Loading...
HomeMy WebLinkAboutWestern Deli Shops, Inc. CUPTRANSMITTAL 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 restaurant with a drive up window BY: Westem Deli_Shoos. Inc. LOCATION OF PROPERTY OR PROJECT: Lot 5 of Central Valley Corporate Park JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 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 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS WILLIAM G. BERG, Jr., City Clerk A Good Place to Live RONALD R. MAX YERR NGTONA JANICE L GASS, City Treasurer Engineer ROBERT D. CORRIE CITY OF MERIDIAN WALT W. MORROW BRUCE D. STUART, atit er Work Supt. t/ITY JOHN T. SHAWCROFT, Waste Water Supt. P & Z COMMISSION DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO JIM JOHNSON, Chairman SHARI S. STILES, P & Z Adm. MERIDIAN, IDAHO 83642 MOE ALIDJANI QW: C vED KENNETH W. BOWERS, Fire Chief JIM SHEARER W. L. "BILL" GORDON, Police Chief • Phone (208) 8884433 FAX (208) 8874813 ��a•+ CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 TIM HEPPER 8 MS— SEP 1 GRANT P. KINGSFORD Mayor CITY OF MERIDIAN 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 restaurant with a drive up window BY: Westem Deli_Shoos. Inc. LOCATION OF PROPERTY OR PROJECT: Lot 5 of Central Valley Corporate Park JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 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 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: MAR 01 195 16:15 FR CITY OF MERIDIAN 208 887 4813 TO 18014867007 • • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ADDRESS: 7050 SOUTH UNION PARK, SUITE 420 MIDVALE, UT 84047 GENERAL LOCATION: LOT 5, CENTRAL VALLEY CORPORATE PARK DESCRIPTION OF PROPOSED CONDITIONAL USE: RESTAURANT WITH DRIVE -UP WINDOW P.O1,07 (801) 286.7777 ZONING CLASSIFICATION: GENERAL COMMERCIAL PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parldng and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies) . 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 SUBDIVISION, BLOCK , LOT TO • J.W. Robinson Architects, A Professional Corporation September 7, 1995 Administrator City of Meridian 33 East Idaho Meridian, ID 83642 RE: APPLICATION FOR A CONDITIONAL USE PERMIT 1. Applicant: Western Deli Shops, Inc. 7050 South Union, Park, Suite 420 Midvale, UT 84047 (801) 255-3400 Agent for Owner: J.W. Robinson Architects Attn: Jeff Nielsen 2186 Highland Drive Salt Lake City, UT 84106 (801)486-7777 2. Owner: Western Deli Shops, Inc. 7050 South Union Park, Suite 420 Midvale, UT 84047 (801) 255-3400 3. Legal Description: see attached - Encl. 1. 4. Title Commitment: see attached - Encl. 2. 5. Existing Use: Property is a vacant lot. 6. Present Use: Property is vacant and not being used. 7. Proposed Use: Restaurant with a drive -up window. 8. Existing Zoning: General Commercial 9. Vicinity Map: see attached 30 copies r: 10. Site characteristics: The site lies within the Central Valley Corporate Park. The CVCP has been designed to be contemporary at its foundation, with a touch of elegance and an accent of the traditional. Aesthetically balanced in proportion, high quality and completely integrated into a cleanly landscaped background with varying heights and colors which enhance and frame the detail features of the architecture. 11. List of mailing addresses of all property owners: see attached - Encl. 3 12. Fee: see enclosed check for $287.78 (9 addresses C& $1.42 + $275.00) 13, 14, & 15. see attached - Encl. 4 2186 Highland Drive, Sale Lake City, Utah 84106 (801) 486-7777 Fax (801) 486-7007 0 • J.W. Robinson Architects, A Professional Corporation RE: CONDITIONAL USE PERMIT FOR SCHLOTZSKY'S DELI, LOT 5, CVCP, MERIDIAN, IDAHO Western Deli Shops, Inc. hereby affirms that the parcel submitted for Conditional Use Permit shall be posted one (1) week before the Public Hearing with a notice that we have applied for a Conditional Use Permit. i Jay Hales, velopment V. Pres. Western Deli Shops, Inc. Western Deli Shops, Inc. hereby verifies that the contents of the Conditional Use Application have been read by us and that the information in true and correct. Jay Hales, evelopment V. Pres. WestOrn Deli Shops, Inc. Western Deli Shops, Inc. and its Meridian Franchisee hereby agrees to pay any additional sewer, water, or trash fees or charges, I any, associated with the use of the above said property. Jay Haleld, Development V.Pres. Western Deli Shops, Inc. end 4 2186 Highland Drive, Salt Lake City, Utah 84106 (801) 486-7777 Fax (801) 486-7007 0 • J.W. Robinson Architects, A Professional Corporation September 7, 1995 The attached is an authorized copy of the original Title Commitment, and we hereby approve submittal in our behalf of a Conditional Use Application. 9 Jay Hales, ayy Hales, Development V.Pres. We' em Deli Shops, Inc. USA CUTHBERT Notary Public STATE OF UTAH l.7 My Comm. Expires MAY 8,1999 7060 UNION PARK AVE #1/0 MIDVALE UT MOq 2186 Highland Drive, Salt Lake City, Utah 84106 (801) 486-7777 Fax (801) 486-7007 COMMI ENT FOR TITLE INSURANC PIONEER TI COMPANY OF ADA COUNTY (208)373- OLD REPUB C NATIONAL TITLE INSURANCE COMP SCHEDULE A File Number: P140634 PIONEER TITLE COMPANY 821 W. STATE STREET ATTN: JANET BLOSCH (PH. 373-3750) RAFANALLI & NAHAS ORINDA, CA 94563 ATTN: RON C. NAHAS TITLE INQUIRIES SHOULD BE DIRECTED TO:. HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 2. Policy or Policies to be issued: 1. Effective Date: JULY 24, 1995 as of 7:30 A.M. A. [X ] ALTA Owner's Policy, (4-6-90) [X] Standard Coverage [] Extended coverage R.T. NAHAS COMPANY 102 S. 17TH ST., STE #300 ATTN: 508 NAHAS- Amount$230,000.00 Premium $945.00 REISSUE CREDIT $236.25 Proposed Insured: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION B. [] ALTA Loan Policy, (4-6-90) [] Standard Coverage [] Extended coverage Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the fee simple estate or Interest in said land is at the effective date hereof vested In: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION AS TO AN UNDIVIDED ONE HALF INTEREST: AND IN RAFANELLI AND NAHAS, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED ONE HALF INTEREST S. The land referred to in this Commitment Is described as follows: SEE SCHEDULE C ,FhL,l. 1 j'Z Amount $ Premium $ ------------------------------------------------------------------------------------------------------- PEP-nl;-1 9P4 11 F-.: 4171 P I nNEER TITLE P . C13.' 213 • SCHEDULE B - SECTION 2 • Fie Number. P140634 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, lions, encumbrances, adverse claims or other matters, If any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment. B. General Excepdons: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which - - -would be disclosed by an accurate surrey or Inspection of the premises Including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or titie to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS 1,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B -SECTION 2. C. Special Exceptions_ 1 _ GENERAL TAXES FOR THE YEAR 1995, WHICH ARE DENS, ARE NOT YET DUE AND PAYABLE. 2. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 3. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) CONTINUED -------------------------------------------------------------------------------------------------------- SEP-06-1995 16:41 PIONEER TITLE F•�-� �= GCOMITMENT FOR TITLE INSUR&CE SCHEDULE B - SECTION I File Number. P140634 REOUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: ----------------------------------------------------------------------------------------------------- SFP-ni ;-9 9qF; 9 6: 40 P I ONEEP TITLE F` • % -r P140634 4. COVENANTS, CONDITIONS, ISTRICTIONS AND EASEMENTS CONTAISIN DEED TO THE STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING. RECORDED: JUNE 12, 1963 INSTRUMENT NO.: 558158 AS FOLLOWS: GRANTORS AGREE THAT NO BUILDINGS OR STRUCTURES, EXCEPT IRRIGATION OR DRAINAGE STRUCTURES, WILL BE PERMITTED TO BE CONSTRUCTED WITHIN 20 FEET OF THE REAL PROPERTY ABOVE DESCRIBED. GRANTORS FURTHER AGREE THAT NO BILL BOARDS OR OTHER ADVERTISING SIGNS WILL BE PERMITTED CLOSER THAN 100 FEET FORM THE REAL PROPERTY ABOVE DESCRIBED, EXCEPTING SIGNS PERTAINING TO BUSINESS ESTABLISHED ON LAND ADJACENT TO THE DESCRIBED REAL PROPERTY. AS A PART OF THE CONSIDERATION HEREINABOVE STATED, THE GRANTOR BARGAIN, SELL, CONVEY AND RELINQUISH TO THE GRANTEE ALL EXISTING, FUTURE OR POTENTIAL COMMON LAW OR STATUTORY EASEMENTS OF ACCESS BETWEEN THE RIGHT OF WAY OF THE PUBLIC RIGHT OF WAY IDENTIFIED AS I -LION -1-(12)37, AND ALL OF THE CONTIGUOUS REMAINING REAL PROPERTY OF THE GRANTOR WHETHER ACQUIRED BY SEPARATE CONVEYANCES OR OTHER WISE OF WHICH.THE REAL PROPERTY COVERED BY THIS _ _INSTRUMENT IS A PART, WHERE SAID REMAINING REAL PROPERTY ABUTS ON THE NORTH SIDE OF THE SAID PUBLIC WAY, EXCEPT FOR: ACCESS TO FRONTAGE ROAD PARALLEL AND CONTIGUOUS TO STATE HIGHWAY NO. 69, FRONTAGE ROAD COMMENCES AT STATION 435+92+ AND CONNECTS WITH STATE HIGHWAY NO. 69 RIGHT OF STATION 445+28.29. AFFECTS: LOTS 3-8, BLOCK 4 5. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN DEED TO THE STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING RECORDED: JUNE 12, 1963 INSTRUMENT NO.: 558159 AS FOLLOWS: AS A PART OF THE CONSIDERATION HEREINABOVE STATE, THE GRANTOR, BARGAIN, SELL, CONVEY AND RELINQUISH TO THE GRANTEE ALL EXISTING, FUTURE OR POTENTIAL COMMON LAW OR STATUTORY EASEMENTS OF ACCESS BETWEEN THE RIGHT OF WAY OF THE PUBLIC WAY IDENTIFIED AS 1.80N-1(12)37, AND ALL OF THE CONTIGUOUS REMAINING REAL PROPERTY OF THE GRANTOR WHETHER ACQUIRED BY SEPARATE CONVEYANCES OR OTHERWISE, OF WHICH THE REAL PROPERTY COVERED BY THIS INSTRUMENT IS A PART, WHERE SAID REMAINING REAL PROPERTY ABUTS ON THE NORTH SIDE OF THE SAID PUBLIC WAY. AFFECTS: LOTS 3-8, BLOCK 4 6. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: A RIGHT OF WAY AND EASEMENT TO LAY AND CONSTRUCT A GAS DISTRIBUTION LINE IN FAVOR OF: INTERMOUNTAIN GAS COMPANY, A CORPORATION RECORDED: JANUARY 7, 1964 INSTRUMENT NO.: 573621 AFFECTS: LOTS 3-6, BLOCK 4 7. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: A RIGHT OF WAY AND EASEMENT FOR THE ERECTION AND CONTINUED OPERATION, MAINTENANCE, REPAIR, ALTERATION, INSPECTION AND REPLACEMENT OF THE ELECTRICAL TRANSMISSION, DISTRIBUTION AND TELEPHONE LINES AND CIRCUITS OF THE GRANTEE, ATTACHED TO POLES OR OTHER SUPPORTS, TOGETHER WITH GUYS, CROSSARMS AND OTHER ATTACHMENTS AND INCIDENTAL EQUIPMENT THEREON AND APPURTENANCES, WITH THE RIGHT TO PERMIT THE ATTACHMENT OF THE WIRES AND FIXTURES OF OTHER COMPANIES OR PARTIES IN FAVOR OF: IDAHO POWER COMPANY, A CORPORATION RECORDED: DECEMBER 30, 1964 INSTRUMENT NO.: 601471 AFFECTS: LOTS 3-7, BLOCK 4 CONTINUED P140534 8. . COVENANTS, CONDITIONS, STRICTIONS AND EASEMENTS AS SET LOTH ON SAID PLAT NOTE: RELINQUISHMENT OF EASEMENT RIGHTS BETWEEN LOTS 3 AND 4 AND 4 AND 5 AS FOLLOWS: PARTY: INSTRUMENT NO.: INTERMOUNTAIN GAS CO. 9396766 UNITED CABLE TELEVISION CORP. 9396767 U.S. WEST COMMUNICATIONS 9396768 IDAHO POWER COMPANY 9396769 CITY OF MERIDIAN 9396770 9. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: RIGHT OF INGRESS AND EGRESS TO REPAIR. MAINTAIN, REPLACE OR REMOVE SUCH PIPELINE IN FAVOR OF: INTERMOUNTAIN GAS COMPANY, A CORPORATION RECORDED: MAY 15, 1989 INSTRUMENT NO.: 8921828 AFFECTS: LOT 4, BLOCK 4 1o. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS BY: R.T. NAHAS COMPANY OF IDAHO AND SIMIDA CORPORATION DATED: JULY 18, 1989 RECORDED: MAY 15, 1989 INSTRUMENT NO.: 8934034 AMENDMENT TO SAID COVENANTS RECORDED: NOVEMBER 19, 1990 INSTRUMENT NO.: 9062973 AMENDMENT TO SAID COVENANTS RECORDED: OCTOBER 13, 1993 INSTRUMENT NO.: 9384829 AMENDMENT TO SAID COVENANTS RECORDED: DECEMBER 2, 1994 INSTRUMENT NO.: 94105663 11. DECLARATION OF RESTRICTIVE COVENANT DATED: NOVEMBER 15, 1990 'EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO RECORDED: NOVEMBER 19, 1990 INSTRUMENT NO.: 9062974 AS FOLLOWS: OWNERS COVENANT AND AGREE THAT OWNERS' PROPERTY DESCRIBED ON EXHIBIT A (EXCEPTING THE COMPUTROL-ARMSTRONG TEN ACRES) SHALL NOT BE LEASED, PURCHASED OR OPERATED BY ANY OF THE FOLLOWING PIZZA BUSINESS: BRASS LAMP PIZZA, BRICKHOUSE PIZZA, CHICAGO CONNECTION PIZZA, DOMINO'S PIZZA, FLYING PIE PIZZA, GARBANZO'S PIZZA, GODFATHER'S PIZZA, GREAT WESTERN PIZZA, KEYSTONE PIZZA, LITTLE CAESER'S PIZZA, MANCINO'S PIZZA, MARIO'S PIZZA, MONTE'S PIZZA, NOODLE'S PIZZA, PASTA PIZZAZZ, PAPA JOE'S PIZZA, LOUIE'S PIZZA OR ANY SIMILAR TYPE PIZZA BUSINESS WHOSE PRIMARY BUSINESS IS THE RETAIL SELLING OF COOKED AND READY TO EAT PIZZA FOOD PRODUCTS WHETHER EATEN IN, TAKEN OUT OR DELIVERED. CONTINUED •------------------------------------------------------------------------------------------------------ P P140634 THIS COVENANT SHALL RSWITH THE OWNERS' PROPERTY AND EC REMAIN IN EFFECT UNTIL THE 15TH DAY OF NOVEMBER 2025, AT WHICH TIME THEY SHALL AUTOMATICALLY RENEW FOR A PERIOD OF TWENTY (20) YEARS UNLESS TERMINATED BY THE OWNER OF THAT PROPERTY DESCRIBED ON EXHIBIT B BY A STATEMENT PROPERLY EXECUTED AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER FOR ADA COUNTY, IDAHO. PROVIDED, HOWEVER, THAT IF THE PROPERTY DESCRIBED ON EXHIBIT B SHALL CEASE BEING USED AS A BUSINESS SELLING ANY PIZZA PRODUCTS FOR TWO (2) CONTINUOUS YEARS: OR IF NO BUSINESS SELLING PIZZA IS CONSTRUCTED ON THE PROPERTY DESCRIBED IN EXHIBIT B WITHIN TWO (2) YEARS OF THE TIME THE PROPERTY DESCRIBED ON EXHIBIT B IS DEEDED TO ROCKY MOUNTAIN PIZZA HUTS, INC., THEN THIS RESTRICTIVE COVENANT SHALL TERMINATE AT THE END OF THAT TWO (2) YEAR PERIOD AND SHALL BE OF NO FURTHER FORCE OR EFFECT. NOTE: EXHIBIT "A" COVERS SAID PREMISES AND OTHER LANDS AND EXHIBIT "B" DESCRIBES PROPERTY OWNED BY ROCKY MOUNTAIN PIZZA HUTS, INC. 12, DECLARATION OF RESTRICTIVE COVENANT DATED: JANUARY 22, 1991 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO AND SIMIDA CORPORATION RECORDED: JANUARY 25, 1991 INSTRUMENT NO.: 9104419 AS FOLLOWS: NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED OWNERS COVENANT AND AGREE THAT OWNERS' PROPERTY DESCRIBED ON EXHIBIT A (EXCEPTING THE PROPERTY PREVIOUSLY SOLD TO COMPUTROL/ARMSTRONG AND ROCKY MOUNTAIN PIZZA HUTS, INC.) SHALL NOT BE LEASED, PURCHASED, OR OPERATED PRIMARILY AS A CAR WASH, RETAIL GASOLINE STATION, CONVENIENCE STORE -CAR WASH. THIS COVENANT SHALL RUN WITH OWNERS' PROPERTY AND SHALL REMAIN IN EFFECT UNTIL .THE 1 ST DAY OF JANUARY 2025 AT WHICH TIME IT WILL AUTOMATICALLY RENEW FOR ANOTHER TWENTY (20) YEARS UNLESS TERMINATED BY THE OWNER OF THAT PROPERTY DESCRIBED ON EXHIBIT B BY A STATEMENT PROPERLY EXECUTED AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER FOR ADA COUNTY, IDAHO. PROVIDED, HOWEVER, THAT IF THE PROPERTY DESCRIBED ON EXHIBIT B SHALL CEASE BEING USED AS A CAR WASH, RETAIL GASOLINE STATION, CONVENIENCE STORE OR COMBINATION RETAIL GASOLINE STATION -CONVENIENCE STORE -CAR WASH FOR TWO (2) CONTINUOUS YEARS; OF IF NO SUCH BUSINESS IS CONSTRUCTED ON THE PROPERTY DESCRIBED IN EXHIBIT B WITHIN TWO (2) YEARS OF THE TIME THE PROPERTY DESCRIBED ON EXHIBIT B IS DEEDED TO EDDY-WARILA, INC., THEN THIS RESTRICTIVE COVENANT SHALLTERMINATE AT THE END OF THAT TWO (2) YEAR PERIOD AND SHALL BE OF NO FURTHER FORCE OF EFFECT. THIS COVENANT SHALL BIND AND INURE TO THE BENEFIT OF ALL SUCCESSORS, ASSIGNS, HEIRS, PERSONAL REPRESENTATIVES AND GRANTEES OF OWNERS' PROPERTY AND EDDY- WARILA, INC., AS TO THAT PROPERTY DESCRIBED ON EXHIBIT B ATTACHED HERETO. NOTE. EXHIBIT "B" IS THE PROPERTY OWNED BY EDDY WARILA, INC., EXHIBIT 'V COVERS SAID PREMISES AND OTHER LANDS. 13. RESTRICTIVE COVENANT DATED: SEPTEMBER 25, 1990 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO AND SIMIDA CORPORATION RECORDED: MAY 1, 1991 UNDER INSTRUMENT NO. 9122504 AS FOLLOWS: GRANTOR PROMISES AND DECLARES THAT THE PROPERTY DESCRIBED ON EXHIBIT C, ATTACHED, WILL NOT BE USED FOR RESTAURANT PURPOSES FOR A PERIOD OF 20 'YEARS FROM THE DATE OF THE RECORDING OF THIS DOCUMENT. THE TERM "RESTAURANT" AS USED IN THE CONTRACT SHALL MEAN A FAST SERVICE FOOD ESTABLISHMENT WITH ITS PRIMARY BUSINESS BEING THE SALE OF ANY COMBINATION OF HAMBURGERS AND FRENCH FRIES, INCLUDING BUT NOT LIMITED TO BURGER KING, WENDY'S, JACK-IN-THE-BOX, BURGER CHEF, HARDEE'S, DAIRY QUEEN, BURGERVILLE USA, ARCTIC CIRCLE, CARL'S JR., RAX AND ARBY'S ROAST BEEF. CONTINUED SEP -06-1995 16:43 PIONEER TITLE P. 0,..:. P140`34 14. RESTRICTIVE COVENANTS • • DATED: SEPTEMBER 30, 1993 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION AND SIMIDA CORPORATION, AN INDIANA CORPORATION RECORDED: OCTOBER 13, 1993 INSTRUMENT NO.: 9384829 AS FOLLOWS: NO PROPERTY SUBJECT TO THIS RESTRICTIVE COVENANT (EXCEPT ANY PROPERTY USED BY SHARI'$ RESTAURANT) SHALL BE USED FOR A FULL SERVICE FAMILY RESTAURANT, SERVING BREAKFAST, LUNCH AND DINNER OF A TYPE SIMILAR TO DENNYS , PERKINS, INTERNATIONAL HOUSE OF PANCAKES, JB'S, MARIE CALLENDARS OR VILLAGE INN, PROVIDED, HOWEVER THAT THIS RESTRICTION SHALL NOT PROHIBIT A SPECIALTY OR ETHNIC TYPE RESTAURANT CONTAINING LESS THAN 2,500 SQUARE FEET. AFFECTS: ENTIRE PLAT EXCEPT LOT 6, BLOCK 4 15. LEITER EXECUTED BY CENTRAL DISTRICT HEALTH DEPARTMENT DATED: JANUARY 16, 1992 RECORDED: FEBRUARY 14, 1992 INSTRUMENT NO.: 9208529 PROVIDING: NO LOT SIZE MAY BE REDUCED WITHOUT PRIOR APPROVAL OF THE HEALTH AUTHORITY 16. LIENS, DUES AND OR ASSESSMENTS OWING THE ASSOCIATION HEREIN NAMED WHICH MAY HAVE HERETOFORE ATTACHED PURSUANT TO THE PROVISIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS MENTIONED IN THE ABOVE PARAGRAPH. ASSOCIATION: CENTRAL VALLEY CORPORATE PARK ASSOCIATION 17. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: JANUARY 27, 1993 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO AND SINIDA CORPORATION RECORDED: FEBRUARY 5, 1993 INSTRUMENT NO.: 9309196 AS FOLLOWS: TERM. THIS RESTRICTIVE COVENANT SHALL REMAIN EFFECTIVE UNTIL THE 10TH DAY OF DECEMBER, 2017 AT WHICH TIME IT SHALL AUTOMATICALLY TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT. RESTRICTIVE COVENANT: NO PROPERTY SUBJECT TO THIS RESTRICTIVE COVENANT SHALL BE USED FOR HOTEL OR MOTEL PURPOSES DURING THE TERM OF THIS RESTRICTIVE COVENANT. RUNS WITH THE LAND: THIS COVENANT SHALL RUN WITH THE LAND DESCRIBED HEREIN WHICH IS SUBJECT TO THIS RESTRICTIVE COVENANT. AFFECTS ENTIRE PLAT EXCEPT LOT 6, BLOCK 4 18. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: DECEMBER 6, 1994 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION AND RAFANELLI AND NAHAS, A CALIFORNIA GENERAL PARTNERSHIP RECORDED: DECEMBER 6, 1994 INSTRUMENT NO.: 94106269 19. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: MAY 12, 1994 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION AND RAFANELLI AND NAHAS, A CALIFORNIA GENERAL PARTNERSHIP RECORDED: DECEMBER 6, 1994 INSTRUMENT NO.: 94106270 END OF EXCEPTIONS CONTINUED ------------------------------------------------------- ---- ___SEP -©6-1995 16:44 PIONEER TITLE P•09.,23 P140634 NOTE: GENERAL TAXER THE YEAR 1994, WHICH WERE LIEN THE ORIGINAL SUM OF $1,400.62, ARE PAID, PARCEL NO, 03-R1343620356 SAID TAXES AFFECT PARCEL #0355 OF LOT 4 NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATE ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. SEP -06-1995 16:44 PIONEER TITLE P. 11; `5 • SCHEDULE C 0 File Number. P140634 The land referred to in this Commitment is described as follows: A TRACT OF LAND BEING LOT 5 AND A PORTION OF LOT 4, BLOCK 4. CENTRAL VALLEY CORPORATE PARK NO.3 (A RECORDED SUBDIVISION ON FILE IN BOOK 61 OF PLATS AT PAGE 6050 AND 6051, RECORDS OF ADA COUNTY, IDAHO), SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, LYING SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTHWEST CORNER OF SAID SECTION 18, THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 01 DEGREE 02'04" EAST A DISTANCE OF 2650.29 FEET TO A FOUND BRASS CAP MONUMENTING THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, THENCE LEAVING SAID WESTERLY UNE AND ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 89 DEGREES 42'17" EAST A DISTANCE OF 148.54 FEET TO A FOUND. IRON PIPE ON THE EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH MONUMENTING THE POINT OF BEGINNING OF CENTRAL VALLEY CORPORATE PARK NO.2 (A RECORDED SUBDIVISION ON FILE IN BOOK 58 OF PLATS AT PAGE 5572, 5573 AND 5574, RECORDS OF ADA COUNTY, IDAHO; THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID EASTERLY RIGHT OF WAY SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY A DISTANCE OF 232.98 FEET, SAID CURVE HAVING A RADIUS OF 1085.92 FEET, A CENTRAL ANGLE OF 12 DEGREES 17'33", A CHORD BEARING SOUTH 17 DEGREES 52'38" WEST, A CHORD DISTANCE OF 232.53 FEET TO A FOUND IRON PIPE MONUMENTING THE POINT OF BEGINNING OF SAID CENTRAL VALLEY CORPORATE PARK NO. 3, SAID IRON PIPE ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE LEAVING SAID EASTERLY RIGHT OF WAY AND ALONG THE NORTHERLY LINE OF SAID LOT 3 SOUTH 69 DEGREES 56'00" EAST A DISTANCE OF 296.14 FEET TO A FOUND STEEL PIN ON THE WESTERLY RIGHT OF WAY OF SOUTH PROGRESS AVENUE, MONUMENTING THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE LEAVING SAID NORTHERLY LINE AND ALONG THE SAID WESTERLY RIGHT OF WAY SOUTH 02 DEGREES 00'00" WEST A DISTANCE OF 143.65 FEET TO A SET STEEL PIN AND THE TRUE POINT OF BEGINNING OF SAID DESCRIBED UNE; THENCE LEAVING SAID WESTERLY RIGHT OF WAY NORTH 83 DEGREES 24'16" WEST A DISTANCE OF 295.94 FEET TO A SET STEEL PIN ON SAID EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH, AND THE TERMINUS OF SAID DESCRIBED LINE. END OF LEGAL DESCRIPTION II -- ---SEP-©6-1995 1-6-:4--5 ------PIONEER TITLE -----------------------------------------P. 11 _� ----- • EXHIBIT'A 0 File Number_ P140634 A TRACT OF LAND BEING LOT 5 AND A PORTION OF LOT 4, BLOCK 4, CENTRAL VALLEY CORPORATE PARK NO.3 (A RECORDED SUBDIVISION ON FILE IN BOOK 61 OF PLATS AT PAGE 6050 AND 60,51, RECORDS OF ADA COUNTY, IDAHO), SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, LYING SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTHWEST CORNER OF SAID SECTION 18, THENCE ALONG THE WESTERLY UNE OF SAID SOUTHWEST QUARTER, NORTH 01 DEGREE 02'04" EAST A DISTANCE OF 2650.29 FEET TO A FOUND BRASS CAP MONUMENTING THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, THENCE LEAVING SAID WESTERLY LINE AND ALONG THE NORTHERLY UNE OF SAID SOUTHWEST QUARTER, NORTH 89 DEGREES 42'17" EAST A DISTANCE OF 148.54 FEET TO A FOUND IRON PIPE ON THE EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH MONUMENTING THE POINT OF BEGINNING OF CENTRAL VALLEY CORPORATE PARK NO.2 (A RECORDED SUBDIVISION ON FILE IN BOOK 58 OF PLATS AT PAGE 5572, 5573 AND 5574, RECORDS OF ADA COUNTY, IDAHO; THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID EASTERLY RIGHT OF WAY SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY A DISTANCE OF 232.98 FEET, SAID CURVE HAVING A RADIUS OF 1085.92 FEET, A CENTRAL ANGLE OF 12 DEGREES 17'33", A CHORD BEARING SOUTH 17 DEGREES 52'38" WEST, A CHORD DISTANCE OF 232.53 FEET TO A FOUND IRON PIPE MONUMENTING THE POINT OF BEGINNING OF SAID CENTRAL VALLEY CORPORATE PARK NO. 3. SAID IRON PIPE ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE LEAVING SAID EASTERLY RIGHT OF WAY AND ALONG THE NORTHERLY LINE OF SAID LOT 3 SOUTH 69 DEGREES 56'00" EAST A DISTANCE OF 296.14 FEET TO A FOUND STEEL PIN ON THE WESTERLY RIGHT OF WAY OF SOUTH PROGRESS AVENUE, MONUMENTING THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE LEAVING SAID NORTHERLY LINE AND ALONG THE SAID WESTERLY RIGHT OF WAY SOUTH 02 DEGREES 00'00" WEST A DISTANCE OF 143.65 FEET TO A SET STEEL PIN AND THE TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE LEAVING SAID WESTERLY RIGHT OF WAY NORTH 83 DEGREES 24'16" WEST A DISTANCE OF 295.94 FEET TO A SET STEEL PIN ON SAID EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH, AND THE TERMINUS OF SAID DESCRIBED LINE. END OF LEGAL DESCRIPTION F � i CENTRAL VALLEY CORPORATE PARK VICINITY MAP NORTH. 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 Western Deli Shops, Inc., for a Conditional Use Permit for land located in Lot 5 of Central Valley Corporate Park, Boise Meridian, Ada County, Idaho, and which property is generally located South of Central Valley Drive and West of S. Progress Avenue.. The Application requests a Conditional Use Permit for a restaurant with a drive up window. 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/A ♦ �� :14.11 CENTRAL VALLEY CORPORATE PARK 4, VICINITY MAP r4 7 J.W. Robinson Architects, A Professional Corporation List of Owners of Surrounding Properties MCDONALDS CORPORATION PO BOX 66207 AMF O'Hare Chicago, IL 60666-0000 MCDONALDS CORPORATION 7222 Overland Road Boise, ID 83709-0000 SHARI'S MANAGEMENT COMPANY 8205 SW Creekside Place, Suite D Beaverton, AOR 97005-0000 B -II Limited Liability CO 3959 Muldoon Place Meridian, ID 83642-0000 R T NAHAS CO ETAL 102 S 17th Street, Suite 300 Boise, ID 83702-0000 WAREMART INC PO BOX 5756 Boise, ID 83705-0000 CONTRACTORS EQUIP SUPPLYCO PO Box 5426 Boise, ID 83705-0000 JERRY and OLIVIA DOUFAS 3046 Cobble Meridian, ID 83642-0000 STATE OF IDAHO no address Skid. 3 Lot 1 BLK 4 Par #0176 of Lt 2 Bk 4 RS 2209 Par #0305 of Lot 4 & Lot 3 BLK 4 Lot 6BLK 4 Lot 8 BLK 4 AND PAR 34905 of SW4 SEC 18 3N 1 E Lot 11 BLK 2 PAR 37400 OF SE4 SEC 13 3N 1W AND PAR #7002 OF NE4SE4 SEC 13 3N 1W PAR 37680 OF NE4SE4 SEC 13 3N 1 W AND PAR #7695 of SE4 SEC 13 3N 1 W S2NE4SE4 EXC INT 80N SEC 13 3N 1 W 03N01 W 137705 2186 Highland Drive, Sak Lake City, Utah 84106 (801) 486-7777 Fax (801) 486-7007 • • MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8 1995 APPLICANT: WESTERN DELI SHOPS INC. ITEM NUMBER; #Z z� REQUEST; CONDITIONAL USE PERMIT REQUEST FOR A RESTAURANT WITH A DRIVE UP WINDOW AGENCY COMMENTS CITY CLERK: MINUTES FROM 10-10-95 P & Z MTG. CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW I CITY POLICE DEPT: "REVIEWED" G 1 CITY FIRE DEPT: SEE ATTACHED COMMENTS l CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: �P ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS 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 OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission October 10, 1995 Page 11 Hepper: I was thinking it was right in here someplace. Binning: He may not have a residence he may just own a lot. Hepper: But there is one directly the west of your property is that correct? Across the street? Binning: Yes (inaudible) I might add that these restaurants are kind of a new concept in our area, they are very small, they are about 400 square feet, there is no food preparation, everything is pre-cooked and brought in. They are just an extension of the typical service counter that you would find at a Jacksons the hot dogs and coke and soft drinks and it extends on around to pick up an additional service counter for in this case it looks like Blimpies and Taco Bell. Johnson: Any other questions? Thank you, this is a public hearing, is there anyone else that would like to ask a question or address the Commission on this application? Seeing no one then I will close the public hearing at this time. Rountree: Mr. Chairman, I move that we have Council prepare findings of fact and Conclusions on this application. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on this application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS INC.: Johnson: I will open the public hearing at this time and invite the applicant or his representative to address the Commission, you need to be sworn in. Jeff Nelson, 4858 South 1300 E, Salt Lake City, UT, was sworn by the City Attorney. Nelson: We are requesting a conditional use permit for a restaurant with a drive up window, I have to start off with an artist's rendering of the elevations of the Schlotzky's so you can get an idea of how it is compatible with the rest of the development. Johnson: (Inaudible) in quality or is this an actual one? • Meridian Planning & Zoning Commission October 10, 1995 Page 12 Nelson: It would look exactly like this. The artist has left out the signs on the side of the (inaudible) because in the rendering they would just come out skewed and they wouldn't be readable. Johnson: I was trying to figure out how you were going to get the hills in there, the mountains. Nelson: Isn't' that nice, its a beautiful Meridian day. Last Friday, the Ada County Highway District met on our project and they recommended that we have only one curb cut and so we submitted a revision to our site plan which should be dated October 3, 1995, do you have that version? Johnson: Do you have that Gary? Nelson: If I could hold this up for you I could show you the only change. We previously proposed two curb cuts, one in two way and one out one way so that there would be a loop circulating from our lotto the East lot. Ada County said they would not support this and would like to see us with only one curb cut so we revised it and got the loop out to the one exit. We are in compliance with the parking, the parking requirements says the one is one space 200 square feet which is only 13 stalls and we are providing 22 stalls along with two accessible stalls. The open space for our lot is 34% of the entire lot which is quite generous. The landscaping will comply with the Central Valley Corporate Park design standards which are very attractive and very generous. There will be street scape landscaping (inaudible) and there is an existing three foot high berm between the road and the parking which will be kept and also there will be an additional shrub (inaudible) with shrubs at 3 foot on center and also shrubs to screen the parking area. The drive up window is located at the rear of the building. The building itself serves to hide the drive up lane from view plus there will be pine trees in the rear hiding the, creating a buffer visibility tot he drive up window which is sometimes a concern. There are a few questions I think you might want answered from Bruce Freckleton, the Assistant to the City Engineer. We will be purchasing, Western Deli will be purchasing only the lot that we have proposed on the site plan and so it will be partitioned off and the user of the east lot is unknown at this time. That will be up to Bob Nahas or whoever purchases it from him. We will be submitting a record of survey or a plat as required to dedicate the cross access and utility easements. We will comply with all the concerns which he has listed here. Lighting will be down cast, there will be a drainage plan prepared by a registered engineer and the striping and paving is proposed as it is we will be in compliance with the design standards of the City. Are there any questions? Just for your information Schlotzky's Deli, we do not fry or cook anything. In fact, it is very healthy food, they bake their own bread. So basically the only cooking equipment they have is an oven and two cheese melters. So there is no smoke coming out of the building from fried foods. We will be providing a Meridian Planning & Zoning Commission October 10, 1995 Page 13 grease trap though because of what we cook it is not necessary but most people like to see it in case the building changes hands and somebody puts in a fryer later. That will be put in at the time of construction. Johnson: You have the October 6th letter from Shari Stiles? Nelson: Yes Johnson: Do you have any concerns or have you (inaudible) her comments at all? Nelson: She has 8 comments, which will all be complied with. The trees, that is, I think if you check the planting list (inaudible). I will make an adjustment to the size of the tress so they will be a three inch minimum caliper and the signs cause no more glare than the existing signs in the development. The speakers are very high tech speaker system which is you can understand it but it will not blast you away. Most people when they think of a drive up they remember those old bull horns that people put out there when drive ups first came in those are not used anymore and the speakers they use are quite nice. the nearest residence I believe is all the way across the road, across First Street, it would be impossible for them to hear it. As I mentioned a lot line adjustment will be made and the easements will be dedicated. Johnson: Any other commissioners have any other comments? Rountree: On the plat, you show the, back half of the lot for future development, what might that be? Nelson: It was my understanding that it is most likely going to be a retail and most likely the concept, we will not own the lot or develop it, but the concept that was worked around was the building would go here and this area would be parking. Then we would maintain this easement around here. Does that answer your question? It was also proposed that, and this is not proposed at this time, but to let you know what was being thought of was that monument sign would be proposed out here and the space, the signage on that would be shared by Schlotzky's and whatever goes in here. But that has yet to be proposed. Johnson: Any other questions? Thank you very much. This is a public hearing, is there anyone else that would like to address the Commission on this application? Seeing no one then I will close the public hearing at this time, what is your pleasure? Conditional use. Rountree: Mr. Chairman, I move we have findings of fact and conclusions of law prepared on this application. • 0 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. Al 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. 1 st 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? 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD MEMORANDUM: Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 6, 1995 Re; RESTAURANT, WITH DRIVE UP WINDOW - "SCHLOTZSKY' S DELI" (Request for Conditional Use Permit - by Western Deli Shops, Inc.) 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. The proposed Schlotzsky's Deli would occupy Lot 5, and the southerly portion of Lot 4, Block 4 of Central Valley Corporate Park No. 3. At the time Shari's Restaurant went in, a Record of Survey was prepared to adjust the Lot line between Lots 3 and 4, Block 4. Shari's occupies Lot 3 and the northerly portion of Lot 4. It appears that the intent of the applicant is to only occupy the easterly portion of their parcel. If there is going to be separate ownership of the balance of the parcel, a Record of Survey will need to be prepared showing the lines of ownership, cross access easements, utility easements, etc. 2. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 3. 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). 4. 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 5. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.13.5 of the City of Meridian Zoning and Development Ordinance. 6. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. C: \WPW1N60\GENERAL\SCHLOTZS. P&Z • 0 7. All construction shall conform to the requirements of the Americans with Disabilities Act. 8. Sanitary Sewer and Water to this facility would be via. mains that were installed as part of the Central Valley Corporate Park Subdivision No. 3. Assessment fees for sewer and water service will be determined during the building plan review process. Please provide any information that you may have with regards to your anticipated water demand. Separate sewer and water service lines will need to be installed for the area designated as "Future Development". If the future development area is to be under separate ownership, sewer and water easements must be provided across the Schlotzsky's parcel. c:\WPWIN60\GENERAL\SCM,O ZS.P&Z TO: Plann' & Zoning Commission, Mayor and Council FROM: Shan L. tiles, Planning & Zoning Administrator DATE: October 6, 1995 SUBJECT: Request for Conditional Use for a Drive-thru Facility in Central Valley Corporate Park by Western Deli, Inc. (Schlotzsky's Deli) 1. City Ordinance requires a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of pavement. The additional landscape treatment shown may warrant a slight relaxation of this requirement. 2. Any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance. 3. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent upon meeting all zoning, building code, public works, Fire Department and agency regulations. 4. Illumination shall be designed to not cause glare. 5. Speakers in this commercial area will not affect residential areas. 6. A lot line adjustment is needed to split this property in the manner shown, with cross access delineated on the Record of Survey for the interior parcel, unless Western Deli is purchasing the entire site for later expansion. 7. Signs shall meet the Uniform Sign Code and City Ordinance (no flashing lights). 8. Site/architectural plan is very attractive, and the project will be a welcome addition to the City of Meridian. • 0 OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T SHAWCROFT, Waste Water Supt. 33 EAST IDAHO P & Z COMMISSION DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 JIM SHEARER W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT R KINGSFORD MEMORANDUM Mayor TO: Plann' & Zoning Commission, Mayor and Council FROM: Shan L. tiles, Planning & Zoning Administrator DATE: October 6, 1995 SUBJECT: Request for Conditional Use for a Drive-thru Facility in Central Valley Corporate Park by Western Deli, Inc. (Schlotzsky's Deli) 1. City Ordinance requires a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of pavement. The additional landscape treatment shown may warrant a slight relaxation of this requirement. 2. Any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance. 3. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent upon meeting all zoning, building code, public works, Fire Department and agency regulations. 4. Illumination shall be designed to not cause glare. 5. Speakers in this commercial area will not affect residential areas. 6. A lot line adjustment is needed to split this property in the manner shown, with cross access delineated on the Record of Survey for the interior parcel, unless Western Deli is purchasing the entire site for later expansion. 7. Signs shall meet the Uniform Sign Code and City Ordinance (no flashing lights). 8. Site/architectural plan is very attractive, and the project will be a welcome addition to the City of Meridian. •iC(OPY BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WESTERN DELI SHOPS, INC. CONDITIONAL USE PERMIT CENTRAL VALLEY CORPORATE PARR, LOT 5 MERIDIAN. IDAHO 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 Petitioner, appearing through their representative, Jeff Nelson, 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 said 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; the Applicant's representative, Jeff Nelson, appearing in person, 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 the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1 0 3. That the property is zoned C -G, General Retail and Service Commercial, which requires a conditional use permit for a restaurant with drive -up window which the application requests. 4. That the General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11. as follows: (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. and the property is being developed under a commercial planned development process. 6. That the property is currently vacant and located on Lot 5 of Central Valley Corporate Park No. 3; that Shari's Restaurant is next door occupying Lot 3 and the Northerly portion of Lot 4. 7. That Jeff Nelson, representative for Western Deli's, testified that the artist's renderings of the elevations of the Schlotzky's submitted to the Commissioners is how this will look with the exception to the signs; that previously Applicant proposed two (2) curb cuts, one in two way and one out one way so that there would be a loop circulating from our lot to the East lot; that the WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2 Ada County Highway District would not support this and would like to see one curb cut and the loop out to one exit; that the Applicant is providing 22 parking stalls along with two (2) handicapped; that the landscaping will comply with the Central Valley Corporate Park design standards; that there will be street scape landscaping; that the existing three foot berm between the road and the parking lot will be kept and also there will be an additional shrub berm at three (3) foot on center and also shrubs to screen the parking area. 8. That the drive -up window is located at the rear of the building; that the building itself serves to hide the drive -up window lane from view plus there will be pine trees in the rear, hiding or creating a buffer visibility to the drive -up window; that Western Deli will be purchasing only the lot where the proposed site is planned and so it will be partitioned off and the user of the east lot is unknown at this time; that a record of survey or plat will be submitted to dedicate the cross access and utility easements; that the lighting will be down cast and a drainage plan prepared by a registered engineer and the striping and paving will be in compliance with the design standards of the City of Meridian. 9. That Scholtzky's Deli does not fry or cook anything except for baking their own bread; that the only cooking equipment is an oven and two cheese melters; that the Applicant's will however be providing a grease trap at the time of construction in the case the building changes hands and somebody puts in a fryer later. WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3 0 • 0 10. That Mr. Nelson commented on Shari Stiles' comments with regard to the landscaping; that the Applicant's will make an adjustment to the size of the trees so that they will be a three inch minimum caliper and that the signs cause no more glare than the existing signs in the development. 11. That the East lot which is most likely going to be developed to be retail, will not be owned or developed by Western Deli but that Western Deli would maintain the easement and that the monument sign proposed to be out on the farthest end of that lot and the signage would be shared by Schlotzky's and whoever goes in there. 12. That the Assistant to the City Engineer, City Planning Director, City Police and Fire Departments, Central District Health Department, Nampa -Meridian Irrigation District and the Sewer Department submitted comments and they are incorporated herein as if set forth in full. 13. That the Assistant to the City Engineer, Bruce Freckleton specifically commented that a Record of Survey will need to be prepared showing the lines of ownership, cross access easements, utility easements, etc. with regard to the portion to be occupied by the proposed Schlotzsky's Deli and the existing restaurant, Shari's; that all off-street parking, a drainage plan, lighting, paving and striping shall be in accordance with the standards set forth in 11-2-414, all signage shall be in accordance with the standards set forth in 11-2-415, that sewer and water would be by WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4 I • means of mains that were installed as part of the Central Valley Corporate Park Subdivision No. 3 and that assessments will be determined during building plan review; that separate sewer and water service lines will need to be installed for the area designated as "Future Development"; if the future development area is to be under separate ownership, sewer and water easements must be provided across the Schlotzsky's parcel. 14. That Planning and Zoning Administrator, Shari Stiles, commented that City Ordinance requires a minimum of one 3 inch caliper tree per 1,500 square feet of paved area; that the additional landscape treatment shown may warrant a slight relaxation of this requirement; that any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance; that speakers in this commercial area will not affect residential areas; that illumination shall be designed to not cause glare; that a Certificate of Occupancy is required prior to opening and contingent upon meeting all zoning, building code, public works, Fire Department, sewer provisions and agency regulations; that signs shall meet the Uniform Sign Code and City Ordinance, with no flashing lights; that a lot .line adjustment is needed to split this property in the manner shown, with cross access delineated on the Record of Survey for the interior parcel, unless Western Deli is purchasing the entire site for later expansion. Ms. Stiles commented that the site/architectural plan is an attractive one and that the project will be a welcomed addition to WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5 • the City of Meridian. 15. That there was no other public testimony given. 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 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 forth 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 conditions of the area, the Planning and Zoning Commission concludes as follows: 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 and Zoning Ordinance allows restaurants as a permitted use, but since the property is WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 0 0 being developed under a planned development process, a conditional use is required. C. The use apparently would 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 will be required. i. The development and use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That all Ordinances of the City of Meridian must be met, including but not limited to, Sewer and Pre -Treatment Ordinances, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 6. That the comments of the Assistant to the City Engineer, Planning and Zoning Director, City Police and Fire Departments, Central District Health Department, Nampa -Meridian Irrigation District, the Sewer Department, must be complied with. WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7 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 VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED DISAPPROVED: WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 8 OFFICIALS 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.BHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. 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) 8884433 a FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI 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 restaurant with a drive up window BY: Western Deli Shops, Inc. LOCATION OF PROPERTY OR PROJECT: Lot 5 of Central Valley Corporate Park 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 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRE IM & FINAL PLAT) BUREAU OF RECLAMA (PR LIM &FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMA S: ED SEP 2 2 1995 CITY OF MERIDIAN IL OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & 2 Adm. 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 a FAX (208) 8874813 Public Works/Buikling Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P & 2 COMMISSION JIM JOHNSON. Chairman MOE ALIDJANI 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 restaurant with a drive up window BY: Western Deli Shops Inc LOCATION OF PROPERTY OR PROJECT: Lot 5 of Central Valley Corporate Park 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 POLICE DEPARTMENT 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES �` � O OTHER: J YOUR CONCISE REMARKS: CITY ATTORNEY top. �,. CITY ENGINEER T CITY PLANNER G u4 r2>^ I+� a t i1w J11 Nom. rAy. f c r --;,e /Da SEP 2 0 1995 a..l 1 i Of m t6ii JAlW) �/ Ir 0 C T 2 6 1995 CITY Ilk mt,"w", JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary October 6. 1995 TO: Western Deli Shops, Inc. 7050 South Union Park, Suite 420 Midvale UT 84047 FROM: Karen Ga h Develo e t4eices 4,A n SUBJECT: MCU -17-95 Progress Ave s/o Central Dr Restaurant with drive-thru Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 4, 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 Meridian City Hall ada county highway district 313 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA4POUNTY HIGHWAY D#rRICT Development Services Division Development Application Report MCU -17-95 Progress Ave s/o Central Dr Restaurant with drive-thru The applicant is requesting conditional use approval to construct a restaurant with a drive-thru window. The 0.66 -acre site is located on the west side of Progress Avenue approximately 200 -feet south of Central Drive. This development is estimated to generate 350 additional vehicle trips per day. Roads impacted by this development: Progress Avenue - Local street with no pathway designation - No traffic count available ACHD Commission Date - October 4, 1995 - 12:00 p.m. SITE 184N Q W E S CENTRAL VALLEY CORPORATE PARK INTERSUTE 194 r CANAL VICINITY MAP NORTH Facts and Findings: • • A. General Information C -G - Zoning 0.66 - Acres 2,400 - Square feet of proposed building (approx) 281 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Progress Avenue Local street with no pathway designation No traffic count available 136 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) No additional required right-of-way Progress Avenue is improved with a 41 -foot street section with curb, gutter and sidewalk abutting the parcel. There is no sidewalk across from this parcel. B. The site is currently undeveloped. C. When the District originally approved Central Valley Corporate Park Subdivision, it was intended to be an industrial subdivision. Sidewalks were not required on the streets because of the industrial uses. Because the subdivision has developed with commercial, retail, and food service businesses, staff recommends that sidewalk be required on the street(s) within this subdivision. This site currently has sidewalk abutting the entire parcel. Staff recommends that, due to the changing nature of the subdivision, the developer provide the District with an updated Master Plan of the subdivision prior to issuance of building permit. D. Progress Avenue is constructed as a 41 -foot commercials street. Although current traffic volumes are low, several major commercial developments are anticipated in the area. Traffic volumes on Progress are expected to increase dramatically. As the only alternative to roadway widening, adequate traffic circulation can be accommodated only through restrictions on the number and location of individual driveways. The proposed site plan indicates two site driveways. The existing roadway construction provides only a single existing 32 -foot wide curb cut driveway located approximately 54 -feet from the south property line. The existing site's single driveway will provide adequate site access and minimizes conflict with the through traffic on Progress Street. Staff recommends that the applicant use the existing 32 -foot wide curb cut driveway on Progress Street or replace this driveway with MCU 1795. WPD Page 2 0 • vertical curb, gutter and sidewalk and construct one 30 -foot wide driveway a minimum of 5 - feet from the property line. No more than one site driveway should be approved. E. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. F. This application is 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: 1. Utility street cuts in the new pavement on Progress Avenue will not be allowed unless approved by the District Commission. 2. Provide the District with an updated Master Plan of the Central Valley Corporate Park Subdivision prior to issuance of building permit. 3. Use the existing 32 -foot wide curb cut driveway on Progress Street or replace this driveway with vertical curb, gutter and sidewalk and construct one 30 -foot wide driveway a minimum of 5 -feet from the property line. No more than one site driveway is approved. 4. Direct lot or parcel access to East First Street is prohibited, in compliance with District policy. 5. Provide a cross access agreement between this site and the parcel to the west prior to issuance of building permit. Standard Requirements: 1. 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 identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 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 days 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 identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. MCU 1795. WPD Page 3 3. A right-of-way permit must be obtained from ACHD 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. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior 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. 5. 6. 7. 8. 9. Continue existing irrigation and drainage systems across parcel. Continue borrow ditch drainage abutting parcel (culvert may be required). Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 10. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 11. 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. 12. 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 •m •n : •T • MCU 1795. WPD Page 4 y. CENTRAL CENi'i�AL DISTRICT HEALTH DEPARTMENT c DISTRICT Environmental Health Division H EA LT H Rete to: DEPARTMENT `'' 3 ❑Boise _ ❑ Eagle Rezone #" 't ❑ Garden city Conditional Use # �O —7, -JC. Meridian ❑ Kuna Preliminary / 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. - El f: ❑ 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: As 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 10. ❑ I I. ❑ 12. ❑ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 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: ,19 food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 15. Date: S�Al2i✓1✓rf l�'n /�l �f-i✓itZi'7T C�1 �-7-//.�1 l S Reviewed By: CDHD 10/91 rcb, rev. 1/9S Review Sheet CENTRAL • •• DISTRtCT • H L-)FA[TH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE. 10.83704-0825 • (208) 375.5211 . FAX. 327500 To present and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with 'the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ado / los. Courter OMke Vic loins . mwdm anon. Cour4 OOee 8n= Cauryr Olio Vd" ftMq oia 107 K Arrrehonq PL 1606 f? w SI. 520 E sh sheer N. d Errvira" 0 NsolA P.O. am I" am. 0. 13706-M floes. 0. 53705 MmnW H". 0. 190 S A Shed E MtCd. 0L an 6?m. ft*L 727.1499 PA. 334-M 63647 PR 587-"l MWIM Horne. 0. Ph 6347194 F+N Phan¢ 327.7 0 324 Mardon Rd 63647 PR 567.VM Immurnubnt 327.7450 Numrbrr. 327-7460 Mardon. 0. MW PK 666495 0 WC. 327.74M OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY O. 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 3 Z Adm. 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 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor p I A.S..0&V OCT - 4 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER CITY OF MERIDIAN 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 restaurant with a drive up window BY: Western Deli Shops, Inc. LOCATION OF PROPERTY OR PROJECT: Lot 5 of Central Valley Corporate Park 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 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: OFFICIALS OMJBOFTREASUREVA LEY ILLIAM G. BERG, Jr., City Clerk .NICE L GASS, City Treuurer A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA kRy D. SMITH, P.E.City Engineer IUC IUCE D. STUART, Water Works Supt. /� CITY OF M YERRINGTON ROBERT D. CORRIE ,HN T. SHAWCROFT, Waste Water Supt. `/ RIDIAZ WALT W. MORROW NNIS J. SUMMERS, parlor Supt. \ ARI S. STILES, P a z Aft, 33 EAST IDAHO P 3 Z CO_ MM�gg� NNETH W. BOWERS, Fire Chief L "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 JIM JOHNSON, Charman MOE ALIOJANI YNE G. CROOKSTON. JR., Attomey Phone (208) 888-4433 •FAX 8874813 JIM SHEARER Publicne(20888-Works/Buildingi 0 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 0J day of (f' ova 11995. 09 COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED VOTED — 6 VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - v )ef* � � n x r O N rr ��V V/ O �: t; �; �: �y I � —��, 1 ��i �,: .� r p.�: _.. _ L � �4 l� i' � 1 _ �\\', � i � 3�a :, �. ___ :� r.` ,� �- ��, C.' �a � - �._...._.r, i ���i�d � � is . �, ��_�__� it ti.. �. � � � � I#r �i�' ��� ����� ��. . -.� - �� , �, a,' �d4 � �� .. � �� I _ — .� ._ �' rrf. � .,Y �t�� ��, r .i j� a�.a r "_'1 e � � t . �,� �- . c mr . Meridian City Council November 8, 1995 Page 34 ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, I move that the City Council of the City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conclusions set forth in these findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the conditional use permit request as outlayed in the findings of fact and conclusions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #26: CONDITIONAL USE PERMIT REQUEST FOR A RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS, INC.: Kingsford: Does the Council have any questions on those findings? Is there a motion? Morrow. Mr. Mayor, I move we adopt the findings of fact and conclusions of law as prepared by the Meridian Planning and Zoning Commission for the Western Deli Shops Inc. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the findings of fact and conclusions of law as prepared for P & Z for Western Deli Shops Inc. with a drive thru window, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor I move that we approve the conditional use permit requested by the applicant being Western Deli Shops Inc. for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Meridian City Council November 8, 1995 Page 35 Yerrington: Second Kingsford: Moved by Wait, second by Max to approve of the decision on the drive up window for Western Deli Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #27: WESTERN HEALTH CARE CORPORATION: UPDATE ON NURSING AND RESIDENTIAL CARE FACILITY: Kingsford: Is that you Mr. Forrey? Councilman elect did you want to make a presentation on Western Health Care? I don't seem them, entertain a motion to table that. Morrow. Well, according to their letter that was in our packet they simply said they would show up at November 8 or at another time that may be more convenient. Obviously it is more convenient for them at another time. Kingsford: Well, I would assume that they said they were going to be here to get placed on the agenda. Morrow. Well, that isn't what their letter says, it doesn't matter, let's table it and be on with it. Kingsford: Let's not table it and strike it and they can make a presentation or get back to Mr. Berg. Entertain a motion to dispense with it. Morrow: Mr. Mayor, I move that we strike from the agenda the Western Health Care Corporation update on a nursing and residential care facility. Yerrington: Second Kingsford: Moved by Walt, second by Max to strike the Western Health Care Corporation update, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #28: CANVASSING THE VOTES FOR THE CITY ELECTION HELD NOVEMBER 7, 1995: Kingsford: Entertain a motion to recess briefly while Mr. Berg brings in the ballot containers. 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: Will 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 26, 1995 Page 2 Johnson: Any discussion regarding these findings of fact? Susan you want to get a copy of these as soon as you can probably tomorrow. If you want one there is one now. Now that they are approved you can have it. There is quite a bit in there. You want to review those. Thank you for coming. Any comments regarding the Pal mer's,findings of fact and conclusions of law? Entertain a motion then please. Rountree: Mr. Chairman, I would make a motion that the Meridian Planning and Zoning Commission adopts and approves the findings of fact for the next 3 items on the agenda. Shearer: Second Johnson: Any discussion regarding that, anybody have any objections to doing all three at once? We have a motion and a second then all those in favor of approving all three with one fell swoop, this is a roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Absent MOTION CARRIED: All Yea Johnson: Decisions and recommendations as written? Rountree: Mr. Chairman I so move. Shearer: Second Johnson: Moved and seconded that we approve the decisions and recommendation to the City Council as prepared on all three items, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further motions? Shearer: 1 move we adjourn. Rountree: Second Johnson: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 5:34 P.M. Meridian Planning & Zoning Commission October 10, 1995 Page 11 Hepper: I was thinking it was right in here someplace. Binning: He may not have a residence he may just own a lot. Hepper: But there is one directly the west of your property is that correct? Across the street? Binning: Yes (inaudible) I might add that these restaurants are kind of a new concept in our area, they are very small, they are about 400 square feet, there is no food preparation, everything is pre-cooked and brought in. They are just an extension of the typical service counter that you would find at a Jacksons the hot dogs and coke and soft drinks and it extends on around to pick up an additional service counter for in this case it looks like Blimpies and Taco Bell. Johnson: Any other questions? Thank you, this is a public hearing, is there anyone else that would like to ask a question or address the Commission on this application? Seeing no one then I will close the public hearing at this time. Rountree: Mr. Chairman, I move that we have Council prepare findings of fact and Conclusions on this application. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on this application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS INC.: Johnson: I will open the public hearing at this time and invite the applicant or his representative to address the Commission, you need to be sworn in. Jeff Nelson, 4858 South 1300 E, Salt Lake City, UT, was sworn by the City Attorney. Nelson: We are requesting a conditional use permit for a restaurant with a drive up window, I have to start off with an artist's rendering of the elevations of the Schlotzky's so you can get an idea of how it is compatible with the rest of the development. Johnson: (Inaudible) in quality or is this an actual one? Meridian Planning & Zoning Commission October 10, 1995 Page 12 Nelson: It would look exactly like this. The artist has left out the signs on the side of the (inaudible) because in the rendering they would just come out skewed and they wouldn't be readable. Johnson: I was trying to figure out how you were going to get the hills in there, the mountains. Nelson: Isn't' that nice, its a beautiful Meridian day. Last Friday, the Ada County Highway District met on our project and they recommended that we have only one curb cut and so we submitted a revision to our site plan which should be dated October 3, 1995, do you have that version? Johnson: Do you have that Gary? Nelson: If I could hold this up for you I could show you the only change. We previously proposed two curb cuts, one in two way and one out one way so that there would be a loop circulating from our lot to the East lot. Ada County said they would not support this and would like to see us with only one curb cut so we revised it and got the loop out to the one exit. We are in compliance with the parking, the parking requirements says the one is one space 200 square feet which is only 13 stalls and we are providing 22 stalls along with two accessible stalls. The open space for our lot is 34% of the entire lot which is quite generous. The landscaping will comply with the Central Valley Corporate Park design standards which are very attractive and very generous. There will be street scape landscaping (inaudible) and there is an existing three foot high berm between the road and the parking which will be kept and also there will be an additional shrub (inaudible) with shrubs at 3 foot on center and also shrubs to screen the parking area. The drive up window is located at the rear of the building. The building itself serves to hide the drive up lane from view plus there will be pine trees in the rear hiding the, creating a buffer visibility tot he drive up window which is sometimes a concern. There area few questions I think you might want answered from Bruce Freckleton, the Assistant to the City Engineer. We will be purchasing, Western Deli will be purchasing only the lot that we have proposed on the site plan and so it will be partitioned off and the user of the east lot is unknown at this time. That will be up to Bob Nahas or whoever purchases it from him. We will be submitting a record of survey or a plat as required to dedicate the cross access and utility easements. We will comply with all the concerns which he has listed here. Lighting will be down cast, there will be a drainage plan prepared by a registered engineer and the striping and paving is proposed as it is we will be in compliance with the design standards of the City. Are there any questions? Just for your information Schlotzky's Deli, we do not fry or cook anything. In fact, it is very healthy food, they bake their own bread. So basically the only cooking equipment they have is an oven and two cheese melters. So there is no smoke coming out of the building from fried foods. We will be providing a Meridian Planning & Zoning Commission October 10, 1995 Page 13 grease trap though because of what we cook it is not necessary but most people like to see it in case the building changes hands and somebody puts in a fryer later. That will be put in at the time of construction. Johnson: You have the October 6th letter from Shari Stiles? Nelson: Yes Johnson: Do you have any concerns or have you (inaudible) her comments at all? Nelson: She has 8 comments, which will all be complied with. The trees, that is, I think if you check the planting list (inaudible). I will make an adjustment to the size of the tress so they will be a three inch minimum caliper and the signs cause no more glare than the existing signs in the development. The speakers are very high tech speaker system which is you can understand it but it will not blast you away. Most people when they think of a drive up they remember those old bull horns that people put out there when drive ups first came in those are not used anymore and the speakers they use are quite nice. the nearest residence I believe is all the way across the road, across First Street, it would be impossible for them to hear it. As I mentioned a lot line adjustment will be made and the easements will be dedicated. Johnson: Any other commissioners have any other comments? Rountree: On the plat, you show the back half of the lot for future development, what might that be? Nelson: It was my understanding that it is most likely going to be a retail and most likely the concept, we will not own the lot or develop it, but the concept that was worked around was the building would go here and this area would be parking. Then we would maintain this easement around here. Does that answer your question? It was also proposed that, and this is not proposed at this time, but to let you know what was being thought of was that monument sign would be proposed out here and the space, the signage on that would be shared by Schlotzky's and whatever goes in here. But that has yet to be proposed. Johnson: Any other questions? Thank you very much. This is a public hearing, is there anyone else that would like to address the Commission on this application? Seeing no one then I will close the public hearing at this time, what is your pleasure? Conditional use. Rountree: Mr. Chairman, I move we have findings of fact and conclusions of law prepared on this application. 9 • 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. Al 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. 1 st 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 MEETING: OCTOBER 10, 1995 APPLICANT: WESTERN DELI SHOPS. INC. AGENDA I TEM NUMBER: 11 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH WITH A DRIVE UP WINDOW AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. 0 TRANSMITTAL 0 J.W. Robinson Architects 2186 Highland Dr. S.L.C., Utah 84106 phone (801) 486-7777 FAX (801) 486-7007 TO: If DATE: 1 From: A0C COMPANY: C Ai 0- �'���� ,<�, al - We transmit: herewith Messenger For your: approvalreview and comment distribution to party sign & return # of Copies DATE DESCRIPTION Remarks: PROJECT #: q`D-SS4 NAME �jC q L0 1 Z5 Y-' Q, ; c ;,0-n . Pro F MY FAX Number (�a Phone # UL 1 0 4 1995 Cli' i Ui `vtr iw)lAf . Transmitted by: Spry► t, c Total # of pages '12- (Including rZ(Including this sheet) • • TRANSPORTATION DEPARTMENT DISTRICT 3 • P.O. BOX 8028 • BOISE, ID • 83707-2028 • (208) 334-8300 October 6,1995 Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, Idaho Re: Western Deli Shops Inc. Dear Sirs, °IEECEI`V`ED 0 C T 10 1995 CITY Of MtK►WAI The Idaho Transportation Department does not have an objection to this application but without a more detailed site plan we will not allow any access from the site to East First Street South. This may be in the full control of access to I-84 interchange but with the plan submitted we cannot tell for sure. Sincerly; "d"J11 W 76L--- Gary W Moles,P.E. District Traffic Engineer GWM:LDS:Ids - An Equal Opportunity Employer -