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
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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
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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
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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
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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
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