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1988 12-13 A G E N D A MERIDIAN PLANNING & ZONING DECEMBER 13, 1988 ITEM: MINUTES OF THE PREVIOUS MEETING HELD NOVEMBEE2 7, 1988: (APPROVID) 1: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR TJN DEVETAPMENT, FAST FOOD RESTAURANT: (RECOMMIIVDID APPROVAL BY COUNCIL) MERIDIAN PIIINNING & ZONING DIIIt 13, 1988 Regular Meeting of the Meridian Planning & Zoning Cacrtnission called to order by Chairman Jim Johnson at 7:30 p.m.: Members Present: Mce Alidjani, Jim Shearer, Charles Rountree: Others Present: Tim Hepper, Wayne Crookston, Lee Stucker, Ken Marler, Loren & Gayla Ross, Arlen Gingrich, Tan Nunamzlcer The Motion was made by Alidjani and seconded by Rountree to approve the Minutes of the previous Meeting held November 7, 1988 as written: Motion Carried: All Yea: Itme #1: Public Hearing: Conditional Use Permit for TJN Development, Fast Food Restaurant: Chairman Johnson: Is there a representative of TJN Development present, if so would you cane forward and be sworn and advise the CatmLission about your project? Tan Nunamaker, 3831 Starlight, Meridian, Nunamaker was sworn by the City Attorney: Nunamaker: TJN Development is a partnership owned by my brother & myself, it owns the land and buildings of Burger King Restaurants, we also have a Corporation here in Idaho Snake River Foods, which owns the Burger King in Nampa, the TJN Corporation in California owns five Burger Kings in the Central Valley in California, I am here tonite to propose a Burger King Restaurant on Fairview Avenue in Meridian, there will be a drive thrvug$ the building will be approximately 2400 square feet, parking for approximately 50 cars, it would be typical of the Burger Kings that you would see here in the greater Boise Valley area, we would have approximately 40 to 50 employees, many of those would be part time. I would be glad to answer any question the Canmission might have. Chairman Johnson: Have you read the catmesits made by the different people? Nunamalcer: Yes, I have and I have no questions or problems with than: Chairman Johnson: The only thing we are not in receipt of is a letter that is on its way fran the Idaho Transportation Departrnent, they have jurisdiction over that highway. Nunamaker: I have talked to than a couple of times and they do not anticipate problem, there is three hundred feet of frontage, I showed than a drawing the same as you have seen, the in and out and also the drive-thru and they did not have any problem as that was presented of course that does not mean they are going to approve it but they said the way it appeared it would not present a problem. Chairman Johnson: Have you talked with+the Highway Depar-ianent with respect with the set- back requirements? Nunamaker: No, other than there is enough property there and it goes deep enough to meet setback requirements both for the building and for the landscaping and things like that. It would not be a problem. Chairman Johnson: Did you mention the approximate inside seating capacity? Nunamaker: This is not finalized and it is always open to change but between 70 & 80 seats. W ~ MERIDIAN P & Z • • DECEMBER 13, 1988 PAGE # 2 Chairman Johnson: I have no further questions, are there any more questions of the Commission?.There were none, I will open the Public Hearing, is there anyone from the public who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. Is there any discussion? Shearer: I notice in the Findings of Fact on Itan #1 of the Conclusions it talks about the consent of 75°s of the property vaners within 300 hundred feet, has that been handled? Chairman Johnson: The property is already zoned Commercial,so this was not necessary, this needs to be corrected in the Findings. The Motion was made by Alidjani and seconded by Shearer that the Planning & Zoning Coimussion hereby adopts and approves the Findings of Fact and Conclusions of Law as prepared by the City Attorney with the deletion of the last part of Conclusion #1 pertaining to the 75g of avners . Motion Carried: Roll Call Vote: Rountree, Yea: Shearer, Yea: Alidjani, Yea: Johnson,Yea: The Motion was made by Rountree and seconded by Shearer that the Planning & Zoning Commission of the City of Meridian hereby recarmiends to the City Council of the City of Meridian that the Ax~plication be approved subject to the requirements contained in the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: Being no further business to come before the Commission the Motion was made by Alidjani and seconded by Rountree to adjourn at 7:45 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: '~ ATTEST: `JIM JOHNSON, pc~ Mayor~cil P & Z s, Atty, Eng, Fire, Police Stuart, Ward, Hallett, Gass Stutzman, Valley News, Statesman ACHD, NMID, CDH, ACC, SID MAIL (1) FILE (1) BEFORE THE PLANNING AND ZONING COMMISSION CITY OF MERIDAIN T.J.N. DEVELOPMENT AM SROSE, FITZGERALD 6 OROOKSTON Atiwneye ND CounNbro P.O. SOZ/tT MeriCien, IEMo &TM2 Taleptgne BBBAMi CONDITIONAL USE PERMIT PRELIMIANARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing December 13, 1988, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Preliminary Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notices of the public hearings on the Conditional Use Permit were published for two t2) consecutive weeks prior to the public hearings scheduled for December 13, 1988, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 1988 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and is owned by Fearless Farris Wholesale Inc., and is described in the application which description is incorporated herein. 3. That the property is located in a "CG" General Retail and Service Commercial district, which requires a conditional use permit for the operation of drive-in service access which is the type of use the application requests; that the Applicant indicated his proposal is to have a drive-in restaurant; 4. That the "CG", General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (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 fro a review of the impact of propos- ed 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 motor- ing public. All such districts shall be connected to the Municipal C~Tater and Sewer Systems of the City of Meridian, and shall not constitute strip development and encourage clustering of commercial development. 5. That a drive-in restaurant is an allowed conditional use in the CG district. 6. That the property to the west is a commercial operation and the property to the east also a commercial operation; the property to the south is a mobile home park which is residential; the property to the north is across Fairview Avenue. 7. That all requirments before the Planning and Zoning AMSROSE, FITZGEPAID BCROOKSTON Attpnsys MM co~~..lun P.O. Sov t27 MM01etn, MMro 83x2 Tslepllorr 888N01 Commission have been met an complied with. 8. That the property is not within the jurisdiction of the the Ada County Highway District but is in the State of Idaho AMBROSE, F1T2GERALD 1 CROOKSTON Attorneys uW Gweselors P.O. Box 13] Msri0lsn, MYa Bt61t TehP11oM B!l~NB1 Department of Transportation's and the Applicant will be required to meet all of that Departments's requirements. 9. That the Central District Health Department did submit comments and crtieria and such are incorporated herein as if set forth in full. 10. That the City Engineer submitted comments and they are incorporated herein as if set forth in full. 11. That since these Findings are preliminary in nature and have been prepared prior to the hearing before the Commission they may have to be amended to consider any comments made at the public 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 within 300 feet of the external boundaries of the Applicant's property ate-having o~tairted--t#e--consent--af -ZSfl-- of--t~e-aw-Hers ofl~ property---wi-ti}irr---300--feet of --the-_-eater-na-l ~aundaries o~-the Awl ieant-LS-- pr-epe~ty; 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, Idaho; 3. That the City of Meridian has authority to place AMBROSE, FITZGERALD 6 CROOKSTON AROmeyc alM Counselon P.O. Boz 0E7 MM01an, IAello 8JM2 T~Iap11oMBBBJMI 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 Commission specifically 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 apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity such being a general retail and service commercial district. d. That the use would not be hazardous and would not be disturbing to existing neighboring uses. e. Sewer and water lines are available and connection thereto shall be required. ~~ ii • • AMBROSE, FIRGERAID B CROOKSTON ADwrroys uiG GDUnNIOn v.o. eo. uT MxWIN,Mtlro BJBII TslaWiona lBB~Nl1 f. The use would not create excessive additional requirements at public cost for public facilities and services and 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 and the use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the Application and the use should be subject to the comments and requirments submitted by the Central District Health Department and the City Engineer and shall be rquired to meet all ordinances of the City of Meridian and shll be subject to design review. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Rountree Commissioner Shearer Commissioner Alidjani Chairman Johnson Voted- Voted ~,~P -~ Voted Voted `',~ u- DECISION The Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council of the City of Meridian that the Apllication be approved subject to the requirments contained in these Findings of Fact and Conclusions of Law. MOTION APPROVED:~'~/~trf. DENIED: AMBROSE, FITZGERALO B CROOKSTON Attornsya antl ('qunNlon F.O. Box X27 MerItlIN,IONo iGM2 Tsl~p~on~iMNM1