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BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. CUP – 02-026
REQUEST CONDITIONAL USE )
PERMIT FOR A CARL’S JR. ) RECOMMENDATION TO CITY
RESTAURANT WITH DRIVE-THRU ) COUNCIL
IN A C-G ZONE )
)
CLAYTON JONES, )
Applicant )
1. The property is located on south Main Street, north of the Meridian Road and Main Street
intersection, Meridian.
2. The owner of record of the subject property is G&H Enterprises II.
3. Applicant is Clayton Jones, 3413 N. Cole Rd. #128, Boise, ID.
4. The subject property is currently zoned C-G. The zoning district of C-G is defined within
the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
5. The Applicant requests the Conditional Use Permit for construction of a 3901 sq. ft.
Carl’s Jr. Restaurant with drive-thru. The C-G zoning designation within the City of
Meridian Zoning and Development Ordinance requires a Conditional Use Permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7. The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR CARL’S
JR RESTAURANT WITH DRIVE-THRU – CLAYTON JONES - Page 1
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City Council
of the City of Meridian that they approve the requested Conditional Use Permit as requested by
the Applicant for the property described in the application, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. All parking and areas of circulation shall be improved with a hard surface in accordance
with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site
plan, ADA and MCC 1-13-4.F.
2. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-
4.C.
3. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be removed
upon 3 days notice to the Applicant.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
5. 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.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for
Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into
surface water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The Applicant is responsible
for filing all necessary applications with the Idaho Department of Water Resources regarding
Shallow Injection Wells.
6. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight-
obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate
location and construction requirements with Sanitary Services, Inc.
7. Certificate of Occupancy: All required improvements must be complete prior to obtaining
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR CARL’S
JR RESTAURANT WITH DRIVE-THRU – CLAYTON JONES - Page 2
a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the form of a letter of credit or cash in the
amount of 110% of the cost of the required improvements (including paving, striping,
landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any
temporary occupancy will not exceed 60 days to complete the required improvements.
8. As part of a Conditional Use Permit, the City of Meridian may impose additional
restrictions/conditions.
9. Water and sewer service locations to serve this proposed building were not shown on the
submitted site plan. The designer shall furnish the Public Works Department a new site plan
showing existing and proposed utility mains and service connections.
10. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the
start of construction.
11. Provisions must be made by Applicant to provide for twenty-four (24) off-site parking
spaces to be used by employees of this restaurant and those of the KFC/A&W, Taco Bell, and
Bolo’s Eatery located on the same lot. Such provisions must be made prior to occupancy of the
new building which is the subject of this application.
12. Applicant must negotiate with Ada County Highway District for a workable resolution on
the current ingress/egress between the subject lot and Meridian Road. It is the suggestion but not
the requirement of the Commission that such resolution include either a widening of such
ingress/egress or an island dividing the ingress and egress. Applicant must take measures to
assure that the ACHD issues a letter of opinion regarding this situation prior to any consideration
of this matter by the Meridian City Council.
B. Adopt the Recommendations of the ACHD as follows:
Site-Specific Requirements
1. Dedicate 40 feet of right-of-way from the centerline of Meridian Road abutting the parcel
by means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of building permits (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of-way dedicated which is an addition to
existing ACHD right-of-way if the owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance
#193. The right-of-way purchase agreement must be completed and signed by the Applicant
prior to scheduling the final plat for signature by the ACHD Commission.
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2. Road Trust for a 5 foot wide detached concrete sidewalk on Meridian Road and East 1
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR CARL’S
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Street located 2 feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an
easement for the sidewalk.
3. The existing shared driveway on Meridian Road located approximately 330 feet north of
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East 1 Street is approved with this application.
4. Close the existing driveway on Meridian Road located approximately 160 feet north of
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East 1 Street, as proposed. The Applicant is proposing to relocate the driveway on Meridian
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Road approximately 190 feet north of East 1 Street. District policy requires driveways to offset
controlled intersections a minimum of 440 feet for a full access driveway and 220 feet for a
right-in/right-out driveway. Because the proposed driveway does not meet District policy, it is
NOT approved with this application.
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5. The existing shared driveway on East 1 Street located at the north property line
approximately 300-feet north of Meridian Road is approved with this application.
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6. Replace unused curb cuts on Meridian Road and East 1 Street with standard curb, gutter
and/or concrete sidewalk to match existing improvements.
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7. Replace any damaged curb, gutter and or sidewalk on Meridian Road and East 1 Street
with new curb, cutter and/or concrete sidewalk to match existing improvements. Segments to be
replaced shall be determined by ACHD Construction Services staff.
8. Pave the driveways their full width of and at least 30-feet into the site beyond the edge of
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pavement of Meridian Road and East 1 Street and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
9. Provide a recorded cross access easement among the parcels to the north for access to the
public streets.
10. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
11. Any existing irrigation facilities should be relocated outside of the right-of-way.
12. All utility relocation costs associated with improving street frontages abutting the site should
be borne by the developer.
13. Other than the access points specifically approved with this application, direct lot or parcel
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access to Meridian Road and East 1 Street is prohibited.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR CARL’S
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1. All corners shall have 28’ inside and 48’ outside radius.
2. The project will comply with the 1997 Uniform Fire Code.
D. Adopt the Recommendations of the Central District Health Department as follows:
1. Plans must be submitted for a plan review for any food establishment.
2. It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact on groundwater and surface water quality. The
engineers and architects involved with the design of this project should obtain current best
management practices for storm water disposal and design a storm water management system
that prevents groundwater and surface water degradation. Manuals that could be used for
guidance are:
State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality, July 1997.
Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works
Department, May 2000.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. A Land Use Change/Site Application is required.
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