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HomeMy WebLinkAboutNanni, Marie CUPrOFFICIAL3 ~ HUB OF TREASURE VALLEY >~ COUNCIL MEMBERS WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON JANICE L. GABS, Clty Troasurer w CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW BRUCE D. STUART, Wst ~ ore $~Dt. P b Z COMMISSION JOHN T. SHAWCROFT, Waste Watar Supt. DENNIS J. SUMMERS Parka supt. 33 EAST IDAHO JIM JOHNSON, Chairman , SHARI S. STILES, P 32 Adm. MERIDIAN, IDAHO 83642 MOE ALIDJANI JIM SHEARER KENNETH W. BOWERS, Flro Chlet W. L "BILL" GORDON, Police Chlsf Phone (208) 888-4433 • FAX (208) 887813 RECEIVED CHARLIE ROUNTREE TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney public WO[ks/$uilding DcpartmCnt (208) 887-2211 GRANT P. KINGSFORD S E P 1 81995 ~>~ crr~ of ~c~~nuN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJ ECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sti Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert & Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE comer of East 1st St. and Pine St. -JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _606 CORRIE, C/C WALT MORROW, C!C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUR s ,~ECLAMATION(PRELIM 8 FINAL PLAT) OTHER: YOUR CONCISE REMARKS: • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Albert W and Susan M Berner and Marie D Nanni PHONE: 208-888-5447 ADDRESS: GENERAL LOCATION . Old Town District/N. E. corner of East 1st St and Pine St. Operation of a full service DESCRIPTION OF PROPOSED CONDITIONAL USE: family restaurant. Name is Paisanos' Italian Restaurant. ZONING CLASSIFICATION: 'SAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. ~I ~~~ ~~` ,~~ , ~ ~ f r ' Signature of Applicant 197-42-4001 Social Security Number ,~ I consent to the conditional use of the d'scr~~ p~bperty~ for a family, restauran ~~ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at 906 East 1st St. Merdian ID 83642 R/4 residential and limited office. SUBDIVISION, BLOCK ,LOT TO a ~ City of Meridian -Application for a conditional use permit. 1. Albert W and Susan M Berner, 2050 W Sandalwood Dr, Meridian ID 83642-1369 (208) 888-5447 Marie D Nanni 1046 Tammy Dr, Meridian ID 83642 (208) 888-9689 2. Loyd E and Sally M Jones, 1420 Elm Pl, Meridian ID 83642 (208) 888-1268 3. See attachment A. 4. See attachment B. 5. Retail, Limited office 6. Val's Furniture and Appliance 7. Family restaurant 8. Old Town District, ~; limited office. 9. Attachments C. 10. The characteristics of the subject property which make a conditional use desirable are, 1. Good visibility due to high vehicular and pedestrian traffic. 2. Sufficient square footage to operate a small (approximate seating for 60) family restaurant. 3. Established water, sewer, gas and electric services. 4. There is a lower density of vehicular traffic relative to other potential sites for this type of business. 11. Attachments D. 12. Check # 2533 attached as payment of applicable fees. 13. The above named applicant's/user's of the subject property hereby agree to payment of any addtional sewer, water and trash fee's or charges associated with the proposed conditional use. J~.«GUUL<'+ <i DESCRIPTION OF REAL PROPERTY ~lT~"L' ffr~i ~T f~ The South 80 feet of Lots 1, 2, and 3 in Block 2 of F. A. NOURSE'S FIRST ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 2 of Plats at Page 53, Official Records of Ada County, Idaho. `~1T OF TRUST • (W POWER OF SALE) TH[S DEED OF TRUST, Madc this _-_2nd -- --_.___ day of -_M8Y_-___.._-____, 19_95_..- BETWEEN, _L~yd F., ___._,. _._ ~Is~I~ILSL_S~IlX...-M,._.,I4n~~.._hustzand_and__wife._-._.____._..___.._____.__--....._-.___.___..._.... herein called TRUSTOR, IN~mr of T,usmq First 'eriean_~t~e~g~pal-y_of ?C~@hg,-?,~~,~ an I~~h~~o;<RQY~~~QII. called TRUSTEE, whose address INcme of Trusmel is ._. 7311 Potomac _Driye,___.Boise,, Idaho _83704._.,..___- ,and BENEFICIAL MORTGAGE CO. OF IDAHO, a Delaware corporation qualified to do business in Idaho, whose address is ._15Q4-_&Q_F~.YS. Mile_ Rd . . _. 13Qiae ...._ _..___., S~hQ-$3702._-..___ _-___ herein called "Beneficiary". WITNESSETH: That Trustor does hereby irrevocably GRANT BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of --_Aa8_...-_. _ _-_.__ _. _.-._, State of Idaho containing not more than twenty acres, hereafter referred to as the "Property": (See nttuched Schedule A fur legal description ujmorrguged premises) CI If this box is checked, this Deed of Trust is subject to a prior deed of trust dated _...__~N/.A_~_.._, 19N/A ,executed by .N/A-------------....__. -..-.....--- ------~-----~------_..------__.._ . as trustor(s) to N/A..__~~____ _...___.-___ ___... _ ,..__.- _-_ ._...----.__ .......-----.._ ._._.... . as trustee for the benefit of __N/A..__.._.___.------._ .. __ ..--. _.-.....-__-_ .__..----.--........_.. __.._.... _.__..___.-.._._..... _ , as beneficiary, securing payment of a promissory note in the principal amount of $.... --N/A-_..._ _ _ That prior deed of trust was recorded nn N/A . _._.__.- .___..-. , 19. N/A with the Recorder of ...N/l1. _.. ... County, Idaho in Book N/A , page N/A ., For the Purpose of Securing Payment of a Credit Line Account Agreement of even date herewith, referred to hcrcaftcr as "A ~reement'l, by which the aforementioned Beneficiary is obligated to make loans anJ advances, including the Irtlitial Advance, up to $ )600x000.00 ,referred to hcrcaftcr as the "Credit Line", said Agreement being repayable in Schaluled P:rymcm Amount 1'ayntcnts beginning one month from the date of the Agrcemcnt, the numhcr of which being hosed tin an anumiratiun poriuJ of 360 months, it is the express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid liar all such advances together with interest thereon. Notwithstanding any other payment dates at!reed to by the Trusor sect the Beneficiary this Deed of Trust shall terminate 20 years from the date hereof. A. 71r protect the security of this Used of 'IYusl, Trustor agrees: I. To keep the Property in good condition and repair; not to remove: or demolish any building on the Property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed on the Property and to pay, when due, all claims for labor performed and materials furnished for the erection of any building; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer or permit any act upon the Property in violation of law; to cultivate, irrigate, fertilize, funtig:tte, prune and do all other acts which from the cltaracler or use of the Property may be reasonably necessary; she specific enumerations herein not excluding general enumerations. 2. To provide, maintain and deliver to Beneficiary evidence of fire insurance satisfactory to and with loss p:tyablc to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any Indebtedness and in such order as Beneficiary may determine, or, at option of Beneficiary, the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. ' 3. To appear in and defend any action or proceeding purporting to s,ffect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and auorncy's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. 7b ~tay at least 10 days before delinquency all taxes and assessments affecting the Property, when due, all encumbrances, charges and 1 ens, with interest, on the Property, which appear to be prior or superior to this Deed of Trust: all costa, fees and expenses of this Trust. 5. 7b pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions of this Deed of Trust together with interest from date of expenditure at the Rate of Charge set forth in the Agrcemcnt. 6. ShoulJ Trustor fail to make any payment or to do any act provided for in this Deed of Trust, then Beneficiary or Tntstec, but without obligation so to do, without n,aice tour demand upcm Tnlstur and without releasing Tntsktt from any ohligation under this Deed of 'frost, may make or do the same in s'.tch nvauter and to such extent as either may du:m necessary w ptntcct the sccuriry. Beneficiary ur Trustee is autlwrired to enter upcm th; Prolxrtty lia• such purposes; appear in and del'cnJ any action ur pnxecding purlxnting a, al7ect the security or the rights or powers of Beneficiary ur'I'rustce; pay, purchase, contest or eontpromise any encumbrutce, charge ur lien which in the judgment of either appears to he prior or superior hereto; and, in exercising troy such pcnvcn, or, in enforcing This Deed ul"I'mst by judicial foreclosure, pay necessary expenses, emphry counsel and p:ry the reasonttblc fees of counsel. IS. ll Is mutually agreed lhaL• I . Any award of damages in connection with any condemnation for public use of or injury to the Property is hereby assigned and shall be paid to Beneficiary who may apply or release sac h moneys received by him in the same manner and with the same effect ax above provided fiir disposition or proceeds of tiro or other insurance, 2. By accepting payment of any sum secured hereby slier its due date, Beneficiary does nut waive its right either to rcyuirc prompt payment, when due, of all other sums so secured or to declare default for I:~ilure so to pay. 3. At any time or from time to time, without liability therefor and without notice, upon wriucn rcyuest of Beneficiary and presentation of this Dccd of'I'rust and the Agreement fur cndoncment, and without affccti.ng the personal liahiliry of any person for payment of the Indebtcdncss, Trustee may (a) rca>nvey all or part of said property, (b) consent to the making of any map or plat thereof, (c) join in granting any easement thereon; o'r (d) join in any extension ogrcement or any agreenum subordinating the lien or charge of this Decd of Trust. 4. Upon (a) wriUCr reyucst of dcncliciary stating that ell sums secured by this Decd of Trust have been paid, (bI surrender of this Decd of Trust :utd llp~• Agrcemcnt nt 'T'rustee lift canccllaliun and retention :uxl (c) payment of its fees, 'T'rustee shall trconvey, without warranty, Ute Pris~erty. 'I'hc recitals in :uty roeunvcy:utcc executed under this Dced of 'T'rust of any matters ur facts shall he conclusive proof of the truthfulness thacol'. 'T'he grantee in such reconvcyance instrument may be Described as "the person or persons legally entitled thereto." 5. Upon default by Trustor in ptymcnt of the Indebtcdncss or in pcrformancc of any agrecmcm under this Decd of Trust, all sums seeurect by this Ueed of Trust shall immediately become due and payable, al the option of Beneficiary. In the event of default, Beneficiary shall execute or raasc the'I'utstee to execute a written notice of such default and ul'dte'frustce's election wcause w be sold the Property to satisfy the obligations under the Agreement, and shall cause that notice to be recorded in the office ol'the Kccurdcr of the county in which the Property is sitaaleJ. Notice of sale hawing been given as then required by law, with not less than the time then required by law having elapsed, Trustee, without demand on Tnlstur, shall sell fte Property at the time and place fixed in the notice of sale, either as a whale or in separate parcels and in such onler as Trustee nny determine, at public auction to the highest bidder for cash in lawful nuntcy of dte United al. 4 IU40/79/ta), GJ. pcc. '93 c,.,rn,: ,,:,.,n i In nt fiu,n ol's:de.. 'I'rustec shall deliver to th~rchaser its decd conveying the property so sold, but withou~cuvenant nr warranty express or implied. 'I'hc reciudx in such decd of any matters of faces shall be conclusive proof of the truthfulness therco . Any person, including Truslur, "I'rutitec, or Llencliciary, may purchase at such sale. After deducting all costs, fees and expenses of'I'ruslee and of this Trust, including cost of evidence of title and reasonable counsel fees in connection with sale, 'Trustee shall apply the proceeds of sale to payment of (a) all sums expended under the terms of this Dccd of Trust, not then repaid, with accrued interest and (b) all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled thereto. 6. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devises, administrators, executors, successors ante assigns.'I'hc term Trustee shall mean the individuals designated herein as "'Trustee" and each such person shall be authorized to exercise the powers of'Trustee individually or collectively, 'The term Beneficiary shall mean the holder and owner of the Agreement secured by this Deed of Trust; or, if the Agreement has been pledged, the pledgee thereof. In this Decd of Trust, whenever the context so reyuires, the mrsculinc gender includes the feminine and/or neuter, and the singular number includes the plural. 7. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which 'I'rustor, Beneficiary ar Trustee shall be a party unless brougl t by Trustee. 8. Upon the death of one of the Ttvstors, at the option of Beneficiary, the unpaid balance of the Indebtedness, together with accrued interest, may become immediately due and payable. 9, In the event of tlcath, incapacity, disability or resignation of ony one or more of the Trustees, Beneficiary nary substitute a u•uxtcc or Irustces to execute Ihc'I'rust crrdcd by This Dccd of"1'ruxl, ante when any such suhstinnion has been filed for record in the office of the Recorder of the county in which the Property is silualetl, it shall be conclusive evidence of the appoinuncm of substitute uuxtee or trustees. 'fhc new trustee or trustees shall succeed to all of the powers and duties of the trustee or trustees named in this Dccd of 'Trust. 10. Request is hereby made that a copy of any Notice of Ucfault and a copy of any Notice of Sale hereunder be mailed lo'I'rustor at his address set forth above. 11. If Trustors voluntarily shall sell or convey [he Property, in whole or in part, or any intcrest in that Property or by sonic act or means divest themselves of title to the Property without ohutining the written consent of Beneficiary, then Beneficiary, at its option, may declare the entire hnlanec of the loon plus intcrest nn the bulancc inuncdiutcly due and payable. This option shall nut apply if (I) the sale of the Property is permitted becouxe the purchnscr's creditworthiness is satisfactory tc/ BCfICIICIary all(1 (Z) that pUrC118SCr, prior ut the sale, has cxccutcd a written assumption agrecnrent containing terms prescribed by Bcncflciary, including, if rryuircd. an increase in the Ratc of Charge. 12. '1'rusu>rs will pay and keep cun•cnt the monthly instalments on the prior decd of tntsl and to prevent any default thereunder. Trustors further agrec!that should any dcl'auh be made in the pnymcnt of tuty instalment of principal or any intcrest on the prior decd of trust, or should any atilt be rnnanenced or other action taken to foreclose the prior decd of trust, then the amount secured by this Dccd of Trust shall becomd ante be due and payable in full at any lime thereafter, at the option of Beneficiary and in accordance with the Agreement. Beneficiary, at its option, may pay the scheduled monthly instalments on the prior decd of trust ond, to the extent of the amount so paid, become subrogated to the rights of the beneficiary identified in dtc prior deed of trust. All payntcnts rnadc by Beneficiary on the loan secured by the prior deal of trust shall bear interest at the Rate of Charge until paid in full. 13. Mortgagor warrants that (1) the Property has not been used in the past and is not presently usctl for hazardous :md/or toxic waste, (2) the Property complies with nll federal, state and local environmental laws regarding hazardous ante/or toxic waste, (3) asbestos has not been used as a building material on any building erected on the Property in the past, (4) the Property is not presently. used for asbestos storage and (5) the Mortgagor complies with all federal, state and Focal laws, as well as regulations, regarding the use and storage of asbestos. 14. Mortgagor covenants an.l agrees to comply with all federal, state, and local environmental laws in the maintenance and use of the Property. 15. Mortgagor warrants that neither the Property nor the loan proceeds were or will be used in illegal drug activity, and the Property is not subject to seizure by any governmental authority because of any illegal drug activity. IN W[TNESS WHEREOF, Trustor has set his h:md and affixed his seal on the day and year first above written. Signed, sealed anti delivered in the presence of: Witness Witncxx Lo Jon tscaU Sa~l~)y ~M. Jones /A/ - / tseet) tSCAI) (Seal) STATE OF.IDAHO, COUNTY OF j On this . --- ...... ............ day of ---. _.. ~ . _....__... , 19 ..---- before me, a Notary Public in and for s;tid State, personally appeared .____....--------------.._..__...__..__. __...___------- known to •tnc to be the person(s) whose n one(s) is/arc subscribed tu. the within instrunten4 and ackncnvledged to me that he/she/they cxccutcd the same. - ---Nrrkuv PoJdir Residing at ..._ - _.__ .._._......_ .__._ . ._. Idaho. STATE OF IDAHO, COUNTY OF 1 HEREBY CERTIFY That this instrument was filed for record at the request of the Beneficiary BENEFICIAL MORTGAGE CO. OF IDAHO at ._ minutes past ._... o'clock - ---...-------__.M., this _ __.__.... _ day of ....__._._.... , 19... _.. in my office, and duly recorded in Book _.._._ .._ , of Mortgages at page By !_,.n/~rrin urpury FCCS Mail to: BENEFICIAL MORTGAGE CO. OF IDAHO --.- . 'FHE CI(EUl'I' LINE ACCOUNT AGHEEMEN'I', ANU ANY ~,VIUEN('ES (11 PUIt'1'HEIi ANU/Uli AUUI'I'(UNAL AllVANCES, MUST HE PIiESENTEU WI'T'H THIS NEQUES'I' - l9_ You arehereby authorized and requested to exocuto a reconveyance hereunder and deliver same to BENEFICIAL MORTGAGE CO. OF IDhHO.. The undersigned hereby certifies flat beneficiary is the owner and holder of the debt mentioned in this Deed of'fruat and that the same hs never been eseigned or transferred. Attest: ^ BENEFICIAL MORTGAGE CO. OF IDAHO By --~ Vice President (Sent) ~ SecrcMry ,; ~ 221.: 5 //~~~ 22J.~f ~~ . <, ~ , r2 ar_j- - -- _ b J -g- ~~ Y i __.__..__._.... , .. y~_.. _.. _.~~ ~ \~ I I~ Lii~ ] .~1.1._~1~..1._LL WAS+yiNGrON Sr,°~ ~ CARC.TON ~ .,~7';tf~~ ~~1:'- - ~ ~ rea'_ l •~-T-~,-, I .- ~. i i ~ ~ ~ ~ h~~ ix ~- 1 a-i ~--~~~ `lj: ~~ i_. 1 ~ L LS.~--j-+-~+~"" ~~ P/NE - A /E. e eo _. ~, •.~ 9b~ ,r. 90, fie. c ~o:~ ~ c o oI~ a ti _ C `~ ~ F: ~oAHO ~-~~ Q o O ~ R R VE. ~'f . I ~ a ~2 ' t~ ;~ h , ~ ~ o vl ~ ' W i - W t ;~ '0 ~ ~ ~ a ~-~ ° ,-• ~3s 111 ~ ~ ~ o~ ~ { .e BROgOW~9Y ~ a ~9/E. A ~ ' ---~~1„ I h a a A PLANNING ASSN. - ~ SEP i 3::1995 -. J 1 c u _ ~ e ay -~-7- ~. ~ .'~r{~S '4;'~i P ~~s` r rYj-~`E ~j{ V ::~'1 <-'4t ~~I ~ 9. O ..... v t +~ }~, .. .• ,mac, ,~g~.- rr~^~ v~re'~.w; . ~ -y fy _ '~ ` 80. ~ Se ` . ~\; t.~ a. ~~ ~ 80 .ton ~,,.. ~° q 55 7~ 1 i ~ 111 111 I f ' ~., o n II }I ~ r 1 ~ ~-- - __.~ r .- ~ w - ~ 12 M ~,6 MAPLE AVE. 8 1 '~ ~ "~4~~~~i +a 15 16 n 1~ 7 " b t 9 ~ 2 _I ~ ~ t ~,- ,. ~. 4'' 0 'r ~° _. ~ ` rr ; S G"~'"+IE!.liQ AVE. _ . ~ g•. 1 33G.36~ ~ ~HERRY !" 1 ~ ..,: ~?;chi?y/`-'v ~ ~, - „lr~. ~ ,; l2,~ ~ '1 Jo~3) S _+ CH RRYv ~`~ 9 1 ~ ~~ y .2 E Ja. (1 CHEP.F;:' ..AVE ~~ ~ ~ _ _ ~h,~ ASNlA~iGTC,y. ~ `~ ~ /51._ . ~i r S 7 41 ~ ~ '` ~ ~ Z v •~ - d 4 O ' e Ii . t 4 S'7S ~~ ~ s~ySf.~/~G TOE \, ST _ ,-, 8 3 ~ 2 ~ FORA PLANNiNQ ASSN. ~ '' .~ ~: ~ ~~ z ~ - .4 s 6 ~~ a~ 3 4 y SEP i~ 1995 4 _ _ _ L v~ 3 2. 1 9 8 9 8 9 8 a ti v ~ APPLE6ATE ST ~ ARNELIAN Q ~ j ~ ~ r -2 ~. 3 3 3 i4 16 7 18 SUe ~ ~; ~ 2 14 ~ !6 ! ~ !c ! / I •! qvE. o. ~CA ~°LTON" 13 9 B 9 8 '~~: _ . ~ ~ ~ 4, ~r 3 .13• te, r /L - . _ / E '~ , ,,. ` Al~E~ ~. 4- .8 i A~ I ~ Y .'M .3- -~ .... 2 3 4 5 w _,. . `1 sji.~ ' ~J . • - .. _` • . 901.$ ~' esd;:_ ~.f"~; .; .. ~.L , ,. . ~. ,. ,~ Y - ~ Si ..`S.,s ti. - i ~' > 4, r .r's:nY ice,. ~'~ \ 10~"p t.. r ~, ,. F ri ~. ~ ~ ~d.bS K" wv~A' t~r^. ~~.. F y 4^7, t ~.,~" , ~ jf q}• Q If ~ l+M ~R '- $. 's wiyy; ~.. ~, ~~ ~ ~~' ~ Q See' ~wfr~ r .,~ ~. - ~ 6~ ~ _ - }t ~ i -V ~4~'° 4i ." ~"- 4,~ts ~ i;~i ~ ~ ~ xC ' ~ i ~' ~,~' ~ ~ ~QD: 'fir, t - T~ ~t~ ~:~ ` ~~ Addresses within 300' of proposed lease for PAISANOS' Restaurant at location: 906 E 1st St, Meridian, ID 83642 1 917 E 1st Joseph Johnson II 4375 RoseHill Ct Boise, ID 83705-1361 2 916 E 1st Terry & Renee Stewart 451 E 1st Meridian, ID 83642 3 906 E 1st (this is the proposed location above) Loyd & Sally Jones 1420 Elm Pl Meridian, ID 83642 4 116 E Pine Richard & Marlene Eborn PSC #2 Box 743 APO, AA 34002 5 58 E Pine Valley Shepherd Church of the Nazarene 831 E 1st Meridian, ID 83642 6 124 E Pine Ray Atkinson 124 E Pine Meridian, ID 83680 7 121 E State Earl & Burnetta Aldrich 121 E State Meridian, ID 83642-2344 8 115 E State E E & Virginia Brinegar 1639 Conant Ave Burley, ID 83318 9 930 E 1st Ron & Linda Yanks 4414 S Gekeler Boise, ID 83705 certadd.doc 9/6/95 Page 1 PAISANOS' Restaurant . ~. ~. 10 925 E lst Polly Peterson 844 Horizon Way Nampa, ID 83686-8330 11 55 E State Harry & Margaret Paulin 55 E State Meridian, ID 83642 • /~i~C'~yL~'7UT ,~ f7 12 831 E 1st (this is a duplication of #5 above) Church of the Nazarene of Meridian 831 E 1st Meridian, ID 83642 13 121 E Pine City of Meridian 33 E Idaho Meridian, ID 83642 14 111 E Pine Ralph & Fern VanPaepeghem 1490 Carol Meridian, ID 83642 certadd.doc 9/6/95 Page 2 PAISANOS' Restaurant NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 10, 1995, for the purpose of reviewing and considering the Application of Albert & Susan Berner and Marie Nanni, for a Conditional Use Permit for land located in the Lots 1, 2, 3 of F.A. Nourse's First Addition, Boise Meridian, Ada County, Idaho, and which property is generally located on the NE comer of East 1st St and Pine St. The Application requests a Conditional Use Permit for the operation of a full service family restaurant called Paisanos Italian Restaurant. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 18th day of September, 1995. f iZ~~G~---s~- WILLIAM G. BERG, JR., C CLERK ---- --~ , -T- '~J ~ ~zo ~,j - - -- - j - 3' .~~ --+-- - Y ~ - _ ~ -~.- _._. _ _ _..., r ~ ~ Y ~ _ r~r0 dl_ _. L. - _ __. iY~ , i i -----! 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SUMMERS, Parks Supt. SHARI S. STILES, P F 2 Adm. KENNETH W. BOWERS, Flrs Chist W. L "SILL" GORDON, Pollcs Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (ZOS) 887813 Public Works/Building De:partmrnt (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P t: 2 COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert ~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St. and Pine St. _JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENT ~p,~;~,Z~1C~.HEALTki..,.,,,_,., ... _ _ GRANT KINGSFORD, MAYOR ~ "- l~IiA~Rll~f~kIRRFGATl01~# DIBTRIGT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELiM 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Hunter Lateral courses along the south CITY ATTORNEY boundary of the protect. The right-of-wa of the CITY ENGINEER Hunter Lateral is 40 feet: 20 feet from the center each CITY PLANNER w~,y_. See Idaho Code 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The develo er must contact John Anderson or BiTl~enson at Nampa & Meridian Irrigation II~istrict, 466-0663 or 345-2431, for approval a ore any encroachment or change of ri ght-of-way occurs. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site If any drainage leaves the site. Nampa & Meridian must review drainage plans It is recommended that irrigation watQr be made available to a ll developments within Nampa & Meridian Irrigation District. This n;sr,-;ter- r a~rPS that a L•an Use Change/Site Developmen[ application be filed for review prior to final. platti ng. Contact Donna Moore at 343-1884 or 466-7861 for further information. j3~~~~~. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Troaeurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, WNer Works Supt. JOHN T. SHAWCROFT, Weete Watsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chlef W. L. "BILL" OORDON, Pollce CAlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208)887-2211 GRANT P. KINGSFORD Malror COUNCIL MEMSER8 RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE wALT w. MoRROw P 3 Z COMMISSION JIM JOHNSON, Chalnnan MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3.1995 TRANSMITTAL DATE: 9/18195 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert 8~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE comer of East 1st St. and Pine St. _JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATI ,(P ELIM 8 FINAL PLA CITY FILES - `~~ J OTHER: YOUR CONCISE REMARKS: RECEIVED S EP 2 2 1995 CITY OF MERIDIAN ~ HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live MAX YERRINGTON ROBERT 0. CORRIE JANICE L GASS, Clty Troasurer WALT W. MORROW GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. P 8 Z COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO JIM JOHNSON, Chairman DENNIS J. SUMMERS, Parks supt. MOE ALIDJANI SHARI S. STILES, P 6 Z Adm. IDAHO 83642 IViERIDIAN JIM SNEAKER KENNETH W. BOWERS, Flre Chief W. L "BILL" GOROON, Police Chisf , Phone (208) 888-4433 • FAX (208)887.4813 CHARLIE ROUNTREE TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3,.1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert ~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St. and Pine St. -JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT ,-SEWER DEPARTMENT BUILDING DEPARTMENT f ~g. ~~ `x -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES /)` ~O _ ~ ~`- ATIaFR • `~/ J YOUR CONCISE REMARKS: S c v i !~ t- y2 ~a 'e, L O o r ,o S f'Ru-rb ~ ~~ I~Y ~9(r i~ll~~e~1~~ • n-~ 4 C T 2 5 195 ~I ~. LITY Ul- ~~~l~j JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary October 20, 1995 TO: Albert and Susan Berner and Marie Nanni 906E 1st Street Meridian, ID 83642 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MCU-18-95 Full Service Restaurant Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 18, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • • ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-18-95/MV-2-95 906 E. 1st Street Restaurant in existing building The applicant is requesting conditional use approval for a full service restaurant and a variance to allow on street parking and limited outdoor seating with permission from ACHD. The site is located at the northeast corner of East 1st Street and Pine Avenue. This development is estimated to generate 300 additional vehicle trips per day. Roads impacted by this development: East 1st Street -Minor arterial with bike route designation - No traffic count available Pine Avenue -Local street with no pathway designation - No traffic count available ACHD Commission Date -October 18, 1995 - 12:00 p.m. ~ • • Facts and Findings: A. General Information R-4 -Zoning 0.16 -Acres 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District East 1st Street Minor arterial with bike route designation No traffic count available 80-feet of frontage 80-feet existing right-of--way (40-feet from centerline) No additional required right-of--way East 1st Street is improved with an average 52-foot street section with curb, gutter and sidewalk. The roadway is designed with diagonal parking abutting this site and was rebuilt approximately four years ago. Pine Avenue Local street with no pathway designation No traffic count available 90-feet of frontage 80-feet existing right-of--way No additional required right-of--way Pine Avenue is improved with an average 49-foot street section with curb, gutter and sidewalk. There is a portion of sidewalk missing on Pine Avenue (at the location of an existing water meter). Staff recommends that the applicant replace the missing portion of sidewalk if it abuts this parcel. B. There is an existing building located at this site. The applicant is proposing to use the building as a restaurant with an outside dining area to be located on the sidewalk. Staff recommends that applicant obtain a license agreement from the District for the use of the public right-of--way for commercial activities. Staff also recommends that a clear pedestrian walkway be maintained, to be a minimum of 5-feet between the proposed outside cafe and any existing street signs and utility poles abutting the street. C. There are no driveways on East lst Street and none are proposed. D. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. MCU 1895 V. WPD Page 2 • • E. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on October 10, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: Utility street cuts in the new pavement on East 1st Street will not be allowed unless approved by the District Commission. 2. The applicant shall obtain a license agreement from the District for the use of the public right-of--way for commercial activities prior to issuance of occupancy permit. 3. The applicant shall maintain a clear pedestrian wa'.kway, to be a minimum of 5-feet between the proposed outside cafe and any existing street signs and/or utility poles abutting the street. 4. Replace the missing portion of sidewalk on Pine Avenue (if it abuts this parcel) prior to issuance of occupancy permit. 5. No new driveways are approved with this application. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically id n i each requirement to be reconsidered and include a written explanation of vy~y such a requirement would result in a substantial hardship or i_n_equity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar davs of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifically identi each rPn,~ire,»Pnr ro be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 3. Aright-of--way permit must be obtained from ACRD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission. Contact Construction Services at 345- 7667 (with file number) for details. , MCU 1895 V. WPD Page 3 •4. Submit site drainage plans and calculations for review and appropriate action b ACHD rior Y P to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 6. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 7. 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. 8. 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. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Date of Commission Approval: MCU1895V.WPD Page 4 CENTRAL CE •• DISTRICT ~'R'HEALTH DEPARTMENT L DISTRICT HEALTH DEPA Environmental Health Division ENT Rezone # Return to: ` ^ Boise ~~,~ ~ ~ ~=`~~% ^ Eagle w &"~ ~~ ~ F. i'~i ~~'.. ~~ ~ ^ Garden city Conditional Use # /`r-'~~ fr.~`'~~ ~ ~-Meridian ^ Kuna Prelim,~i/nary /Final /Short Plat ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: 1~-central sewage ^ community sewage system ^ community water well ^ interim sewage ~' central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ I o. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~, 14. We will require plans be submitted for a plan review for any: ''food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,~ ^ 15. Date: ~/ ~J/~ Reviewed By: Revie Sheet CDND ID/91 rcA, rev. I/9S ~ ~ ~tECEt~' ~~ oct 05 ~ CITY OF tNttciuir~. '~~~~ ~t ~ ~ief~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 04 October 1995 Boise 343-1884 SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit for a Full Service Restaurant Albert & Susan Berner and Marie Nanni To Whom It Concern: Further investigation of these plans reveals that there will be no impact on the District, and we have no further comment. Sincerely, Daren R. Coon, Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/jas enc. pc: File Board of Directors Water Superintendent Albert & Susan Berner, Marie i3anni APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ ~ • HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS w L,'FFICIALS RONALD R. TOLSMA WILLIfiM G. BERG, Jr., Clty Clerk A Good Place to Live MAX YERRINGTON JANICE L GASS, Clty Troaaurer ROBERT D. CORRIE - WALT W. MORROW W r CITY OF MERIDIA N k Supt. BRUCE D. STUART, Watsr o P d 2 COMMISSION JOHN T. SHAWCROFT, Wsste Watsr Supt. Parke supt. DENNIS J. SUMMERS 33 EAST IDAHO JIM JOHNSON, Chdrman , SHARI S. STILES, P 32 Adm. 1VIEItIDIAN, IDAHO 83642 MOE AUDJANI JIM SHEARER KENNETH W. BOWERS, Flre Chlef W. L. "BILL" GORDON, Pollce Chfef Phone (208) 888-4433 • FAX (208) 887.813 RECEI~IED CHARLIE ROUNTREE TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public WorksBuilding Department (208) 887-221 I GRANT P. KINGSFORD O C T - II 1995 Mayor CITY OF IaAfERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3 1995 TRANSMITTAL DATE: 9/18195 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert S~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St and Pine St _JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENT ~, .. , . , ,w..... , GRANT KINGSFORD, MAYO r R RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8r FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8- FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Hunter Lateral courses along the south CITY ATTORNEY boundary of the proiect. The right-of-way of the CITY ENGINEER Hunter Lateral is 40 feet: 20 feet from the center each CITY PLANNER why See Idaho Code 42- 1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill e~nson at Nampa & Meridian Irrigation F~'istrict, 466-0663 or 345-2431, for approval before any encroachment or change of ri ght-of-way occurs. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any drainage leaves the site Nampa & Meridian must review drainage plans. It is recommended that irrigation water be made available to a ll developments within Nampa & Meridian Irrigation District. This niGtrict requires that a Land Use Change/Site Development application be filed for review prior to final platti ng. Contact Donna Moore at 343-1884 or 466-7861 for further information. ~~~ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District .,,. , • RECEIVED 0 C T - ~ 1995 CITY OF N1Ef~1DlAN ~c fir ~i~t~uC>t 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 03 October 1995 Boise 343-1884 SHOP: Nampa 466-0663 Albert W. & Susan M. Berner Bose 345-2431 Marie D. Nanni 906 East 1st Street Meridian, ID 83642 RE: Land Use Change Application for Paisanos' Italian Restaurant Dear Mr. & Mrs. Berner and Ms. Nanni: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above referenced development. If you have any questions concerning this matter, please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent, at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/jas pc: File Water Superintendent ~C"ity of Meridian Roylance & Associates, P.A. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 ~""'~ OFFICIAL8 WILLIAM G. BERG, Jr., Clly Clsrk JANICE L. GABS, Clry Treasurer GARY D. SMITH, P.E. Clry Engineer BRUCE D. STUART, wale. works supt. JOHN T. 8HAWCROFr, Waste Water supt. DENNIS J. SUMMERS, Parks Supt. SNARI s. STILES, P ti 2 Adm. KENNETH W. BOWERS, RnChlef W. L "BILL" GOROON, Police Chlsf WAYNE G. CROOKSTON, JR., Attorney HUBOFTRFr4SUREVALLEY~ COUNCILMEMBERs A Good PIacC to Live MAX YERRINGTONA CITY OF MERIDLAN ROBERT D. CORRIE WALT W. MORROW P 62COMMI8810N 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO 83642 MOE AuDJANI JIM SNEAKER Phone (208) ggg-4433 • FA}C (206) 887.4813 CHARLIE ROUNTREE TIM NEPPER Public Works/Building Department (208)887-2211 GRANT P. IQNGSFORD TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian P-tanning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 31995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST:~onditional Use Permit for a full service restaurant BY: Albert 8: Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE comer of East 1st St. and Pine St. _JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER W!7 `C7 ~~te+~ lit illy ~ f ~. 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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approve~s/these Findings of Fact and Conclusions of Law on this ~~day of /u `~~'~"~~~`~' , 1995. COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED (l~/~'' MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~~- ~ ~~~~~ WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depaztment (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. HINGSFORD Mayor 1v~MORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer GOUNGIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMI LION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 5, 1995 Re; FULL SERVICE RESTAURANT (Request for Conditional Use Permit - by Albert & Susan Berner and Marie Nanni) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. A drainage plan designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking areas. The drainage plan shall be submitted for review and approval by the City Engineer. (Ord. 557, 10-1-91). 3. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D. 3 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D.4 and 11-2-414. D.5 of the City of Meridian Zoning and Development Ordinance. 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 6. All construction shall conform to the requirements of the Americans with Disabilities Act. 7. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed during the building plan review process. Please provide any information that you may have with regards to your anticipated water demand. C: \WPWIN601GENERAL\PAISANOS. P&Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAX YERRINGTON WALT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Sham Planning & Zoning Administrator DATE: October 6, 1995 SUBJECT: Conditional Use Permit for aFull-service Italian Restaurant by Al and Susan Berner - 906 East First Street It should be noted that, in conjunction with this request for Conditional Use Permit, a variance application has been submitted which will be heard at City Council on 10/ 17/95. The variances requested involve off-street parking requirements, outdoor seating within ACHD right-of-way, and sale of beer/wine for consumption on premises within 300' of a church or school. ACRD approvals for use within the public right-of--way shall be submitted to the Meridian Public Works Department prior to occupancy. 2. Landscaping should somehow be incorporated along East First Street and Pine. 3. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent upon meeting all zoning, building code, public works, Central District Health and Fire Department regulations. 4. My primary concern is the lack of off-street parking for the project. Although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 5. If a special meeting is to be held by the Commission later this month, I would ask that Findings of Fact/Conclusions of Law for this project be acted upon at that meeting, provided legal counsel has adequate time to prepare them. • i BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR PAISANO'3 ITALIAN RESTAURANT AL & SUSAN BERNER ~ MARIE NANNI. APPLICANTS NE CORNER OF EAST 1ST AND PINE STREET FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioners, appearing through Al Berner and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and the Applicants are not the owners of the property; that the owners of the property are Loyd E. and Sally M. Jones; that the property is described in the application which description is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 1 • incorporated herein. • 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a full service family restaurant. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12, as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the Applicant testified that the tentative business hours will be from 11:00 a.m. to 9:00 p.m. , six ( 6 ) days a week and proposed to be closed on Sundays, at this time; that there is an apartment above the building and the only off-street parking which exists now is just behind the building where there is a driveway for the tenants of that apartment; that the building exterior will basically stay the same; that the only changes will be cosmetic; that a decorative awning with the name of the restaurant and the type of restaurant will be on the awning and on the side of the building itself; that light will basically be the same as presently FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 2 • exists; that regarding Ms. Stiles' comments of the landscaping, the Applicant is willing to consider and discuss her comments with her. 6. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 7. That sewer and water is available to the property. 8. That the Applicants stated in the Application that they agree to pay any additional fee regarding trash, sewer, or water. 9. That Mr. Berner testified before the Commission that the draft he had from the Ada County Highway District basically bought off on the Conditional Use; that their concern is traffic and parking; that there will possibly be am impact of an additional 300 vehicle trips per day. 10. That Mr. Berner also testified that his own observations of the area after 5:30 p.m. were that there are quite a number of empty parking spots, both on East First and on Pine Street, and that the Applicant is proposing all parking to be on public right of way. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City .Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that paving and striping shall be in accordance with the standards set forth in 11-2-414 D.4 and 11-2-414 D.S; that all signage shall meet 11-2-415; that off-street parking shall be provided in accordance with Section 11-2-414; that a drainage plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 3 • • designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking area; that the drainage plan shall be submitted for review and approval by the City Engineer; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residential area and in accordance with City Ordinance, Section 11-2-414.D.3; that all construction shall conform to the requirements of the Americans with Disabilities Act and that the sanitary sewer and water to this facility would be by means of existing service lines and that assessments will be reviewed during the building plan review process; that the comments from the Planning and Zoning Administrator, Shari Stiles, were specifically that the Ada County Highway District approvals for use within the public right-of-way shall be submitted to the Meridian Public Works Department prior to occupancy; that landscaping should somehow be incorporated along East First Street and Pine; that a Certificate of Occupancy is required prior to opening and will be contingent upon meeting all zoning, building codes, public works, Central District Health and Fire Department regulations and that a lack of off-street parking for this project is of primary concern; that although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 12. That the Meridian City Police Department, City Fire Department, Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 4 • • incorporated herein as if set forth in full. 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 14. That no other testimony was offered regarding this application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets fortf~ the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 5 conditions of the area, concludes as follows: U the Planning and Zoning Commission a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparentlywould be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer and the Planning and Zoning Administrator must be met and complied with. 6. That all Ordinances of the City of Meridian must be met, including but not limited to, the Sewer Ordinance and Pre-Treatment Ordinance, Uniform Building Code, Uniform Fire Code, Uniform FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 6 Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, and all parking and paving requirements. 7. That the structure on the property must be brought up to all codes prior to issuance of an occupancy permit. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~+~ VOTED ~`- v -ad-.- VOTED VOTED Q~i VOTED DECISION AND RECOI~IIKENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for .the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 7 • MERIDIAN CITY COUNCIL MEETING: NOV EMBER 8 .1995 APPLICANT: ALBERT & SUSAN BERNE R AN D MARIE NANNI ITEM NUMBER; art" #n ~ REQUEST; CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT (PAISANOS) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES FROM 10-10-95 P ~ Z MTG. SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ff~~c~~ °`!~ a 0 DD~'~ ~~~~~A' OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS A~ Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN PLANNING & ZONING COMMISSION OCTOBER 26 1995 The Special meeting of the Planning & Zoning Commission was called to order by Chairman Jim Johnson: MEMBERS PRESENT: Jim Shearer, Charlie Rountree, Tim Hepper: MEMBERS ABSENT: Moe Alidjani: OTHERS PRESENT: Wilt Berg, Wayne Crookston, Shari Stiles: ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT AND SUSAN BERNER AND MARIE NANNI: Johnson: Any discussion or comments, corrections to be made to these findings of fact as prepared by the City Attorney? Anyone have any comments? Entertain a motion for approval as prepared then. Rountree: So moved. Hepper: Second Johnson: It has been moved and seconded that we approve the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent. MOTION CARRIED: All Yea Johnson: Any decision or recommendation you wish to pass onto the City at this time? Rountree: Mr. Chairman, I Move that the Planning & Zoning Commission recommends to the City Council that they approve the Conditional Use Permit applied for. Shearer: Second Johnson: Moved and seconded to pass a recommendation on as stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR BEFORE AND AFTER SCHOOL BY JOE AND LESLIE PALMER: • • Meridian Planning & Zoning Commission October 10, 1995 Page 14 Hepper: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on the application for Western Deli Shops Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Johnson: I will now open the public hearing and invite the applicant or representative to come forward and address the Commission at this time. AI Berner, 2050 West Sandalwood Drive; was sworn by the City Attorney. Berner: This is for a conditional use permit for a full service restaurant to be located in an existing structure at 906 E. 1st Street. Hours of operation are tentative right now from 11 A.M. to 9 P.M. six days a week and proposed to be closed on Sundays at this time. As I said the building is already existing, at one time I understand it was a restaurant, I moved to Meridian in 1980 and I don't ever remember it being a restaurant so it was before my time. The building exterior will basically stay the same, the only changes will be cosmetic in that there will be a decorative awning with the name of the restaurant and the type of restaurant that it is. The only other signage will be on the side of the building itself and not very big. Light will basically stay the same also. I had a draft from Ada County Highway District last week and they basically bought off on the Conditonal Use, they said there will possibly be am impact of additional 300 vehicle trips per day and I guess the big concern is trafFc and parking. My own observations have shown that after 5:30 P.M. there are quite a number of empty parking spots at that intersection, both on East First and down Pine Avenue. Does the Commission have any questions? Johnson: Any questions of the applicant at this time? Rountree: Have you reviewed the comments from the City Engineer and the Planning Administrator? Berner: Yes I have. Rountree: The one item that seems to come out is the issue of parking. You are proposing all parking to be on public right of way? • • Meridian Planning & Zoning Commission October 10, 1995 Page 15 Berner: That is correct, and my understanding also is the City of Meridian has purchased a lot adjacent to that on Pine Avenue that becuase of budgetary restraints right now they cannot pave or turn into the parking lot but that is what it is intended for in the future. I don't know how many parking spaces that will accommodate whenever it is in. Hepper: Does this piece of property have any off street parking of its own? Berner: The only off street parking that exists now is just for the tenants, there is an apartment above that building and just behind it there is a small driveway and the tenants that occupy that apartment that is their parking spot. I think it is also for the two businesses that are located in that same building, the jewelry store and the mobile home sales. Shearer: Part of the public parking is on the private property on that site (inaudible) that parking is not strictly off or on street. Part of that is on private property. Johnson: It is on private property but it is public parking. Berner: Are you referring to the driveway behind it? Johnson: No, he is referring to where it was bulbed out, where they created the bulbs in there and the diagonal parking. That is public parking on both sides of the street. Any other questions? Hepper: Did you see Shari Stiles' comment about the landscaping, you need to try and incorporate some landscaping if possible. Berner: Yes I did and I realty didn't understand where that would go. I could put a few planters out there if you would like but I really don't know what to do (inaudible) or the City would expect in the way of landscaping. There is not a lot of room out there and that is mostly Ada County Highway District Easement as I understand those sidewalks and everything. (End of Tape) If there is some specific thing about landscaping I would be wiling to consider that certainly. Johnson: I would suggest you talk to Shari Specifically about that and see what she had in mind. Shearer: Is there a dirt strip between Pine Street and the building (inaudible). Berner: That sidewalk is from the building out to the street and if you have Ada County Highway Departments comments they have also, they are asking for standard curb and • Meridian Planning & Zoning Commission October 10, 1995 Page 16 gutter there rather than that drive up kind of curb. Johnson: Anything Wayne? Tim? Thank you, is there anyone else from the public that would like to come forward at this time? Seeing no one then I will close the public hearing. Again this requires findings of fact and conclusions of law. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact. Shearer: Second Johnson: It is moved and seconded that we have findings of fact and conclusions of law prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEFORE AND AFTER SCHOOL CENTER BY JOE & LESLIE PALMER: Johnson: I will open the public hearing at this time and invite the Palmer's or their representative to come forward. Joe Palmer, 1620 Sportsman, was sworn by the City Attorney. Palmer: What we are proposing is a before and after school center it is next door adjacent to a building that we now own that we have a regular day care center that has children that are under school age. They are on two different pieces of property, we are leasing the one that we are proposing at this time we will be leasing that property. There is only one building on the property some of the paperwork I came back there was some comments about other buildings that are there on the property. There is no other buildings on the property there is only one. There in the back corner of that building there will be two people that rent just the one comer of it for doing a dental lab, I believe that was approved in your last meeting. Is there any questions? Johnson: Have you been operating this at this time before this meeting? Palmer: No, we started to when school first opened and the building inspector said we don't have an occupancy so not to operate so we haven't since then. That was about a month and a half ago. Johnson: You read the comments from the Assistant to the City Engineer and no questions on those? • • Meridian Planning & Zoning Commission October 10, 1995 Page 14 Hepper: Second Johnson: We have a motion and a second to have the City Attomey prepare findings of fact and conclusions of law on the application for Western Deli Shops Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Johnson: I will now open the public hearing and invite the applicant or representative to come forward and address the Commission at this time. AI Berner, 2050 West Sandalwood Drive, was sworn by the City Attorney. Berner: This is for a conditional use permit for a full service restaurant to be located in an existing structure at 906 E. 1st Street. Hours of operation are tentative right now from 11 A.M. to 9 P.M. six days a week and proposed to be closed on Sundays at this time. As I said the building is already existing, at one time I understand it was a restaurant, I moved to Meridian in 1980 and I don't ever remember it being a restaurant so it was before my time. The building exterior will basically stay the same, the only changes will be cosmetic in that there will be a decorative awning with the name of the restaurant and the type of restaurant that it is. The only other signage will be on the side of the building itself and not very big. Light will basically stay the same also. I had a draft from Ada County Highway District last week and they basically bought off on the Conditonal Use, they said there will possibly be am impact of additional 300 vehicle trips per day and I guess the big concern is traffic and parking. My own observations have shown that after 5:30 P. M. there are quite a number of empty parking spots at that intersection, both on East First and down Pine Avenue. Does the Commission have any questions? Johnson: Any questions of the applicant at this time? Rountree: Have you reviewed the comments from the City Engineer and the Planning Administrator? Berner: Yes I have. Rountree: The one item that seems to come out is the issue of parking. You are proposing all parking to be on public right of way? • • Meridian Planning & Zoning Commission October 10, 1995 Page 15 Bemer: That is correct, and my understanding also is the City of Meridian has purchased a lot adjacent to that on Pine Avenue that becuase of budgetary restraints right now they cannot pave or tum into the parking lot but that is what it is intended for in the future. I don't know how many parking spaces that will accommodate whenever it is in. Hepper: Does this piece of property have any off street parking of its own? Berner: The only off street parking that exists now is just for the tenants, there is an apartment above that building and just behind it there is a small driveway and the tenants that occupy that apartment that is their parking spot. I think it is also for the two businesses that are located in that same building, the jewelry store and the mobile home sales. Shearer: Part of the public parking is on the private property on that site (inaudible) that parking is not strictly off or on street. Part of that is on private property. Johnson: It is on private property but it is public parking. Bemer: Are you referring to the driveway behind it? Johnson: No, he is referring to where it was bulbed out, where they created the bulbs in there and the diagonal parking. That is public parking on both sides of the street. Any other questions? Hepper: Did you see Shari Stiles' comment about the landscaping, you need to try and incorporate some landscaping if possible. Berner: Yes I did and I really didn't understand where that would go. I could put a few planters out there if you would like but I really don't know what to do (inaudible) or the City would expect in the way of landscaping. There is not a lot of room out there and that is mostly Ada County Highway District Easement as I understand those sidewalks and everything. (End of Tape) If there is some specific thing about landscaping I would be wiling to consider that certainly. Johnson: I would suggest you talk to Shari Specifically about that and see what she had in mind. Shearer: Is there a dirt strip between Pine Street and the building (inaudible). Berner: That sidewalk is from the building out to the street and if you have Ada County Highway Departments comments they have also, they are asking for standard curb and Meridian Planning & Zoning Commission October 10, 1995 Page 16 gutter there rather than that drive up kind of curb. Johnson: Anything Wayne? Tim? Thank you, is there anyone else from the public that would like to come forward at this time? Seeing no one then I will close the public hearing. Again this requires findings of fact and conclusions of law. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact. Shearer: Second Johnson: It is moved and seconded that we have findings of fact and conclusions of law prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEFORE AND AFTER SCHOOL CENTER BY JOE & LESLIE PALMER: Johnson: I will open the public hearing at this time and invite the Palmer's or their representative to come forward. Joe Palmer, 1620 Sportsman, was sworn by the City Attorney. Palmer: What we are proposing is a before and after school center it is next door adjacent to a building that we now own that we have a regular day care center that has children that are under school age. They are on two different pieces of property, we are leasing the one that we are proposing at this time we will be leasing that property. There is only one building on the property some of the papennrork I came back there was some comments about other buildings that are there on the property. There is no other buildings on the property there is only one. There in the back corner of that building there will be two people that rent just the one comer of it for doing a dental lab, I believe that was approved in your last meeting. Is there any questions? Johnson: Have you been operating this at this time before this meeting? Palmer: No, we started to when school first opened and the building inspector said we don't have an occupancy so not to operate so we haven't since then. That was about a month and a half ago. Johnson: You read the comments from the Assistant to the City Engineer and no questions on those? i • Meridian City Council February 6, 1996 Page 35 MOTION CARRIED: All Yea ITEM #16: BEER AND WINE LICENSE FOR PAISANO'S ITALIAN RESTAURANT Corrie: Council your pleasure, I have the application here. I guess my only question would be the Chief of Police, is everything in order? Gordon: I have no problem at all contrary to Mr. Morrov~s barbecue ribs we already know they are going to serve lasagna. Rountree: I guess I have a question for me in the way of education this is the first one I have seen what is the process? Corrie: We approve the application for a beer and wine license. The beer is by bottle and can and the wine is by the drink. Rountree: I see that everyone else issues a permit do we issue a permit as well? Corrie: Yes Rountree: Mr. Mayor I move we approve the application for a beer and wine license for Paisanos' Italian Restaurant. Bentley: Second Corrie: Motion is made by Mr. Rountree, second by Mr. Bentley for the beer and wine license for Paisano's Italian Restaurant, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #17: REQUEST FOR EXTENSION FOR FILING OF THE FINAL PLAT FOR HARTFORD SUBDIVISION: Corrie: Everybody on the Council have that request from them, any questions? Morrow. An editorial comment, they are anticipating platting to begin in the springJsummer of 1996 I think ,but probably we extend this as normal for one year. Corrie: 1 believe the letter is dated December the 18, 1995 so it would be one year from that point or do you want to extend it from spring/summer of 1996 I guess is my question. • Meridian City Council November 8, 1995 Page 30 I must open the public hearing, if anyone cares to give testimony on that we will take it at this time. Seeing none I will continue the public hearing until the November 21 meeting. Morrow. Mr. Mayor part of my reasoning for requesting the deferral by Mr. Turnbull was so that we could do an on site walk through of the proposal and so I would invite any of the other Councilman to join me on that walk through. Kingsford: If that is in the afternoon Mr. Morrow I would certainly like to do that as well. Morrow. I will make it for an afternoon appointment then. It will be not this week but next week. ITEM - # 23: CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Kingsford: I would entertain a motion on the conditional use permit for a full service restaurant. Morrow: Mr. Mayor I would move that we approve or adopt the findings of fact and conclusions of lawfor the conditional use permit for a full service restaurant with lasagna by Albert and Susan Berner and Marie Nanni. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions of law for a conditional use permit for a full service restaurant by Albert and Susan Berner and Marie Nanni, roll call vote. ROLL CALL VOTE: Morrow -yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, the decision would be that the Meridian City Council approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the decision, all those in favor? Opposed? Meridian City Council November 8, 1995 Page 31 MOTION CARRIED: All Yea ITEM #24: CONDITIONAL USE PERMIT REQUEST TO OPERATE A BEFORE AND AFTER SCHOOL BY JOE AND LESLIE PALMER. Kingsford: Do you guys want to hear a presentation? Palmer: I think everybody knows what it is, do you have some questions. Kingsford: This is the property on Meridian Road? Palmer: It is adjacent to a day care that we already have. It is next door to it on Meridian Road. Morrow: Is that where the Cherry Vacuum used to be? Palmer: It is still there it is behind the two in between them. Yerrington: How many students do you have in each one of them? Palmer: The one that is now going is licensed for 43 and it is determined by the Fire Marshall how many we can have. I have measured it out I believe it is going to be 30 to 34 right in there, it depends on which tape measure, there are a couple jogs in the wall, I don't know how they are going to count that but it should be about 30. Kingsford: Mr. Smith, what is the status with regard to the hook ups on those properties? Smith: Can you give me just a minute to check my file. Kingsford: Any questions for Joe while he is looking? Smith: Mr. Mayor, item #7, when my assistant Bruce Freckleton commented in October, on October 5 stated that the assessments will be reviewed during the building plan review process. He asked for information from Mr. Palmer concerning his anticipated water demand. I don't know whether he received that, did he receive that? He did. Palmer: There was some concern whether or not the drainage system that vue put in will take all the water in the parking lot. Our engineer came by and re-checked everything and said well according to the numbers it is not but we will do a test on it. So we will have a water truck come over and dump 3600 gallons of water in and see if it will take it.