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Jack in the Box CUP
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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE L E C ENN R. BENTL G Y 33 EAST IDAHO MERIDIAN, IDAHO 83642 P a z COMMISSION (208) 888-4433 • FAX (208) 887.4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 7, 1997 TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1/14/97 REQUEST: Conditional Use Permit for 2.800-square foot Fast Food Restaurant with Drive-thru Window BY: Jack in the Box LOCATION OF PROPERTY OR PROJECT: 505 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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. 8 FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CJ CITY OF vfEt'tID1A,1 APPLICATION FOR A CO':~~DITiONAL USE PERMIT ;vAME JGZCk i h ~~e ~o~ ~ d ~r~:~t i ~ ~ ~o ,~rcl~/,~f eC7~S PHONE: 06 - ~ 7-Z/Da ADDRESS: l4°l y0 .(/c 33''~ ~/ ~ZOZ Bel%u { , vt/~4- 9800 ~/ GENERAL LOCATION: (/~~ ~C ~ ~ G ~H; ~ V. ~~/ /4'vC ~ ~ - Z ~2. 5~ _ DESCRIPTION OF PROPOSED CONDITION 4L L~ SE: /~ / // , 7 Qnr7 i _... ~ . _ ~_ _ ~- ..L~. Y- - n .,.~ r et 7-.. , ~ r.~ .ter ~ i A/; Gf/~`vC- ~ 1~/" ZONING CLASSII~'iCATION: C~ PLA~ti': A plan of the proposed site for ~^s conditional use showing the location of all buildings, parldug and loading areas. tic access and trafEc circulation, open spaces, landscaping, refuse and service 2re~s. utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. LEGAL NOTICE OF PUBLIC HEARING Siga2ture of Applicant Soc:a? Security Number y7 Z _g 6 -~O S y Pursuant to established procedure, NOTICE IS I-~REBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing is the Meridian City Hall on at - m. The purpose of the Hearing is to consider a CONDITIONAL USE PERNIIT submitted by for the property generally described as located at SUBDMSION, BLOCK LOT TO • ~1~.~IK~I'~ ~ ISO 1~I~CKI~' ~' I ° ~C c~, NC., p.c~. Evergreen One, 10940 NE 33rd Place, Suite 202 Bellevue, WA 98004 (206)827-2100 DECEMBER 11,1996 CITY OF MERIDIAN PLANNING & ZONING DEPARTMENT 33- East Idaho Avenue Meridian, ID 83542 ATTN: SHARI STILES RE: Jack in the Box Restaurant / 207 E. Fairview Ave. /Meridian, ID Dear Ms. Stiles I am submitting to you, as the applicant on behalf of Bodine Oil Company and Foodmaker, Inc., an application for a Conditional Use Permit to construct adrive-thtu restaurant at the referenced address. The site is located on the southwest corner of East Fairview Avenue and East 2'/z Street, as shown on the site plans (30 w/ vicinity map and legal description) enclosed with this submittal. This Bodine Oil Company site is zoned appropriately (CC) and has an existing approved use as a gas station and car wash. Therefore, we believe this application is consistent with the intent of the zoning ordinance and we look forward to a positive recommendation. Attached also please find the Warranty Deed, consent of property owner, a list of property owners within 300' and check #9559 for $293.46. At your earliest convenience, please send us a receipt for the check. We understand that there may be additional sewer, water or trash fees or charges associated with this project, which we will be responsible for. We also understand that, as the applicant, we are responsible for posting the property one week before the hearing stating that we have applied for a Conditional Use Permit. We appreciate you assistance in this application. Please free to call if you need any additional information. Sincerely, FREIHEIT & HO ARCHITECTS, INC., P.S. Tl~o~~s L. ~,a~r Thomas L. Spader CC: Chris Smith /Foodmaker, Inc. CUSubmit.doc DEC-11-96 15:50 FROM:BOGLE&GATES SEATTLE/47#5 ID:2066212660 Gity of Meridian • Planning & Zoning Department 33 East Idaho Meridian, Idaho 83642 RE: Application for Conditional Use Permit To Whom It May Concern: BODIIYE OIL COMPANY, 1NC. consents to the application of a Conditional Use permit for the purpose of establishing a JACK IN THE BOX quick service restaurant with "Drive Through++ access. This application is in reference to the attached Warranty Deed which I submit to you as evidence of ownership. PAGE 4/4 FOODMAKE ~C,~an~oB1~D~ ~~~ ~~~ Permission to assignees to make application with the City of Meridian fo said Conditional ser Permit. BODIIVE OIL COMPANY, INC. ,~ , By: ~. Title: STATE OF IDAHO ~ COUNTY OF ADA jss. I ce that I know or have satisfactory evidence that ~I?/~r ~J~ '"' '~ is the person who a said on acknowledged that h~she si p~m'ed before me, and that she 's authorized to execute th g red this instrument and on oath stated the trument a owledged it as the free and volunt act of s of ~~ ~ ~~., ~ ,~ ~ ^ to be this instrument ~Y uch party for the uses and purposes mentioned in Dated this~~ay of , 1996. Type or Print N e of Notary Res ~ngPat lic in and for the State of Idaho MY appointment expires: ~~- .•.~~.~` DEC-11-96 15:48 FROM:BOGLE&GATES SEATTLE/47#5 ID: 2066212660 PAGE 3/4 • ~ ~ •.VYA.KK~1V'~'•Y :ll:L+i,~+,1,! • 'jee7ota,eiebl~ai4ta R P' erg ~ , . ,.mot •~• ' Y ~~. • •~~ ~ 1~.,~. •• F0arValsaeRECai1'!d ~~• ..,~~•~ ~ '•' ti''.r:. ?~•. . .. ' ~ slid ~ ;rifg, and I~A~tVIN R ':ff~*i: ~ ~0~1I]Y~l, husDa~d ~~ ; • .: rc~'. . ~ • ~+i,t1e ... 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' • 1 ftNA41lT;; • t• _ '; ~+':a:* Fa:6°_k ~ .~ ', "!, „~ ~ -...,D~'~: ,, ~. • 11 r..._... ,,, •` .:tlai:r .fare:•S•~'r~ •• .-~ '•.~ '+•~' '••" . NOV-26-96 TUE 10 36 ALLIANCE TITLE FAX N0. 2083369342 P. 03 !"MttU2 PUli 36 N [r ;~ M A S I' P. R U P D R T (. ALL.I,~iNGE :L :l/26/36 Parcel 511U'I"~Z32(iU Lo a Area U3 Type Qty value ACTIVE Name LiUDINE (1T.L CU INC 21U 1..J.5Q 128SU0 GGta from 42U 49.3U(J ~iaste.~~ buyer 421 12~1U0 Uani< Lode (:; U I._UIZEN & M ti UDIN 1. leri Code Address F'U :3CtX 116 P~"ePaid L..I.D. >~riz.[UTAN ID Bankr~.ipt £i .3E,'i3U - 01'16 Last Change 93/U2iG1 tIy ~ ASR__LAZECd Legal F'AR ~326U Uf= N4J4~iW4 txc RD ~/w 5LC i 3N ;IE ~,ub .Code Annexation 'NU 'iot~~l 3U290U Notes Bxemptior- Grp UUU 'Iyp OOU Ap M:sNiEOO~r'::izac~ :3N ;[~ c,r ;iardsh;p F'rapc~•ty Toning C-L' flag Address uU2U7 ~: FAIR'~IE AVr h1trR,lDIAN ID U~iEir~2 -0000 U.U. Space Type 1 REA Ro11 1 PRIMARY C)cc. U NC?N-UCC Action: F2~5e1ec t f:3~f:xit f1U=1"ax wf MKULi~ U6 3G N F., W Ni A S T F. ~' U P D A C E ALLIAN CE 11/2ti/96 Par°cel Ii13fi601U0'IS Co c Area U:~ lype Qty Value AC'I IVE Name D~OUKr T~:RRY R ~ l~lrRM'L M 2:IU .350 55000 Data From `12U ;~U9()U ~iaster• buyer X121 550UU hs~,n1< code C~'U L i 2n Lode Address 2'1.5 E I~A,l1~VIt4+1 A ( PrePr~id L.L.U. MERIDIAN ID Bankrupt 8364 - l ~r;b Last CI-iange : 35/u5/:17 (~ ASR~_?1UUSE Leya l N 9C1 ~ OF L. (? I' 2 F C; (Z/W G[-tAP ] N SUB P~U 2 ~'>50~U6~b6•~4~l ~IU~OJ,iJ0UuU2~ Property Address ()Ul15 E f~AIKVIF~i Space 'I"ype~1 Rk:AI f1='~Sel~r,t F3-Cxit I 5ub.l:ode Annexation 'NU total 1303UU Notes E=xemption (~rp UUU Typ UUU Ap ;~N ;lE u1 Narc{ship Zoning R-8 Flag AVE. MF.fdIUTAN ID £3364'1.-U(ltJ () D.Q. RoII 1 PRIhiAf~Y Ocr. U NUN-UCG Action: FxU=Tax NOU-26-1996 09=40 2083369342 96i P.03 NOV-26-96 TUE 10 37 ALLIANCE TITLE FRX N0. 2083369342 P. 04 PFMP~0;2 PUF3 !fib N£ W M A S 1 ' t; R U P U A T E Al.L1A N(::E 11f26/9b Pr~rce l R1~366U10U'1:3 Lo . e Area U:~ 'l ype city V al ua kCT IVE Name GA1~l)USKI MII L[. [AM S' ElLE:EN 200 .1QtJ ;L'?90U Gatti From 4lU <'%~UO Ioaster~ fir.~yer 990 :[86UC1- Bank Code C/U l..icn Lade Address 1t~U UI. 1/2 NU 5T t'reNaid i_.I.G. hiERIUTAN IU ~ Bankrupt '" Last Changer ~a4/0%/2'1 133 Legal PAR #Uu:l3 IN LOT CFiAPLN SUF; 2 ~D2,c34£3Ei4 83b41 - UUUU r~SK.--AI_l_EN 12 Sui7. Code Annexation "NU I Otc3 ( ~4I.5UU N4teh Exemption Carp U00 Typ 000 Ap NQ:3U1000UU'~A 3N ;.lk U1 Hardcl°+ip Pro[Serty Lon~n9 R--$ Flag Address U1.v20 F U2 '.i./2 ST toL-RIUiAN IU 83542-UUUU U.U. Space Type :l h1;A 1?0~11 1 PfeIhfARY Ucc. t~ NUN-OCC Act;icn: F1=Se~l ec t F3=Exi t r 10~'I't+x Pt~MRU2P UF3 yb N (: tal r`~i A 5 T L R U P U A 'I' ; AI.LIANC:[' 1:l/2G/9v l~arce1 K136eU~U0u5 Coc e ~4rE~s u3 ~!'ype Qty ValuW ACIIV(. NdmF BUDINw UIt_ CU INt 2lu ,2:10 3U0UU Uata From ~~1U 2UUU toaster F~+,ryer Sank Code c;/U Lien Dade Address FU BUX '1 a.6 Prepaid L.I.~U~ ML'flIGIAN [U Bankrupt t.ast Chanyrr 93/04/08 1~} legal LOT 1. CNAWI~d SUB NU ;2 roG3UiU000UIU Proper°ty Address UU:2zi ~ FA1.KV.[F'U, 5Nace Type 1 k(:Ald F~2~Seiect F~=txit 83b8U - U116 Sut..Code ,4;iI1~LALEN Annexd± i on "NU Total j'l.yUO Notes >wxemption Grp tJUU I'yp UUO Ap N ;I.F Cl'l Hardst-rip Zon'i r+g R-li ('' I ag AVL- MER[UT.AIV ID 83EidJ-UU(JlJ U.U. Roil 1 Pt3IP~AfiY Occ, !! NUN•-UCC Action: F1U~Tdx NOU-26-1996 09 40 2083369342 96X P. 04 NOV-26-96 TUE 10 37 ALLIANCE TITLE FAX N0. 2083369342 P. 05 • ~I a>F~ipU2a~US 96 N k F'~arcel t~J.366U1UUt0 Coc Dame ti +~ N LRNU A~iU C~ t3uyer• L"/U Rcidresr •~ tt75 N CULE KU bCII~E Last C;rtange s 96/U'i/26 ~y L2ga'I LUIS 3 TU 11 CNC L'IiflPIN SUk3 NU 2 #'96Un6i14! h1U3U10UUCt~I'7,q Prove ri:y Address OU3U2 GIZULEfZ Space Type 1 REAL 1-2~Se'iect t=3=Exit PFMKG2PUii 36 N E Parcel 511U~7:tt_3:[OU Coc Name PAYLES5 DRUG S(U( NUrll HVJE51' I.NC Buyer Gi0 Addres~~. x'1.70 SW PC:YTUN Lt WI(..SUN'YILI..E Least Chern~~e 91/Uai?5 Cif Legal PAn #.3~ZUt; [J F' N+~14~I SBC / 3N 1E f`r`Z~311',Ci- ;,'90U7529 ~0U753 f~3NiE~JU'/3200 Pro{~Erty Address U1.6U0 C U:IS l Space 'fype 1 KEA r2-Se~lect F;~~Exit W hl A S I' E K U a> G A 1' ~ ALt.lANCk 11/26/96 e Arc?a u3 '(yp~ (2ty Value ACI~.IVE I'TLE CU 11.U ?_.290 95000 Vatt1 From ' ~x:'CO ].56U3UU t~iaster Bank Lade t.ien Code NreF'aid L.I.U. lU bankrupt U3U~l - 8:37 Sud.Cods v2 ASCl ALLEN Annexation ;N,~ Total :Lti55:3UU Notes R,+S #'2U69 ~xcmption (~rp UUU I'yp UUO Ap :lltil 1E U7 a,~'~rdship Zoninc} R-40 Flag AVti iriEKiUTAN IU d36,~2-GUUU U.L). fioll :l PRIFhAkY Occ. 0 NUN-OCC Actions 'r:l,U-Tax W M R S 'f E k U P U A 'I' E RlL1RNCC. 11/26/96 ~e Area U3 fype city Value ACTIVE '{»S 2lU Z.7'l0 21U~100 Data from q~U 89lbUU Master Bank Code Lien Coda ~ PreNaid I..1.U. U;~ f3anacrul~t 97UlU - g20U Suu.Code AS+~ -)UNNA Annexation "NU To•ta i 1.7.6:000 Notcas ~w~.l exemption Grp U00 Typ UVO Ap 3N 1s_ U7 tiardsh i p ~'oni nc~ C-C F'I ay ST MEKIUTAN IU Ei3G42-UUUU U.C). Kai I :l P~;.Ih1RKY Ucc. U NUN-UCC Action: F1U-'f«>c NOU-26-1996 09 41 2083369342 961 P. 05 NOV-26-96 TUE 10 38 ALLIANC f~FMCa02PUt3 96 N k Pdree~l 5J.1U72231$0 Cad Name Ci_F.GCs YNVE5 C M£`N'f s Buyer cIo Address, 1~~ N CAf'I'CUL GL4 r3oz5~ Last Change 96/J.UfU4 ray Legal PAfl #:32$0 OF NW4h 8FC 7 3N 1L #22:3L5U-Fi #~~6U73111a i~N1EUU732$U f~roperty ~,dc+ress 0;1602 E U15't Space Type 1 RNAtI 2=Se I ect 1=3-F~xi t NF~MF:U2PU8 96 N t Parcel 5110722a;~'iU Coc Name E30U1NE azr. ~UMPAn Uuyer C i U ', ,~ddres5 PU 13UX "(.:I.b ~ M~r~I.DZAr~ i_.ast L"1-iange 53I02/U1 ti Legal PAR #3~1~7U OF hW~l kXC r'2U FZ,/W SEC 7 3N 1E M:3N1L11U'1;i2 7U Property Address 01682 E~. 0:151 Space Type 1 RF::A F2=5e1ect F$=Exit TITLE FAX N0. 2083369342 P. 06 W iii A S I" k (~2 U P U A 'I' E ALLIANCE '11/16iS6 e A~•ea U3 hype Qty Value ACT.IV~ INC 210 .$9U £385Uv Uata 1•rom 420 1. '1 ":3EiGll Master Bank Code Lien Code U S1'E 500 NrPI'a7d L.i.U. CU ti~ankru}~t '` $3702 - 5950 Sub. Code 11 ,4SR_K INSH Annexat ~ on '` NU 'Iota'I 2(l 1.100 Notes W4 exempt,ion (srp UUU Typ UUU Ap :3N 1E G'I Hardsh~ i p Caning C-C Flag Sl N~LRiU1.AN i(~ $36a2•-U C1QU D.D. Roll 1 ('f~IMAftY Ucc. U NUN-QC;C Action: F10~Tex W M A S 'I' E K U P U A 'I' 1' ALLIANCt .L1%Zb/~6 e Area U:3 lyoe Qty Vaiue ACTIVE v zNC 21. C1 .920 120200 UatG From 420 ] 4£;a 00 Master Hank Lade L 1 Q.11 Cade Prepaid L.I.U. IU Bankrupt $:36$0 - 0116 5ub.Cade A5R I_ALEN Annexation "Nu _ Tatal 26a:3UU Notes W4 kxemptior~ Grp UUU 1'yp UUO lap .3N 1E Ul riardship Zoning C-C Hag 51 i"lE(iIDIAN IU 836q;l-uUUU U.U., Rul I 1 NitIMARY Ucc. 0 NUN-UCC ,4ctiori: F-1U~Tax NOV-26-1996 09 41 2083369342 96X P.06 NOV-26-96 TUE 10 38 TITLE ALLIAN( FAX N0. 2083369342 P. 07 PFMR();tP!Jfi 9U N F W hl A S 7' E (~ U N U A t F ,4LL1ANl;c 11/7t';/fib Parcel S1J.U122:~265 horse Area U3 lype QtY Value ACl1VE Name P~UA L"UUNTY H1GN~IFlY DI:iT-~1C't 81.U o151.~ ()ata From Master Buyer k3ank Cpde C/U Lien Cede Rdd+°e~ls 3],8 E ;311~-i ST f,rePaid L..1.U. 1301SE lU (iankrupt !_as•C ChA~nge : U~'UU,/UU i3v Leyal PAR ~32u5 0~~ NW4n E)iC, FAD R/~) :~tC •r 3r~ 1E f3jl:l4 - 61:18 Sub.l:ode Annaxa'tion "NU 1'ota I Notes td 4 Exemption b3-1(?5A Grp OUO Typ UUU Ap i~3Nlr=UU1326`a ;~N 1E U~ Hardsl'~ip Property Zoning (:-C Flag Address UUUUU 1G D..D. Space lype 1 RFA fto'Il 1 Pn1MARY Ocr. U NON-OCC Action: E"L=Selec t FJ=Exit r1G~Y'ax PFMRU2f' UB 96 N c W M ,4 S T E. fi u P D A 7' E ALL.IANCk 11/26/9Ei P~ar•cel S:t:tui123350 Co e Araa U~ 1"ype C1ky 'Jalue ACl1VE Name !<NOWAI.L 1;~ ~ MACK ' Y 1'v L L C l:lU .6;1U 6;lkillU Data From X420 2~64UU Master t3t.~yer Bank Code C/U Lien Cude Address 3712 SAP~ADA 4~IA1' F~r~:Paid L.(.U. h3015k 1D I3artkrupt ' Last L'f~ange taq/1U/3:1 85 Lega'i C,AIZ t~33~+U ClF N~4~ SEC l 3N 1r ~~~~z~t~--13 I#S~Ud~i61f~ hh.~N"1kUU yJJS(i Nr~oper~h.y Address 0"15;18 E 01St Spar.~~ 'type :1 REAL F2=Selc~Ct F"3-Exit d3 ]02 - :1513 Sub. C:ocie A5f22 ALLEN Annexation `NU )otal 3U8gU0 Notes W~ Exemption Grp UUO 1'yp 1100 Ap 3N 1E G'7 I~iard5hip Zoning} C-C tr'I.~g Sl r~LI~1DIAN lU 83ti~:C-000U G.G. i~a"I "i '1 P~1MAK1' Ucc. U NqN-UCC Action: NOV-26-1996 09 42 2083369342 96X P.07 NOV-26-96 TUE 10 39 ALLIANC Phr~RU2PU~ ~e N f'ai•~ce l S1'1U6346'75U Coc Name rI=~L c,atz INC ~3uyer C/0 Address PU BUX ~41~ PiI~;Z1glAN last Change s X5/12/26 !iy Legal PA~2 ~ti/5U OF 5~a: S~:C ti 3N :lE TITLE FAX N0, 2083369342 P. 08 ~l iV A S 'r fw R U P U A T r ALI.IANLE 1:1/2(i,'~e e Area U:3 'Iyp2 f~ty Value ALIIVE "y"lU .750 762UU U~ata From ~+7.U 1419UU Master ~3~nlt CocJe Lien Lode Prepaid 1....I.U. ID 4.I~n~~"Upt ~5 a ~.~bao - Gw:~w su~.code cif ASfl UIXIE Annexation "NU total 2J.37,UU Notes wa Exemption Grp 000 Typ UUU Ap M3N1E0U6~75U Prope?rty Address UU22U ~ f=AIRVd.tiN Space Type 1 PiEAt. f-2=Se~lar.t P3-I.x•it PFMR02PUt~ ~Jti N k Parcel S].;1U634654U Coc Name ftUE f l"0 KENN~;~I~h A l'iuyer L'/(7 Address Sti:3U p]~RMUNU RIpC NAMI'sA Last Change « 9(i/U6/2~i t3y Lega'i PAr~ t`~(i5wt) Ui= St4~ SEC f ~N ;!E M~N1EUUtit754U Property Address UO~Z16 E FAIRVIEW S~7dCE 1' y('iL 1 fr AL FZ=Select F3=Exit. NOV-26-1996 09 43 ~iN a.L Oti hardship /_oning C•-G ~ iag AVE riiERIU).AN iU 8a6U2~-0000 U.U. Ro~l1 1 PRIMARY Ucc. U NON°OCL' Action: r1U=I'ax 4V M A S 1' f: R U P D A T E ALLIANCE 1~./;l6/36 e Area t).3 Type Qty 'Jalue RCTIVC & ! 1 NuA Ni 21U . f3UU SUUUG Oats From a10 19110G Master ~anf< Cade Lien Code (: WAV Prepaid L,.I.U. ID f3anKrupt 3UEiYE~ - S5U9 Sub. Code ASR CHAUU~L Annexation "NO total 211100 Notes w~ Exemption Grp UUO ry,~ UUU ,ap 3N 1E Oti Yiarciship Zoning L°G F'1ag RW~ ~iERIUlA1V lU f33U41-GUUU U.U. Ro~i 1 'I PRIMARY r)cc. U Nt1N-C~CC: Action: F1U=iax 2083369342 961 P. 08 NOV-26-96 TUE 10:40 ALLIANCE TITLE FAX N0. 2083369342 ~I PFMf~U1PUB ~b Iv .F >`>arce l 511U63:~o53U Ca Name ~UDINw ~IARVIN R buyer ClD Address uU LOX :1.16 P. 09 W M A S T F_ h U P D A T E ALLIAN(;I: 11/26/9b e Arcs Os lyp2 QtY Value ACTIVE ARLENE M 21U 1.%5U 86'700 Uata From ~~2U d.5(1U Master ~J2:L ;1400 frank Code I t) 836f3U - 0:116 (.ien Code Prepaid L.1.U. t3anlcrupt Sub.Code Ldtit Change r ~:3/U:2/U1 f3~ : RSi~,_ LRZE.N Anne>cz+tion "Nl~ T'Gta I "1816UU Notes I_eQal PP~R i;:653U Uf= GUV1 lCll 7 ~ S2SV4~1 Exemption SEC U 3N 1E ~(?1341Ga Grp UGU IyF UGU Ap M"3N'IEUUE~6~3U .iN 1E 06 i•iar~d<,hip Prop¢rty l..oning C-C Flag Address OU21U r* ~'AIf~V.IEw l.D U.U. Space 1"ype 1. kE~4l. Ro 'I'I 1 PRIMARY Ucc. U NqN-UCC Action: t1-Selec t F3~E:xit F1U=Tax PFRiRU2P Ul3 9G N E W r41 A S r w; R U P D A 'r E ALLIAN(:~ ;1.1/26/46 ParcE'I S11U6336~7.U Co e Area U:.~ lype f~ty ValuQ A(:,TIVE Name BU~'RUP 3AY 2y.U ..~dU 35IIUG Data From 42U ~I]5(!U master Buyer tsank Code Cf0 lien Code ~4ddr~ss 32UU pUCh ALLEb' u Prepaid L.I.D. trAGl.tr lU fiankr~..ipt MEt~IUTAnI $36.16 - 5552 Last Change : ~1/03I24 Li, RSR_"THOMA5 Legwl PAS' ~E~a1U GF S'vd~ !~~ S(=C 6 3N 1F~ #~364z5-~ ~~6G218~ M3N1E111J~b41u Property Address OU2UU E FAIRV1Eb Space 'type 1 RkA F2=Select. F3MExit NOU-26-1996 09=43 Sud.Code ~i4 Annexation ~ItiG Iotal .1263UU NGtEs kx~mption Grp OVU 1'yp fJUIJ A~ ,3N 1E U6 liar•dship 'Lon i nc~ C-C f` I ag AVE MERIDIAN Iu $.3641-U000 D.D. (~a'I1 1 F'i21roIAKY Ucc. 0 NUN-UCC Action: F"lU='I ax 2083369342 96i P.09 NOV-26-96 TUE 10 40 ALLIANCE TITLE FAX N0. 2083369342 P. 10 .. F'FMRU2 PUB 96 N E l4 N A S T C R U N U A T L ALL,(~gNCE 11/'lbl9o Parcel S1~.UG336~OU Cod e Area U3 Type Ql.y Value t-tCl'IVE Name tJ S -iANK llf^ I C+Afi ~ NF- 2"lU :l . q l U 5 )8UU pa't a From CURT' f:EAL ESTATE.- WV~H231 ~~aster• Buyer k3ank Lode CIU (;UtZPURP,'I'(, PRUPE.RT lE5 MU--,~ Lien Code AddrFSSS PU BUX 13837 I'reF'aid L.z.~. NUR'fLANU Uft fiankrupt 9I1UE - 883'1 Sure. Code tn~4 Last Cr+ angc 95/0'%IU~ L3, : ASR__riUUEL[. Annexatl~n "NO 'I ota I ~ 1t3U0 Notes Legal P~4il ~Ei~IUU OF ;iWk` W4 SEG f; sN 7.E Exemption ;~3:~6425_ . 1~93aa2'.~3 95U342U: Grp OUD typ OUO Ap R~3N;lf_OGfi64U0 3N 1E Un har tis~+ip I'r-opcrt y Zan ing (.-C flag Address UUlUU h_ 1=ALRVIE AVE D1ERt0.IAl~ 1D 8.36~~:C-OUOU p.U. Space Type 1 R~:A Rol I 1 P fvINiARY Ucc. 0 N7N-UCC Actior-: t'2=Sel4 ct F:3~F_xit I`1U='rax PF fiRUl PUfi 97 N E 4V ~f A S T E R [J P D A 1 E AI.L l ANCE :11/2ti/96 ParcE l Sx1U63:363US Cc, e Araa G:3 Type Qty Value INAL;T IVE Name CI1Fhf:Y PI.ALA A5S( C.IAT'E:S LLC 21U 8.790 134U1.UU 4;?_U 'l~%t~J400 Buyer 42:1 1283U0 6Ank~ Code L/U GIVC~NS PUti~LFY & HUN[LkY Lien Cade Acidres~ 2~I N t?bTfi 5[ SU fL 100 Prepaid 1..1.U. iiU1SE XU fj~~nlcrupt Last Change 90/'11~f1i B Le94=~'I (BAR #ti~3G5 Ur SW~ 5FC a N :11 $~33631i0-t~ ~9F;G372%2 f~3r•~;IE;UU(i6:3U5 Nroper~:y Address UUUGU F FAIRVif= Space Type 1 REA F2 .Select F;~=C:xit 3;3702 - UUUU Sut~.CotlF : ASI~;~ CUMB5 Anne>ca'tian "PkU Total 32364uU Notes W4 exemption Grp tJ95 Typ 1J.U Ap S>~ 3(~ 1F~ ()li ~tardsnip Coning C°C Flag AV(. MER[UTAN i0 D.G. Ro~l'I :l 'RiMARY Ucc. U N[JN-UCC Action: F1U-1'ax NOU-26-1996 09 44 2083369342 96X P. 10 • 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 7:00 p.m., on January 16, 1997, for the purpose of reviewing and considering the Application of Jack in the Box, for a Conditional Use Permit for land located in NW 112 of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at the Southwest comer of E. Fairview Avenue and E 2/12 Street. The Application requests a Conditional Use Permit fora 2,800 square foot fast food restaurant with a drive thru 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 sha11 be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 31st day of December, 1996. LLIAM G. BERG, JR., C LERK 7~ . 1• _ k' 222.10' ----~~--'------- \, ,I. L ~ I~, ~ 1 o II ~ ~ 16 71 e r m-l yr 4 I S! AR ! I t p ~ __ a ~ i¢y xl r- N 4R I s _~ a ~_ I R Q r ( !i ~Y , JACK 111 tNE `#dX _ , 1 // jjj~ - MK 708.84 ~ '' ~ e I + ~ I ;;: I. i .I J 1 'J II ~. I (: :. I I ~ I i 1~ ~. i 4 i I ( 1 ~ I I I ~ ~~ ~ 1 I 1 __ L _ F .. +f q }. N „ ~ ~ ~ II y ~ T ~ b .~.~. W ~ 7n bR N _ __ i 1 h ~ Zi U 17 M' 1 p41' (~D' 1. ~.~ ~ 0, 6 z II ~ ~ O I N I ~ # ', X 14T ~ IIR Z1[ i ! ~ ~' . 4' 074' !' M' - ? M' ~ .. 7f _ 11 ~ I~ ~ ~ K ~ p 1 N ~ I ~ ,~ II • 11 - ~~ ,~ ~~ ~ ~~ ARCHITECTS BRS Architects, A.I.A 1087 West Riuer Street, Suite 160 Boise, Idaho 83702 Telephone 208 336-8370 Fax 208 336-8380 Ada County Highway District 318 E. 37th Street Boise, ID 83714 Attn: Dave Szplett Dear Dave: March 20, 1997 Re: Jack-in-the-Box - Meridian BRS Project No. 95163 Pursuant to our meeting and my discussion with Meridian Planning & Zoning, in behalf of the applicant, we respectfully request Board approval for the redesign of the proposed Fairview access. As .has been previously noted, the original site plan inadvertently omitted the second building proposed for the site. This second building is proposed with 90° parking located north of the unit; thus potentially creating a safety hazard with incoming traffic. Knowing that ACHD has planned a raised median fronting this site, we proposed a standard 30' wide access located approximately 115' west of east 2-1/2 Street. Further, it is agreed that the project will not be allowed to open until ACHD completes the aforementioned raised median or, in lieu of this, the applicant installs the median at their expense. We are fully aware that the second building is subject to Conditional Use approval and will be submitting same upon the property owner's request. We appreciate your assistance in this matter and look forward to an expedient approval. Sincerely, BRS ARCHITECTS Billy Ray Strite BRS : ~cw Encl. cc: Bodine Oil/Mary; Jack in theBox/Chris; City of Meridian/Shari • FAX TRANSMISSION ADA COUNTY $IGtIWAY DISTRICT 3 19 E~sr 37Th( SrneEr BOISE, lawn 93714 (2081 3,5-7690 Fnx: (208) 345-7650 To: Bill Strite, Noted Local Architect Date: March 13, 1997 Fax #: From: David Szplett Subject: Meridian Development Projects COMMENTS: Pages: 1, including this cover sheet. ACHD staff have reviewed your request for driveway changes to the Tom Scott Motors site (MCU-29-96) on East First Street. Staff have determined that the site change is significant and that the City of Meridian should review the change before ACRD staff reoonsider any requirements. Please review these changes with City of Meridian staff and present a letter that indicates that a reapplication is not necessary. ACRD staff will then proceed with a review of the requested changes. ~~ ACHD staff have reviewed your request for driveway changes to the Jac1c in the Box (MCU-34- 96) site on Fairview Ave~e. Staff have determined that the site changes are significant and that the City of Meridian should review these change before ACHD staff reconsider any requirements. Please .review these changes with City of Meridian staff and present a letter that indicates Thai a reapplication is not necessary. AC-H17 staff will then proceed with a review of the requested changes. V' -rn m~ ! : I Z~i rn 3 rn z X lP ~~ ~" ~~ I y. I s D I g I NI i0 J lfl m I I ~~i r ~i~ • ,'~ D 211b $ Q + IDID ] V 5e~ ~ ~6 0 ~ ~~~~ D D ~ I i ~~~~ r ~ m I ~ ~ ~y ~ s ~ I ~ r ~ ~ Q ~ ~ ~ N k ~ ~ ~ i~ ~ ~ I A I A r ~ ~ m I ~ ~ _ _ __ P t Y ~ 1~ ~~ ~ I ' .~ T - ` 70634 _- N [nP~734'~' ~ ~ EAST 2 1/2 STREET t b ~ ~ ~ '. e_E ~m ~~ U X ~m ~E ~~ ~O b~ ~p~ 11 b r A a ~ ~ ~ ` ~ ~ FOODI"IAKER PROP05AL FOR: ~ ~ ~ ~ ~ ~ ~. ~ ~ m. P ~ o ~ 1" i/1'"1 MARvIN BOD INS ' ~ ~ ~~ w m ~ MERIDIAN, IDAHO ARGFtlT~CTB Meridian City Council February 18, 1997 Page 36 Uniform Fire Code, parking, paving, landscaping requirements and all ordinances of the City of Meridian. The conditional use permit should be subject to compliance review upon notice to the applicant by the City. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by tUlr. Tolsma for the decision and recommendation as stated, any further discussion? All those approved? Opposed? MOTION CARRIED: 3 Yea, 1 Nea ITEM #13: REQUEST FOR A CONDITIONAL USE PERMIT FORA 2,800 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE TtiRU WINDOW BY JACK 1N THE BOX: Corrie: Is there a representative of Jadc in the box here tonight to give us some information? Smith: My name is Chris Smith, I am the regional construction manager for Foodmakers owners and operators of Jack in the Box. My address 18161 Segali Park Drive, (inaudible) Washington. We have proposed to construct an approximately a 2,800 square foot restaurant single story wood frame building with all of the associated landscaping and parking requirements, grading and drainage as required by the City of Meridian and Ada County Highway District We have received comments from the City of Meridian as well as Ada County Highway District and have no trouble with complying with alf of their requested requirements. I would respectfully request that you grant us our conditional use permit. Any questions? Corrie: Council, questions? Thank you sir, question of Council to staff? Morrow: My only question would be is Gary and Shari satisfied with the responses? Stiles: Did the applicant, did you point out any of the proposed changes? We received a revised plan that is not real significant. There are changes to it as far as landscaping setbacks on Fairview and 1 just want to make sure that what you are approving is what they really want to do. Morrow. The only thing we can approve is what is in our packet at this juncture. Smith: That is correct that is why I didn't say anything. What we did is we talked to Shari before the meeting to say the changes that we want to make do not make any modifications to what the Ada County Highway District has recommended and or what the City as recommended. We want to tweak the site plan a tittle bit either direction Meridian City Council February 18, 1997 Page 37 because our setbacks are bigger than what is required and would just allow us a little more versatility with the property. Stiles: The changes they have made are not significant. I would just like the Council to be aware that what they have submitted is not what they intend to do. Smith: I have some miniature site plans if you would like to look at them. Morrow. Mr. Smith, I am looking on this plan and I don't see (inaudible) I take it by your response there won't be a car wash bay on this project, is that what you are trying to tell me? Smith: That is correct. What we have done actually and if you look at the middle of the package at your findings of fact, the site plan that was submitted originally. We have moved the building a little bit closer to Fairview to allow parking on the south property line up against the old Smith's building. The site plan that is in your package was one that was originally submitted and it doesn't incorporate the Ada County Highway District concern or request for the curb cut on Fairview. But the site plan the 8 '/ by 11 does. So in essence we want to tweak the site plan (inaudible) a little bit, none of those changes are beyond what the County or City (inaudible). Morrow: All landscaping is still the same? Smith: That is correct. Corrie: Any further questions? Council, what is.your pleasure on the findings of fact? Bentley: Mr. Mayor, I would move that the City of Meridian City Council approve and adopt the findings of fact and conclusions of law as per the Planning and Zoning. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to approve the findings of fact and conclusions of law as prepared by the Meridian Planning and Zoning Commission, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea., Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Rountree: I move 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 conditions set forth in the findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, Meridian City Council February 18, 1997 Page 38 parking, paving, landscaping requirements and all ordinances of the City of Meridian. A conditional use should be subject to review upon notice to the applicant by the City. Morrow. Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow, the decision and recommendation as read, all those approved? Opposed? MOTION CARRIED: All Yea ITEM #14: MARTY GOLDSMITH: CONTINUED DISCUSSION OF SALMON RAPIDS SUBDIVISION: Corrie: Is a representative from Salmon Rapids Subdivision here tonight? Smith: Mr. Mayor, 1 have a meeting scheduled with the representatives Thursday morning to discuss this sewer service area issue. So, I don't think anybody is still here from Marty Goldsmith's court. Rountree: Becky is here. (Inaudible) Smith: I think Becky is requesting that we table this until March 4. Corrie: Council, entertain a motion. Morrow. Mr. Mayor, I would move that we table to March 4 for discussion of Salmon Rapids subdivision. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table to March 4 on the continued discussion of Salmon Rapids Subdivision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: INTERSTATE CENTER: DEVELOPMENT AGREEMENT, CC&R'S AND NON-DEVELOPMENT AGREEMENT: Corrie: Is there a representative from Interstate? ~ ~ MERIDIAN CITY COUNCIL MEETING: ~a~ruarv 18.1997 , APPLICANT: JACK IN THE BOX ITEM NUMBER; 13 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR 2800 SQ. FT. FAST FOOD RESTAURANT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERfD1AN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES FROM 1-16-97 P ~ Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUAIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~ C1 ~ I1 `1 ~ ~ ,~ ~~ IDAHO POWER: [ ~. US WEST: ~ ~ ~~~~ ~~~,~/~ INTERMOUNTAIN GAS: " I ' V '~~" ~, BUREAU OF RECLAMATION: /~ /~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. i Meridian Planning & Zt~g Commission January 16, 1997 Page 27 exposed on this side. However it is all covered. So they did not put their fence where the boundary line is. That is all I have. Johnson: Thank you Dale, anyone else? I w~l close the public hearing at this time. MacCoy: Mr. Chairman I move we have the Counsel prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: We have a motion and a secor~ to have the City Attorney prepare the findings of fact and conclusions of law on the conditional use permit application for a child care center, all those in favor? Opposed`? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: REQUEST F(~2 A CONDITIONAL USE PERMIT FOR A 2,800 SQUARE FOOT RESTAURANT WITS A DRIVE THROUGH WINDOW, 2 STREET AND FAIRVIEW AVENUE, BY JACK IN THE BOX: Johnson: I will now open the public hearing and invite the applicant or representative of the applicant to address the Commission. Tom Spader, 334 Lakeside Avenue South, Seattle, WA, was sworn by the City Attorney. Spader: I am the applicant for the project, Tory Spader of Freiheit and Ho Architects on behalf of Foodmaker Inc. and Bodice Oil Company. We are applying for a conditional use permit for a fast food restaurant 2,800 square feet with a drive thru. What we were proposing here is a single story wood fir~ne building with the assoaated site improvements which include all the necessary parking, grading and drainage, irrigation requirements and landscaping. We got a copy of the comments, staff review comments as well as the comments from the Ada Cou-~y Highway District. We see no problem meeting their requirements and recommendations. MacCoy: Are you comments dated January 13? Spader: Yes they are. Johnson: Questions of the Commissioners, starfing with Mr. Borup? Borup: Actually I have none. Johnson: Mr. Oslund? Meridian Planning & Z~g Commission January 16, 1997 Page 28 Oslund: None Johnson: I know you do Malcolm. MacCoy: No in this case here I have gone through it and I don't have any. Johnson: Jack in the box has some great ads going right now, I like the football player one, that is my kid, I get a kick out. of that. We will probably have some comments, we might have to call you back. Anyone from the public that would life to address the application? Spader: One of the things that I might add, one of the comments from the County highway department was about the right in and right out access. I have revised our site plan and have copies of that. Johnson: If you could submit a copy of that we would appreciate that. Anyone else from- the public? Seeing no one then I will close the public hearing at this time if that is all we have got. MacCoy: Mr. Chairman, I move that we have the counsel prepare findings of fact and conclusions of law for this project. Oslund: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUILDING EXPANSION AT MERIDIAN AUTOMOTIVE AND MACI~INE, 505 EAST FIRST STREET, BY JOHN NESMITH: Johnson: I will now open the public hearing and ask the applicant or a representative of the applicant address the Commission. James Gibson, P.O. Box 19, Eagle, was sworn by the City Attorney. Gibson: The application is for a relatively minor expansion of the existing Meridian Automotive and Machine shop located at this address which is at the intersection of First Street and the rail road. The reason behind the expansion is not particularly to expand the business but rather to get more of the vehicles inside which are presently stored outside for greater security and convenience. As you probably have experienced Meridian Planning & Zor~ Commission • January 16, 1997 Page 27 exposed on this side. However it is all covered. So they did not put their fence where the boundary line is. That is all I have. Johnson: Thank you Dale, anyone else? I will close the public hearing at this time. MacCoy: Mr. Chairman I move we have the Counsel prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: We have a motion and a second to have the City Attomey prepare the findings of fact and conclusions of law on the conditional use permit application for a child care center, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A 2,800 SQUARE FOOT RESTAURANT WITH A DRIVE THROUGH WINDOW, 2 '/ STREET AND FAIRVIEW AVENUE, BY JACK IN THE BOX: Johnson: I will now open the public hearing and invite the applicant or representative of the applicant to address the Commission. Tom Spader, 334 Lakeside Avenue South, Seattle, WA, was swum by the City Attorney. Spader. I am the applicant for the project, Tom Spader of Freiheit and Ho Architects on behalf of Foodmaker Inc. and Bodice Oil Company. We are applying for a conditional use permit for a fast food restaurant 2,800 square feet with a drive thru. What we were proposing here is a single story wood. frame building with the associated site improvements which include all the necessary parking, grading and drainage, irrigation requirements and landscaping. We got a copy of the comments, staff review comments as well as the comments from the Ada County Highway District. We see no pr~lem meeting their requirements and recommendations. MacCoy: Are you comments dated January 13? Spader: Yes they are. Johnson:. Questions of the Commissioners, starting with Mr. Borup? Borup: Actually I have none. Johnson: Mr. Oslund? Meridian Planning & Zo~j Commission January 16, 1997 Page 28 Oslund: None Johnson: I know you do Malcolm. MacCoy: No in this case here I have gone through it and I don't have any. Johnson: Jack in the box has some great ads going right now, I like the football player one, that is my kid, I get a kick out of that. We will probably have some comments, we might have to call you back. Anyone from the public that would like to address the application? Spader: One of the things that I might add, one of the comments from the County highway department was about the right in and right out access. I have revised our site plan and have copies of that. Johnson: If you could submit a copy of that we would appreciate that. Anyone else from the public? Seeing no one then I will close the public hearing at this time if that is all we have got. MacCoy: Mr. Chairman, I move that we have the counsel prepare findings of fact and conclusions of law for this project. Oslund: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUILDING EXPANSION AT MERIDIAN AUTOMOTIVE AND MACHINE, 505 EAST FIRST STREET, BY JOHN NESMITH: Johnson: I will now open the public hearing and ask the applicant or a representative of the applicant address the Commission. James Gibson, P.O. Box 19, Eagle, was swum by the City Attorney. Gibson: .The application is for a relatively minor expansion. of the existing Meridian Automotive and Machine shop located at this address which is at the int~sec~ion of First Street and the rail road. The reason behind the expansion is not particularly to expand the business but rather to get more of the vehicles inside which are presently stored outside for greater security and convenience. As you probably have experienced 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Po-Ice Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Shari Stiles, P&Z Administrator ~,~ Bruce Freckleton, Assistant to City Engineer ~-~dg~S COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY January 13, 1997 SUBJECT: Conditional Use Permit for Drive-thru Restaurant at E. Fairview/2-1/2 Street by Jack in the Box Following are comments to be considered during your review of this project: The applicant is to dedicate any additional right-of--way to the Ada County Highway District (ACRD) prior to submitting an application for a building permit. Provide a copy of the recorded warranty deed to the City Clerk's Office prior to submittal of building permit application. 2. The applicant is to construct new curb, gutter and seven-foot-wide sidewalk on Fairview Avenue and curb, gutter and five-foot-wide sidewalk on East 2-1/2 Street as directed by ACRD. 3. ACRD has imposed other requirements which include driveways, tapers and cross-access agreements (see attached draft comments from ACRD faxed 1/10/97). ACRD has recommended that the entrance from Fairview Avenue be relocated and restricted to right- in/right-out only. 4. All signage shall be subject to design review. A-frame and other signs of a temporary nature will not be permitted as part of this conditional use permit. Signage shall not be erected within sight triangles. 5. The applicant is to provide paved and striped parking areas in accordance with City Ordinance Section 11-2-414. The plan shown appears to meet or exceed those requirements. 6. Applicant to obtain a Certificate of Occupancy signed by all appropriate staff and agencies prior to opening. A letter of credit or cash for all improvements would be needed prior to granting temporary occupancy. • P&Z Commission/Mayor & Council January 13, 1997 Page 2 7. Drainage plan and calculations prepared by an architect or engineer licensed in Idaho is required to be submitted to the Public Works Department for review and approval for all paved areas. 8. Landscaping and underground sprinkling of all landscaped areas shall be provided per City Ordinance Section 11-2-414. Applicant is to submit a detailed landscape plan for review and approval as part of the building permit application. A minimum of one (1) three-inch (3") caliper tree is required per 1,500 square feet of asphalt. Locate landscaping so as not to negatively impact sight triangles. The area shown for landscaping can easily accommodate landscaping to meet or exceed these requirements. 9. Illumination of the site shall not cause glare or impact adjacent properties, as determined by the City. 10. Speaker system shall not impact adjacent properties, as determined by the City. 11. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 12. Sanitary sewer and water services for the proposed site are existing as single services to the building being operated as Bodine's Sinclair. Additional assessment fees, if applicable, will be determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 13. With appropriate landscaping and roadway/walkway improvements made, the project appears to be a great enhancement of this parcel. The Applicant has obviously put a lot of thought and effort into conforming with the City's ordinances and comprehensive plan goals, which is appreciated by staff. !Attachment: ACRD Comments MEMORANDUM To: Mayor & City Council Members From: ~Iliam G. Berg, Jr., City Clerk ~,~~'`,~ Date: February 73, 1997 RE: Findings of Fact and Conclusions of Law for Jack In The Box Application The Findings of Fact and Conclusions of Law for this application were approved by the Planning and Zoning Commission at their last meeting subject to including comments that Commissioner MacCoy said he made at the previously held public hearing. After reviewing the records of that public hearing I could not frnd any comments from Malcolm MacCoy concerning the ADA standards to which he is referring. Therefore the Findings of Fact and Conclusions of Law appear to be complete as written. Thank you. • C~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 11.1997 APPLICANT: J~-CK IN THE BOX AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMR FOR A 2.800 SQ. FT. RESTAURANT WITH DRNE THROUGH WINDOW AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~1 ~~~ ~,~~~~r~ ~~~ ~~'~ fY~' ~g~~ C/~1" ~J ~~A OTHER: Ajt Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JACK IN THE BOX RESTAURANT CONDITIONAL USE PERMIT FOR FAST FOOD RESTAURANT WITH.A DRIVE THROUGH 207 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 16, 1997, at the hour of 7:00 o'clock p.m., the Applicant on behalf of Foodmaker, Inc. and Bodine Oil Co., Inc., Tom Spader of FREIHEIT & HO ARCHITECTS, INC., P.S., appearing in person, 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. 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 far January 16, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 16, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. JACK IN THE BOX 2. This property is located within the City of Meridian at the southwest corner of East Fairview Avenue and East 2 1/2 Street; 207 E. Fairview Avenue, Meridian, Ada County, Idaho. 3. The Applicant does not own the land. The land is owned by Bodine Oil Co., Inc., and it has consented to the application for a conditional use permit for the purpose of establishing a JACK IN THE BOX quick service restaurant with"Drive Through" access. Bodine Oil Co., Inc. further granted permission to Foodstaker, Inc. and its contracted architects, planners, builders agents or assignees to make application with the City of Meridian for said conditional use permit. 4. The Applicant testified that he is seeking a conditional use permit, on behalf of Foodmaker, Inc. and Bodine Oil Co., Inc., for a 2, 800 square feet fast food restaurant with a drive through. 5. "Drive-In Establishment" is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as, "An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services." 5. The property is currently zoned (C-C) Community Business District; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2- 409 B., Commercial, Drive-In Establishments are listed as a conditional use in the C-C District and, therefore, in the C-C District a conditional use permit for the operation of a Drive-In Establishment is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. JACK IN THE BOX 6. The C-C, Community Business District is described in the Zoning. Ordinance, 11-2-408 B. 9 as follows: (C-C) Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. Conditional Use Permit is defined is the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 8. Pursuant to the application and the accompanying letter from the Applicant dated December 11, 1996, the property presently has an approved use as a gas station and car wash. 9. The Applicant testified that they are proposing a single story wood frame building with associated site improvements which include all the necessary parking, grading and drainage, irrigation requirements and landscaping; that they have received the staff review comments dated January 13, 1997 and the comments from the Ada County Highway District; and that they see no problem meeting the requirements and recommendations set forth i.n said comments. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. JACK IN THE BOX . • 10. Pursuant to the application and the accompanying letter from the Applicant dated Dece~er 11, 1996, the Applicant acknowledges that there may be additional sewer, water or trash fees or charges associated with the use for which they will be responsible. 11. The Applicant added additional comment with regard to the Ada County Highway District's comment concerning the right-in and right-out access. The Applicant testified that they have revised the site plan with regard to Ada Coatnty Highway District's comment concerning the right-in and right-out access, and copies are available. 12. The City Engineer or the Assistant to the City Engineer, the Planning and Zoning Administrator, Meridian Fire Department, Meridian City Police Department, Central District Health Department, Ada County Highway District and Nampa & Meridian Irrigation District have or may subait comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 13. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND COICLUSIONS OF LAW - Page 4. JACK IN THE HOX • • 418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the, record submitted to it and the things of which it may take judicial notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. JACK IN THE BOX • 7. 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the drop-off and pick-up being off of the street it should not be a problem; e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities-and services and the use waould not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. JACK IN THE BOX • • excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; and d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. JACK IN THE BOX • • 10. It is recommended that if the Applicant meet the conditions stated above that the conditional use permit be granted to the Applicant. 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 BORUP VOTED r CO R ~i~31F~F,R ~Tj COMMISSIONER OSLUND VOTED •yr<< l COMMISSIONER MacCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. JACK IN THE BOX • DECISION AND RECOI~II~IENDATION 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving, landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: ti~ ~ ~~~ /~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. JACK IN THE BOX WILLIAM G. BERG, JR., City Clerk JANICF '_.GASS, City Treasurer Gj!i-tY U. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Sept. JOHN T. SHAWCROFT, Waste Water Supt.. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator 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 COUNCIL MEMBER A Good Place to Live WALT W. MORROW, President CI~~ ®F l~RIDIAN RONALD R. TOLSMA REE ~ GLENN R. BENTLE 33 EAST IDAHO ~'~gERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888.4433 • gAXll~B) 887-4813 JIM JOHNSON, Chairman Public WorksiBuilding l~eparmaent (208) 887-2? 11 KEITH BORUP Motor Vehicle/Drn-ers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COM~9ENTS ON DEVELOPMENT PROJECTS WITH THE CITY t)1~ MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Wil@ Berg, City Clerk by: Januarry- 7.1997 TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1/14197 REQUEST: Conditional Use Permit for 2 80©-s~yuare-foot Fast Food Restaurant with Drive-thru Window BY: Jack in the Box LOCATION OF PROPERTY OR PROJECT: ~~*. ~?r~+. c+.r~et ~ ~2S-~ ~ , ~ ~~r(,% JiM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELI FINAL PLAT) BUREAU OF RECLAMATION ( LIM~INAL PLAT) CITY FILES ~~/" YOUR CONCISE REMARKS: ~~~ D~ ~ 1 9 1996 CITY OF MERIDlA1011 OFFICIALS ~ ~ COUNCIL HUB OF TREASURE VALLEY MEMBERS WILLIAM C,! BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer wogs Su t CITY OF MERIDIAN RONALD R. TOLSMA EE C BRUCE D. STUART, Wa er pt. GLENN R. BENTLEY JOHN T. SHAWCROFT, waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Chairman KENNETH W. BOWERS, Fire Chief " " Public WorksBuilding Department (208) 887-2211 , KEITH BORUP W.L. BILL CORDON, Police Chief WAYNE G. CROOKSTON, JR. Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER , GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 7, 1997 TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1114/97 REQUEST: Conditional Use Permit for 2.800-square-foot Fast Food Restaurant with Drive-thru Window BY: Jack in the Box LOCATION OF PROPERTY OR PROJECT: 505 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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. 8~ FINAL PLA'n U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8 FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES ~~ r / ~ .. ~ /~, OTHER: KM YOUR CONCISE REMARKS: - - ~ ~„_ ~~.'s '_ ,~.~ .~t _3 t i Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA / Serving Governments in Ada County Since 1977 MEMORANDUM TO: Will Berg, City Clerk Cit ~ of Meridian FROM: Mary ardison, Technical Analyst DATE: Dec ber 30, 1996 Re: conditional Use Permit -Jack in the Box at 505 E. First Street R~C~IVED J A ~ - 3 1~~7 qTY OF AlEKIDUN APA staff reviewed the conditional use permit for the proposed 28,000 square foot restaurant, Jack in the Box, at 505 E. First Street and have the following comments and recommendation. We would like to commend the applicant for providing apedestrian-friendly environment at the restaurant. The site plan shows proposed pedestrian pathways/sidewalks from Fairview Avenue, E. 2'/z Street, and the property east of this development to the restaurant. Pedestrians can safely access the restaurant without walking in vehicular traffic. The site plan does not show any bicycle parking for employees or patrons. We recommend bicycle parking be provided in a well-lit area near the entrance of the restaurant. This location would provide security for both the bicyclist and the bicycle. It would also encourage bicyclists not to block pedestrian sidewalks or the main entrance with their bicycles. This recommendation would support the transportation policy in the Meridian Comprehensive Plan to achieve a balanced transportation system and reduce the use of single-occupancy vehicles. Should you have any questions, please contact me. MH:JL MH\DEVREV\FY97\MERIDIAN\FIRST.CU pc: Sheri Stiles, City of Meridian Fiia 540.Og Ciy ofi PJleridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University F,qualOpportunity/Af}'irmative Action F,mploper I'rinli~d un I{or~~rl~~rl I';yx~r • G~'fi~C SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary January 23, 1997 TO: Thomas L Spader 10940 NE 33rd Place Suite 202 Bellevue WA 98004 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: MCU-34-96 Jack-in-the-Box Restaurant 207 East Fairview Avenue Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 22, 1997. 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 Freiheit & Ho Architects/T Spader ~i ~-. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA~OUNTY HIGHWAY DI~RICT Development Services Division Development Application Report MCU-34-96 207 E Fairview Avenue Jack-in-the-Box restaurant w/ drive-thru The applicant is requesting conditional use approval to construct a 2,800 square foot Jack-in- the-Box fast food restaurant with adrive-thru window. The 1.3-acre site is located at the southwest corner of Fairview Avenue and E. 2 1/2 Street. This development is estimated to generate 1,770 additional vehicle trips per day (400 existing) based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Fairview Avenue East 2 1/2 Street ACRD Commission Date -January 22, 1997 - 7:00 p.m. 12-16-1996 2:1dPM FROP•t FREIHEIT'HO ARCHITEC • • 12-16-1996 2:1dPM FROM FREIHEIT'HO a.RCHITEC 2068286899 e u . C21Z6 Y,f '00310 M5 3f Wye rOBM OKA a~»»~r ar a wr •~r rs s r ~" ~ a ~~ ~ ~~ ~~ ~L4Q 'wy ~+6 lu'+SO -~~31~0 3fFaSl ~ • awe 7w ~3d~1 7rq~C18 ~ ~~Owfn~ YOr s~~~3'MS 1 1 1 1 1 1 1 L ~ 1 1 1 ; 1 it 1 , I t 1 1 1 l 1 l 1 l ti 1 ~R ~~ 1 ,~ ~, ~' ~~ 1 << ,~ ~~ i 1 i i 1 1 1 i 1 i 1 t ` ll° < ~ e~ 4 ~ ~ ~a~ ~~g ~ ~ a~ ~ ~ ~ Fl~~~4 ~~~~ - ~ ~ F ~Es~ ~~.~~ ~ 44~ 000 0®0®0000000 ~~ W P~ r~ ;~~~ ~ n 4~~ C F ~` ~ O i Z ppt, ~:E€E ~ ;~~~ ~ ~ ¢ T ~$R ~ I~ 2~~ ~ Z c®~~, ~~ ~'~ J ~ '~= a ~ ¢ tT~~@g g ~ ~3~~6~ 9 ~ ~p~ iQ~~~ ke ~S8 [~ ! ~ a~n 4 g E ~$§~E~ ~ t° ~ ~ 3 ~a ~ ~~~~~ e W 000 0000 000000 O 0 ~j~ ~9 .:e, !yCi~ Q G V ~ 3 a ? ~siB:see O ~g 2 ~l~~g~ggE3~~ O ~~_~(('ea~e~1~~~'ii O~~LY~SF4~~f a ;tt-~~~`'$ ~ ~ ~~4~n~`~un y ~E~~~~};~ ~~ r {l! e_ f a ~ ~;~3:~6F;iB a ~~~~$~'i~~~~ W ~~~~g~gE~~g$ 3, 7 ~ , ..~ .~183~1~~~g! N 2 c ~g~~ 2 4€*~ O ;~ ;~ V ~~~~~ J ii~~! ~ iii ~~~~~~ e~ ~~~rei z a~ ~ .i. a• W~ ~ H' iA Q Q Y t- Z U s g al g~ w • Facts and Findings: A. General Information Applicant - Freiheit & Ho Architects, Inc. CC -Existing zoning 1.3 -Acres 2,800 -Square feet of proposed building n/a -Square feet of existing building 0 -Total lineal feet of proposed public streets 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with a bike route designation Traffic count 21,638 in 1996 240-feet of frontage 85 to 110-feet existing right-of--way (45 to SO-feet south of section line) 108-feet required right-of--way (54-feet from centerline) Fairview Avenue is improved with 5 lanes, curb, and gutter, and sidewalk only on the north side. East 2 1/2 Street Local commercial street with no pathway designation No traffic count available 220-feet of frontage 50-feet existing right-of--way 58-feet required right-of--way (29-feet from centerline) East 2 1/2 Street is improved with 25-feet of pavement with no curb, gutter or sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. There is a car wash on the site that is proposed to be removed. D. There are two existing curb cuts on Fairview Avenue to the car wash and the site is paved abutting the curb. District policy requires the applicant to construct a 7-foot wide attached concrete sidewalk on Fairview Avenue abutting the parcel or a 5-foot sidewalk setback 5-feet from the curb. MCU3496.COM Page 2 • The applicant is proposing to replace the two existing curb cut driveways on Fairview Avenue and replace them with curb, gutter, and sidewalk. Anew curb cut driveway is proposed 130-feet west of East 2 1/2 Street. The proposed location does not meet District policy. There is insufficient distance (450-feet) between 2 1/2 Street and East lst Street to allow for a full access driveway - a minimum of 690-feet (440 + 220 + 30) is required. This distance is especially critical because of right turn movement from East 1st Street on Fairview Avenue is a free right turn movement which results in less space and time in which drivers entering or exiting the proposed driveway have to react. A right-in/right-out driveway can be approved if located a minimum of 150-feet west of East 2 1/2 Street. Coordinate the design of the right-in/right-out driveway with District staff. E. District policy requires the applicant to construct curb, gutter, 5-foot wide concrete sidewalk and match paving to one-half of a 41-foot street section on East 2 1/2 Street abutting the parcel. F. The applicant is proposing a 25-foot wide curb cut driveway on East 2 1/2 Street, located 5- feet north of the south boundary. The proposed driveway exceeds the District's offset requirement that the driveway be located a minimum of 50-feet south of Fairview Avenue. G. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the west to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the west, if they are the subject of a future development application. H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 54-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel (approximately 4 to 9 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of- way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. MCU3496.COM Page 3 • 2. Dedicate 29-feet of right-of--way from the centerline of East 2 1/2 Street abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will ~ be compensated for this additional right-of--way. 3. Provide a recorded cross access easement for the parcel to the west to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 4. Construct a 7-foot wide attached sidewalk on Fairview Avenue abutting the parcel. 5. Replace unused curb cuts on Fairview Avenue with standard curb, gutter and 7-foot wide attached concrete sidewalk to match existing improvements. 6. The proposed driveway on Fairview Avenue, located 130-feet west of East 2 1/2 Street is not approved. Construct one right-in/right-out driveway with a 30-foot wide throat on Fairview Avenue, located 150-feet west of East 2 1/2 Street. The right-in and right-out traffic lanes shall be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Coordinate design of right-in/right-out driveway with District staff for approval. 7. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on East 2 1/2 Street abutting the parcel. Improvements shall be constructed to one-half of a 41-foot street section. 8. Construct a 24 to 30-foot wide curb cut driveway on East 2 1/2 Street, located as proposed, 5-feet north of the south boundary. 9. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall why sucn a requirement wouic~ rCSUi~ ~~~ a ~uu~~aii~iai ,iaiu~ii,},. .,L lll~~sai4r • i==~ ••••«~.. rgq»P~* shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or MCU3496.COM Page 4 waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The r~»PSt for reconsideration shall ~ecifically identify each requirement to be reconsiderPrt anc~ include written documentation of data that ~=gas not available to t_he ('ommission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MCU3496.COM Page 5 • Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. MCU3496.COM Page 6 CENTRAL CENTTtAL DISTRICT HEALTH DEPARTMENT •• D~STR~CT Environmental Health Division H EALT H aetu^~Boise DEPARTMENT ~~L-%~~'~''~.~,, ^ Eagle Rezone # JAN a ~ ~C19-r ^ Garden city Conditional Use # ~~c.(~ 1 ~ `ry-~ god ®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: ^ 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: 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. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. ^ 13. 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: food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store s ~iZ Z3 ~~ 15. ~llM r~~ ~/fN~-ti/~'7JT' J~d~G~ /n1CLc/~~ A- Date: / ._/ ~" - - /^iv ~/S d ~T 6 F Reviewed By: _!.~ ~ -dam= ~r„ r~~ SuhSrri?F . Review Sheet CDND 10/91 rcb, nv. I/9S CITY OF ~E~~~~~~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 30 December 1996 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, /D 83642 RE: C.U.P./Fast Food Restaurant with Drive-thru Window Dear Commissioners: The Nampa & Meridian lrrigation District requires that a Land Development application be filed for review prior to fins/ platting. Moore at 343-1884 or 466-7861 for further information. OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Use Change/Site Contact Donna A// /atera/s and waste ways must be protected. Al/ municipal surface drainage must be retained on site. if any surface drainage leaves the site, the Nampa & Meridian lrrigation District must review drainage p/ans. The deve/opermust comply with /daho Code 31-3805. /t is recommended that irrigation water be made availab/e to al/ deve/opments within the Nampa & Meridian lrrigation District. Sincerely, /• John P. Anderson, Water Superintendent NAMPA & MER/D/AN /RR/GATION D/STR/CT JPA: d/n pc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 a„ '~ .;~..r ~ to ~~..r.;r:.a~ • ~-.~ a_. a f.~: - a CITY ~F ~~.:~~y~~~t~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 January 19 9 7 Phones: Area Code 208 S ceder OFFICE: Nampa 466-7861 Thomas L. p Boise 343-1884 Freiheit & Ho Architects, IriC. , P.S. SHOP: Nampa 466-0663 10940 N.E. 33rd Place, Suite 202 Boise 345-2431 Bellevue, WA 98004 RE: Land Use Change Application for Jack in the Box Restaurant Dear Mr. Spader: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Chris Smith-Foodmaker, Inc. City of Meridian enc. '~~ia ~i ~~i~id~a~ ~I3nigauac~ ?~c¢~rtct ~~ ! ~ ~ ~°~ *~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ** TX CONFIRMAT~REPORT ** AS OF FEB 14 '~~52 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 18 02114 13 47 2068286899 MODE MINiSEC PGS CMD# STATUS EC--S 04'47" 011 250 OK Meridian Planning 8~ Zoning Commission 'January 16, 1997 Page 27 exposed on this side. However it is all covered. So they did not put their fence where the boundary line is. That is all I have. Johnson: Thank you Dale, anyone else? I will close the public hearing at this time. MacCoy: Mr. Chairman I move we have the Counsel prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: We have a motion an~ findings of fact and conclusions c child care center, all those in favor Post•IY Fax Note 7671 oar/ _~ y, 9 ~ ~~- I I '~ irom 2 6! COJDept. ~ + t L r'~ Cp, rr Phone N Prone R Fax k ZO(o -840' (Os ~ ~ Fax k , MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A 2,800 SQUARE FOOT RESTAURANT WITH A DRIVE THROUGH WINDOW, 2 'r4 STREET AND FAIRVIEW AVENUE, BY JACK IN THE BOX: Johnson: I will now open the public hearing and invite the applicant or representative of the applicant to address the Commission. Tom Spader, 334 Lakeside Avenue South, Seattle, WA, was sworn by the City Attorney. Spader. I am the applicant for the project, Tom Spader of Freiheit and Ho Architects on behalf of Foodmaker Inc. and Bodice Oil Company We are applying for a conditional use permit for a fast food restaurant 2,800 square feet with a drive thru. What we were proposing here is a single story wood frame building with the associated site improvements which include all the necessa requirements and landscaping, We got a co y e comma is anstaff rev ®wec mmerrts as well as the comments from the Ada Courrty Highway District We see no problem meeting their requirements and recommendations. MacCoy: Are you comments dated January 13? Spader. Yes they are. Johnson: Questions of the Commissioners, starting with Mr. Borup? Borup; Actually I have none. Johnson: Mr. Oslund? • ix~Q~ve~ C'/~~~ ~_~._ ___ ----~- - .._ _ ~.. ,` A 3 CS,1 .00 N _- - - - ~_ . . .~C'90Y - - 1 I ~ ~ ~' Q ~ 1 , ®. I t~ ~. - L-~J .. - I ~~.. ~ ~.:.., r - ' I ~, s I '' a ~ .o I i ~ .1 N I ' 1 -- _ 1 ~ g, I ~ ~ ~ I ~ _ ~ L _ ~ __... ~- N I 4 ~ 1 1~ l \ U ~ ~ ~' I t. ..: ---- - :5 ~ m ~,~ ~ tk \ '~ \ ~° I t •`. •• I }} ( \ i i I f~ \ y 1 1; .k .' I \ I r i t \ t ~~ 1~ 1~ \ 1 `` 'i ~ ,?! ~ ~ _~ ~•'y ~_ ! P ~~ \ I ~~ p _ fl 11' ~~ ~ \ ~ 1 1 ti ~( \ I 'i f u ~' \ ~' ~ I ':' k ~ \ ' S: :: SSM~~i m 1 _ ~ 4 1 ~' _ O - - - ~ rn -ri: ~ - - _ .SB'NZ ~ ~ " •• 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 l ~~ day of T ~~~~ ~~ ,_ , ~ gg . 7 COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~Gi%~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: January 16.1997 APPLICANT: JACK IN THE BOX AGENDA ITEM NUMBER: 4 REQUEST: CONDITIONAL USE PERMIT FORA 2.800 SQ. FT. RESTAURANT W/DRIVE THRU WINDOW AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS i~ 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 ~t~`~ ~P~ ~~L OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 01/10/97 15:17 MCU-3496 $208 345 7650 ACRD • ADA COUNTY HIGHWAY D. Development Services D,~visio Development Applicatio,;,w"~t~port 207 E Fairview Avenue J The applicant is requesting conditional use approval the Box fast food restaurant with adrive-thru windo southwest corner of Fairview Avenue and E. 2 1/,?a1- generate 1,770 additional vehicle trips per day~;~~ad6• Transportation Engineers Trip Generation Au~anual y,;;' Roads impacted by this development: a ,~~ i~F ~ ~., ~;~, ~ ~~ l.J 2,800 squaze foot Jack in re site is located at the ''~,e"~opment is estimated to ~on the Institute of ~ 002/009 -January 22, 1997 - 7:00 p.m. JAN 10 '97 14 05 208 345 7650 PAGE.02 01/10/97 15:18 12-16-1996 2=14Pht JAN 10 '97 14:05 $208 345 7650 ACRD FR~REIHEI7'HO ARCHITEC 2C6828689~ 208 345 7650 ~ 0o3/oos P_ 2 PAGE.03 01/10/97 15:19 12-16-1996 2:1aPM F~REIHEIT"HO ARCHITEC 266828689 P•3 Ct~i6 h'COOC MS yfMy~+K6M OC[~ ~•.~~ a~ r+Y ~~sm ~•+~. ~ a~ Q e' ru '41~~JZN ~~. o..-a ~,~. ~~ :Lb 'w'~ ~6 Yq0 .~31r0 311iS1 7rQ1f10 ~,~y~•~- ~~r+a~ti"---~` 1 1 1 1 1 1 I 1 1 1 1 t $208 345 T650 i I ' ~ t ~ ~ ~ ' 1 ~ I ~ ~ ~ ~ ~ ~ 1 ~ 1 1 ~ ~ ~ ~ 1 ~ R ~ ~ ~ ~ ~ i I ~~ ~ I ~ ~ ~ ` ~ ' i a 1 ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ 4 ~ ~ ~ ~ ~ ~ 1 ~~ ~ i ~ ~ ~ ~ I ' ~ ~ ~ ' ~ ~ ~ ' I ~ ~ , 1{ ~ ~ ~ ~ ~ ~ ~~: ~ ~ ~ ~ r ! ~ ~ s ~9~tb ~~ $ ~ Q ~ ~ to:r$i gFi;'~ ~ ~ ~ g Z e.a ~ ~r{~F~,~~g ft! g gEEg ~ ~ ¢: t i~ 000 0®00000©OO® ~' bb W s~~ ~ ` ~ss~ a ®®~ ~ ; s ~~ ~ ~ B~ d ~ ~` ® ~ ~ ~ ~ ~~ ~ ~ bz ~ i 34.~ : ~ I~~~~ ® ~ ~ ~ ~ ~ ~ ~~ o00 moo o b~~ i ~~g~~ a ~ ~~~~~ ~ i~~~~i E 0 0 3 ct; ~i~ ~S~E~ Qa~~f ~ U~j'~ ' 0.44~~=e a~~~a~~~ Z ~s~f~~~~~~a c ~~=~ga~ ~{{i: F ~ ~~~~~,,fol~~ ~ ~~6~~;~~i} y ~1 ~~~~~~,± W '~~t~~~~,~ ~ 4 ~~~Oti:l~i~ ~ gl a g~Eggg ~ 96i~~i~lF z O r _ ~~~~ o: ~,,~, `~~,i a"~ z ~ `} ~' Ji ~• w~ ' ws~ a a s s :o g JAN 10 '9? 14 06 1 i` II ~ 1 1 208 345 ?650 PAGE.04 01/10/9? 15:20 ACRD $208 345 7650 • Facts and Findings: , ' ~ ~..eh~~n '+ I~~, ,.,,, i~'f~~ rFiue'Yllnhn nduur;~:lln A. General Information Applicant - Freiheit & Ho Architects, Inc. CC -Existing zoning 1.3 -Acres 2,800 -Square feet of proposed buildingya n/a -Square feet of existing buildi~:~' 0 -Total lineal feet of proposedubli 269 -Traffic Analysis Zone (T „~~) ., West Ada - Western Ci~ I~ 005/009 dfllf fl i Fai iew venue ~i'^,,,,,~;,~~ I..";~:,, '"c~;~,u~" Principal arteriak;t~. a'bpJr~~te designation Traffic count,;Zns,638 in 19~~~~'r°~' ~'~'~"~ 240-feet of,f~bntage ; ~ ~% 85 to 110-~t<et existing right-of--way (45 to 50-feet south of section line) 108-feet r ui~red ri.~.~~,t;,p~-wa 54-feet from centerline) i .+yin t f.4 iY. . Fairview Avenues improved with 5 lanes, curb, and gutter, and sidewalk only on the north side. Fast 2 1/2 Street Local commercial street with no pathway designation No traffic count available 220-feet of frontage 50-feet existing right-of--way 58-feet required right-of-way (29-feet from centerline) East 2 1/2 Street is improved with 25-feet of pavement with no curb, gutter or sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file rnimbers) for details. C. There is a caz wash on the site that is proposed to be removed. D. There aze two existing curb cuts on Fairview Avenue to the car wash and the site is paved abutting the curb. District policy requires the applicant to construct a 7-foot wide attached concrete sidewalk on Fairview Avenue abutting the parcel. MCtJ3496.COM Page 2 JAN 10 '97 14 07 208 345 7650 PAGE.05 01/10/97 15:20 '8`208 345 ?650 ~~ J ACRD The applicant is proposing to replace the two exi Avenue and replace them with curb, gutter, and proposed 130-feet west of East 2 1/2 Street. Thi policy. There is insufficient distance (450-feet)1 allow for a full access driveway - a minimum of • 2 1/2 + 220 + on f~ 006/009 ut ~;,, ~~eway is . meet District east 1st Street to 30) is required. A ri t-in/ri ht-out drivewa can be a roved: ~'~f~~located a~';' `~uadium of 150-feet west of East 2 1/2 Street. Coordinate the design of the~iglt;',~~~~t-out~,;'~`iveway with District staff. ~,, Inu Y+ I.I: IMI iii ., ~. ~~. {{,,F t1 ih41n~ '~', . _ elf, ,ywl;l"I'~~ .. ,i.~'mli'.~r" E. District policy requires the applicant to}const~ct cur',1"~~+"glitter, 5-foot wide concrete sidewalk and match paving to one-half of a 4~l~~foot sheet section on East 2 1/2 Street abutting the parcel. ,.'thy ;~^~~; 1Il,l:;;:~f'~'', t ~~'.1 R1 + "I.1~~ .,. 41}~r Ryuti~tr i ' ~ Gr~,~r t{` 1'~~ il.~~ ~.i`It .b~~xav111~~0 i~ ' F. The applicant is;~~pibposing a~25.~~,,;ut wide'°c~rb cut driveway on East 2 1/2 Street, located 5- feet north of the sa "~i~bo~ndar~ w+r~„~iekproposed driveway exceeds the District's offset requirement that the'diri~~:~y be~Y~c~i~e~ a minimum of 50-feet south of Fairview Avenue. 1.1;,- ,~„~~~„ G. District policyy ~ tes that duea~;:°access to arterials and collectors is normally restricted and that the developer shall try!~to'`use combined access points. Ia accordance with District policy the applicaa<kshould be required to provide a recorded cross access easement for the parcel to the west to<use this pa;,c?~1"for access to the public streets prior to issuance of a building permit (o'r, otl>e~ sequiFed permits). The District intends to require a similar agreement of the owners of the_,paxce~ to the west, if they are the subject of a future development application. H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 54feet of right-of-way from the centerline of Fairview Avenue abutting the parcel (approximately 4 to 9 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of- way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #/188. 2. Dedicate 29-feet of right-of-way from the centerline of East 2 1/2 Street abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will ~ be compensated for this additional right-of--way. MCU3496.COM Pale 3 JAN 10 '97 14 08 208 345 7650 PAGE.06 01/10/97 15:22 Acs $208 a45 7650 r~ l._I • ~ 0o7/oos 3. Provide a recorded cross access easement for the f~~cel to ~, "~ `~vu'~~~~'~~~~ ~ e , ~~`L,~parcel for access to the public streets prior to issuance of a boil "'t (v~~„' y fired permits). ~;;i ;;.r~ ~,, ;, i .~ ~rN 4. Construct a 7-foot wide attached sidewalk on Fairv~~ "",~~~,;~~enue abutting the pazcel. "'~~~et i!I~g~"i4t:ka „t~„r,, ,~ ~e~ 5. Replace unused curb cuts on Fairview Aven~~;~w, ~ stand"ta~dr;'` "~~~b, gutter and 7-foot wide 1. ~N JX ~j 1 11'. ~~ attached concrete sidewalk to match existii~~~~ents„>M f+~~' a y ~~~~o;~,i~,}'lispq~~' ' fir ~r?a N~~:~..6 X11 6. The proposed driveway on Fairview,~;iienue,~i~ocatec~~~0-feet west of East 2 1/2 Street is not approved. Construct one right-in/r~1g,~fr out,rdiYVewa~!^with a 30-foot wide throat on Fairview Avenue, located 150-feet west oast 21i~2 Stree~:'f The right in and right-out traffic lanes ' ~~~'~` "~~°'~ "~~ hxin island with a minimum area of shall be 20-feet vy~(d~~ ; sepazatec~7by an on~~;~~ianne ' g 100-square feety~-~i'h€p~, the dr~,~!~yv~y throat 'Coordinate design of right-in/right-out driveway with District stafl~'f~~pproval~,'~ ~'Y~~~~~~ ~ wr "J Yh n f +' i r~ ~~~~V~~al~ry~ 7. Construct curb, ,~l1tt~Y•;13c~4'd!t~`9h±lde c'1WYoncrete sidewalk and match paving on East 2 1/2 Street abutting the parcel. Improv; ~~;;etb~ts shall be constructed to one-half of a 41-foot street section. ; !;~~ ,,. ,r,, ,, , 8. Construct::a~, X24 to 30.foo,C~wide curb cut driveway on East 2 1/2 Street, located as proposed, 5-feet no~o;;t-jy'tiz boundary. -~ = . ,;, .,~,.,,h;,1 9. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Standard Requirements: 1. A request for modification, vaziance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development Services Supervisor. The request shall iec•fical], id n '~y ach r q»;rement to be reconsidered and include a written ex laR nation of ~y such a requirement would result in a ~bstantial hardship or in aui , The written .rgq»P~t shall be sub fitted to the District no later than 9.00 a m on t_he day scheduled for 'c ' Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commssion regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the MCU3496.COM Page 4 JAN 10 '97 14 09 208 345 7650 PAGE.O? 01/10/97 15:23 $208 345 7650 • ACHD action and shall include a minimum fee of $110.00 request for reconsideration will be heard by the meeting of the Commission. if the Commission will be notified of the date and tYrae of the Corfu will be heard. .,,~t„~ • ~Joos/oos s' ori'~a'1~`d~oision~ The ~ u P• sion~he next regular cider the action, the applicant at which the reconsideration 3. Payment of applicable road impact fees;ae re~,~lre~i';:p*,~o building construction in accordance with Ordinance #188, alsq;~own;as Ad~~Q'bunty Highway District Road Ympact Fee Ordinance. ;;x3;~x ~r~'' ~'' tla.. ,a~a ";J 1. i~F I d~n~~'~~. 1, i1~lA~i ~r ' ~ ~ ~~ ~ "die with the Ada Coun Hi hwa District 4. All des and co truction s be in acCipT~~~ tY g y ~ ~ ;. ~..,•, ~~^c.r,r ,1py~y~`/,'y ;Y d apprdved supplements Policy Manual; ~~~' C S ""tan~d~ds.~:aa ~~~~°~ ° "~ ,Construction Services \~I i~j:lll1y ~ ' procedures and a~1M~~~y~~able'Af~~~~~!~r~Q~'dinances unless specifically waived herein. a r, , ~ ti ~s~~~~'~~~ !;~~ ,~~ 5. The applicant sha11~='s~tb~t~~er~Sed plans for staff approval, prior to issuance of building permit (or othP~r required W'~''':p); which incorporates any required design changes. ~, ; ; .~;1~,~ „? ,,., 6. Construction; use and prop`~rty development shall be in conformance with all applicable requirem~'tsof the Ada:iCounty Highway District prior to District approval for occupancy. r'i`il~fi t u ~~ 7. No change iri~tha'terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written conftnmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successor in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MCU3496.COM Page 5 JAN 10 '97 14 10 208 345 7650 PAGE.08 01/10/97 15:23 ACRD X208 345 7650 Conclusion of Law: 1. ACRD requirements are intended to assure that an undue burden on the existing vehicular and p vicinity impacted by the proposed development. Should you have any questions or commentsr,;~#l ~,, ;~ Division at 345-7662. r,14rr~ "'k ~r ~~f ~I ~~hmitted hv: r:.:~~~" " • f~ 009/009 will not place within the Services MCU3496.COM Page 6 JAN 10 '9? 14.11 208 345 7650 PAGE.09