HomeMy WebLinkAbout2025-08-04 Jonathan Walker
Charlene Way
From:Charlene Way
Sent:Monday, August 4, 2025 7:59 AM
To:Jonathan Walker; Clerks Comment; citycouncil; Mayor Office Feedback
Subject:RE: OPPOSED In-N-Out CUP
Jonothan:
Thank you for your comments. They have been made available in the project folder for review.
To access Public Hearing Notice Information, find online at: https://apps.meridiancity.org/phnotices/
To access Public Hearing Process Information, find online at
https://meridiancity.org/government/public-meeting-information/
Have a wonderful day,
Charlene
Charlene Way, Assistant City Clerk (Remote Fridays)
City Clerk Office| City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.4433|Email: cway@meridiancity.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Jonathan Walker <Jonathanwalker39@proton.me>
Sent: Saturday, August 2, 2025 8:15 PM
To: Clerks Comment <comment@meridiancity.org>; citycouncil <citycouncil@meridiancity.org>; Mayor Office Feedback
<MayorOfficeFeedback@meridiancity.org>
Subject: OPPOSED In-N-Out CUP
1
External Sender - Please use caution with links or attachments.
To members of the City Council,
I do not think there is any reason to provide a conditional use permit to In-N-Out to include a drive thru lane for their
new restaurant to be located at 5985 N. Ten Mile Rd, Meridian. As all parties are well aware, the existing Unified
Code requires that construction of a new drive thru, within 300 feet of an existing drive thru, be issued a conditional
use permit. In this particular case, according to the drawing provided by the applicant, this proposed drive thru would
not only be less then 300 feet away from the closest drive thru, it appears that is would be less than 10 feet from the
closest drive thru (Cafe Rio). I believe the addition of this new drive thru would not improve a commercial lot that
already has several drive thru restaurants, and would likely have an overall net negative effect on the existing
businesses, traffic, and neighborhoods in the surrounding area.
The first issue is that the Planning and Zoning Commission (PZC) has already voted against the measure, with
overwhelming support from community stakeholders. I would be concerned that overturning the PZC’s decision,
against the will of the stakeholders, would lead to a long legal battle that could drag on for an extended period of
time and cost the city significant funds.
The second issue is that this is not in the best interest of the City of Meridian. Traffic problems are an obvious issue,
but I also think it would be a poor decision business wise. The Costco parking lot already has multiple drive through
restaurants in the parking lot, and In-N-Out could upset the current balance. It could drive current restaurants out of
business resulting in a loss of revenue for the city and could lead to vacant store fronts. More importantly, there are
many other areas around the City of Meridian that would benefit from increased traffic from an In-N-Out, and I think
the City should be working with the restaurant to look at alternative sites.
I do not believe the City of Meridian is under any obligation to issue a conditional use permit to an entity when the
issue at hand is: 1. Valid 2. Relevant to original purpose of the code 3. Determined to not be in the best interest of
the city or its residents. I think reviewing the Idaho Supreme Court decision of Veterans Park Neighborhood
Association V City of Boise makes it clear that a Conditional Use Permit is a discretionary decision by the city, and
not an obligation. I do not believe any relevant case law exists that suggests that a municipality is required to go to
any lengths to search for reasonable conditions to issue a conditional use permit that they do not believe is in the
best interest of the city.
That being said, I think In-N-Out should still be offered a permit to operate their restaurant without a drive thru lane,
in accordance with the established city codes. I think that a company which is so highly regarded as In-N-Out will
think of new and innovative ways to make their restaurant a success in absence of a drive thru. Perhaps they could
employ a drive-in setup similar to Sonic, or purchase the drive through rights from Cafe Rio. Who knows what great
ideas they may come up with, and we should not interfere with innovation and creativity required for success in the
free market. I think of this as less of problem for the city of Meridian to solve and more of a problem for strategists
with In-N-Out to solve.
Thanks, have a great week
Jonathan Walker
4102 W Silver River St.
Sent with Proton Mail secure email.
2
Charlene Way
From:Dave Miles
Sent:Monday, August 4, 2025 7:56 AM
To:Jonathan Walker; Clerks Comment; citycouncil; Mayor Office Feedback
Cc:Bill Parsons
Subject:RE: OPPOSED In-N-Out CUP
Jonathan,
Thank you for reaching out and sharing your thoughts about the proposed project. Your email has been received by
the Mayor’s O?ice. Because this project is part of an open application, the Mayor and City Council members are
prohibited from commenting outside of the public hearing process. That said, we take public feedback seriously
and want you to know that we have received your email and have read your comments.
Your email has been forwarded to our City Clerk and will be included in the project public record. As you may be
aware, the City does not determine which food service or business locates at a property, the City regulates the
land use of various properties while businesses decide to locate at given sites or areas based on market
conditions. This project’s City Council public hearing is currently scheduled for Aug. 12. Additionally, we invite
you to check the City’s website, meridiancity.org for any upcoming public hearing notices and additional
information regarding the development. I have also copied the Planning Department if you have additional
questions on hearings, or should that date change.
Sincerely,
Dave Miles | Chief of Staff
City of Meridian | Mayor’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: (208) 489-0532|Fax: (208) 884-8119
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law
From: Jonathan Walker <Jonathanwalker39@proton.me>
Sent: Saturday, August 2, 2025 8:15 PM
To: Clerks Comment <comment@meridiancity.org>; citycouncil <citycouncil@meridiancity.org>; Mayor Office Feedback
<MayorOfficeFeedback@meridiancity.org>
Subject: OPPOSED In-N-Out CUP
External Sender - Please use caution with links or attachments.
To members of the City Council,
I do not think there is any reason to provide a conditional use permit to In-N-Out to include a drive thru lane for their
new restaurant to be located at 5985 N. Ten Mile Rd, Meridian. As all parties are well aware, the existing Unified
Code requires that construction of a new drive thru, within 300 feet of an existing drive thru, be issued a conditional
use permit. In this particular case, according to the drawing provided by the applicant, this proposed drive thru would
not only be less then 300 feet away from the closest drive thru, it appears that is would be less than 10 feet from the
1
closest drive thru (Cafe Rio). I believe the addition of this new drive thru would not improve a commercial lot that
already has several drive thru restaurants, and would likely have an overall net negative effect on the existing
businesses, traffic, and neighborhoods in the surrounding area.
The first issue is that the Planning and Zoning Commission (PZC) has already voted against the measure, with
overwhelming support from community stakeholders. I would be concerned that overturning the PZC’s decision,
against the will of the stakeholders, would lead to a long legal battle that could drag on for an extended period of
time and cost the city significant funds.
The second issue is that this is not in the best interest of the City of Meridian. Traffic problems are an obvious issue,
but I also think it would be a poor decision business wise. The Costco parking lot already has multiple drive through
restaurants in the parking lot, and In-N-Out could upset the current balance. It could drive current restaurants out of
business resulting in a loss of revenue for the city and could lead to vacant store fronts. More importantly, there are
many other areas around the City of Meridian that would benefit from increased traffic from an In-N-Out, and I think
the City should be working with the restaurant to look at alternative sites.
I do not believe the City of Meridian is under any obligation to issue a conditional use permit to an entity when the
issue at hand is: 1. Valid 2. Relevant to original purpose of the code 3. Determined to not be in the best interest of
the city or its residents. I think reviewing the Idaho Supreme Court decision of Veterans Park Neighborhood
Association V City of Boise makes it clear that a Conditional Use Permit is a discretionary decision by the city, and
not an obligation. I do not believe any relevant case law exists that suggests that a municipality is required to go to
any lengths to search for reasonable conditions to issue a conditional use permit that they do not believe is in the
best interest of the city.
That being said, I think In-N-Out should still be offered a permit to operate their restaurant without a drive thru lane,
in accordance with the established city codes. I think that a company which is so highly regarded as In-N-Out will
think of new and innovative ways to make their restaurant a success in absence of a drive thru. Perhaps they could
employ a drive-in setup similar to Sonic, or purchase the drive through rights from Cafe Rio. Who knows what great
ideas they may come up with, and we should not interfere with innovation and creativity required for success in the
free market. I think of this as less of problem for the city of Meridian to solve and more of a problem for strategists
with In-N-Out to solve.
Thanks, have a great week
Jonathan Walker
4102 W Silver River St.
Sent with Proton Mail secure email.
2