HomeMy WebLinkAboutBusted Shovel - CUP-07-004 P&Z
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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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
1. 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. 967-6503).
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 9
II-SA.
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 9 II-SA 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 II.
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 ofthe governing body of the City of
Meridian, pursuant to Idaho Code 9 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
By action of the Planning & Zoning Commission at its regular meeting held on the
day of ~/t Lt.L( ,2007. ,
j~
COMMISSIONER STEVE SIDDO
VOTED~
VOTED~
VOTED~
VOTED~
VOTED~
COMMISSIONER MICHAEL ROHM
( Chair)
COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
C
Tara Green, Deputy City ~ler y~) 2
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Copy served upon Applicant:1JIlj~~~anment, Public Works Department and City
/111 11\'
""'111 "",II
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Attorney.
By: ~huJty~~.~
City Clerk
Dated:
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-004
CITY OF MERIDIAN PLANNING DEPARTMENT 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
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. CUP-07-004
Conditional Use Pennit for the operation of a drinking establishment in an 0-
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 of a drinking establishment in an existing 0- 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 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 Plannine: and Zonine: Commission heard this item on April 19. 2007. At the public
hearine:. the Commission moved to approve CUP-07-004.
ih Summary of Commission Public Hearine::
i. In favor: William Kosterman (Applicant)
11. In opposition: None
iii. CommentinlZ: None
IV. Written testimonv: David WynkooP and Carole Gabrielson
v. StaffpresentinlZ application: Sonva Watters
vi. Other staff commentinlZ on application: None
b. Kev Issues of Discussiou bv Commission:
i. ParkinlZ for the site
ii. License AlZfeement with AClID for chairs and tables within the rilZht-of-wav
f:. Kev Council Chan2es 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 fmdings document to be considered at the next Planning and
Busted Shovel- CUP-07-004
Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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, RIE
b. Owner:
M & L Limited Partnership
483 W Oakbampton 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 Pennit (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 detennined 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 Apri116, 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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
b. Description of Character of Surrounding Area: The surrounding area is all zoned 0- T (Old
Town) and mainly consists of small retail and service oriented uses.
c. Adjacent Land Use and Zoning
1. 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
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 Shove1- CUP-07-004
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 ofthe 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 ShoveJ- CUP-07-004
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 11.2D-2 lists the permitted, accessory, and
conditional uses in the Q. T zoning district. Drinking establishments are a conditional use in the
Q.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 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 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 ll-2D-2, a "drinking establishment" requires conditional use permit approval in
the 0- 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 entertaimnent 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 HEARING 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 ll-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-lA). 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
Plalll1ing 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. The Meridian
Plannine and Zonine Commission heard this item on Aorill9. 2007. At the oublic hearine.
the Commission moved to aoorove CUP-07-004.
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 Planning Department on 4/7/06
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)
Busted Shovel- CUP-07-004
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 tluu 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 tluu 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 PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
A. Drawings & Associated Documents
1. Vicinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT 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
AJId13. 2006
To; t.WidiaD' City PI-.u.. a. Zoning
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3041 Cobble Way
MeriIIaa, Idaho 83642
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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 Planning Department on April 7, 2006
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Mr. William R. KQIteII1lIlID
3041 Cobble Way
Meridian, Idaho 83642
1m ZoIling Verification l.etter for the property Locatod at 704 N. Main Street
Dear Mr.ICosterman:
In respoDSC 10 )'OW' requcaI fOr mnm, verification for tho property located at 704 N
Main Street. pllluc DOte the following;
'1lIe $Ilbjec:t prOperty is c:umatJy ZOI:led OpT (Old Town DistrWt).
The propolled RlIIIunlat '* QI1 tho property is listed . a principaUy pcnniucduse m
the 0- T llODe in tho City of Meridian' J Uniftod DcwIopmcot Code (UDC), Table
11.20-1,
A rt$Ia1UlIIIl ill cIdiocd ill UDC 11-104.-1 .... "1'bnMlofasite for the primary
pul'pOlIC oftood pRlplIIalion.lavi:aa kitchen and c:ootiDg filcilitiO$, aad where meals
In rcpIarly served 10 the public for tompcllllldioa "'t.aJso d8f1nes a restaurant as.
"Es1ablilhmca1a wiIh . beer and wiDe license 1had moitlhe definition of reSMumnt
as lilt b1b in Idaho AdmiDistmtivc CodclII.Q'.Ol.OlO.04, iacludingbut notlimitod
to brew pubs and wiDe beta..
The saIcIc:oaswnpdoO of alcoholic bcvel'aaClS is aIIowtd on tNi premises but orily DlI
II &eQ)ndary UlItl to tho lllItaUI'Int, A driDkiDl cstabiilbmcnt would require a
cooditionaJ use paUl in tbo o.:r ZOIIC.
If you should have Ill)' tbrIbar questions rcpnti,Dg this matter. please don't hesitate
10 c:a1l.
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~ ~Carmiu& AICP
Plannina Dircaor
CITY HAl.l. J3 ~A~T liMBO AVENUE M'~RIt>IAN, IDAHO 83M2 (208) 888.4433
eny Cf,r;p: FAX _.utS l'1Tt" A'IjORN.fY Illll- FAX Il84-S1L1 f'NANCI! &t !JTtU1Y SittING - FAX AAi..f813 MA\'t)lt'SOfflU I'."X MUll9
Exhibit A
Page 1
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 thru
4/30/02) showing "Yes" on Restaurant Use
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[ RETAIL ALCOHOL BEVERAGE LICENSE No.' . 2147
.... IDAHO STATE POLICE
THIS IS TO CERTFY. That tlARR Y , S BA;R '" GRILL IHe
Resrourant
Beer $
Keg Beer $
Wine By Thl;! I.Jrink $
Wine By Thil a.;,ltlto $
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DBA: HARRY'S BAR iii GRILL
PREM.NO: lA 31Q
INCORPORATED CITY
IS licensed 10 5ell a\cl:Jhol beverllgtlli II:> stated ~!~__ _'
HARRY'S BAR & GRILL IHe
. BAR It GRILL
T EET
704 E 1ST STREET
MERIDIAN
AUk
IDAHO
10 83642
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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
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RETAIL ALCOHOL 8EVERAGE LICENSE
IDAHO STATE POLICE
HARRY'S BAR iii GRILL INC
THIS IS TO CERTIFY, That
DBA: HARRY'S BAR & GRILL
PREM.NO; lA 314
INCORPORATED CITY
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'HARRY'S BAR & GRILL INC
HARRY'S BAR & GRILL
1704 E ST STREET
MERIOI ID 83642
704 E 1ST STREET
MERIDIAN
ADA
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Exhibit A
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
6. Copy of the Retail Alcohol Beverage License Issued by the State ofIdaho (valid 5/1/03 thru
4/30/04 showing "Yes" on Restaurant Use
r5!~ot:~~
~,:umber; 1A-314 Retail Alcohol Beverago lIeans;o
No. 2004-1090
This Is 10 certify, lhal HARRY'S BAR AND GRllllNC
doing busUae.rs O.t: HARRY'S BAR & GRILL
Is Ilce1l9l!d 10 sell a/coltolic ~roges O.t Stoted below 111: 704 E 1ST STREET, MERIDIAN, ADA COUNTY
A<>;op""," of a llco...e by a retaile, VIall conililfilt knbWlellge of onJ dg_mlll aperou by and in accon/ance
to tlut Ah1ho1 Beverage Code. lIde 23. OnJy the /lUtuee herein /tame;1' the I l11ion herein sP'"'ified .hall ...e thi,
1/ceO.te. , ~
On Premise Consumption:
Restaurant
Beer:
Keg Beer:
Wine by lt1e Drink:
Wine by lt1e Bottle:
liquor by lt1e Dlink:
TOTAL FEE;
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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
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HARRY'S R AND GRilL INC
HARRY'S BAR & GRILL
104 E 1ST STREET
MERIDIAN ID 83642
Mailing Mdrass
lIC1lnse Valle!: 0510112003.413012004
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Expires: 4/3012004
Ob&:tDi'dld.tw:J~A*D
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Premise Number: 1A-314
_00,
No. 2005-1144
T/ti3 i, to certify. that HARRY'S BAR AND GRIll. INC
dalng business O.t: HARRY'S BAR & GRilL
Is licensed to ,ell okoholic beverogeJ/ O.t _ted bel"", at: 704 N MAIN STREET, MERIDIAN, ADA COUNTY
ACCeptanu of a Ii""",e by a retaikr ,haJJ C01l8timte knowledge of 0IId 0 enllo operate by OIId In accorrklnce
to the Alcohol Beverage Code, Title 23. Only llIe lice"",e ""'ein n.omed the j herein tpecifieJ shal/lUe this
license.
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HARRY'S BA AND GRilL INC
HARRY'S BAR & GRill
704 N MAIN STR~ET
MERIDIAN ID 83642
On Premise Consumption:
Restaurant:
Beef;
Keg BeeI':
Wine by the Drink:
WIne by the BotUe:
Uquor by the Drink;
TOTAL FEE:
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MailIng Address
Ucense Valid: 0510112004 - 413012005
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Expires: 4/30/2005
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-::
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
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
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Premise Number; 1A-314 Retail Alcohol Beverage License
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Exhibit A
No, 2006-1235
This Is to certify, that HARRY'S BAR AND GRILL INC
doing busi1less 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 licen.se by a retailer shall CDrII'Ititute knowledge Dffogreement to operate by and in accordance
t? the Alcohol Beverage Code, Title 13. Only the licensee herein nom, the loca ion herein specified shall Wle this
I'CIIMe, '3ifZ.-
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On Premise Consumption:
Restaurant
Beer:
Keg Beer.
Wine by the Drink:
Wine by the Bottle:
Uquor by the Drink:
TOTAL FEE:
. u.c ftItJmber M PtJItnM
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HARRY'S BAR AND GRILL INC
HARRY'S BAR & GRILL
704 N MAIN STREET
MERIDIAN 1083642
Mailing Address
License Valid: 05/01/2005.4/3012006
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Expires: 4/30/2006
OhiCtw"d Idaho Sf_ PaI=o
Page I
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
BBCEIVED
MAY -9 2005
NEW BEER & LIQUOR LICENSE APPLICATION
INTERNAL APPROVAL CHECKLIST ~ Oft)' otMer1diaa
01. Clerk Offlce
For Internal. Office Use Only:
Applicant WIlHam R. Kosterman
Business Name: The Busted Shovel
Location: 704 N. Matn Street
Application J File Fee: B - $20Q L - $562.50 Receipt No. 7935
Economic DeveloDl1lent:
Economic DevelopmentApproval:
Signature
Date
Police Deoartment:
.!~ '
Police Chief Approval:
Signature
Date
Fire Deoartment:
Fire Chief Approval:
Signature
Date
Plannlna & Zonina DeoartmBnt:
P & Z Administrator Approval:
Public Works Deoartment:
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 DEPARTMENT 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 1
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 ltl) feet ofthe 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 ltl) 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
a1cohollicenses 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 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 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 (Czq 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
pennit in compliance with the sign ordinance.
1.10 The Applicant shall have a maximum of 18 months to commence the use as pennitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use pennit 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 DEP ARTMENT STAFF 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 Commission finds that 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 ll-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 Staff s 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 [mds 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 ofthe area. Further, Staff believes that
the proposed use will not adversely change the essential character ofthe 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 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 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 maj or importance.
Exhibit C
Page 2