HomeMy WebLinkAboutLibrary Coffee House CUP03-016BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/27/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A CRAFT
STORE AND COFFEEHOUSE IN
AN O-T ZONE FOR THE LIBRARY,
LOCATED AT 141 EAST
CARLTON, MERIDIAN, IDAHO
Case No. CUP-03-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
CRAIG RITTENHOUSE,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on May 27, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department,
and Craig Rittenhouse, appeazed 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
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERMIT
PAGE 1 OF 15
(2) consecutive weeks prior to the said public hearing scheduled for May 27, 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 May 27, 2003, public hearings; 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 an O-T 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 at 141 E. Carlton, Meridian, Idaho.
5. The owner of record of the subject property is Craig Rittenhouse, 597 N. Liberty
St., Boise, Idaho 83704.
6. Applicant is the same as owner of record.
7. The subject property is currently zoned O-T (Old Town). The zoning district of
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 2 OF 15
O-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a craft store and
coffeehouse in an O-T zone. The O-T zoning designation is 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 proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as "Old Town".
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. The City Council recognizes the concerns of Patricia Younger, Library Director,
stated within her letter dated May 23, 2003.
13. 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
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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 3 OF 15
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC REOUIltEMENTS
1. All parking and areas of circulation shall be improved with a hard surface in
accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the
submitted site plan, ADA and MCC 11-13-4.F.
2. Obtain a shared parking agreement with to allow patrons of the Librazy to use the
Chapel of the Chimes parking lot. A copy of the parking agreement shall be submitted to the
City Clerk's office. The agreement must be recorded.
3. All exterior lighting, whether attached to the building or located within the pazking
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.
4. 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 subj ect 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.
5. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
6. 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.
7. 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.
8. Certificate of Occupancy: All required improvements must be complete prior to
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 4 OF 15
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 imgation). A bid must accompany any request for temporary
occupancy. Any temporary occupancy will not exceed 60 days to complete the required
improvements.
9. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
10. Water and sewer service locations to serve this proposed building were not shown on
the submitted site plan. The designer shall furnish the Public Works Department a new site
plan showing existing and proposed utility mains and service connection.
11. A Certificate ofZoning 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. Address posted in 6" numbers on the front of the building.
2. Provide afire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code.
3. Meet the requirements of the 1997 Uniform Fire Code.
C. Adopt the Recommendations of Central District Health Department as follows:
1. Plans will be required to be submitted for a plan review for any beverage
establishment.
D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
All storm drainage must be retained on site.
2. A Land Use Change/Site application is required to be filed with the Irrigation
District. All laterals and wasteways must be protected. The Developer must comply with
Idaho Code 31-3805.
E. Adopt the action of the City Council taken at their May 29, 2003 meeting as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 5 OF 15
The applicant has obtained permission to use the Chapel of the Chimes parking lot
for the additional ten parking spaces which aze required. Additionally, the
applicant has provided a letter stating that Chapel of the Chimes is in agreement and
approves the additional parking spaces within their parking lot. The applicant shall
be required to provide a recorded document of approval from Chapel of the Chimes
rather than just the written letter. If the applicant is unable to secure a recorded
document from Chapel of the Chimes, then the applicant shall be required to go
through a variance application.
2. For clarification, the name of the craft store and coffeehouse shall be The Library
Coffee House.
The revised Plans dated 5-22-03 are approved.
4. The applicant shall be required to have the trash location and enclosure approved by
Sanitary Services.
14. It is found that the site is not lazge enough to accommodate the required
landscaping, yards and other features required by the Zoning Ordinance, but the applicant has
proposed a parking agreement which will allow customers of The Library Coffee House to use
the Chapel of the Chimes pazking lot. The MCC 12-13-5 requires 1 parking space for each 200
square feet of retail floor azea. The proposed building (including the addition) will be 2,739 sq.
ft. in size. Based on the square footage of the building 14 spaces are required. The applicant's
site plan includes only 4 on site pazking spaces. The applicant is proposing a parking agreement
which would allow customers of the coffeehouse to use the pazking lot at the Chapel of the
Chimes. The handicap parking space provided on the site plan is van accessible per ADA
requirements. The proposed landscaping plan does not meet the standards of the MCC.
However, it is found that the proposed project meets the conditions required to request
Alternative Compliance found in Section 12-13-18-2 of the MCC. The existing structure on the
property and the locations of the existing sidewalks make it prohibitively difficult for the
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERMIT
PAGE 6 OF 15
applicant to meet the required landscape buffers for the subject property. In order to meet the
required landscape buffer minimums the applicant would have to relocate the existing building
and sidewallcs. Given the constraints of the property it is found that the applicant is eligible to
request Alternative Compliance for landscaping.
15. The Comprehensive Plan Land Use Map designates the property as "Old Town".
It is found that the proposed use is harmonious with the Comprehensive Plan. It is found further
that the proposed use is in compliance with the Meridian City Code.
16. It is found that the proposed use will be compatible with the other commercial
uses found in the general vicinity of the subject property.
17. It is not anticipated that the proposed uses will have an adverse affect on the other
property in the vicinity due to the existing traffic conditions in the subject area and the potential
for the proposed application to add to existing traffic problems.
18. It is found that the proposed development will be served adequately by essential
public facilities and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, and sewer.
19. That the proposed use 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.
20. It is found that the proposed use will not be detrimental to any persons, property,
or the general welfare generated by the use.
21. It is found that the proposed use will not create interference with traffic on the
surrounding public streets.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTfIONAL USE PERMIT
PAGE 7 OF 15
22. It is found 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 by the issuance of
this conditional use.
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 (LC. §67-6503).
2. The Meridian City Council 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 Titles XI and XII, Chapter I, Meridian City Code.
As part of a 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 fmding 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,
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 8 OF 15
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 of this 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 chazacter of the same area;
d. That the proposed use, if it complies with all conditions of the 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
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 welfaze 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 Old Town (O-T), 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 of this Title.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 9 OF 15
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 §
11-17-6)
When the City Council 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 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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 10 OF 15
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 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:
1. That the above named applicant is granted a conditional use permit for a craft
store and coffeehouse in an O-T zone, located at 141 E. Carlton, Meridian, Idaho, subject to the
following conditions of use and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC REQUIItEMENTS
1. All parking and areas of circulation shall be improved with a hard surface in accordance
with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site
plan, ADA and MCC 11-13-4.F.
2. Obtain a shared parking agreement with to allow patrons of the Library to use the Chapel
of the Chimes parking lot. A copy of the parking agreement shall be submitted to the City
Clerks office. The agreement must be recorded.
3. All exterior lighting, whether attached to the building or located within the parking lot,
shall bedown-shielded or otherwise altered so that the light does not spill over onto adjacent
properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
4. 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.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERMIT
PAGE 11 OF 15
5. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
6. 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 E nvironmental Q uality 1997 p ublication C atalog o f S form 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.
7. 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.
8. 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 ofcredit
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.
9. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
10. Water and sewer service locations to serve this proposed building were not shown on
the submitted site plan. The designer shall famish the Public Works Department a new site
plan showing existing and proposed utility mains and service connection.
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:
Address posted in 6" numbers on the front of the building.
2. Provide afire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code.
3. Meet the requirements of the 1997 Uniform Fire Code.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 12 OF 15
C. Adopt the Recommendations of Central District Health Department as follows:
1. Plans will be required to be submitted for a plan review for any beverage
establishment.
D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. All storm drainage must be retained on site.
2. A Land Use Change/Site application is required to be filed with the Irrigation
District. All laterals and wasteways must be protected. The Developer must comply with
Idaho Code 31-3805.
F. Adopt the action of the City Council taken at their May 29, 2003 meeting as follows:
1. The applicant has obtained permission to use the Chapel of the Chimes parking lot
for the additional ten pazking spaces which are required. Additionally, the applicant has
provided a letter stating that Chapel of the Chimes is in agreement and approves the
additional parking spaces within their parking lot. The applicant shall be required to
provide a recorded document of approval from Chapel of the Chimes rather than just the
written letter. If the applicant is unable to secure a recorded document from Chapel of the
Chimes, then the applicant shall be required to go through a variance application.
2. For clarification, the name of the craft store and coffeehouse shall be The Library
Coffee House.
The revised Plans dated 5-22-03 are approved.
4. The applicant shall be required to have the trash location and enclosure approved
by Sanitary Services.
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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 13 OF 15
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
property which maybe 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
~/~(/h~- , 2003.
ROLL CALL:
COUNCILMAN KEITH BIIZD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED_~7~
VOTED
VOTED_ `-
VOTED~-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~ /O-~3
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 14 OF 15
i
Mayor Ro ert D. Come
Attest: ``.G\~y ~oa~~ IOi,9 ',.'/.
~~GO TFO
William G. Berg, Jr., City ler = ~F'~L ~
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Copy served upon Applicant, Planning an'&.,~ 'bpi tl~l~p~nt, Public Worlcs
Department and the City Attorney. """~~~ ~~"`"~
By:
Crty Clerk
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CONDITIONAL USE PERMIT
PAGE 15 OF 15
BEFORE THE MERIDIAN CITY COUNCIL
C/C OS-27-03
IN THE MATTER OF TAE APPLICATION OF )
CRAIG RITTENHOUSE FOR A CONDITIONAL )
USE PERMIT FOR A CRAFT STORE AND COFFEE-)
HOUSE IN AN O-T ZONE, LOCATED AT 141 EAST )
CARLTON, MERIDL~N, IDAHO )
CASE NO. CUP-03-016
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 27`h day of May, 2003, 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 the Applicant, CRAIG RITTENHOUSE, is granted a conditional use for a craft store
and coffeehouse in an O-T zone, located at 141 E. Carlton, Meridian, Idaho. The requested
conditional use is described in the legal and vicinity map which are on file in the Clerk's office
located at Meridian City Hall, 33 East Idaho, Meridian, Idaho.
2. That the above named applicant is granted a conditional use permit for a craft store and
coffeehouse in an O-T zone, located at 141 E. Cazlton, 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
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -CRAIG RITTENHOUSE
FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016)
PAGE 1 OF 4
1. All pazking and areas of circulation shall be improved with a hazd surface in
accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the
submitted site plan, ADA and MCC 11-13-4.F.
2. Obtain a shared parking agreement with to allow patrons of the Library to use the
Chapel of the Chimes parking lot. A copy of the pazking agreement shall be submitted to the
City Clerks office. The agreement must be recorded.
3. 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.
4. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe
City Zoning and Development Ordinance. All signage is subject to design review and shall
require sepazate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
5. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
6. 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 E nvironmental Q uality 1997 p ublication C atalog o f S torm 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.
7. 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.
8. 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 maybe 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
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERNIIT -CRAIG RITTENHOUSE
FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016)
PAGE 2 OF 5
occupancy. Any temporary occupancy will not exceed 60 days to complete the required
improvements.
9. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
10. Water and sewer service locations to serve this proposed building were not shown on
the submitted site plan. The designer shall furnish the Public Works Deparhnent a new site
plan showing existing and proposed utility mains and service connection.
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. Address posted in 6" numbers on the front of the building.
2. Provide afire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code.
3. Meet the requirements of the 1997 Uniform Fire Code.
C. Adopt the Recommendations of Central District Health Department as follows:
1. Plans will be required to be submitted for a plan review for any beverage
establishment.
D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. All storm drainage must be retained on site.
2. A Land Use Change/Site application is required to be filed with the Irrigation
District. All laterals and wasteways must be protected. The Developer must comply with
Idaho Code 31-3805.
E. Adopt the action of the City Council taken at their May 29, 2003 meeting as follows:
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -CRAIG RITTENHOUSE
FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016)
PAGE 3 OF 5
1. The applicant has obtained permission to use the Chapel of the Chimes parking lot
for the additionia] ten parking spaces which are required. Additionally, the
applicant has provided a letter stating that Chapel of the Chimes is in agreement and
approves the additional parking spaces within their parking lot. The applicant shall
be required to provide a recorded document of approval from Chapel of the Chimes
rather than just the written letter. If the applicant is unable to secure a recorded
document from Chapel of the Chimes, then the applicant shall be required to go
through a variance application.
2. For clarification, the name of the craft store and coffeehouse shall be The Library
Coffee House.
3. The revised Plans dated 5-22-03 are approved.
4. The applicant shall be required to have the trash location and enclosure approved by
Sanitary Services.
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 the permit.
By action of the City Council at its regular meeting held on the ~ V - day of ~GUi..2~ ,
2003.
Robert D. Come'
Mayor City of Meridian
Attest: `\\\~,~ ~ ~ w n n n,,,
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William G. Berg, Jr., M
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ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -CRAIG RITTENHOUSE
FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016)
PAGE 4 OF 5
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
ui
By: ,:~/J Dated
Crty Clerk
6-~2 -03
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ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -CRAIG RITTENHOUSE
FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016)
PAGE 5 OF 5
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