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HomeMy WebLinkAboutCarls Jr CUP 02-026 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) A CARL'S JR. IN A C-G ZONE, ) LOCATED ON SOUTH MAIN STREET, ) NORTH OF THE MERIDIAN ROAD AND ) MAIN STREET INTERSECTION, MERIDIAN,) IDAHO ) ) ) ) ) BY: CLAYTON JONES, APPLICANT. CIC 11/12/02 CUP-02-026 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on November 12, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of7:00 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and the minutes of that hearing, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Clayton Jones, Daniel Skinner, Phil Atteberry, and Jonathan Gibbs, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-02-026) - 1 1. The City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements ofI.C. SS 67-6509 and 67- 6512 and SS 11-2-416 E and 11-2-418 E. 3. The proposed location for the applicant's business is located near the northern corner of the intersection of Meridian Road, 1 ,t Street and Central Drive, Meridian, Idaho. The following uses surround the subject property: North - a Taco Bell restaurant, South - A&W/KFC restaurant, East - Central Valley Corporate Center and West - Redlin Photography Studio, all with a CoG zoning. 4. The proposed use would be a Carl's Jr. with a drive-through. The proposed restaurant would replace the existing building that formerly housed the Kentucky Fried Chicken restaurant, located between the existing Taco Bell and the new A& W /KFC restaurants. When the new A&W/KFC restaurant received approval for their required conditional use permit, one of the conditions of approval was to abandon the drive-through use of the then existing KFC building and the proposed use now requests construction of a 3,901 sq. ft. Carl's Jr. restaurant with drive-through, and said drive-through was transferred to the new A&W /KFC restaurant. 5. Business owners of Taco Bell and the new A&W/KFC located between the proposed use, and Bolo's restaurant located on the same lot as the proposed use, already experience traffic congestion at certain times of the day and night, and the proposed use would ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-02-026) - 2 significantly impact the traffic and add additional congestion to the area. 6. More likely than not, the additional proposed use with a drive-through, in the same lot area would increase the problems cited in Finding number Five above. 7. The proposed use would not allow adequate on-site parking for employees and the providing of the off-site parking for employees was not discussed with the other businesses located near the proposed site. Concerns were raised about the safety of the employees using the off-site parking due to the present business's security policies and procedures, lighting, and for the safety of the employees having to cross a heavy traffic road to reach the off-site parking. Since there is already inadequate on-site parking, and since the businesses located around the proposed site did not give their approval for off-site parking, the proposed use would be a problem for the other businesses located on the same lot. 8. Additionally, none of the business tenants located in the same block as the proposed site were given Notice or ever saw a Notice for the hearings on the proposed application. CONCLUSIONS OF LAW 1. The proposed use would be detrimental to other businesses in the same block because of the traffic congestion it would create. 2. The proposed use would be detrimental to other persons because the traffic congestion created by the use would create safety problems. 3. The site is not large enough to accommodate the proposed use. 4. That the design and operation will not be compatible with the existing or intended ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-02-026) - 3 character of the general vicinity and that such use would adversely change the essential character of the same area due to traffic congestion. 5. That the proposed use would be served adequately by essential public facilities and services. 6. That the proposed use would not create excessive additional cost for public facilities. 7. That the proposed use would involve activities or processes, and conditions of operation that would be detrimental to persons, property, or the general welfare by reason of excessive production of traffic and noise ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named applicant is denied the requested conditional use permit. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-02-026) - 4 Datedthis 26~dayof ;./&vehV~ ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L. M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 11-2-6 -&?Z- MOTION: ~~ APPROVED' ,2002. VOTED~~tL- VOTED$tL. VOTED $-t:<- VOTED 1l6~ - VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJ~~~9- City Clerk Dated: Z,IWorkIMIMeridianIMeridian 15360MICarl', Jr. CUP-02<l26\FFCLOrdCUPDenial02026.doc ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-02-026) - 5