- ' - -- ~.~ f'--'-- `----- i ~ ~ g~z.a. ,fro ..,,,.~..,, ( r ~ 8 ti_. µ ! ..,. g ~ ' 7 ~ _ -- ~ ~ ~ f Ear" ~ 3 ~-_. f ~ - ~- i ~ i 7 ,~ # - -- ~ - - _ Sou tai aut Pten -------- ;~ ~ ~ -f Vocvutu t1aG -~ - ~ - -- } •1 - _ - a! ,_ c~ _._ s ___ _L - -- -- - - -- -- e~ sTat~= -~ _ --f - _.__ ..__.. ____ .~. TsMecaoa wen-~---- - - k -~ a 2.~-,~ `~ `~'~ a.w e-~I Conditions Document 6 Meridian Automotive CZC & DES C. Building Elevations (dated: 03/08/131 .,- ...- __ _._ _- -_ - ~~~ - - - - _ .,.r _ - --~p Ys-n Conditions Document 7 Meridian Automotive CZC & DES M E IDIAN:--- Projectname• Meridian Automotive .File #:'/1,~~,'~~j' Applicantlagent• John Nesmith /James Gipson Planning Department - CONDITIONAL USE PERMIT MODIFICATION Application Checklist All applications aze required to contain one copy of the following: Applicant ~~~ Description Staff (~) Narrative fully describin the ro osed re uest Legal description of the subject property (I.oc, Block, and Subdivision name if located in a recorded subdivision OR a metes and bounds le al descri lion of the ro if not in a subdivision.) Recorded warran deed for the subject ro e Affidavit of Legal Interest signed & notarized by the property owner (lf owner is a corporation, submit a c of the Articles of into oration or other evidence to show that the on si is an authorized a ent.) Scaled vicini ma showin the location of the subject roe ~ A roved site lan that is ro osed to be modified Site lan showin ro osed modifications Fee Additional Re uirements for Administrative A royal (Minor Modification) Com leted and si ed Administrative Review A lication Additional Re uitements for Commission A royal Com leted and si ed Conunission & Council Review A lication Pie-application meeting riOteS (All applications that require a public hearing are required to conduct apre- a lication meetin with the Plannin De artment.) - /~ N NelghbOihOOd meeting Sign-in Sheet (Applicants aze required to hold a neighborhood meeting to provide an o ortuni for ublic review of the ro osed m'ect riot to the submittal of an a lication.) ~ / /~ /"/'~ Commitment of Pro erty Postin form si ed b the a licanda ent Electronic version of the approved site plan and site plan with proposed modifications in pdf format on a disk with the files named with project name & plan type (i.e. approved site lan, modified site lan). The Director may approve or deny specified minor modifications, provided such modifications were not the subject of review during the original public hearing and wild not adversely impact adjacent properties (see UDC 11-SB- 6G2). All other modifications shall be considered by the Planning and Zoning Commission at a public hearing. APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE (NOR WILL A PUBLIC HEARING BE SET) UNTIL STAFF HAS RECENED ALL REQUIRED INFORMATION. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 11/4/08) ,•. .. E IDI~-.N---- Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: Meridian Automotive 'File #:-GZG-/3 ~~~) Applicant/agent: John Nesmith /James Gipson All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff (~) Description vi Com leted & si ed Administrative Review A lication Narrative fully describing the proposed use of the property, including the following: - Information on any previous approvals or requirements for the requested use (i.e., a licable conditions of royal or Develo ment A Bement) Recorded warran deed for the sub'ect ro erty -1<' Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation, ~' submit a co of the Articles of Inco oration or other evidence to show that the erson si in is an authorized east. Written confirmation that a traffic impact study or change of use is not required and/or has I been submitted for review to ACRD. Please contact Mindy Wallace at 387-6178 or Christy , Little at 387-6144 for more information. ~ Scaled vicini ma showin the location of the sub'ect ro e Civil Site/Dimension Plan - 1 full size co (folded to 8 '/z" x 11" size) A photometric test report for any light fixture(s) with a maximum output of 1,8001umens ~ r~ or more (see UDC 11-3A-11) Co of the recorded lat the roe lies within (8 '/z" x 11 ") Address verification letter from Develo ment Services (887-2211) Site Plan-*Online submittals will re uire a Dimensioned site lan Site Plan-* 1 copy (folded to 8 ''h" x 11" size) The followin items must be shown on the site lan: • Date, scale, north arrow, and ro'ect name (scale not less than 1"=50') • Names, addresses, and telephone numbers of the developer and the person and/or firm re arias the lan • Parkin stalls and drive aisles • Trash enclosure(s) location • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized;rrigation can only be waived if ou rove no water ri hts exist to sub~ect ro e • Sidewalks or athwa s (proposed and existing) • Location of ro osed buildin on lot (include dimensions to property lines) • Fencin (proposed and existing) • Calculations table including the following: Number of parking stalls required & provided (specify handicap & compact stalls) - Building size (sq. ft.) - Lot size (sq. ft.) - Setbacks - Zonin district • Reduction of the site lan (8 'h" x 11") Landscape plan - * 1 copy (folded to 8 '/z" x 11" size) Plan must have a scale no smaller than 1 " = 50' (1 " = 20' is preferred) and be on a standard drawing sheet, not to exceed 36" x 48" (24" z 36" is preferred). A plan which cannot be drawn in its entire on a sin le sheet must be drawn with a ro riate match lines on two or more sheets. ` f 'G° "~ ~~ 6 ~~ "~' i~ T~~~ ~ ~~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org The followin items must be included on the landsca a lan: • Date, scale, north arrow, and ro'ect name • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the lan • Stamp/signature of a landscape architect, landscape designer, or qualified nurse an re arin the lan • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lains, hi h oundwater areas, and rock outcro in s • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be rotected from lama a durin construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, si s, street furniture, and other man-made elements • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one-foot contours • Si t Trian les as defined in 11-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for lant materials shall reflect a roximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for s acin , stakin ,and installation as a ro riate) • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: - Width of street buffers, lineal feet of street frontage, and number of street trees - Residential subdivision trees - Acreage dedicated for common open space - Number of trees provided on common lot(s) - Miti ation for removal of existin trees • Planting and installation details as necessary to ensure conformance with all re uired standards • Desi drawin (s) of all fencin ro osed for screenin oses Reduction of the landsca e lan (8 'h" x 11 ") -~~1 Buildin elevations showin construction materials - * 1 co (folded to 8 ''/z" x 11" size) Reduction of the elevations (8 ''h" x 11 ") Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, ,~ landsca a lan, elevations, etc.). We encoura a ou to submit at least one color version. If applying for approval of a public school, provide additional information as required by ,1~ the Public School Facili su lemental checklist er §67-6519 N Fee (If this ro'ect had rior a royal on a site lan, reduced fees may a 1 ) *Once an application is accepted, staff will contact you to let you know how many additional copies of plans are required. All plans are required to be olded to 8 '/z " x 11 "size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if arty, shall be paid prior to the issuance of a building permit. If arty changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06/02/2011) E IDIAN,,--- Planning Department DESIGN REVIEW ^ Application Checklist Pro'ectname: Meridian Automotive 'Concurrent File#: IIVS~~~'~ A licanda ent: John Nesnith /James Gipson All applications are required to contain one copy of the following: Apps) ant Description ~~ff Completed and signed Administrative Review Application (If also submitting a concurrent application for Conditional Use Permit, design review will be processed along with that application. Therefore, an Administrative Review application is not necessary in this case; just check the Design Review box on Commission & Council Review Application and submit the information below.) Completed Design Manual Compliance Checklists (B. Urban Design Guidelines; C. Urban/Suburban Design Guidelines; D. Suburban Design Guidelines; E. Residential Desi n Guidelines) as a livable. Provide in a narrative letter, how the proposal addresses guidelines contained in the Meridian Design Manual and UDC 11-3A-19: 1. Architectural Chazacter: a. Facades. b. Primary entrance(s). c. Roof lines. d. Pattern variations. £ Mechanical equipment. 2. Materials. 3. Pazking Lots 4. Pedestrian walkwa sand facilities. A complete set of scaled plans including building elevations, with building materials, colors and textures s ecified and site laps. Reductions of the elevations (81/z" x 11") Fee All requests for design review approval must meet the procedures set forth in UDC 11-5 and the criteria set forth in the "Meridian Design Manual", as applicable. APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 07/202011) S l E IDIAN:--- ~1~A1 .Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Accessory Use ^ Alternative Compliance Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification (b~onditional Use Permit Minor Modification ~esign Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other STAFF USE ONLY: File number(s): `~ ~~' it ~ - ~~ ' ~%z"} ~ ; Project name: Pr/' l o~+G•~- ~u~ay~w~'i/~. Date 'filed: ,~J~«-'~ ~ Date com-p~lete:7l' ~~~~'1 Assigned Planner: p~`~( (` G ~~ ~ ~~~'>`~~ Related files:.. G C~T -^o ~ "'~~ Applicant Information Applicant name: John Nesmith Phone: 888-3797 Applicant address: 505 N Main St.,Meridian, IDZip: 83642 E-mail: larthur@meridian auotcare.: Applicant's interest in property: G1~Own ^ Rent ^ Optioned ' ^ Other com Owner name: John Nesmith Owner address: 505 N Main St. , Meridian, I D Agent name (e.g., architect, engineer, developer, representative): Firm name: James Gipson Architect Address: P O Box 219, Eagle, I D Phone: 888-3797 Fax: Zip: 83642 E-mail: larthur@meridianautocare. com James Gipson Phone: 939-0236 Fes: 939-0211 Zip: 83616 E-mail: Jgarch@bitsmart. net Primary contact is: ^ Applicant ^ Owner C~ Agent ^ Other Contact name: James Gipson Phone: 939-0236 Fax: 939-0211 Contact address: P O Box 219, Eaclle, I D Zip: 83616 E-mail: Igarch@bitsmart. net Subject Property Information Location/streetaddress: 505 North Main Street, Meridian, ID 83642 Assessor's parcel number(s): 81039000315 Township, range, section: 3 N 1 E 07 Total acreage: 0.7 60 Current land use: Auto/machine repair Current zoning district: O-T 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) Project Description ProjectJsubdivisionname: Meridian Automotive General description of proposed project/request: Expand existing shed addition at rear (West) of main building Proposed zoning district(s): O-T (No changel Acres of each zone proposed: 0.760 Type of use proposed (check all that apply): ^ Residential f~(Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Bike parking, landscape, new fence Who will own & maintain the pressurized irrigation system in this development? Owner Which irrigation district does this property lie within? Nampa Meridian Irrigation Dist . Primary irrigation source: City water Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): NO change Residential Project Summary (if applicable) N /A Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum properly size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): - Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Mnlti-family Non-residential Project Summary (if applicable) Number of building lots: 1 Other lots: ' U- Gross floor area proposed: 715 Existing (if applicable): ~~~~ sf Hours of operation (days and hours): M-S 7AM-6PM Building height: 20' (Existing) Percentage of site/project devoted to the following: Landscaping: 9 o Building: 26 $ Paving: 65 $ Total number of employees: 15 Maximum number of employees at anyone time: 12 Number and ages of students/children (if applicable): N / A Seating capacity: Total number of parking spaces provided: 80 Number of compact spaces provided: -0- Authorization Print applicant name: John Nesnith rs ~jl(J~jpr Applicant signature: Date: ~ ~ ~Z' ~~ 33 E. Broadw Ave ,Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 .1AMES C~IPSO1`I, ARCHITECT CONDITIONAL USE NARRATIVE February 4, 2013 Meridian City Planning Department City of Meridian 33 East Broadway Avenue, Suite 210 Meridian, ID 83642 Greetings, Meridian Planning CU 02-004 Modification JGA Project No. 1251 Meridian Automotive 2012 Meridian, ID . This will explain our request for modification of this existing Conditional Use Permit (CU 02-004). The modification consists of construction a minor addition to the rear (West) side of the existing Meridian Automotive building. The proposed addition is to be single story, approximately 715 sf. in area, and of construction similar to the existing structures on the site. The exterior will be "Hardi- board" horizontal siding with hardiboard trim. The roof will be metal, light gray. The existing fence along Bower Street will be replaced with a six foot (6'-0") high screening fence with a gate. The proposed addition is to be used for storage and minor work area. The use of the site is to remain an automotive and machine service and repair facility, and this addition will provide enclosure for some elements which are currently outside. We believe the proposed minor addition is in harmony with the existing conditional use permit, and no substantial change in use or character is proposed. Please note that a modification to the front (East) wall is also proposed. Since this does not involve any addition to the existing building (only a new facade, entry door, and sign/canopy), this requires no modification of the existing CU. We respectfully request approval of this modification to the Conditional use permit, and thank you for your consideration. With best regards, JAMES GIPSON ARCHITEC P O BOX 219 3398 WINDMILL DRIVE EAGLE, ID 83616 SANTA CLARA, UT 84765 PHONE 208-939-0236 FAx 208-939-0211 ~1AMES C~IPSOItii, ARCHITECT DESIGN REVIEW NARRATIVE March 4, 2013 Meridian City Planning Department City of Meridian 33 East Broadway Avenue, Suite 210 Meridian, ID 83642 Greetings, Meridian Planning JGA Project No. 1251 Meridian Automotive 2012 Meridian, ID This will explain our request for Design Review approval to modify the existing East (front) facade and expand the existing shed addition at the West (rear) of the existing building, located at 505 North Main Street, meridian, Idaho 83642. The front (East, facing Main Street) facade will be modified as shown by the accompanying drawings. A screen wall with doors and windows will be constructed, and anew entry sign and canopy will be added. The colors will be as illustrated in the colored drawing of the proposed project. No increase in building area is proposed in this portion of the work. The architectural character of the facade will be enhanced, from the original metal "Quanset hut" form to a more conventional building appearance. A more substantial entry statement will be created, with a new door, windows, and the entry sign canopy. The major roofline will remain unchanged, but the proposed facade and sign/canopy will relieve the existing single roofline of the curved building, and provide a sense of pattern variation. No change to mechanical equipment is proposed, with no equipment being visible from the street. Materials will be stucco and metal, in the colors illustrated. The standard red and blue ACDelco colors will be used, with a light tan stucco color. Parking will remain unchanged, as will the existing pedestrian walkways. The new entry area will greatly enhance the pedestrian approach to the building, with an area covered by the canopy. P O Box 219 3398 WINDMILL DRIVE EAGLE, ID 83616 SANTA CLARA, UT 84765 PF--ONE 208-939-0236 FAx 208-939-0211 The proposed reaz addition is to be single story, approximately 715 sf. in azea, and of construction similaz to the existing structures on the site. The exterior will be "Hardi- boazd" horizontal siding with hazdiboazd trim. The roof will be metal, light gray. The existing fence along Bower Street will be replaced with a six foot (6'-0") high screening fence with a gate. The proposed addition is to be used for storage and minor work area. The reaz addition will not change the architectural character of the facility, but will enhance the appeazance by screening elements which aze currently outside. The proposed new fence will also help in this respect. The facade (facing Bower Street) will be of "hazdi-boazd siding and trim, painted to match the light tan color of the front (East) facade. No new entrance is proposed towazd Bower Street. The roofline will be a continuation ("plane in") of the existing rear shed construction. The basic building form remains unchanged, except that the proposed rear addition brings the form closer to Bower Street. The pazking and pedestrian elements are indicated in the comments regazding the front (East facing) portion of the project. The use of the site is to remain (automotive and machine service), and this addition will provide enclosure for some elements which are currently outside, thus creating a neater appearance. We believe the proposed work is in harmony with the Design Review intent, and will enhance the appearance of the existing facility, to better comply with current requirements. We respectfully request approval of this Design Review, and thank you for your consideration. With best regards, JAMES GIPSON ARCHITECT 2 f ~~~ ~ CORDED - REQUEST OF ADA COUNTY RECORDER r ~~ Y J.DAVIO ~pVARRO .. s, . +,„;. E'415y IDAH(1 x~.D7G ~,.. a " . ~.. 1001AUQ1 Pn D~ f 0 10~7~55 FOR VALUE RECEIVED, Steven M. Nesmith and Kay A. Nesmith, husband a~ wife, whose current address is 4644 W. Kura Road, Kuna, Idaho 83684 ("Grantor") hereby CONVEYS, Rt%T,RACRC~ REA4ISF.S, ,~ gOREVER QUITCLAIMS to JS Setxrrities, L.L.C., an Idaho limited liability company, with its pri~ipal office at 505 E.1` Street, Meridian, Idaho 83642 ("Grantee") the real property located is Ada County, State of Idaho a~ farther descn'bed on Exhibit A attached ("Real Property"), together with the appurtenances to the Real Property. GRANTORS Dated: Iuly !, 2001 H. Nesmith Dated: ]uly 1.2001 ~~., ,~ Kay A esmith ,r,,,, , ~'-; ~;: QUITCLAIM DEED - 1 ;: .- F .s~'. f h ~ p~~' } ix r.; '~' S _' ~ t .. s~',~ . i _ a ~f' ~ey~ _ .. ,...,,i .,;. ~ ~~.. . ,. ',f ... '•.~';.. fgtT"pl.Sti#~f~~;`-~ ~' ~6.JYi~r: ~' ,,",, ~r~.. _. ' ~, ~, ~` STATE OF IDAHO) ,,,• ~ ss County of Ada ) OII this i `r day of July, 2001, before me, a ttotary public in aad for the State of Idaho, personally appeared Steven M. Nesmith and Kay A. Nesmith, lmown or identified to the to be the persons whose games are subscribed to the within instrument aad acltnowledged to ~ that they executed the same. ~ ~ ^~~ ; ur ~t 0 p ~~ ~ ~ ~ Notary Public for Idaho w- w . m S ~ • O ~ ~ ~ L Residing ai Boise, Idaho trOIDmlaalnII Ezpires: /e ~3e /e2 abti.y ~~P~' ..... '''•ti~'~aox ~ S•° w ,:. ,. QUITCLAIM DEED - 2 ~' ~=:; r i {' ~. fig.'.,. ._ ~,+ - '~5~.. ,..-~~t~. .~ }.[ -y+~~ppcp~~~~ - .- .. f G 3 T-~ .. oA- x. 'M1V• t~ z ,d i Ief'3~t'S~M1'~~ ~'~ M1'3Rv... _ ~'1 F (, ' • ~ ~ 1 3% ., w ~.. , __,. 1 E7~IT A ,"`^ V REAL PROPERTY ~~ `~ Lot 7 and the E'fi of Lot 8 in Block 2 of BOWERS ADDITION TO 1KIItIDIAN, according to the plat thereof filed in Book 2 of Plats at page 62, records of Ada County, Idaho. j*,;,, ~; ~ ~_.;; ~:_ f ~, -, ~~ p`.'i~ ~ A # ' i ti ~~.: ~ ( _ Ar~ f q ' ` t tyy JI .~ 4 ` ~G~_ , y G: t' ... ~ !: ~ y ~ ~ )~y~ ;. - = ~3-F ~ d~~k xL 1} f~ia }n i~- ~.. !< +r i.:. ~ - ilk ?~. .-Ic s.pc?,l,t`~~ t !-. t _ ~ '..1fLT ~P ~.~!,~' M!'°'~ - .!. s! r. fi t`S'4+4Q•[~9}Y.4' . 5 ~. .~ ..~ _- ~t. a. q 1 'l~•. ~~. i< :P j. ;, (~~ v ;z~ ~?.; k:• ~:'. ,r:., r;: "....: ~` ~~~ ~ ~.: ~ w' .,;~- s' ~. `'-s": ~, D • II)~tECORDED-REOUEST OF {~ ADA COUNTY RECORDER t. lI D~ J.OA410NAVARRO ~JO'S~FEE~DEPUTYar~~~r/~iZ gr,ISC, IOn!!0 coRPO~T~QT~Tl',r~Dit.F.D 1 0 1 0 7 7 6 5 6 aoo! A-u.- ~ Prn 1. Convevanee of Real Pronerty. For value received, Meridian Automotive & Machine, Inc., an Idaho corporation, with its principal office at 505 E. 1° Street, Meridian, Idaho 83642 (°Graator7 hereby GRANTS, BARGAINS, SELIS, AND CONVEYS to IS Securities, L.L.C., an Idaho limited liability company, with its principal office at 505 E. 1° Street, Meridian, Idaho 83642 ('Grantee's the real property located in Ada County, Stau of Idaho and further described on Exhibit A attached ('Real Property°). together with the appurtenances to the Real Property. 2. Cetti6catlon of Authorization. The officer who signs this Deed certifies that the Deed sad the transfer represented by the Deed were daly authorized by the Board of Directors in accordance with the Bylaws std Articles of the Grantor and the laws applicable to the Gtnmor. GRANTOR Dated_Iuly 1,2001 MERIDIANAUTOMOTIVE & CffiNIt., INC. H. Nesmit~hyJP~resident sy: ~ `i7~y Steven M. Nesmith, Sectetazy CORPORATE QUITCLAIM DEID - I F s~:,.- F Y ~, i ul `v3,Ce. -. .. t - .. .. ~ ~ ~ ~ r ~:. ~ ~ . 1 i~ 1 e. 3t~ ^'i i., _ 6,,. `r `- .. , ~~e~~oF__ ~ k4 ~_ X'f y'. - .. ~{~g,3~ ,. y, ,y, ~ ,,.y z; ~ . ~: SPATE OF IDAHO ) s, County of Ada ) Qn this i`}day of July, 2001, before tne, a notary public in and for the Stare of Idaho, persona[y appeared John A. Nesmith, ]mown or identifitd to the to be the president of Meridian Automotive & Machine, hrc., the corporation that executed the instrument or the person who executed the instrumeffi on behalf of said corporation, and aclmowledged to me that such corporation executed the saw. F':_: ss County of Ada ) On this i `hday of July, 2001, before me, a notary public in and for the State of Idaho, personally appeared Steven M. Nesmith, lowwa or identified to me to be the Secretary of Meridian Automotive & Machine, Imo., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acffiowledged to me that such corporation execued the saw. SPATE OF IDAHO) '•.•,~ $On~*..o ~~~pRTH * °a1 :o d ; a~ '~A~~rS' Public for Idaho ~ ~ ~ ~ 1 a L ~ ~.esiding at Boise, Idaho 3{ O I J j~ ~Omm1a310n Expttes: i e ~3 • ~e3 `'s.'L, 4~ ~W~ ?# y'- ,'_ '~~s ~v, ~:~:, ~. ~.,. 3, ~pgTIi ~c '~ ~. 0 1 ~ r~ a s ~ 4 fwd 4•~~~sox ~, ~. CORPORATE QUITCLAIM DEED - 2 K' •_=: ~~= i, Notary Public for Idaho Residing at Boise, Idaho COmIDlasiOII Expires: Ie ~3e ~e,j ' 4 . ,. ~w S: )(1+F~{,[kL ..-i 'YES`^k',` ~t~.T~ta f tl~c' ~ -. ~i.... Rl ~ :YGFPt '~ ~ .wt~ '1'r{T. ~.. Jid!II' '~ T ~ ko~ e1Y~'~~~i+~ .. :,!~'a Sf ,r Wit] _ _. n ~~ ~ .-ti, ;; i. l'~C. Tr pu r ¢'. ~ ~ ~ ~~~v ~. y..;_.. .. ~`' ~w#n `.t ~. ~'- ~_ ;;. ,;~ EXIi~IT A REAL PROPERTY The real property located at 505 B.1` Sueet, Meridian, Idaho 83642, and legally desrn'bed as follows: LOTS i AND 2 OF BLOCK 3, BOWERS ADDITION TO MERIDIAN, IN ADA COUNTY, STATE OF IDAHO, AS FILED IN BOOK 2 OF PLATS AT PAGE 62, AND AN ACREAGE TRACT DESCRIBID BY MET4ES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF SAID BLOCK 3 OF BOWERS ADDITION TO MERIDIAN; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 150 FBET TO A POINT ON THE NORTH SIDE OF BOWERS STREET; THENCE NORTH 89 17' WEST ALONG THE NORTH LINE OF BOWERS STREET 165 FEET, TO AN IRON PIN; THENCE NORTH 150 FEET TO A POINT ON THE SOUTH BOUNDARY OF THE RIGHT OF WAY OF THE UPRR; THENCE SOUTH 8917' EASE 165 FEET TO THE PLACE OF BEGINNING. ~=~•~ G x .• ,. ,.- ,~ ~. :, .~ `. `;. rwi.A -. - , ~ e .~~ k .Jp. '.. Y .. '.~{ q~ g 3~3~~',rl S ~ ~~~., y ..Al- - .,.T ~.r r F~ ~ a l ~''T'+~~'Mr ~' j~",~ e: ~ y?+a~i4 ,t' ~ ~' i'.~-a _`~/~ua if ~ r 1~ia }~ ~ f~¢tTF _ _ , :F ?~+:~ ,`5 ~~.``t~~ ~ 0~' ~;, ,; ;' - ~: z'' " i << 'vt of si s:; s -.;;: .; >- ~`:' . ;~ .:: ~,, f~ Legal Description April 4, 2001 Project No. 0104 Maidiaa Automotive Variance Application A parcel, of lead located in Sec~on 7, Township 3 North, Range 1 East, Boise Meridian, in Metidisa, Ada County, Idaho, more particularly descnbed as fellows Beginning at the Northeast corer ofParcd No. 0315 of Lot 1, Block 3, Meridian Bowers Addition to Meridian, Ada County, Idaho, the REAL POINT OF BEGINDIIAiG; Thence North 65.00 feet to a poinK Thence West 400.00 feet to a poi Thence South 65.00 fed to a point ~ the North boundary a~f said Bk~clc 3, Meridian Bowers Addition to Meridieq Idaho; Thence East 400.00 fed to the REAL POINT OF BP.C:IIcIIdING. Page - I .,~ , i- ~,,,,;. .. y~'S ~:` _v'~: `~.~ n Cede -!'f Vii.. 4' ~.:. c .t~~. ~ sit e°l ~,,, .,r ti ..r.3f~:. ~ ?r.. , ;. _. ~~~~. =FO. , _ w.-.ter x ~ ~ t ~ ?... ~ ,.7.y J . -e v. f.f art' . -~M' - .~jt.. 7` t.ra. '.:'~ . .~z ~:, _:, ~, , r, ;.~{ ~. >; ,. - ~~ :. ~~, ~~~ ~ .: ~; erF~ >s p, ~ s' i,. _ '_>: ,;:: t.~A' ~_~~ _ ~ r[... r. .. R+"' ?. • . ~ .. Via. _ h. , . ~ ~ . F •l , ~ a. T' €~. x {, ~ a ~ F .: aq<rgi .. x `??S~t~:si ~`' Vii, ~ ~~;~~. ,s~M~ ~ - 'tom' ~ ., ~ .. - ' J. 4 - r a r - ~ ~-'F'~~,.g. `. y. t. . ,` W 4.: ~~ Y ~.;" ~.~~. f~ Vic.; :: ~~ 1F: _ Y'~~ 7", ~~~. ?.' ~' 1a~ `1. :k ~,; n ~~:, ,~ i„? __ ,~- V._ , . rmi. ,vVUa,F N.11lfliiK i fF11J111! rlei'f1.1. : Q@,uil1N! l1R li dM '!.' '~`/'r l)r8Dar111LTf (. 'V TMeSCQDOF TFierdT, Yasfala O7 dqd Jasury d0 t7 !lE7WELRi IOmSDLII tl1T01IDIiR 6 118CIRR, 11fC. , Alf IOAID P.00<r~ATI08 ,~. aana0afao fllWRC1~ YMnaaadenaaa fOf 6, 1st fRWt, tlazidl~a, ID U662 PIO[s®17IflA° COIFM7Y OF AOA fbUNiY, m dda tnfpanfbll Irnb eeld TRUS7P,~ rasa asdtaw a ftf w.terR,~.bLeofefOZfelO aoYCa s. fAAfcE, s fncls raaor, n.rl+oras06eACNM4wlwwfsenra slop eaftcwr am !slue, tolss, m e7so-('- vmf nlAr psalm aa.a hwaby kwe.dr aAwt sAle+AS~, ~. Aw fbNVEY w TRtt67F! w llafeti 1VIM POIyf3t Cf fir, tae popsy a tlu Cautl d Aea . 8uY d )fra ~~ rtlaw~ ass m+a6~+pnoe men ens wb~ sfs AtrAaem s~ls v, sae sv zees ranecfos ttoaees A rats r>sml-. Ae, seta ss rweassf>a ass tl) reas. 3301696 ,- - ., ~. DAVlD NAVAARO/~ flECORDER Bpa/ dr- £ - '93 dIN1 8 ~PP17Y 12 *osn®eaeneraw.a~..er ba'ef.fuels:r.IDNfVQ4bMSyape'rrrwepfr>.1.1d•erree..a qe iwaa*yb r4 W r ~yYh ~~ lore r pleHti ~'~"'l~im"~'~"'nie~'r'"~sr" •8~i~e"em ""'"eZ.,." ~ "ru°a`o.i~'oe i ar .rr.r~r.~i=.°wrsaa.rd "i+o~c~t airpmyor,rriraaa aaararnwr~ wninrl~a .r~rr~s~a. ~.r~ihra~rrryruor nw FwWe wrr4a~rrar rrrrMr rfrerarrewa~.,~.roanga~aasf-Yiwesair~~aaeaara a~iaarwrfar~_rrrrr OfMD~al T. ,. ~ ) .~`' . ..'f.:{•T.:eatBl~~ , ~*" ~` # hit . ~, ~~ ._ ~ ~f+' ~ ~ ~° ~.. .: y., T ,... ~ 2 ~ ~ i a , a..i. - q. yrc~; I}4E,y M1. .... c~ ~~y x -+y.~~x YT Y~.F~` .rl ~' . i 4 rF~ _ , ~. ~ t.~ I ' J.. I A~fi W, ~;, ~`. :;~ti~; e <, -. t ~_ ~: `~: b ;- ":i,r:;';~, *~. . ~ :., ., R ~~ ~~ • ~o~~.,__ ~r~°~'~ary.~a r~~uyyge~4io~ir.*!Wa~Mas•'.u4r ~'W'yc ~~ nR ` y~s ~a°~"gParry.~ar dMr"°'~a'~+ri"'h`y~~°~ mac. ""tir..e.,,,arr "~... __~_~ ~~Ca~,r_~. . A~ ~~~a~ ~ ~ ~ ~s '~ ro f~ 1. p.., .Sat!}! rS~ i~ 'l~.itll. ~y~ -,,,; ' -cttl,Q ~ ... •'.R~~ ~~ T; ~'a++eu'~,~, a:. ~*4as~.'M4 ~~°~y m '~ ~, nM„r°'Qdaoae aaoo~ w. i,<i_ _ ' tr:, 4 . ~r .:r, .. is l icv <`a` ~l~'~jii~~f ~ ~ ^~~'A9s -xjcksi" ' ~ _ ~y 3~~~ `~1'a~[{'1 i^' ray ~ ~ ~~~~- f~, ~.~ .-. ~ ~! , • }~ :L ~ ~. -~ y ~rt.~.. . a b .tl ~i ~: r ~= .~' °~;; := pry: ~s: ,~'. ,;~. t- ~' ~,~- ~> ;;;,~<ro ~~ ..;~: . ~:~:. .; . ,; ~ _`_ E IDIAN~- ~~ 1DAH0 v nor FORM PW10~ WyorArmrydeYl4ud ~~ ~~ ~r1._-.~ aa~: ~/z~/zoos The Aolowing properly has been resear~d~ed by The C]4y of Fbidbu~ PUbHc Wbrks 1) The address t~ been ver~led as Isted. 2? Ftuidpal rraaer and slaver tras also bean aordkrned. ,.. ~ ~ q~ y ~~ ~ 11 .1~, H ,~, ~~ ~ ' S[? ~ t'F X47 a5.~}+^d- t-~ b ~~. yj ::i ~ ~ (. ~~ _ i ~ ~ +q. gyp- „~!ng.~ an S9..1]R~1'~ {~Y_~i 'G~ i. ~er ~:, q+~g, , ,ty i~.sd~. ~ - _ _ " ?~. a h. ~;~ f v- . ~, n ppip s'u~d'~f~T~. ~ _, . ~ L."wK?F , . . ...e{~~' ~,CT'..~ . ~ ~ ~~ ~: AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I John Nesmith (name) Meridian , (city) 505 North Main Street (address) Idaho (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: James Gipson (name) P O Box 219, Eagle, ID 83616 (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ~~ ~ day of , 20 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. (Notary Public for Idaho) 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06/02/2011) Residin at: ~/~~ ~~~~-- ~~ ~ , ~~ a .~ ~~ 2 9~ v• r o .cn ~ ay ; a O ~~ .,~ .b~s~~ 1VIy Commission Expires: ~ " ~~ °~ ~-~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06/02/2011) 3/8/13 Bitsm~t Mail -Meridian Autornoti~, JGA # 1251 BI RT iet t ices ~- Meridian Automotive, JGA # 1251 Webmail jgarch <jgarch@bitsmart.net> Fri, Mar 8, 2013 at 11:30 AM To: clittle@achdidaho.org, Burton264@gmail.com Greetings Christy ! 1 am referred to you with our request - we are making CZC, DR, 8~ CU application to Meridian City & they are asking for "written confirmation" that a traffic study or change of use is not required and/or has been submitted to ACRD, before Meridian will accept the applications. Can you provide us with something that will sufnce, so we can get the CZC # from Meridian to make the ACHD application ?Address is 505 North Main Street, Meridian, ID 83642, business is Meridian Automotive (no change proposed), and the request is to enclose a small existing storage/worlc area at the rear of the existing building - no change to access, or work in ACHD R/W. We need this soon as convenient -thanks much ! Any question please call me -James at 939-0236. Best always, James Gipson Architect Christy Little <Clittle@achdidaho.org> Fri, Mar 8, 2013 at 11:39 AM To: Webmail jgarch <jgarch@bitsmart.net>, "Burton264@gmail.com" <Burton264@gmail.com> ACHD will not require a Traffic Impact Study. You will need to submit plans directly to ACHD for reviewfor improvements and impact fees after you have submitted to Meridian. Christy Frolrr>r Webmail jgarch [mailto:jgarch@bitsmart.net] Selnt: Friday, March 08, 2013 11:31 AM To: Christy Little; Burton264@gmail.com Subject: Meridian Automotive, JGA # 1251 [Quoted text hidden] hops://mail.goog Ie.coMmail/uIOJ?ui=2&iIF494b2c12d8&Neu~pt&smirch=inbox&th=13d4b44ed4a14a94 1/1 1 -gym ~ ox ~N 3Z D'~ z-o r D z z O • s e ~~. =o ~ ; ° ~- ~ D ^ ~ w. P ~ ~ M ~ ~ ~~ n ~ ~~ D 3 ~ ~ 0 o s y~ ~ ~ ~ .` EXISTING PLANTING TO REMAIN EAST FIRST STREET OX ~N rn= DO i z-p -~ D '`~~ ~ ~ ~~' L~ L~ PLANT LIST MARK NAME SIZE A Corpus stolonifera `Isenti' Dwarf redtwig dogwood 2 gal B Pinus mugo mughus Mugho Pine 12-18" C Thuja occidentalis Emerald Green American arborvitae 5'-6' D Juniperus horizontalis `Wiltonii' Blue carpet juniper 1 gal Ground cover :plant 4' o.c. each way E Existing plant material to remain LANDSCAPE NOTES 1 All landscape planting areas are to be served by an automatic underground irrigation system. System design is to be provided by landscape contractor and submitted to Owner for review prior to construction. 2 Shrub and tree planting areas are to have 2" shredded bark organic mulch. 3 Plant material is to be healthy, vigorous, free of disease. 4 Confirm any plant material substitutions in writing prior to delivery or planting. 5 Fertilize at time of planting as recommended by nurseryman. n _~ o~ a w 3 n ~ m I I g I -o ) j; , ~ ~ _ ~ . j~ o ~( j~ ) ~ ~ z I i I •~ . I . . i i~ ~ I €. ~ _ - _ I L _ I ~_~~ g Ind a~ >< 3 ~ ___-- ~ ~ ~.~ ~ ~ \ ~ ~ ._ .. __ ~~ .!!IIIL1~1(1_ 9$~i~ ~~ _ GL WT KtIT D7IR'ET zZ f! ~~ ~Y A`6~~ d Y~ ~. A t ; _ r ^ o~ Y 44 3i N ~ Eyg Q y ¢Q t~ !@ I m d54. ~SY ~"~Y ~ ~~ ~ ~ ~ ~'' y r IIOEII _~ ~.~3~ [~~. gg~~ ~ ~ ~ ~[ a ICI -- ~ g @'~d $ 'd ~ ~ ti A ~ A7 ~1 a Cs~e ~ . I Im \ .--- s n > >i:;:li z I ,,~, I I ~ ~ li ~i) d LP ~ _ _ _ L _ _ EAST FIRST STREET i I JAI'IES ARCT MERIDIAN AUTOMOTIVE 2013 `~"~°~u~ ~,~so. +++I~--`-_=~'~I+I m•„ ~+;~ ~m ~omr ~ma. m~+.moroms ea~~sae. rxan: aoa v~mx rou non w~ae ~er~ o uw 'AS8~4S~'° eu~ xrearmswrxt uc aou w+enx vv~s r; JGA -= A - i ~ - ,~ iee !Y. ~ ~ f •'` -- ~ - m ~ ~ ~. ,~ ~ ~~ ~~ g ® ~~ ~ ~~ - ~ ~ \ j6 f ,E ~ ' ` - , ` ~ [' ~~. ~ I ~ D '~ ,r ~~ ~~ s ~~ /i ~ ~ ~! _, - ;Q ~ _ ~ . ~ ~ ~' ~~ ,~ ~~ - ~ ~ ~,. ~ __._-- ____-- --__-- _- __- '-1 - .rs-~sr_.` i I I I I ^ ® ~ 0 i __'_ :__..._..- i O i r- - ~ ~ ~ exen.c ,.,s i _...._' i~ ~ ~ ® ~ ~; ~ i ! i ~ ~-- s ~-- - c I~ ~ ° ®I exis?iHL e~.s ®/-`~ [~u3t~tK. B~r9 ~------- 0 ` ~ Q 0 5 _._ Q FS ~~ ~ ~ m ~ E- - n ~ ~ Io ~ 8 0 0 o f ~ o ^ -- 8 _ - .A t bb~~ o,. - _.. _-___........ _..-. e. .,rt, moo.. ~' JAMES GIPSON ARCHITECT MERIDIAN AUTOMOTIVE 2013 "~"ONS ~"'~ _ ARCHITECTURE PLANNMG ~"4O"O ~"b~~_r°~''4°~~~ ~ 2 .a~.~o vumx a~ [n 1Qt 101II1 P®Yf7}l I~Rm[lN 1USVY017VE $'~'~°a'.'°"`~ ~~ 3/V70D ~___. _' I =~i. wee ,r mi ~.i~ ~~ v .;n sus .. n.w -_ ... v~.o azo~.vu uw. e. ~ ,- ~s~ ~ Property Management No. 0731 .. 1335 ~ 103 Street. 505 Main Street T.3 N., R. ~ E., Sec. 7 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AG EEMENT (the "Agreement"} is made and entered into thist "_``day of ~ ~°.~:; ¢m 20U3, by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate ofi the State of Idaho, hereinafter referred to as "ACHD" and MERIDIAN AUTOMOTIVE & MACHINE SHOP, hereinafter referred to as "Licensee" W'ITNESSETN: 1=aR GfJOD AND SUFFICIENT CONSIDERATION iT IS AGREED: SECTION 7. RECITALS. 1,1 ACHD owns and has exclusive jurisdiction over the public right-of-way located: in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto {the "Right-of-Way"~;. 1.2 Licensee desires. a license to use the Right-of Way for the limited purposes hereinafter set Earth, and, far the consideration and an the terms and conditions hereinafter set forth; ACHD is willing to extend such. license to Licensee. SECTICJN ~. LICENSE: Ll'CENSE NC)T EXCLUSIVE. 2.1' Cn the terms and. conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the. following. uses and purposes ("Authorized Use"} and'. no others: Licensee to allow an existing building to remain 3 feet within the ACHD public right of way of Main Street.. 22' This Agreement does not extend to Licensee the rightto use the Right-cif- Way to the exclusion of ACHD-for any use within its. jurisdiction, authority and discretion or of ethers to the. extent authorized by law to use public right-of way: if the Right.-of= Way has been opened as a public Highway (as used in the Agreemen# the term "Highway" is as defined in Idaho Code § 40-109(5}j Licensee's Authorized: Use is .subject. to the rights of the public to use the Right-of-1Nay for Highway purposes. Licensee's Authorized Use is also subject to the rights. of holders of easements of record or obvious an inspection of the Right-of-Way -and statutory rights of utilities to use the public. right-of-way. This Agreement it is not intended to, and shall not, preclude. or impede the abrlity of ACHD to enter into other similar agreements in the LICENSE. AGREEMENT -Page 1 (5!16102 A.15Q5 Main Sf license agr:doc future allowing third parties to also use its public rights-of-way, or the ability of AGHD try redesign.,. reconstruct, relocate,. maintain and improve: its putalc rights-of=way and. Highways as authorized by law and'. as it determines, in its. sole discretion, is appropriate. SEGTIflN 3. GONSTRUGTION INSTALLATION C3F IMPROVEMENTS. Any construction andlor installation by Licensee of improvements; incPuding, without limitation,. buildings, fixtures and landscaping {the "improvements"}; on, over, across and under the Rigfi#-of--Way shall be accomplished. in accordance with designs,. plans and. specifications approued in advance and in writing by AGHD as required t~ satisfy. applicable laws, its policies and good engineering practices. to approving such plans and specifications, AGHD assumes no responsibility far any deficiencies or inadequacies in the.. design or construction of the Improvemen#s, and the responsibility therefor shall be and remain in Licensee.. SEGTiON 4. TERM, 4.1 The term. of this.. Agreement wll commence on the 15 day of OCiC)BII3 ,.2003,. and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY {30} DAYS advance written notice of termination given the other party. 4,2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACRD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty {3U} days following.. the date AGHD shall provide written notice of termination to Licensee, which' notice shall specify such default{s}. Licensee shall have such thirty {30} day period. to correct and! cure the specified defaults, and if so corrected and cured., to the satisfaction of AGHD, this Agreement shall not be terminated but shall continue in full force and effect,. SECTION a. FEE. There is no fee far the Licensee's Authorized. Use of the Right-of- Way under this Agreement. SECTION 6'. MAINTENANCE' FA,iLURE TO MAIiVTAW; RELOGATiC?N OF UTl'LITIES. 6.1 At its sole cos# and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws,. the policies of .AGHD and sound engineering practices. Licensee shall.. have access over, across and under the Righ#-of-Way for the purposes of accomplishing::.. such repair and maintenance:. 62 If the Highway on andCor adjacent to the Right~of-UUay is damaged as a result of: {i} the performance by Licensee of the maintenance required by section 6.1, or the failure or neglect to perform such maintenance; andtor LICEIUSE AGREEMENT -Page 2 {116102 A:1505 Main 5t license agr.dac {ii} Licensee's design, installation or use of the.. Improvements, regardless of cause; at its sole .cost and expense Licensee shall forthwith correc# such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto,.. and if Licensee shall fail or .neglect to commence. such correction and restoration within t~iventy-four (24} hours of notification thereof,: ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof,... including:, without limitation, reasonable compensation for the use of staff and equipment of ACHD.. 6.3 Notwithstanding the provisions ofi section 6.2, should an emergency exist related'. to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Fright-af-Way ar the safety of the public use therea€, ACHD shall have: the right to immediately perform,. on behalf of, and at the cost of Licensee necessary emergency repairs.. ~.4 Licensee wilt be responsible for the relocation of any existing utilities located on the Right-af-Way as may be required in connection with any construction ar fnstaliatan of Improvements by Licensee in the Right-af-Way. SECTION 7. RELOCATION OF (MPROVEIVIENTS, if during the term of this .Agreement ACHD requires,. in its sole discretion, at any time,. and from time to time,- that the Highway on andlor adjacent to the Right-of-Way be widened andlor realigned, redesigned, improved and/ar reconstructed,. Licensee hereby accepts responsibility far alt costs far relacafing, modifying: or otherwise adapting the Improvements to such realignment andlor relocation andlor reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided Licensee may elect to terminate this Agreement. in lieu. of complying with this responsibility, and further provided ACHD gives Licensee adequate written. notice as necessary to allow Licensee... to redesign, relocate, modify ar adapt the Improvements to the realignment andlor relocation andlor recanstruc#ion af' the Highway and also licenses Licensee such additional area of its right-af~way, if any,. as may be necessary far the proper operation of the Improvements. .SECTION. 8. PERMIT. If the proposed construction.. and installation of the, Improvements, ar .any reconstruction, relocation or ,maintenance thereof requires Licensee to obtain a permit under ACHD pallcies, Licensee shall first obtain such permit from ACHD (Construction Services Divisions before carnmencirtg such work,. and pay.. the required fees and otherwise.. comply with the conditions set forth therein. SECTItJN 9. N:O TITLE. IN LICENSEE, Licensee shall have na right, title or interest in or to the Right-af-Way other than the right. to temporarily use. the same pursuant to the terms of this Agreemenf. LICENSE AGREEMENT -Page 3 (~/t61f~2 A:105 Main si license agr.doc SECT}ON 1 tl. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's- Authorized Use of the. Right-of-Way, or any constructc~r~ car installation cif Improvements thereon; or the repair and maintenance thereof, ar the relc~catian of improvements ar utilities thereon.,: ar the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION t 1. TAXES AND ASSESSMENTS. Licensee agrees to pay all'. special assessments and personal property taxes that may be Ievied and. assessed on the. lmpravements during the term of this Agreement. SECTION '12, RESTORATION ON TERMINATION. Upon termination of this Agreement,.. Licensee will promptly remove ail }mprovements and restore the Right-of- VJay to at least its present condition. Shau}d Licensee fail or neglect to prompt}y remove. the Improvements and restore the: Right-of-Way, ACHD may do so, and.. assess Licensee for the casts thereof. Provided, ACHD and. Licensee may agree in writing that some or ail of such Improvements are to remain on the Right-af-Way following; termination, and by entering into such an agreement Licensee thereby disclaims al[ right, title and interest in and to the same,. and hereby grants such Improvements to ACHD, at no cast,. Furkher provided, if the Authorized Use of the.. Right-of-Way under this Agreement is for landscaping in ACRD right-of-way and the irrigation and maintenance thereof, and the general. purpose government with jurisdiction has adapted. ordinances, rules and regulations. governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such .owners are obligated to maintain and irrigate the landscaping Licensee. need nat. remove the same from the.. Right-of--Way. SECTION 13. INDEMNIFICATION. .Licensee hereby indemnifies and holds ACRD::: harmless from and against any and' all claims ar actions €or loss,. injury, death, damages, mechanics and other liens:, arising. out of the failure or neglect of Licensee, L}Gensee's employees, contractors and agents, to properly and reasonably make Authorized Use af' the Right-af-Way ar properly construct,. ios#all, plant, repair or maintain the Improvements thereon, or that otherwise result' from the use and occupation of the Rigf~t-af-Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against.: by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensee's. obligations pursuant to this: section-shall survive'the termination of this Agreement. SECTION 14. COIVIPL}ANCE WITH LAW-. WASTE AND NUISANCES PROHIBITED. I connection with .Licensee's:: use of the Right-of-1Nay, throughout the term of this Agreement Lidensee. covenants and: agrees to: (i) comply and observe in ail respects any and all, federal,. state and locale statutes, ordinances, policies, rules and regulations, including, without lmitatiort, those relating to traffic and pedestrian safety,. the Clean Water Act: and{or to the. presence, use,. generation, release,.. discharge, storage or disposal in, an or under the Right-af-way of any Hazardous Materials {defined as any substance or material defined or designated as hazardous or toxic waste., material. or LICENSE AGREEMENT -Page 4 (~/16/02 A:1505 Main St 13cense ~gr:doc ~,r~! =r_ ~.~' ``' `~~.*~ _~ !jam ~ ~~ .~`~~f f~i ~~~~ T,~CIIVSE . _a~EtENT # 0731-1335-1203 AMENDMENT NO. I TC3 TEMPC}RAR~' LICENSE AGREEMENT' (RIGHT-OF-SAY IMPROVEMENTS) This Amendment to the certain License Agreement made and. entered into the 15~h day of Goober,. 2003, by and between. the Ada County Highway District, a body politic and corporate of the State o£Idaho, and MERIDIAN AUTOMOTIVE & MACHINE SI3OP, and issued ACRD Property Management Number 0731-1335-1003, WITNESSETH: For g©od and sufficient consideration, it is agreed: Section 2. License; License Not Exclusive: is hereby modified by the words.. in the first sentence thereof, immediately after the words "Main.. Street": Licensee. to have a 6 ft wooden. or chain link fence t© remain within the public right of way of Main Street. It shall be noted that the depiction of said public right-of-way nza Ezchibit "A" has.. been modified to .reflect. the changes as specified above and. the. revised Exhibit "A" is attached hereto Except. to the Amendment,. all terms and conditions. of the above referenced License Agreement,. as amended, shall-be and remain in full. force and effect.. Dated this ~~ day of f' ~- l,,~~ , 2003. COUNTY dandy )/ane,~igfit-of--Way Superuisor MERIDIAN AUTOMOTIVE MA.CHiNE SI3OP ~iLlG-~1~-a4~~~ X335,`;':. fii~l JFtri1£S GIF'SOhi e'~SSti~'ItFiTE t ' I " n sn~ # ~~~.~~-- mil- ...~ ~ ~~ ~ :; 'F+N S M ~~ ~ N N ~ 7 ! V i7 i 111 ~.e+ ~m d ~~Iy Q ~' ~ .y ~~KI~~T. ~4CR RF t 'A .. t . ~ \ ~ i- ~ ~uN N j P ~ ,, ~' LV ~ f ~ AI • C~_`1 ~ ! `~ \ 4~ R qo. ~ a I ~ L~Jrl k ~c't ~ i' '.""'. u7 ~ ~ i . J ~~i yC.~x;. t" _e, ~I N 4 ~~S '339 Eli 3 i :., il .$'~ :~ yy~ • ~ , ~Q R S "1~ ~ 3 p.01 7~C A S ~ S ~.t A t S 6~ \ ~ 0~~ dr F ~: } T~ A ~ x 3 ~;'~ ~' ~' ~n K,~ lm v. ~ C' CRE'ET 3 w ~~ ~~~ ~~. ~ f 7p ~ `~ ~~~ c ~~~ r ~~~ substance, or other similar term,. by any federal, state or local environmental statute,: regulation or occurrence presently in effect or that may be promulgated in the future} (iii obtain any and ,all. permits and approvals required by ACHD or any other unit- of government; and {iii} camrnit na waste or allow any nuisance. on the Right-of-Way.. licensee covenants and.. agrees to indemnify and hold ACHD harmless. from and against any and alI claims, demands, damages,. liens, liabilities and expenses {including without limitation, reasonable attorneys' fees}, arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement.. SECTION 1~. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this. Agreement,.. the license herein extended, or any of .its rights hereunder except with the prior written .consent of ACHD, which: consent will not be granted unless the assignee assumes all .obligations,; warranties:, covenants and' agreements of Licensee herein contained. SECTION 16. ATTORNEYS' FEES. In any suit,. action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its casts incur-ed therein, including reasonable. attorneys' fees.. SECTION 17. NOTICE. Any notice under this .Agreement shall: be in writing.. and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service {sa long as such service provides written confirmation of delivery}, or by facsirniie verified by electr©nic confirmation. All notices shall be addressed to the party at the address. set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on {a} actual delivery- or refusal, {b} three {3} days following the day. of deposit. in the United. States Mails, {c) the day of delivery to the overnight courier,.. or {d} the day facsirnife delivery is electronically confirmed. If to ACHD: Ada County Highway District 818 East` 37th Street Garden City, Idaho 83714 Attn: Right. of Way Division If to Licensee:: Meridian Automotive & Machine Shop Mr. Jahn Nesmith 505 N Main St Meridian,. Idaho 83642' {248;} 888-3797 SECTION 18. SUCCESSORS AND ASSIGNS. This Agreement, the license herein ,, extended, and the covenants and agreements herein contained shall inure to the benefit. of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 15, Licensee's assigns,.. LICENSE AGREEMENT -Page 5 (5/16102 A:15d5 M~irr St license agrdoc SECTION ~ 9. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated ..herein as if set#orth in full herein, SECTIC7N 20`. NO RECORDATION. This Agreement. shall not be recorded in the Official Real. Property Records of Ada County,: Idaho. SECTION 22. Warranty of Authority to Execute. 22.1 The persons} executing this Agreement. on behalf of ACHD represents} and warrants} due authorization to do so on behalf of ACHD, and that upon, execution of this Agreement on behalf of ACHD,. the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 If Licensee is not a natural person, the persons} executing fhe Agreement on behalf of Licensee represent{s) and warrants} due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the. same is binding upon, and shall inure to the benefit,. of Licensee. IN WITNESS WHEREOF, the. undersigned have caused this Agreement to be executed the day,. month. and year first set forth above. ADA CQUNTY HIGHWAY DISTRICT Randy L ne, Right of Way Supervisor MERIDIAN AUTQMQTIVE & MACHINE SH{7P w.. ~o Nesmith EXHIBITS. Exhibit "An-Description a d depiction of Right-of-Way LICENSE AGREEMENT -Page 6 {5I16/~2 A:I505 A~1a+n S# license agr.doc