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Berner, Al & Susan BWL (Paisano's)MERIDIAN CITY COUNCIL MEETING: F BRUARY 6 1996 APPLICANT: ITEM NUMBER; 16 REQUEST; BEER AND WINE LICENSE FOR~l~AIS/~NO'S ITALIAN RESTAURANT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. STATE OF IDAHO ADA COUNTY CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, IDAHO 83642 APPLICATION FOIL BSER LICE~LSE 19 ~>~~ PLEASE READ THE FOLLOWING CAREFULLY: If this is a renewal application and there are no changes in ownership or personal qualifications of the applicant, complete only paragraph (1) then turn to the reverse side, sign and have notarized. If this is a new application complete all blanks on both sides. (1) Application is hereby made for a license as a /~e~-1~1 ! ~~' /'' Retailer, or Package Vendor Only of beer and fee in the sum of $ is enclosed. (Retailer - $200.00 Package Vendor.- $50.00 Name of Business ~fIlSA-~c.lL' ~ I T/~ u~~;~/ ~~% Address ~C%/,; ~. is ~ s~ `y/f ~^,~1~~~~t il, % ~%~ Name of Applicant ~-Lrrr .5/~ SSA/ ~ ~i~'.lL ~ ~ ~i /~-/~ ~ ~= iyi4-~/~t/ i _ Type of Business L in ~ l -~~-c 1 ~ i ir`~ J ~ rc (~c' . I~ c `~ ~~ ~ f ~'~ /~ Insert: Co ration, In ividual, Partnerbhip, Etc. Address of Premises ~CG f. Street (2) Premises are (check one): ty County (In no address, give accurate description) Owned Owned or Mortgaged Amount of loan secured by mortgaged $ ~ Leased or Rented Owner of building is CG't~l~ ~' S~~/~li J ~'1~5 / ~ 2~;~ ~Zi7~ ~'~-, ~17r:.Yil~~i<i)~ /~ ~3L-~~ N e & Addres Person holding mortgage on premises is Name & Address Fixtures in the premises are of the value of $~f5 ~«-. ~ and are (Check one): Owned Held on Conditional Sales Contract Leased or rented If fixtures are held on Conditional Sales Contract or are Leased or rented, the owner is: Name & Address If applicant is a partnership, the names and addresses of the other partners are: _ _ _ , ~}'L y ~-lC ~/,rJtl ~C~/~/C~ ~~-;c~L'; ~,(~~. ~/~l~l~ l~f LLU(i~L~ t/il t../~./.L~ ~~/tl~ ~f~ ~3~, ~~Z-- ~~i~ /~ l L- /l,`/,~/;I/tJ ! /l,`y/. Tri;1~'l~l ~~'~J~~ ~~iri/~' . !~ 'S~~~/.~ STATE OF IDAHO ADA COUNTY CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, IDAHO 83642 APPLICATION FOR BF~t LICF~SE 19 ~~~> PLEASE READ THE FOLLOWING CAREFULLY: If this is a renewal application and there are no changes in ownership or personal qualifications of the applicant, complete only paragraph (1) then turn to the reverse side, sign and have notarized. If this is a new application complete all blanks on both sides. (1) Application is hereby made for a license as a /~e~~rl / ~~~ /'' Retailer, or Package Vendor Only of beer and fee in the sum of $ is enclosed. (Retailer - $200.00 Package Vendor - $50.00 Name of Business ~Al`~R-,t1C'~ lT/~~~/~;~/ ~C-S% Address ~G'~; ~. ~sr ~~ `~~/^,~~~,~t,~. /y• Name of Applicant ~L ~;-~ ,~ L~ ~~~ ~l/ ~ E~',cl E~ /j /~-/~ / ~_ ~//~i.~ti/ / Type of Business L i/1, l -~t{ l ~ 1/rte i ~ n L~G~, /fir 5 ~E2~ r r~~i Insert: Co ration, In ividual, Partnership, Etc. Address of Premises ~~G ~. / stS~: /'j~~i-,'~/j~~i7 ~ll~ Street City County (In no address, give accurate description) (2) Premises are (check one): Owned Owned or Mortgaged Amount of loan secured by mortgaged $ Leased or Rented Owner of building is L~c;~~ ~~ S/~/// ,/~?/'1~`~ / ~?2' EZ-/~ f'~ 1)?c'Y/~~~~~) f~ :~'3~~/, N e & Address. i Person holding mortgage on premises is Name & Address Fixtures/in the premises are of the value of $ ~f 5 ~%~ c:" : ~ and are (Check one) V Owned Held on Conditional Sales Contract Leased or rented If fixtures are held on Conditional Sales Contract or are Leased or rented, the owner is: Name & Address If applicant is a partnership, the names and addresses of the other partners are: -. ~, ~ _ /-~1% .~.~!'=/i\~ ~~~= F~/i:'.`~ ~ ~. cam?'' ~i.! ~~/~iU '~~L~G;(iliL~ ~~~~~<'/1~ ~!J/tl~ ~~ '~3~, ~~Z ;, Corporate applicant must furnish the following: Date and place of incorporation / / - ~. -- ~~- 5 ; .> ,~--~ ~,~_, ~ ~`~ Registered Office _~~ C! Y~%. ~/ r" <' l~ .. :mil ~~' / ~~~!'i _ ; Name of Mana er of cor ~~ g poration ~l t. ~- %.'/.J /~C,',2 ~ , Manager of corporation became a resident of Idaho on !~- -.~~' -.~~ Date) Names of all officers and board of directors of corporation If wholesaler, address where records are kept ants of STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF IDAHO COUNTY OF ~J ~ /.I I, J C ~ S l~ /`( /~ L 1~,='L'~- -~ ,being first duly sworn on my oath and say: That I reside at ~Zl' `>Z% i; U. Si) ~/ [~~~ ~ ~ C.'~'C i~, /~ 7e~~ ~ ~ ~~. ~ D S 3~-yz- ; that I became a bona fide resident of Idaho on ~c',T =~' 19QG~ ; that I am connected with the above-named applicant as: Owner Partner )( Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. /~~~' ~ ~ or Malt Dealer's Stamp No. it ~'/L~c (if none, write "none") . That the following is a statement of the occasions within the past three years, upon which I have been convicted of any violation of the laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liguor~ or have within the past three years forfeited, or suffered the forfeiture of, a bond for my appearance to answer charges of any such violation: (If none, write "none"). Date of Arrest Place of Arrest ~ Charge Disposition That the following is a statement of the occasions, upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefor within the past five years: (If none, write "none"). Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for, or my license to deal in beer or liquor have been refused, suspended, or revoked. (If none, write "none"). DATE OF REFUSAL, SUSPENSION OR REVOCATION REASON FOR REFUSAL, SUSPENSION OR REVOCATION /l~C i'll ~ That I am a citizen of the United States; (if naturalized, give number and place) C~~~~ (If wholesaler cross out the following line) That I am not an official, agent, or employee of any distillery, winery, brewery, or wholesaler or jobber of liquor oe malt beverages. Signature of Ap Subscribed and sworn to before me this ~~day of ~r ~< ~~~/ / I CAN a' , ~c 19~. Notar~i Public, State of Ida///h~ o ,/) ~ J jJ Residing at ~3 ! S~--L~~t-~ %`~'c'~LiI1 '"'"`~ 'ate' '"'~` False statements in this application constitute a felony and are punishable by imprisonment for not more than fourteen (14) years. (Title 18, Chapter 54, Idaho Code.) STATE OF IDAHO ADA COUNTY CITY OF MERIDIAN 33 E. IDAHO MERIDIANS IDAHO 83642 APPLICATION FOR WII~ LICENISE 19 `! Application is hereby made for a license as a ~~ ~l i ~f' / Insert: Distributor or Retailer of wine and fee in the sum of $ is enclosed. Name of Business ,'>>-1 / S /;-hiL ~ / 7"~L. i i~,~ /~ L~;, ~ , Address l~C G• ~ / ~'~ ~~ ~% Ic. r ~~l i l ii -~ Name of Applicant .S(r S/i/~! ,/~ (= r`~„~~~ /` Type of Business L L L Insert: Corporation, Individual, Partnership, Etc. r <-. Address of Premises ~/~' ~ ~. % Z- J=~ ~~r: y; l~~ ~~ i~ , //~ ~~~(~r/;Z Premises are (check one): Owned Owned and Mortgaged Amount of Loan secured by mortgaged $ X Leased or Rented / ~_ i Owner of Building is ~-c'i~~ ~' ~lZ//(~ :/G~l~"~f / ~ ~.%% ~c-/?~ ~~L /^i'?c i't~!'lli7 /,i) :t-~tv~ Name & Address Person holding mortgage on premises is Name & Address Fixtures in the premises are of the value of $ ~~,/;~~;, "" and are (check one). Owned Held on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: Name & Address If applicant is a partnership, the names and addresses of the other partners are: !c'r.~~ y 'c/' iii sf ~~ ~~ %~ /' ! C' h/ 1J /`/ /~l (~ /~%~[, ~ /'7'J ri7li ~ iE' / / i1J~C/ / ~ ~'~1-/-~2 Corporate applicant must furnush the following: Date and Place of incorporation // - C-• ~- ii ~ ! ~ ~,~-[-~ Registered Office j C ~Y~ , ;~ ~.; ~~ S ~ ~~, i ~ ~°-,~;; Name of Manager of Corporation ~.. S/ail./ !~ c %'~l' Manager of Corporation became a resident of Idaho on %l' - :>C - Sal, Date Names of all officers and board of directors of Corporation f1-L ~- E-/2 v'c ~~ ~ l z ~'~ ~~ ~1 ~ r .E' /1%== r' /t r ~l k' ~ ~ ~ti fJ /~ ~,t1 ~ If distributor, address where records are kept STATF~TP ALGID OATH OF PF~SONAL QUALIFICATIOLZS OF AFPLICAI~ STATE OF IDAHO )ss. COUNTY OF ~~ Did ) I, _ ~-~~,~ ~~ ii ~ ~E,c~' ,~ c/~ being first duly sworn on my oath depose and say: That I reside at ~,L% `~Z- 2~~ .j'/~1,c/i]r4 ~-~L~0~~ /~'I~/.?~ i>i/.1.~/ i ~ that I became a bona fide resident of Idaho on G%C.T ~~~' 19 ~'; that I am connected with the above-named applicant as: Owner Partner ~_ Manager of Corporation That the following is a statement of the occasions within the past three years, upon which I have been convicted of any violation of the laws of the United States, the State of Idaho, or any other state of the United States, regulating, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited, or suffered the forfeiture of, a bond for my appearance to answer charges of any such violation: (If none, write "none"). Date of Arrest Place of Arrest Charge Disposition Has been convicted of a felony or been granted a withheld judgement following an adjudication of guilt of a felony within five (5) years from the date of making such application. Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for, or my license to deal in beer, wine or liquor have been regused, suspended or revoked. (If none, write "none"). DATE OF REFUSAL, SUSPENSION REASON FOR REFUSAL, SUSPENSION OR REVOCATION OR REVOCATION /l L~ /l `C That I am a citizen of the United States: (If naturalized, give number and place) C' ~ `_7 (If Distributor, cross out the following line) That I am not an official, agent, or employee of any distillery, winery, brewery or wholesaler or jobber of liquor or-malt beverages. I (or we) hereby swear that I (or we) will furnish to the Commissioner on or before the fifteenth day of each month, a report, under oath, on a form to be prescrived by the Commissioner, showing the quantity of wine sold by me (or us) within the State of Idaho during the preceeding month. I (or we) further agree that I (or we ) and all general sales corporations or agencies maintained by me (or us) and all my (or our) trade representatives or agencies, shall and will faithfully comply with all of the provisions of the laws of the State of Idaho relating to the regulation and control of the manufacturer, sale and distribution of wine and all rules and regulations adopted pursuant thereto. ~=-•-l'a'y`-IC.Ji( • ~ L ~ /~ L-~ Signature of Applicant Subscribed and sworn to before me this ~ day of ,~. ./ "' , 19 `% ,~ publia~Sta a cf Idaho Residing at j3 ~ ,!f~1 °'~`~ .~iG ~~~ .,,~~~ K~~ (This license must be conspicuous/v diso/aved. ) ADA COUNTY LICENSE STATE OF IDAHO 199G nIQ, 04792 Year THIS IS TO CERTIFY THAT EERPJAPJi•JI LLC FAISAtJ~:.;' :; ITALIAPJ RE~~TAURAt•JT isgranteda / toconducta / orfora RETAIL ALCC~H~~LIC EEVERAGE LICEPJSE (Type) at 90G EAST 1 ~T ~~TREET in MERIGIAfV IGAHC~ 83642 State of Idaho, (Street Address) (City or Town) and has complied with the laws of the State of Idaho and/or regulations and ordinances of Ada County. BEER Bottled & Canned X75.00 W I i'J E Signature of Licensee or Officer of Corporation By the Gr•i nl< $ 1 00.00 T~.~TAL $1 7 5.00 Approved by the Board of County Commissioners this'"• 2~dayof _D~E~2E6ER .tg 95 ~ ~~, J. David Navarro, CIerWAuditodRecorder ssianer •! ~'.,:: `~ is ~~ . r ~~ 'z ~~ ~c r p c ;n << '= :n _~ m ~' O 1 MERIDIAN CITY COUNCIL MEETING:~N OVEMBER 8.1995 APPLICANT: ITEM NUMBER; 17 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY ALBERT 8< SUSAN BERNER AND MARIE NANNI GA ENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF PAISANO'3 RESTAURANT FOR A VARIANCE FROM 11-2-414 D AND ADD ADDITIONAL CUSTOMER SEATING OUTDOORS N. E. CORNER OF EAST 1ST STREET AND PINE STREET ALBERT W. AND SUSAN M. BERNER AND MARIE D. NANNI FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for hearing on October 17, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant, Al Berner, appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 17, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 1 3. That the Applicants request a variance to allow A street parking and a variance to permit limited outdoor seating on the sidewalk at 906 E. 1st Street during warm weather months, approximately 4 to 5 months out of the year. 4. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, requires that no building or structure shall be erected, altered or its use changed unless permanently maintained off-street parking and loading have been provided in accordance with the provisions of this Ordinance. 11-2-414 also requires that the parking be paved. 5. .That the present use of the property is Val's Furniture and Appliance Store; that the intended use is for a full service, family-owned, Italian Restaurant; that this property is located within the City of Meridian and the Applicants are not the owners of the property but they do have a lease with the owners; that the owners of the property are Loyd E. and Sally M. Jones. 6. That the proposed restaurant location is situated less than 300' from the Valley Shepherd Nazarene Church; that there is no off street parking for the subject property and limited marked parking spaces in front of and on adjacent streets. 7. That the Applicant testified before the Planning and Zoning Commission that there is an apartment above the building and the only off-street parking which exists now is just behind the building where there is a driveway for the tenants of that apartment; that the building exterior will basically stay the same; PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 2 that the only changes will be cosmetic; that a decorative awning with the name of the restaurant and the type of restaurant will be on the awning and on the side of the building itself; that lighting will basically be the same as presently exists; that regarding Ms. Stiles' comments of the landscaping, the Applicant is willing to consider and discuss her comments with her. 8. That the Applicant stated before the Council that between 5:30 p.m. and the proposed closing at about 9 or 10:00 p.m. on Friday and Saturday, the intersection at E. 1st Street and Pine Avenue is virtually vehicle free; that the existing businesses in the area are generally closed when Applicants would be operating, except lunch time, and that nearly all of.the marked parking spaces are empty as well as those that are parallel parking down Pine Avenue; that although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 9. That regarding the outdoor seating, the Applicant stated in the application, that this location provides adequate sidewalk space for some outdoor seating with consent from the Ada County Highway District; that it may be expected of a food or beverage establishment to provide outdoor seating if possible; that the additional seating would also add some charm to the Old Town District; that this type of restaurant currently does not exist in Meridian and the Applicant's believe this to be a welcome addition to the community and to the district. 10. That the Applicants have requested that a variance be PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 3 granted from the above Ordinance requirements so that they will not be required to meet the on-site parking stalls required by the City Ordinance due to the size and location and the required landscaping easement by the City. 11. The property in question is described in the variance application and is incorporated herein as if set forth in full. 12. That the Meridian City Police and Fire Departments and Central District Health submitted comments and they are incorporated herein as if set forth in full. 13. That when comments are received by the Meridian Planning Director, Shari Stiles, the City Engineer's Department and the Ada County Highway District, they too shall be incorporated herein as if set forth in full. 14. That there was no other public comment 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. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 4 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the specific requirements regarding a variance that must be evidenced and found by the City Council, are as follows: A variance shall not be granted unless the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conc]~usions that the mentioned standards and conditions of this Ordinance have been met by the Applicant and unless all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because. of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance; c. ,That the granting of the specified valiance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 5 6. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted. 7. That regarding Section 11-2-419, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the off-site parking requirements would clearly be unreasonable;. there clearly is not enough land to place off-street parking on. b. That strict compliance with.the requirements of this off- street parking Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the variance would not have the effect of altering the interests and purposes of the off-street parking Ordinance. 8. That it is concluded that the Application for a variance from 11-2-414 E 2.b. (2), OFF-STREET PARKING, should be granted. 9. That regarding the outside seating, the conditions shall be as follows: 1. The tables and chairs shall not block the exit doors at any time. 2. The tables and chairs and the people sitting in them shall be located within five and one-half (5 1/2) feet of the bar and grill building, as stated by the Applicant. 3. There shall be a pedestrian traffic lane, on the sidewalk, not including the Ada County Highway District, of at least seven and one-half (7 1/2) feet. 4. That the Applicant may sell or serve, or allow to PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 6 be consumed, alcoholic beverages on the sidewalk and outside of the .premises of Paisano's Italian Restaurant, but within the confines of the perimeter of the restaurant for the hours set forth below; therefore Applicant shall obtain an amendment to its beer and wine license. prior to conducting business on the sidewalk. 5. That the Applicant may operate on the sidewalk, in the designated area, from 10:00 a.m. to 10:00 p.m. 6. That the tables and chairs shall be stored inside from 11:00 p.m. to 9:00 a.m. and shall not be on the sidewalk between those hours. 10. That the Applicant shall meet the conditions and requirements of the Ada County Highway District and obtain approval of the State of Idaho liquor licensing department, the County of Ada, and the City of Meridian for the sale and serving of alcoholic beverages in the sidewalk portion of the business. 11. That if the Applicant is not in agreement with the above conditions, the variance to hold outdoor seating during the warm weather month should be denied. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions of Law. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS VOTED VOTED VOTED VOTED VOTED Page 7 DECISION Based on the above Findings of Fact and Conclusions of Law it is decided the Application for a variance from 11-2-414 E 2 . b. ( 2) , OFF-STREET PARKING is approved and that the variance requested by the Applicant to extend the business to include outside seating during the warm weather months as described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. APPROVED: PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS DISAPPROVED: Page 8 Y ~ MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: ALBERT A SUSAN BERNER AND MARIE NANNI ITEM NUMBER; 21 REQUEST; CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT (PAISANOS) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES FROM 10-10-95 P St Z MTG. SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS gel Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission October 10, 1995 Page 14 Hepper: Second Johnson: We have a motion and a second to have the City Attomey prepare findings of fact and conclusions of law on the application for Western Deli Shops Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Johnson: I will now open the public hearing and invite the applicant or representative to come forward and address the Commission at this time. AI Berner, 2050 West Sandalwood Drive, was sworn by the City Attomey. Berner: This is for a conditional use permit for a full service restaurant to be located in an existing structure at 906 E. 1st Street. Hours of operation are tentative right now from 11 A.M. to 9 P.M. six days a week and proposed to be closed on Sundays at this time. As I said the building is already existing, at one time I understand it was a restaurant, I moved to Meridian in 1980 and I don't ever remember it being a restaurant so it was before my time. The building exterior will basically stay the same, the only changes will be cosmetic in that there will be a decorative awning with the name of the restaurant and the type of restaurant that it is. The only other signage will be on the side of the building itself and not very big. Light will basically stay the same also. I had a draft from Ada County Highway District last week and they basically bought off on the Conditonal Use, they said there will possibly be am impact.of additional 300 vehicle trips per day and I guess the big concern is traffic and parking. My own observations have shown that after 5:30 P.M. there are quite a number of empty parking spots at that intersection, both on East First and down Pine Avenue. Does the Commission have any questions? Johnson: Any questions of the applicant at this time? Rountree: Have you reviewed the comments from the City Engineer and the Planning Administrator? Berner: Yes I have. Rountree: The one item that seems to come out is the issue of parking. You are proposing all parking to be on public right of way? Meridian Planning & Zoning Commission October 10, 1995 Page 15 Bemer: That is correct, and my understanding also is the City of Meridian has purchased a lot adjacent to that on Pine Avenue that becuase of budgetary restraints right now they cannot pave or tum into the parking lot but that is what it is intended for in the future. 1 don't know how many parking spaces that will accommodate whenever it is in. Hepper: Does this piece of property have any off street parking of its own? Berner: The only off street parking that exists now is just for the tenants, there is an apartment above that building and just behind it there is a small driveway and the tenants that occupy that apartment that is their parking spot. I think it is also for the two businesses that are located in that same building, the jewelry store and the mobile home sales. Shearer: Part of the public parking is on the private property on that site (inaudible) that parking is not strictly off or on street. Part of that is on private property. Johnson: It is on private property but it is public parking. Berner: Are you referring to the driveway behind it? Johnson: No, he is referring to where it was bulbed out, where they created the bulbs in there and the diagonal parking. That is public parking on both sides of the street. Any other questions? Hepper: Did you see Shari Stiles' comment about the landscaping, you need to try and incorporate some landscaping if possible. Berner: Yes I did and I really didn't understand where that would go. I could put a few planters out there if you would like but I really don't know what to do (inaudible) or the City would expect in the way of landscaping. There is not a lot of room out there and that is mostly Ada County Highway District Easement as I understand those sidewalks and everything. (End of Tape) If there is some specific thing about landscaping I would be wiling to consider that certainly. Johnson: I would suggest you talk to Shari Specifically about that and see what she had in mind. - Shearer: Is there a dirt strip between Pine Street and the building (inaudible). Berner: That sidewalk is from the building out to the street and if you have Ada County Highway Departments comments they have also, they are asking for standard curb and Meridian Planning & Zoning Commission October 10, 1995 Page 16 gutter there rather than that drive up kind of curb. Johnson: Anything Wayne? Tim? Thank you, is there anyone else from the public that would like to come forward at this time? Seeing no one then I will close the public hearing. Again this requires findings of fact.and conclusions of law. Hepper: Mr. Chairman, I move we have the City Attomey prepare findings of fact. Shearer: Second Johnson: It is moved and seconded that we have findings of fact and conclusions of law prepared, all those in favor? Opposed? MOTION CARRIED: Alt Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEFORE AND AFTER SCHOOL CENTER BY JOE & LESLIE PALMER: Johnson: I will open the public hearing at this time and invite the Palmer's or their representative to come forward. Joe Palmer, 1620 Sportsman, was sworn by the City Attomey. Palmer: What we are proposing is a before and after school center it is next door adjacent to a building that we now own that we have a regular day care center that has children that are under school age. They are on two different pieces of property, we are leasing the one that we are proposing at this time we will be leasing that property. There is only one building on the property some of the paperwork I came back there was some comments about other buildings that are there on the property. There is no other buildings on the property there is only one. There in the back comer of that building there will be two people that rent just the one comer of it for doing a dental lab, I believe that was approved in your last meeting. Is there any questions? Johnson: Have you been operating this at this time before this meeting? Palmer: No, we started to when school first opened and the building inspector said we don't have an occupancy so not to operate so we haven't since then. That was about a month and a half ago. Johnson: You read the comments from the Assistant to the City Engineer and no questions on those? WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer GOtlNGIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 5, 1995 Re; FULL SERVICE RESTAURANT (Request for Conditional Use Permit - by Albert & Susan Berner and Marie Nanni) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. A drainage plan designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking antes. The drainage plan shall be submitted for review and approval by the City Engineer. (Ord. 557, 1 Q 1-91). 3. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D. 3 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D.4 and 11-2-414. D.5 of the City of Meridian Zoning and Development Ordinance. 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 6. All construction shall conform to the requirements of the Americans with Disabilities Act. 7. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed during the building plan review process. Please provide any information that you may have with regards to your anticipated water demand. C: \WPWIN60\GENERAL\PAISANOS.PBcZ WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM TO: FROM: DATE: SUBJECT: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. IQNGSFORD Mayor Planning & Zoning Commission, Mayor and Council Shan Planning. & Zoning Administrator October 6, 1995 GOUNGIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Conditional Use Permit for aFull-service Italian Restaurant by Al and Susan Berner - 906 East First Street It should be noted that, in conjunction with this request for Conditional Use Permit, a variance application has been submitted which will be heard at City Council on 10/ 17/95. The variances requested involve off-street parking requirements, outdoor seating within ACHD right-of-way, and sale of beer/wine for consumption on premises within 300' of a church or school. 1. ACRD approvals for use within the public right-of--way shall be submitted to the Meridian Public Works Department prior to occupancy. 2. Landscaping should somehow be incorporated along East First Street and Pine. 3. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent upon meeting all zoning, building code, public works, Central District Health and Fire Department regulations. 4. My primary concern is the lack of off-street parking for the project. Although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 5. If a special meeting is to be held by the Commission later this month, I would ask that Findings of Fact/Conclusions of Law for this project be acted upon at that meeting, provided legal counsel has adequate time to prepare them. C~OG°'~( BEFORE THE MERIDIAN PLANNING AND ZONING COI~II~IISSION CONDITIONAL USE PERMIT FOR PAISANO'3 ITALIAN RESTAURANT AL ~ SUSAN BERNER & MARIE NANNI. APPLICANTS. NE CORNER OF EAST 1ST AND PINE STREET FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioners, appearing through Al Berner and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and the Applicants are not the owners of the property; that the owners of the property are Loyd E. and Sally M. Jones; that the property is described in the application which description is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 1 incorporated herein. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a full service family restaurant. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12, as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the Applicant testified that the tentative business hours will be from 11:00 a.m. to 9:00 p.m., six (6) days a week and proposed to be closed on Sundays, at this time; that there is an apartment above the building and the only off-street parking which exists now is just behind the building where there is a driveway for the tenants of that apartment; that the building exterior will basically .stay the same; that the only changes will be cosmetic; that a decorative awning with the name of the restaurant and the type of restaurant will be on the awning and on the side of the building itself; that light will basically be the same as presently FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 2 exists; that regarding Ms. Stiles' comments of the landscaping, the Applicant is willing to consider and discuss her comments with her. 6. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 7. That sewer and water is available to the property. 8. That the Applicants stated in the Application that they agree to pay any additional fee regarding trash, sewer, or water. 9. That Mr. Berner testified before the Commission that the draft he had from the Ada County Highway District basically bought off on the Conditional Use; that their concern is traffic and parking; that there will possibly be am impact of an additional 300 vehicle trips per day. 10. That Mr. Berner also testified that his own observations of the area after 5:30 p.m. were that there are quite a number of empty parking spots, both on East First and on Pine Street, and that the Applicant is proposing all parking to be on public right of way . 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City .. Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that paving and striping shall be in accordance with the standards set forth in 11-2-414 D.4 and 11-2-414 D.5; that all signage shall meet 11-2-415; that off-street parking shall be provided in accordance with Section 11-2-414; that a drainage plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 3 designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking area; that the drainage plan shall be submitted for review and approval by the City Engineer; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residential area and in accordance with City Ordinance, Section 11-2-414.D.3; that all construction shall conform to the requirements of the Americans with Disabilities Act and that the sanitary sewer and water to this facility would be by means of existing service lines and that assessments will be reviewed during the building plan review process; that the comments from the Planning and Zoning Administrator, Shari Stiles, were specifically that the Ada County Highway District approvals for use within the public right-of-way shall be submitted to the Meridian Public Works Department prior to occupancy; that landscaping should somehow be incorporated along East First Street and Pine; that a Certificate of Occupancy is required prior to opening and will be contingent upon meeting all zoning, building codes, public works, Central District Health and Fire Department regulations and that a lack of off-street parking for this project is of primary concern; that although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 12. That the Meridian City Police Department, City Fire Department, Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 4 incorporated herein as if set forth in full. 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 14. That no other testimony was offered regarding this application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 5 conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use 'permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer and the Planning and Zoning Administrator must be met and complied with. 6. That all Ordinances of the City of Meridian must be met, including but not limited to, the Sewer Ordinance and Pre-Treatment Ordinance, Uniform Building Code, Uniform Fire Code, Uniform FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 6 Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, and all parking and paving requirements. 7. That the structure on the property must be brought up to all codes prior to issuance of an occupancy permit. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~a VOTED ~ ~N V VOTED VOTED 4,~5 VOTED DECISION AND RECOI~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for..the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 7 OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clry Troasuror GARY D. SMITH, P.E. City Enplnser BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNI8J. SUMMERS, Perks Supt. SHARI S. STILES, P 62Adm. KENNETH W. BOWERS, Flro Chlet W. L "BILL" GORDON, Pollcs Chlel WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888~d~433 • FAX (208) 8874813 Public Works/Buiklin` Dt~artmatt (208) 887-2211 GRANT P. ®IVGSFORD COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 2 COMMISSION JIM JOHNSON. Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: -.Albert Ss. Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St and Pine t --JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM NEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PREUM 8 FINAL PLAT) INTERMOUNTAIN GAS(PREUM ~ FINAL PLAT) BUREAU OF~RECLAMATI (P EUM~B, FINAL PLAT CITY FEES ~ l~ OTHER: ~ _ YOUR CONCISE REMARKS: S CP 2 2 155 HUB OF TREASURE VALLEY A GOOd P>aoe t0 L1VC CITY OF MERIDLAN CITY OF r~IE~f IDIAY~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clark JANICE L GASS, Clty Treasuror GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Watsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Fin Ch1ef W. L "BILL" GORDON, Police Chlsf WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Dep®rtment (208) 887-2211 GRANT P. ICINGSFORD COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM 8NEARER CHARUEROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST:~onditional Use Permit for a full service restaurant BY: Albert ~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St. and Pine St. _JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF•RECLAMATION(PRELIM 8 FINAL PLAT) CITY Ffl.ES 9~ ~O , ~~ OTHER: YOUR CONCISE REMARKS: S t .~ ~ LL A/~Q. X11 ~ /~11 rl ~, ~ 1 J 1995 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN oc~no JAMES E. BRUCE, Presiaent SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: Albert and Susan Berner and Marie Nanni 906E 1st Street Meridian, ID 83642 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MCU-18-95 Full Service Restaurant OCT 2 5 19x5 ~;tTY +tll- c~~~i~~fi. October 20, 1995 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 18, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-18-95/MV-2-95 906 E. 1st Street Restaurant in existing building The applicant is requesting conditional use approval for a full service restaurant and a variance to allow on street parking and limited outdoor seating with permission from ACRD. The site is located at the northeast corner of East 1st Street and Pine Avenue. This development is estimated to generate 300 additional vehicle trips per day. Roads impacted by this development: East 1st Street -Minor arterial with bike route designation - No traffic count available Pine Avenue -Local street with no pathway designation - No traffic count available ACHD Commission Date -October 18, 1995 - 12:00 p.m. Facts and Findings: A. General Information R-4 -Zoning 0.16 -Acres 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District East 1st Street Minor arterial with bike route designation No traffic count available 80-feet of frontage 80-feet existing right-of--way (40-feet from centerline) No additional required right-of--way East 1st Street is improved with an average 52-foot street section with curb, gutter and sidewalk. The roadway is designed with diagonal parking abutting this site and was rebuilt approximately four years ago. Pine Avenue Local street with no pathway designation No traffic count available 90-feet of frontage 80-feet existing right-of--way No additional required right-of--way Pine Avenue is improved with an average 49-foot street section with curb, gutter and sidewalk. There is a portion of sidewalk missing on Pine Avenue (at the location of an existing water meter). Staff recommends that the applicant replace the missing portion of sidewalk if it abuts this parcel. B. There is an existing building located at this site. The applicant is proposing to use the building as a restaurant with an outside dining area to be located on the sidewalk. Staff recommends that applicant obtain a license agreement from the District for the use of the public right-of--way for commercial activities. Staff also recommends that a clear pedestrian walkway be maintained, to be a minimum of 5-feet between the proposed outside cafe and any existing street signs and utility poles abutting the street. C. There are no driveways on East 1st Street and none are proposed. D. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. MCU 1895 V. WPD Page 2 E. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on October 10, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: 1. Utility street cuts in the new pavement on East 1st Street will not be allowed unless approved by the District Commission. 2. The applicant shall obtain a license agreement from the District for the use of the public right-of--way for commercial activities prior to issuance of occupancy permit. 3. The applicant shall maintain a clear pedestrian walkway, to be a minimum of 5-feet between the proposed outside cafe and any existing street signs and/or utility poles abutting the street. 4. Replace the missing portion of sidewalk on Pine Avenue (if it abuts this parcel) prior to issuance of occupancy permit. 5. No new driveways are approved with this application. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The regLest shall specificall id n i each re4uirement to be reconsidered and include a written Pxplanatinn of why such a requirement would result in a substantial hardship or inequ~. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar davs of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specificall iden i each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inegu~. 3. Aright-of--way permit must be obtained from ACRD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. tility street cuts in roads paved within the last five years will not he allowed unless approved the District Co missinn_ Contact Construction Services at 345- 7667 (with file number) for details. MCU1895V.WPD Page 3 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. 5. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 6. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 7. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 8. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. MCU1895V.WPD Page 4 CENTRAL ~• DISTRICT ~R'HEALTH DEPARTMENT Rezone # CEIv 1"RAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: Conditional Use # /4~-'~~ fC.r'~%~ ~S~?-~/i''~I~%~+ii Preliminary /Final /Short Plat ,~ ~~C2T' ~N~ Sv.~'a~/ ~~Wc-rte .~ /~7~iG /L~i/~/r ^ Boise ^ Eagle ^ Garden city ®-Meridian ^ Kuna ^ Acz ^ I. 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 comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: li?{-tentral sewage ^ community sewage system ^ community water well ^ interim sewage ~' central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: 'food establishment ^ swimming pools or spas ^ child care center ^ 15 ^ beverage establishment ^ grocery store Date: ~/ ~ ~/ ~. . Reviewed By: Revie Sheet CDHD ID/91 rcb, rev. Il9S ~t~CEI`I'~c~ OCT 0 5 CITY 01~ tN>~~u~~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 04 October 1995 Bose 343-1884 SHOP: Nampa 466-0663 Clty of Meridian Boise 345-2431 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit for a Full Service Restaurant Albert & Susan Berner and Marie Nanni To Whom It Concern: Further investigation of these plans reveals that there will be no impact on the District, and we have no further comment. Sincerely, -~~ Daren R. Coon, Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/jas enc. pc: File Board of Directors Water Superintendent ~. Albert & Susan Berner, Marie i3anni APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ^FFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, Jr., Ctty Clerk A Good Place to Live RONALD R. TOLSMA MAZYERRINGTON JANICE L GASS, Clty Trsasuror lt l CITY OF MERIDLAN ROBERT 0. CORRIE WALTW.MORROW BRUCE D.3TUART Wat srWO rksSuDt. JOHN T. SNAWCROFT, Waste Water Supt. P 6ZCOMMISSION DENNIS J. SUMMERS, Parka supt. 33 EAST IDAHO JIM JOHNSON, Cfulrman SNARI 8. STILES, P a Z Adm. MERIDIAN, IDAHO 83642 MOE AUDJANI JIM sNEARER KENNETH W. BOWERS, Flro CAlef W. L "SILL" GOROON, Pollcs Chlel Phone (ZOB) 888433 • FAX (ZOB) 887813 1~ CNARUE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney ~~~~~~~ Public Worka/Building Department (1A8) 887-2ZI1 I~ TIM NEPPER GRANT P. K[NGSFORD 0 ~ ~ _ ~ ~9~~ J Mayor CITl( OF !~£RIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning S: Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert Sz Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE comer of East 1st St. and Pine St. _JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PREUM 8~ FINAL PLAT] JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM NEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR _~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREUM 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Hunter Lateral courses along the south CITY ATTORNEY boundary of the proiect. The right-of-way of the CITY ENGINEER Hunter Lateral is 40 feet: 20 feet from the center each CITY PLANNER way I ho Code 42-1208. .RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The develo er must contact John Anderson or it enson at Nam pa & Meridian Irrigation District, 466-0663 or 345-2431, for approva a ore any encroachment or change of ri ght-of-wa occurs. All laterals and waste ways must be proj ected. Municipal surface drainage must be retained on site. If any drainage leaves the site. Nampa & Meridian must review drainage plans. It is recommended that irrigation watQ r be made available to a ll developments within Nampa & Meridian Irrigation District. This n; strict reatireS that a Land U e Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District ~CE~~I~~ 0 C T - 4 1995 CITY OF MERIDIAN '~aH~ia ~c ~~tLd.Caat ~v~i~c~tloct ~lddtiet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 03 October 1995 Boise 343-1884 SHOP: Nampa 466.0663 Albert W. & Susan M. Berner Baise 345-2431 Marie D. Nanni 906 East 1st Street Meridian, ID 83642 RE: Land Use Change Application for Paisanos' Italian Restaurant Dear Mr. & Mrs. Berner and Ms. Nanni: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above referenced development. If you have any questions concerning this matter, please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent, at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/jas pc: File Water Superintendent -C-ity of Meridian Roylance & Associates, P.A. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 -a oPFlcuLs 4 WIIJJAM G. BERG, Jr„ Clty CI•rlt JANICE L LASS, Cly Troawrer GARY D. SMITH, P.E Clty EnpfnNr BRUCE D. STUAAT, W~br Worlu g~pt, JOHN T. SHAWCROfT, W~t• WtlftrSupt. DENNIS J. SUMMERS, Parkt guilt, gHARI S. ST1~E3, P ti 2 AAm, KENNETH W. BOWERS, Rn Chaf W. L "BILL"CORDON, Pollq CAlsf WAYNE C. CROOKSTON, JA., Attomay HUB OF TRE4SilRE VALLEY A Good I'Iaoe to Live CITY OF MERIDLAN 33 FAST IDAHO 11~RIDIAN, IDAHO 83642 Phone (208) 88&4433 • FAX (Z08) 8874813 Public Works/Bttiidiag Deparmleut (208)887-2211 GRAM' P. YINGSFORD 1Nu~or COUNCILMEMB o• RDNALD R. TOLEMA MAX YERgINGTON ROBEAT D. CORRIE WAIT W. MOgROyy P82COMMI88K)N JIM JOHN80N, Clutlnn~n MOE AUDJANI JMI8HEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS W]['1'H THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: _ 10/10/95 REQUEST: Conditional Use Permit for a full service res aurant BY:~41bert ~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: _ NE comer of East 1st St a~_ pine St _JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C1C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8~ FINAL PLAT) U.S. WEST(PRELIM & FlNAL PLAT) INTERMOUNTAIN GAS(PRELJM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~ / ~ j~yr ~J :... C L "'1 y ~ vv T ~ ~c~n~ JAMES E. BRUCE, Presiaent SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary ~~~~~~ ~~ O C j 2 5 19°5 ~:1TY ~lr cn,~l~i~~~. October 20, 1995 TO: Albert and Susan Berner and Marie Nanni - ~~% s~o`J -~ ~~ ~~ ~s~µ~-~ 906E 1st Street Meridian, ID 83642 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MCU-18-95 Full Service Restaurant Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 18, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 313 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ! ~ ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-18-95/MV-2-95 906 E. 1st Street Restaurant in existing building The applicant is requesting conditional use approval for a full service restaurant and a variance to allow on street parking and limited outdoor seating with permission from ACHD. The site is located at the northeast corner of East 1st Street and Pine Avenue. This development is estimated to generate 300 additional vehicle trips per day. Roads impacted by this development: East 1st Street -Minor arterial with bike route designation - No traffic count available Pine Avenue -Local street with no pathway designation - No traffic count available ACRD Commission Date -October 18, 1995 - 12:00 p.m. Facts and Findings: A. General Information R-4 -Zoning 0.16 -Acres 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District East 1st Street Minor arterial with bike route designation No traffic count available 80-feet of frontage 80-feet existing right-of--way (40-feet from centerline) No additional required right-of--way East 1st Street is improved with an average 52-foot street section with curb, gutter and sidewalk. The roadway is designed with diagonal parking abutting this site and was rebuilt approximately four years ago. Pine Avenue Local street with no pathway designation No traffic count available 90-feet of frontage 80-feet existing right-of--way No additional required right-of--way Pine Avenue is improved with an average 49-foot street section with curb, gutter and sidewalk. There is a portion of sidewalk missing on Pine Avenue (at the location of an existing water meter). Staff recommends that the applicant replace the missing portion of sidewalk if it abuts this parcel. B. There is an existing building located at this site. The applicant is proposing to use the building as a restaurant with an outside dining area to be located on the sidewalk. Staff recommends that applicant obtain a license agreement from the District for the use of the public right-of--way for commercial activities. Staff also recommends that a clear pedestrian walkway be maintained, to be a minimum of 5-feet between the proposed outside cafe and any existing street signs and utility poles abutting the street. C. There are no driveways on East 1st Street and none are proposed. D. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. MCU 1895 V. WPD Page 2 E. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on October 10, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: Utility street cuts in the new pavement on East 1st Street will not be allowed unless approved by the District Commission. 2. The applicant shall obtain a license agreement from the District for the use of the public right-of--way for commercial activities prior to issuance of occupancy permit. The applicant shall maintain a clear pedestrian walkway, to be a minimum of 5-feet between the proposed outside cafe and any existing street signs and/or utility poles abutting the street. 4. Replace the missing portion of sidewalk on Pine Avenue (if it abuts this parcel) prior to issuance of occupancy permit. 5. No new driveways are approved with this application. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identi each requirement to be reconsiderer_t 2nr1 inrlt~tte a written eXplanation of ~v such a requirement would res alt in g s ihctantial hartichip or inegi~. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for app al all pecifically id n i each requirement to be reconsidered and include a written expla~tion of why such a req it m n would result in a substantial hardshi or in u~. 3. Aright-of--way permit must be obtained from ACRD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. T ili reet cu . in roa .paved within he 1 . t five years will not he allowed unless annroved by the District Commission_ Contact Construction Services at 345- 7667 (with file number) for details. MCU1895V.WPD Page 3 4. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. 5. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 6. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 7. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 8. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. MCU 1895 V. WPD Page 4 MERIDIAN CITY COUNCIL MEETING: OCTOBER 17 1995 APPLICANT: ALBERT ~ SUSAN BERNER 8~ MARIE NANNI ITEM NUMBER; 22 REQUEST; RF[]IIFST FAR O VeR1oNCF AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 9~ Materials presented at public meetings shall become property of ~e City of Meridian. OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GABS, Ctty Troasuror GARY D. SMITH, P.E. Clty Enplnear BRUCE D. STUART, Watsr Works Supt. JOHN T. SNAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Flro Chlet W. L. "BILL" GORDON, Pollcs CAlet WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO 1ViERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 8874813 Public Works/BttildinE Department (208)887-2211 GRANT P.1CiNGSFORD ~a COUNCIL MEMBERS RONALO R. TOLSMA MAX YERRINGTON R08ERT 0. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, CMlrman MOE AUDJANI JIM SHEARER CMARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 10, 1995 TRANSMITTAL DATE: 9/26195 HEARING DATE: 10/17/95 REQUEST:. Variance request for Paisiano's Restaurant BY:__Albert ~ Susan Berner and Marie Nanni LOCATION. OF PROPERTY OR PROJECTS _NE comer of E.-~st and Pure-Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDGW SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8t FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PF~ELIM 8~ FINAL PLAT) BUREAU OF RECLAMA I N RELIM FINAL PLA , CITY FEES ~+ ~~-! _~ OTHER: !Z - _ YOUR CONCISE REMARKS: HUB OF TRFr9SURE VALLEY A Good Play to Live CITY OF MERIDLAN OFFICIALS WItL1AM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. STUANT, Water Works Supt. JOHN T. SHAWCROFT, Wasts Wafer Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P d Z Adm. KENNETH W. BOWERS, FirsChlsf W. L "BILL" GORDON, Pollcs Chlst WAYNE G. CROOKSTON, JR., Attomay HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor .COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P d Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 10. 1995 TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17/95 REQUEST:. Variance request for Paisiano's Restaurant BY: Albert & Susan Bemer and Marie Nanni LOCATION OF PROPERTY OR PROJECT: , NE comer of E. 1st and Pine Street - JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM S FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ / ~~ r~S~ OTHER: YOUR CONCISE REMARKS: s t~~ .~ ly.~t ~LCG~?' itn. _s i~ F i IE `a..r„Q ~7 ~ 1 i.. ~ t i~"itl 1 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division HEALTH ~~.~~~ ~= DEPARTMENT Rezone # ~ ` "- _.i/ ~~ 1 i Conditional Use # Preliminary /Final /Short Plat ^ I. We have No Objections to this Proposal. _ ~' Date• ~`~ / / ~ Reviewed By: /.S ~-/Cc-~J.f c Review met ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I . Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department.would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 15. fDND 10191 rcb, rer. 1195 Return to: ^ Boise ^ Eagle ^ Garden city ~9eridian ^ Kuna ^ ACZ 14. We will require plans be submitted for a plan review for any: ~ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store a MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10.1995 APPLICANT: ALBERTSr SUSAN BERNER AND MARIE NANNI AGENDA I TEM NUMBER: 12 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: ' INTERMOUNTAIN GAS: ... BUREAU OF RECLAMATION: OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS 111 Materials presented at public meetings shall become property of the City of Meridian. " OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer O N -I MEMB Rc RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 5, 1995 Re; FULL SERVICE RESTAURANT (Request for Conditional Use Permit - by Albert & Susan Berner and Marie Nanni) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. A drainage plan designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking areas. The drair;:age plan shall be submitted for review and approval by the City Engineer. (Ord. 557, 10-1-91). 3. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D. 3 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D.4 and 11-2-414. D.5 of the City of Meridian Zoning and Development Ordinance. 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 6. All construction shall conform to the requirements of the Americans with Disabilities Act. 7. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed during the building plan review process. Please provide any information that you may have with regards to your anticipated water demand. C: \WP W1N60\GEIVII2AL\PAISANOS. P&Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Shan . Sti es, Planning & .Zoning Administrator DATE: October 6, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW p 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Conditional Use Permit for aFull-service Italian Restaurant by Al and Susan Berner -906 East First Street It should be noted that, in conjunction with this request for Conditional Use Permit, a variance application has been submitted which will be heard at City Council on 10/ 17/95. The variances requested involve off-street parking requirements, outdoor seating within ACRD right-of-way, and sale of beer/wine for consumption on premises within 300' of a church or school. 1. ACHD approvals for use within the public right-of-way shall be submitted to the Meridian Public Works Department prior to occupancy. 2. Landscaping should somehow be incorporated along East First Street and Pine. 3. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent upon meeting all zoning, building code, public works, Central District Health and Fire Department regulations. 4. My primary concern is the lack of off-street parking for the project. Although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 5. If a special meeting is to be held by the Commission later this month, I would ask that Findings of Fact/Conclusions of Law for this project be acted upon at that meeting, provided legal counsel has adequate time to prepare them. OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GABS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "SILL" GORDON, Police Chlsl WAYNE G. CROOKSTON, JR., Attomsy 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Pubh'c Works/Btulding Dt~arttn«tt (208)887-2211 GRAM P. YMGSFORD ~~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALTW.MORROW P ti Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST:_Conditional Use Permit for a full service restaurant BY: Albert 8- Susan Bemer and Marie N ni LOCATION OF PROPERTY OR PROJECT: _ NE corner of East 1st St. and Pine St. _JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C!C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENG9NEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATI~(P ELIM 8 FINAL PLA' CITY FILES ~ . /~' ~ /,) ,., i YOUR CONCISE REMARKS: " SAP 2 2 1a~J~ hfUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CITY OF MEIiIDIA~? OFFICIALS WILLIAM G. BERG, Jr., Clty Clsrk JANICE L GASS, City Troasuror GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Watsr Works Supt. JOHN T. SNAWCROFT, Waste Watsr Supt. DENNIS J. SUMMERS, Parka Supt. SHARI 8. STILES, P i 2 Adm. KENNETH W. BOWERS, Firs Chlef W. L "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (Z08) 887813 Public Works/Building Department (208) 887-221 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 82 COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM $NEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert 8< Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St. and Pine St. _JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGYNEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM & FINAL PLAT) U.S. WEST(PREUM 81 FINAL PLAT) INTERMOUNTAIN GAS(PREUM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FlLES ~j OTHER: ~" ~~ " YOUR CONCISE REMARKS: /ii S (y i LL /IJ'c~. ~ O /'171 dom. L o t'7 ~_ C _ ~ ~- i4- _ _ ,o ~S ~'R~.~-rb ~ ~~.~' 1 J 1~~~ ~~~~~~ ~Ir- ~n~~e~~F`*b CENTRAL •• DISTRICT ~1t'HEALTH DEPARTMENT Rezone # r~Iw~:~ "; .,.. L , Return to: ^ Boise a`,•~- -'~~~% ^ Eagle `~ ~~' +,; . _. _ ^ Garden city Conditional Use # /^v// .fCr'~:c-~ ~- ~-Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ tier ~ itH~ Svs'~~/ ,c~~-7Wc~-rte .~~ .~~.~i~i~ ~ ~i//i/d ^ I. 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 comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: (~} central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. ^ 12. ^ 13. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: ''food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~~ ^ 15. Date: ~J ~.~/ Reviewed By: CDHD 10!91 rcb, rev. I/9S Revie Sheet CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division R~CEIV~cI~ OCT 0 5 19~i CITY OE ~Nt.K~~ix-. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 04 October 1995 Boise 343-1884 SHOP: Nampa 466-0663 City of Meridian ~ Boise 345-2431 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit for a Full Service Restaurant Albert & Susan Berner and Marie Nanni To Whom It Concern: Further investigation of these plans reveals that there will be no impact on the District, and we have no further comment. Sincerely, Daren R. Coon, Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/jas enc. pc: File Board of Directors Water Superintendent Albert & Susan Berner, Marie Nanni APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GABS, Clty Tnuursr GARY O. SMITH, P.E Clty Enpinesr BRUCE D. STUART, Weter Works Supt. JOHN T. SHAWCROFT, Wute WeterSupt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Fire Chlet W. L "SILL" GORDON, Pollca Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887813 Public Works/Huildit>< Departrncnt (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBEA~ RONALD R. TOLSMA MAX YERRINGTOH ROBERT 0. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chatrm~n MOE AUDJANI JIM SNEAKER CHARUEROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE:_ 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY: Albert 8t Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St and Pine t _JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM NEPPER, P2 CEN Q($,~(C~FgI,~{ - , ,._, _._ GRANT KINGSFORD, MAYOR ~i~,~ ~RIbf~IRRIG/iTfO(~t Q13TRIOT:~; RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8 FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELiM 8 FINAL PLAT) SEWER DEPARTMENT CITY FlLES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Hunter Lateral courses along the south CITY ATTORNEY boundary of the proiect. The right-of-wa of the CITY ENGINEER Hunter Lateral is 40 feet: 20 feet from the center each CITY PLANNER way. See Idaho Code 42-1208 RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The develo er must contact John Anderson or i enson at Nampa & Meridian Irrigation }I~istrict, 466-0663 or 345-2431, for approva a ore any encroachment or change of ri ght-of-way occurs. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any drat an ge leaves the site._Nampa & Meridian must review drainage plans It is recommended that irrigation wat a ma availabl to a ll de~Plopments within Nampa & Meridian Irrigation District. This n,srr,ct re;~~;rPC that a Tand i1 a Change/Site Development application be filed for review prior to final platti ng. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District R ' ~ :`FFICIALS WILLIi~M Q. BERG, Jr., City Olerk JANICE L LASS, Clty Tnuunr GARY D. SMITH, P.E. Gty Enyfnesr BRUCE D. STUART, Water Works Supt. JOHN T. 8HAWCROFT, Waste Water Supt. DENN18 J. BUMMERS, Parke Supt. SHARI S. STILES, P i Z Adm. KENNETH W. BOWERS, FlnCAIN W. L "BIIL" OORDON, Police CAIN WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Placx to Live w~ix r~alN~ci~o A CITY OF MERIDLAN ~BERTD.CORRIE WAIT W. MORROW P i Z COMMI8810N 33 EAST IDAHO JIM JOHNSON, CAalm+en MERIDIAN IDAH083642 MOEAUOJANI , JIM SHEARER Phone (20B) 888433 • FAX (ZOS) 8874813 I~ECEI~IE~ CMARUE ROUNTFIEE nM HEPPER Public Worksi/Building pepartmeat (Zpg) gg7.?211 a~ P. xwcsFO>:n 0 C T - 4 1995 > CITY OF MERIDIAN TO Na TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE:.. 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY:~41bert 8z Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE comer of East 1st St and Pine St _JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PREUM 8t FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR ~NAMPA MERIDIAN-IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PREUM & FINAL PLAT) WALT MORROW, C1C U.S. WEST(PREUM 8 FINAL PLAT) MAX YERRINGTON, C/C fNTERMOUNTAIN GAS(PREUM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTH~; FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Hunter Lateral courses along the south CITY ATTORNEY boundarv of the proiect . The right-of-wa of the CITY ENGINEER Hunter Lateral is 40 feet: 20 feet from the center each CITY PLANNER way. See Idaho Code 42-1208. RIGHTS-0F-WAY NOT SUBJECT ADVERSE POSSESSION. The developer must contact John An erson or i enson at _ approval be>:ore any encr achment or change of right-of-wa occurs. All laterals and waste ways must be protested. Municipal surface drainage must be retained on site. If any drainage leaves the site_ Nampa & Meridian must review drainage plans It is recommended that irrigation watQr he made ava;lab P to all de~Plovments within Nampa & Meridian Irrigation District. Thies Dig ric au;r hat a Tanri U Chance/Site Development application be filed for strict., 466-0663 or 345- review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for. further information. ~~~~ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District ~ R BEFORE T8E MERIDIAN PLANNING AND ZONING COI~IISSION CONDITIONAL USE PERMIT FOR PAISANO'S ITALIAN RESTAURANT AL & SUSAN_BER1iER ~ MARIE NANNI, APPLICANTS NE CORNER OF EAST 1ST AND PINE STREET FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioners, appearing through Al Berner and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and the Applicants are not the owners of the property; that the owners of the property are Loyd E. and Sally M. Jones; that the property is described in the application which description is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 1 incorporated herein. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a full service family restaurant. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the Applicant testified that the tentative business hours will be from 11:00 a.m. to 9 : 00 p.m. , six ( 6 ) days a week and proposed to be closed on Sundays, at this time; that there is an apartment above the building and the only off-street parking which exists now is just behind the building where there is a driveway for the tenants of that apartment; that the building exterior will basically stay the same; that the only changes will be cosmetic; that a decorative awning with the name of the restaurant and the type of restaurant will be on the awning and on the side of the building itself; that light will basically be the same as presently FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 2 exists; that regarding Ms. Stiles' comments of the landscaping, the Applicant is willing to consider and discuss her comments with her. 6. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 7. That sewer and water is available to the property. 8. That the Applicants stated in the Application that they agree to pay any additional fee regarding trash, sewer, or water. 9. That Mr. Berner testified before the Commission that the draft he had from the Ada County Highway District basically bought off on the Conditional Use; that their concern is traffic and parking; that there will possibly be am impact of an additional 300 vehicle trips per day. 10. That Mr. Berner also testified that his own observations of the area after 5:30 p.m. were that there are quite a number of empty parking spots, both on East First and on Pine Street, and that the Applicant is proposing all parking to be on public right of way. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City. Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that paving and striping shall be in accordance with the standards set forth in 11-2-414 D.4 and 11-2-414 D.S; that all signage shall meet 11-2-415; that off-street parking shall be provided in accordance with Section 11-2-414; that a drainage plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 3 designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking area; that the drainage plan shall be submitted for review and approval by the City Engineer; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residential area and in accordance with City Ordinance, Section 11-2-414.D.3; that all construction shall conform to the requirements of the Americans with Disabilities Act and that the sanitary sewer and water to this facility would be by means of existing service lines and that assessments will be reviewed during the building plan review process; that the comments from the Planning and Zoning Administrator, Shari Stiles, were specifically that the Ada County Highway District approvals for use within the public right-of-way shall be submitted to the Meridian Public Works Department prior to occupancy; that landscaping should somehow be incorporated along East First Street and Pine; that a Certificate of Occupancy is required prior to opening and will be contingent upon meeting all zoning, building codes, public works, Central District Health and Fire Department regulations and that a lack of off-street parking for this project is of primary concern; that although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 12. -That the Meridian City Police Department, City Fire Department, Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 4 incorporated herein as if set forth in full. 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 14. That no other testimony was offered regarding this application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 5 conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer and the Planning and Zoning Administrator must be met and complied with. 6. That all Ordinances of the City of Meridian must be met, including but not••limited to, the Sewer Ordinance and Pre-Treatment Ordinance, Uniform Building Code, Uniform Fire Code, Uniform FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 6 .. Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, and all parking and paving requirements. 7. That the structure on the property must be brought up to all codes prior to issuance of an occupancy permit. APPROVAL OF FINDINQ~B 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 Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 7 ~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, CHy Treasurer GARY D. SMITH, P.E. City Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P R Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chlsf WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (ZOB) 8884433 • FAX (206) 887-4813 Public Works/Building Department (208)887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT w. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 10, 1995 TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17!95 REQUEST: Variance request for Paisiano's Restaurant BY: Albert 8~ Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE comer of E. 1st and Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ _ OTHER: YOUR CONCISE REMARKS: L.c~ ~ ~ ~. ,' ' , -.~:.~, ~ I t~' ~5 e" ~ ~~'°~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) Albert W and Susan M Berner and Marie D Nanni phone: 208-888-5447 NAME: (Owner or holder of valid option) ADDRESS: 906E 1st St. Meridian ID 83642 GENERAL LOCATION: Old Town District/N. E. corner of E 1st and Pine St. LEGAL DESCRIPTION OF PROPERTY: Attachment PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. OT PRESENT ZONE CLASSIFICATION: ~ residential and limited office VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: Variance to allow on street parking Variance to permit limited outdoor seating with permission from Ada County Highway District also. Waiver from state regulation that beer/wine license can not be issued if within 300' of a church or school unless waived by local government i.e. city I hereby certify that the information contained herein is true and correct. SIGNATURE• ~ ~' - Date Received Received by C~ Council Hearing Date City of Meridian -Application for variances and waiver. 1.906 E. 1st St, Meridian ID 83642 2. Albert W. Berner and Susan M. Berner, 2050 W. Sandalwood Dr, Meridian ID 888-5447. Marie D. Nanni, 1046 Tammy Dr, Meridian ID 83642, 888-9689. 3. Loyd E and Sally M Jones, 1420 Elm Pl, Meridian ID 83642, 888-1268. 4. See attachment A. 5. See attachment B. 6. Present use of subject property is Val's Furniture and Appliance store. 7. Intended use of subject property is Paisanos' Italian Restaurant, full service family restaurant. 8. The district that pertains to the subject property is Old Town District. 9. See attachment C. 10. See attachment D, the only exterior construction will be to vent kitchen appliances and add a awning. The interior will be remodeled to accommodate a restaurant kitchen, restroom (ADA compliant), and redecorate to provide pleasant seating for customers. 11. See attachment ~ c Note at this point that the application addresses two variances and one waiver. Answers to items 12 - 22 will show A, B and C. Item A will address the waiver from state regulation that requires a 300' distance from a church or school for granting abeer/wine permit. Item B will address the pazking variance. Item C will address a variance for outdoor seating during wazm weather. 12. (A). The proposed restaurant location is situated less than 300' of Valley Shepherd Nazazene Church. (B). There is no off street parking for the subject property, and limited mazked pazking spaces in front of and on adjacent streets. (C). We desire to accommodate additional customer seating during months when weather permits by providing outdoor seating. We know that this also requires permission from the Ada County Highway District. 13. The minimum requirements of this ordinance that need to be reduced to permit proposed use aze (A). Waiver of state requirement with reference to distance of 300' for issuance of beer/wine license. The distance requirement needs to be reduced in this case. (B). Allow restaurant patrons to park on side streets, such as Pine St and use of marked pazking spaces both on the east and west side of E. 1st St. (C). Permit limited outdoor dining during warmer weather. 14. The difficulty of applying requirements of this ordinance to the subject property are: (A). Without abeer/wine license, revenue would be reduced by 15% or more, possible closure of the business (B). Without additional permission for on street parking, a reduction in revenue and possible closure of the business. (C). Although there is no difficulty without permission for limited outdoor seating, it would help increase seating capacity and possibly revenue. 15. The circumstances which indicate that regulations of this ordinance should not be strictly complied with are (A). Phone conversation with Pastor Cox at Valley Shepherd on 9/6/95. Pastor Cox allowed that the church would take a neutral stand on issuance of beer/wine license and the 300' requirement and not oppose it. He will verify this information if contacted. We explained that this was to be a family restaurant with focus on serving food not alcohol. There is never any plan to ask for distilled spirit license. The hours of operation of the business will have it closed on Sundays as well. (B). A majority of existing businesses in the Old Town district do not have off street parking, many rely strictly on the on street parking. Relative to existing businesses there is much more pazking available at the proposed location of the business. (C) Not applicable. 16. The special conditions and circumstances that exist which aze peculiar to the land involved which are not applicable to other lands in the same district are: (A). Only a few of the businesses that exist serve beer and wine, and we intend to be a food establishment first and foremost. (B). Limited parking in Old Town for all lands and structures currently exist. (C). There is adequate sidewalk space at the subject location for some outdoor seating with consent from ACHD. 17. A literal interpretation of the provisions of this ordinance would deprive the applicant's of rights commonly enjoyed by other properties in the same district under its terms by (A). Denial of waiver on beer/wine license due to the fact a church is less that 300' away. A check with the Alcohol Beverage Control at the Dept of Law Enforcement reveals that many local governments in Idaho grant waivers from this requirement. Due to the nature of the proposed business the emphasis is on food service in a family setting with appropriate hours of operation. (B). The majority of existing businesses in Old Town do not have off street parking available, and in fact do not have as much on street parking as the location we are proposing. (C). There is currently one business that has outdoor seating with less sidewalk space than at the location we are proposing. 18. The special conditions or circumstances that exist that aze not a result of the applicant's action aze: (A). Not applicable (B). The continued and substantial growth in both business and residential areas of Meridian have created limited pazking opportunities especially in Old Town. However the nature of the district (Old Town) would not seem able to provide building opportunities within the near future, it might be expected to stay relatively the same and thus not add to a parking problem. (C). Not applicable. 19. Granting the waiver and variances requested shall not confer on the applicants any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district (A). There is only one church in the district (Old Town) and it is unlikely that any other has requested and been denied a waiver from the 300' requirement for abeer/wine license. (B). Granting the variances for parking would not convey special privilege. There is no empty land available within the district (Old Town) to put in parking lots. The majority of businesses have only street parking at this time. (C). The granting of a variance for limited sidewalk seating probably would not be sought by the majority of business within the district. However, it may be expected that a food or beverage establishment would wish to provide outdoor seating if possible. 20. The Meridian Comprehensive Plan promotes business, commerce and industry of which the applicants wish to contribute. This type of restaurant does not exist currently and we believe would be a welcome addition to the district and the community. Our own experience and from many we have talked to shows a large number of Meridian city residents going to Boise for dinner especially. It would be nice to keep a few more of them in the community. 21. Fee submitted with application. 22. The granting of the proposed waiver and variances would be convenient and the applicants would expect to profit from them for the following: (A). A beer/wine license would add 15% or more to the yearly revenue of the business. Many customers of a restaurant expect that beer/wine would be served with meals. Therefore not only do the applicants desire this waiver for their own economic viability but the needs of the consumers. (B). The applicants own observations show all of the parking spaces on both sides of E. 1st St, as well as down adjacent streets are not occupied after 6:00 P.M. We also believe that most potential customers do not consider being able to park right next to the door of a restaurant is that important and would walk a block or two if necessary. (C). Additional seating outdoors would add to the profits during four or five months annually but would also provide some charm to the district. DEED OF TRUST (WITH POWER OF SALE) TH[S DEED OF TRUST, Made this 2nd day of May _, 195 BETWEEN, _Lo d._ E -- y-- :__-- -- .el.4ltg$~ILd_$$LlY--.M.._.14nEB,~luSh6nd_an~wift:._-.-.-___.____~.-..,.,..-__._.... herein callctl TRUSTOR, IN~,,,e ,d Troswl .~~@t 'er~}I_~~le CgplR~ny_~~I~a11g~~Sl~~ an I~~~QgIp9Sflt.14II. called TRUSTEE, whose address _ IN~me ,d Tro+kel is __7311 Potomac_ Drive __ Boise ~ Idaho' ._ 83704_-._-__, __ .... ...------- -._.... _ ----. ..._... __ ., and BENEFICIAL MORTGAGE CO. OF IDAHO, e Delaware corporation qualified to do business in Idaho, whose address is -1~99__$9_F1.Yt. M1J,e_.Rd . ._ 1391sg _.__ ______, 1tiEhn-832.02_.-_-_ __ herein called "Beneficiary". WITNESSETH: That Truster does hereby irrevocably GRANT BARGAIN, SELL AND CONVEY 7'0 TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of Ada _.-__ _._.. __, Swte of Idaho conwining not mare than twenty acres, hereafter referred to as the "Property": (See nltuclred Schedule A jor logo! descrfprfnn ojmorrgaged premises) ^ If this box is checked, this Deed of Trust is subject to a prior deed of trust dated _-N/A_-, t9N/A ,executed by -N/A -. ___ ..---..--.---__-- - -- -.-_----.._.__ _ ., as trustor(s) to NLA_ _.._...-...__..--_...__... ,.. _..-- ----...-.-----.-___ _...._.-__.------•-•--.--... .. , as trustee for the benefit of -N/A..-.----•--...._ ,._._. _- ----•- ----•--__._.----.._.......---~------....._..._... ._._ .... ., as beneficiary, securing payment of a promissory note in the principal amount of 5.... _N/A-...._ ...That prior deed of trust was recorded on N/A _ ._____ .. ...-... , 19. N/Awith the Recorder of .. ..N/A..... ... County, Idaho in Book N/A ,page N/A . Far the Pm~pnse of Securing Payment of a Credit Line Account Agrecmcnt of even date herewith, rcl'errcd to hcreaficr as Agrcement'1, h which the aforementioned Dencliciary is obligated to make loans anJ advances, including the Imitial Adv:mcc, up w S ,100x000,00. , referred to hereafter us the "Credit Line", said Agrecmcnt being repayable in Scheduled !"ayntent Amount haymcnts beginning one month from the Jute of rho Agrccment, the nwnbcr of which Ix:ing bascJ on an anntrtiratiun pcrirxl of 360 months, it is the express intcnlion ul'thc parties to this Dccd of Trust that it shall stand as continuing sccuriry until pail fix all such advances wgether with interest thereon. Notwithstanding any other payment dates agreed w by the Truster and the Beneficiary this Dccd el"frost shall tcrmin:dc ?0 years from the date hereof. A. Te prntect the security of this Dccd of 'IYust, '1'rusdrr agrees: 1. 7b keep the Property in good condition and repair; not to rcmovt~ or demolish any building on the Prepcny; 1n complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed on the Property and to pay, when due, all claims for labor performed and materials furnished for the erection of any building; to comply with all laws affecting the Property ar requiring any alterations or improvements to be made on the Property; not to commit er permit wmste of the Property; not to commit, suffer or pcrntil any act upon the Property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably tecessary; the specific enumerations herein not excluding general enumerations. 2. 'ib provide, mainwin and deliver to Beneficiary evidence of fire insurance satisfactory to and with lass payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by beneficiary upon any Indebtedness and in such order as Beneficiary stay determine, or, at option of Beneficiary, the entire amount so collected or any part thereof may be released to Trvstor. Such application or release shall not cure or waive arty default or notice of default hereunder or invalidate any act done pursuant to such notice. ' 3. 7b appear in and defend any action or proceeding purporting to sffect the security of this Decd of Trust or the rights or powers of Beneficiary or Trustee; and to pay all casts and expenses, including cost of evidence of title and attorney's fccs in a rcasenable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. 7b ~)ay at least 10 days before delinyucncy all taxes and assessments affecting the Prepcny, when due, all encumbrances, charges and I ens, with interest, on the Property, which appear to be prior or superior to this Dccd of Trust, ell costs, fccs and expenses of this Trust. 5. 7b pay inttnedirtely and without derttand all sums expended by Beneficiary or Trustee pursuant to the provisions of this Dccd of Trust logethcr with interest from date of expenditure at the Rate of Charge set forth in the Agreement. 6. Should Truslor fail to ntakr. any payment ar to do any act ptnvided far in this Doom of Trust, then Beneficiary or Trasta:, but without obligation so In do, without n,rtice tour Jcnuuul uptm Tnrstor mtd without releasing Tmstor from any obligation urxlcr this t)ccd of 'Trust, tray make or de the sanrc in a'.tch nranncr and w such extent as either miry dcem necessary pt pnxect the s~rurity. Beneficiary ur Trastcc is aullwrirul to enter ulwn the Prolx:ny lix such puryxncs; appear in mxl dcli:nJ arty actiiun or pnxrxding puryxming to ul'Icct the security or the rights or powers of Beneficiary or 'I'rosttx:; pay, pun:httse, contest or campranise any encutnbrarn~e, charge ur lien which in the judgment of cithcr appears to be prior ar superior herea>; and, in cxen:ising any such ptwvers, or, in cnliming this IhtiJ ul"1'nrst by judicial foreclosure, pay nen:ssttry expenses, emphry ctwnscl and pay dtc rcusrmahlc fixs of awnul. li. It is mutually agreed that: I . Any award of damages in connection with any ccndentnation far public use of nr injury to the Property is hereby assigned and shall be paid to Beneficiary who may apply or release sui h moneys received by him in the same manner and with the same effect as above provided far disposition or proceeds of fire ar other insurance. 2. By accepting payment of any sum secured hereby after its due Jate, Beneficiary does not waive its right cithcr to rcyuire prompt payment, when due, of all other sums so secured or to declare default for f:rilurc so to pay. 3. At any time or from time to lime, without liability therefor and without notice, upon written request of Beneficiary and presenwtion of this Deed of Trust and the Agreement for endarsernent, and without effecting the pcrsnnal liability of any person fi)r payment of the Indebtedness, Trustee may (a) recanvey all or pert of said property, (b) consent to the making of any map or plat thereof, (c) join in grrnting any easement thereon; of (d) join in any extonsinn sgrcemcnt or any agreement subordinating the lien ar charge of this Dccd of Trust. , 4. Upon (a) written request of Beneficiary swung that all scans secured by this Decd of Trust have been paid, (b) surrender of this Dccd of Trust and th:~ Agrecmcnt Io 'Tntstcc fix ranccllation and rctemion and (c) paymm~t of its fccs, 9'rustce sh:dl rcconvcy, without warranty, the Pro')erty. The recitals in any reamvcyance cxecuteJ under this Dtxxl of Trust ul' any mmtcrs or facts shall be conclusive proof of the truthfulness thereof. The grantee in such rcconveyance instrument may be described as "the person or perums legally entitled thereto." 5. Upon default by Tnrstor in payment of the Indebtcdncss or in performance of airy agreement under this DeeJ of Trust, all sums secured by this Dccd of Trust shall intmecliately become due and payable, at the option of Beneficiary. In the event of default, Bencliciary shall execute or cause thc'1'rustec to execute a written notice of such default aril of the Trustee's election to cauu to be sulJ the Property to satisfy the obligations under the Agrccment, and shall cause that notice to be recorded in the office of the Recorder of the county in which the Property is situated. Notice of sale having been given as then required by law, with not less than the time then required by law having elapsed, Tnrstec, without demand on Tnstor, shall sell the Property ut the time artd place fixed in the notxx of sale, either as a whole er in separate parcels and in such ort~cr as Trustee may determine, at public auction to the highest bidder for cash in lawful tttoncy of the United KI.4 IU•2n/79/aa, lil. Ikk. '9J i States, payable at time of sstlc. Trustcc shall deliver to the purchaser its decd conveying the pmperty so sold, but without any crncnant or w:tf•runy express or implicef. '1'hc recitals in sorb decd of any matters of facts shall be rnnclusive proof of the truthfulness thereof. Any person, including Trustor, Trusice, or Bcncficiary, may purchase at such sale. After deducting all costs, fec~; and expenses uf'I'rustec and of this Trust, including coat of evidence of title and rcamnahlc rnunsel lets in connection with sale. 'frustce shall apply the proceeds of sale to payment of (a) all sums expended under the Icrms of this Deed of Trust, not then repaiJ, with accrued interest and (h) all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled thereto. 6. This Deed of Trust applies tn, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devises, administrators, executors, successors one( assigns. "I'he term Trustee shall mean the individuals designated herein as '"I'rustce" and each such person shall be authorized to exercise the lxnvcrs of Trustcc individually or collectively. The term Bcncficiary shall mean the holder and owner of the Agreement secured by this Deed of Trust; or, if the Agreement has been pledged, the pledgee thereof. in this Decd of Trust, whenever the context so requires, the nta;sculine gender includes the feminine and/or neuter, and the singular number includes the plural. 7. Trustcc is not obligated to notify any party hereto of pending salt under any other Decd of Trust or of any action or proceeding in which Trustor, Beneficiary or 1'ruslce shall be a party unless brougl t by Trustee. 8. Upon the death of one of the Trustors, at the option of Bcncficiary, the unpaid balance of the Indebtedness, together with accrued interest, may hecnntc immcdiatcly due and payable. 9. In the event of dcadt, incapacity, disability or resignation of any one or more of thc'rnlstccs, Ikncficiary nary suhstitutc a trustee or trusters to execuln the 'Trust created by Ibis Uced ul"I'rusl. and when :toy sucfi suhsliunian has Ix:en tiled for record in the nf(ice of the Rca+rdcr of the county in which the I'mpcrty is situated, it shall be conclusive evidence of the appoinuncnt of suhstitutc uvstec or trustees. 'fhc new u•ustce or trustees shall succeed to all of the p<nvcrs and duticx of the trustee or trustees named in this Uced of 'crust. IQ. Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale hereunder be mailed to Trustor at his address set forth above. I i. If Trustors voluntarily shall sell cir convey the Property. in whole or in part, or any interest in that Property or by sonic act or means divest themselves of title to the Property without obtaining the written consent of Bcncficiary, then Bcncficiary, at its option, may declare the entire balance of the loan plus interest on the balance immcdiatcly due and payable. This option shall nut apply if (I ) the sale of the Property is permitted because the purchaser's creditworthiness is satisfactory to Bcncficiary and (2) that purchaser, prior to the sale, has executed a written asswnption agreement containing terms prescribed by Bcncficiary, including. if rcyuired, an increase in the Rate of Charge. 12. Trustors will pay and keep current the mm~thly instalments on the prior decd of tntst and to prevent any dcf:ndt Utcrcundcr. 'Trustors further ngrcci that should any dcfauh be made in the paynunt of any instalment of principal or any interest on the prior decd of trust, or should any shit be conuncncc<I nr other action taken to foreclose the prior decd of trust, then the amoum secured by Ibis Decd of Trust shall become and be due and payable in full at any time thcrcaRcr, at the option of Bcncficiary and in accordance with the Agreement. Beneficiary, at its option, may pay the scheduled monthly instalments on the prior decd of trust and. to the extent of the amount so paid, become subrogated to the rights of the beneficiary identified in the prior decd of trust. All payments made by Beneficiary on the loan secured by the prior decd of trust shall bear interest at the Roc of Charge until paid in full. 13. Mortgagor warmntx that (I) the Pmperty has not been used in the past and is cwt prescntly used for h:vardous and/or toxic waste, (2) the Property complies with all I'cderal, state anti Incal environmental laws regarding ha~~rdous and/or toxic waste, (3) asbestos has not been used as a building material on any building erected on the Property in the past, (4) the Pn+pcrty is not prescntly. used for asbestos storage and (5) the Mortgagor complies with ail federal, state and local laws, as well as regulations, regarding the use and storage of nsbcstos. 14. Mortgagor covenants an J agrees to comply with all federel, state, and local environmental laws in the maintenance and use of the Property. IS. Mortgagor warrants that neither the Property nor the loan proceeds were tx will be used in illegal drug activity, and the Property is not subject to seizure by any grnerntnental authority because of any illegal drug activity. IN WITNESS WHEREOF, Trustor has set his hand and affixed his seal on the day and year first above written. Signal, scaled and cfclivcrcd in the presence nf: Witecss wi111C.SE Lo Jon tscnt- Sa ly M. JoMtt~ewa ISceb 7 t.SC8t1 (Se.q STATE OF.IDAHO, COUNTY OF STATE OF IDAHO, COUNTY OF On this . ___ _._.._...._.___. day of _. __':, .__._.._ . , 19..-_., (HEREBY CERTIFY That this instrument was filed for before toe, a Notary Public in and for slid State, personally record at the request of the Beneficiary BENEFICIAL appeared -_._. MORTGAGE CO. OF IDAHO at ._ minutes past _... o'clock . __.-.r_~-_.._..._._.. - •- ------~-- _-- . __---_.--°.•_M., this . __..._. _ day of .... _~.._......_., subscribed tu. the within inslrutncnt, :md ocknrnvlcdgcd to me that he/shelthi;y executed the same. _......._____ __.._ ..__._ __ _._. _.__._ .. _. _. _..... 19....... in my offrce, and duly recorded in Btxl known to •Ilnc to be the person(s) whose name(s) is/arc of Mortgages at page _ Notary l'uPlir Residing al .._ _...... ... Idaho. /u•n~ria Rrrnrdrr By 1)ry,u(r Fccs $ Mail to: BENEFICIAL MORTGAGE CO. OF IUAllO THE CIiEUI'1' LINE ACCOUNT AGREEMENT, ANU AiVI' EVIUEIVCES OF FUIiTIIER ANU/Uli AllU11'IONAI, AI)VANCCS, MUST BE PRESENTED WITH TIIIS REQUEST T0: ~__._.._~---- - -- You arc ~hcreby oulltorixccl encl requested to execute n rcconvcynnco horcunder and deCner same to DENEFICIAL MORTGAGE CO. OF IDAHO.. The undersigned hcrelly ccrti(ica that beneficiary is the owner and holder of the debt mentioned in this Deed of'frust and that the same hoe never been aaeigned or trana[erred. Attest: O BENEFICIAL MORTGAGE CO. OF IDAHO By - Viee Fre~idem (Seel) Secretary JV111'.U UI.a:. Ii DESCRIPlZON OF REAL PROPERTY ~f~c~;~h~2~.f ~ The South 80 feet of Lots 1, 2, and 3 in Block 2 of F. A. NOURSE'S FIRST ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 2 of Plats at Page 53, Official Records of Ada County, Idaho. `~1T S ----- --~ f ~ ~ 1 ~. ~-. 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I f L s I 1 f_~ ' L1 I_ l~ 0 vL I-, ~ ~ L. ;M ~ I ! ~ ~ j $ ` S TH T~ F~ vE. ~ Q M F,j rT, (~j - ~ °.. ; ~ !« I j ,. m I ~ n 4 6 ~ Tf r/2' ~L~i~.~ 112 ~ 7 I ~~ I I ~ ~ 1_~~_l J t - I I -- - ~ ~ ,-- - - ~ y! e ~ ~ y 3 r l ~' 6 , I ra r rd ~ . .I ~ e• .~ 8c 90' f e' __ , ~ r i~ ~' D 2 ~` ,. of Q , 0°• 86 aO ' t ° ~ ~ ~~ n. , ° c: i ,. .e - . t F` ~ _ 9~ rwtrN~~ i~~i~h~°rn~nw~i in~ •2~ I -/6C. -- - -.2 t- y r------. _ ..._._. ------1 -z~- l -%6B- F------~ -z~- . ~' s _~if I •0., • .- + c ~ '„ ~'~ 8 . =am fee 5 5 ~ - O . b . I I 'NE S ~ . •- ~i~ra:~ ~~ -- _ .~ _s a~ -~ ~~$'~ i ~~ .~ ~~ ~ - -_- -_ ._ .a., -~ t I ~__ .. .__ _. _ ~, ~---1f i ....+ j~: . _ ~ a. "; ~~"` ~~ I ~ _ ~~ t ~ _,,.._._._.` 1 I ~---"" ____~ i rl..-~.____ ~~ ~r, ,,, -~ ~; +~ ~' -+L ,~ .: ~~ o r~ ~l ~~ ~i i~ 1 ~__. 1,y .; ; -k .~ ` I ~ ~ ~,_~ ~ _~ \~ + ~~ ~, ,~ ;. u~ \. ~ ~ ~______~._._ __r__. ---~ 1 .....~. ~.. ----~1 ! J _._._ 6 1~ v_' i y~ .~ ~P .~ ~` OFFICIALS WILLIAM G. BERG, Jr., City Clsrk JANICE L. GASS, Clty Troasuror GARY D. SMITH, P.E. City Enpfneer BRUCE D. STUART, Water Worke Supt. JOHN T. SHAWCROFT, Wasts Weter Supt. DENNIS J. SUMMERS, Psrks Supt. SHARI S. STILES, P fi Z Adm. KENNETH W. BOWERS, FIre Chief W. L. "BILL" OORDON, Police Chlsf WAYNE G. CROOKSTON, JR.. AHomey 33 EASE IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. IQNGSFORD Mayor COUNCIL MEMBERS RONALD R. TOL8MA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMI8SION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a full service restaurant BY:Albert 8: Susan Berner and Marie Nanni LOCATION OF PROPERTY OR PROJECT: NE corner of East 1st St. and Pine St. _JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER ,., ~ ", HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES C~~ ' CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: A1b~=. t Wand Susan M Berner and Marie D Nanni PHONE: 208-888-5447 ADDRESS: 906 East 1st St. Merdian ID 83642 GENERAL LOCATION: old Town District/N. E. corner of East 1st St and Pine St. DESCRIPTION OF PROPOSED CONDITIONAL USE: Operation of a full service family restaurant. Name is Paisanos' Italian Restaurant. ZONING CLASSIFICATION: R/4 residential and limited office. 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 (submit 35 copies). ,~ ,~ I certify that the information contained herein is true and correct. ..-~ ~ ~ CFA ~'~C , ~~P.rrs r7 ~/ ~~'~ /l.' ~~ ~: Signature of Applicant 197-42-4001 Social Security Number ~ i consent to the conditional use of the de~ cr ~l p~bperty~ for a family restaura LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK LOT TO City of Meridian -Application for a conditional use permit. 1. Albert W and Susan M Berner, 2050 W Sandalwood Dr, Meridian ID 83642-1369 (208) 888-5447 Marie D Nanni 1046 Tammy Dr, Meridian ID 83642 (208) 888-9689 2. Loyd E and Sally M Jones, 1420 Elm Pl, Meridian ID 83642 (208) 888-1268 3. See attachment A. 4. See attachment B. 5. Retail, Limited office 6. Val's Furniture and Appliance 7. Family restaurant 8. Old Town District, ae~ec~-4; limited office. 9. Attachments C. 10. The characteristics of the subject property which make a conditional use desirable aze, 1. Good visibility due to high vehicular and pedestrian traffic. 2. Sufficient square footage to operate a small (approximate seating for 60) family restaurant. 3. Established water, sewer, gas and electric services. 4. There is a lower density of vehiculaz traffic relative to other potential sites for this type of business. 11. Attachments D. 12. Check # 2533 attached as payment of applicable fees. 13. The above named applicant's/user's of the subject property hereby agree to payment of any addtional sewer, water and trash fee's or charges associated with the proposed conditional use. DCSCRIP'iION OF REAL PROPERTY The South 80 feet of Lots 1, 2, and 3 in Block 2 of F. A. NOURSE'S FIRST ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 2 of Plats at Page 53, Official Records of Ada County, Idaho. `~1T S DEED OF TRUST (WITH POWER OF SALE) THIS DEED OF TRUST, Madc this __-2nd.-- -.-__- day of -._May-___.____-, 19._45 -_ BETWEEN, ..L~yd P. _-...... ~tStL~d_Selly..-M._.,IQnIIS.._hushand_and._wife._-.__-__...-___.___,___--____-.--__--.,-.. herein crllcd TRUSTOR, IN~me „( Tusunl _First 'eri~p_~it~e~ompapy__of ~~~,_~p~,~ an I~~h~~gXRSZi$!<14II. called TRUSTEE, whose address ~NOme nr T,uxNel is ._ 7311 Potomac__Driye-_-,.Boise,, Idaho __83704_-,..___- _. ,and BENEFICIAL MORTGAGE CO. OF IDAHO, a Delaware corporation qualified to do business in Idaho, whose address is ._15Q4._&sr_F1.Ye_Mile.. Rd . _ @9i5g _...-._ --_., .IsiBhQ_$3.702v_-._ ~_.._ herein called "Beneficiary". WITNESSETH: That Truslor does hereby irrevocably GRANT BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of _ Adg_-..•_, _ ___-_ _.-.__, State of Idaho containing nut more than twenty acres, hereafter refcrrecl to as the "Property": (Sec armdteJ Schedule A jot {ega! description of mortgaged prernises) ^ !f this box is checked, this Dced of Trust is subject to a prior deed of trust dated ___-N/A-_..__, 19N/A., executed by -N/A-----. ._-----....__....-_ __ - ---•---•------------------------..._._..__._......... _ ., as trustor(s) to N/A-~ _..__ -------...---... .,- ---- ----..._.--..-..___ ..-_-.-....-• ------. ___ _ .. . as tnrstcc for the benefit of __.N/A.._-------._-._..... _._...._.. -•-.--_ .,.-------._...--.- -.-..... _.... -.._...._._.._ ...__ .-. , as beneficiary, securing payment of a promissory note in the principal amount of 5... -.N/A.-..._.. _ ... That prior deeJ of trust was recorded on N/A ....-.__._ - .....__.... , 19 N/Awith the Recorder of ...N/A __.. _•- ,County, Idaho in Book N/A , page N/A .. For the Pm~pose of Securing Payment of a Credit Line Account Agreement of even dart herewith, referred to hcrcafter as "Agreement' , by which the afi~rementiuned Beneficiary is obligate) to make loans and advances, including the lntitial Advance, up to g 100,000_00 rc(crrcd to hcrcafter as the "Credit Line", said Agreement being repayable in Scheduled 1'eynurn Amount 1'ayntents beginning one nunUh from the d:nc of the Agrccmcnt, the numhcr of which being based on an a:mlrtlzatlUn period of 360 months, it is the express intention ol'thc parties to this Dccd of Trust that it shall stand as continuing security omit pail Ihr all such advances together with interest thereon. Notwithstanding any other payment dates agreed to by the Truslor and the Beneficiary this Ueed of Trust shall terminate 20 years front the daft hereof. A. To protect the security of this Ueed of 'frost, Trusdrr agrees: 1. 7b keep the Property in good condition and repair; not to remove: or demolish any building on the Property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed on the Property and to pay, when due, all claims for labor performed and materials furnished for the erection of any building; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer or permit any act upon the Property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune anJ do all other acts which from the cftaracter or use of the Property may be reasonably necessary; she specific enumerations herein not excluding general cnunterntions. 2. To provide, maintain and deliver to Beneficiary evidence of fire insurance satisfactory to and with loss payable to Bcncficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Bcncficiary upon any Indebtedness and in such order as Beneficiary may determine, or, at option of Beneficiary, the entire amount so collected or any part thereof may be released to Truslor. Such application or release shall not cure or waive atry default or notice of default hereunder or invalidate any act done pursuant to such notice. ' 3. To appear in and defend any action or proceeding purporting to :,ffect the security of this Decd of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in n reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. 7b ~7ay a1 least 10 days before delinquency all taxes and assessments affecting the Property, when due, all encumbrances, charges and I ens, with interest, on the Property, which appear to be prior or superior to this Dccd of Trust, all costs, Pecs and eztxmes of this Trust. S. 7b pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions of this Dced of Trust together with interest from dote of expenditure at the Rate of Charge set forth in the Agrccmcnt. 6. Should Trvstor fail «~ make any payment or to do any act prcrvidal for in this Dccd of Trust, then Bcncficiary or Tnrstec:, but without obligation ut to do, without n,dicc to or demand upcm Truster and without releasing Truslor Ihnu any ohligation wxlcr this Ih:al of 'Trust, may make or do the same in s'.tch manner and ur such extent as either may deem necessary «t pn»ect the ucuriry. Benelfciary or Trustcc is authorized to enter upcm the Prolurty lin• such puryxnes; appear in and dcl'cnJ any xtion ur pnx:ceding purlxntinE w aflcct Urc sa:urity or the rights er Ixnvers of Bcncficiary ur'Ihrstec; pay, purchase, contest or compromise any encmnbrancc, charge ur lien which in the judgment of either appears to lx: prior or superior hereto; and, iri exercising any such pnvcn, or, in enlirning this IhxAi of"I'nrst try judicial forccloxure, pay ncccssnry expenses, employ cuunul and pay the rcaamablc fees of counsel. B. It Is mutually agreed that: 1. Any award of damages in connection with any condemnation for public use of or injury to the Property is hereby assigned and shall be paid to Bcncficiary who may apply or release sac h moneys received by him in the same manner and with the scum c(fect as above provided for disposition or proceeds of lira or oth:r insurance. 2: B'y accepting payment of any sum secured hereby alter its clue date, Beneficiary does not waive its right either ur rcyuire prompt payment, when due, of nil other sums so secured or to declare default for I'uilurc su to pay. 3. At any time or from time to time, without liability therefor and without notice, upon written rcyucst of llencficiary and prescntation of This Dccd of Trust anJ the Agrccmcnt for endorsement, and without affecting the personal liability of any person for payment of the Indebtedness, Trustee may (a) rcamvey all or part of soil property, (b) consent «: the making of any map or plat thereof, (c) join in granting any casement thereon; o'r (d) join in any extension agreement or any agreement subordinating the lien or charge of this Dccd of Trust. 4. Upon (a) writtct' request of Bcncficiary stating that all sums secured by this Deal of Trust have hecn paid, (b- surrender of this Dccd of Trust and th~~• Agrccmcnt to 'I'ruxtec lin• cancellation and retention and (c) p:rymcnl of its fl`ds, 'I'rustec sh:dl rea+nvc)•, without warranty, the Pr'i~ ierty. 'I'hc recitals in ;ury rceunveyancc executed under this Dcxcl of"I'rusr of any matters ur facts shall be conclusive proof of the truthfulness tha•eol'. The grantee in such reconvcy:mce instrument may be Jcscribed as "the Ixnon ur persons legally entitled thereto." 5. Upon default by Truslor in pryntcnt of the IndcMcdncss or in performance of any agrccmcm under this Dcal of Trust, all sums secured by this Uwd of Trust shall inuncdi:dcly Ixcootc due and payable, at the option of Bcncliciary. In the event of dcl'auU, Bcncficiary shall execute or cause the'I'nrstee to execute a written netirc ol'such default and ol'the Trustee's elcctien w cause to be solJ the Property to satisfy the obligations under the Agrcentem, and shall cause that notice to be recorded in the oflice of the Kecordcr of the county in which the Property is siurated. Notice of sale having been given as then required by law, with not less than the time then required by law having elapsed, 7hrstcc, without demand on Tntstur, shall sell he Property at the time and place fixed in the notice of sale, tither as a whole or in separate parcels and in such Dreier as Trustcc nay dacrmine, at public auction ut the highest bidder for cash in lawful money of the United al. J IU4n/79lri0, IiJ. IN:c. '91 St:ne:,, payable at time of s:de. '1'rusice shall deliver m the purchaser its decd conveying the properly sa sakl, but without any ccwenmu dr warranty express or implied. 'I'hc recitals in such decd of any matters of facts shall be conclusive prarf of the truthfulness thereof. Any person, including Trusax, Trustee, or leneficiary, nny purchase at such sale. After deducting all casts, fees and expenses of"Trustee and of this Trust, including cost of evidence of title and rcasonahle counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of (a) all sums expended under the Icons of this Decd of Trust, not then repaid, with accrued interest and (b) all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled thereto. 6. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devises, administrators, executors, successors and assigns. '1'hc term Trustee shall mean the individuals designated herein as "'1'rustce" and each such person shall be authorized to exercise the pcnvers of'frustee individually or collectively. The term Beneficiary shall mean the holder and owner of the Agrecmcnt sccurcd by this Deed of Trust; or, if the Agrecmcnt has been pledged, the pledgee thereof. In this Decd of Trust, whenever the context sa reyuires, the mN culine gender includes the feminine andJor neuter, and the singular number includes the plural. 7. Trustee is not obligated to notify nny party hereto of pending sale under arty other Decd of Trust ar of any action or proceeding in which Trustor, Beneficiary nr Trustcc shall be a party unless brougl t by Trustee. 8. Upon the death of one of the Trustors, at the option of Beneficiary, the unpaid balance of the Indebtedness, together with accrued interest, may become immcdiatcly due and payable. 9. In the event of death, incapacity, disability ar resignalian of any one or more of the Tnlslccs, Beneficiary may suhstitutc a trustee nr trustees to execute the'I'rust crc:dcd by This Uced uf'I'rust, and when any such substitution has been tiled for rccorcl in the office of the Recorder of the county in whidt the Prupcrty is situoted, if shall he conclusive evidence of the al>troinunem of suhstitutc u~ustcc or trustees. 'fhc new trustee nr Iruslccs shall succeed to all of the powers and duties of the trustee or trustees named in this Uced of 'frost. 10. Request is hcrcby made that a copy of any Naticc of Ucfault and a copy of any Notice of Salc hcrcundcr be mailed to Trustor at his address set forth above. I I. If Trustors voluntarily shall sell ur convey the Prupcrty, in whole or in part, ar any interest in that Property or by some act or means divest themselves of title to the Properly without obtaining the written consent of Bencliciary, then Beneficiary, at its option, ntay declare the entire httlonce ol'the loan plus intcrest on the balance immcdiatcly due and payable. 9'his option shall not apply if (I ) the salt of the Property is pcnnitted because the purchaser's crcditwarthincss is satisfactory to Beneficiary and @) that purchaser, prior a/ the sole, has cxccutcd a written assumption ugrccntent containing terms prescribed by Hcncficiary, itxtuding. if revolted, an increase in the Itatc of Charge. 12. 'Trustors will pay and keep current the monthly instalments on the prior decd of tntst and to prevent any default thcrcundcr. Trustors further agrecl that should any dcl'ault be made in the payment of any instalment of principal ar any intcrest on the prior decd of trust, or should any stilt be canvneneed nr other action taken to foreclose the prier deed of trust. then the amtarnt sccurcd by this Deed of Trust shall become and be due and payable in full at any time ihercafter, ai the option of Beneficiary and in acalydance with the Agrecmcnt. Dcncficiary, at its option, may pay the scheduled monthly instalments on the prior decd of trust and, d, the extent of the amount so paid, become subrogated to the rights of the beneficiary identified in the prior deed of trust. All payntcnts made by Beneficiary on the loan sccurcd by the prior decd of trust shall bear intcrcst at the Rate of Charge until paid in full. 13. Mortgagor warrants That (I) the Property has not bccn used in the past and is not presently used fix hazardous and/or toxic waste, (2) the Properly complies with ell federal, state and local environmental laws regarding hazardous and/or toxic waste, (3) asbestos has not bccn used as a building material on any building erected on the Property in the past, (4) the Property is not presently used for asbestos storage and (5) the Mortgagor complies with all federal, state and local laws, as well as regulations, regarding the use and storage of asbestos. 14. Mortgagor covenants an.l agrees ter comply with all federal, state, and local environmental laws in the maintenance and use crf the Property. I5. Mortgagor warrants that neither the Property oar the loan proceeds were or will be used in illegal drug activity, and the Property is not subject to seizure by any gaverntnentnl authority because of any illegal drug activity. IN W[TNESS WHEREOF, Trustor has set his h:lnd and affixed his seal on the day and year first above written. Signed, sealed suet delivered in the presence af: witness Lo Jon (Seal! Sa ly M. Jones // Iseat) //te '~'~ /// i~ willleas (SCat) STATE OF IDAHO, COUNTY OF j - On this . --_°-°--_-.-•_. day of -. _.. ~ . __..__... , 19.-_., before me, a Notary Public in and far said State, personally appeared ------------------...--...___.. _ ........~~-- ------- - _ _. ...-I--• . .. ._ ._ _..._. _...__. known to •thc to be the person(s) whose name(s) is/arc subscribed tuthe within instnuncnt, and ncknrnvlcdgcd to me that he/she/they cxccutcd the same. ---Nnarn~ 1'uhlir Residing at _.. _.... _...__...... .. ._ Id:dto. (Swp STATE OF IDAHO, COUNTY OF 1 HEREBY CERTIFY That this iratrument was fled for record at the request of the Benefrciary BENEFICIAL MORTGAGE CO. OF IDAHO at ._ minutes past ._... o'clock _. _ _._..._----.-_-M., this - --....... _ day of ___._._.._ . 19... ... in my office, and duly recorded in Book __ .. , of Mortgages at page ---~li, ~l1//irin Nrr~nrdrr Dy Irrynrn• FCCS Mail to: BENEFICIAL MORTGAGE CO. Ul' IUAIIO 'FIIE l:liEUl'I' LINE ACCOUNT AGREEMENT, ANI) AN1' EVIDEN(:I:S OF FUIITIIEIi ANU/()Ii AllUI't'lUNAI. ADVANCES, d1UST lIE PIiESENTEll W1TIi THIS ItE(?UES7' _ , 19_ You arehcreby authorized and requestod to oxecuto a reconveyance hcrcundcr end deliver same to BENEFICIAL MORTGAGE CO. OF IDAHO.. The undersigned hcrcby ccrtifios Ilse beneficiary is the owner end holder of the debt mentioned in this Deed of'I)•ust and that the same hs never been assigned or transferred. Attest: ^ BENEFICIAL MORTGAGE CO. 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