HomeMy WebLinkAboutCity Clerk Checklist!CITY CLERK FILE CHECKLIST
Project Name: Busted Shovel
Contact Name: Stephen Sherer
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
File No. AP 07-004
Phone: 887-4800
Hearing Date: N/A
and
May 29, 2007
❑ Planning and Zoning Commission Recommendation: ❑ Approve ny
Notes:
City Council Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
❑ City Council Action:
Hearing Date: June 26, 2007
May 29, 2007
06/04/07 and 06/18/07
ki
Approve Deny
❑ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:
❑
Approved by Council:
�❑
Copies Disbursed:
Findings Recorded
Development Agreement:
❑
Sent for signatures:
❑
Signed by all parties:
❑
Approved by Council:
❑
Recorded:
❑
Copies Disbur d:
0
Ordinance No. Reso uti6n No.
❑ Approved Ane-
u il.
❑ Recorded: o days
❑ Published inpaper:
❑ Copies Disbursed: ,
Notes:
Resolutlone:
Q'iginal Res/COPY Cert Minutebook
COPY Res/Copy Cert City CI -
Cut, Engineer
Ciy Planner
Ciy Allomey
Sterling COC16—
PrgectFlle
Deputy clerk
CO, Res/ Original Cer,.
Ade COunty (CPAs)
APPlicanl (non -CPAs)
Recorded Ordnances.
Criglnal "null
Copies ro: Ciy Clem
Stets T. C—
S., Treasurer, Audlor, Ag Or
Sterling COdhe
City ApOmey
Ciy Engineer
City Planner
Project file
APPlicant (if appl.>
Deputy CIeM1
Findnps / Orders:
Original: Minulebook
Copies ro: APPlicant
Project file
Ciy Engineer
Ciy Planner
City A—W
Deputy Clerk
Record Vacation Findnpe ••
Recorded Development Apreem .nh:
Cnginal. Fireproof File
COP. N'.APPbcanl
Project file
Ciy Engineer
Ciy Planner
Cu, A.—y
Deputy Clerk
r
CITY OF
TRANSMITTALS TO AGENCIES FOR - COMMENTS
C>W6Yll�i'I -w DEVELOP TS ON
i
IDAHO �� DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
i4 rREsUHEvY SINCE �To insure that
your comments and recommendations will be considered by
MAYOR 1903 the Meridian City Council please submit your
Tammy de Weerd comments and recommendations to Meridian City Hall
CITY COUNCIL MEMBERS Attn: Will Berg, City Clerk, by: June 19, 2007
Keith Bird Transmittal Date: May 30, 2007 File No.: AP 07-004
Joseph W. Borton Hearing Date: June 26, 2007
Charles M. Rountree
Shaun Wardle Request: Public Hearing - City Council Review for an Appeal of approved
CUP 07-004 to allow for the operation of a drinking establishment in an
CITY DEPARTMENTS O-T zone for the Busted Shovel
City Attorney/HR
703 Main street By: Sherer & Wynkoop, LLP
898-5506 (City Attorney) Location of Property Project: 704 N. Main Street
898-5503 (HR) P Y or J
Fax 884-8723
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579 / fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6854
Police
1401 E. Watertower Lane
888-6678 / fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500 / fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191/fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 / fax 884-1159
Steve Siddoway (no FP)
David Moe ono FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services(No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office(FP/PP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,cUP)
Qwest (FP/PP only)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
Sourth of RR / SW Meridian:
NW Pipeline
CITY MALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK -FAX 888.4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119
Printed on recycled paper
3, rta,
�., G�
Planning Department
COMMISSION & COUNCIL REVIEW APPLICATION
ype of Review Requested (check all that appl
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Permit Modification
❑ Design Review
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Rezone
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
❑ Vacation (Council)
❑ variance
0therReyl6W t1i p�CW0nPya.( O� CUP 07-co4
t Information
STAFF USE ONLY:
File number(s):
_ .
Project name:
Date filed:
compl
Assigned Planner:
Related files:
Hearing date: ElCommission,�ouncil
Applicant name: 5HE7RE12 y N�-pPhone: � I i _5�7� yQQ�
Applicant address: 73O N. A I N 57 . MEIN 1b / ANJ
Zip: 8 3 Zk't-.l 2
Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned GirOth"eF3r SfNEs$ji d�
VbUCT
(�( IHME�bIAM VICIN1Ty
Owner name: 5[ 4 E E R I N Ll N V.pnR LLP
Phone:
Owner address: 7*3 N.NA1) s(' N1ERt1jiAI�f,
—� Zip: 834p'42.
Agent name (e.g., architect, engineer, developer, representative): �'lj��{EN —�- S�iE-RFi2
Firm name: ZHC 4`� � W u N KO<5�> . (L,a
Address:
%3v i�JMfl . , Phone: �87_A/8nn
� � ��, l„p
Zip: 8y Z
Primary contact is: Applicant ❑ Owner El Agent ❑ Other
Contact name: _ `> RE r-A —f
E-mail: SSA �� Phone: ar/_y�)
Fax:
Subject Property Information
Location/street address:
Assessor's parcel number(s)
60o s,JS"
Township, range, section: - 3 N _R�rc S 7
Current land use: -B K-"jZ
Total acreage: , 05
Current zoning district: PT 20NF-
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1
''YIZGi1 WE
Planning Department
�3
CITY COUNCIL REVIEW ■ Application Checklist
ect name: City Council Review of CUP 07-004
File #
licant/agent: SHERER & WYNKOOP, LLP / Stephen T. Sherer
All applications are required to contain one copy of the following:
jAppliqcant Description Staff
Com leted & si ned Commission & Council Review Applica
tion��)�
Narrative fully describing the proposed request, including buthe following:
➢ Address who the affected party is and how they are
➢ Describe the decision that is requested to be reviewecil➢ Include file numbers of any and all applications thatthis request➢ An information that su orts this re uest
Scaled vicinit ma showin the location of the subject ro e1
Fee
All requests for City Council review of the Director's decision or Commission action must be filed within 15 days of
the date of the letter issued by the Administrator of the decision.
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE (NOR WILL A PUBLIC HEARING BE SET)
UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION.
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 9121106)
u
Project/subdivision name:
General description of proposed project/request: CUP FOR -5N-R
Proposed zoning district(s): 0 T -D I
Acres of each zone proposed: , ds
Type of use proposed (check all that apply):
❑ Residential Gd"Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): NONE
Who will own & maintain the pressurized irrigation system in this development? 1J / A
Which irrigation district does this property lie within? t( /A
Primary irrigation source: N'/A Secondary: Al /A
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): NIA
Residential Project Summary (if
Number of residential un!I_
Number of common and/or of
Proposed number of dwelling
1 Bedroom:
lots:
Minimum square footage of structure(s)
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space:
Number of building lots:
multi -family developments only):
garage):
2 or more Bedrooms:
Proposed building height:
Average property size (s.f.);
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
Type of open space provided in acres (i.e., landsca in \
p g, public,
Chapter 3, Article G, for qualified open space)
Type of dwellin s N
g() proposed: ❑ Single-family ❑ Townhomes
Non-residential Project
etc):
Duplexes ❑ Multi -family
Number of building lots:
Other lots:
Gross floor area proposed: 2,3 �{ ) 5, F. Existing (if applicable): 2 3Lld S F
Hours of operation (days and hours):_ I I d,,m _ (
Percentage of site/project devoted to the following: Building height: St /1Q (�_Q 51PN
Landscaping: NONE Building:_ NDNE Paving: Nr)Nit
Total number of employees: , tlIcn6wrt Maximum number of employees at any one time: ty1k nfjZLrn
Number and ages of students/children (if applicable):
. j111K4WWY1 Total number of parking spaces provided:— E _ Seating capacity: tt,rli[wtp�wyt
Number of compact spaces provided: N d n(
Authorization
Print applicant name:
Applicant signature: J
It r� �P
!�
660 E. Watertower ne, S Date: Q
Phone: 208 884-5533 . 202 ' Meridian, Idaho 83642
( ) Facsimile: (08) 888-6854 • Website: www.meridiancity.org
2
(Rev. 9121106)
Stephen T. Sherer
David E. Wynkoop
Attorneys at Law
Law Offices
SHERER & WYNKOOP, LLP
730 N. Main Street
P.O. Box 31 Phone 208-887-4800
Meridian, Idaho 83680-2604 Fax 208-887-4865
NOTICE OF APPEAL
May 18, 2007
City Council
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Sonya Watters
Associate City Planner
City of Meridian
660 E. Watertower St., Suite 202
Meridian, Idaho 83642
Re: CUP-07-004
The Busted Shovel
Conditional use Permit for the operation of a drinking establishment
in an O-T zone, by William Kosterman
Dear City Council:
Please accept this letter as a request for review of the decision of the Planning and Zoning
Commission concerning the granting of a Conditional Use Permit to The Busted Shovel.
I am Stephen T. Sherer, attorney at law, and am interested by virtue of the fact that I own
a business and a building in the same block as the Busted Shovel.
As noted in previous correspondence to the Planning and Zoning Commission, the
decision flies in the face of stated policy goals of creating a "pedestrian friendly area". There is
nothing "pedestrian friendly" about The Busted Shovel. In fact, Applicant is in violation of the
License Agreement provided to its predecessor (which License Agreement expired last year and
which The Busted Shovel has not bothered to renew). Harry's Bar and Grill was allowed to
operate a sidewalk cafe as long as it left a 7-1/2 foot walkway. The traffic lane is, at most, 3-1/2
to 4 feet wide. The License Agreement with ACHD also required Harry's to move its
equipment, including its railing and tables and chairs, inside every evening at 10:00 p.m. The
table, chairs and railing were to be located within five and a half feet of the Bar & Grill building.
They have been extended much further by Applicant and Applicant does not even now comply
with removal requirements. The Busted Shovel has now operated 14 months without an ACHD
license agreement.
Meridian City Council -2- `/ May 18, 2007
Meridian Planning & Zoning
There is not even adequate space to comfortably walk two -abreast at the front of the
establishment. The outdoor area is now heavily used for patrons to drink and to smoke. It is
hardly the safe and non -threatening environment that would make pedestrians feel comfortable in
downtown Meridian. When ACHD employees came out to check the railing, it had been moved
back against the building that morning. However, it did leave rust spots on the sidewalk where
the railing had been left for over a year, and even now has been moved back out. Add to that fact
that there are three bars in this block already, and that the current conditional use permit
application would provide an extremely negative appearance as vehicles enter old town from its
south side. These factors militate for the denial of the conditional use permit.
Another reason for the appeal is the parking issue. While the application cites there are
"five private spaces" available to the business, subsequently that statement was withdrawn, with
Applicant acknowledging that the five parking spaces are public parking along the front and
south side of the building. The Applicant also alleged that he had a "verbal agreement" with the
property owner to the east for off-street parking, but apparently has recanted that statement as
well. In conjunction with the parking issue, it is believed that the applicant and his employees
continue to park in and use the public two-hour parking along Broadway, Main Street, and on the
West side of Idaho Independent Bank for times in excess of two hours, while continuing to call
in violations when others park in front of their establishment for more than two hours. By
attempting this "selective enforcement" by calls to the City, applicant is already seeking special
treatment from the City regarding the parking issue, which they seek to exacerbate by catering to
bar clientele.
I have often parked along Main Street (often over the time limit, as there was no
enforcement). Two weeks ago I moved my vehicle forward two spaces because of the
enforcement issue created by Busted Shovel owners. The owner then had two of his
employees/friends/patrons park their vehicles within 2" of my bumpers, front and rear. It was
necessary to call the police to have my vehicle freed. Mr. Kosterman apparently does think he
owns the public parking spaces near his business.
If this is the attitude now, what will happen if the City allows him to continue to operate.
I don't know what he would do to those who continue to try to use "his" spaces, but I imagine it
would not be pretty.
Because of Applicant's absolute flaunting of ACHD requirements, and general attempts
at bullying its business neighbors, I ask that the City Council carefully review their own policies
and plans for the Old Town area, and dEny Applicant's Conditional Use Permit application.
Finally, Planning and Zoning noted in its staff report that off-street parking was required.
The City Council has already begun looking for revenue for parking spaces (see attached
copy of news article). If the City is going to do something with downtown parking, here is a
great place to start. It certainly does not make sense to grant additional CUP'S and waive the
private parking space requirement, then talk about charging new development $10,000 per space.
Let the Busted Shovel provide their parking spaces now.
Meridian City Council -3- May 18, 2007
Meridian Planning & Zoning
Petitioner would ask that Applicant obtain a written agreement with the owner to the east
certifying that he has the rights to use five off-street parking spots for his establishment. Absent
this requirement, and because Applicant has not requested alternate compliance, the Conditional
Use Permit should be denied outright.
Sincerely,
SHE & WYNKOOP, LLP
Stephen . Sherer
STS/jlm
a
U
O
p
u
z
Q
o
o o v U 0 U.
w E
t °' mow.: C _ 0Ou
!� n,0 h �w.3 vi aU+ q.X y =-E S E-CL Cc
O
N . OWbzo
�a�N"wTM:- "m Y
W °° om:: zwcd d
�oNN oA�yw W.- wtDo
3 �q o
A °p a o ❑ >
U x o N r 0
N 0 o m
cz ko m
Py ,� w .a H cis.a .ti Y h C •ti ,� a0 .a a
N cu w C N
® C o CpO, u'O C N U.0 N ctt CL N C1
`° aui•C a wU No a -0N to�� >
o Y u N C7A vo g id dA2o w C �, ��C7aao�v�cCo°• --
a� CC t C-.g
n °UN
UAS�WCZ'eC0�0»0
1tiv08vN::uo°s �y°°Cvo A°WeoB+L103> �Co0u.aI0o eo
bll 3°
IV 0-a onnvo uaU
Oma0Co
Nua�as
>OOOaCi
au u
U°�, .�`" v i. c0 cCa O �.0 g,w
pou3uu N3tioW bAF"
n y �L a� cur r— d C 0 ��
o ) R .� v
u °°uti ,�oNv3�
N (ry N 2 CIS
O N O N C (y W
u
rrvr�I�14 '��o �ou yyW :r�oC"�Wu_ .�viG�ovvti°�b
oo
cti,cy6��2b
3vd y Oy W
N Oc:V C O y w
qo . o j aDD O
vm °s s
�ooq�U�awo>o=�
El
v1 N N NOoo a -aaq
oo
U
• !N1 uRi '� o a a o i L) c Si o
o
a
uo o'0 ai °° a Waa
u
C. ^ 1-0 aC 0
m e �N.0 a=i m-`0o 0 4 u.
3 E c.=_ 3 3 w LL V) W p 14 o0
w C
O d N
q
cb A 7 0 v•� yaa
N ..O
Nvao,,° ^,aa>,o�vq tj0>o"0,CiN
N O I V (y A N W ry W C N
td y •p 'C nt
aa� .° a u
c�°a •w�dIUcy .ccu, y°yCOcW0 uo;,ao°.0
tiaV
.0o ywo.00
°U�V
aw Uva a > w�W
fC lR Vi G, 4' d b >� C >• wi
as "o°�� o000�a
o �� POOWiz" Ste. H�� =0 .j 0oa3Un
Q aA- >:g�a�° ..x3uo
.0 - N 'O
w Q O a� U ro W OU .J C) U U o m R
v, did m o ai � . C °',, ..0 v A ,� .' p
p 3 boa C o o c�i C m 3-. 3 u a
_ d v. p tyv O #
[ W 3 Ni C � U U�
0 cc 0N u o
at O N •3 O N .-, U
y
I. Vicinity Map
F,xhihit A
Hearing Date: June 26, 2007
File No.: AP-07-004
Project Name: Busted Shovel
Request: City Council Review of approved CUP-07-004 to allow for the operation of a
drinking establishment in an O-T zone, by Sherer & Wynkoop, LLP
7
Location: -N. Main Street; Section 7, Township 3 North, Range1 East.
RECEIVED
MAY 3 0 2007
City Of Meridian
City Clerk Office
EXECUTIVE Gq Y
CITY OF _
�YlG�IG�77
33 E. Idaho Ave.
i Meridian, ID 83642
���
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit approval for a Drinking
Establishment Use in an O-T (Old Town) Zone, by William Kosterman.
Case No(s). CUP-07-004
For the Planning and Zoning Commission Hearing Date of: April 19, 2007 (Findings
approved on May 3, 2007)
A. Findings of Fact
I. Hearing Facts (see attached Staff Report for the hearing date of April 19, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 19, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
19, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 19, 2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-004
\.%
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of April 19, 2007, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's CUP request is hereby conditionally approved;
2. No modifications to the site specific conditions were made at the Planning & Zoning
Commission hearing; and
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 19, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-004
period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of April 19, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-004
u
By action of the Planning & Zoning Commission at its regular meeting held on the
day of , 2007.
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
COMMISSIONER STEVE SIDDOWAY
Attest:
Tara Green, Deputy City Clerk
VOTED
VOTED
VOTED
VOTED
VOTED
CHAIRMAN MICHAEL ROHM
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
0.0
City Clerk
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-004
CITY OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HES�G DATE OF APRIL 19, 2007
STAFF REPORT Hearing Date: April 19, 2007
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: The Busted Shovel
• CUP-07-004
r.rry r� ,�„ ,
. ,
rii
DAM
Conditional Use Permit for the operation of a drinking. establishment in an O-
T zone, by William Kosterman.
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, William Kosterman, is requesting Conditional Use Permit (CUP) approval for the
operation of a drinking establishment in an existing O-T (Old Town) zone. The site consists of 0.05 acres
and is located at 704 Main Street, on the northeast corner of Main Street and E. Broadway Avenue.
Per UDC 11-213-2, drinking establishments require CUP approval in the O-T zone. The Busted Shovel
currently operates as a bar and grill, and as such, is classified as a restaurant use with an accessory bar.
The previous business (Harry's Bar & Grill) on this site last operated as a restaurant with an accessory bar
as well. The Busted Shovel would like to operate as a bar for purposes of smoking laws and is therefore
requesting CUP approval for the drinking establishment use. Further, The Busted Shovel does not allow
admittance of persons under age 21.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP-07-004 for The Busted Shovel, as presented in the Staff Report for the hearing
date of April 19, 2007, subject to the conditions listed in Exhibit B.
The Meridian Planning and Zoning Commission heard this item on April 19, 2007 At the public
hearing, the Commission moved to approve CUP-07-004
a. Summary of Commission Public Hearing:
i. In favor: William Kosterman (Applicant)
ii. In opposition: None
iii. Commentin : None
iv. Written testimony: David Wynkoop and Carole Gabrielson
V. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Parking for the site
ii. License Agreement with ACHD for chairs and tables within the ri t-of way
c. Key Council Changes to Commission Recommendation:
i. None
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07-
004, as presented in the staff report for the hearing date of April 19, 2007, with the following
modifications to the conditions of approval: (add any proposed modifications). I further move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Busted Shovel — CUP-07-004 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HENANG DATE OF APRIL 19, 2007
Zoning Commission hearing on March 3, 2007.
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-004,
as presented during the hearing on April 19, 2007, for the following reasons: (you must state specific
reasons for denial and what the applicant could do to obtain your approval in the future). I further
move to direct Staff to prepare an appropriate findings document to be considered at the next
Planning and Zoning Commission hearing on May 3, 2007.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
07-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
704 Main Street
Section 7, T3N, R1E
b. Owner:
M & L Limited Partnership
483 W Oakhampton Drive
Meridian, ID 83646
c. Applicant / Contact:
William Kosterman
3048 Cobble Way
Meridian, ID 83642
d. Present Zoning: O-T (Old town)
e. Present Comprehensive Plan Designation: Old Town
f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP)
approval to allow the business, "The Busted Shovel Bar and Grill," to operate as a bar for the
purposes of smoking laws.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use as determined by City
Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-5A-2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: April 2, 2007 and April 16, 2007
c. Radius notices mailed to properties within 300 feet on: March 23, 2007
d. Applicant posted notice on site by: April 7, 2007
6. LAND USE
a. Existing Land Use(s): Bar and grill
Busted Shovel — CUP-07-004 Page 2
CITY OF MERIDIAN PLANN* DEPARTMENT STAFF REPORT FOR THE 1-16�G DATE OF APRIL 19, 2007
b. Description of Character of Surrounding Area: The surrounding area is all zoned O-T (Old
Town) and mainly consists of small retail and service oriented uses.
c. Adjacent Land Use and Zoning
1. North: Commercial business, zoned O-T
2. East: Frontier Club (bar), zoned O-T
3. South: Vacant Lumberman's site, zoned O-T
4. West: City offices, zoned O-T
d. History of Previous Actions: The previous business, Harry's Bar & Grill, received CUP approval
in 1995 for a sidewalk cafe consisting of 5 small tables and 10 chairs as an extension of the
existing use, between the hours of 10 a.m. and 10 p.m. No other Planning Department approvals
were found.
Harry's Bar & Grill received yearly renewals of their liquor licenses. Those State liquor licenses
indicate a "restaurant certificate" as "yes" when the State deems the owner as being a restaurant
with an accessory bar. The last five years of liquor licenses show the following (see Exhibit A):
January 2002 to April 2002: restaurant:
May 2002 to April 2003: restaurant;
May 2003 to April 2004: restaurant;
May 2004 to April 2005: bar; and
May 2005 to April 2006: bar.
Harry's Bar and Grill did not inform the City in 2005 that they had switched their liquor license
to remove the restaurant certificate. Furthermore they did not receive conditional use approval to
change the use to a drinking establishment as was required.
When the Busted Shovel acquired the former Harry's Bar & Grill, Planning Department staff
informed the new owners that we were not aware of any past approvals that allowed the
establishment to operate as a drinking establishment (see attached zoning verification letter in
Exhibit A). The liquor license approval by the Director Anna Canning states, "approved as
restaurant use," dated May 8, 2006.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Existing building already serviced.
Location of water: Existing building already serviced.
Issues or concerns: None
2. Vegetation: N/A
3. Floodplain: N/A
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Existing Zoning: O-T (Old Town)
7. Lot Size: 0.05 of an acre
Busted Shovel — CUP-07-004 Page 3
CITY OF MERIDIAN PLANN� DEPARTMENT STAFF REPORT FOR THE HESFK�NG DATE OF APRIL 19, 2007
f. Conditional Use Information:
1. Non-residential square footage: 2,400 square feet
2. Hours of Operation: 11:00 a.m. to 2:00 a.m. daily
g. Off -Street Parking:
1. Parking spaces required: 5
2. Parking spaces provided: 0 (5 on -street parking stalls are provided in front of the building on
Main Street and on the south side of the building on Broadway Avenue)
3. Compact spaces proposed: None
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is provided from E. Broadway Avenue and Main Street. No new access points or streets are
proposed or approved with this application.
7. COMMENTS MEETING
On March 30, 2007, a joint agency and departments meeting was held with service providers in this area.
The agencies and departments present included: Meridian Fire Department, Meridian Parks Department,
Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company.
Staff has included comments, conditions, and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Per
Chapter VII of the Comprehensive Plan, the Old Town land use category "includes the historic downtown
and the true community center. Uses in this category would include offices, retail, and lodging, theatres,
restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could
include reuse of existing buildings for residential uses, new construction of multi -family residential over
ground floor retail or office uses. In order to provide and accommodate preservation of the historical
character, specific design requirements may be imposed. Pedestrian amenities would be emphasized.
Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and
recreational structures would be encouraged. The boundary of the Old Town district predominantly
follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into
the boundary to encourage similar uses and complimentary design of the facing houses and buildings."
Staff finds that the request generally conforms to the stated purpose and intent of the Old Town
designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be
applicable to this property and apply to the proposed use (staff analysis in italics):
• Support compatible uses which will attract a high daytime and nighttime population to the
downtown area. (Chapter V, Goal II, Objective A, Action 3)
Staff believes that the proposed use of the property as a bar (drinking establishment) and grill,
will attract people to the downtown area during the daytime and nighttime hours, which could
also potentially attract customers to other neighborhing businesses. Further, Staff believes that
because the business, and previous business, has operated at this site as a bar and grill for quite
some time, and because the property is adjacent to another drinking establishment on the east,
the proposed use should be compatible with those in the general area.
Busted Shovel — CUP-07-004 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE 1 E16 Q G DATE OF APRIL 19, 2007
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal
IV)
Staff believes that the proposed use .should be compatible with existing uses in the area per the
reasons stated above.
Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with
the surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony
that may be provided at the public hearing when determining if the applicant's request is appropriate
for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-213-2 lists the permitted, accessory, and
conditional uses in the O-T zoning district. Drinking establishments are a conditional use in the
O-T zone with the Specific Use Standards listed in UDC 11-4-3-10 (see Section 10, Analysis, for
specific use standards).
b. Purpose Statement of Zone: The purpose of the Old Town district is to accommodate and
encourage further intensification of the historical city center in accord with the Meridian
Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center
and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural,
financial and recreational center of the City. Public and quasi -public uses integrated with general
business, and medium -high to high -density residential is encouraged to provide the appropriate
mix and intensity of activities necessary to establish a truly urban city center.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed CUP request as presented in the staff report, with the following comments:
CUP: Per UDC 11-213-2, a "drinking establishment" requires conditional use permit approval in
the O-T zone. Harry's Bar and Grill, operated primarily as a restaurant use. The current business,
The Busted Shovel, was approved as a restaurant use. The Busted Shovel would like to change
the current restaurant use to a bar (drinking establishment) use for the purposes of allowing
smoking within the establishment. Smoking is prohibited within restaurants per Idaho State law.
Further, the business does not allow anyone under the age of 21 to enter the establishment. The
applicant did not submit a site/landscape plan or elevations with this application as the site is not
changing, only the use. However, the applicant will be required to submit a site/landscape plan
and elevations or photos with the CZC application.
Specific Use Standards for Drinking Establishments per UDC 11-4-3-10:
A. The facility shall comply with all Idaho Code regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages. The applicant should comply with
this standard.
B. The drinking establishment shall not be located within three hundred feet (300') of a
property used for a church or education service. Nor shall the drinking establishment be
located within one thousand feet (1,000') of an adult entertainment establishment. Staff is
unaware of any church or education service within 300' of this property, or adult
entertainment establishment within 1, 000' of this property.
C. For properties abutting a residential district, no outside activity or event shall be allowed
on the site, except in accord with Chapter 3 Article E TEMPORARY USE REQUIREMENTS of
this Title. This property does not abut a residential district.
Busted Shovel — CUP-07-004 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEM G DATE OF APRIL 19, 2007
Access: Access to the site is provided from Main Street and E. Broadway Avenue.
Parking: Because this site is located in Old Town, and because the existing building
encompasses almost all of the property, off-street parking is not feasible on this site and is not
provided. However, the applicant does state that the business has a verbal agreement with the
property owner to the east for off-street parking, which includes a handicap accessible stall.
Further, the applicant states that there are five parking spaces located in front of the building
along Main Street and on the south side of the building along Broadway Avenue that the business
uses for parking. Because off-street parking is required per UDC 11-3C-6B, Staff is requesting
that the applicant request Alternative Compliance to the afore -mentioned section of the UDC
along with the CZC for the new use of this site.
Hours of Operation: The hours of operation for the proposed use as stated in the application are
from 11 a.m. to 2 a.m. daily.
Elevations: Elevations of the existing building were not submitted with this application as no
changes to the exterior of the building are proposed with this application. Any exterior
modifications shall be subject to administrative design review in accord with the "Downtown
Meridian Design Guidelines."
Previous CUP for the outdoor cafe: The previous CUP approved for Harry's Bar & Grill on this
site in 1995 for an outdoor cafe, required that the applicant enter into a License Agreement with
ACHD for the use of the public right-of-way for commercial activities. The owners of Harry's did
so, however, they terminated the agreement in May 2006. The applicant should contact ACHD
for a transfer of the License Agreement to The Busted Shovel, or obtain a new License
Agreement, in order for the previous CUP to remain valid. A copy of this agreement should be
submitted with the CZC for the new use of the site.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-5B-1A). To ensure that all of the conditions of approval listed in
Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the
Planning Department prior to establishment of the new use. All improvements must be installed
prior to occupancy.
b. Staff Recommendation: Staff recommends approval of CUP-07-004 for the requested
drinking establishment use in the O-T zone for The Busted Shovel, as presented in the Staff
Report for the hearing date of April 19, 2007, based on the Findings of Fact as listed in
Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian
Planning and Zoning Commission heard this item on April 19, 2007 At the public hearing,
the Commission moved to approve CUP-07-004.
11. EXHIBITS
A. Drawings & Associated Documents
1. Vicinity Map
2. Copy of the Zoning Verification Letter Requested by the Applicant on 4/3/06
3. Copy of the Zoning Verification Letter Issued by the Planning Department on 4/7/06
4. Copy of Retail Alcohol Beverage License (valid 1/l/02 thru 4/30/02)
5. Copy of Retail Alcohol Beverage License (valid 5/l/02 thru 4/30/03)
6. Copy of Retail Alcohol Beverage License (valid 5/1/03 thru 4/30/04)
Busted Shovel — CUP-07-004 Page 6
CITY OF MERIDIAN PLANNq DEPARTMENT STAFF REPORT FOR THE 1-16 Q G DATE OF APRIL 19, 2007
7. Copy of Retail Alcohol Beverage License (valid 5/1/04 thru 4/30/05)
8. Copy of Retail Alcohol Beverage License (valid 5/1/05 thru 4/30/06)
9. Copy of the Beer & Liquor License Application Approved by the Planning Director for
Restaurant Use on May 8, 2006
10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9,
2006 thru April 30, 2007)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from UDC
Busted Shovel — CUP-07-004 Page 7
CITY OF MERIDIAN PLANN� DEPARTMENT STAFF REPORT FOR THE HO*&G DATE OF APRIL 19, 2007
A. Drawings & Associated Documents
1. Vicinity Map
IDAHO rn J
i
Site �LTF- M,
I
-- LT—T
i
Exhibit A
Page 1
CITY OF MERIDIAN PLANNI DEPARTMENT STAFF REPORT FOR THE HE`N 1 G DATE OF APRIL 19, 2007
2. Copy of the Zoning Verification Letter Requested by the Applicant on April 3, 2006
jtgy�"
April 3, 2006 AP
TO: Meridian City Planning & Front: William Zoning
iam R.Kostennan t �t j v O
Re: Zoning Verification letter 1
1 am in need of a Zoning Verification letter regarding 704 N. Main St., Meridiam t am
purchasing the building as well as the liquor license currently being used in the building.
Alcohol Beverage Control needs this letter to further process my liquor license
application.
I have enclosed the $50 fee for processing this request, Please call with any quaiow,
2Sincati
~�---
�Yilli . Kosterman
3048 Cobble Way
Meridian, Idaho $3642
724-6344
t- 1rrit7� r vw � k a re a v o c.J 0 ...� f
r\ltYs l k Ict Uor. Ht "'s o ( P,—,C.+i 0"
V^:
Exhibit A
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE*NG DATE OF APRIL 19, 2007
3. Copy of the Zoning Verification Letter Issued by the Planning Department on April 7, 2006
IT
my OV91
MAYOR
Timmy de Weerd
C ry COC Ir UL MEMBERS
Keith Bird
Ctwdes M. Rouni"
Shaun Wange
Christine Doane"
C M DEPAR MENT3
Fire
5W K Franklin PAXId
SW 1114 / fax $9641%
park; dr Recreation
11 W. Bawer g¢tret
8W3579 I fax 9l1 %5-1
Manning & Zoning
4+St) H Watcatctwer I a n+*
Suite02
t•35333 / fax 88940%
Folios
1401 L WaterknVer LOW
W-6678 / fax 846.7366
I'uhlic Works
6W E. Watettuwer I.arte
Suite 2W
KK,9W / fax st<7S-9%t
Building
66o E. watettower Lute
Suite 1 %
887-2211 i fax $87-1297
- 4iiastew3ter
34oi Ni, Ten Mile Rand
1W2191 / fax $84-0744
Water
Z23.-1 N. t%f� 8th Street
$$9-5242 / fax $04-1159
April 7, 2006
Mr. William R. Kosterman
3048 Cobble Way
Meridian. Idaho 83642
RE Zoning Verification letter for the Property Located at 704 N. Maio Strt�ct
Dear Mr. Kostern an:
In response to your request for zoning verification for the property located at 704 N
Main Street, please note the following!
be subject property is currently zoned O-T (Old Town District).
The proptAcd restaurant use on the property is listed as a principally permitted use in
the O-T zone in the City of Nieridian's Unified Development Code (UDC). Table
11-2D-1
A restaurant is defined in UW 1 14A-1 as, "Thc use of site for the primary
purpose of food preparation. having kitchen and cooping facilities, and where meals
are regularly served to the public for compensation " It also defines a restaurant as,
"Emblishments %with a beer and ►y'im liecnse that meet the definition of restaurant
as set forth in Idaho Adrnin istrative Code I I.Q3.OI.O10 04, including but not limited
to brcav pubs cold ovine bars '.
The: salEtconsumption of alcoholic beverages is allowed on the premise but only as
a secondary use to the restaurant A dtinking establishment �votild rewire a
conditional use permit in the 04 zone,
If you should have any further questions regarding this matter, please don't hesitate
to call
rely.
i t`0f
Botch ers Canning, Alt`P
Planning Director
CITY HALL. 33 F;AS-T IDAHO AWNUF MIMIDIAN, IDAHO 836,42 (208) 8884433
CM Ct.MK _ FAX SW4.118 CITY 1TTORN" r"1 M - FAX #$d- M) FIVANCr- do to M,rTY On l IV, - rAX JW4813 MAYORS CKFF1`C FXX U4-81S
Exhibit A Page 1
CITY OF MERIDIAN PLANNIIlTr, DEPARTMENT STAFF REPORT FOR THE HE)I�G DATE OF APRIL 19, 2007
4. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 1/ ] /02 thru
4/30/02) showing "Yes" on Restaurant Use
w
0
RETAIL ALCOHOL BEVERAGE LICENSE Mo. ' 2147
IDAHO STATE POLICE
THIS IS TO CERTIFY, That HARRY'S BAR & GRILL INC
UHA: HARRY'S BAR & GRILL PREM.NO: 1A 314
INCORPORATED CITY
is licensed to sell alcohol beverages as slated below
104 E 1ST STREET
MERIDIAN IDAHO
ADA
restaurant
Beer
$ 16 . 6 7
Keq Beer
$ A4
Wine Fly The Drink
$
Wine By The Butlle
$ be
Lkluor By The Drink
$ _291A A0__
FEE $—301a,-010 ,_
HARRY'S BAR & GRILL INC
HARRY'S BAR & GRILL
704 E 1ST VREET
NERIDAAI ID 83642
►it _.0
Mail MAYsa
VALID U/01/2002- 04/30/2002
le 4�2ze_
0irsau tl U. E011—W
5. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/02 thru
4/30/03 showing "Yes" on Restaurant Use
jj
RE AIL ALCOHOL
BEVERAGE LICENSE No. 0$36
ID' SE POLICE
+`a
THIS IS TO CERTIFY, That HARRY'S BAR & GRILL INC
DBA: HARRY'S BAR & GRILL
PREM.NO: 1A 314
INCORPORATED CITY
h -: nsF `.) se'1 aicol ial oeveragas as stated
be'cw
HARRY'S BAR & GRILL INC
704 E 1ST STREET
HARRY'S BAR & GRILL
-
704 E ST STREET
MERIDIAN IDAHO
MERIDI
ID 83642
ADA
Restaurant —.YES_
'
Eeer
Key Beer
VALID /01/2002--04/30/2003
Wine By The Drink S
Wine By The Bottle S
Liquor By The Drink S 7 S0 _ A0
FEE m _ Mk0__ _-
w...
at.evx W ta"r �rycsmvm
+ 7 4 �a►' ► �, +I fyf-�z .7 ten. ,� f- � ,tM �.:TiiF----G�Y -- ( M�rx y, � ��� a
w �$,U. '"'�`-k'. :.h'"16 �. C. i:c::r +.�;'.M ....'�'_+. ���E`i,..�Siu.... .ww�t3au..0 aXd2z....zu 4h.?ss.dic._i.u♦.\.. ..
Exhibit A Page 1
CITY OF MERIDIAN PLANTS I DEPARTMENT STAFF REPORT FOR THE HE7 G DATE OF APRIL 19, 2007
6. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/03 thru
4/30/04 showing "Yes" on Restaurant Use
I 2 tote �fice
Premise Number: 1A-314 Retail Alcohol Beverage License No. 2004-1090
vmp-1 car
This is to certify, that HARRY S BAR AND GRILL INC
doing business as: HARRY S BAR & GRILL
is licensed to sell alcoholic beverages as stated below at: 704 E 1 ST STREET, MERIDIAN, ADA COUNTY
Acceptance of a license by a retailer shall constitute knowledge of and agreement to operate by and in accordance
to the Alcohol Beverage Code, 7Ide 23. Only the licensee herein named i the I at ion herein specified
license. shall use this
p �"
On Premise Consurrp8on:
y_gs
Restaurant
Yg4
Beer:
50.00
Keg Beer.
t1 DD
Wine by the Drink:
4.4Il
Wine by the Bottle:
0000
Liquor by the Drink:
750.00
TOTAL FEE:
800.00
ar«-&Id no —rare
ow- ttcwne« arms.
HARRY'S BAR AND GRILL INC
HARRY`$ BAR & GRILL
704 E 1ST STREET
MERIDIAN ID 83642
Making Address
License Valid: 05/01/2003 - 4130/2004
Expires: 4/30/2004
M
m
m
n
0
0
7. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/ l /04 thru
4/30/05 showing "No" on Restaurant Use n
v�
Idaho tate Police
Fy
Number: 1A-314 Retail Alcohol Beverage License No. 2005-1144
rAr =
certify, that HARRY'S BAR AND GRILL INC
msiness as: HARRY'S BAR &GRILL
m
z
d to sell alcoholic beverages as stated below at: 704 N MAIN STREET, MERIDIAN, ADA COUNTY
tance of a license by a retailer shall constitute knowledge of and ogre em to operate by and in accordance
€cohol Beverage Code, Title 23. Only the licensee hereinnamdOthe [on herein specified shall use Phis
On Premise Consumption:
Yes
Restaurant:
M4
Beer:
50.00
Keg Beer:
QM
Wine by the Drink:
000
Wine by the Bottle:
0.00
Liquor by the Drink:
750.00
TOTAL FEE:
800,0
HARRY'S BAR'AND GRILL INC
HARRY'S BAR & GRILL
704 N MAIN STREET
MERIDIAN ID 83642
Mailing Address
License Valid: 05/01/2004 - 4/30/2005
Expires: 4/30/2005
Exhibit A Page I
CITY OF MERIDIAN PLANNtIV6 DEPARTMENT STAFF REPORT FOR THE HEMMING DATE OF APRIL 19, 2007
8. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/05 thru
4/30/06 showing "No" on Restaurant Use
-"Wwwww: dIdaho tate Police
Premise Number: 1A-314 Retail Alcohol Beverage License No. 2006-1235
f,—p—tm city
This is to certify, that HARRY'S BAR AND GRILL INC
doing business as: HARRY'S BAR & GRILL
is licensed to sell alcoholic beverages as stated below at: 704 N MAIN STREET, MERIDIAN, ADA COUNTY
Acceptance of a license by a retailer shall constitute knowledge of a agreement to operate by and in accordance
to the Alcohol Beverage Code, Title 23. Only the licensee herein nam t the loa rein specified shall use this
license.
'S"ft-au—.. r. uc Nemb—Parbw
On Premise Consumption:
)L
Restaurant:
No
Beer:
50.00
Keg Beer:
0100
Wine by the Drink:
0100
Wine by the Bottle:
0.00
Liquor by the Drink:
750.00
TOTAL FEE:
800.00
Cl-
0-d. f itl he stria Pa.
HARRY'S BAR AND GRILL INC
HARRY'S BAR & GRILL
704 N MAIN STREET
MERIDIAN ID 83642
Address
License Valid: 05/01/2005 - 4/30/2006
Expires: 4/30/2006
i
Exhibit A Page 1
CITY OF MERIDIAN PLANNITP�j DEPARTMENT STAFF REPORT FOR THE HE}eK1NG DATE OF APRIL 19, 2007
9. Copy of the Beer & Liquor License Application Approved by the Planning Director for
Restaurant Use on May 8, 2006
-RECEIVED
MAY _ 9 2006
NEW BEER & LIQUOR LICENSE APPLICATION City of Meridian
INTERNAL APPROVAL CHECKLIST City Clerk Office
For Internal - Office Use Only:
Applicant: William R. Kosterman
Business Name: The Busted Shovel
Location: 704 N. Main Street
Application / File Fee: B - $20D L — $562.50 Receipt No. 7935
Economic Development:
Economic Development Approval:
Police Department:
Police Chief Approval:
Fire Department:
Fire Chief Approval:
Signature Date
Signature Date
Signature Date
Planning& Zoning Department:
P & Z Administrator Approval:
Sign ture Date
Public Works Department:
Public Works Director Approval:
Signature Date
PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE.
THANK YOU. '''City Council approval scheduled for May 9, 2006***
1
Exhibit A Page I
CITY OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HE TTdNG DATE OF APRIL 19, 2007
10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9,
2006 thru April 30, 2007)
City of Meridian
1340
Beer License No-
Ada County, Idaho
Agg�c� 30 2007
Granted May 9 2036 ExpiresY tect xY�S
THIS LICENSE is granted to -- Wittimm R. Kobte&man
(Owrw
doing business as �� _ The Sub to l S `<o v e Z
(Name of Business)
to conduct a retail business in accordance Draft and Bottled Beer x
to all rules and regulations, Bottled Beer Only
Business Location `_ 704 N. Urn Stn.eet
In the City of Meridian, Ada G
been paid. This license is iss+
with the ordinances of the Crry
APPR ED by the City COOQ
;eceWo�-
(�r�7� [?fa7RJ(a7f'fRl�ifr�RJ
required license fee therefore having
e taws of the State of Idaho together
9�t�h°�*�y
City of Meridian No 0328
Liquor by the Drink License
Ada County, Idaho
AptiZ 30, 2007
Granted ,4l a y__9.----- --- 2 n n h Expires Q "rx3C1.
THIS LICENSE is granted to Wtte.cam R. Kcdteh.man
(owner)
doing business as The Butted Shover
(Name of Business)to conduct a retail sale of Liquor by the Drink in accordance to all rules and regulations,
Current City Beer Liconse No.
Business Location_ 704 N. Pta.tn Stneet_ _
r5tres Tess
In the Cityof Meridian, Ada County, WIli� �� "thp required license fee therefore.having
`�
�ffi aws of the State of Idaho together
been paid. This license is issued` a�o i�
with the ordinances of the City ofi)V►�if
APPROVED by the City Coun4 thi _ 9 of _ --• ��+
Atf/
f my de Wee-Yd
Exhibit A `ILL I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HENNG DATE OF APRIL 19, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The Applicant shall comply with the conditions of approval of the previous CUP approved in
1995 and all other conditions of approval for this site. The conditions of approval from the CUP
approved in 1995 are as follows:
• The tables and chairs shall not block the exit doors at any time.
• 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.
• There shall be a pedestrian traffic lane, not including the Ada County Highway District of
at least seven and one-half (7 1/2) feet.
• That the Applicant may sell or serve, or allow to be consumed, alcoholic beverages on
the sidewalk and outside of the premises of Harry's Bar and Grill, but within the confines
of the perimeter of the sidewalk caf6 for the hours set forth below for the operation of the
sidewalk cafe. Therefore, Applicant shall obtain an amendment to its beer, wine and
alcohol licenses prior to conducting business in the sidewalk cafe.
• That the Applicant may operate on the sidewalk, in the designated area, from 10 am to 10
pm.
• That the tables and chairs shall be stored inside from 11 pm to 9 am and shall not be on
the sidewalk between those hours.
• 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.
• That if the Applicant is not in agreement with the above conditions, the permit should be
denied.
• That all ordinances of the City of Meridian must be met, including but not limited to, the
Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform
Electrical Code, the Fire and Life Safety Code, all parking and paving requirements.
1.2 Provide a minimum 1-bicycle parking rack on the site in compliance with the standards listed in
UDC 11-3C-5C.
1.3 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or
distribution of alcoholic beverages.
1.4 The applicant shall apply obtain a License Agreement from ACHD for the use of the public right-
of-way for commercial activities in order for the previous CUP issued for the outdoor caf6 to
remain valid. A copy of the signed License Agreement shall be submitted with the CZC for the
new use of the site.
1.5 Exterior modifications of the building shall be subject to administrative design review in accord
with the "Downtown Meridian Design Guidelines."
1.6 To ensure that all of the conditions of approval for CUP-07-004 are complied with, the Applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning
Department prior to commencement of the new use.
Exhibit B Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE*dNG DATE OF APRIL 19, 2007
1.7 The applicant shall submit an application for Alternative Compliance to UDC 11-3C-6B, off-
street parking requirements, along with the Certificate of Zoning Compliance (CZC) application
required for the new use of the site.
1.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.9 No new signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance.
1.10 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The proposed project has no fire department concerns. Final Approval of the fire hydrant locations
shall be by the Meridian Fire Department.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 Sanitary Services Company did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD did not submit comments on this application.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE 1-16 Q G DATE OF APRIL 19, 2007
C. Required Conditional Use Permit Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds that the existing site is large enough to accommodate the proposed use and
meets all current regulations of the O-T zoning district; except for the off-street parking
requirements (see Section 10, Analysis, for more information)
Off-street parking is required at the ratio of one space per 500 square feet of gross floor area in
traditional neighborhood districts (UDC 11-3C-6). Five off-street parking stalls are required for
this site. The applicant is unable to comply with this requirement; however, the applicant states
that 5 stalls are currently provided adjacent to this site along Main Street and E. Broadway
Avenue.
Staff recommends the Commission rely on Staffs analysis and any oral or written public
testimony provided when determining if this site is large enough to accommodate the proposed
use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan Future Land Use Map designation for this
property is Old Town. The property is currently zoned O-T, which complies this designation. The
proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10
above for more information regarding the requirements for this use).
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the operation of the proposed use should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area. Further, Staff believes that
the proposed use will not adversely change the essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Because the business is currently served by the above -
mentioned public facilities and services, the Commission finds that the proposed use will
continue to be served adequately by those facilities and services previously mentioned.
Exhibit C Page 1
CITY OF MERIDIAN PLANT I* DEPARTMENT STAFF REPORT FOR THE HE`A�G DATE OF APRIL 19, 2007
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the Applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the
amount generated by the proposed new use of the property will be detrimental to any persons,
property, or the general welfare of the public. Staff does not anticipate the proposed use will
create excessive noise, smoke, fumes, glare, or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed use will not result in
the destruction, loss or damage of any natural, scenic, or historic feature of major importance.
Exhibit C Page 2
RADIUS NOTICE REPORT
29 May-2007
FILE NAME: busted
Owners
Owner Address
Property Address:
busted
Property Address:
busted
ALIDJANI MOHAMIMAD
PO BOX 238
HASHENH MASSOUD S R
MERIDIAN, ID 83680-0000
Property Address:
busted
ALIDJANI MOHAMMAD
PO BOX 238
HASHEMI MASSOUD S R
MERIDIAN, ID 83680-0000
Property Address:
busted
ALIDJANI MOHAMMAD
PO BOX 238
HASHEMI MASSOUD S R
MERIDIAN, ID 83680-0000
Property Address:
busted
BOANERGES LLC
P O BOX 1193
MERIDIAN, ID 83680-0000
Property Address:
busted
BOANERGES LLC
P O BOX 1193
MERIDIAN, ID 83680-0000
Property Address:
busted
BRIDGE DEVELOPMENT LLC
10060 W ROLLING HILLS DR
STAR, ID 83669-0000
Property Address:
busted
BRIDGE DEVELOPMENT LLC
615 W CHERRY IN
MERIDIAN, ID 83642-0000
Property Address:
busted
1
Owners Owner Address
BRIDGE DEVELOPMENT LLC
615 W CHERRY LN
MERIDIAN, ID 83642-0000
Property Address:
busted
BUICH DAVID
3100 N GLEN STUART LN
BUICH KAREN
EAGLE, ID 83616-0000
Property Address:
busted
DYNAMITE MARKETING INC
310 E WATERTOWER ST
MERIDIAN, ID 83642-6283
Property Address:
busted
FARMERS & MERCHANTS STATE BANK
PO BOX 369
BEND, OR 97709-0000
Property Address: busted
FICKEN FRANK 2724 LAVENDER DRIVE
BUICH DAVID WALNUT CREEK, CA 94596-0000
Property Address: busted
FIRST FED SAV & LOAN ASSN 425 PIKE ST
SEATTLE, WA 98I01-2334
Property Address: busted
GENERATIONS BUILDING LLC 910 MAIN ST STE 358
BOISE, ID 83702-0000
Property Address:
busted
IDAHO INDEPENDENT BANK
PO BOX 2950
HAYDEN LAKE, ID 83835-2950
Property Address:
busted
KLINE DAVID A TRUST
1635 S GIBSON WAY
KLINE DAVID A TRUSTEE
MERIDIAN, ID 83642-0000
Property Address:
busted
KLINE DAVID A TRUST
1635 S GIBSON WAY
KLINE DAVID A TRUSTEE
MERIDIAN, ID 83642-0000
Property Address:
busted
2
Owners Owner Address
LISBY DOLORES E
4240 MEADOW WOOD DR
MERIDIAN, ID 83646-5820
Property Address:
busted
LISBY DOLORES E
4240 MEADOW WOOD DR
MERIDIAN, ID 83646-5820
Property Address:
busted
MARKS RICHARD F &
PO BOX 556
MARKS MARIAN J
MERIDIAN, ID 83680-0556
Property Address:
busted
MERIDIAN CITY
33 E IDAHO
MERIDIAN, ID 83642-0000
Property Address:
busted
MERIDIAN CITY
33 E IDAHO AVE
MERIDIAN, ID 83642-2631
Property Address:
busted
MERIDIAN CITY
33 E IDAHO AVE
MERIDIAN, ID 83642-2631
Property Address:
busted
MERIDIAN CITY
33 E IDAHO AVE
MERIDIAN, ID 83642-2631
Property Address:
busted
MERIDIAN CITY
33 E IDAHO AVE
MERIDIAN, ID 83642-2631
Property Address:
busted
MITTLEIDER GARY L
400 N COW HORSE DR
MITTLEIDER BRENDA
KUNA, ID 83634-0000
Property Address:
busted
MURRI KENT D &
139 E IDAHO AVE
MURRI VIRGINIA LEE
MERIDIAN, ID 83642-2633
Property Address:
busted
3
u a
Owners Owner Address
NIELSEN ROGER B
5377 W EL GATO LN
NIELSEN KARLA S
MERIDIAN, ID 83642-5347
Property Address:
busted
NORA LLC
564 SIERRA DR
BOISE,ID 83705-0000
Property Address:
busted
RICKY WILLIAMS INC
3048 COBBLE WAY
MERIDIAN, ID 83642-0000
Property Address:
busted
SAGEHEN INC
PO BOX 10
BUCHANAN DARWIN
MERIDIAN, ID 83680-0010
Property Address:
busted
THUNDERBIRD BLUE LLC
PO BOX 765
MERIDIAN, ID 83680-0000
Property Address:
busted
4