HomeMy WebLinkAboutStaff Reportu Pagel of 2
4
Machelle Hill
From: Joe Silva
Sent: Monday, April 16, 2007 10:34 AM
To: Sonya Watters; Bill Johnson; Bill Nary; Kenny Bowers; Machelle Hill; Ron Anderson; Sharon Smith;
Tara Green; Ted Baird; Will Berg
Cc: 'billkost@cableone.net'
Subject: RE: REVISED The Busted Shovel CUP-07-004 for the 4/19 P&Z Mtg
We have inspected the Busted Shovel and have no outstanding issues.
Joe
From: Sonya Watters
Sent. Friday, April 13, 2007 12:07 PM
To: Bill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Machelle Hill; Ron Anderson; Sharon Smith; Tara Green; T
Baird; Will Berg
Cc: billkost@cableone.net Ted
Subject: FW: REVISED The Busted Shovel CUP-07-004 for the 4/19 P&Z Mtg
REVISED, REVISED.... Sorry, technical difficulties....
From: Sonya Watters
Sent: Friday, April 13, 2007 11:49 AM
To: Bill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Machelle Hill; Ron Anderson; Sharon Smith; Tara Green;
Baird; Will Berg
Cc: 'billkost@cableone.net' Ted
Subject: REVISED The Busted Shovel CUP-07-004 for the 4/19 P&Z Mtg
REVISED, please delete first copy sent.
From: Sonya Watters
Sent: Friday, April 13, 2007 11:19 AM
iBill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Machelle Hill; Ron Anderson; Sharon Smith
Baird; Will Berg ,Tara Green; Ted
Baird;
Cc: 'billkost@cableone.net'
Subject: The Busted Shovel CUP-07-004 for the 4/19 P&Z Mtg
Attached is the staff report for the proposed CUP for The Busted Shovel (CUP-07-00
scheduled to be on the Planning & Zoning Commission agenda on April 19, 2007. T 4). This item is
will be held at City Hall, 33 E. Idaho Avenue, beginning at 7:00 pm. Please call or e-mail he public hearing
questions. with any
Bill - Please submit any written response you may have to the staff report to the
greent@meridiancity.org , smiths meridiancit .or , hillm meridiancit .or City Clerk's Office
fax — 888-6854) as soon as possible. g , and myself (e-mail or
Thank you,
sovq"�p Watters
4/16/2007
Page 2 of 2
Ass"Late CLt� MavLvLer
CITY DE MER.IDI,4N
C-'0 E• WatertOWer Street, SkLte 202
MerLo Lavt, Idaho 83�42
2D8.884.6533 T>kovLe 20FaX
4/16/2007
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
SUBJECT:
Hearing Date: April 19 , 2007
Planning & Zoning Commission
Sonya Watters, Associate City Planner
(208) 884-5533
The Busted Shovel
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STAFF REPORT
TO:
FROM:
. CUP-07-004
Conditional Use Pennit for the operation of a drinking establishment in an a-
T zone, by William Kosterman.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, William Kosterman, is requesting Conditional Use Pennit (CUP) approval for the
operation ofa 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 11-2D-2, drinking establishments require CUP approval in the 0- 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.
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
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 fmdings 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)
Busted Shovel- CUP-07-004
Page 1
CITY OF MERJDlAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
704 Main Street
Section 7, T3N, RIB
b. Owner:
M & L Limited Partnership
483 W Oakhampton Drive
Meridian, ill 83646
c. Applicant / Contact:
William Kosterman
3048 Cobble Way
Meridian, ill 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 ofIdaho 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
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
I. North: Commercial business, zoned 0- 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
Busted Shovel - CUP-07-004
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
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 Apri12004: restaurant;
May 2004 to April 2005: bar; and
May 2005 to Apri12006: 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 establislunent 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
establislunent to operate as a drinking establislunent (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
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
Busted Shovel- CUP-07-004
Page 3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DA IE OF APRIL 19, 2007
h. Sununary 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.
Staffhas 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.
. 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 11-2D-2 lists the permitted, accessory, and
conditional uses in the 0- 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).
Busted Shovel- CUP-07-004
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
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 0- 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 mediwn-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 11-2D-2, a "drinking establishment" requires conditional use pennit 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.
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
Busted Shovel- CUP-07.004
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
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 ofHany'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-IA). 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 0- 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.
11. EXHmITS
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 PlatUling Department on 417/06
4. Copy of Retail Alcohol Beverage License (valid 1/1/02 thru 4/30/02)
5. Copy of Retail Alcohol Beverage License (valid 5/1/02 thru 4/30/03)
6. Copy of Retail Alcohol Beverage License (valid 5/1/03 thru 4/30/04)
7. Copy of Retail Alcohol Beverage License (valid 5/1/04 thru 4/30105)
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
Busted Shovel- CUP.07-004
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRJL 19,2007
6. Sanitary SelVice Company
7. Ada County Highway District
C. Required Findings from UDC
Busted Shove1- CUP-07-004
Page 7
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
A. Drawings & Associated Documents
1. Vicinity Map
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Page 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
2. Copy of the Zoning Verification Letter Requested by the Applicant on April 3, 2006
April]. 2006
To: Mericlim City PIadDin& .. Zonin&
From: W"..... R. KoaIUlD
Re: Zoaiaa Verificaaioa IAUer
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1- ill Deed of a Zoniag Verificalion lcaer rcpntiDs 704 N. Main St, Mcriclian. I am
pard-ai~ tile buildina as wen ..1be liquor liceose cwnndy beina used in the buiJdin&.
Alcobo1 Beveraae Control needs d1i11ettcr to futtbcr proeess my liquor license
applic:aIion.
I have eadoecd the SSO fee Cor p.rocessins this request. Pleaae call with any questions.
~
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3048 Cobble Way
Maridian. Idaho 83642
'724-6344
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
3. Copy of the Zoning Verification Letter Issued by the Plarming Department on April 7, 2006
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April 7, 2006
Mr. William R, KostennaD
3048 CobbIc Way
Meridian, Idaho 13642
RE: Zomn8 VerifkaUon letlei' fur the Property Located at 704 N, M8In Street
Dear Mr. Kostcnnan:
In respoDIC to your I1lCpICSl for lOfting vcrificatjon for the property located 81104 N
Maio Street. please DOte the fullowiDg:
'11w: subject propc:r1y is cunealJymncd (). T (Old Town District).
The propllIOd I'MWIIUt U$O on tho property is lialed8ll a principally permitted lL'IC In
the o-T lODe in tile City of Meridiu's Unified Dovdopmcnt Code (ODe), Tablc
1I.2D-1
A restawaDl is defined in UOC J I-lA-I as, "The WIO ofa site for the primary
purpotlC of'Coad prtpIIl'Ilion. haviq kitchen and ~ W::ilitle$. aDd where meals
llle regularly served to !be public. for rompeD5lllion, "'t also defiDa a rostaul'lU1t as;
..E.stabliahmeols with a beer and wiDe Ik:cnsc that med the dclinitioa of N$lauront
as set imh in Idtlho AdmiDisbarivc Code II.Q5.01"010.04, including butllOt limited
to brew publlUld wine bets. ..
Th: lIA1eIconsumplion of akohoJic bevengts is allowed on the premises but oriJy lIS
llllCOOndary use to the reslaurnnt A drinkina csl8blilhmclQt would require a
conditional use permit in the 0- T ZODC.
If you should bavcany fbrtbar questions reganling Ihiit matter. please don't hesitate
to call
Ljl
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Bordaers C8IIf1lDs, AICP
Planning DiRltltOf
CI I)' HAt!. 33 EA~T IDAHO AYfiNlJH MFRII)IAN. JDAHQ &%42 (20R) 888.4433
Ol'y,nu FAX ..42111: cm,\Tf\':lRNtYIIIR- f"'X M4.m:J RNAser & t'Tll m'SIlI.J'N(';- FAX lIIli-lSl:l )'IAYOk'SOfl'iU-I'.\" SsUll9
Exhibit A
Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
4. Copy of the Retail Alcohol Beverage License Issued by the State ofIdaho (valid 1/1/02 tluu
4/30/02) showing "Yes" on Restaurant Use
, ", ',~.:~~:_ SfI~A".rE OF KDAHO
./,['.....'-...--.---RETAIL ALCOHOLBEVEAAGE LICENSE No.'
.':; IDAHO STATE POLICE
THIS IS TO CERTIFY. ThEIl HARRY'S BAR & GRILL :INC
DBA: HARRY'S BAR & GRILL
PREN.NO: lA 314
INCORPORATED CITY
IS IIcBnsed to sell alcohol ~verages lIS $lated below
HARRY'S BAR " GRILL IHe
HARRY'S BAR .. GRILL
704 E 1 T RElET
MERICI 10 83642
704 E 1ST STREET
MERIDIAN IDAHO
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5. Copy of the Retail Alcohol Beverage License Issued by the State ofIdaho (valid 5/1/02 tluu
4/30/03 showing "Yes" on Restaurant Use
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,'Ji "',-' > THIS IS TO CERTl""Y, That HARRY'S BAR " GRILL IHe
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~ t~("S, MERIDIAN IDAHO :~I~I ST STREET ID 83642
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
6. Copy ofthe Retail Alcohol Beverage License Issued by the State ofIdaho (valid 5/1/03 thru
4/30/04 showing "Yes" on Restaurant Use
c5!trJ!:o t:~~
~~umber: 1A-314 Rlltall Alcohol BllVllragll L1cenSll
7. Copy of the Retail Alcohol Beverage License Issued by the State ofIdaho (valid 5/1/04 thru
4/30/05 showing "No" on Restaurant Use
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Retail Alcohol Beverage License
NO 2004.1090
This is 10 certify. 11ul/ HARRY'S BAR AND GRILL INC
doing busill<<Ss as: HARRY'S BAR & GRILL
is licellHd 10 sell alco!WHc ~rages as stated lrelow oJ: 704 E 1ST STREET. MERIDIAN, ADA COUNTY
Aceeptallce of all~ by a re.ailer shall canililtll< bJ&Wlollge oj aM agreemetrllo operak by and In accordance
ta the Alcohol B""""ge Code, 17lle 23. Only IIIe lic"""... herein IIIlm~f' .hel Q1lon llerein sfJ&'ified shall use this
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On Premise Consumption:
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Wine by the Drink:
Wine by the Bollle:
Liquor by the Drink:
TOTAL FEE:
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HARRY'S R AND GRILL INC
HARRY'S BAR & GRIU
104 E 1$T STREET
MERIDIAN 10 83642
Mailing Addr88S
L1oenseValld: 05/0112003 . 4130/2004
Expires: 4/30/2004
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HARRY'S BA ANO GRILL INC
HARRY'S BAR & GRILL
704 N MAIN STREET
MERIDIAN ID 83642
Premise Number: 1A-314
'_010,
No. 2005.1144
This is 10 emilY. tlzal HARRY'S BAR AND GRILL INC
doing busitteJ' as: HARRY'S BAR & GRILL
is licellSM 10 sellaleoholic />eIIeroges as stated below "" 704 N MAIN STREET, MERIDIAN, ADA COUNTY
Acctp/ance of" lieellSe by a relailer .Iull! collStitJJ./I! """..ledge of aM agree e'" to opera'e by and In aceo""'nce
10 Ihe Alcohol BeW!l'(Ige Code. nile 23. o.Jy tltelle..... flqein ""meJ .1Ie j lion herei" specified shall use .his
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On Premise Consumption:
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Wine by the Bol1le:
Liquor by the Drink:
TOTAL FEE:
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Mailing Address
Uoense Valid: 05101/2004 - 4/30/2005
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Exhibit A
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Page 1
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ]9,2007
8. Copy of the Retail Alcohol Beverage License Issued by the State ofIdaho (valid 5/1/05 thru
4/30/06 showing "No" on Restaurant Use
g~i~~
Premise Number: 1A-314 Retail Alcohol Beverage license
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This Is to ce1'/ify, 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 Itcen..e by a retailer shall cOlISti"'te knowledge off agreement to operate by and in accordance
to the Alcohol Beverage Code, Title 23. Only the licensee heretn nam ,the loca ton herein specified shall use this
license. . s:z-
On Premise Consumption:
Restaurant:
Beer:
Keg Beer:
Wine by the Drink:
Wine by the Bottle:
Liquor by the Drink:
TOTAL FEE:
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HARRY'S BAR AND GRILL INC
HARRY'S BAR & GRILL
704 N MAIN STREET
MERIDIAN 1083642
Mailing Address
License Valid: 05101/2005 - 4/3012006
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Expires: 4/30/2006
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Page]
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 2008
NEW BEER & LIQUOR LICENSE APPLICATION
INTERNAL APPROVAL CHECKLIST "
CitJr of Meridiau
Clt;' Clerk omce
For Internal M OffIce Use Only:
Applicant: William R. Kosterman
Business Name: The Busted Shovel
Location: 704 N. Main Street
Application I File Fee: B - $200 L - $562.50 Receipt No. 7935
Economic DeveloDment:
Economic Development Approval:
Signature
Date
Police DeDartment:
Police Chief Approval:
SfgnabJre
Date
Fire DSDartment:
Fire Chief Approval:
Signature
Date
P & Z Administrator Approval:
Plannina & Zonino DeDartment:
,Public Works DeDartment:
,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 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING 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)
Exhibit A
Page]
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 ~) 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 ~) 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 cafe 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 lOam 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 pennit 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 I-bicycle parking rack on the site in compliance with the standards listed in
UDC 1I-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 cafe 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) pennit from the Planning
Department prior to commencement of the new use.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 AClIO did not submit comments on this application.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING 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 existing site is large enough to accommodate the proposed use and meets all current
regulations of the 0- 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.
Staff 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.
Staff 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.
Staff fmds that, if the Applicant complies with the conditions outlined in this report, the proposed
use will not adversely affect other property in the area. The Commission should rely upon any
public testimony provided to detennine if the development will adversely affect the other
property in the vicinity.
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.
Staff 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, Staff 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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 ofthe community.
If approved, the Applicant will be financing any improvements required for development. Staff
fmds 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.
Staff finds that there should not be any health, safety or environmental problems associated with
the proposed use that should be brought to the Conunission's attention. Staff 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