HomeMy WebLinkAboutMuggsy's Bar & Grill CUP 02-044
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A SPORTS BAR
& GRILL IN A C-G ZONE,
LOCATED ON THE NORTH SIDE
OF E. WILSON LANE, EAST OF
NORTH LOCUST GROVE ROAD,
MERIDIAN, IDAHO
MICHAEL McGUINNESS,
APPLICANT
C/C 01/28/03
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Case No. CUP-02-044
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on January 28,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and
Zoning Department, and Michael McGuinness, appeared and testified, and the City Council
having duly considered the evidence and the record in this matter and the Recommendations to
City Council issued by the Planning and Zoning Commission who conducted a public hearing
and the Council having heard and taken oral and written testimony, and having duly considered
the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law
and Decision and Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 1
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for January 28,2003, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the January 28,2003, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in a C-G zone and by reason of the
provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located on the north side ofE. Wilson Lane, east ofN. Locust
Grove Road, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2
5. The owner of record of the subject property is William Geyer, 967 E. Parkcenter
Blvd., Boise, Idaho 83706.
6. Applicant is Michael McGuinness, 3872 Bunchberry Way, Boise, Idaho 83704.
7. The subject property is currently zoned C-G. The zoning district ofC-G is defmed
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a sports bar and
grill in a C-G zone. The C-G zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses including
those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section
11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific ReQuirements
1. Landscaping shall be installed per a submitted landscape plan that shall be approved
by the Planning and Zoning Department. A II landscaping s hall 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 adjacent 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 of
the City Zoning and Development Ordinance. All signage is subject to design review
and shall require 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 of the
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 of Idaho 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4
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 0 f credit 0 r c ash in the amount 0 f 110% 0 fthe cost 0 fthe 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.
12. The area west ofthe tavern, along the boundary with Eddy's Bakery Outlet, shall be
landscaped with grass and trees in accord with the Landscape Ordinance. Non
vegetative ground cover shall not be used. A revised landscape plan shall be
submitted to staff for approval prior to issuance of any building permit.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2
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 land around the building.
6. Comply with the Fire Code in effect at the time the build plans are submitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 5
C. Adopt the Recommendations of Central District Health Department as follows:
1. Plans are required to be submitted for a plan review for any food/beverage
establishment.
2. Applicant must contact Deb Camey at CDHD 327-8527 regarding licensure.
D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows:
1. File a Land Use Change/Site Application with the Irrigation District for its
review.
2. 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 District must review
the drainage plans. The developer must comply with Idaho Code 31-3805. It is also
recommended that irrigation water be made available to all developments within the
District.
E. Adopt the Recommendations of Sanitary Service Company as follows:
1. The waste enclosure is too narrow. Allow 10' minimum inside the gate posts,
preferred clearance would be 11'.
F. Adopt the action ofthe City Council taken at their January 28, 2003 meeting as follows:
1. For clarification, the Applicant, Micheal McGuinness, stated on public record at
the January 28,2003 meeting that the project property was not in an industrial
zone; that the C-G zone is not an area that allows club dancing, and that Mr.
McGuinness would not be making the sports bar and grill an entertainment/dance
type of establishment.
14. That the site is large enough to accommodate the required parking, landscaping,
and other features required of a bar/grill use by the MCC Ordinance.
15. The current Comprehensive Plan Land Use Map designates the property as
"Commercial" and is currently zoned "C-G". It is found that the requested "Bar/Alcoholic
Drinking Establishment" use is a "Conditional Use" according to MCC 11-8-1, signifying that, if
approved with the conditions that it will be in harmony with the Meridian Zoning Ordinance and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6
the Comprehensive Plan.
16. It is found that the proposed development will not change the existing or intended
character of the general vicinity (currently a mix of commercial, office, and restaurant).
17. It is not anticipated that the proposed use will have any adverse effect on nearby
properties.
18. It is found that the proposed development will be adequately served by the
essential public facilities and services.
19. It is found that the proposed use would not be detrimental to the economic welfare
ofthe community, nor would it create the need for any new facilities or services to be paid for by
the public.
20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result
from the proposed use.
21. It is found 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.
22. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. ~67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part ofa zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code ~ 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;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance;
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;
d. That the proposed use, ifit complies with all conditions ofthe approval imposed,
will not adversely affect other property in the vicinity;
e. 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, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
facilities and services and will not be detrimental to the economic welfare of the community;
g. 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;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. 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.
5. Prior to granting a conditional use permit in the General Retail and Service
Commercial District (C-G), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all in
accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and
Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 ofthis Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions ofthat approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629,
January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
I. That the above named applicant is granted a conditional use permit for a sports bar
and grill in a C-G zone located on the north side ofE. Wilson Lane, east ofN. Locust Grove
Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the
following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
Site Specific ReQuirements
1. Landscaping shall be installed per a submitted landscape plan that shall be approved by
the Planning and Zoning Department. 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
adjacent 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 of
the City Zoning and Development Ordinance. All signage is subject to design review and
shall require 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 of the
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 11-12-1C.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
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.
12. The area west of the tavern, along the boundary with Eddy's Bakery Outlet, shall be
landscaped with grass and trees in accord with the Landscape Ordinance. Non vegetative
ground cover shall not be used. A revised landscape plan shall be submitted to staff for
approval prior to issuance of any building permit.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2
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 land around the building.
6. Comply with the Fire Code in effect at the time the build plans are submitted.
C. Adopt the Recommendations of Central District Health Department as follows:
I. Plans are required to be submitted for a plan review for any food/beverage
establishment.
2. Applicant must contact Deb Carney at CDHD 327-8527 regarding licensure.
D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12
1. File a Land Use Change/Site Application with the Irrigation District for its
review.
2. 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 District must review
the drainage plans. The developer must comply with Idaho Code 31-3805. It is also
recommended that irrigation water be made available to all developments within the
District.
E. Adopt the Recommendations of Sanitary Service Company as follows:
1. The waste enclosure is too narrow. Allow 10' minimum inside the gate posts,
preferred clearance would be 11'.
F. Adopt the action of the City Council taken at their January 28,2003 meeting as follows:
1. For clarification, the Applicant, Micheal McGuinness, stated on public record at
the January 28, 2003 meeting that the project property was not in an industrial
zone; that the CoG zone is not an area that allows club dancing, and that Mr.
McGuinness would not be making the sports bar and grill an entertainment/dance
type of establishment.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
~ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
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 and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
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.
By action of the City Council at its regular meeting held on the //~ day of
Fe6~q ,2003.
./
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED 4.&,jen...c
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~
COUNCILMAN WILLIAM L.M. NARY
VOTED ~A-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 2-/1-03
-
MOTION: ~
APPROVE' ) "')
-
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:dI~~4-~ ~
City Clerk
Dated: 2-12--~ '3
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A SPORTS BAR
& GRILL IN A C-G ZONE,
LOCATED ON THE NORTH SIDE
OF E. WILSON LANE, EAST OF
NORTH LOCUST GROVE ROAD,
MERIDIAN, IDAHO
MICHAEL McGUINNESS,
APPLICANT
C/C 01/28/03
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Case No. CUP-02-044
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on January 28, 2003, under the
provisions of Meridian City Code ~ 11-17-4 for fmal action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a sports
bar and grill in a CoG zone located on the north side of E. Wilson Lane, east ofN. Locust Grove
Road, Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific ReQuirements
1. Landscaping shall be installed per a submitted landscape plan that shall be approved
ORDER CONDITIONAL USE PERMIT
(CUP-02-044)
-1
by the Planning and Zoning Department. 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 adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with Ordinance II-l3-4C.
3. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance. All signage is subjectto design review
and shall require 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 of the
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 of Idaho 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 0 f credit or c ash in the amount 0 f 110% 0 fthe cost 0 fthe required
ORDER CONDITIONAL USE PERMIT
(CUP-02-044)
-2
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.
12. The area west of the tavern, along the boundary with Eddy's Bakery Outlet, shall be
landscaped with grass and trees in accord with the Landscape Ordinance. Non
vegetative ground cover shall not be used. A revised landscape plan shall be
submitted to staff for approval prior to issuance of any building permit.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2
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. Allradii shall be 28' inside and 48' outside radius for the internal road system.
5. Provide a 20' fire land around the building.
6. Comply with the Fire Code in effect at the time the build plans are submitted.
C. Adopt the Recommendations of Central District Health Department as follows:
1. Plans are required to be submitted for a plan review for any food/beverage
establishment.
2. Applicant must contact Deb Carney at CDHD 327-8527 regarding licensure.
D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows:
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1. File a Land Use Change/Site Application with the Irrigation District for its
review.
2. 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 District must review
the drainage plans. The developer must comply with Idaho Code 31-3805. It is also
recommended that irrigation water be made available to all developments within the
District.
E. Adopt the Recommendations of Sanitary Service Company as follows:
1. The waste enclosure is too narrow. Allow 10' minimum inside the gate posts,
preferred clearance would be 11'.
F. Adopt the action ofthe City Council taken at their January 28,2003 meeting as follows:
1. For clarification, the Applicant, Micheal McGuinness, stated on public record at
the January 28,2003 meeting that the project property was not in an industrial
zone; that the C-G zone is not an area that allows club dancing, and that Mr.
McGuinness would not be making the sports bar and grill an entertainment/dance
type of establishment.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
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day of
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,2003.
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. Corrie, Mayor City of Meridian
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Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney. \,1\""0'1/1,/
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