HomeMy WebLinkAboutMuggsy's Bar & Grill CUP 02-044
December 30. 2002
MERIDIAN PLANNING & ZONING MEErING
APPLICANT Michael McGuinness
CUP 02..()44
January 2, 2003
ITEM NO.
7
REQUEST Public Hearing - Request for a Conditional Use Permit for a sports bar and grill in a
C.G zone for Muggsy's Bar & Grill- south of East Fairview Avenue, east of North Locust Grove
Road on East Wilson Lane
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
SErTLERS' IRRIGATION DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
See attached Staff Comments
See attached Comments
fuOM~V
~~/)l! oJJ
1-0
(!.,{L/
"Ok per Meridian water Departmenf'
"No Commenf'
See attached Comments
See attached Comments
See attached Comments
See attached Comments
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
Contacted: AI (j~. (111 / M \)~ ~ ~ )U9- Datei; -30 #OJ.-- Phone: ~7 ~ -/~ /4_ rJ \ '"
Materials presented at public m.eflngs shall become property of the City of Meridian.
MAYO
Robert D.
HUB OF TREASURE
A Good Place to
LEGAL
(208) 288- . Fax 288-
CITY COUNCIL
Keith
Tammy
Cherie
McCandless
CITY OF
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 . FAX (208) 887-
City Clerk Office Fax (208) 888-
PUBLIC
BUILDING
(208) 887-2211 . Fax 887-
PLANNING AND
DEPARTMEN
(208) 884-5533' FAX 888-
MEMORANDUM:
December 19,2002
To:
Mayor, City Council and Planning & Zoning Commission
Bruce Freckleton, Assistant to City Engineer ~
David McKinnon, City Planner II bJ.A
Muggsy's Bar and Grill
RECEIVED
DEe l 6 2002
City Of Meridian
City Clerk Office
From:
Re:
eRequest For a Conditional Use Permit to Allow the Construction of a Sports Bar
and Grill on Wilson Lane, just south ofFairview Avenue and approximately 200 feet
east of Locust Grove Road, in a C.G zone, by Michael McGuiness (File No. CUP-
02.044).
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered infull, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
The applicant, Mike McGuiness, has requested approval of a conditional use permit to construct and
operate a new sports bar and grill (Muggsy's) on Wilson Lane, just south ofthe existing Wingers
restaurant on Fairview Avenue.
LOCATION & SURROUNDING USES
The subject property is located on the north side of Wilson lane, approximately 200 feet east of
Locust Grove Road.
The following uses surround the subject property:
North - Winger's Restaurant, zoned C-G.
South - Vacant land, zoned RUT (Ada County)
East - D & B Supply, zoned C-G.
West - Eddy's Bread Shop, zoned C-G.
OWNER OF RECORD
The property owner of record is the William M. Geyer and the applicant has provided a notarized
consent form that grants permission to the applicant to submit an application to the City of Meridian
for a conditional use permit.
CUP-02-044
Muggsy's. CUP
Planning & Zoning CommissionlMayor & City Council
December 19,2002
Page 2
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use permit
ifthey shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this ordinance;
Staff fmds that the subject property is large enough to accommodate the required parking,
landscaping, and other features required of a bar/grill use by this ordinance.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as "Commercial"
and is currently zoned "C-G". Staff fmds that the requested "Bar/Alcoholic Drinking
Establishment" use is a "Conditional Use" according to MCCll-8-1, signifying that, if
approved with conditions by the Council, the use will be harmony with the Meridian Zoning
Ordinance and the Comprehensive Plan.
C. 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;
Staff finds that the proposed development will not change the existing or intended character
of the general vicinity (currently a mix of commercial, office, and restaurant).
D. 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 and Council should rely upon public testimony to determine if the
development will adversely affect the other property in the vicinity. Staff anticipates that the
proposed use may have an adverse effect on nearby properties.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
Staff finds that the proposed development will be adequately served by the essential public
facilities and services listed above.
CUP-OZ-044
Muggsy's. CUP
Planning & Zoning Commission/Mayor & City Council
December 19, 2002
Page 3
F. That the proposed use will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the economic welfare of
the community;
Staff finds that the proposed use would not be detrimental to the economic welfare of the
community, nor would it create the need for any new facilities or services to be paid for by
the public.
G. That the proposed use will not involve activities or processes, materials, equipment, and
conditions of operation that wiD be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors;
Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the
proposed use.
H. That the proposed use will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
Staff finds that the proposed use will not create significant interference with any traffic on
the surrounding public streets as long as ACHD requirements are met and all approaches and
traffic control measures are installed.
I. That the proposed use wiD not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of
this conditional use.
SITE SPECIFIC REOUlREMENTS
1. Landscaping shall be installed per the submitted landscape plan (Sheet 1 of 2, prepared by
Stephen R. Teal, dated 11-11-02). All landscaping shall be continuously maintained and any
dead or dying vegetation shall be replaced upon request from the City.
2. All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adj acent
properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
3. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City
Zoning and Development Ordinance. All signage is subject to design review and shall require
CUP-02.Q44
Muggsy's. CUP
Planning & Zoning Commission/Mayor & City Council
December 19, 2002
Page 4
separate permits. Temporary or portable signs shall be prohibited, and shall be removed
upon 3 days notice to the applicant.
4. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act.
5. The applicant shall obtain a Certificate of Zoning Compliance from the Planning and Zoning
Department prior to submitting for a building permit.
6. All parking shall be striped and improved in accordance with the Meridian City Code.
7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight
obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C.
Coordinate location and construction requirements with Sanitary Services, Inc.
9. Certificate of Occupancy: 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. Any temporary occupancy will not exceed 60 days to complete the required
improvements.
10. As part of a conditional use permit, the City of Meridian may Impose additional
restrictions/conditions.
11. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start
of construction.
RECOMMENDATION
Staff recommends approval of this application with the aforementioned conditions.
CUP-02-044
Muggsy's. CUP
~
ROBERT D. CORRIE
COUNCIL MEMBERS
WILLIAML.M. NARY
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
RURAL FIRE COMMISSIONERS
RICHARD GREENE
TERRY LEIGHTON
STEVE ELLIOTT
/,
olf';-~dl!'C'
~. IDAHO;:
'~:11 .", .
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MERIDIAN CITY/RURAL FIRE DEPARTMENT
CHIEF
KEN W. BOWERS
DEPUTY CHIEF - FlRE PREVENTION
JOSEPH SILVA
DEPUTY CHrEF - TRAINING
BILL IOIlNSON
540 East Fratlklin Road
Meridian, ID 83642
(208) 888-1234
Fax (208) 895-0390
~~!~~~~~_~!12J!"'== .~~~~!~IW!!:!!~~S!~~~l~!I~_~~:~:::~~~'
. ~~"~"RE'cElVE'D'"''''''''
DEe I 9 2002
City Of Meridian "
City Clerk Office
December 19,2002
TO:
Mayor, City Council & Meridian Planning & Zoning Commission
Joseph Silva, Deputy Chief, Fire Prevention
FROM:
SUBJECT:
Muggsy's Bar & Grill File CUP 02-044
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
I. That a fire-flow of 1,000 gallons per minute shall be available for duration of
2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All radii shall be 28' inside and 48' outside radius for the internal road system.
5. Provide a 20' fire lane around the building.
6. Comply with the Fire Code in effect at the time the build plans are submitted.
~EC-17-2002 02:23P FROM:Sanitar. Services, I 208-888-5052
TO:Meridian Clerk
P:5/11
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M YOR
'rl . Conit
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~ IDAHO I~
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LEGAL D1:P,\RTMFNT
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PAIlKS & RCt"I\li..nON
(2t)S li8~. ,'iif). t~~!\ ~91$.SSOI
PUBLIC WORK,
{10$1 S9K.SSOi') 'F:I~ KX7-! :!1J7
AIJlLDING OEI"AK'f"'lF.~T
(20~)Stf7.~~II' F.I\lHI7.11<)'7
PLANNIN(; AND ZONINl.
(2M) KX-$->j3J . FJl gA~.li.K5.j,
CITY CO N L MEMBERS
To 7 W: Ween!
Williom L M. Nary
Cherie McCilndlc.\.~
Keith Bird
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To, insure (het your comments and recommendations will be considered by the Meridian Planning
and Zoning CommIssion, please submit your comments and recommendations to Meridian City Cler1c's Office
Alln: Will Berg, Clly Cler1\. by: Dec:ember 26. 2003
Transmillal Date: November 21, 2002 Hearing Date: January 2, 2003
File NO_: CUP 02.044
Request: Conditional Use Permit for a sports bar and grill in a C-G zone for Muggsy's
Bar and Grill
8y: Mlc:hael McGuinness
Location of Property or Project: solllh of EaSl Falrvicw Ave, east of North Locust Grove Rd on East WIlson Ln
David Zaremba, PtZ (No VAR, VAC. FPJ
JelT)' Centers, PIt. (NO VAR. VAC, FPJ
LeSlie Mathes, PIZ (NO VAR, VAC. FP)
Michael Rohm, PtZ (No VAR, IlAC. FP)
Keith Borup, PIZ (No VAR. VAC. FP)
Robert Corrie, Mayor
Bill Nary, CIC
Tammy deWeeltl. CtC
Keith Biltl, CIC
Cherie McCamlless, CtC
Water Department
/" Sewer Department
V Sanitary Service (No VAR. VAe. FP)
Building Department Your Concise Remarks:
Fire Department .......u.~ Ll.lA~"'2- $---"'C!..t o'hJ.I. S IS ""'100 AlA 1...1.. I ~ _ ...Pt.e...uL-
Police Department A 1-1.. I)AJ 10' 'lM.IU f WI.J...... .L. l.u~,b i....- -r~ f. G;iJ.-r,.~.pDS"'-S
City Attorney ..p1U.~U II' t.t..~A LhJCo2... ~ ~.."b A..-.... S:!lo -
City Engineer' -:B..... G.oLtcc..../t.-J S. _ S.C- .
City Pia nner
ParkS Department
Meridian School District (No FP)
Meridian Post Office (FPIPP on'y)
Ada County Highway District
Community Planning Assoc.
Central Distrld Health
Nampa Meridian Irrig. District
Settlers Irrigation Distr1ct
Idaho Power Co. (FPIPP only)
U.S. West (FP/PP orrIy)
Intermountain Gas (I'PIPP ol1/y)
Bureau of Reclamation (FP/PP 0fI1y)
Idaho Transportation Department (No FP)
Ada County (Antl8X8/1on only)
RECEIVED
DEe 1 7 2002
33 EAST IDAHO' MERIDIAN, IDAHO 83642 C~ty Of Meridian
(208) 888.4433. F;lX (208)881-4813 . City CI~rk Otfoce F;lX (208) 888-4218 . Hum.. Rc.ou~1jY.,mg~g.wW
DEC 17 '02 13:37
208-888-5052
PAGE. 05
~&~1~'[)~
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
November 27,2002
phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
Will Berg, City Clerk
City of Meridian
33 East Idaho
-MeridIan. m-83642
RECEIVED
. DEe -92002
Re: CUP 02-044 Conditional Use Permit for Muggsy'S Bar and Grill
City Of Meridian
City Clerk Office
Dear Commissioners:
The Nampa & Meridian Irrigation District requires that a Land Use Change/Site
application be filed for review prior to fmal platting. The developer will need to contact
Ms. Donna Moore, Ass!. Secretary-Treasurer at the District's main office at 466-7861 for
further information.
All laterals and waste ways must be protected. All municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the N ampa & Meridian Irrigation
District must review drainage plans. The developer must comply with Idaho Code 31-
3805. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District
Sincerely,
~$~
Bill Henson, Ass!. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BHldll
Cc: File - Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS" 23,000
BOISE PROJECT RIGHTS. 40.000
,
COpy
~ & ~ 1~ ?)i4tIttct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
3 December 2002
Phone" Ao-ea Code 208
OFFICE, Nompo 466-7861
SHOP, Nompa 466-0663
Stephen R. Teed, Architect
815 N. Main Street
. ------Meridian,-I[}~8364Q- -- ---
----,-"---"'-.-- -~~~~---_____ ~,__ -____~'_'_O._-
RE: Land Use Change Application - Muaasv's Bar and Grill
Dear Mr. Teed:
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 this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with Jqhn P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop. '\
Sincerely,
~-1l.1rJ~
Donna N. Moore, Asst. Secretary/Treasurer
NAMPA & MERIDIAN IRRIGKTION DISTRICT
DNM/smc
cc: File
Water Superintendent
Will Berg, City Clerk, City of Meridian
Michael McGuinness, 3872 Bunchberry Way, Boise, 10 83704
William M. Geyer, 967 E. Park Center Blvd., Boise, 10 83706
enc.
APPROXIMATE IRRIGABlE ACRES
RIVER FLOW RIGHTS - 23,000
~ CENTRAL
GiBt6~I~
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
Return to:
o Boise
DEagle
o Garden City
~eridian
o Kuna
DACZ
Star
Rezone #
Conditional Use # C-u-f7 04-04'-1
Preliminary! Final! Short Plat
01.
02.
o 3.
04.
05.
We have No Objections to this Proposal.
DEe - 6 2002
We recommend Denial of this Proposal. City of Meridian
City Clerk Office
Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
We will require more data concerning soil conditions on this Proposal before we can comment.
Before we can comment conceming individual sewage disposal, we will require more data conceming the depth of:
o high seasonal ground water 0 waste flow characteristics
o or bedrock from original grade 0 other
o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
o 7. This project shail be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
o 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
o central sewage 0 community sewage system 0 community water well
o interim sewage 0 central water
o individual sewage 0 individual water
o 9. The following pian(s) must be submitted to and approved by the Idaho Department of Heaith & Wenare,
Division of Environmental Quality:
o central sewage 0 community sewage system 0 community water
o sewage dry lines 0 central water
o 10. Run-off is not to create a mosquito breeding problem.
o 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
~ We will re uire plans be submitted for a plan review for any:
food establishment 0 swimming pools or spas 0 child care center
erage establishment 0 grocery store
%14. ,1t.JUg JI....,.. /;rt~_r &..kd-
2)"'6 ~ A-r e,OJ./-IJ Sd 7'- fS".27
r.e,~~ L""-"AVC...",-L--
Date: dJ_~.J P7-
Reviewed By: ~~t4f/"
CDHD9IOOlkc
Review Sheet
.
,
....rQ:"'"
Ada County Highway District
David E. Wynkoop, President
Dave Bivens, 1 st Vice President
Judy Peavey-Derr, 2nd Vice President
Susan S. Eastlake, Commissioner
Sherry R. Huber, Commissioner
318 East 37th Street
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-maii: tellus@ACHD.ada.id.us
November 26, 2002
RECEIVED
DEe - 3 2002
C~ty Of Meridian
CIty Clerk Office
TO:
Michael McGuinness
3B72 Bunchberry Way
Boise, ID 83704
SUBJECT:
MCUP02-044
Bar & Grill
Wilson Lane, east of Locust Grove Road
The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the Item
referenced above and is submitting this no review letter in response to the lead agency's request for comment. Based
on the submitted Information, it has been determined that the proposed development will generate less than 10
additional vehicle trips per day (VTD); or improvements exist adjacent to the site and ACHD has no site improvement
requirements attributable to this application.
ACHD policy states that no site related improvements will be required for developments generating less than 10
additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are
generated, then ACHD will review the site plan and may issue requirements based on the ACHD Policy Manual.
ACHD policy requires that before any improvements of any kind are constructed or instalied within the public right-of-
way, a permit or license agreement permitting the improvements must be obtained.
All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances
unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD
Development Policy Manual. Contact District staff at 387-6170 for details.
Please contact the office for determination of possible road impact fees, prior to obtaining a building permit. ,hese fees
are coliected in accordance with Ordinance #195, the Ada County Highway District Road Impact Fee Ordinance.
If you have any uestlons, please feel free to contact me at (208) 387-6170.
L
Craig Hood
Development Analyst"
Planning & Development
Cc:
Planning & Development/Chron/Project File
Planning & Development Services City of Meridian
Construction Services
William M. Geyer, 967 E. Parkcenter Blvd., Boise, ID B3706-
Stephen R. Teed, 815 N. Main Street, Meridian, ID 83642
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PUBLIC HEARING
SIGN-UP SHEET
RECEIVED
.IAN 0 2 2003
CITY OF MERIDI1l~
January 2,2003
DATE
PROJECT NUMBER
CUP 02-044
Muggsy's Bar and Grill
PROJECT NAME
NAME FOR AGAINST
. M(c.lQs..I \-\. Mc.G\J\'v.",Q..Ss ...............
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