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
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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
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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
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OFFICIALS
WILLIAM G. 8ER0, Jr., Clty CIsAc
JANICE l_ GASS, Clty Treasurer
GARY D. SMITH, P.E Clty Enplnser
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
OENNI3 J. 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
~.
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 & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT)
CITY FILES
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MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10.1995
APPLICANT: ALBERTA SUSAN BERNER AND MARIE NANNI AGENDA I TEM NUMBER: 12
REQUEST:__ REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT
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:
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:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
"REVIEWED"
SEE ATTACHED COMMENTS
(~
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS '~
~~ f
,~ I
L~ ~ C
~ ~
OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS
AEI Materials presented at public meetings shall become property of the City of Meridian.
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.