HomeMy WebLinkAboutBusted Shovel - CUP-07-004 CCCITY 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, for The Busted Shovel by William
Kosterman.
Case No(s). CUP-07-004
For the Planning and Zoning Commission Hearing Date of Apri119, 2007 (Findings
approved by Planning and Zoning Commission on May 3, 2007) and City Council Hearing
Dates of June 26, 2007 and July 17, 2007 on appeal (AP 07-004) (Findings approved by City
Council on August 28, 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. §67-6503).
2. The Meridian City Council 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-004 Page 1 of 4
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
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 City Council's authority as provided in Meridian City Code § 11-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. The use of the property as a bar shall be contained within the walls of the
building; the previously approved outdoor cafe use shall no longer be allowed with
the proposed bar use.
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-004 Page 2 of 4
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
period in accord with 11-SB-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 maybe granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
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 maybe filed.
2. 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 property which maybe adversely affected by the issuance or denial of a
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.
E. 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 Page 3 of 4
By action of the City Council at its regular meeting held on the ~l= day of
C , 2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED__~ G~K-
COUNCIL MEMBER JOE BORTON VOTED__~~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~
COUNCIL MEMBER KEITH BIRD VOTED__~~-
TIE BREAKER //
MAYOR TAMMY de WEERD VOTED ~~
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WILLIAM G. BERG, JR., IT CLE~.K~Qpr t$~ ~~ D ~~
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Copy served upon: -/ Applicant
/ Planning Department
J/ Public Works Department
/City Attorney
By: ~~~ ~ ~q~~ Dated: Q ~ I y-U"1
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-004 Page 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
STAFF REPORT Hearing Date: April 19, 2007
TO: Planning & Zoning Commission
FROM: Sonya Waters, Associate City Planner
(208) 884-5533
SUBJECT: The Busted Shovel
• CUP-07-004
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Conditional Use Permit for the operation of a drinking establishment in an O-
Tzone, by William Kosterman.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, William Kosterman, is requesting Conditional Use Permit (CUP) approval for the
operation of a 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 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 Planning and Zoning Commission heard this item on April 19, 2007. At the public
hearing, the Commission moved to approve CUP-07-004.
a. Summary of Commission Public Hearing:
i. In favor: William Kosterman (Applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: David Wynkoop and Carole Gabrielson
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. Parking for the site
ii. License Agreement with ACHD for chairs and tables within the right-of-way
c. Kev Commission Changes to Staff Recommendation:
i. None
Sherer & WynkooR, LLC requested an Annea l of the Commission's decision made at the April 19.
2007 meeting The Anneal was heard by City Council on June 26.2007 and continued to July 17.
2007. At the Julv~, 2007 meeting, the Counc il denied the Apngal~ however. an amendment was
made to the Commission's decision from the ARr1L12, 2007 hearing.
Busted Shovel -CUP-07-004 Page 1 of 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
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). Ifurther 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 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, R1E
b. Owner:
M & L Limited Partnership
483 W Oakhampton Drive
Meridian, ID 83646
c. Applicant /Contact:
William Kosterman
Busted Shovel -CUP-07-004 Page 2 of 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
3048 Cobble Way
Meridian, ID 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 of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: Apri12, 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: Apri17, 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
1. North: Commercial business, zoned O-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 Apri12002: restaurant:
May 2002 to Apri12003: restaurant;
May 2003 to Apri12004: restaurant;
May 2004 to Apri12005: 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 establishment as was required.
Busted Shovel -CUP-07-004 Page 3 of 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
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
£ 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
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
Busted Shovel -CUP-07-004 Page 4 of 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
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 O-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).
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 O-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 11-2D-2, a "drinking establishment" requires conditional use permit 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.
Busted Shovel -CUP-07-004 Page 5 of 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
Further, the business does not allow anyone under the age of 21 to enter the establishment. The
applicant did not submit asite/landscape plan or elevations with this application as the site is not
changing, only the use. However, the applicant will be required to submit asite/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
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-SB-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
Planning Department prior to establishment of the new use. All improvements must be installed
prior to occupancy.
Busted Shovel -CUP-07-004 Page 6 of 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
b. Staff Recommendation: Staff recommends approval of CUP-07-004 for the requested
drinking establishment use in the O-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
Planning and Zoning Commission heard this item on April 19, 2007. At the public hearing,
the Commission moved to approve CUP-07-004.
11. EXHIBITS
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)
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/OS 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 Apri130, 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 of 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
A. Drawings & Associated Documents
1. Vicinity Map
I ~ I I I I I_ I I I I I I I J I I I_
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Exhibit A Page 1
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 Apri13, 2006
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April 3, 2t>Oh ~ '
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R+e: 'Veritcaton Letter ~F~.,7i
I am in need of ~ Zoning Ye»fication letter regmrding lO4 N. Main St., Meridian. I am
purchasing the building as well as the liquor license currently being used in the building.
Alcoleol Bcvcrage Gotitrl)I recede this letter to further pence~,s my ligt~r license
application.
t have enclosed flee SSt) fee for processing this request. Please cell with any questions.
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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 Planning Department on Apri17, 2006
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ttE: Zoning Veri6catian Letter for the property LaartCd at 7t)•i Al Main Street
pear Mr. Kostwmtan:
in response to yrwr regtu~t for inning. verification for the PwQertY locatrxl st 9t?4 Z~
Main Strut,. please note the fallowing:
"llte subj~t prc~ty is curretrtly caned 0= l` (Old 'raven District).
'T?x Pt°p°d'~ restaurant use an this prc~crtl' is listed as a pryncipalty permitted use in
the 0 T m the City of Macidian's unified pevebpmcnt Code (UDC}, Table
11-2D-i.
A restaurant is defrncd in tIDC t l-IA-I as, "'ilte useafa{a~plitias and ~ ~hcr+e mgls
purpcxc of food prc"Eraratian, having kitchen and caokin8
are ,~ +Cd to the public far compensation It also deftaes a r~CStaucant ~_
'"Establishments with a beer and winC liCCnsc that meat the definition of restaurant
as sat Earth in Idaho Administrative Coda 1 I.QS.OI.Olt1.04, including bat not limited
w brtwv pubs and wine bars...
Thv ~a/conwmptian of atcahoGc beverages is atlo-ved on the premises but only as
a sctondanr use to the restaurant. A drinking tscabiishmcnt would require a
ccsnctitianat use permit in the C)-"1` zone.
tf you should have any fitrth+K questions regarding this matter, pk~sc don't hesitate
to Call,
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Page 1
Exhibit A
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 of Idaho (valid 1/1/02 thru
4/30/02) showing "Yes" on Restaurant Use
RETAIL ALCOHOL BEVERAGE LICENSE No. - 2147
IQAHO STATE POLICE
' BAR & GRILL INC
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T1115 IS TO CERTIFY, Thet HARRY S
pREM.NO: lA 314
1)1iA: HARRY'S BAR tit GRILL INCORPORATED CITY
is licensed to sell akx~hol Geverayes as stated below ____
704 E 1ST STREET
o,`. ~ MERIDIAN IDAHO
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o :' ' f~estaurant .
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$ t6 67 _
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Keg dear
$ _ 00
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Wine [3y The Urink
$ -~-~-3~--~
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u, " ~ Wine t)y The pt,llle $
.ors'
Liquor try The Urink ~5b b10 _
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~ FEE $ ales . 00 _
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HARRY'S BAR & GRILL INC
HARRY'S BAR & GRILL
704E 1ST ~REET
... t.,Ta'i~ ID 83642
Maa p~vass
VALID ~/01/2f002--04/30/2002
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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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' ~~: T!~iS !S TG CERT?F`t T;tat HARRY'S BAR & GRILL INC .
DBA: HARRY'S BAR & GRILL PREM.NO: lA 314
INCORPORATED CITY
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HARRY'S.-BAR & GRILL INC
5 ~' 704 E 1ST STREET !HARRY'S BAR & GRILL
` '704 E ST STREET
~< I4ERIDIAN IDAHO IMERIDI ID 83642 ~~ .'
- ,. ADA
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"y Rssi?u a.nt _----YES____ ~ ~
_ ~a Keg Sv:`;r ~ _ VALID /01/2002--04/30/2003
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,~~ irVir ry Tien 3rt+lr', ~ --~0--- ~ `~.. ..
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Page 1
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
Copy of the Retail Alcohol Beverage ~ U erase Issued by the State of Idaho (valid 5/1/03 thtu
4/30/04 showing "Yes" on Restauran
~~~~~~~ v ~~ ate P lic~ ~~
ho~
Ida No 21x14-1090
Premise Number: 'IA-3ia Retail Alcohol Beverage License
v,mm~.me an
This is to certify, that HARRY'S BAR AND GRILL INC
doing business as: HARRY'S BAR 8 GRILL
is licensed to set! alcoholic beverages as stated below at: 704E 1ST STREET, MERIDIAN. ADA COUNTY
Acceptance oja license by a retailer sha(1 constitute knowledge of and agreement to operate by and in accordance
to the Akokol Beverage Code, Title 23. Only the licensee herein wined, t the 1 anon herein specrfied shat! use skis
license. 9
_'.. .. ___..._~ ~... uc uw„ewarm+
On Premise Consumption: ~
Restaurant:
Beer: ~.~
Keg Beer: ~
Wine by the Drink: ~
Wine by the Bottle:
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Liquor by the Drink: 73240.
TOTAL FEE: 800 00
rwe~rwdu.nosuro~
HARRY'S ~R AND GRILL INC
HARRY'S BAR 8 GRILL
704E 1ST STREET
MERIDIAN ID 83642
Mailing Address
License Valkl: OS/01Y1003 - 4/30/2004
Expires: 4/3012004
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of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/04 thru
7. Copy
4/30/05 showing "No" on Restaurant Use
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Premise Number: 'IA-31a Retail Alcohol Bevera a License
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This is to certify, that HARRY'S BAR AND GRILL INC
doing business as: HARRY'S BAR 8 GRILL
is licensed to se(1 alcoholic beverages as stated below at: 704 N MAIN STREET, MERIDIAN, ADA COUNTY
Acceptance oja license by a retailer shat! constitute kwwledge of and °~ ent [o operate by and in accordance
to the Alcohol Beverage Code, Tide 13. Only the licensee gerem wined the l hon herein specified shat! use this
license.
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On Premise Consumption:
Restaurant:
Beer. 5p 00
Keg Beer: 4,90
Wlne by the Drink: 4.QQ
Wlne by the Bottle: 244
Liquor by the Drink: Z;i4,4Q
TOTAL FEE: 800.00
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HARRY'S BAR~AND GRILL INC
HARRY'S BAR & GRILL
704 N MAIN STREET
MERIDIAN ID 83642
Mailing Address
License Valid: 0510'1/2004 - M3012005
Expires: 4/3012005
Page 1
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
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8. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/OS thru
4/30/06 showing "No" on Restaurant Use
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Idaho tate Police
Premise Number: 1A-314 Retail Alcohol Beverage License No. 2006-1235
i,~o~ma car
This is to certify, 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 oja license by a retailer shall constitute knowledge oja agreement to operate by and in accordance !
to the Alcohol Beverage Code, Title 23. Only the licensee herein nam the loco ion herein specified shall use this !
i
license.~~
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-~'spnen~ duoo~~. mo' nom., u.c nremee.o.wror. ~
On Premise Consumption: YS;: HARRY'S BAR AND GRILL INC
Restaurant: I`~
Beer: 50.00 HARRY'S BAR & GRILL
Keg Beer: 4.952 704 N MAIN STREET
Wine by the Drink: Q,QQ ~ ~
Wine by the Bottle: Q,QQ MERIDIAN ID 83642
i
Liquor by the Drink: Z;zQ.4Q 1 ~
TOTAL FEE: .800.00 Mailing Address - ~
License Valid: 05/01/2005 - 4/3012006 ,
Expires: 4/30/2006
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Exhibit A Page 1
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
MAIf - 52006
NEW BEER ~ LIQUOR LIGENSE APPLICATION Oity atll~eriasan
INTERNAL APPROVAL CHECKLIST ~~, ~,k O>'l~
For Internal -Office Use Only:
Applicant: William R. Kosterman
Business Name: The Busted Shovel
Location: 704 N. Maln Street
Application /File Fee: B - $20~ L - X562.50 Receipt No. 7935
Economic Development:
Economic Development Approval:
Signature Date
Police Department:
Police Chief Approval:
Signature Date
Fire Department:
Fire Chief Approval:
Signature Dam
Planning ~ Zoning Department:
i~ ~~
P & Z Administrator Approval:
Sig tune Date
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Public Works Department:
Public Works Director Approval:
Signature Date
PLEASE RETUFja, THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE.
THANK YOU. '""City Council approval scheduled for May 9, 2006**"
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
City of Meridian
Beer License N° 13 4 0
Ac~a- Cotmty, Idaho pp~
Granted Mai 9 2DOd E,xp>r+saAi7~a~t~t~G 2®tTl
TNIS L1QEtYSElegn3rrtad~to W,LZ:C:LmtR R. Ks)s~e2man
doing buslnass as The Sue ~e~o v ems'
(tVanw odBustrws)
to oorldt+ot a retaA bua4Kras to aaadance Draft and Bottled ,Beer x
ro aJl rules ertd n~datigrrs, Bowled Beer Only
Buslneas Cocatton 104 ~T. PSr>r.ta S#nes'~
f3trsot s) ,
In the City of INefldla4 Ada bounty "~ r~qulred 8oense fee therefore having
been pale. This Jlce+rse Is Issas laws d the SYRte ~ IdMo together
with the ordinances of the t.Yfy r'QM~ '_
APPR ~D by the City Catrt~CR 9~k ~3Y of ~ ~9 2 0 (tb
tvClerk .i..~P.,.i:am +3~i 11~ ~.>jrt.~ _ T de Weend
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10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9,
2006 thru Apri130, 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 *'~° ° «a;4:°«n °~ n ,nl °c 4L.° « ° n !''Tro n ,na ,
°°~ all other conditions of approval for this site. 'T'''° n°«a;*:,.«n °~ n««..°.,n, ~-°«, 4L.° nr ro
1,n1F/G I/_l F n4 nF4L,° l.n.- n«.1 ...-:11 L..,;1.7;«.. n4n4°.a 1~.. 4L.° n «l:nn«4
a.u.i ~., icy iw , .
e
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° ° i7n.....,~n 1]n.. n «.1 !'_..:11 b,,,4 . , ;41.;« 41.° n «~;«nn
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~- th~~pli6ant shall ~33Pe~-the 6ei~itlea~--£mc~rTeE}liireT~3el~t~-vr n,7n r,.,,«4.,
T~;..L...,n.. 71:n4..:n4 n«,1 .~,1.4n;« n ,nl „F 4L,° Q4n4° °F T.InT... l:n„~..- t:nn«n:«., ,1°«n,.4...,°«4
~~.r,....K~ ,.~~., ,
the-Celmt~ef ~4da, and the-Git~zeri~;=tlie-sale-~ °c nl ,.i. 1•
b.°..°,-n..°n ;« 4L.° n;,l°...n,l. «..,-F; ..« „~4'4L.° 1~„n;«°nn
derrie~
t7YriY9iYil~uii~}1~--~6lY~vYiiYVrix
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~ rriiC-~ , Dl,,,ti.l.;
~ «.. ~roc~cv~ tYt
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vimvrii!
~]°n4.-:nnl !
,.,ln 41.° L
;.-° n«.1 T ;F C nF 4..l
,..1° nll «n,-L:«.. n«,a « n «4n
1.2 Provide a minimum 1-bicycle parking rack on the site in compliance with the standards listed in
UDC 11-3C-SC.
1.3 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or
distribution of alcoholic beverages.
1 n Ti,° n «l;nn«4 ni,nll n «l....1.,4n;« n r ; ° n,...°°....,°«4 F ,.,..., nrrm ~ .. 41.° «n° ,.~41.° «„1.1:,..-...1.4
..~4t.° n;4°
1.5 Exterior modifications of the building shall be subject to administrative design review in accord
with the "Downtown Meridian Design Guidelines."
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007
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) permit from the Planning
Department prior to commencement of the new use.
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 ACRD did not submit comments on this application.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT 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 O-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 Staffls 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 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.
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 fords 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