HomeMy WebLinkAboutFindings~ ~ E1VE
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~Eg 2 2 1999
City of M.er}dian
City Clerk Office
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR ADRIVE-
THRU IQOSI~ IN THE PARIQNG
LOT OF INTERMOUNTAIN
OUTDOOR SPORTS
Case No. CUP-98-104
RECOMMENDATION TO CITY
COUNCIL
BRUCE A. BENOIT dba
BARISTAS ESPRESSO,
Applicant
INTRODUCTION
1. The property is the Intermountain Outdoor Sports Center located at
1375 E. Fairview Ave., Meridian, Idaho.
2. Owner of record of the subject property is Gerry Sweet of 1375 E.
Fairview Ave., Meridian, Idaho.
3. The Applicant is Bruce A. Benoit dba Baristas Espresso of 802 Bacon
Drive, Boise, Idaho.
4. The subject property is currently zoned (C-G),General Retail and
Service Commercial. The zoning of the General Retail and Service Commercial (C-
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT -DRIVE THRU IQOSK
INTERMOUNTAIN OUTDOOR SPORTS
~ ~
G) is defined within the City of Meridian Zoning and Development Ordinance,
Section 11-2-408(B)(11).
5. The proposed application requests a conditional use permit for the
installation of asteel-constructed, factory-built, 8' x 8' (64 sq.ft.) self-contained, drive-
thru lcioslc for the purpose of selling specialty coffee products and pre-packaged food
items: The C-G zoning designation within the City of Meridian Zoning and
Development Ordinance requires that a conditional use permit be obtained for most
uses including those requested by the applicant. (Meridian City Zoning and
Development Ord., Section 11-2-409)
6. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City policy.
7. Conditional Use applications for land in 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. (Meridian
City Zoning and Development Ord., Section 11-2-418(E)).
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT -DRIVE THRU IQOSI~
INTERMOUNTAIN OUTDOOR SPORTS
•
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the conditional use
permit as requested by the Applicant for the property described in the application,
subject to the following:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
1.1 Submit to the Building Department a larger scale of the plumbing plan.
1.2 Zoning Certificate and Certificate of Occupancy are required prior to
operation.
1.3 The use shall not adversely impact surrounding properties due to traffic
and other activities.
1.4 No signage has been proposed, and none is approved with this
application.
1.5 Violation of any of the above conditions shall be cause to revoke a
zoning certificate. The Conditional Use Permit shall be subject to
review upon notice to the applicant.
The Planning and Zoning Commission further advises:
1.6 That all prohibited and non-compliant signs currently on the site be
removed before the issuance of any certificate of compliance and prior to
any occupancy of the facility.
Z:\Work\M\Meridian 15360M\Intermountain Sports\KioskCup.Rec
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT -DRIVE THRU IQOSK
INTERMOUNTAIN OUTDOOR SPORTS
MERIDIAN PLANNING AND ZONING MEETING: FEBRUARY 9 1999
APPLICANT: BRUCE A BENOIT D/B/A BARISTAS ESPRESSO ITEM NUMBER: 4
REQUEST:
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORN EY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
COMMENTS
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REVIEWED
REVIEWED
REVIEWED
U'~I aJk'
SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
SEE ATTACHED COMMENTS
REVIEWED
~~
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OTHER:
All Materials presented at public meetings shall become properly of the City of Meridian. .~~
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MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999
APPLICANT: BRUCE BENOIT D/B/A BARISTAS ESPRESSO AGENDA ITEM NUMBER: 8
REQUEST: CONDITIONAL USE PERMIT FOR KIOSK IN PARKING LOT OF INTERMOUNTAIN
OUTDOOR SPORTS
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED RECOMMENDATION
REVIEWED
REVIEWED
REVIEWED
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
V
~~
II
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l~
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Mar-1Z-99 14:32
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR
CONDITIONAL USE PERMIT FOR ADRIVE-
THRU KIOSK IN THE PARKING LOT OF
INTERMOUNTAIN OUTDOOR SPORTS
BRUCE A. BENOIT, dba BARISTAS )
ESPRESSO, )
Applicant, )
(CUP-98-104)
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE PERMIT
This matter coming before the City Council on the 2"° of March, 1999, for final
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:
1. That Gerry Sweet, owner of the property is granted a conditional use
permit for the applicant, Bruce A. Benoit dba Baristas Espresso, for the installation of a
steel-constructed, factory-built, 8' x 8' (64 sq. ft.) self-contained, drive-thru kiosk for the
purpose of selling specialty coffee products and pre-packaged food items as described
in the Site Plan as bearing Job No. 9444, Sheet A-1.0, Architecture Northwest, Drawn
By: T.A.C., Checked By: R.H., BARISTAS ESPRESSO OF BOISE, LLC, Dated;
December 1998, for the development of the aforementioned project located at 1375 E.
Fairview, Meridian, Idaho.
2. This permit is subject to the following terms and conditions:
2.1 Submit to the Building Department a larger scale of the plumbing plan.
2.2 Zoning Certificate and Certificate of Occupancy are required prior to
operation.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
BRUCE A BENOIT dba BARISTAS ESPRESSO -
P_14
MAR 12 '99 11 52 PAGE. 14
Mar-1Z-99 14:32
2.3 The use shall not adversely impact surrounding properties due to traffic
and other activities.
2.4 Except for signage as shown on the building no signage has been
proposed, and none is approved with this application.
2.5 Violation of any of the above conditions shall be cause to revoke a zoning
certificate. The Conditional Use Permit shall be subject to review upon
notice to the applicant,
2.6 That all prohibited and non-compliant signs currently on the site be
removed before the issuance of any certificate of compliance and prior to
any occupancy of the facility.
3. This order shall be automatically amended for the description of said
parcel at such time as the approval and recording of the final plat of Seabury
Subdivision.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of § 11-2-418 J of the Municipal Code of the City
of Meridian, a copy of which is attached to this permit.
1999,
By:
ROBERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By:
By action of the City Council at its regular meeting held on the 2nd of March,
City Clerk
msp/D:1MyFiles~Meridian City Fite\benoit cup\Order.wpd
Dated:
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
BRUCE A BENOIT dba BARISTAS ESPRESSO -
P_15
MAR 12 '99 11 53 PAGE. 15
•
MERIDIAN CITY COUNCIL MEETING: MARCH 16 1999
APPLICANT: BRUCE A BENOIT D/B/A BARISTAS ESPRESSO AGENDA ITEM NUMBER: 4
REQUEST: CONDITIONAL USE PERMIT FOR DRIVE THROUGH KIOSK
AGENCY
CITY CLERK:
COMMENTS
SEE ATTACHED MINUTES FROM 3/2/99
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
SEE ATTACHED FINDINGS
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE: ~~
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
~ ~
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR
CONDITIONAL USE PERMIT FOR ADRIVE-
THRU KIOSK IN THE PARKING LOT OF
INTERMOUNTAIN OUTDOOR SPORTS
BRUCE A. BENOIT dba )
BARISTAS ESPRESSO, )
Applicant. )
(CUP-98-104)
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT SUBJECT TO CONDITIONS
This matter coming on regularly for public hearing before the City Council on the 2nd
day of March, 1999, at the hour of 7:30 o'clock p.m., and testimony having been received
from the Planning and Zoning Administrator, Shari Stiles, and the Public Works Director,
Gary Smith, and the Applicant, Bruce Benoit, appeared and testified in favor of the request,
and no one else having appeared and testified in opposition to the request, and the City
Council having received the staff report and the record made before the Planning and Zoning
Commission, and being fully advised in the premises, the Council finds and concludes as
follows:
FINDINGS OF FACT
1. A notice of public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for March 2, 1999,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 1
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred (300') feet 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 March 2, 1999, 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 and 67-6512; and §§11-2-416E and 11-2-418E as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting
filed with the staff report.
3. The property is the Intermountain Outdoor Sports Center located at 1375 E.
Fairview Ave., Meridian, Idaho.
4. Owner of record of the subject property is Gerry Sweet of 1375 E. Fairview
Ave., Meridian, Idaho.
5. The Applicant is Bruce A. Benoit dba Baristas Espresso of 802 Bacon
Drive, Boise, Idaho.
6. The subject property is currently zoned (C-G), General Retail and Service
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 2
~ ~
Commercial. The zoning of the General Retail and Service Commercial (C-G) is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(6)(11).
7. The proposed application requests a conditional use permit for the
installation of asteel-constructed, factory-built, 8' x 8' (64 sq. ft.) self-contained, drive-thru
kiosk for the purpose of selling specialty coffee products and pre-packaged food items.
The C-G zoning designation within the City of Meridian Zoning and Development
Ordinance requires that a conditional use permit be obtained for most uses including
those requested by the applicant. (Meridian City Zoning and Development Ord., Section
11-2-409)
8. The .use proposed within the subject application will in fact, constitute a
conditional use as determined by City policy.
9. Conditional Use applications for land in 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. (Meridian City Zoning and
Development Ord., Section 11-2-418(E))
10. That the. following conditions will minimize adverse impact upon other
development in the area and assure that the development is maintained properly:
10.1 Submit to the Building Department a larger scale of the plumbing plan.
10.2 Zoning Certificate and Certificate of Occupancy are required prior to
operation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 3
ClJ
10.3 The use shall not adversely impact surrounding properties due to traffic and
other activities.
10.4 Except for signage as shown on the building no signage has been
proposed, and none is approved with this application.
10.5 Violation of any of the above conditions shall be cause to revoke a zoning
certificate. The Conditional Use Permit shall be subject to review upon
notice to the applicant.
10.6 That all prohibited and non-compliant signs currently on the site be removed
before the issuance of any certificate of compliance and prior to any
occupancy of the facility.
11. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
12. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
13. The use proposed within the subject application will not involve uses,
activities, 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.
14. This application is subject to the conditions hereinafter provided for which
are herein incorporated by reference as a Finding of Fact which is in compliance with the
Comprehensive Plan, because the design, construction, operation and maintenance will
be harmonious and appropriate in appearance with the existing and intended, character of
the general vicinity and the requested conditional use will not change the essential
character of the area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 4
CONCLUSIONS OF LAW
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 (I.C. §67-6503).
2. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized 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 of the "City of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
3. As part of a zoning ordinance the City Council can, subject to requisite
hearing and notice provisions, provide for the process of special and/or conditional use
permits for a proposed use which 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. To develop, occupy and use real property which is designated and zoned
as General Retail and Service Commercial (C-G) within the City of Meridian for an office
building, equipment storage, associated security fencing, landscaping and parking
requires approval by the Commission as provided for under the City of Meridian Zoning
and Development Ordinance, Section 11-2-409.
5. The Commission and Council have the duty and responsibility to review the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 5
facts and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding but the following
standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.):
a Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance.
c. Will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of
the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment
of proposed conditional use shall be able to provide adequately any such
services;
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
g. Will not involve uses, activities, 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. Will have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
and
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
6. Prior to granting a conditional use permit in a General Retail and Service
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 6
•
•
Commercial (C-G) District, one (1) 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 conditional use
permit all in accordance with the provisions of Section 11-2-418E, City of Meridian Zoning
and Development Ordinance.
7. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit is 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 insure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian and Development Ordinance, and Idaho
State law. (Section 11-2-418Ff, City of Meridian Zoning and Development Ordinance.)
8. When the Commission approves a conditional use permit it may impose
conditions of that 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 properly;
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 7
•
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:
That Gerry Sweet, owner of the property is granted a conditional use permit
for the applicant, Bruce A. Benoit dba Baristas Espresso, for the installation and use of a
steel-constructed, factory-built, 8' x 8' (64 sq. ft.) self-contained, drive-thru kiosk for the
purpose of selling specialty coffee products and pre-packaged food items as described in
the Site Plan as bearing Job No. 9444, Sheet A-1.0, Architecture Northwest, Drawn By:
T.A.C., Checked By: R.H., BARISTAS ESPRESSO OF BOISE, LLC, Dated: December
1998, for the development of the aforementioned project located at 1375 E. Fairview,
Meridian, Idaho.
2. This permit is subject to the following terms and conditions:
2.1 Submit to the Building Department a larger scale of the plumbing plan.
2.2 Zoning Certificate and Certificate of Occupancy are required prior to
operation.
2.3 The use shall not adversely impact surrounding properties due to traffic and
other activities.
2.4 Except for signage as shown on the building no signage has been
proposed, and none is approved with this application.
2.5 Violation of any of the above conditions shall be cause to revoke a zoning
certificate. The Conditional Use Permit shall be subject to review upon
notice to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 8
•
2.6 That all prohibited and non-compliant signs currently on the site be removed
before the issuance of any certificate of compliance and prior to any
occupancy of the facility.
3. 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 requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 9
r i
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 property which may be adversely affected by the issuance or
denial of the conditional use permit 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 March 2, 1999.
ROLL CALL
COUNCILMAN ANDERSON VOTED
COUNCILMAN BENTLEY VOTED
COUNCILMAN BIRD VOTED
COUNCILMAN ROUNTREE VOTED ~
MAYOR R D. CORRIE (TIE BREAKER) VOTED
DATED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 10
~ ~
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By~
City Clerk
Dated: ~ ! ~-~~
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RECE~D
MAR 1 6 1999
CITY OF iVIERID114~~t
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 11
• •
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR
CONDITIONAL USE PERMIT FOR ADRIVE-
THRU KIOSK IN THE PARKING LOT OF
INTERMOUNTAIN OUTDOOR SPORTS
BRUCE A. BENOIT, dba BARISTAS
ESPRESSO,
Applicant,
(CUP-98-104)
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE PERMIT
This matter coming before the City Council on the 2"d of March, 1999, for final
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:
1. That Gerry Sweet, owner of the property is granted a conditional use
permit for the applicant, Bruce A. Benoit dba Baristas Espresso, for the installation of a
steel-constructed, factory-built, 8' x 8' (64 sq. ft.)self-contained, drive-thru kiosk for the
purpose of selling specialty coffee products and pre-packaged food items as described
in the Site Plan as bearing Job No. 9444, Sheet A-1.0, Architecture Northwest, Drawn
By: T.A.C., Checked By: R.H., BARISTAS ESPRESSO OF BOISE, LLC, Dated:
December 1998, for the development of the aforementioned project located at 1375 E.
Fairview, Meridian, Idaho.
2. This permit is subject to the following terms and conditions:
2.1 Submit to the Building Department a larger scale of the plumbing plan.
2.2 Zoning Certificate and Certificate of Occupancy are required prior to
operation.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
BRUCE A BENOIT dba BARISTAS ESPRESSO -