Jack in the Box/Bodine Oil CUP0
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AMBROSE, FITZGERALD & CROOKSTON
ATTORNEYS AND COUNSELORS AT LAW
GRANT L AMBROSE (191SIW) TELEPHONE (M8) 886 1
JOHN O. FTI IGERALD, PA. 1$30 WEST STATE - P.O. BOX 427 FACSIMILE (NIS) Be&3
WAY E G. CROOKYPON, IR, PA-
WILLIAM
AWILLIAM J. SCHWARM
JOHN O. =GERALD H., PA. MERIDIAN, IDAHO 83680
THIS FIRM INCLUDES
PROFESSIONAL CORPORATIONS
January 6, 1993
MEMORANDUM
FROM: Wayne G. Crookston, Jr.
TO: Jack Niemann
SUBJECT: Jack-In-The-Box/Bodine Conditional Use Permit
I have reviewed the Memorandum of Understanding which you
received December 21, 1992, and which you gave to me on December
22, 1992. It is difficult to tell how this understanding affects
everybody involved since the Agreement is only between Bodine Oil
Company and Kowallis and Mackey Partnership. There is no
indication that this Memorandum of Understanding affects First
Security Bank or Payless Drug Store since they are not parties to
the Agreement. Nor is Foodmaker, Inc., the Jack-in-the-Box owner,
a party to this understanding.
Also, I do not have a copy of the amended and restated
Declaration which the Agreement purports to alter and amend.
I am not sure how much involvement the City needs to have
regarding the agreements between the parties as to how access and
egress are resolved. It would appear that the only thing that the
City would need to be involved in is in making sure that whatever
agreement is reached will provide sufficient and adequate movement
of traffic across the property, particularly on the roads
surrounding it.
Very truly yours,
k(-A
YV CROOKSTON, JR.
WGC/msg
0
billy ray strite
architect p.a. a.i.a.
NZ
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Attn: Jack Neiman
Dear Jack:
December 18, 1992
Re: Jack-in-the-Box
BRS Project No. 9263
Attached please review agreement between Bodine Oil and Kowallis,
as required by the City.
We believe this agreement finalizes those conditions placed upon
the Conditional Use and the issuance of a Building Permit could
ensue.
Please let me know if we are incorrect, or if you should have any
questions and/or clarifications.
We appreciate your assistance and look forward to commencing
construction.
BRS:cw
Encl.
cc: Bodine Oil -
Jack in th Bo
ten eighty seven west river • suite 160 • boise, Idaho 83702 • (208) 3364370
0 0
This Memorandum of Understanding is entered into effective
this 1st day of December, 1992, between BODINE OIL COMPANY, INC.
("Bodine") and KOWALLIS AND MACKEY PARTNERSHIP, an Idaho general
partnership ("Kowallis").
R 8 C I T A L S
1. Attached hereto is a site plan (Exhibit A) of a parcel of
property located in Meridian, Ada County, Idaho. The property is
bounded on the north by Fairview Avenue, on the west by First
Street, and on the east by 2-1/2 Street.
2. Kowallis is the owner of that portion of the property as
shown on Exhibit A ("Kowallis Parcel 1 and Parcel 20). PayLess
Drug Store is the owner of the parcel as shown on Exhibit A and
operates on such parcel a PayLess Drug Store ("PayLess Parcel").
Bodine is the owner of the three parcels shown on Exhibit A which
consist of the Bodine Oil Parcel, the FSS Parcel, and the J -I -B
Parcel. Bodine currently operates a car wash and gas station
operation on the Bodine Oil Parcel, leases the FSB Parcel to First
Security Bank, and currently anticipates leasing the J -I -B Parcel
to Jack-in-the-Box (Foodmaker, Inc.) for the operation of a fast
food restaurant. The legal descriptions for the various parcels
are attached as Schedules 1, 2, 3, 4, and 5. The purpose of this
Memorandum of Understanding is to memorialize certain
understandings reached by Bodine and Kowallis regarding their
respective parcels.
MEMORANDUM OF UNDERSTANDING - 1 of S
RCP/d, Bodin"/Agra wt 111493/3
0 9
U N D 8 R 8 T A N D I N 0
1. Apndment and Replacement of Declaration of Encumbrance.
Bodine and Kowallis hereby agree to amend and restate that certain
Declaration of Encumbrance, recorded as Ada County Instrument No.
7845538. The Declaration shall be Amended and Restated to be
consistent with this Memorandum of Understanding. In particular,
and without limiting the generality of the foregoing, Exhibit C of
the Declaration of Encumbrance will be modified to be consistent
with Exhibit A attached to this Memorandum of Understanding, the
retail food store and bakery restriction applicable to Parcel 2 as
described in Paragraph I(b), i.e., applicable to the parcels owned
by Bodine, shall be eliminated, and access and common parking areas
shall be consistent with Exhibit A attached to this Memorandum of
Understanding. The Amended and Restated Declaration shall provide
that all parties shall have the ability to relocate and reconfigure
the ingress/egress lanes and parking areas subject to reasonable
approval rights in favor of all parties.
It is understood that this agreement will remove most of the
existing common area from the FSB and J -I -B parcels and will cause
additional burdens on the Kowallis and Payless parcel common areas.
That a building not to exceed 3,000 square feet is intended to
be constructed on the J -I -B parcel together with certain parking
areas. A building of approximately 3,200 square feet (First
Security Bank) exists on the FSB parcel and it is contemplated that
said building may be enlarged to not exceed 4,000 square feet.
Kowallis has or will be supplied copies of proposed site plans of
said parcels indicating the location of the buildings and parking
areas.
MEMORANDUM OF UNDERSTANDING - 2 of 8
RCF/d. Bodine/Agre®mt 121493/3
0 0
No further changes in the parking areas or buildings will be
allowed if such would cause additional burdens on the common area
of the Kowallis and Payless parcels.
Exhibit "A" to the Amended Restated Declaration shall specify
that the maximum square feet of the J -I -B parcel for building
purposes shall not exceed 3,000 square feet and the maximum square
feet of the FSB parcel shall not exceed 4,000 square feet. Also
the "additional parking" east of the FSB parcel shall be
perpendicular.
The Amended and Restated Declaration shall further provide
that large truck parking shall be prohibited in all designated
ingress and egress lanes and in the perpendicular parking slots on
the Bodine Parcel directly north of Kowallis Parcel 1 and those
adjoining the FSB Parcel, designated "Additional Parking."
Overnight and long-term large truck parking shall also be
prohibited in other areas of the Bodine Oil Parcel and Kowallis
Parcel 1, except as necessary to service trucks and except as
needed for the Bodine Oil operations conducted on the Bodine Oil
Parcel. All parties shall have a right to enforce such "No Truck
Parking." Also, the Amended and Restated Declaration shall provide
that the parties cooperate with each other to prevent delivery
trucks from utilizing the ingress and egress access lanes on the
Kowallis and Payless parcels in order to gain access to the Bodine
Oil Parcel and rear of Kowallis Parcel 1 or the PayLess Parcel.
The perpendicular parking and sidewalk shown on the Bodine Oil
Parcel immediately north of Kowallis Parcel 1 shall be constructed
by the owner of the Kowallis Parcel 1 as and when deemed necessary
by the owner of Kowallis Parcel 1. The sidewalk and parking shall
MEMORANDUM OF UNDERSTANDING - 3 of 8
RCP/d, Rodlns/Agrew�t 131493/3
C
be constructed to ACHD/Meridian standards. There shall be a
nonexclusive easement over and across the sidewalk and parking area
for customers of businesses located on Kowallis Parcel 1.
Additionally, the owner of Kowallis Parcel 1 shall be responsible
for all liability that might result from use of the sidewalk and
parking area by the owner of Kowallis Parcel 1 and its agents and
invitees except any liability resulting from any acts of the owners
of the Bodine Parcel, its agents or invitees, and maintenance,
repair and replacement of the sidewalk. The owner of the Bodine
Oil Parcel shall be responsible for all maintenance, repairs and
replacement of the parking area.
The Amended and Restated Declaration shall also provide that
the owner of the Kowallis Parcel 1 may remodel the building located
thereon to provide pedestrian access to the north side of said
building in front of the parking area so long as done in compliance
with all applicable laws and regulations. Nothing herein is
intended to place any additional limitations or restrictions on the
Bodine Oil Parcel.
The Amended and Restated Declaration shall also provide that
so long as the J -I -B Pad is occupied the occupant of the J -I -B Pad
shall pay ten percent (10%) of the sweeping and snow removal
associated with the Kowallis/PayLess Parcels common area not to
exceed One Thousand Two Hundred and No/100 Dollars ($1,200.00) per
year increased by increases in the Consumer Price index after
December 31 each year. Additionally, so long as Jack-in-the-Box or
any other occupant of the J -I -S Parcel operates a business on the
J -I -B Pad, in the event an inordinate amount of wrappers, paper
cups and other identifiable Jack-in-the-Box or other applicable
MEMORANDUM OF UNDERSTANDING - 4 of 8
RCP/di Bodine/Agreement 121492/3
0 0
trash accumulates on the Kowallis/PayLess parking lot between
regularly scheduled sweepings, the operator of the business on the
J -I -B Pad shall be responsible for policing and picking up such
identifiable trash.
The Amended and Restated Declaration shall require that the
owners of all the parcels except PayLess Drug set out in Exhibit A
shall fence all trash enclosures located on these parcels. The
Amended and Restated Declaration shall provide that the owner of
the Bodine Oil Parcel shall have an easement for the maintenance
and operation of the parking lot lights that are currently existing
on the building located on Kowallis Parcel I. Such maintenance and
operation shall be conducted so as not to damage the building on
Kowallis Parcel 1 or unreasonably interfere with the business
conducted thereon.
Kowallis and Bodine understand and agree that the Amended and
Restated Declaration must be approved and in a form acceptable to
PayLess Drug Store, Jack-in-the-Box, and First Security Bank and
both Kowallis and Bodine shall cooperate in connection therewith.
In the event said approvals are not obtained, then this Agreement
to be void and of no further force or effect.
2, T-T_B Pad C=Itructioa. Bodine and Kowallis hereby agree
that during the construction of the Jack-in-the-Box restaurant,
and/or the construction of any other improvements on the J -I -B Pad,
no portion of the Kowallis/PayLess Parcels common areas shall be
used for construction storage or staging and that any damage done
to the common areas located on the Kowallis/PayLess parcels common
area shall be repaired and cleaned up by Bodine and/or the person
responsible for causing the damage or accumulation of trash or
other debris.
MEMORANDUM OF UNDERSTANDING - 5 of 8
ACF/d, 9odln*/A9r*mwt 121191/1
0 0
3. MMMEey Costs. Bodine shall be responsible for prepara-
tion of all surveys, if any, needed to describe the ingress/egress
lanes as shown on Exhibit A.
a. City nnroyal. Attached hereto as Exhibit B are the
Findings of Fact and Conclusions of Law of the Meridian City
Council in connection with the Jack-in-the-Box restaurant approval.
Kowallis hereby confirms Kowallis has no objection to the Jack-in-
the-Box restaurant proceeding as provided in the Findings of Fact
and Conclusions of Law and will cooperate with and assist as
necessary to allow Jack-in-the-Box to proceed.
S. consideration. In consideration for Kowallis executing
this Memorandum of Understanding and complying with the terms
hereof, the owner of the Bodine Parcels shall pay to Kowallis the
sum of Three Hundred and No/100 Dollars ($300.00) per calendar
month for a total of One Hundred Eighty (180) calendar months.
Such payment shall be abated during any time Bodine or any
subsequent owner is not receiving lease payments from the J -I -B
parcel. Any payments not made are to be attached to the end of the
180 -month period until Kowallis receives a total of 180 payments.
As security for payment of the $300.00 -per -month amount, Bodine or
any subsequent owner shall provide Kowallis with a partial
assignment for security purposes of lease proceeds from the J -I -B
Parcel as to any tenant occupying said space. The partial
assignment shall be delivered to Kowallis after the execution of a
lease applicable to the J -I -B Pad and shall be in a form acceptable
to the lessee of the J -I -B Pad.
IN WITNESS WHEREOF, the undersigned have executed this
Memorandum of Understanding effective the day and year first above
written.
MEMORANDUM OF UNDERSTANDING - 6 of 8
RCP/d, sedln*agr�wt 121492/3
0 0
BODINE OIL COMPANY
By:
Marvin R. Bodine
By:
Arlene Bodine
KOWALLIS AND MACKAY PARTNERSHIP,
an Idaho general partnership
B;7 _>
Douglas -Kowallis, a partner
MEMORANDUM OF UNDERSTANDING - 7 of 8
RCP/de Bodlnm/Agre wt 120792/2.
0 0
STATE OF IDAHO )
:ss.
County of Ada )
On this day of December, 199, before me, the
undersigned, notary public in and for said State, personally
appeared MARVIN R. BODINE and ARLENE BODINE, known to me to be the
President and Secretary respectively of BODINE
OIL COMPANY, the corporation whose name is subscribed to the within
and foregoing instrument, and acknowledged to me that they executed
the same on behalf of said corporation.
IN WITNESS WHEREOF,
official seal the day and
STATE OF IDAHO
:ss.
County of Ada )
have hereunto set my hand and affixed my
year first above written.
NOTARY PUBLIC for Idaho
Residing at Boise, Idaho
Commission expires:
On this fQ. u day of December
undersigned, notary public in and for
appeared DOUGLAS L. KOWALLIS, known to
KOWALLIS AND MACKAY PARTNERSHIP, an Idaho
partnership whose name is subscribed to
instrument, and acknowledged to me that
behalf of said partnership.
1992, before me, the
said State, personally
me to be a partner of
general partnership, the
the within and foregoing
he executed the same on
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year fi above written.
90'TJ&Y PUBLIC for Idaho
Residing at Boise, Idahq
Commission expires: Gl
MEMORANDUM OF UNDERSTANDING - 8 of 8
RCP/di Bodlnetmrw wt 121492/1
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MERIDIAN CITY COUNCIL
PAGE 4
The Motion was made by Tolsma and seconded by Giesler to approve
the preliminary plat conditioned upon their working with the
School District to establish a straight emergency issue and
transportation in and also to meet the Findings of Fact and
Conclusions of Law as prepared.
Motion Carried: All Yea:
ITEM #2: FINDINGS OF FACT b CONCLUSIONS OF LAW ON REQUEST FOR
CONDITIONAL USE PERMIT BY BODINE OIL 8 FOODMAKER, INC. FOR JACK -
IN -THE BOX:
The Motion was made by Tolsma and seconded by Corrie that the
Meridian City Council hereby adopts and approves these Findings
of Fact and Conclusions.
Giesler: In the decision it says that the application may be
reopened if there should be traffic problems. If we do have
traffic problems what do we do just take another look at that and
make some changes or?
Kingsford: As I looked at that I assumed that that dealt with
signage, possibly doing something different with the North curb.
Crookston: The intent of that is that there becomes a traffic
problem or signage problem, it is an attempt to keep it open for
further review.
Roll Call Vote: Yerrington - Yea; Corrie - Yea; Giesler - Yea;
Tolsma - Yea:
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Yerrington to
approve the decision as set forth in the Findings of Fact and
Conclusions of Law.
The Motion was withdrew and the second was withdrawn also.
The Motion was made by Giesler and seconded by Yerrington to
approve the decision set forth in the Findings of Fact and
Conclusions of Law as written with the condition that the City
receive a release from Smith's Food King or their succ=ssors for
the release of the parking lot.
Roll Call Vote: Corrie - Yea; Yerrington - Yea; Giesler - Yea;
Tolsma - Yea;
+ Carried: All Yea:
Mo -.on
MERIDIAN CITY COUNCIL.
PAGE 4
The Motion was made by Tolsma and seconded by Giesler to approve
the preliminary plat conditioned upon their working with the
School District to establish a straight emergency issue and
transportation in and also to meet the Findings of Fact and
Conclusions of Law as prepared.
Motion Carried: All Yea:
ITEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR
CONDITIONAL USE PERMIT BY BODINE OIL & FOODMAKER, INC. FOR JACK -
IN -THE BOX:
The Motion was made by Tolsma and seconded by Corrie that the
Meridian City Council hereby adopts and approves these Findings
of Fact and Conclusions.
Giesler: In the decision it says that the application may be
reopened if there should be traffic problems. If we do have
traffic problems what do we do just take another look at that and
make some changes or'
Kingsford: As I looked at that I assumed that that dealt with
signage, possibly doing something different with the North curb.
Crookston: The intent of that is that there becomes a traffic
problem or signage problem, it is an attempt to keep it open for
further review.
Roll Call Vote: Yerrington - Yea; Corrie - Yea; Giesler - Yea;
Tolsma - Yea:
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Yerrington to
approve the decision as set forth in the Findings of Fact and
Conclusions of Law.
The Motion was withdrew and the second was withdrawn also.
The Motion was made by Giesler and seconded by Yerrington to
approve the decision set forth in the Findings of Fact and
Conclusions of Law as written with the condition that the City
receive a release from Smith's Food King or their successors for
the release of the parking lot.
Roll Call Vote: Corrie - Yea; Yerrington - Yea; Giesler - 'lea:
Tolsma - Yea;
;+lotion Carried: All Yea:
BEFORE THE MERIDIAN CITY COUNCIL
BODINE OIL COMPANY & FOODMAKER, INC.
CONDITIONAL USE PERMIT
A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 7,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY
MERIDIAN, IDAHO
AMENDED FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
July 7, 1992, at the hour of 7:30 o'clock p.m., the Petitioner
appearing through Lance Saladay, the Meridian City Council 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 July 7, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the July 7, 1992, hearing;
that the public was given full opportunity to express comments and
submit evidence; that copies of all notices were available to
newspaper, radio and television stations;
AMBROSE,
FITZGERALD
ACROOKSTON
2. That this property is located within the City of
"'o���I
Meridian and is owned by the Applicant, Bodine Oil Company, and
P.O. Box
Mw
63 W�18W10 ME
is described in the application which description is incorporated
"'0"°'"°°°"°'
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
AMBROSE,
FITZGERALD
&CROOKSTON
ARaMy1 n d
CouRN1a1
P.O. Box 427
MMCMn, MMa
83842
*Mph 8004/61
0 0
herein; that the property is located in what is referred to as
the North Curve and is at the corner of East First Street and
Fairview Avenue; East First Street is adjacent on the west and
Fairview Avenue is adjacent to the property on the north; that
there is a traffic signal light at the intersection of East First
Street and Fairview Avenue which controls traffic in these
directions: 1. On Fairview proceeding west onto Cherry Lane and
south onto East First Street, 2. Traffic proceeding from Cherry
Lane east onto Fairview Avenue and south onto East First and
traffic on East First proceeding east on Fairview Avenue and west
on Cherry Lane; the traffic light does not control one lane of
traffic which may proceed north from East First without stopping
at the light and go east onto Fairview Avenue; this latter traffic
does not have to stop at the traffic light but may proceed around
the north curve pursuant to a yield sign and must yield to traffic
proceeding east from Cherry Lane onto Fairview Avenue; there are
a significant number of curb cuts and accesses to East First and
Fairview Avenue in the area of the subject property; the Payless
Drug Center and surrounding commercial property is adjacent on the
south and the subject property is accessible from the Payless Drug
Center parking lot; that there is significant traffic congestion
in the area of Payless Drug Center, the First Security Bank, and
Bodine Oil Company gas station and car wash.
3. That the ACHD indicated that there was no problem at the
intersection and that a stop sign would be inappropriate and
inadvisable; that there has been an agreement between First
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
AMBROSE.
FITZGERALD
&CROOKSTON
Coull..Ienon"I"
P.C. SOX 477
VA"I n. ki4la
88817
�NPIMrI48884401
•
Security Bank and the Applicants which should help solve the
traffic situation at the Bank, the Jack-in-the-Box and at the
intersection; that access to the restaurant will be primarily from
the curb cuts on East First Street; that those curb cuts would
also serve the Payless store and the old Falk's I.D. building.
Primary access would be on the northern most curb cut on East
First Street which would then run traffic into and across the
parking area to the Jack-in-the-Box and First Security Bank; it
will be essentially a joint driveway.
4. That First Security Bank's concerns have been dealt with
by an agreement between Bodine Oil Company and the bank; that the
entire area is to be landscaped, with the new design to
accommodate the bank; that the bank will be increasing it's
occupation to the west of it's existing location in sort of a zig-
zag curbed area.
5. That Fairview Avenue is listed in the Comprehensive Plan
of Meridian as a principal arterial and East First is listed as
a collector street; that the traffic on East First is enough so
that East First should be listed as a principal or minor arterial;
that there is a significant amount of traffic; that there was one
written comment admitted into the record objecting to the
conditional use due to the traffic already in the area.
6. That the property is zoned C -C Community Commercial,
which requires a conditional use permit for the operation of a
drive-in facility which the application requests; that the
proposed use is a Jack-in-the-Box restaurant with a drive-in food
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
AMBROBE,
PRiOERALD
&CROOKSTON
ARa wiewid
Oo Mws
P.O. Bot 4"
MM ISM'MMo
/1/U
vlgph M086/461
service window.
•
7. That the C -C Community Commercial is described in the
Zoning Ordinance, 11-2-408 B. 7 as follows:
(C -C) COMMUNITY BUSINESS DISTRICT: The purpose of the
(i--ff istr c s o permitt t�eslablishment 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.
8. That the use proposed by Applicant is an allowed
conditional use in the C -C district pursuant to 11-2-409 B., but
does require a conditional use permit pursuant to 11-2-409 B.,
Drive-in Establishments.
9. That other property in the area is used commercially;
that there is one other establishment across East First Street
that is a drive-in restaurant and has a drive-in food service
window; that the present use of property is vacant ground but is
used frequently for political signs, Christmas tree sales, and
other miscellaneous purposes.
10. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed.
11. That sewer and water is available to the property.
CONCLUSIONS
1. That all the procedural requirements of the Local
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
AMBROSE,
FTMERALD
&CROOKSTON
AltomepwA
Counwbn
P.O.9=421
MMWW, WOio
43642
IN.6, MB4*1
0 0
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 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
uw
0 •
vicinity.
d. That the traffic plan for the parking
lot and the Jack-in-the-Box likely will
resolve the traffic problems; this traffic
problem should be continuously reviewed; the
use would not necessarily be disturbing to
existing or future neighboring uses.
e. The property has sewer and water service
available.
f. The use should not create excessive
additional requirements at public cost for
public facilities and services unless the
traffic problem must be resolved at the
public expense, and the use would not be
detrimental to the economic welfare of the
community.
g. The use should not involve a use,
activity, process, material, equipment or
conditions of operation that would be
detrimental to person, property or the
general welfare if the traffic plan and
agreements are carried out and performed.
h. That sufficient parking for the property and
the proposed use will be 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 Ada
County Highway District, Nampa & Meridian Irrigation District and
other governmental agencies must be met and complied with.
6. That it is concluded that the traffic problem in this
north curve area where the property is located and the development
of the proposed use should be resolved, however, if it is not and
traffic problems arise or continue this conditional use permit may
be re -opened for a new resolution.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6
AMBROBE.
FRZOERALO
&CROOKSTON
AllwneyeeAO
Cw "kn
P.O. Box 427
MwMW, Ww
WQ
emph"SNdeSt
0 •
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN CORRIE VOTED
COUNCILMAN YERRINGTON VOTED
COUNCILMAN GIESLER VOTED
COUNCILMAN TOLSMA VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
DECISION
The Meridian City Council hereby decides that the application
for approved Conditional Use Permit requested by the Applicant
for the property described in the application is approved based
upon the traffic plan proposed and the agreements reached between
Applicant and First Security Bank; that if the proposed traffic
plans and agreements do not cure the possible traffic problems,
this application may be re -opened; that the property shall be
required to meet the water and sewer requirements, the fire and
life safety codes, and the Uniform Building Code, and other
Ordinances of the City of Meridian and be subject to site planning
review.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 7
AMBROSE,
FITZGERALD
B CROOKSTON
ARome,s wd
Coonwlon
P.O. Box 427
Merl0len, KIYio
87842
Tewphone8884481
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the City
Council of the City of Meridian will hold a public hearing at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 o'clock p.m., on July 7, 1992, for the purpose of
considering and taking action on the Application of BODINE OIL
COMPANY/FOODMAKER, INC., for a conditional use permit to operate
a drive-through restaurant known as JACK IN THE BOX, which property
is generally located at the SE corner of East First Street on
Fairview Avenue directly West of the existing First Security Bank,
Meridian, Ada County, Idaho, and is generally described as a parcel
of land being a portion of the NW 1/4 of the NW 1/4 of Section 7,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho.
A more particular legal description is on file at the City Clerk's
office and is available for inspection.
Public comment is welcome and will be heard and considered.
DATED this,//')J� day of June, 1992.
•
MERIDIAN CITY COUNCIL
JULY 7, 1992
PACE 12
ITEM #4: PUBLIC HEARING: REDUEST FOR CONDITIONAL USE PERMIT DY
BODINE OIL 3 FCODMAKER, INC. FOR DRIVE-IN RESTAURANT (JACK-IN-
THE-BCX):
KirgEford: I will open the Public Hearing and invite the
representative to speak first.
Lance Saladay, Attorney for Bodine Oil, 407 W. Jefferson, Boise,
was sworn by the attorney.
Saladay: Presented project drawings to Council. The proposal is
to construct a Jack -In -The -Dox Restaurant at Fairview and East
First Street here in Meridian. The location would be immediately
west of the existing First Security Bank building on that same
intersection. All utilities are available on site. My
understanding is that the Planning and Zoning's main concern was
with the traffic situation out there at that intersection.
Planning and Zoning requested that the two parties here tonight
work towards a solution of that traffic concern. We've
approached ACHD who has jurisdiction out there, and recommended a
stop sign at the flying Y portion of the intersection. ACHD has
indicated that in their opinion there is no problem at that
intersection and a stop sign would be inappropriate and
inadvisable. As a result we are not able to deal with that
traffic concern. At this point and time we have exhausted all
alternatives in terms of attempting to resolve that traffic
problem given ACHD's contention or belief that there is simply no
problem in that area. We have also addressed some concerns with.
First Security Bank. 1 believe you received a letter from First
Security stating their concerns. We have reached an agreement
with First Security. The entire area is to be landscaped. With
the new design and in an effort to accommodate the bank's desires
to increase their lease hold property, the hank will be
increasing it's occupation to the west of it's existing location
in sort of a zig-zag curbed area. Explained on drawing the
design and bank property.
Kingsford: I understand that one is forth coming but the only
one that we have is from June 24th. We have nut received another
one.
Saladay: 1 do have, in my possession, a letter from them
indicating their agreement to this layout and '_'d be more than
happy to make a copy available.
0 0
M`=RID:AN CI`Y COUN_IL
TULY 7, :992
PAC= i -I
Kingsford: The other concern I had is back in 1984 on behalf of
the iodine's I wrote a letter to Smith's Food King, at that time,
Green Acres Property with regard to getting something done on
that corner because it is just dirt and gravel. They said at
that time their condition was that it only be paved for parking
and that they did not want to see anything but that. Has that
been resclved?
Saladay: That is in the process. They have now sold that
property very recently to Doug Kowai'_is and a partner of his who
intend to do some knew development. We have worked with them and
we are in the process of trying to finalize an agreement. What
we need to work out are some very minor things.
Giesler: Asked that Mr. Saladay come up and show the access and
exit points.
Saladay: Access to the restaurant will be primarily to the curb
cuts on E. First Street, those curb cuts would also serve the
Payless stores and the old Falk's I.D. building. Primary access
would be on the northern most curb cut which would then run
traffic into and across the parking area somewhat to the Jack-in-
the-Box - First Security Dank, it will be essentially a joint
driveway. Explained further on the map presented.
.:4ngsford: Thank you. Anyone else to testify? No response. I
c_„se the pub:.c hearing. Mr. Crookston, do you think we
have new findings'
Crookston: No, but I think the traffic suggestions do.
The Motion was made by Tolsma and seconded by Giesler to have the
City Attorney amend the Findings of Fact and Conclusions of Law
referencing the new testimony.
Motion Carried: All Yea:
ITEM n5: PUSLIC NEARING: RE'JUEST FCR ANNEXATION 3 ZON:NS
W/CCNDITIONAL USE PERMIT FOR PUD BY CAPITAL CHRISTIAN CENTER:
<ingsford: At this time I will open the public hearing and
Invite the representative to come forward.
Dav:d _ceder•, Parkway Drive, Doise, was sworn by the
0 0
MERIDIAN PLANNING & ZONING JUNE 9. 1992
The Regular Meeting of the Meridian Planning and Zoning
Commission was called to order by Chairman Jim Johnson at 7:30
P.M.-
Members
.M.:Members Present: Moe Alidjani, Tim Hepper, Jim Shearer, Charlie
Rountree:
Others Present: Annette Alonzo, Rod Trumbull, Dan Byran, Karin
L. Hagan, Chuck Fuller, Norman Fuller, Ralph Shoemaker, Dennis M.
Baker, J. Connally, Rex Harrison, Karen Engelund, Carter
Engelund, George & Mildred Davis, Larry Bertetto, Jerry Pollard,
Michele Gamblin, Wayne Crookston, Dan Richard, Angela Richard,
Joan Cavanaugh, Dan Bradley, Don Hubble, Albert Chastain, Arlene
Travis, .
1
MINUTES OF THE PREVIOUS MEETING HELD MAY 12, 1992:
The Motion was made by Alidjani and seconded by Rountree to
approve the minutes of the previous meeting held May 12, 1992 as
written:
Motion Carried: All Yea:
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR
CONDITIONAL USE PERMIT BY BODINE OIL AND FOODMAKER INC. FOR A
DRIVE-IN RESTAURANT:
Johnson: Anybody have any comments or discussion?
Alidjani: What did we do with that curb cut in front of First
Security?
Johnson: All we have done in that respect is to put in a
condition about solving the traffic problem without getting
specific as to how we are going to do that.
The Motion was made by Rountree and seconded by Alidjani that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that 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 if the Applicant can
propose, and the
MERIDIAN PLANNING & ZONING
JUNE 9, 1992
PAGE 2
City can agree on such proposal, a solution to the traffic
problem and congestion on the streets adjacent to the proposed
use and in the parking lot adjacent thereto and that the approval
be subject to the conditions set forth in the Findings of Fact
and Conclusions of Law and that the property be required to meet
the water and sewer requirements, the fire and life safety codes,
and the Uniform Building Code, and other Ordinances of the City
of Meridian and be subject to site planning review.
Motion Carried: All Yea:
ITEM t2: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ANNEXATION
AND ZONING WITH CONDITIONAL USE PERMIT FOR PUD GENERAL REQUEST BY
CAPITAL CHRISTIAN CENTER:
Johnson: Any discussion? No response.
The Motion was made by Alidjani and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper — Yea; Rountree — Yea; Shearer — Yea;
Alidjani — Yea;
Motion Carried: All Yea:
The Motion was made by Alidjani and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the
Annexation and Zoning requested by the Applicant for the property
described in the application and approve the conditional use
permit for a planned unit development with the conditions set
forth in the Findings of Fact and Conclusions of Law and that the
Applicants apply for a variance if it desires not to have to tile
all ditches and waterways as a condition of annexation and that
the Applicants meet all of the Ordinances of the City of
Meridian, specifically including the development time
requirements.
Motion Carried: All Yea:
ITEM #3: PUBLIC HERRING: REQUEST FOR A CONDITIONAL USE PERMIT
FOR A USED CAR AND TRUCK LOT AT 12 EAST ADA FOR BETTY CAVANAUGH:
Johnson: I will now open the Public Hearing. Is there a
representative present?
Joan Cavanaugh, 745 S. Blackcat Rd., Meridian, was sworn by the
attorney.
AMBROSE,
FITZOERALD
1 CROOKSTON
couneelm
P.O.9M427
116116. ,Mdw
83
TYWPN" 8164461
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BODINE OIL COMPANY & FOODMAKER, INC.
CONDITIONAL USE PERMIT
A PORTION OF THE NW 114 OF THE NW 114 OF SECTION 7,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
May 12, 1992, at the hour of 5:30 o'clock p.m., the Petitioner
appearing through Clint Yaka, 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 May 12, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the May 12, 1992, hearing;
that the public was given full opportunity to express comments and
submit evidence; that copies of all notices were available to
newspaper, radio and television stations;
2. That this property is located within the City of
1
Meridian and is owned by the Applicant, Bodine Oil Company, and
is described in the application which description is incorporated
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
AMBROSE,
FITMERALD
I CROOKSTON
Man lewd
Caonllbn
P.O. SM 137
MaMW1, M1oo
03642
TehOo 8161161
herein; that the property is located in what is referred to as
the North Curve and is at the corner of East First Street and
Fairview Avenue; East First Street is adjacent on the west and
Fairview Avenue is adjacent to the property on the north; that
there is a traffic signal light at the intersection of East First
Street and Fairview Avenue which controls traffic in these
directions: 1. On Fairview proceeding west onto Cherry Lane and
south on to East First Street, 2. Traffic proceeding from Cherry
Lane east onto Fairview Avenue and south onto East First and
traffic on East First proceeding east on Fairview Avenue and west
on Cherry Lane; the traffic light does not control one lane of
traffic which may proceed north onto East First without stopping
at the light and go onto Fairview Avenue; this latter traffic does
not have to stop at the traffic light but may proceed around the
north curve pursuant to a yield sign and must yield to traffic
proceeding east from Cherry Lane onto Fairview Avenue; there are
a significant number of curb cuts and accesses to East First and
Fairview Avenue in the area of the subject property; the Payless
Drug Center and surrounding commercial property is adjacent on the
south and the subject property is accessible from the Payless Drug
Center parking lot; that there is significant traffic congestion
in the area of Payless Drug Center, the First Security Bank, and
Bodine Oil Company gas station and car wash.
3. That the Meridian Police Department commented that by
increasing traffic that enters Fairview Avenue from First Security
Bank additional problems are foreseen; that the City Engineer
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
AMBROSE,
Ff ZOERALO
&CROOKSTON
Attme BMW
Coun"Im
P.O. Bow 427
MWk n kMW
03542
T*%Ph n 8884401
0 0
commented that he recommended that the traffic from the proposed
drive-in not be allowed to utilize the curb cut existing from the
First Security Bank onto Fairview Avenue and that a merging
traffic problem exists from Fairview Avenue east -bound and the
north curve east bound.
4. That Fairview Avenue is listed in the Comprehensive Plan
of Meridian as a principal arterial and East First is listed as
a collector street; that the traffic on East First is enough so
that East First should be listed as a principal or minor arterial;
that there is a significant amount of traffic; that there was one
written comment admitted into the record objecting to the
conditional use due to the traffic already in the area.
5. That the property is zoned C -C Community Commercial,
which requires a conditional use permit for the operation of a
drive-in facility which the application requests; that the
proposed use is a Jack-in-the-Box restaurant with a drive-in food
service window.
6. That the C -C Community Commercial is described in the
Zoning Ordinance, 11-2-408 B. 7 as follows:
(C -C) COMMUNITY BUSINESS DISTRICT: The purpose of the
(r_-TTis6' Trice Is to permit theestablishment 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 accelss to a transportation arterial and collector
and be connected to the Municipal Water and Sewer
systems of the City of Meridian.
7. That the use proposed by Applicant is an allowed
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
6 CROOKSTON
AHamgn WW
C"4691 n
P.O. Box ♦37
Bxu
TOWSl64461
0 •
conditional use in the C -C district pursuant to 11-2-409 B., but
does require a conditional use permit pursuant to 11-2-409 B.,
Drive-in Establishments.
8. That other property in the area is used commercially;
that there is one other establishment across East First Street
that is a drive-in restaurant and has drive-in food service
window; that the present use of property is vacant ground but is
used frequently for political signs, Christmas tree sales, and
other miscellaneous purposes.
9. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed.
10. That sewer and water is available to the property.
11. That the City Engineer submitted comments and they are
incorporated herein as if set forth in full herein.
12. That the Ada County Highway District (ACRD) submitted
comments and they are incorporated herein as if set forth in full
herein.
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 bhe City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
0 0
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 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.
d. That the use could be hazardous, and
likely would be hazardous, due to traffic
unless some traffic plan and design is put
AMBROSE,
forth and agreed on, but the use would not
FnWEMLD
necessarily be disturbing to existing or
dOROOKMH
futurelneighboring uses.
ooun90 "
e. The property has sewer and water service
P.O. Box 4V
MWWW'M"
available.
Ina
TNWplwi 88"*,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
AMBROSE,
FITZGERALD
i CROOKSTON
AIWMyt and
CounNlma
P.O.Bw 427
MNWMq MYw
Butt
r.1.PlwMeesttel
0 0
f. The use should not create excessive
additional requirements at public cost for
public facilities and services unless the
traffic problem must be resolved at the
public expense, and the use would not be
detrimental to the economic welfare of the
community.
g. The use may 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.
h. That sufficient parking for the property
and the proposed use will be 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 Ada
County Highway District, Nampa & Meridian Irrigation District and
other governmental agencies must be met and complied with.
6. That it is concluded that there is a traffic problem in
this north curve area where the property is located and the
development of the proposed use would only exacerbate that
condition; that it is concluded that if the Applicant can propose
a solution to the traffic problem this Application could be
approved.
n
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6
IAMBROSE,
FITZGERALD
i CROOKSTON
ARaMTs m6
OWMNOH
P.O. BOK 427
McMlon, lOMa
836.2
TNepwro se"01
0 •
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 VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
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 if the Applicant can propose, and the
City can agree on such proposal, a solution to the traffic problem
and congestion on the streets adjacent to the proposed use and in
the parking lots adjacent thereto and that the approval be subject
to the conditions set forth in the Findings of Fact and
Conclusions of Law and that the property be required to meet the
water and sewer requirements, the fire and life safety codes, and
the Uniform Building Code, and other Ordinances of the City of
Meridian and be subject to site planning review.
MOTION: I
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 7
MERIDIAN PLANNING & ZONING
MAY 12, 1992
PAGE 9
ITEM #7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY
BODINE OIL b FOODMAKER INC. FOR A DRIVE-IN RESTAURANT:
Johnson: I will open the. Public Hearing. Is there a
representative present?
Hepper: Stepped down due to a conflict of interest.
Glen Yaka, 1087 W. - - , was sworn by the attorney.
Yaka: What I submitted to the commission was a enlarged site
plan and the other enlarged plan shows the total development,
existing development around it.
Rountree: Where is the main entrance into the drive-in?
Yaka: The drive-thru is facing First Street, the main entry is
facing the bank or to the east.
Rountree: How would you propose to eliminate the bumper car
effect that you are going to have with people trying to make a
left off of Fairview and hit one of three curb cuts and try to
get to that building. Do you have a parking lot lay out? What's
there now is not good.
Yaka: We could block that off but the bank wouldn't like that.
Rountree: Would there be some way to put some kind of a
barricade from their northwest corner to that free running right
lane off First onto Fairview to eliminate at least that cross
over to try to hit the drive-in window lane?
Yaka: We could do that but we'd still have to have the approval
from the bank. The majority of the traffic would be going south
anyway.
Johnson: What is the distance between the existing banks parking
lot on the west side of the building and your line of cars that
would be circled there for the drive-in?
Yaka: I would say that the drive between the two parking lanes
would be around 247.
MERIDIAN PLANNING & ZONING
MAY 12, 1992
PAGE 10
Johnson: I know how people come in and out of that bank parking
lot right now, they are swinging clear out in and then driving
across the paved area, this is dirt here, and they are parking
along here like this, when those people are backing out either
going north or south how much space do you have there between
what would be a line of cars waiting to place their order?
Yaka: 28'.
Discussion. (See tape)
Johnson: Did you have any discussion with the City Engineer
concerning his 3rd comment as to what he had in mind?
Yaka: No I have not. It wouldn't affect the operation of the
project if it were blocked.
Johnson: I think the concern with those who are really familiar
with this is that that's the problem area.
Also for the record we have received a letter stating objection
to this request from Bert Myers basically expressing concern
about the traffic and congestion at that corner.
Rountree: I don't hear any reasonable solutions on their part,
willingness to try to negotiate or try to do something in terms
of traffic and I think it's going to be a problem.
Crookston: I thought when you started speaking you stated the
bank owned the property, did I misunderstand that?
Yaka: It's my understanding, I don't really know if they do or
not.
Johnson: Anyone else to testify? No response. I will close the
Public Hearing.
The Motion was made by Shearer and seconded by Rountree to have
attorney prepare Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Alidjani that we
pass on to the City Council a favorable recommendation provided
that a reasonable solution can be developed to address the
traffic conflicts.
Motion Carried: All Yea:
0 0
CONDITIONAL USE PERMIT
JACK IN THE BOX
RESTUARANP
COMMENTS
1: ADA COUN'T'Y HIGHWAY DIST: SEE ATTACHED COMMENTS:
2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER:
3: NAMPA MERIDIAN IRRIGATION: DRAINAGE MUST BE RETAINED ON SITE:
4: CITY ENGINEER: SEE ATTACHED COMMENTS:
5: SEWER DEPT: SEWER AVAILABLE AT EAST END OF FIRST SECURITY BANK PROPERTY:
6: FIRE DEPT: DO NOT HAVE A PROBLEM WITH THIS REQUEST:
7: POLICE DEPT: BY INCREASING THAT ENTERS FAIRVIEW FROM FIRST SECURITY BANK
WE CAN FORSEE PROBLEMS:
8. PUBLIC HEARING HELD BEFORE THE PLANNING & ZONING COMMISSION ON MAY 12,
1992, FINDING TO BE PREPARED.
9. AT THE PLANNING & ZONING MEETING HELD JUNE 9, 1992, COMMISSION APPROVED
THE FINDINGS OF FACT & CONCLUSIONS AND RECOMMENDED THAT THIS REQUEST BE
APPROVED IF THE APPLICANT CAN PROPOSE AND THE CITY AGREE ON SUCH A
PROPSAL, A SOLUTION TO THE TRAFFIC PROBLEM AND CONGESTION ON THE
STREETS ADJACENT TO THE PROPOSED USE AND IN THE PARKING LOTS ADJACENT
THERETO: (COPY OF FINDINGS ATTACHED)
10: LETTER FROM ATTORNEY FOR FIRST SECURITY BANK ATTACHED:
11: ZONING ADMINSTRATOR: BACK IN 1984, MAYOR KINGSFORD HAD SOME CORRESPONDENCE
ON THIS PROPERTY REGARDING AN EMCUMBERANCE THAT WAS PLACED ON IT AT THE
TIME THE SHOPPING CENTER WAS CONSTRUCTED (SEE ATTACHED), HAVE NEVER
RECEIVED ANY WORD WHTHER THIS HAS BEEN RELEASED:
05/08/92 09:11 4208 345 7850 ACHD 0009/011
a ft
ADA COUNTY HIGHWAY DISTRICT
�.aMOMp087t4
Inter -Department
Correspondence
Tee Ada County Highway District Commission
Dodos April 29, 1992
r11-01121 Development Services
e4oefineb MERIDIAN - CU FAIRVIEW / EAST IST DRIVE -UP RESTAURANT
(Billy Bay Strite, 1087 W River, Boise ID 85702 - 886-8372)
FACTS & FINDINGS:
1. Bodine Oil Co.iFoodmaker Inc. ars requesting conditional
approval
to construct a drive -up restaurant on property bested at the s
corner of Fairview and East 1st, in A oommorolal zona.
2. Fairview/Fast lot have adequate right-of-way are are fully improved -
s. This project will take access through the existing internal parking lot
system.
The following requirements are provided to Meridian Planning & Zoning as
conditions for approval.
STANDARD REQUIREMENTS:
1. A right-of-way permit must be obtained from ACHD for any street or
utility construction within the public right-of-way. Utility cuts should
be combined where practical to limit pavement damage. Contact Con-
atruction Services at 345-7867 (with zoning file number) for dstalls.
STAFF SUBMITTING:
Stu Rich
Mwvkv=AN•rAi/saW1`1@C1Hl a—o7—Ya
DATE OF COMMISSION APPROVAL:
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RAY, QUINNEY & NEBEKER o�A ��e
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PROFESSIONAL CORPORATION �
ATTORNEYS AT LAW {/P _ ` 400 DESERET BUILDING
ALONZO W. WATSON, JR,
DOUGLAS MATSUMORI
STEPHEN B. NEBEKER
ROBERT P. HILL
HERSCHEL J. SAPERSTEIN
RICHARD G. ALLEN
MITCHELL MELICH
ANTHONY W. SCHOFIELD
000B. ALLEN
ALLEN L. ORR
MERLIN O. BAKER
BRAD D. HARDY
CLARK P. GILES
BRIAN E. KATZ
ROBERT M. GRAHAM
A. ROSERTTMORUP
NARRVEL E. HALL
JOHN P. HARRINGTON
JAMES L. WILDE
BRENT W. TODD
HERBERT G LIVSET
URRYG MOORE
WILLIAM A. MARSHALL
DALE M. OKERLUND
JAMES Z. DAVIS
BRUCE L. OLSON
PAUL S. FELT
JOHN A. ADAMS
O. JAY CURTIS
DOUGLAS M. MONSON
GERALD T. SNOW
CRAIG CARLILE
AN A ENKE
STEVEN W. HARRIS
WESTON L HARRIS
RICHARD H. CASPER
JONATHAN A DIBBLE
JAMES M.DESTER
SCOTT N. CLARK
DEE R. CHAMBERS
STEVEN H. GUNN
KEVIN G. GLADE
JAMES S. JARDINE
JEFFREY D, EISENBERG
ALLAN T. BRINKERHOFF
LESTER K. ESSIG
JANET HUGIE SMITH
IRA B. RUBINFELD
Meridian City Council
33 East Idaho Avenue
Meridian, Idaho 83642
Gentlemen:
NO
J� 79 P'OT BOX 45385H MAIN EET
SOYDA FERGUSON `,
STEVEN T. WATERMAN 1 T LAKE CITY, UTAH 84145-0385
STEPHEN c nNGEY 0 `1 � TELEPHONE (801) 532-1500
CRAIG L. TwnoR ` FACSIMILE NO. 18011532-7543
KELLY J. FLINT
JOHN R, MIN 1
JSTEVEN OHNRri
J.AEscHBwcHE ,/ O FIRST SECURITY BANK BLDG.
KEITH A. KELLY ` /92 NORTH UNIVERSITY AVENUE
RICK L. HOSE
14
RICK PROVO, UTAH 84601-4420
RICK 8, HOGwRD TELEPHONE 18011 226-7210
LIBRA. rE AGEN Ce FACSIMILE NO. 18011 375-6379
BRENTSCOTT w.
DWRIDE
MICHAEL E. BLUE
CAMERON
OCK
ELAINE wMONSON
STLVIA (ANNU�I
"TIE ECCLES
JARED
M. HARRIS
GEORGE B. ACONGONDAI{IS
DAVID A CVTT
June 24, 1992
1020 FIRST SECURITY BANK BLDG.
2404 WASHINGTON BOULEVARD
OGDEN. UTAH 84401-2306
TELEPHONE (801) 621-0713
FACSIMILE NO. 18011 392 -6068 -
OF
M. JOHN
KENT DOCK E /
J
X,
Re:
Re: Application of Bodine for the Jack-in-the-Box
We represent First Security Bank of Idaho, N. A.
It has come to our attention that an application has
been filed with the City of Meridian for the construction of a
Jack-in-the-Box restaurant at the corner of East First Street and
Fairview Avenue in Meridian. We are the tenant of Bodine Oil
with a branch bank located immediately to the south of the
proposed restaurant.
Because of provisions in our lease agreement with Mr.
Bodine, he will need the permission of the Bank for the erection
of the restaurant facility. There has been an ongoing dialogue
between the Bank and Mr. Bodine to address the Bank's concerns
which would be created by increased traffic due to the drive
through facility and the general ingress and egress of the
customers of the restaurant. In addition, the Bank has raised
concerns with the parking for its customers verses parking for
the restaurant. While we do not view the problems as
insurmountable, we still, nevertheless, have not given our formal
permission to Mr. Bodine to commence the project. We believe
0 0
Meridian City Council
June 24, 1992
Page 2
that this matter could be resolved by designing a building
accommodating the site, instead of forcing the site to
accommodate an inappropriate design. Also, we believe that the
traffic concerns raised by the Planning Commission could be
resolved by limiting ingress and egress to First Street instead
of allowing people to cross Fairview Avenue and entering from the
east.
We felt a need to contact the City to explain our
position because we were contacted yesterday by the Idaho Power
Company which was seeking permission to install electrical lines
to the restaurant site. We had assumed that no permits had been
issued by the City for construction or preliminary work. A
telephone call to Mr. Lance Salladay (Mr. Bodine's counsel),
confirmed that assumption.
If you have any questions, please feel free to contact
US. Thank you for your consideration.
Very truly yours,
RA QUII/NNN'EY & NEBEKER
T L
Alan A. En e
AAE/ vh . a54o
cc: George S. Nicolatus
Lloyd Duncan.
Bernice Tisdale
Rich Maraffio
Lance Salladay
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fENTRAL DISTRICT HEALTH DEPARTMEN00
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Return to:
_ Boise
Rezone # Eagle
f/ Conditional Use # Ori/N� Oi L �orP/+�✓Y +'pa�nR�crt.4. rr'c—_Meridian
Preliminary/Final/Short Plat _ Kuno
W 4-l.. R uX _ AC7
1. We have no objections to this proposal.
2. We recommend denial of this proposal.
3. _ Specific knowledge as to the exact type of use must be provided before we can camnent on
this proposal.
4. _ We will require more data concerning soil conditions on this proposal before we can comment.
5, _ We will require more data concerning the depth of (high seasonal ground water)(solid lava)
from original grade before we can comment concerning individual sewage disposal.
6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
7, X' We can approve this proposal for:
_Central sewage Interim sewage Individual sewage _ Camunity sewage system
and Central water Individual water _ Community water well.
8, f Plans for VtCentral sewage CaRnnnity sewage system Sewage dry lines, and
JCentral water _Cammmity water must be submitted to and approved by the Regional
Health and Welfare Enviromental Services Field Office.
9. 4- Street runoff is not to create a mosquito breeding problem.
10. _ This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
11. _ If restroom facilities are to be installed then a sewage system 4-67 be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage
establishment)(swinming pools or spas)(grorery store).
13.
DateReviewed by
0 f
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the Planning
and Zoning Commission of the City of Meridian will hold a public
hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, at the hour of 7:30 o'clock p.m., on May 12, 1992, for the
purpose of considering and taking action on the Application of
BODINE OIL COMPANY/FOODMAKER, INC., for a conditional use permit
to operate a drive-through restaurant known as JACK IN THE BOX,
which property is generally located at the SE corner of East First
Street on Fairview Avenue directly West of the existing First
Security Bank, Meridian, Ada County, Idaho, and is generally
described as a parcel of land being a portion of the NW 1/4 of the
NW 1/4 of Section 7, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho. A more particular legal description
is on file at the City Clerk's office and is available for
inspection.
Public comment is welcome and will be heard and considered.
DATED this.�� day of April, 1992.
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Maddlen, Idaho
BBBsB
Telephone BBB44/1
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billy ray strite
80 architect p.a. a.i.a.
ma
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83542
Attention: Jack Niemann
Dear Mr. Niemann:
April 14, 1992
Re: Jack -In -The -Box
Southeast Corner East First
& Fairview Ave
Meridian, Id.
Pursuant to our discussion the Applicant, Bodine oil Company and
Foodmaker Inc., respectfully request Conditional Use approval to
construct a drive-thru restaurant.
The site is located on the southeast corner of East First and
Fairview Avenue, directly west of the existing First Security
Bank. (Legal description attached)
This Bodine Oil Company site is zoned appropriately (CC) and has
an existing approved use in the aforementioned bank facility.
Therefore, we believe this application is consistent with the
intent of the zoning ordinance and we look forward to a positive
recommendation.
Attached also please find property owners list and a check for
$300.80.
We appreciate your assistance in this application.
BRS:bc
ten eighty seven west river • suite 160 • poise, idaho 83702 • (208) 336-8370
P.A.
CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
Bodine oil Company
NAME: Foodmaker Inc PHONE 336-8370
ADDRESS:c/o Billy Ray Strite Architect, 1087 West River Suite 160, Boise
GENERAL LOCATION: SEC East First St/Fairview Avenue
DESCRIPTION OF PROPOSED CONDITIONAL USE: Drive-thru restaurant
ZONING CLASSIFICATION:
CC
PLAN: 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 yards.
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
. The purpose of the Hearing
is to consider a CONDITIONAL USE PERMIT submitted by
as located at
for the property generally described
BLOCK LOT NUMBER
SUBDIVISION
J -U -B ENGINEERS. INC.
250 SOLO Beechwood Avenue, Suits t — BaUe, Idaho MRS
• •
Project: 18382
Date: April 14, 1992
DESCRIPTION FOR
FOODMARER, INC.
A PORTION OF THE NW 1/4 OF THE NW 1/4
OF SECTION 7, T.3N.,R.13., B.M.
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land being a portion of the NW 1/4 of the NW 1/4 of
Section 7, T.U., R.lE., S.M. Meridian, Ada County, Idaho, more particularly
described as follows:
Beginning at the Northwest corner of Section 7, Township 3 North, Range
1 East, Boise, Meridian;
thence North 88635140" East 10$9.90 feet along the Northerly Boundary of
said Section 7 to a point, said point being the point where the Westerly
right-of-way line of East 2 1/2 street if extended would intersect the said
Northerly Boundary of Section 7;
thence leaving the said Northerly Boundary of said Section 7 South
00034155" West 270.59 along the said Westerly Right-of-way line of East 2 1/2
Street to a point;
thence leaving said Westerly Right -of -Hay line of East 2 1/2 Street
North 89047'29" West 345.20 feet to a point, said point being THE REAL POINT
OF BEGINNING;
thence continuing North 89047'29" West 126.00 feet to a point on a
curve, said point being on the Easterly Right -of -Way line of State Highway
Project FAP 86-C1
thence along said Right-of-way on a curve to the right, said curve having a
central angle of 31041'02", a radius of 377.28 feet, a tangent of 107.06 feet,
a length of 208.63 feet and a long chord bearing North 38617'57" East 205.98
feet to a point;
thence leaving said Right-of-way line South 00°35'15" West 162.12 feet
to the point of beginning, comprising 0.28 acres, more or less.
J -U -S ENGINEERS. INC. • 2W SftM S..em OW Awn". Suit* 1 — Sol" -'"M SSIV
Project: 18382
Dater April 16, 1992
Page: 2 - Description for Poodmaker, Inc.
SUBJECT TO:
A11 existing easements and road Right-of-way of Record or.appearing on
the above-described parcel of land.
NOTE:
This description was compiled from data of record and not from an actual
field survey.
prepared by:
J -U-8 ENG E
°
RS, Inc.-
,E;.1-
2 oz
John T. Eddy, P.L.S.
JTE/EDH:lm
..'t
Order No, , 650654 PART QW.W.14 SBC. 7, T3N., RIE., B.M. i
DEED OF RECONVEYANCE 6736225
TITLE AND TRUST COMPANY, an Idaho Corporation, as Trustee
in the deed of trust executed b&D
�7Itr1E OIL COMPANY, INC., AN IDAHO CORPORATION
recorded MaY 9, 1978
Volume at page Instrument No. 7824438 Mortgage records of Ada
County, Idaho, pursuant to the written request of the beneficiary, does hereby GRANT and RECONVEY unto the PARTIES
ENTITLED THERETO.,
BODINE OIL CCMPANY, IM., AN =AH0 CORPORATION
without Hpttahty, all the estate and interest derived to it by or through said Deed of Trust, in the lands therein described.
The, corpdration natAe.subscribed by its Viae President, and the seal affixed by its As3't Secretary, is pursuant
to kresolu(iomauthorizing the execution of this reconveyance duly adopted by its Board of Directors.
pateb Juste 1t7, ;1987 UTLIVRSID TRUST COMPANY, TRUSTEE
U
F
°
a
:Tka+r.., ..'r" , i'r Glen lorensen ................' ..... .V,L•CE+ •President,
'. ., t�9
ry
o
m
ASS t
Secretary
STATE OF IDAHO
STATE OF IDAHO, COUNTY OF
COUNTY OF Ada SS.
I Hereby Cenify that his ips m4 y s t for r'l e'er rd t the request of
�AFt�� TI IL
On this 17th day of June
in the Irar,•ID 87 ,before me: a Notary Public, personally appeared
-
- odor M.,'
p�p minutes pa:/I,,
t
. iTlsif7t31 Y�C]W]110 - known or identified to
(his o f
y
2rded
me
to iw he - -
y }y(d(Y'16$t Sccrctary of tbe corporation that txeuulcd
Igy my office, and y i
the within instrument or.the person who executed the instrument on behalf
of nfaMions at page 11ri: 0
N BASTIDA
o(ytiJ curpuration, and ackoow7edgeJ.to mc that such corporation executed
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the...........
>Jma .• '
IN kThSS WHE , l.6aVe hereunto set my hand and affixed my
offi�ip1 so&kg!c'day d� earyiIt th . enificate st abo writtt
...... ` .
Officio Record r.
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By ............
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.... ...... ...
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Fees
Notary Pub tc for the State of Idaho,
d
Residing at BOlIiC , Idaho.
Mail .
SAFECO Stock No. IDL,03707T (Rev. 7-86)
COMM. EXP. 3-14-93
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AFFIDAVIT OF! LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
I, Marvin Bodine P.O. Box 16
(name) I (address)
Meridian
(city)
1. That I am the record owner of
(state)
property described on the attached, and I grant my
permission to
I,
(name) (address)
to submit the accompanying a0plication pertaining to that property.
Meridian
2. I agree to indemnify, defend and hold awn ba"and Wa employees harmless from
anyclaim orliabilityresultingftmany dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the applicaU m.
Dated this 13th day of 4rii 92
, 1-5--
Tsigna
ture)
SUBSCRIBED AND SWORN to before fne the day and year first above written.
iblic for Idaho
at Boise, Idaho
Commission >jpires: 6/13/92
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PROPERTY WITHIN 300 FEET:
Lorin & M. Bodine
P.O. Box 16
Meridian, ID. 83642
Smith's Pro/Shar Pension Trust
1550 S. Redwood
Salt Lake City, Utah 84104
Northwest,Inc.
9275 SW Peyton
Wilsonville, Oregon 97070
Marvin & Arlene Bodine
P.O. Box 16
Meridian, Idaho 83642
Jay Burrup
3200 W. Duck Alley
Eagle, Idaho 83616
Dean & Leslie Burrup
Donald J. Cantrell
200 East Fairview
Boise , Idaho 83704
Heartland Realty Management
4802 Nicollet Ave. S.
Mineapolis, MN. 55409
Ted & Wanda Hepper
43 East Fairview Ave.
Meridian, Idaho 83642
Heartland Meridian Commercial
Hawkins & Associates
10346 Overland Rd.
Boise, Idaho 83709
Merle Mall Rental Co.
21 North Orchard
Boise, Idaho 83706
Terry Woodard
Box 8505
Boise, Idaho 83707
0
Rocky Mountain Distribution
225 East Fairview Ave.
Meridian, Idaho 83642
Rene & Vonda Yerby
1620 East 2'h Street
Meridian, ID. 83642
Dorado Development Company
P.O. Box 2666
Boise, Idaho 83701
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