HomeMy WebLinkAboutHarks Corner CUP 03-009BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/06/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A
RENTAL/RESTAURANT
COMPLEX AT HARK'S CORNER
IN A C-C ZONE, LOCATED ON
THE SOUTHWEST CORNER OF
CINDER ROAD AND W.
FRANKLIN ROAD, MERIDIAN,
IDAHO
Case No. CUP-03-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
VAN HEES PROPERTIES, LLC,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on May 6, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department,
and Larry Van Hees, appeazed and testified, and the City Council having duly considered the
evidence and the record in this matter and the Recommendations to City Council issued by the
Planning and Zoning Commission who conducted a public hearing and the Council having heard
and taken oral and written testimony, and having duly considered the matter, the City Council
hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-
wit:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 1 OF 22
FINDINGS OF FACT
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 May 6, 2003, before the City
Council, the first publication appearing and written notice having been mailed to property owners
or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the May 6, 2003, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in a C-C (Community Business District)
zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was
required before the City Council on this application.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 2 OF 22
4. The property is located on the southwest comer of Linder Road and W. Franklin
Road, Meridian, Idaho.
The owner of record of the subject property is Van Hees Properties, LLC, 1651
W. Franklin Road, Meridian, Idaho 83642.
6. Applicant is same as owner of record.
The subject property is currently zoned C-C (Community Business). The zoning
district of C-C is defined within the City of Meridian Zoning and Development Ordinance,
Section 11-7-2.
8. The proposed application requests a conditional use permit for arental/restaurant
complex in a C-C zone. The C-C zoning designation is 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).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as "Commercial".
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 3 OF 22
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the Planning and Zoning Commission) as follows:
SITE SPECIFIC REQUIREMENTS
1. Landscanine: A revised landscaping plan was submitted at the May 6, 2003 public
hearing showing the existing landscaping buffer at the northern edge of the subj ect property.
The Applicant is required to extend the existing masonry fence along the full length of the
southem boundary of the property and replace the trees in the 5' wide southem buffer with
shrubs and bushes to match the existing landscaping to the east.
2. Setbacks: The proposed stmcture is subject to all required setbacks of the C-C zone.
The submitted site plan appears to meet all of the required setbacks, notwithstanding the
required landscape buffers.
3. Water/sewer: This facility is currently served by the City of Meridian's sanitary
sewer and water systems. Water and sewer assessments shall be paid with the issuance of
building permits.
STANDARD REOUIItEMENTS
1. Existing trees shall be protected and retained in accordance with Meridian City Code
12-13-13.
2. Off-street parking shall be provided in accordance with the City of Meridian Zoning
and Development Ordinance and/or asdetailed insite-specific requirements. All parking and
areas of circulation shall be improved with a hard surface in accordance with Meridian City
Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan
and Ordinance 11-13-4.F.
3. All constmction and site improvements shall conform to the requirements of the
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 4 OF 22
Americans with Disabilities Act.
4. 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
azeas. All drainage water is to be maintained on-site. 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 standazds 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.
5. 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.
6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe
City Zoning and Development Ordinance or as specifically approved. All signage is subject
to design review and shall require separate permits.
7. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a letter
of approval from their office when applying for a Certificate of Zoning Compliance (CZC).
9. Per Ordinance 11-17-4.B., a conditional use pemut, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder must acquire building permits and commence the
construction of permanent foofings or structures. Time extensions are allowed per the
ordinance.
C. Adopt the Recommendations of ACHD as follows:
ACHD conditions and requirements from File No. AZ-Ol -007 & CUP-Ol -011 also apply to
this application
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 5 OF 22
Site Specific Requirements•
1. Dedicate 45-feet ofright-of--way from the centerline of Linder Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (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 ACRD right-of--way.
2. The existing 36-foot wide driveway on Linder Road located at the south property
line, approximately 220-feet south of the signalized intersection at Franklin Road, is
approved with this application as a right-in/right-out/left-in driveway. Construct a traffic
island/median on Linder Road to restrict left-out traffic. The applicant shall coordinate
the design and location of the traffic island/median with District staff.
3. Staff recommends that the applicant either utilize the existing 36-foot wide right-
in/right-out driveway on Franklin Road located a minimum of 220-feet from the
intersection as right-in/right-out, OR construct a 35-foot wide full access driveway on
Franklin Road located a minimum of 315-feet from the intersection. If the applicant
constructs aright-in/right-out driveway, then the applicant shall install a median in
Franklin Road located 50-feet west of the stop bar at Linder Road, and extending 50-feet
west of the western edge of driveway on Franklin Road.
4. If the applicant chooses to construct aright-in/right-out driveway located 220-feet
west of Linder Road, then a second driveway could be constructed located 440-feet west
of Linder Road, and located to align or offset a minimum of 150-feet from any existing or
proposed driveways on the north side of Franklin Road (Cafarelli Subdivision -approved
in 2000). If the applicant chooses to construct a full access driveway located 315-feet
west of Linder Road, then a second driveway could be constructed located to align or
offset a minimum of 150-feet from any existing or proposed driveways on the north side
of Franklin Road (Cafarelli Subdivision -approved in 2000).
5. Pave the driveways on Franklin Road their full width and at least 30-feet into the
site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
6. Pave the driveway on Linder Road its full width and at least 30-feet into the site
beyond the edge of pavement of Linder Road with 15-foot curb radii.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 6 OF 22
7. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel,
where there are not currently improvements. Extend the sidewalk from its existing
location and alignment.
8. All existing/proposed irrigation facilities shall be relocated outside of the right-of-
way on Linder Road and Franklin Road.
9. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
10. Replace unused curb cuts on Franklin Road with standard curb, gutter and
concrete sidewalk to match existing improvements.
11. Other than the access points specifically approved with this application, direct lot
or parcel access to Linder Road or Franklin Road is prohibited.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy
outlined herein shall be made in writing to the ACHD Planning and Development
Supervisor. The request shall specifically identify each requirement to be reconsidered
and include a written explanation of why such a requirement would result in a substantial
hardship or inequity. The written request shall be submitted to the District no later than
9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be
rescheduled for discussion with the Commission on the next available meeting agenda.
(Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission
action do not provide sufficient time for District staff to remove the item from the consent
agenda and report to the Commission regarding the requested modification, variance or
waiver. Those items will be acted on by the Commission unless removed from the
agenda by the Commission.)
2. After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and Development
Supervisor within six days of the action and shall include a minimum fee of $110.00.
The request for reconsideration shall specifically identify each requirement to be
reconsidered and include written documentation of data that was not available to the
Commission at the time of its original decision. The request for reconsideration will be
heard by the District Commission at the next regular meeting of the Commission. If the
Commission agrees to reconsider the action, the applicant will be notified of the date and
time of the Commission meeting at which the reconsideration will be heard.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 7 OF 22
3. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #193, also known as Ada County Highway District Road
Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
6. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
7. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACRD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
8. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
9. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Deparhnent as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 8 OF 22
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Deparhnent.
3. All roads shall have a fuming radius of 28' inside and 48' outside.
4. All access roads within the project shall have a cleaz driving surface with a minimum
width of 20' available at all times. UFC 902.2.2.1
E. Adopt the Recommendations of Central District Health Department as follows:
Plans aze required to be submitted for a plan review for any food establishment.
2. Please contact Deb Carney at CDHD 327-8527.
F. Adopt the Recommendations of Sanitary Service as follows:
1. Allow 10' minimum clearance inside of the gate posts & 2 openings.
G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
If any storm drainage leaves the site, the irrigation district will require that the
applicant file a Land Use Change/Site Application with the irrigation district for
it's review.
H. Adopt the action of the City Council taken at their May 6, 2003 meeting as follows:
1. For clarification, pertaining to the eight foot concrete wall along the southem part of
the project, said eight foot concrete wall shall extend all the way to the west
boundary behind the retail uses, which wall is shown to extend on the Site Plan
(Landscape Plan), with a date of 5/2003, as stated in public record on May 6, 2003,
by the applicant Larry Van Hees.
13. A revised landscaping plan was submitted, dated 5/2003, showing the existing
landscaping buffer at the northern edge of the subject property. The landscape buffers on the
southern and eastern edges of the subject property do not meet the dimensional requirements of
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 9 OF 22
the MCC. The landscape buffer on the southern edge of the property must be 25' in width. The
landscape buffer on the western edge of the subject property also must be 25' in width. The
previously approved CUP for the first phase of Hazk's Corner allowed for the construction of an
8' wall along the southern edge of the subject property and a reduced landscaping buffer.
The applicant has submitted a site plan that shows 56 parking spaces. MCC's parking
regulations require that one parking space per 200 square feet of gross floor area is provided off-
street within 300' of the development. The 56 required parking places exceed the required 52
spaces.
14. The current Comprehensive Plan Land Use Map designates the property as
"Commercial". Commercial /retail development requires a CUP in the C-C zone according to the
Zoning Schedule of Use Control. It is found that the proposed use and plan to be in compliance
with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of
approval within the staff report aze met.
15. It is found that the proposed development will not adversely change the essential
character of the general vicinity and will be harmonious with the intended character of the same
area.
16. It is not anticipated that the revised project will have an adverse impact on other
properties within the vicinity.
17. It is found that the proposed development can be adequately served by the
essential public facilities and services such as highways, street, police, and fire protection,
drainage structures, refuse disposal, water, and sewer.
18. That the proposed use will not create excessive additional requirements at public
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 10 OF 22
cost for public facilities and services and will not be detrimental to the economic welfare of the
community.
19. It is found that the proposed use would not substantially increase traffic. It is not
anticipated that the proposed use will be detrimental to the general welfare of the community by
means of increased traffic, noise, smoke fumes, glare or odors generated by the use.
20. It is found that the proposed use will not create significant interference with traffic
on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing
streets. The access off of Franklin Road that will be used by the proposed development was
approved in the original CUP application for Hark's Corner.
21. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance by issuance of this
conditional use.
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter refen•ed to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 11 OF 22
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 12 OF 22
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Community Business (C-C), a
public hearirig shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
1 I-17-6)
When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 13 OF 22
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for a planned
unit development for Hark's Comer in a C-C zone located on the southwest comer of Linder
Road and W. Franklin Road, Meridian, Idaho, subject to the following conditions of use and
development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the Planning and Zoning Commission) as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 14 OF 22
SITE SPECIFIC REQUIREMENTS
1. Landscanine: A revised landscaping plan was submitted at the May 6, 2003 public
hearing showing the existing landscaping buffer at the northern edge of the subject property.
The Applicant is required to extend the existing masonry fence along the full length of the
southern boundary of the property and replace the trees in the 5' wide southern buffer with
shrubs and bushes to match the existing landscaping to the east.
2. Setbacks: The proposed structure is subject to all required setbacks ofthe C-C zone.
The submitted site plan appears to meet all of the required setbacks, notwithstanding the
required landscape buffers.
3. Water/sewer: This facility is currently served by the City of Meridian's sanitary
sewer and water systems. Water and sewer assessments shall be paid with the issuance of
building permits.
STANDARD REQUIREMENTS
1. Existing trees shall be protected and retained in accordance with Meridian City Code
12-13-13.
2. Off-street parking shall be provided in accordance with the City of Meridian Zoning
and Development Ordinance and/or as detailed in site-specific requirements. All
parking and areas of circulation shall be improved with a hard surface in accordance
with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance
with the approved site plan and Ordinance 11-13-4.F.
3. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
4. 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 drainage water is to be maintained on-site. Storm water
treatment and disposal must be designed in accordance with Department of
Environrnental 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.
5. All exterior lighting, whether attached to the building or located within the parking
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 15 OF 22
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.
6. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance or as specifically approved. All signage is
subject to design review and shall require separate permits.
7. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
8. Screen trash azeas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide
a letter of approval from their office when applying for a Certificate of Zoning
Compliance (CZC).
9. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City
Council. During this time, the permit holder must acquire building permits and
commence the construction of permanent footings or structures. Time extensions aze
allowed per the ordinance.
D. Adopt the Recommendations of ACRD as follows:
ACHD conditions and requirements from File No. AZ-01-007 & CUP-01-011 also apply to
this application
Site Snecific Reuirements:
1. Dedicate 45-feet ofright-of--way from the centerline of Linder Road abutting
the parcel by means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (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.
2. The existing 36-foot wide driveway on Linder Road located at the south
property line, approximately 220-feet south of the signalized intersection at
Franklin Road, is approved with this application as a right-in/right-out/left-in
driveway. Construct a traffic island/median on Linder Road to restrict left-out
traffic. The applicant shall coordinate the design and location of the traffic
island/median with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMTf
PAGE 16 OF 22
3. Staff recommends that the applicant either utilize the existing 36-foot wide
right-in/right-out driveway on Franklin Road located a minimum of 220-feet from
the intersection as right-in/right-out, OR construct a 35-foot wide full access
driveway on Franklin Road located a minimum of 315-feet from the intersection.
If the applicant constructs aright-in/right-out driveway, then the applicant shall
install a median in Franklin Road located 50-feet west of the stop bar at Linder
Road, and extending 50-feet west of the western edge of driveway on Franklin
Road.
4. If the applicant chooses to constmct a right-in/right-out driveway located
220-feet west of Linder Road, then a second driveway could be constructed
located 440-feet west of Linder Road, and located to align or offset a minimum of
150-feet from any existing or proposed driveways on the north side of Franklin
Road (Cafarelli Subdivision -approved in 2000). If the applicant chooses to
construct a full access driveway located 315-feet west of Linder Road, then a
second driveway could be constructed located to align or offset a minimum of
150-feet from any existing or proposed driveways on the north side of Franklin
Road (Cafarelli Subdivision -approved in 2000).
5. Pave the driveways on Franklin Road their full width and at least 30-feet
into the site beyond the edge of pavement of Franklin Road and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
6. Pave the driveway on Linder Road its full width and at least 30-feet into
the site beyond the edge of pavement of Linder Road with 15-foot curb radii.
7. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the
parcel, where there are not currently improvements. Extend the sidewalk from its
existing location and alignment.
8. All existing/proposed irrigation facilities shall be relocated outside of the
right-of--way on Linder Road and Franklin Road.
9. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
10. Replace unused curb cuts on Franklin Road with standard curb, gutter and
concrete sidewalk to match existing improvements.
11. Other than the access points specifically approved with this application,
direct lot or parcel access to Linder Road or Franklin Road is prohibited.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 17 OF 22
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy
outlined herein shall be made in writing to the ACHD Planning and Development
Supervisor. The request shall specifically identify each requirement to be
reconsidered and include a written explanation of why such a requirement would
result in a substantial hardship or inequity. The written request shall be submitted
to the District no later than 9:00 a.m. on the day scheduled for ACHD
Commission action. Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
(Requests submitted to the District after 9:00 a.m. on the day scheduled for
Commission action do not provide sufficient time for District staff to remove the
item from the consent agenda and report to the Commission regazding the
requested modification, variance or waiver. Those items will be acted on by the
Commission unless removed from the agenda by the Commission.)
2. After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and Development
Supervisor within six days of the action and shall include a minimum fee of
$110.00. The request for reconsideration shall specifically identify each
requirement to be reconsidered and include written documentation of data that
was not available to the Commission at the time of its original decision. The
request for reconsideration will be heazd by the District Commission at the next
regular meeting of the Commission. If the Commission agrees to reconsider the
action, the applicant will be notified of the date and time of the Commission
meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #193, also known as Ada County
Highway District Road Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 18 OF 22
6. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
7. It is the responsibility of the applicant to verify all existing utilities Within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACRD. The applicant shall be required to call DIGLINE
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spaze or filled) are compromised during
any phase of construction.
8. No change in the terms and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
9. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the
project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix
III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. All roads shall have a turning radius of 28' inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
E. Adopt the Recommendations of Central District Health Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERNIIT
PAGE 19 OF 22
1. Plans are required to be submitted for a plan review for any food
establishment.
Contact Deb Carney at CDHD 327-8527.
F. Adopt the Recommendations of Sanitary Service as follows:
1. Allow 10' minimum clearance inside of the gate posts & 2 openings.
G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
I. If any storm drainage leaves the site, the imgation district will require that the
applicant file a Land Use Change/Site Application with the irrigation district
for it's review.
H. Adopt the action of the City Council taken at their May 6, 2003 meeting as follows:
1. For clarification, pertaining to the eight foot concrete wall along the southern
part of the prof ect, said eight foot concrete wall shall extend all the way to the
west boundary behind the retail uses, which wall is shown to extend on the Site
Plan (Landscape Plan), with a date of 5/2003, as stated in public record on May 6,
2003, by the applicant Larry Van Hees.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. .That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 20 OF 21
pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real
property which maybe adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 201` day of
Yi'lG,t~ , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: `J ~ ZEJ-o3
MOTION:
APPROVED: X
Attest:
William G. Berg, Jr., City
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FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
VOTED
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VOTED
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PAGE 21 OF 21
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BEFORE THE MERIDIAN CITY COUNCIL
C/C OS-06-03
IN THE MATTER OF THE APPLICATION OF
VAN HEES PROPERTIES, LLC, FOR A
CONDITIONAL USE PERMIT FOR ARENTAL/
RESTAURANT COMPLEX AT HARK'S CORNER
IN A C-C ZONE, LOCATED ON THE SOUTHWEST
CORNER OF CINDER ROAD AND W. FRANKLIN
ROAD, MERIDIAN, IDAHO
CASE NO. CUP-03-009
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 6`t` day of May, 2003, for fmal action on
conditional use permit application and the Council having received and approving the
recommendation of the Planning and Zoning Commission the Council takes the following action:
1. That the Applicant, VAN HEES PROPERTIES, LLC, is granted a conditional use for a
rentaUrestaurant complex at Hark's Comer in a C-C zone, located on the southwest corner of
Linder Road and W. Franklin Road, Meridian, Idaho. The requested conditional use is described
in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall,
33 East Idaho, Meridian, Idaho.
2. That the above named applicant is granted a conditional use permit for a conditional use for
a rental/restaurant complex at Hark's Corner in a C-C zone, located on the southwest corner of
Linder Road and W. Franklin Road, Meridian, Idaho, subject to the following conditions of use
and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the Planning and Zoning Commission) as follows:
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -VAN HEES PROPERTIES, LLC
FOR HARK'S CORNER (CUP-03-009)
PAGE 1 OF 8
SITE SPECIFIC REOUIREMENTS
1. Landscaping: A revised landscaping plan was submitted at the May 6, 2003 public
hearing showing the existing landscaping buffer at the northern edge of the subject property.
The Applicant is required to extend the existing masonry fence along the full length of the
southern boundary of the property and replace the trees in the 5' wide southern buffer with
shrubs and bushes to match the existing landscaping to the east.
2. Setbacks: The proposed structure is subject to all required setbacks ofthe C-C zone.
The submitted site plan appears to meet all of the required setbacks, notwithstanding the
required landscape buffers.
3. Water/sewer: This facility is currently served by the City of Meridian's sanitary
sewer and water systems. Water and sewer assessments shall be paid with the issuance of
building permits.
STANDARD REQUIREMENTS
1. Existing trees shall be protected and retained in accordance with Meridian City Code
12-13-13.
2. Off-street parking shall be provided in accordance with the City of Meridian Zoning
and Development Ordinance and/or as detailed insite-specific requirements. All parking and
areas of circulation shall be improved with a hard surface in accordance with Meridian City
Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan
and Ordinance 11-13-4.F.
3. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
4. 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
azeas. All drainage water is to be maintained on-site. Stone water treatment and disposal
must be designed in accordance with Department of Environmental Quality 1997 publication
Catalog of Stone 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
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -VAN HEES PROPERTIES, LLC
FOR HARK'S CORNER (CUP-03-009)
PAGE 2 OF 8
Wells.
5. 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.
6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe
City Zoning and Development Ordinance or as specifically approved. All signage is subject
to design review and shall require separate permits.
Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a letter
of approval from their office when applying for a Certificate of Zoning Compliance (CZC).
9. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder must acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
ordinance.
C. Adopt the Recommendations of ACRD as follows:
ACHD conditions and requirements from File No. AZ-01-007 & CUP-01-011 also apply to
this application
Site Specific Requirements:
1. Dedicate 45-feet ofright-of--way from the centerline of Linder Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (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.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERNIlT - VAN HEES PROPERTIES, LLC
FOR HARK' S CORNER (CUP-03-009)
PAGE 3 OF 8
2. The existing 36-foot wide driveway on Linder Road located at the south property
line, approximately 220-feet south of the signalized intersection at Franklin Road, is
approved with this application as a right-in/right-out/left-in driveway. Construct a traffic
island/median on Linder Road to restrict left-out traffic. The applicant shall coordinate
the design and location of the traffic island/median with District staff.
3. Staff recommends that the applicant either utilize the existing 36-foot wide right-
in/right-out driveway on Franklin Road located a minimum of 220-feet from the
intersection asright-in/right-out, OR construct a 35-foot wide full access driveway on
Franklin Road located a minimum of 315-feet from the intersection. If the applicant
constructs aright-in/right-out driveway, then the applicant shall install a median in
Franklin Road located 50-feet west of the stop bar at Linder Road, and extending 50-feet
west of the western edge of driveway on Franklin Road.
4. If the applicant chooses to construct aright-in/right-out driveway located 220-feet
west of Linder Road, then a second driveway could be constructed located 440-feet west
of Linder Road, and located to align or offset a minimum of 150-feet from any existing or
proposed driveways on the north side of Franklin Road (Cafazelli Subdivision -approved
in 2000). If the applicant chooses to construct a full access driveway located 315-feet
west of Linder Road, then a second driveway could be constructed located to align or
offset a minimum of 150-feet from any existing or proposed driveways on the north side
of Franklin Road (Cafazelli Subdivision -approved in 2000).
5. Pave the driveways on Franklin Road their full width and at least 30-feet into the
site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
6. Pave the driveway on Linder Road its full width and at least 30-feet into the site
beyond the edge of pavement of Linder Road with 15-foot curb radii.
7. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel,
where there aze not currently improvements. Extend the sidewalk from its existing
location and alignment.
8. All existing/proposed irrigation facilities shall be relocated outside of the right-of-
way on Linder Road and Franklin Road.
9. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -VAN HEES PROPERTIES, LLC
FOR HARK'S CORNER (CUP-03-009)
PAGE 4 OF 8
10. Replace unused curb cuts on Franklin Road with standazd curb, gutter and
concrete sidewalk to match existing improvements.
11. Other than the access points specifically approved with this application, direct lot
or parcel access to Linder Road or Franklin Road is prohibited.
standazd Requirements:
1. A request for modification, variance or waiver of any requirement or policy
outlined herein shall be made in writing to the ACHD Planning and Development
Supervisor. The request shall specifically identify each requirement to be reconsidered
and include a written explanation of why such a requirement would result in a substantial
hazdship or inequity. The written request shall be submitted to the District no later than
9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be
rescheduled for discussion with the Commission on the next available meeting agenda.
(Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission
action do not provide sufficient time for District staff to remove the item from the consent
agenda and report to the Commission regarding the requested modification, variance or
waiver. Those items will be acted on by the Commission unless removed from the
agenda by the Commission.)
2. After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and Development
Supervisor within six days of the action and shall include a minimum fee of $110.00.
The request for reconsideration shall specifically identify each requirement to be
reconsidered and include written documentation of data that was not available to the
Commission at the time of its original decision. The request for reconsideration will be
heard by the District Commission at the next regular meeting of the Commission. If the
Commission agrees to reconsider the action, the applicant will be notified of the date and
time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #193, also known as Ada County Highway District Road
Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMTf - VAN HEES PROPERTIES, LLC
FOR HARK'S CORNER (CUP-03-009)
PAGE 5 OF 8
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
6. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
7. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
8. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
9. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC
FOR HARK'S CORNER (CUP-03-009)
PAGE 6 OF 8
3. All roads shall have a fuming radius of 28' inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. UFC 902.2.2.1
$. Adopt the Recommendations of Central District Health Department as follows:
Plans are required to be submitted for a plan review'for any food establishment.
2. Please contact Deb Carney at CDHD 327-8527.
F. Adopt the Recommendations of Sanitary Service as follows:
1. Allow 10' minimum clearance inside of the gate posts & 2 openings.
G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. If any storm drainage leaves the site, the irrigation district will require that the
applicant file a Land Use Change/Site Application with the irrigation district for
it's review.
H. Adopt the action of the City Council taken at their May 6, 2003 meeting as follows:
For clarification, pertaining to the eight foot concrete wall along the southern part of
the project, said eight foot concrete wall shall extend all the way to the west
boundary behind the retail uses, which wall is shown to extend on the Site Plan
(Landscape Plan), with a date of 5/2003, as stated in public record on May 6, 2003,
by the applicant Larry Van Hees.
3. The above conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application for a conditional use permit.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -VAN HEES PROPERTIES, LLC
FOR HARK'S CORNER (CUP-03-009)
PAGE 7 OF 8
4. Notice to Permit Holder, this conditional use permit is not transferable without complying
with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to the permit.
By action of the City Council at its regular meeting held on the rLO~ day of
2003.
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the
and City Attorney.
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ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC
FOR HARK'S CORNER (CUP-03-009)
PAGE 8 OF 8