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HomeMy WebLinkAboutSmokey Mountain Pizza CUPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH 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 8ti Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 3. 1998 TRANSMITTAL DATE: 1/16/98 HEARING DATE: 2/10/98 REQUEST: Conditional Use Permit for a full service restaurant BY: Triple T Ent Inc , dba Smoky Mountain Pizza 5< Pasta LOCATION OF PROPERTY OR PROJECT: 519 East Fairview Avenue JIM JOHNSON, P!Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, 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 & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: TR 1 pie. T E rfi . _• r~ • ~ dlz~ ~M,p1~y PHONE: .322 . o~..-~} S -~~ i z.z~ ~-~asi-a ADDRESS:... 140 EI len Boise 1'da ho 83~ 14. GENERAL LOCATION: 519 E.as1- ~a1 ~~/ Ie ~./ Ave n ~,t e. DESCRII'TION OF PROPOSED CONDITIONAL USE: ~u~ ~ S~1z.Y i ~e ~taF7.a v~.~.t. ZONING CLASSIFICATION: I certify that the information contained herein is true and correct Signature of Applicant Social Security Numbe: ~~ c %~ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the properly generally described as located at SUBDIVISION, BLOCK ,LOT TO r~ CONTENTS OF CONDITION USE APPLICATION An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: 1.) Name, address and phone number of applicant: Triple T Ent. Inc., dba Smoky Mountain Pizza & Pasta 140 Ellen Street Boise, Idaho 83714 208.322.0545 2.) Name, address and phone number of owner of subject property: Lawrence A. Ross 1111 South Orchard Suite 200 Boise, Idaho 83705 208.336.3202 3.) Legal Description of property: A portion of the NE 1/4 NW 1/4, section 7, T.3N., R1E., B.M., Ada County, Idaho more particularly described as follows: Commencing at the Northeast corner of the NW 1/4, section 7, t.3N., R.lE., B.M., and running South 88d35'49" W. 390.00 feet along the northerly boundary of the said NW 1/4, section 7 to a point: Thence S. OOd36' 03" W. 45.96 feet to a point on the southerly right of way line of fairview avenue, said a point being the true point of beginning: Thence continuing South OOd36'03" W. 4.00 Feet to a point on the proposed southerly right of way line of fairview avenue: Thence continuing S. OOd36'03" W. 250.08 feet to a point: Thence N. 89d11'24" E 239.86 feet along a line parallel with and 304.00 feet southerly from the centerline of said fairview avenue to a point thence N. OOd35' 12" E. 250.07 feet to a point on the proposed southerly right of way line of fairview avenue: Thence continuing N. OOd35'12" E. 4.00 Feet to a point on the southerly right of way line of fairview avenue: Thence N 89d11'24" E. 239.92 feet along a line parallel with the 50.00 feet southerly from the said center line of fairview avenue to the point of beginning. Containing 1.40 acres, more or less. 4.) Proof of ownership subject of property (warranty deed) and notarized consent of property owner: See Attached 5.) Description of existing use: Specialty Retail 6.) Present use of the subject property: Under Construction 7.) Proposed use of the subject property: Restaurant ~~ 8.) The District (present zoning) that pertains to the subject properties: CG 9.) Thirty (30) copies of vicinty map of a scale of one inch equals three hundred feet (1" = 300') See Attached 10.) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). Include one 8 1/2" x 11" copy of site plan. See Attached 11.) Characteristics of subject property which make a conditional use desirable: Location, Visibility,Traffic and also, several Meridian residents travel to our Eagle location numerous times weekly for lunch and dinner, the drive is approximately 8 miles. 12.) A fee established by the Council: $275.00 + $1.67 each for certified mailings for each property owner listed within the 300 feet =Total fee 13.) Applicant agrees to pay any additional sewer, water or trash fees or changes, if any, associated with the use, of the property. 14.) Applicant contents thereof and verifies that the information contained therein is true and correct. r~ ~~ Triple T Enterprises Signature: Date of Signature: r -~ ~~ Pasta FORM pURNiSHBD COURTESY OP: TITLE & ESCROW CORP. ~~UgS~oy BGisE ~~~ ALLIANCE TITLE -- '97 OCT 16 flPl ~~ Q ~ ~ -• At APPROVBD BY ORANTBE(S): gp~~y}BOVB,THIS'. ®1tDIN0 DATA Order No.: 9706634,1 KS 2545; 2550 ~y DEED ~OR VAL[JE RECEIVED ROBERT G. JACOBSEN and PATRICIA A. JACOBSEN, husband and wife RANTOR(S), dces(do) hereby GRANT, BARGAIN, SELL and CONVEY unto ROGER MICHENER and BARBARA MICHENER, husband and wife as to an undivided 50~ interest; LAWRENCE A. ROSS and LISA H. ROSS, husband and wife as to an undivided 50~ interest ANTEE(S), whose current address is: 1111 SO . ORCHARD # 2 0 0 , BOISE , I D 8 3 7 0 5 following described real property in ADA County, State of Idaho, more particulazly Bribed as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes apart hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) dces(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the. owner(s) in fee simple of said premises; that said premises are free from encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered r done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and greements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current yeaz, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. October 15, 1997 C~~ ~ ~ ~-- Robert Jac been Patricia A. Jacobg n ~~. ., ~~, OF IDAHO, County of Ada, ~On this 15th day of October in the year of 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert G. Jacobsen and Patricia A. Jacobsen known or toethefwithin instrumentheandracknowloseeaa~osmerthatbtheybed executed the same. Signature: Name: (TvDe or Pr nt ) _,,.,~,~«. Residing At: My Commission expires: ', `'~ NO. 97066341 KS EXHIBIT "A" A portion of the Northeast Quarter of the Northwest Quarter, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northeast corner of the Northwest Quarter, Section 7, Township 3 North, Range 1 East, Boise Meridian, and running South 88 degrees 35'49" West 390.00 feet along the Northerly boundary of the said Northwest Quarter, Section 7, to a point; thence South 00 degrees 36'03" West 45.96 (formerly described as South 00 degrees 35'12" West 47.8 feet) feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the TRUE POINT OF BEGINNING; thence continuing South 00 degrees 36'03" West (formerly described as South 00 degrees 35'12" West) 4.00 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; thence continuing South 00 degrees 36'03" West (formerly described as South 00 degrees 35'12" West) 260.08 feet to a point; thence South 89 degrees 11'24" West 239.86 feet along a line parallel with and 314.00 feet Southerly from the centerline of said Fairview Avenue to a point; thence North 00 degrees 35'12" East (formerly described as North 00 degrees 35'05" East) 260.07 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; thence continuing North 00 degrees 35'12" East (formerly described as North 00 degrees 35'05" East) 4.00 feet to a point on the Southerly right-of-way line of Fairview Avenue; thence North 89 degrees 11'24" East 239.92 (formerly described as North 88 degrees 35'48" East 240.05 feet) feet along a line parallel with and 50.00 feet Southerly from the said centerline of Fairview Avenue to the POINT OF BEGINNING. ~IDAVIT OF LEGAL II~TTEKEST STATE OF IDAHO ) ss COUNTY OF ADA ) j, Roger Michener 1111 S. Orchard, Suite 200. (name) (address) Boise ID beiag first duly sworn upon • oath. depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to Triple T Enterprises, Inc. dba • 519 E. Fairview Ave., Meridian Smoky Mountain Pizza (name) (address) to submit the accompanying application pertaining to that property. eridian 2. I agree to indemnify, defend and hol~ City and its employees harmless from any claim of liability resulting from any dispute as to the statements contained herein or as to the ownership of the properly which is the subject of the application. Dated this 13th day of January , 19 98 SUBSCRIBED AND SWORN to before me the day and year first above written. ,•` tiv~ :••••••••:.~'r,G •,~ U Notary Public for Idaho U ;• oTgR ••~G~'. Residing at ~~,~,u~~ ~ ~ • ~, . • _._ : ~° • = My Commission Expires• J~ ~ d-~ * e~ AUBLZG • • • ee~~I~._OF Ia~~~~~ PLCU izpl JAIL-I5-98 THU 305 PM Jun-04-00 10:32P SMOKY MTI~, PIZZA FAX IdO, 2087886548 Triple T Enterprises Inc. dba Smoky Mountain Pizza & Pasta I agree to post the subject Signature:_ ten days prior to the hearing. Date of Signature: ~ /~~ !~ Au-1~-98 T:~U ll:?3 AM P, 2 t>.O1 D , ,, JAN 15 '98 15 20 2087886548 PAGE.02 T , ~ i /~ '~~ •i ~•~ .~ ! ~ l^` •' j `` .• ~ • •~ • f GEG~t`ZLO fl•S~ r j : r' i ~r . ~ ; '/ j • : • ,. . 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'fj ~j}• •, ',f, ••ff •rf BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ROGER MICHENER CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT 519 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND.CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 13, 1997 at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Roger Michener, 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 of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit and application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled on February 13, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 13, 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. 2. The property is located within the City of Meridian the address is listed in the application as 519 East Fairview Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as C-G, General Retail and Service Commercial. The proposed use of the property is to operate a full service restaurant. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. ~. Roger Michener, owner of the property, testified substantially as follows at the public hearing. Mr. Michener testified that he had not finalized the lease with Smokey Mountain Pizza. He is negotiating with two other very similar operations, one of which is Pete's Sandwich Shop. Mr. Michener would like to proceed with the application for the conditional use permit even though the tenant occupying the building is yet to be determined. 5. Commissioner Johnson noted a letter from Bruce Freckleton, Assistant City Engineer, and dated February 4, 1998. Commissioner Johnson inquired as to whether Mr. Michener has reviewed the letter. Mr. Michener noted that did not see the letter. Commissioners' Smith and Borup also noted that they did not see the letter. 6. Commissioner Borup inquired as to whether the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 parking at the site is adequate. Mr. Michener responded that he believed the parking was adequate. Commissioner Borup noted there are compact parking stalls but they are compact in regards to depth not width. 7. Commissioner Johnson inquired about the appearance of the building. Mr, Michener noted that the building would be a stucco design. 8. Commissioner Borup noted the conditional use is for a sit down restaurant. 9. Commissioner Johnson inquired if Smokey Mountain does not become the tenant, would the other prospects be similar in regards to the type of business. Mr. Michener stated I can give you my word on that, we'll come back if there's a substantial change in anything and we can clarify that with anybody, you personally, or anybody else I guess, Shari or whoever you want." Commissioner Johnson noted I was hoping you would get them in here I like their food!" 10. Mr. Prior, the Assistant City Attorney inquired about the three or four other prospective tenants. Mr. Michener noted that there would be no drive-in windows or drive-up or anything like that. He further noted that the other prospective tenants are of the pizza or sandwich type operation and there would be inside seating. 11. Bruce Freckleton, Assistant to the City Engineer, submitted comments, which respective comments are incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 herein as if set forth in full. 12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as if set forth in full. 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 property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (CG) General Retail and Service Commercial. The (CG), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 11 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 5. (CG) General Retail and Service Commercial- The purpose of the (CG) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Conditional Use Permit is defined in 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 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. 8. Section 11-2418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 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. 9. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance 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. 10. Section 11-2-418 C of the Zoning and Development Ordinance 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. Upon a review of those requirements and a review of the facts presented and the conditions of the area, 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 and this Ordinance; c. The use is designed and is to be 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 of the general vicinity and should not change the essential character of the area; d. The use will not be hazardous or disturbing to existing or future neighboring uses if the conditional permit is granted; e. Sewer and water service is available, but the 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 would not be detrimental to the economic welfare of the community; g. The use will not involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets; i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted in this case for the above reasons. 11. Conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, 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 are required, if a permit is issued, 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District 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; 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; e. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. f. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance. Flashing signs and temporary signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. sign permits are to be obtained prior to construction. Upon three days notice to any tenant, the City of Meridian will remove any unauthorized signage. g. Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire access. h. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all off street parking areas. All site drainage shall be contained and disposed of on-site. All driveway and parking FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 stall dimensions shall comply with Meridian City Ordinance. i. Sanitary Sewer service to the tenant space is being provided by service lines being installed as part of the Fairview Business Center construction. j. Water service to the tenant space is being provided by service lines being installed as part of the Fairview Business Center construction. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. k. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to comply with pretreatment requirements as determined by the Meridian Wastewater Department, and enter into an Assessment Agreement with the City of Meridian. 1. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. m. The Applicant shall complete sidewalk along Fairview Avenue in accordance with Ada County Highway District requirements. n. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 12. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 13. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 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 COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~~- l~--- VOTED VOTED VOTED -r~~. ~,~/~ VOTED ~~'~= ~~~ r0 ~~ DECISION AND RECONNENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it 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 requirements, and the paving and 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: ~~<<~r~~ APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 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 7th day of April, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED VOTED (G'~_ VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - TRIPLE T INC. CONDITIONAL USE PERMIT • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 2 Bird: Mr. Mayor, I make a motion that we accept the minutes of the March 10th and the March 17th meetings of the City Council. Bentley: Second. Corrie: Motion made by Mr. Bird and second by Mr. Bentley that we accept the minutes as written from March 17th and March 10th, 1998. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: All ayes. ITEM NO. 1: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: Corrie: Is there anybody here from McCall Industries here this evening? Okay, Council, I have talked to Mr. Van Auker and also Mr. Saums has given us some word here. I would like to have Mr. Van Auker give us the prices in the next meeting in two weeks to finish that up. And if we can get a delay and table that until the 21 gt of April. We can have all the figures for you and we can work on it at that time. Bird: Mr. Mayor, I make a motion that we table this until the meeting of the 21 ~ Anderson: Second. Corrie: Motion made and seconded that we table this until April the 21 gt. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM N0.2: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY TRIPLE T INC. - 519 EAST FAIRVIEW AVENUE: Corrie: Council you have the Findings of Facts and Conclusions for the conditional use permit on that. What is your pleasure? Bentley: Is the spokesman here for Triple T Incorporated? Corrie: I didn't see anybody. Is there somebody here from there? No, Mr. Bentley, there isn't. Bentley: I have a question for staff. Shari, have they responded to all your inquiries? • • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 3 Stiles: I believe they had addressed everything. I did notice in these findings that it's not transferable to another owner or lessor of the property. When this first came through they wanted it to be Smoky Mountain Pizza, but they backed so the owner of the property wanted to continue so that they could have a restaurant use in there. There is another party that's interested in having a restaurant in that building, and so I'd like as long as it's a similar type of business. that they be able to use this conditional use permit instead of having to start over. Bentley: Are they agreeable to this? The owners? Stiles: The owners? Bentley: Are they agreeable to all the conditions and stuff that was set forth? Stiles: They've indicated that they were, yes. Corrie: So Smoky Restaurant may not be there; is that the case? Stiles: Yeah, before the first public hearing, they had backed out, but there is another party that is interested in having a restaurant in that building. Bentley: And was the signage issue addressed with them? Stiles: It was initially addressed back when the building itself came through the process. And that was a condition of their original conditional use permit for the entire building. When they testified in that public hearing, they said that if it were something other than retail, then they would come back for the conditional use permit, and since they do have interest for a restaurant that's why they came back. Bentley: Okay, thank you. Corrie: Any further questions from Council? Bird: I have none. Anderson: None. Corrie: Okay. If there's no further discussion, I'll entertain a motion. Bentley: Mr. Mayor, I would move we approve the conditional use permit for a full service restaurant and request of Triple T Incorporated. Bird: Second. .~ . • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 4 Crookston: You need to approve the findings of fact and conclusions of law. Bentley: Mr. Mayor, I would move we approve the Findings of Facts and Conclusions of Law. Bird: Second. Corrie: Motion is made and second that we approve the Findings of Facts and Conclusions of Law. Any further discussion? ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Bentley: Mr. Mayor, the City Council, City of Meridian hereby approves the conditional use request for permit for the applicant for the property described in the application with the conditions set forth in the Findings of Facts 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 requirements, and the paving and landscaping requirements and all other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bird: Second. Corrie: Okay, motion is made and seconded we accept the decision and recommendation as read. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 3: AMENDED ORDINANCE #783: FUTURE PARK ANNEXATION: Corrie: Is there anyone from the audience that would like to have the amended ordinance #783 read in its entirety? Okay, hearing none, I will entertain a motion on the amended ordinance #783. Bird: Mr. Mayor, I make a motion that we accept the amended ordinance #783 regarding future park annexation with suspension of rules. • • MERIDIAN CITY COUNCIL MEETING: APRIL 7 1888 APPLICANT: TRIPLE T INC. ITEM NUMBER: 2 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT - 518 EAST FAIRVIEW AVENUE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT; CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED FINDINGS OF FACTS AND CONCLUSIONS OF LAW ~~L L ~~,~ l ~, -o V ~~~r ~,~ ~ ~S OTHER: All Materials presented at public meetings shall become property of the City of Meridian. f ~ ~ • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ROGER MICHENER CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT 519 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND.CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 13, 1997 at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Roger Michener, 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 of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit and application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled on February 13, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 13, 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. 2. The property is located within the City of Meridian the address is listed in the application as 519 East Fairview Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 v ' ~ • The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as C-G, General Retail and Service Commercial. The proposed use of the property is to operate a full service restaurant. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Roger Michener, owner of the property, testified substantially as follows at the public hearing. Mr. Michener testified that he had not finalized the lease with Smokey Mountain Pizza. He is negotiating with two other very similar operations, one of which is Pete's Sandwich Shop. Mr. Michener would like to proceed with the application for the conditional use permit even though the tenant occupying the building is yet to be determined. 5. Commissioner Johnson noted ~ letter from Bruce Freckleton, Assistant City Engineer, and dated February 4, 1998. Commissioner Johnson inquired as to whether Mr. Michener has reviewed the letter. Mr. Michener noted that did not see the letter. Commissioners' Smith and Borup also noted that they did not see the letter. 6. Commissioner Borup inquired as to whether the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 parking at the site is adequate. Mr. Michener responded that he believed the parking was adequate. Commissioner Borup noted there are compact parking stalls but they are compact in regards to depth not width. 7. Commissioner Johnson inquired about the appearance of the building. Mr. Michener noted that the building would be a stucco design. 8. Commissioner Borup noted the conditional use is for a sit down restaurant. 9. Commissioner Johnson inquired if Smokey Mountain does not become the tenant, would the other prospects be similar in regards to the type of business. Mr. Michener stated I can give you my word on that, we'll come back if there's a substantial change in anything and we can clarify that with anybody, you personally, or anybody else I guess, Shari or whoever you want." Commissioner Johnson noted I was hoping you would get them in here I like their food!" 10. Mr. Prior, the Assistant City Attorney inquired about the three or four other prospective tenants. Mr. Michener noted that there would be no drive-in windows or drive-up or anything like that. He further noted that the other prospective tenants are of the pizza or sandwich type operation and there would be inside seating. 11. Bruce Freckleton, Assistant to the City Engineer, submitted comments, which respective comments are incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 • herein as if set forth in full. 12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as if set forth in full. 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 property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (CG) General Retail and Service Commercial. The (CG), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 11 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 • 5. (CG) General Retail and Service Commercial- The purpose of the (CG) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Conditional Use Permit is defined in 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 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. 8. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 • 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. 9. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance 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. 10. Section 11-2-418 C of the Zoning and Development Ordinance 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. Upon a review of those requirements and a review of the facts presented and the conditions of the area, 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 and this Ordinance; c. The use is designed and is to be 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 • of the general vicinity and should not change the essential character of the area; d. The use will not be hazardous or disturbing to existing or future neighboring uses if the conditional permit is granted; e. Sewer and water service is available, but the 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 would not be detrimental to the economic welfare of the community; g. The use will not involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets; i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted in this case for the above reasons. 11. Conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, 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 are required, if a permit is issued, 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 • b. The Applicant shall meet the requirements of the City Engineer's office, •the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District 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; 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; e. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. f. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance. Flashing signs and temporary signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. sign permits are to be obtained prior to construction. Upon three days notice to any tenant, the City of Meridian will remove any unauthorized signage. g. Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire access. h. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all off street parking areas. All site drainage shall be contained and disposed of on-site. All driveway and parking FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 stall dimensions shall comply with Meridian City Ordinance. i. Sanitary Sewer service to the tenant space is being provided by service lines being installed as part of the Fairview Business Center construction. j. Water service to the tenant space is being provided by service lines being installed as part of the Fairview Business Center construction. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. k. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to comply with pretreatment requirements as determined by the Meridian Wastewater Department, and enter into an Assessment Agreement with the City of Meridian. 1. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. m. The Applicant shall complete sidewalk along Fairview Avenue in accordance with Ada County Highway District requirements. n. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 12. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 13. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW.- Page 9 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 • 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 COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~--- VOTED VOTED VOTED -~~~ VOTED ~~ .~If~/9~ DECISION AND RECONIl~IDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it 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 requirements, and the paving and 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: ~Ila( l~/ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 SMOKEY MOUNTAIN - CONDITIONAL USE PERMIT Finalized 3-2-98 • 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 7th day of April, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED VOTED (~ VOTED VOTED1~~~~ MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - TRIPLE T INC. CONDITIONAL USE PERMIT • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: MARCH 10, 1998 APPLICANT: TRIPLE T ENTERPRISES INC AGENDA ITEM NUMBER: 4 REQUEST: REQUEST FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT - 519 EAST FAIRVIEW AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES OF 2/10/98 SEE ATTACHED FINDINGS OF FACTS AND CONCLUSIONS OF LAW ~l~ ~'~ ~ ~ ~~ ~r /v//////A(((-//(''r/^, ~' Y ~ /fffJJJNJ/} ~'l"~ G ~- l I V VY v ~~ ~yr~ u~~ ~c ~ ~~ 7V G~~ All Materials presented at public meetings shall become property of the City of Meridian. 'Meridian Planning & 7~ng Commission • Fehtuary 10, 1998 Page 18 MOTION CARRIED: All aye. ITEM #11: PUBLIC HEARING: REQUEST FOR CONDITIONAL .USE PERMIT FOR A FULL SERVICE RESTAURANT BY TRIPLE T INC: d/b/a SMOKEY MOUNTAIN PIZZA ~ RASTA - NE %. NW'/4 SECTION 7, T.3N.,R1 E: Johnson: I'll now open this public hearing and invite the applicant or the applicants represented to be swum and come before the Commission. Prior. Sir would you state your name and address? Michener. Roger Michener, 2000 Mountain Cove Road, Boise. Prior. And would you spell your last name for the record please. Michener. Michener. Prior. Do you. promise, swear or affirm that the testimony you give will be the truth, the whole truth, and nothing but the truth? Michener. Yes. Prior. Proceed sir. Johnson: If you just briefly want to tell us what you've got planned. I understand there might be a change in the tenant. Michener. Yes that's a possibility. We haven't finalized our lease with Smokey Mountain - (ensl of tape) -whether they'll end up being the occupant we are negotiating with two other very similar operations. Pete's Sandwich Shops and uh - so we would like to proceed with the application if possible even though we don't have anything finalized with Smokey Mountain. Johnson: Anything further? - We probably have some questions though. Michener. -answer questions I guess. Johnson: Questions from the Commissioners? Nelson: Were there any staff comments prepared on this? Johnson: Yes there are. There's a letter from Bruce Freckleton, Assistant City Engineer, that's quite extensive .dated February 4~'. Borup: I did not get that in my packet. Men~'dian Planning 8c ~ng Commission . February 10, 1998 Page 21 Prior- - I'm not asking you to name them but you have three or four prospective tenants that are food related tenants? Michener Yes very similar, not well I don't know if you'd call Smokey Mountain fast food or not but no drive-in windows or drive-up or anything like that. Prior: No fast food restaurants or anything like that? Michener. Well that's what I would call fast food, right, none of those. Everybody we're talking to now is of the pizza or sandwich, sit down sandwich type - Prior: -Sit down sandwich? Michener: Well again, they'll have.seating inside, yes. Johnson: Anyone else have any questions for Mr. Michener? (none) Okay thank you very much. This is a public hearing, anyone else that would like to address the Commission at this time? Not even you Norm? Norm Crosby, that was a joke. Okay at this time I'll close the public hearing. This is an application that requires Findings of Fact and Conclusions of Law. Borup: Mr. Chairman, I move the City Attorney prepares Findings of Fact and Conclusions of Law on this application. Smith: Second. Johnson: That motion is second to have the City Attorney prepare Findings of Fact and Conclusions of Law on conditional use permit item number eleven. All in favor? Opposed? MOTION CARRIED: All aye. Johnson: Well gentlemen, since we deferred a !ot of things we're through early. Any further motions? Nelson: I motion to adjourn. Smith: Second. Johnson: We have a motion and second to adjourn for this evening. All in favor? Opposed? MOTION CARRIED: All aye. ~. MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 2 Btrd: Mr. Mayor, I make a motion that we accept the minutes of the March 10~' and the March 17"' meetings of the City Council. Bentley: Second. Corrie: Motion made by Mr. Bird and second by Mr. Bentley that we accept the minutes as written from March 17~' and March 10~', 1998. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: All ayes. ITEM NO. 1: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: Corrie: Is there anybody here from McCall Industries here this evening? Okay, Council, 1 have talked to Mr. Van Auker and also Mr. Saums has given us some word here. I would like to have Mr. Van Auker give us the prices in the next meeting in two weeks to finish that up. And if we can get a delay and table that until the 21~ of April. We can have all the figures for you and we can work on it at that time. Bird: Mr. Mayor, I make a motion that we table this until the meeting of the 21 ~. Anderson: Second. Corrie: Motion made and seconded that we table this until April the 21 ~. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM N0.2: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY TRIPLE T INC. - 519 EAST FAIRVIEW AVENUE: Corrie: Council you have the Findings of Facts and Conclusions for the conditional use permit on that. What is your pleasure? Bentley: Is the spokesman here for Triple T Incorporated? Corrie: I didn't see anybody. Is there somebody here from there? No, Mr. Bentley, there isn't. Bentley: I have a question for staff. Shari, have they responded to all your inquiries? ,~ • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 3 Stiles: I believe they had addressed everything. I did notice in these findings that it's not transferable to another owner or lessor of the property. When this first came through they wanted it to be Smoky Mountain Pizza, but they backed so the owner of the property wanted to continue so that they could have a restaurant use in there. There is another party that's interested in having a restaurant in that building, and so I'd like as long as it's a similar type of business that they be able to use this conditional use permit instead of having to start over. Bentley: Are they agreeable to this? The owners? Stiles: The owners? Bentley: Are they agreeable to all the conditions and stuff that was set forth? Stiles: They've indicated that they were, yes. Corrie: So Smoky Restaurant may not be there; is that the case? Stiles: Yeah, before the first public hearing, they had backed out, but there is another party that is interested in having a restaurant in that building. Bentley: And was the signage issue addressed with them? Stiles: It was initially addressed back when the building itself came through the process. And that was a condition of their original conditional use permit for the entire building. When they testified in that public hearing, they said that if it were something other than retail, then they would come back for the conditional use permit, and since they do have interest for a restaurant that's why they came back. Bentley: Okay, thank you. Corrie: Any further questions from Council? Bird: 1 have none. Anderson: None. Corrie: Okay. If there's no further discussion, I'll entertain a motion. Bentley: Mr. Mayor, I would move we approve the conditional use permit for a full service restaurant and request of Triple T Incorporated. Bird: Second. ~, • MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998 PAGE 4 Crookston: You need to approve the findings of fact and conclusions of law. Bentley: Mr. Mayor, 1 would move we approve the Findings of Facts and Conclusions of Law. Bird: Second. Corrie: Motion is made and second that we approve the Findings of Facts and Conclusions of Law. Any further discussion? ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Bentley: Mr. Mayor, the City Council, City of Meridian hereby approves the conditional use request for permit for the applicant for the property described in the application with the conditions set forth in the Findings of Facts 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 requirements, and the paving and landscaping requirements and all other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bird: Second. Corrie: Okay, motion is made and seconded we accept the decision and recommendation as read. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 3: AMENDED ORDINANCE #783: FUTURE PARK ANNEXATION: Corrie: Is there anyone from the audience that would like to have the amended ordinance #783 read in its entirety? Okay, hearing none, I will entertain a motion on the amended ordinance #783. Bird: Mr. Mayor, I make a motion that we accept the amended ordinance #783 regarding future park annexation with suspension of rules. Meridian Planning & ~ning Commission • February 10, 1998 Page 18 MOTION CARRIED: All aye. ITEM #11: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY TRIPLE T INC. d/b/a SMOKEY MOUNTAIN PIZZA & PASTA - NE'/ NW'/.SECTION 7, T.31V.,R1E: Johnson: I'll now open this public hearing and invite the applicant or the applicants represented to be sworn and come before the Commission. Prior: Sir would you state your name and address? Michener: Roger Michener, 2000 Mountain Cove Road, Boise. Prior: And would you spell your last name for the record please. Michener: Michener. Prior: Do you promise, swear or affirm that the testimony you give will be the truth, the whole truth, and nothing but the truth? Michener: Yes. Prior: Proceed sir. Johnson: If you just briefly want to tell us what you've got planned. I understand there might be a change in the tenant. Michener: Yes that's a possibility. We haven't finalized our lease with Smokey Mountain - (end of tape) -whether they'll end up being the occupant we are negotiating with two other very similar operations. Pete's Sandwich Shops and uh - so we would like to proceed with the application if possible even though we don't have anything finalized with Smokey Mountain. Johnson: Anything further? -- We probably have some questions though Michener: --answer questions I guess. Johnson: Questions from the Commissioners? Nelson: Were there any staff comments prepared on this? Johnson: Yes there are. There's a letter from Bruce Freckleton, Assistant City Engineer, that's quite extensive dated February 4tn Borup: I did not get that in my packet. Meridian Planning & ~ning Commission • February 10, 1998 Page 19 Smith: Nor did I. Johnson: I have a copy there. There's six items, perhaps Mr. Michener has seen that letter. Michener: I have not seen it either. Johnson: You haven't seen it either. Borup: One of the reasons I ask I wanted (inaudible) My only concern with what information I had was parking and I didn't know if that was reviewed in light of the type of business going in. - I mean has the landlord or talking with them was that reviewed at all with the - Johnson: -- Keith I can't answer whether - Michener: As far as I know it was, it was my understanding that it was deemed to be adequate. Borup: Well by Meridian City parking standards or by what would be reasonable for a restaurant of this type? That was really my question. And the other thing that might be pertinent is hours of operation from adjoining businesses. If it's daytime usage then nighttime there would be plenty of parking. Michener: I'm sure right now that that will be the case because I do know who the next door tenant is. Borup: You say you do? Michener: We do right now it's a finance company so I'm sure they'll be daytime only. But the balance of the strip is not leased. I'm an owner of the project and I can tell you that it certainly doesn't (inaudible) of anybody to get a tenant mix that creates a losing situation. So we are cognizant of it and it's a good point. I think our parking exceeds the requirements right now and in fact I think they're eleven foot wide parking spaces considerable wider than are required, we have no compact parking spaces on the site. Borup: My plat is showing nine and ten (inaudible) the building. The width of them? Borup: Yes. In fact it's showing - Smith: -- It shows two compact spaces. Meridian Planning & ~ning Commission • February 10, 1998 Page 20 Borup: Everything I see is ten feet. Michener: Yeah, they vary. Johnson: It shows two compact unless you've changed that design. Michener: I wasn't aware of any compact but there might be - Borup: -Well there's a couple where the sidewalk jutted out, so they're compacted because of depth not the width. Johnson: Do you have anything with respect to construction materials or what the building will actually took like? Michener: Yeah, that all was - we have, you know it's under construction, it's going to be a stucco - Johnson: -- That's right we have that, I do recall that. Borup: We've gone through this before, this is conditional use because of the restaurant. Johnson: We're already doing a conditional, that's true, that's my error. (Inaudible) Johnson: I guess the question then I would have is Smokey Mountain Pizza it doesn't become the applicant, we're not looking at any material change in anything because it might be a different applicant, does that kind of conclude that or not? Michener: I can give you my word on that, we'll come back if there's a substantial change and we can clarify that with anybody, you personally, or anybody else I guess, Shari or whoever you want to. Johnson: I was really hoping you'd get them in here I like their food. Michener: We were too, we still might but - Prior: I think it would help just in regards to your concern about a material change, you`re able to narrow this down to three or four tenants that are prospective tenants in this building, is that right? Michener: Well, I don't know if I'd like to name the tenants right now - Meridian Planning & ZSning Commission • February 10, 1998 Page 21 Prior: -- I'm not asking you to name them but you have three or four prospective tenants that are food related tenants? Michener: Yes very similar, not well I don't know if you'd call Smokey Mountain fast food or not but no drive-in windows or drive-up or anything like that. Prior: No fast food restaurants or anything like that? Michener: Well that's what I would call fast food, right, none of those. Everybody we're talking to now is of the pizza or sandwich, sit down sandwich type - Prior: -- Sit down sandwich? Michener: Well again, they'll have seating inside, yes. Johnson: Anyone else have any questions for Mr. Michener? (none) Okay thank you very much. This is a public hearing, anyone else that would like to address the Commission at this time? Not even you Norm? Norm Crosby, that was a joke. Okay at this time I'll Gose the public hearing. This is an application that requires Findings of Fact and Conclusions of Law. Borup: Mr. Chairman, I move the City Attorney prepares Findings of Fact and Conclusions of Law on this application. Smith: Second. Johnson: That motion is second to have the City Attomey prepare Findings of Fact and Conclusions of Law on conditional use permit item number eleven. All in favor? Opposed? MOTION CARRIED: All aye. Johnson: Well gentlemen, since we deferred a lot of things we're through early. Any further motions? Nelson: I motion to adjourn. Smith: Second. Johnson: We have a motion and second to adjourn for this evening. All in favor? Opposed? MOTION CARRIED: All aye. • r MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 10, 1998 APPLICANT: SMOKY MOUNTAIN PIZZA 8~ PASTA AGENDA ITEM NUMBER: 11 REQUEST: RE~C UEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: COMMENTS ~.e..er A.~0.G~n.e.CQ, C~~--nv~~ ~1eu~et~-~ c~ ~~ Ei~ ~ ~~ Qua c~.rQ. C®+-,uM.~~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU O~RECLAMATION: A~ 1 OTHER: ~ ~,I~.l'nCr~7C ~..`Y~-~, ~LVIa Cain 0 ~ (,~V~fv~p AsoLV ~ All Matenals presented at public meetings shall become property of the City of Meridian. ' HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 -• Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor GOUNGIL MEh4B Rc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH 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 8t Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Cterk by: February 3, 1998 TRANSMITTAL DATE: 1/16/98 HEARING DATE: 2/10/98 REQUEST: Conditional Use Permit for a full service restaurant BY: Triale T Ent. Inc., dba Smokv Mountain Pizza 8z Pasta LOCATION OF PROPERTY OR PROJECT: 519 East Fairview Avenue JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z -KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR _RON ANDERSON, C/C -CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT ,FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~' a b " ~~ YOUR CONCISE REMARKS: -CITY ATTORNEY -CITY ENGINEER Lon! L C.. O E S ,q. R ,~ ~ -CITY PLANNER ..~ F w. o f ~ 1./ H~ ~ }q~ ~ f~ I s /M Q RECEIVED ` n JAH 2 0 1998 /~~l//J ` ~"~~ GTY OF NF~tlNAti `~ ~J WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, Clty 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney i HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding DCpartment (208) 887-2211 Legal bepartrtunt (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P_II< Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 3, 1998 TRANSMITTAL DATE: 1/16/98 HEARING DATE: 2/10/98 REQUEST: Conditional Use Permit for a full service restaurant BY: Triale T Ent. Inc., dba Smokv Mountain Pizza Sz Pasta LOCATION OF PROPERTY OR PROJECT: 519 East Fairview Avenue JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, 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 R IM & FINAL PLAT) BUREAU OF RECLA I (PRELIM & FINAL P CITY FILES OTHER: YOUR CONCISE REMAR HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 KENNETH W. BOWERS, Fire ChieF W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH 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 recommendations to Meridian City Hall, Attn: Will Berg, City Cterk by: February 3. 1998 TRANSMITTAL DATE: 1/16/98 HEARING DATE: 2/10/98 REQUEST: Conditional Use Permit for a full service restaurant . BY: Triale T Ent. Inc., dba Smokv Mountain Pizza Sz Pasta LOCATION OF PROPERTY OR PROJECT: 519 East Fairview Avenue JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MARK NELSON, P/Z _BYRON SMITH, P/Z -,KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR RON ANDERSON, C/C -CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C -GLENN BENTLEY, C/C ATER 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 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~~11'Y fir' MEI~,IDIAN ~~a'ASTE~VATER DEPT. ~~cE~vEp JAN 2 6 1998 'ITw ~.~» ~~IERIQIA~ CENTRAL CENTRAL DISTRICT HEALTH DEPARTFIENT •• Rezone # (Irv reTi: ~ ~•- ~• Conditional Use # /~~~~ f~e~/ic~ ~sTi¢+//~v,/ i~- Preliminary /Final /Short Plat ^ I . We have No Objections to this Proposal. Return to: ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz ^ 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 ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 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. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 14. Tff~ STonM w~4--i~~rc 2vn~~ar-f lti~i/f~l~o~fz~T _sys~-r~c s/,,e,11 d ~ ~e~ /r£wc~ 8 y ~-/~is~ ~ficE DISTRICT Environmental Health Division ~1'HEALTH `~~~~ DEPARTMENT Date: ! / ~ /~ Reviewed By: T Review Sheet LORD 10/91 rrb, rer. 1/91 ,y ~ ~ ~ ~ ~~.~ ~~ ~ 2 r~~~~3 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 20~($~$J1(XXX 208-483-0183 ~dl Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 ~a>r~cxx~it~tR~4cxx SHOP: Nampa 466-0663 s>4xacxxxt><~txxxxxx RE: Conditional Use Permit -Smoky Mountain Pizza & Pasta Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ~~,~~-~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop File - 0,,~`ice Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 22 January 1998 02/03/1998 15:51 2083363558 MICHENER INVESTMENTS PAGE 01 • • February 3, 1998 City of Meridian 'To Whom It May Concern C.~L 'Yr.~s~alA~6 Please allow this letter to serve as notice that Triple T Enterprises, Inc. is requesting that Michener Investments be allowed to assume its position in the conditional use application process for a restaurant at 519 East Fairview in Meridian. Sinter ` r e nt rprises, Inc. Poot-It° Fex Note 7671 oe~ Z ~ ~~fr ~ To 1~ From CoJl~pt. Co. Phone e ~ ,z3 Pho~+e N 1's% ~ Fax Y ~ ~J Fex K FEB 03 '98 15 52 2083363558 PAGE.01 HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH February 4, 1998 RE~Er`'ED FEB 0 5 1998 Re: SMOKY MOUNTAIN PIZZA CITY OF MERIDIAN (Conditional Use Permit by Triple T Enterprise) I have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. This application is for a tenant improvement space in the Fairview Business Center, which is currently under construction. The site is located adjacent to the east of the New Horizon Daycare. 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. 4. Sanitary Sewer service to the tenant space is being provided by service lines being installed as part of the Fairview Business Center construction. 5. Water service to the tenant space is being provided by service lines being installed as part of the Fairview Business Center construction. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. 6. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to comply with pretreatment requirements as determined by the Meridian Wastewater Department, and enter into an Assessment Agreement with the City of Meridian. Smoky Mountain Fizza.CUP.doc