HomeMy WebLinkAboutCarls Jr CUP 03-017BEFORE THE MERIDIAN CITY COUNCIL
C/C 06/03/03
IN THE MATTER OF THE REQUEST )
FOR CONDITIONAL USE PERMIT FOR )
A CARL'S JR IN A C-G ZONE, )
LOCATED ON THE CORNER OF MAIN )
STREET AND MERIDIAN ROAD, MERIDIAN)
IDAHO )
BY: CLAYTON JONES, )
APPLICANT. )
CUP-03-017
ORDER OF DENIAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on June 3, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:00 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 Anna Powell Planning
Director for the Planning and Zoning Department, Billy Ray Strite, John Nelson, Jonathan Gibbs,
Phil Atteberry, Dan Skinner, and JoAnn Butler, 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.
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. / (CUP-03-017)
PAGE 1 OF 7
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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 of I.C. §§ 67-6509 and 67-
6512 and §§ 11-2-416 E and 11-2-418 E.
3. The proposed location of the applicant's business is at the former KFC site, on the
comer of Main Street and Meridian Road, (the northern corner of the intersection of Meridian
Road, 1 sc Street and Central Drive), Meridian, Idaho. The owner of record of the subj ect property
is G & H Enterprises II, P.O. Box 10998, Boise, Idaho 83719-0008. The applicant is Clayton
Jones for Carl's Jr., 3413 N. Cole Road, Ste. 128, Boise, Idaho.
4. The City Council recognizes the concerns of Patrick McKeegan expressed in his
letter dated Apri129, 2003.
5. 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 C-G zoning.
6. The proposed use would be for a Cazl's Jr. restaurant with adrive-through
window in a C-G zone. 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
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERNIIT BY CLAYTON JONES
FOR CARL'S JR. / (CUP-03-017)
PAGE 2 OF 7
their conditional use permit, one of the conditions of approval was to abandon the drive-through
use of the existing KFC building (File No. CUP-Ol-021, FF/CL 12.2, pg 5.). While the proposed
application is for the construction of a new building and the new drive-through will be
constructed in a different location than the previous drive-through, the intent of the condition of
approval was to prohibit a second drive-through on the property. The applicant is required to
apply for a Planned Development because the proposed KFC building will be the second
structure on the subject parcel. The MCC requires a Planned Development to provide two
amenities as a part of a Planned Development. These amenities can either be two of the
amenities listed in Section 12-6-2 of the MCC or other amenities appropriate to the size and use
of the development as proposed by the applicant and approved by the Commission and Council.
Applicant proposed a "Welcome to Meridian" sign as an amenity, a raised delineated pedestrian
walk out to East ls` Street from the back side of the drive-through, and a memorial bench with a
three-flag setup for the site. The KFC/A&W restaurant was approved by Council before
amenities were required by Planned Developments.
7. There is much concern about the configuration of the proposed drive-through for
the restaurant. The configuration requires pedestrian customers of the restaurant to walk across
the drive-through of the restaurant to access the entrance to the restaurant. Putting pedestrians in
the pathway of vehicles creates a potentially dangerous situation for pedestrians.
8. One of the previous issues, CUP-02-026, pertained to the access off of Meridian
Road. Negotiations have been made with ACHD, and a directional left-right and raised median
have been approved by the Ada County Highway District.
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. / (CUP-03-017)
PAGE 3 OF 7
9. Another previous issue, CUP-02-026, was over the site congestion, and the
applicant's new design would tear down the existing KFC building and construct a new building,
and also to allow for more parking spaces. The applicant has reduced the square footage with the
new design to seat 44 customers, and increasing parking to 55 spaces.
10. Applicant proposes that the design of the new drive-through would lessen the
amount of customers needing to park and enter the restaurant building, as the drive-through
would provide faster service. Additionally, the applicant is proposing to use decorative wrought
iron railings on both sides of the drive-through with a raised delineated walk with flashers, with
signage, for pedestrian safety.
11. The applicant proposes as its amenities the following: a) a raised, delineated
pedestrian walk out to East ls` Street from the back side of the drive-through; b) a memorial
bench with athree-flag setup; and c) and a "Welcome to Meridian" sign.
12. Business owners of Taco Bell and the new A&W/KFC located between the
proposed use, already experience traffic congestion at certain times of the day and night, and the
proposed use would significantly impact the traffic and add additional congestion to the area.
Additionally, the new design of the drive-through blocks the crosswalk, since the design
proposes to have the crosswalk access the drive-through and therefore, safety of the pedestrians
then becomes an issue.
13. More likely than not, the additional proposed use with adrive-through, in the
same lot area would increase the problems cited above.
14. The size of the site along with compatibility, including changes to the present
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. / (CUP-03-017)
PAGE 4 OF 7
area, are of major concern.
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 customers because of the design of the
drive-through and having the customers walk across the drive-through access and this 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
character of the general vicinity and that such use would adversely change the essential character
of the same area due to traffic congestion.
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
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. / (CUP-03-017)
PAGE 5 OF 7
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.
Dated this Z~~day of c~~' , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN WM. L. M. NARY
VOTED
V OTED_C~
VOTED n `J~^'t
VOTED_
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ,~-Z`~ O3
MOTION:
APPROVED:_~ DISAPPROVED:
~_
„~~~~~~~~~~M~yor Robert D. Cowie
Attest: \,.`o~y OF ~E+~1t)/q~'%,,o
` v ~G~aPORy rFa ti
~~ ~~
~7
William G. Berg, Jr., Cit C1 rk ~p .,9°
~''~p,~c0 U I V T `t ,"``~~~```~
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. / (CUP-03-017)
PAGE 6 OF 7
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
By: ~ Dated:
City Clerk
~-Z~-D3
Z:\Work\MVvleridian\Meridian 15360M\Carl's Jr. CUP 03 017\FFCLOrdCUPDenia 06 12 03.doc
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. / (CUP-03-017)
PAGE 7 OF 7
~~~~nwinu~~iq
\ ~,.~~y pf AAEgf~~ ~,,~
Cr~\~~~aPOR,gr~~9~G
~,~~a.~,
/ ~~'~ COUNTY . ~pQ'`~~.
~~~~~irlni ulu\~~a