1995 10-26
MERIDIAN PLANNING & ZONING COMMISSION
SPECIAL MEETING
AGENDA
THURSDAY, OCTOBER 26, 1995 - 5:30 P.M.
CITY COUNCIL CHAMBERS
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT
8 SUSAN BERNER AND MARIE NANNI: (APPROVED)
2. FINDNGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT REQUEST FOR BEFORE AND AFTER SCHOOL BY JOE AND
LESLIE PALMER: (APPROVED)
3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT REQUEST FOR DRIVE THRU WINDOW FOR TRAVEL CENTER
BY JACKSONS FOOD STORES: (APPROVED)
4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT REQUEST FOR A RESTAURANT WITH A DRIVE UP WINDOW
BY WESTERN DELI SHOPS: (APPROVED)
MERIDIAN PLANNING & ZONING COMMISSION OCTOBER 26. 1995
The Special meeting of the Planning & Zoning Commission was called to order by
Chairman Jim Johnson:
MEMBERS PRESENT: Jim Shearer, Charlie Rountree, Tim Hepper:
MEMBERS ABSENT: Moe Alidjani:
OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles:
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT AND SUSAN
BERNER AND MARIE NANNI:
Johnson: Any discussion or comments, corrections to be made to these findings of fact as
prepared by the City Attorney? Anyone have any comments? Entertain a motion for
approval as prepared then.
Rountree: So moved.
Hepper: Second
Johnson: It has been moved and seconded that we approve the findings of fact and
conclusions of law as prepared by the City Attorney, roll call vote.
ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent.
MOTION CARRIED: All Yea
Johnson: Any decision or recommendation you wish to pass onto the City at this time?
Rountree: Mr. Chairman, I Move that the Planning & Zoning Commission recommends to
the City Council that they approve the Conditional Use Permit applied for.
Shearer: Second
Johnson: Moved and seconded to pass a recommendation on as stated by Commissioner
Rountree, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT FOR BEFORE AND AFTER SCHOOL BY JOE AND LESLIE PALMER:
Meridian Planning & Zoning Commission
October 26, 1995
Page 2
Johnson: Any discussion regarding these findings of fact? Susan you want to get a copy
of these as soon as you can probably tomorrow. If you want one there is one now. Now
that they are approved you can have it. There is quite a bit in there. You want to review
those. Thank you for coming. Any comments regarding the Palmer's findings of fact and
conclusions of law? Entertain a motion then please.
Rountree: Mr. Chairman, I would make a motion that the Meridian Planning and Zoning
Commission adopts and approves the findings of fact for the next 3 items on the agenda.
Shearer: Second
Johnson: Any discussion regarding that, anybody have any objections to doing all three
at once? We have a motion and a second then all those in favor of approving all three
with one fell swoop, this is a roll call vote.
ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent
MOTION CARRIED: All Yea
Johnson: Decisions and recommendations as written?
Rountree: Mr. Chairman I so move.
Shearer: Second
Johnson: Moved and seconded that we approve the decisions and recommendation to the
City Council as prepared on all three items, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Any further motions?
Shearer: I move we adjourn.
Rountree: Second
Johnson: Moved and seconded we adjourn, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 5:34 P.M.
Meridian Planning & Zoning Commission
October 26, 1995
Page 3
(TAPE ON FILE OF THESE PROCEEDINGS)
ATTEST:
~~
WILLIAM G. BERG, JR., 1 CLERK
APPROVED:
J HN ,CHAIRMAN
•
• ORIGINAL
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
JOE AND LESLIE PALMER
CONDITIONAL USE PERMIT FOR BEFORE AND AFTER SCHOOL CENTER
1608 N. MERIDIAN ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioner,
Joe Palmer, 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. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for October 10, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 10, 1995,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations;
2. That this property is located within the City of Meridian
and the Applicant is not the owner of the property; that the owners
ad Chuck and Vella Palmer and they have given consent for this
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1
JOE AND LESLIE PALMER
3. That the intention of the Applicant is to operate a
before and after school center and child care facility; that the
center/facility will be for children ages 6-10 and pre-school for
younger children; that this will be a day care facility and not
used as a residence; that the Applicants are applying for a license
from the Department of Health and Welfare.
4. That the property is currently zoned C-C Community
Business District.
5. That the CC Community Business District is described in
the Zoning Ordinance, 11-2-408 B.9. as follows:
(C-C) Communitv Business District: The purpose of the (C-C)
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. The Applicants request that a conditional use be granted
for the operation of a Day Care Center.
7. That Mr. Palmer testified that this proposed facility,
the property which he is leasing, is for a before and after school
center; that the adjacent facility, which he owns, currently runs
a regular day care center .for under school age children; that one
building exists in the back or to the east of this proposed
facility, which is currently being rented and doing business as a
dental lab; that the adjacent building, which is owned by Mr.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2
JOE AND LESLIE PALMER
Palmer, has two detached buildings behind it, one used for Mr.
Palmer's office for his vacuum business and a 2000 foot shop, soon
to be vacated by the tenant, a cabinet maker; that Mr. Palmer is in
agreement with the staff comments except he has a problem with any
additional trees out in the front, but could put them behind the
building in the back and would comply with the sidewalk and gutter
out front with landscaping accordingly; that the children would be
dropped off, brought in and picked up the same way, using adult
supervision.
8. The Assistant to the City Engineer, Bruce Freckleton,
submitted comments which are incorporated herein as if set forth in
full; the comments address the off-street parking requirements,
outside lighting, paving and striping, and signage shall meet all
Meridian City Ordinances; that sewer and water are available but
the use may require additional charges or fees and that all
construction shall conform to the requirements of the Americans
with Disabilities Act. That the Applicant did not submit plans for
paving the parking lot of their business at this proposed facility;
that paving for the Applicant's business adjacent to this proposed
facility was submitted and was approved on October 31, 1994; that
since a letter sent by Shari Stiles, dated, August 9, 1995, to the
Applicant's regarding their non-compliance regarding the off-street
parking requirements at the 1524 N. Meridian Road address; that the
Applicant's have since had the paving completed at the 1524 N.
Meridian Road address while also having the paving done at this
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3
JOE AND LESLIE PALMER
proposed facility but no plans were submitted and/or approved for
the parking lot for this application; nor does the existing
drainage sump at the adjacent facility, at 1524 N. Meridian Road,
have adequate capacity in its design to accommodate the extra area;
that as per City Ordinance, a drainage plan designed by an
architect or engineer, licensed by the State of Idaho, shall be
required for all off-street parking areas. The drainage plan shall
be submitted for review and approval by the City Engineer.
That Mr. Palmer stated to Mr. Freckleton during the
construction of the parking lot, that his engineer had looked at
the drainage sumps, and had given his approval; that it is
suggested that the Public Works Department receive a statement,
prepared and certified by an Idaho Licensed Professional Engineer,
indicating the quantity of drainage water that is generated on the
proposed facilities' property and that the additional quantity of
drainage water will not adversely impact the functionality of the
approved drainage facility constructed in the parking lot at 1524
N. Meridian Road.
8. That the City Planning and Zoning Administrator, Shari
Stiles submitted comments which are incorporated herein as if set
forth in full; five-foot (5') sidewalks shall be installed per City
Ordinance; that any existing irrigation or drainage ditches
crossing the property shall be piped; that landscaping shall be
provided in accordance with City Ordinance; one (1) three-inch
caliper tree is required for every 1,500 square feet of paving;
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4
JOE AND LESLIE PALMER
that since Meridian Road is an entrance corridor to the City,
particular attention needs to be paid to landscaping along this
corridor; that a Certificate of Occupancy is required prior to
opening and contingent upon meeting all zoning, building codes,
public works and Fire Department regulations; that children should
not be permitted to walk across the driveway without an adult in
attendance; that parking and striping shall meet City Ordinance;
one (1) parking space per ten (10) children plus one (1) per
employee is required; that the children shall not be dropped off
from Meridian Road; that the Applicant shall submit a copy of the
facility's license from the Idaho Department of Health and Welfare
to the City Clerk's office prior to opening, in addition valid
operators' licenses shall be available for inspection during all
operating hours by City and State personnel.
9. The Meridian City Police and Fire Departments, the City
Building Department, Nampa-Meridian Irrigation District, Central
District Health Department and Meridian Sewer Department submitted
comments and they are hereby incorporated herein.
10. That there was no public testimony given at the hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5
JOE AND LESLIE PALMER
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City 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.
4. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 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. That 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6
JOE AND LESLIE PALMER
of Meridian, and the record submitted to it and the things of which
it may take judicial notice.
6. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area 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. That 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 Meridian Road it
should not be a problem.
e. The property has sewer and water service already
connected.
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..
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7
JOE AND LESLIE PALMER
g. If the conditions
involve a use, activity,
conditions of operation
person, property or the
excessive production of
glare or odors.
are met, the use should not
process, material, equipment or
that would be detrimental to
general welfare by reason of
traffic, noise, smoke, fumes,
h. That sufficient parking for the proposed use will be
required to meet the requirements of the City ordinance.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
7. That the Applicant shall comply with all Meridian
Ordinances, including the Uniform Building Code, Sewer and Water
Ordinances, Uniform Fire Code, Uniform Plumbing Code, Uniform
Electrical Code, the Uniform Fire and Life Safety Code, and all
parking and paving requirements.
8. The Conditional Use Permit, if granted, should be
reviewed periodically to see if the Applicant continues to meet the
requirements of the permit.
9. That the Applicant shall provide to the City copies of
all Health and Welfare child care licenses prior to opening for
business.
10. That the Applicant shall meet and comply with all of the
requirements and statements of City staff included or referenced in
these Findings of Fact and Conclusions of Law.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8
JOE AND LESLIE PALMER
ROLL CALL
COMMISSIONER HEPPER VOTED ~I,~ ~
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER
ALIDJANI I/~
VOTED__ (L^~ - /'~7~
~
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law 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, and other 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:
~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9
JOE AND LESLIE PALMER
•
• ORiGi~fAL
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CONDITIONAL USE PERMIT FOR
PAISANO'S ITALIAN RESTAURANT
AL ~ SUSAN BERNER & MARIS NANNI, APPLICANTS
NE CORNER OF EAST 1ST AND PINE STRSET
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
October 10, 1995, at the hour of 7:30 o'clock p.m., the
Petitioners, appearing through Al Berner and the Planning and
Zoning Commission of the City of Meridian having duly considered
the evidence and the matter makes the following Findings of Fact
and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
public hearing scheduled for October 10, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 10, 1995,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
2. That this property is located within the City of Meridian
and the Applicants are not the owners of the property; that the
owners of the property are Loyd E. and Sally M. Jones; that the
property is described in the application which description is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S
PAGE 1
incorporated herein.
3. That the property is zoned Old Town, which requires a
conditional use permit for the operation of a full service family
restaurant.
4. That the Old Town District is described in the Zoning
Ordinance, 11-2-408 B. 12. as follows:
(OT) Old Town District: The purpose of the (OT) District
is to accommodate and encourage further expansion of the
historical core of the community; to delineate a
centralized activity center and to encourage its renewal,
revitalization and growth as the public, and quasi-
public, cultural, financial and recreational center of
the City. A variety of these uses integrated with
general business, medium-high to high density
residential, and other related uses is encouraged in an
effort to provide the appropriate mix of activities
necessary to establish a truly urban City Center. The
District shall be served by Municipal Water and Sewer
systems of the City of Meridian. Development in this
district must give attention to the handling of high
volumes of traffic, adequate parking, and pedestrian
movement, and provide strip commercial development, and
must be approved as a conditional use, unless otherwise
permitted.
5. That the Applicant testified that the tentative business
hours will be from 11:00 a.m. to 9:00 p.m., six (6) days a week and
proposed to be closed on Sundays, at this time; that there is an
apartment above the building and the only off-street parking which
exists now is just behind the building where there is a driveway
for the tenants of that apartment; that the building exterior will
basically stay the same; that the only changes will be cosmetic;
that a decorative awning with the name of the restaurant and the
type of restaurant will be on the awning and on the side of the
building itself; that light will basically be the same as presently
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S
PAGE 2
exists; that regarding Ms. Stiles' comments of the landscaping, the
Applicant is willing to consider and discuss her comments with her.
6. That the use proposed by Applicant is a specifically
allowed conditional use in the Zoninq Schedule of Use Control, 11-
2-409.
7. That sewer and water is available to the property.
S. That the Applicants stated in the Application that they
agree to pay any additional fee regarding trash, sewer, or water.
9. That Mr. Berner testified before the Commission that the
draft he had from the Ada County Highway District basically bought
off on the Conditional Use; that their concern is traffic and
parking; that there will possibly be am impact of an additional 300
vehicle trips per day.
10. That Mr. Berner also testified that his own observations
of the area after 5:30 p.m. were that there are quite a number of
empty parking spots, both on East First and on Pine Street, and
that the Applicant is proposing all parking to be on public right
of way.
11. That the Meridian Planning and Zoning Administrator,
Shari Stiles, and Assistant City Engineer, Bruce Freckleton
submitted comments and they are incorporated herein as if set forth
in full; that paving and striping shall be in accordance with the
standards set forth in 11-2-414 D.4 and 11-2-414 D.5; that all
signage shall meet 11-2-415; that off-street parking shall be
provided in accordance with Section 11-2-414; that a drainage plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S
PAGE 3
designed by an architect or engineer, licensed by the State of
Idaho, shall be required for all off-street parking area; that the
drainage plan shall be submitted for review and approval by the
City Engineer; that outside lighting shall be designed and placed
so as to not direct illumination on any nearby residential area and
in accordance with City Ordinance, Section 11-2-414.D.3; that all
construction shall conform to the requirements of the Americans
with Disabilities Act and that the sanitary sewer and water to this
facility would be by means of existing service lines and that
assessments will be reviewed during the building plan review
process; that the comments from the Planning and Zoning
Administrator, Shari Stiles, were specifically that the Ada County
Highway District approvals for use within the public right-of-way
shall be submitted to the Meridian Public Works Department prior to
occupancy; that landscaping should somehow be incorporated along
East First Street and Pine; that a Certificate of Occupancy is
required prior to opening and will be contingent upon meeting all
zoning, building codes, public works, Central District Health and
Fire Department regulations and that a lack of off-street parking
for this project is of primary concern; that although the City owns
a nearby parcel to be developed into a parking lot, budgeting and
timing are indeterminate.
12. That the Meridian City Police Department, City Fire
Department, Central District Health Department and the Nampa &
Meridian Irrigation District submitted comments and they are hereby
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S
PAGE 4
incorporated herein as if set forth in full.
13. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
14. That no other testimony was offered regarding this
application.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional uae permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the
Revised and Compiled Ordinances of the City of Meridian, Idaho;
4. That 11-2-418 C of the Revised and Compiled Ordinances of
the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S
PAGE 5
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit is required by
ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning
Ordinance requires a conditional use permit to
allow the use.
c. The use apparently would be designed and
constructed, to be harmonious in appearance with
the intended character of the general vicinity.
d. That the use would not be hazardous nor should it
be disturbing to existing or future neighboring
uses.
e. The property has sewer and water service available.
f. The use would not create excessive additional
requirements at public cost for public facilities
and services and the use would not be detrimental
to the economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that
would be detrimental to person, property or the
general welfare by reason of excessive production
of traffic or noise.
h. That sufficient parking for the property and the
proposed use is required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That the comments of the City Engineer and the Planning
and Zoning Administrator must be met and complied with.
6. That all Ordinances of the City of Meridian must be met,
including but not limited to, the Sewer Ordinance and Pre-Treatment
Ordinance, Uniform Building Code, Uniform Fire Code, Uniform
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S
PAGE 6
Plumbing Code, the Uniform Electrical Code, the Fire and Life
Safety Code, and all parking and paving requirements.
7. That the structure on the property must be brought up to
all codes prior to issuance of an occupancy permit.
APPROVAL OF FINDINGS OF FACT AND
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED j
~ ~ ~~~
VOTED~~
VOTED ~-~~~
VOTED`2V~i-S~-'-t
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the Meridian City Council that they approve the Conditional Use
Permit requested by the Applicant for the property described in the
application with the conditions set forth in these Findings of Fact
and Conclusions of Law.
MOTION:
APPROVED:V~ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S
PAGE 7
~ OR~G(f~'~L
BEFORB THE MERIDIAN PLANNING AND ZONING COMMISSION
WESTERN DELI SNOPS, INC.
CONDITIONAL USE PERMIT
CENTRAL VALLEY CORPORATE PARK. LOT 5
MERIDIAN. IDANO
FINDINOS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioner,
appearing through their representative, Jeff Nelson, and the
Planning and Zoning Commission of the City of Meridian having duly
considered the evidence and the matter makes the following Findings
of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for October 10, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 10, 1995,
hearing; the Applicant's representative, Jeff Nelson, appearing in
person, that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
2. That the property is located within the City of Meridian;
the property is described in the application which description is
incorporated herein.
WESTERN DELI SHOPS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1
3. That the property is zoned C-G, General Retail and
Service Commercial, which requires a conditional use permit for a
restaurant with drive-up window which the application requests.
4. That the General Retail and Service Commercial District
is described in the Zoning Ordinance, 11-2-408 B. 11. as follows:
(C-G) General Retail and Service Commercial: The purpose
of the (C-G) District is to provide for commercial uses
which are customarily operated entirely or almost
entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto and
service oriented and are located in close proximity to
major highway or arterial streets; to fulfill the need of
travel-related services as well as retail sales for the
transient and permanent motoring public. All such
districts shall be connected to the Municipal Water and
Sewer systems of the City of Meridian, and shall not
constitute strip commercial development and encourage
clustering of commercial development.
5. That the use proposed by Applicant is a specifically
allowed conditional use in the Zoning Schedule of Use Control, 11-
2-409 B. and the property is being developed under a commercial
planned development process.
6. That the property is currently vacant and located on Lot
5 of Central Valley Corporate Park No. 3; that Shari's Restaurant
is next door occupying Lot 3 and the Northerly portion of Lot 4.
7. That Jeff Nelson, representative for Western Deli's,
testified that the artist's renderings of the elevations of the
Schlotzky's submitted to the Commissioners is how this will look
with the exception to the signs; that previously Applicant proposed
two (2) curb cuts, one in two way and one out one way so that there
would be a loop circulating from our lot to the East lot; that the
WESTERN DELI SBOPS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2
Ada County Highway District would not support this and would like
to see one curb cut and the loop out to one exit; that the
Applicant is providing 22 parking stalls along with two (2)
handicapped; that the landscaping will comply with the Central
Valley Corporate Park design standards; that there will be street
scape landscaping; that the existing three foot berm between the
road and the parking lot will be kept and also there will be an
additional shrub berm at three (3) foot on center and also shrubs
to screen the parking area.
8. That the drive-up window is located at the rear of the
building; that the building itself serves to hide the drive-up
window lane from view plus there will be pine trees in the rear,
hiding or creating a buffer visibility to the drive-up window; that
Western Deli will be purchasing only the lot where the proposed
site is planned and so it will be partitioned off and the user of
the east lot is unknown at this time; that a record of survey or
plat will be submitted to dedicate the cross access and utility
easements; that the lighting will be down cast and a drainage plan
prepared by a registered engineer and the striping and paving will
be in compliance with the design standards of the City of Meridian.
9. That Scholtzky's Deli does not fry or cook anything
except for baking their own bread; that the only cooking equipment
is an oven and two cheese welters; that the Applicant's will
however be providing a grease trap at the time of construction in
the case the building changes hands and somebody puts in a fryer later.
WESTERN DELI SHOPS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3
10. That Mr. Nelson commented on Shari Stiles' comments with
regard to the landscaping; that the Applicant' s will make an
adjustment to the size of the trees so that they will be a three
inch minimum caliper and that the signs cause no more glare than
the existing signs in the development.
11. That the East lot which is most likely going to be
developed to be retail, will not be owned or developed by Western
Deli but that Western Deli would maintain the easement and that the
monument sign proposed to be out on the farthest end of that lot
and the signage would be shared by Schlotzky's and whoever goes in
there.
12. That the Assistant to the City Engineer, City Planning
Director, City Police and Fire Departments, Central District Health
Department, Nampa-Meridian Irrigation District and the Sewer
Department submitted comments and they are incorporated herein as
if set forth in full.
13. That the Assistant to the City Engineer, Bruce Freckleton
specifically commented that a Record of Survey will need to be
prepared showing the lines of ownership, cross access easements,
utility easements, etc. with regard to the portion to be occupied
by the proposed Schlotzsky's Deli and the existing restaurant,
Shari's; that all off-street parking, a drainage plan, lighting,
paving and striping shall be in accordance with the standards set
forth in 11-2-414, all signage shall be in accordance with the
standards set forth in 11-2-415, that sewer and water would be by
WESTERN DELI SBOPS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4
means of mains that were installed as part of the Central Valley
Corporate Park Subdivision No. 3 and that assessments will be
determined during building plan review; that separate sewer and
water service lines will need to be installed for the area
designated as "Future Development"; if the future development area
is to be under separate ownership, sewer and water easements must
be provided across the Schlotzsky's parcel.
14. That Planning and Zoning Administrator, Shari Stiles,
commented that City Ordinance requires a minimum of one 3 inch
caliper tree per 1,500 square feet of paved area; that the
additional landscape treatment shown may warrant a slight
relaxation of this requirement; that any existing irrigation or
drainage ditches crossing the property shall be tiled per City
Ordinance; that speakers in this commercial area will not affect
residential areas; that illumination shall be designed to not cause
glare; that a Certificate of Occupancy is required prior to opening
and contingent upon meeting all zoning, building code, public
works, Fire Department, sewer provisions and agency regulations;
that signs shall meet the Uniform Sign Code and City Ordinance,
with no flashing lights; that a lot line adjustment is needed to
split this property in the manner shown, with cross access
delineated on the Record of Survey for the interior parcel, unless
Western Deli is purchasing the entire site for later expansion.
Ms. Stiles commented that the site/architectural plan is an
attractive one and that the project will be a welcomed addition to
WESTERN DELI SHOPS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5
the City of Meridian.
15. That there was no other public testimony given.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the Applicant's property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
4. That 11-2-418 C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit is required by ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan and Zoning Ordinance allows
restaurants as a permitted use, but since the property is
WESTERN DELI SOPS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6
being developed under a planned development process, a
conditional use is required.
c. The use apparently would be designed and
constructed, to be harmonious in appearance with the
intended character of the general vicinity.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that would
be detrimental to person, property or the general welfare
by reason of excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use will be required.
i. The development and use will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That all Ordinances of the City of Meridian must be met,
including but not limited to, Sewer and Pre-Treatment Ordinances,
the Uniform Building Code, Uniform Fire Code, Uniform Plumbing
Code, Uniform Electrical Code, the Uniform Mechanical Code, the
Fire and Life Safety Code, all parking and landscaping
requirements.
6. That the comments of the Assistant to the City Engineer,
Planning and Zoning Director, City Police and Fire Departments,
Central District Health Department, Nampa-Meridian Irrigation
District, the Sewer Department, must be complied with.
WESTERN DELI SHOPS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED y
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law.
MOTION:
APPROVED DISAPPROVED:
WESTERN DELI SHOPS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 8
~ ORIGINAL
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
JACKSON'S FOOD STORES, INC.
CONDITIONAL USE PERMIT FOR DRIVE-TNRU WINDOW
LOT 11, MAGIC VIEW SUBDIVISION
MERIDIAN, IDAHO
FINDINOS OF FACT AND
The above entitled matter having come on for public hearing
October 10, 1995, at the hour of 7:30 o'clock p.m., on said date,
at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the
Applicant's representative, Dale Binning, appearing, the Planning
and Zoning Commission of the City of Meridian having duly
considered the evidence and the matter makes the following Findings
of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for October 10, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 10, 1995,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
2. That the property is located within the City of Meridian;
the property is described in the application which description is
incorporated herein; that the property is approximately 4.5 acres
JACKSON'S TRAVEL CENTER - DRIVE THROUGH
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1
in size.
3. That the property is zoned C-G, General Retail and
Service Commercial, which requires a conditional use permit for
drive through window.
4. That the General Retail and Service Commercial District
is described in the Zoning Ordinance, 11-2-408 B. 11. as follows:
j.C-G) General Retail and Service Commercial: The purpose
of the (C-G) District is to provide for commercial uses
which are customarily operated entirely or almost
entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto and
service oriented and are located in close proximity to
major highway or arterial streets; to fulfill the need of
travel-related services as well as retail sales for the
transient and permanent motoring public. All such
districts shall be connected to the Municipal Water and
Sewer systems of the City of Meridian, and shall not
constitute strip commercial development and encourage
clustering of commercial development.
5. That the use proposed by Applicant, a drive-in
establishment, is a specifically allowed conditional use in the
Zoning Schedule of Use Control, 11-2-409 B.
6. That the property is located on Eagle Road just North of
Interstate I-84; that immediately across Eagle Road is the new St.
Luke's Regional Medical Center.
7. That Jackson's Food Stores, Inc. is the record owner of
the above referenced property and has consented to the application
and has requested this conditional use and the application is not
at the request of the City of Meridian.
8. That the application is for locating two very small
satellite quick service restaurants within the existing Jackson's
JACKSON'S TRAVEL CENTER - DRIVE THROUGH
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2
travel center using a drive through window to service both
restaurants, which at this time looks to be like a Blimpies or Taco
Bell; that there is no food preparation and all the food is pre-
cooked and brought in; that this will extend the service counter
you find at Jackson's with the hot dogs and soft drinks.
9. That there was no public testimony given.
10. That the City Planning Director, City Police and Fire
Departments, Central District Health Department, Nampa-Meridian
Irrigation District and the Ada County Street Name Committee
submitted comments and they are incorporated herein as if set forth
in full.
11. That Planning and Zoning Administrator, Shari Stiles,
commented that a Certificate of Occupancy is required prior to
opening; that occupancy will be contingent upon meeting all zoning,
building code, public works, Fire Department and agency
regulations; that illumination shall be designed to not cause glare
or adversely impact neighboring residential areas; that perimeter
fencing shall be provided along the southern and western project
boundaries to contain debris and that temporary fencing should be
installed to contain construction debris; that speaker location is
not shown; that the system shall be designed to not be louder than
55 decibels at neighboring property line and that all signs shall
meet the Uniform Sign Code and City Ordinance.
12. That the Meridian City Fire Department commented that all
codes be met with water hydrants and water pressure requirements.
JACKSON'S TRAVEL CENTER - DRIVE THROUGH
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3
13. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the Applicant's property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
4. That 11-2-418 C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit is required by ordinance.
JACKSON'S TRAVEL CENTER - DRIVE THROUGH
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use.
c. The use apparently would be designed and
constructed, to be harmonious in appearance with the
intended character of the general vicinity.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property does not have sewer and water service
available at this time but it will have to be provided by
Applicant prior to opening.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that would
be detrimental to person, property or the general welfare
by reason of excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use will be required.
i. The development and use will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That all Ordinances of the City of Meridian must be met,
including but not limited to the Sewer and Water Ordinances, the
Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code,
Uniform Electrical Code, the Uniform Mechanical Code, the Fire and
Life Safety Code, all parking and landscaping requirements.
6. That the comments of the Planning and Zoning Director,
City Police and Fire Departments, Assistant to the City Engineer
and the Central District Health Department must be complied with.
JACKSON'S TRAVEL CENTER - DRIVE THROUGH
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5
APPROVAL OF FINDINGS OF FACT AND
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER REPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
DECISION AND
VOTED
VOTED ~I~
VOTED ~" /~J\
VOTED A,~1 ~
VOTED
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law.
MOTION:
APPROVED DISAPPROVED:
JACKSON'S TRAVEL CENTER - DRIVE TAROUGH
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6