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BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. CUP-02-044
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A SPORTS BAR ) RECOMMENDATION TO CITY
& GRILL IN A C-G ZONE ) COUNCIL
)
MICHAEL MCGUINNESS, )
Applicant
1.The property is located on the north side of E. Wilson Ln., east of N. Locust Grove Rd.,
Meridian.
2.The owner of record of the subject property is William Geyer, 967 E. Parkcenter Blvd.,
Boise, Idaho 83706.
3.Applicant is Michael McGuinness, 3872 Bunchberry Way, Boise, Idaho 83704.
4.The subject property is currently zoned C-G. The zoning district of C-G is defined within
the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
5.The Applicant requests the 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).
6.The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7.The use proposed which is the subject of this application will, in fact, constitute a
conditional use as determined by City policy.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City Council
of the City of Meridian that they approve the requested Conditional Use Permit as requested by
the Applicant for the property described in the application, subject to the following:
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
MUGGSY’S SPORTS BAR & GRILL BY MICHAEL MCGUINNESS – CUP-02-044 - Page 1
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1.Landscaping shall be installed per the submitted landscape plan (Sheet 1 of 2,
prepared by Stephen R. Teal, dated 11-11-02). All landscaping shall be
continuously maintained and any dead or dying vegetation shall be replaced upon
request from the City.
2.All exterior lighting, whether attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spill over onto 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 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
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
MUGGSY’S SPORTS BAR & GRILL BY MICHAEL MCGUINNESS – CUP-02-044 - Page 2
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the
form of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation). A bid
must accompany any request for temporary occupancy. Any temporary
occupancy will not exceed 60 days to complete the required improvements.
10.As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
11.A Certificate of Zoning Compliance and a Building Permit shall be obtained prior
to the start of construction.
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 of 2
hours to service the entire project. Fire hydrants shall be placed an average of
400’ apart. 1997 UFC Appendix III-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All radii shall be 28’ inside and 48’ outside radius for the internal road system.
5. Provide a 20’ fire 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 of Nampa & Meridian Irrigation District as follows:
1. Please file a Land Use Change/Site Application with the Irrigation District for its
review.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
MUGGSY’S SPORTS BAR & GRILL BY MICHAEL MCGUINNESS – CUP-02-044 - Page 3
E. Adopt the Recommendations of Sanitary Service Company as follows:
1. The waste enclosure is too narrow. Please allow 10’ minimum inside the gate posts,
prefer 11’ clearance.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
MUGGSY’S SPORTS BAR & GRILL BY MICHAEL MCGUINNESS – CUP-02-044 - Page 4