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HomeMy WebLinkAboutHarry's Bar & Grill CUPHUB OF TREASURE VALLEY OFFICALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, CIry Troasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Wales Supt. JOHN T. SHAWCROFT, Wasts Watsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P ti Z Adm. KENNETH W. t30WER3, Flra Chief W. L "BILL" GORDON, Pollcs Chlel WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (206) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROSERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chairman MOE AUOJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 11, 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST:_Cor~ditional Use Permit to add a sidewalk cafe BY: Harry's Bar and Grill LOCATION OF PROPERTY OR PROJECT: NE comer of East First Street and Broadway JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: r~ A Good Place to Live CITY OF MERIDIAN CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Stephenson S . Youngerman, III PHONE: 888-9868 ADDRESS: Harry`s Bar & Grill - 704 E. First Street -Meridian, ID GENERAL LOCATION: Property- located on the NE corner of East First and Broadway -Meridian DESCRIPTION OF PROPOSED CONDITIONAL USE: P a a h d sh~Pr ZONING CLASSIFICATION: oz PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and _yards (submit 35 copies). Signature of Applicant LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO n ~~ { n C "`.-~ ~' `~ ~~ ~ '~ r __ _ _ fi:"1 ~~ u~ ~' -i ~ ~ b ~ ~„~ ~~ ~ 1 ~ .. °' ~ _ 11 ~1/ f ~' , •t ~ ~~ _ ~ ~ v~ _ . j ~` ~ 1 '~ r- 3 r 5 .' ~. ...~ ~' ~i _____ ~ ~ ~--- ~! ~ i `~ ~v~"N ~4 L K .~ t, ~\ __ CU _ ,~ ~3K'on ~WA~ s~ ~~_ ~ . __..~ CONTENTS OF CONDITIONAL USE APPLICATION HARRY'S BAR & GRILL 1. Stephenson S. Youngerman, ill 704 East First St. Meridian, ID 83642 (208) 888-9868 2. Steve Smith 501 Shoshone Boise, ID 83705 (208) 335-9009 3. S 39' S 1N of Lots 1/2 Blk 4 Meridian Townsite #8747002 M12760040016 3 N IE 07 Parcel 85672000545 4. See attached. 5. Houses a bar and grill. 6. Same as above. 7. To add a sidewalk cafe consisting of five (5) small tables and ten (10) chairs as described in the plan. 8. OT. 9. Maps (30) are attached. 10. The sidewalk cafe will be an extension of the existing business which is a bar and grill. There is adequate space on the sidewalk in front of the building. The location is on the West side of the building, well shaded at noon and early afternoon and covered by the fifty-four inch (54") facade overhang. 11. See attached list. 12. Fee schedule. 13. I, Stephenson Youngerman, I11 agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether residential, commercial or industrial. 14. 1, Stephenson Youngerman, III verify that I have read the contents thereof and verify that the information contained therein is true and correct. 15. I, Stephenson Youngerman, III state that the property will be posted 1 week before the hearing stating I have applied for a Conditional Use Permit or Zoning. A signed affidavit will be a part of the application. n CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT HARRY'S BAR & GRILL DESCRIPTION OF PROPOSED CONDITIONAL USE: Sidewalk Cafe to be located at the front of the building, outside, facing E. First Street. Consisting of five (5) 24-inch round tables and ten (10) chairs (two chairs at each table). The building roof facade overhangs the sidewalk along its front by fifty- fourinches (54"). The sidewalk, at its narrowest is fourteen feet (14') and at its widest, twenty-one feet (21'). The plan is an extension of the existing food and beverage use of the business and does not alter or add to the site, traffic circulation, etc. other than to add five (5) small tables and ten (10) chairs at the front exterior of the building. a GRANT OF PERMISSION THIS DOCUMENT WILL SERVE NOTICE TO THOSE OF CONCERN THAT THE PARTNERSHIP OWNERS OF THE PROPERTY LOCATED AT 704 EAST FIRST STREET IN MERIDIAN ID. DO GRANT TO MR. STEVE YOUNGERMAN, LESSEE, PERMISSION TO ESTABLISH OPEN AIR DINING UPON THE PREMISES. THIS PERMISSION IS LIMITED TO THE PLACEMENT OF TABLES, CHAIRS AND DECORATIVE LANDSCAPING UPON THE SIDEWALK CONTIGUOUS TO THE BUILDING AS DEEMED APPROPRIATE AND LAWFUL BY CITY OFFICIALS AND CODE. THIS PERMISSION IS GRANTED WITH THE EXPRESSED UNDERSTANDING THAT (1) THERE SHALL BE NO ADDED LIABILITY PLACED UPON THE PARTNERS/OWNERS BY SUCH ACTIVITY, (2) THAT ALL USE AND MANAGEMENT IS WITHIN VERBAL AND/OR WRITTEN GUIDELINES AND CODE OF THE CITY, AND (3) THAT LESSEE'S LIABILITY INSURANCE POLICY WRITTEN ON THIS PROPERTY SPECIFICALLY COVERS SUCH OPERATIONS AND ACTIVITY. SIGNED: DATED: --- ~_~--~~---- - ----~ - -J ~ _ % 5^--- STEVE R. SMITH, PARTNER ~t~~tf ~~~f~L~~fw~ ,~~~,~G : NN ` '7 i ~O ~~~ ~~ # : ~-=~ ~' N~ v8 Lt~ 9 p ~•~'••r8 4A IU ~' ~~ .-. 7 ~ ,. . ~ ~. ,... •~ _. .rip , o = rc~5~ . Z ~. ., .. A - U t~!~~,.~cr~..- .. a•' ~~~- ~ , - , i i ~ ~ , ~ ~ a ] ~ . ~ _ _ ~ _'_ 1 _~ L ~ L- ~~ J ~ 1 , I I I l_1 1 i_ ~ ~~- - ;y WASH/NGTON ST O ?~ A '-- _ I _ T _i _ _ i.: ,c q d ~ i i';1 i _ ~ ~ ~ ~ ~ !~ ~ s T ~S Y'! ~ i i - i 9 ~CAQ~T~N ~~.t.. ,9 __. ._ - - --- ~ I i ~ ~ 8~ ~~ ~ eO ~I ~ 6e~ ~ ~ T~S U _: ~ _~ _ 1_ ~ 1__ 1 J ~ -S -r ~ . I ~ - E. M ~, -- --, ~_---r.., .T--~ -yet, ~ 1 IAA' I Ip T ( _ ~~ ~ ~ N o r i ~ J ,~ /~ ' J a e,. __ i ~ i_ i i ' _i.~.~ _ ~ _~l- L 1- ~ ~ 1 ~ I ~ i j r ~-. .y- ° - -__~ ~~ f~1_i- ~L ~,~~-•-i~-~~ j'~ I j\ ~~~1 ~ III `~ _ _ ,. - T Ii 1 ~~ ~~ _ _ I i~ ,,jj ~_ ~ ,, ~;1~Mj~ „~,~ ~ ~~ - n -_ _ ~, ~° ~ i e° ~-1 1-t-- e,' h~~ ~ ~_F i_l ~'~ 1 l~~ '3.++e ~ ~ , + ~ i ~ -- - --- ------ -- - -- ~ T-T ~ T -~7-r-~- ~ x-1'1 r-. r ~ - 1 i i 6~N~dE t ~ ~i ~ ~ h~ ~ .. ' ~~ ~ ~ ~ ; ~ a ~ ~ i , ~i J i ~ ~; ~~r _ ~_-r~iT ,t.~ 1-,-, ` ~ i '~ r-T r r ,o ;-r-T T i i lJ~~~ A~~ ~s~ ,c' ~ iii, ~ ~° R ~ '~~ ~---- ~ mil/ ~~ ~ ~ ~' e - ~ ~ I i ~ ~ ~~~ ~°' ~ ~ ~ ~ I ;a J - - _ } O f ~ ~e --.... __.- --.' - _. _ -... ~. l„ ~ _ ~ o ~x j ~ ' i ~,., ,0. ! ;;i ~L1 i~ i ~ I ~ i _ .,. a .~ A ,~, 4 ~' '' ~_ i1,_,~, :, , , i ; ;, ~ i i ~ i ~~; ,~ ll~ ~ _l ~ ~- t~ QQ i~j lTTTTT~iMt><r tiD wE R r i i! f~ i I ~ ~~,/ ~ I } 1 , I ~n ~9 0~9 r~T~~, ~T1 ~ ~ j-J ~- .-~ .~-r~-T1 . ~ ~ 1ST a~ i '?i ~; ~. IN '~ 'w, h 5 T. h~ ~r . T -,~- , 1- ±~ ._1_ .~ ~_, ~• i-- ].w roe i ss, _ _ . -_ ;~ ( rte.', 1 ___ - ~ _ _ S - ~r _ _ -- w _-t 7 l- _ -- - - (~ j i 8 ~ i OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 8 2 Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WTI'H THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 11, 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Conditional Use Permit to add a sidewalk cafe BY: Hanv's Bar and Grill LOCATION OF PROPERTY OR PROJECT: NE comer of East First Street and Broadway JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR -RONALD TOLSMA, CIC -BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CONTENTS OF CONDITIONAL USE APPLICATION HARRY'S BAR & GRILL 1. Stephenson S. Youngerman, III 704 East First St. Meridian, ID 83642 (208) 888-9868 2. Steve Smith 501 Shoshone Boise, ID 83705 (208) 335-9009 3. S 39' S IN of Lots 1/2 Blk 4 Meridian Townsite #8747002 M 12760040016 3 N I E 07 Parcel 85672000545 4. See attached. 5. Houses a bar and grill. 6. Same as above. 7. To add a sidewalk cafe consisting of five (5) small tables and ten (10) chairs as described in the plan. 8. OT. 9. Maps (30) are attached. 10. The sidewalk cafe will be an extension of the_ existing business which is a bar and grill. There is adequate space on the sidewalk in front of the building. The location is on the West side of the building, well shaded at noon and early afternoon and covered by the fifty-four inch (54") facade overhang. 11. See attached list. 12. Fee schedule. 13. I, Stephenson Youngerman, III agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether residential, commercial or industrial. 14. I, Stephenson Youngerman, III verify that I have read the contents thereof and verify that the information contained therein is true and correct. 15. I, Stephenson Youngerman, III state that the property will be posted 1 week before the hearing stating I have applied for a Conditional Use Permit or Zoning. A signed affidavit will be a part of the application. CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT HARRY'S BAR & GRILL DESCRIPTION OF PROPOSED CONDITIONAL USE• Sidewalk Cafe to be located at the front of the building, outside, facing E. First Street. Consisting of five (5) 24-inch round tables and ten (10) chairs (two chairs at each table). The building roof facade overhangs the sidewalk along its front by fifty- fourinches (54"). The sidewalk, at its narrowest is fourteen feet (14') and at its widest, twenty-one feet (21'). The plan is an extension of the existing food and beverage use of the business and does not alter or add to the site, traffic circulation, etc. other than to add five (5) small tables and ten (10) chairs at the front exterior of the building. CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Stephenson S. Youngerman, III 888-9868 PHONE: ADDRESS: Harry's Bar & Grill - 704 E. First Street -Meridian, ID GENERAL LOCATION: Praper~y located- on the NE corner of East First and Broadway .- fifer id ian DESCRIPTION OF PROPOSED CONDITIONAL USE:_ Gee attach d GhPPr ZONING CLASSIFICATION: oz PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). Signature of Applicant LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO CONTENTS OF CONDITIONAL USE APPLICATION HARRY'S BAR & GRILL 1. Stephenson S. Youngerman, III 704 East First St. Meridian, ID 83642 (208) 888-9$68 2. Steve Smith 501 Shoshone Boise, ID 83705 (208) 335-9009 3. S 39' S IN of Lots 1/2 Blk 4 Meridian Townsite #8747002 M12760040016 3 N IE 07 Parcel 85672000545 4. See attached. 5. Houses a bar and grill. 6. Same as above. 7. To add a sidewalk cafe consisting of five (5) small tables and ten (10) chairs as described in the plan. 8. OT. 9. Maps (30) are attached. 10. The sidewalk cafe will be an extension of the existing business which is a bar and grill. There is adequate space on the sidewalk in front of the building. The location is on the West side of the building, well shaded at noon and early afternoon and covered by the fifty-four inch (54") facade overhang. 11. See attached list. 12. Fee schedule. 13. I, Stephenson Youngerman, III agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether residential, commercial or industrial. 14. I, Stephenson Youngerman, III verify that I have read the contents thereof and verify that the information contained therein is true and correct. 15. I, Stephenson Youngerman, III state that the property will be posted 1 week before the hearing stating I have applied for a Conditional Use Permit or Zoning. A signed affidavit will be a part of the application. CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT HARRY'S BAR & GRILL DESCRIPTION OF PROPOSED CONDITIONAL USE• Sidewalk Cafe to be located at the front of the building, outside, facing E. First Street. Consisting of five (5) 24-inch round tables and ten (10) chairs (two chairs at each table). The building roof facade overhangs the sidewalk along its front by fifty- fourinches (54"). The sidewalk, at its narrowest is fourteen feet (14') and at its widest, twenty-one feet (21'). The plan is an extension of the existing food and beverage use of the business and does not alter or add to the site, traffic circulation, etc. other than to add five (5) small tables and ten (10) chairs at the front exterior of the building. GRANT OF PERMISSION THIS DOCUMENT WILL SERVE NOTICE TO THOSE OF CONCERN THAT THE PARTNERSHIP OWNERS OF THE PROPERTY LOCATED AT 704 EAST FIRST STREET IN MERIDIAN ID. DO GRANT TO MR. STEVE YOUNGERMAN, LESSEE, PERMISSION TO ESTABLISH OPEN AIR DINING UPON THE PREMISES. THIS PERMISSION IS LIMITED TO THE PLACEMENT OF TABLES, CHAIRS AND DECORATIVE LANDSCAPING UPON THE SIDEWALK CONTIGUOUS TO THE BUILDING AS DEEMED APPROPRIATE AND LAWFUL BY CITY OFFICIALS AND CODE. THIS PERMISSION IS GRANTED WITH THE EXPRESSED UNDERSTANDING THAT (1) THERE SHALL BE NO ADDED LIABILITY PLACED UPON THE PARTNERS/OWNERS BY SUCH ACTIVITY, (2) THAT ALL USE AND MANAGEMENT IS WITHIN VERBAL AND/OR WRITTEN GUIDELINES AND CODE OF THE CITY, AND (3) THAT LESSEE'S LIABILITY INSURANCE POLICY WRITTEN ON THIS PROPERTY SPECIFICALLY COVERS SUCH OPERATIONS AND ACTIVITY. SIGNED: - ~ `~ ~ -~- STEVE R. SMITH, PARTNER -~,Jy",,,,,v, i - C~Q~,,,.~o~-- r nn ~v+~% DATED: ----~_->r-_~5~--- CONTENTS OF CONDITIONAL USE APPLICATION An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: SEE ATTACHED SHEET 1. Name, address and phone number of applicant; 2. Name, address and phone number of owner of subject property; 3. Legal description of property; 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner; 5. Description of existing use; 6. Present use of subject property; 7. Proposed use of the subject property; 8. The District (present zoning) that pertains to the subject property; 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1 " = 300' ); 10. Characteristics of subject property which make a conditional use desirable; 11. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use; 12. A fee established by the Council; $275.00 + $1.42 each for certified mailings for each property owner listed within the 300 feet =Total Fee 13. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial; and 14. The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. 15. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. UARDIAN(n~ SAFETY c7CLARKE AMERICAN BA I ~ p 770 ~~~ ~' ! ~m O ~ ~ ~ J;~ r I I _ I AoA~ '. i' ~~ i ~ ~~ ?maxim !~ o ' ~NAy jf -i A^ = ~ ~ D ' i ~A ~ y • i m D ~ I n.i i ~ ~ ~ ' O ;1 ~ III I r I ~ -. I Ih i I ^ 1 Wm~ I ~ ~ ~ O ~ ~ °' °° //~~ N (O "/ ~ i aD LJ1 ~ i C, ~ ~ I '~' I ~ I I I ~-' I I •• ~ ) i I ~ II ~ . ~ I O I ~ ~ I _ I, I i ~~- I W ~ ~ il l __ r I I li ~ ~ [] ^ U j~ i- ~ I i~ ~1 r rr l I .-`` /~J C ~ I D ~ I , ~ fi I~ ~ ~ N `~ N I G I , ~ ~ .~ .i j ~ j _ -rte - ~ -._ --J~I n CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83842 888-4433 Customer's ~~ Q ~ Order No. Date 19.1_S t ~ ~ V a m e r /' ~'' / c~'~, r/~ /Q ~ ~ ~ Phone: SGLD BY ~~~~ /~ ~r ~ C.O.D. ~ CHARGE ~ ---- ON ACCT. MDSE. RETD PAID GUT 3 ~ ~ p _ /~ C ~/"~- /` i I i i I I I 3 a-v I i I I I I I I I i i All claims and returned. goods MUSTbe accomp aniedbylbis bai. ~ 0 TAX 0 416 5 ByCe1Ve TOTAL i 3~3 ~~ ~~~ PRINTED IN U.S.A. ~" BIU GRANT OF PERMISSION THIS DOCUMENT WILL SERVE NOTICE TO THOSE OF CONCERN THAT THE PARTNERSHIP OWNERS OF THE PROPERTY LOCATED AT 704 EAST FIRST STREET IN MERIDIAN ID. DO GRANT TO MR. STEVE YOUNGERMAN, LESSEE, PERMISSION TO ESTABLISH OPEN AIR DINING UPON THE PREMISES. THIS PERMISSION IS LIMITED TO THE PLACEMENT OF TABLES, CHAIRS AND DECORATIVE LANDSCAPING UPON THE SIDEWALK CONTIGUOUS TO THE BUILDING AS DEEMED APPROPRIATE AND LAWFUL BY CITY OFFICIALS AND CODE. THIS PERMISSION IS GRANTED WITH THE EXPRESSED UNDERSTANDING THAT (1) THERE SHALL BE NO ADDED LIABILITY PLACED UPON THE PARTNERS/OWNERS BY SUCH ACTIVITY, (2) THAT ALL USE AND MANAGEMENT IS WITHIN VERBAL AND/OR WRITTEN GUIDELINES AND CODE OF THE CITY, AND (3) THAT LESSEE'S LIABILITY INSURANCE POLICY WRITTEN ON THIS PROPERTY SPECIFICALLY COVERS SUCH OPERATIONS AND ACTIVITY. SIGNED: DATED: ---- - ----~ ---J r _y5~--- STEVE R. SMITH, PARTNER ,gyp ~~ ~_ ~~<~N ~ L.:.. • v, AU ~~;r8 0 ~~o ~~aa Y~u~__. ~ z - CG ~~. v~-- NOTICE OF HEARING /'~ NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 11, 1995, for the purpose of reviewing and considering the Application of Harry's Bar and Grill for a Conditional Use Permit for land located in Lots 1, 2 -Block 4 of Meridian Townsite, Boise Meridian, Ada County, Idaho, and which property is generally located on the NE corner of East First and Broadway. The Application requests a Conditional Use Permit to add a sidewalk cafe located at the front of the building outside facing E. First Street. Consisting of five (5} 24- inch round tables and ten (10) chairs. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 19th day of June, 1995. . ~ ~ .--- /` ' ~~~~ ~ WILLIAM G. BERG, JR., ITY ERRfC -~----~- ~ 4 ..~ ~- - - i i - _~ .. ~.~ ~'" b ~~ ' O `'s .~ t;. ~.: ~, .~ ~i j ,~ ~-----____ ~r -- ~ ~~ ~ `' -i ~ ~ c ~ ~. ~ _ ~'S L: ~ ~' ~ , ... Pu E 'ti .,~~ ~~ ~ s ~! P .~~ ~~ Q /3K'0/a ~N/~o j1 r Sc~~.t. „~ ~' _~.. ~ 7 ~~ /Y~ -` 1 l_- __ ~ - ~~ 1 r , ~~jjj ~ i It-~ \ ~ ~ ^ ' r' I ~ 1 ° I ~~ ~ ~ ~ ~ __ ~ i1~1l,1111i-. `~ WASN/NGTON Sr.s - - T - 7 i I i ~ ~. tips T1sI~ ._ _ kayo l ~ - -- - - - - ~ 9 C.QQ~.TON ~~.~. 9 • ~ ._-T -_ ------~ 8~' ~ Ba ~! eO l2. I ~~S U o ~ ~ ~ c~ N i 11 0 ~~ ~ 1 i 3 l 1 i i j 1 i i ~ v~ Y1 ~ ~ .~ r- ,- ,, ~ ~~ d~ ~j I , b ~ ~ h ~ 6 ~ ~ ~~ I ~ ~~ j__1. L _. $ S TH 7 t A ~~. ~ ~ M ~r _ rT-~ rr T+?'1"r'TTT I ~, 21 ~ 3 i t'1 6~ I ~ i 6 ~ ~ ~ L ~ i iL.~~15 E '' q~ i ' B~ I i~ a E e~- e ~ ;, ~ ~o --- - -- - - -- - - - _ _ -. _ I - - 2e ~ s~ a~' I i lI~ ~ ~ Q° ~ m Q F /OHHa ' ~ R A /E. '~ - ---... ~ p _ _ .. . , - ~ -T I I I r ~ I ~ ~~ i ~ ,~ :~ ~~ W ml ~ 'tip o ~ ~ ~ j o ~ ~ ~ ~~ ~ ~ i ~ L _L ~ ~ _ 1 T- ' T l T T ~ o I T rr ~ I T-T ~.~..~ l l l~ ao ~~~ e~ ~ I In .~ ~_1_LL~ ~ ~ F ]_ " ~~~ ~ ~~ ~~ , ~ ~ is ~ -- _ _ _ ~ ~~ ~_ , ~-,~-r-, r ~-.--~--- ~~I plE~i, h i~i. a r ~' ~ ~ ~~ _~_ _ ~~r - ~-~~ "r 9,® ~ j ~ TT1 T r , o r l i ' ~Y 'A~,~, ~ ~ ~ .fl~.i° ii ~~r ~ ~h ,. `__ ~ J _ ~,t O '~ QJ V ~ O V O ~~ ~I., Bo S,. I ~' i ~, ~ ~ ~~ `~'~ ~ h ~ i~ ~ i j ` , , ~ ~ 1 1'}1 ~ ,'. ~ ). m I I~~I ~ ;~~ L30 W.E R r~ i !';(;ii "~ ~ 1 ~9 Dq ~ ~~1a !~. i_r T-T t TT Tl ~' S T• w ,ae ~. ~ 9" 20o T i ~55 r* u ~; , ~ -- ~ ---1 1 ~' a s `' i ~ la '"`I _ I i_;.;~ ~6 ~N ~ ~hsr. _h _~1_M _ 1 ~ I I ~,~- .- 7 -- \ __ _ -- w n '~ MERIDIAN CITY COUNCIL MEETING: AUGUST 15 1995 APPLICANT: HARRY'S BAR 8~ GRILL ITEM NUMBER; 17 REQUEST; CONDITIONAL USE PERMIT REQUEST FOR A SIDEWALK CAFE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS MINUTES FROM 7-11-95 P 8~ Z SEE ATTACHED COMMENTS FINDNGS OF FACT AND CONCLUSIONS OF LAW MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS (; i ~ ~ ~U," U ~ .I ~~~ r~ ~'~~ / INTERMOUNTAIN GAS: ~ ~ ~ ~,~ ~~ BUREAU OF RECLAMATION: ~,~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. and the Applicant is not the owner of the property; that the owner, Steve Smith, consents to the application; that the property is described in the application which description is incorporated herein. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a sidewalk cafe in extension of an existing business which is a bar and grill. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That the Applicant stated in his application and at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - HARRY'S BAR AND GRILL PAGE 2 .-. ~ hearing that he wishes to extend his business to an outside cafe consisting of five ( 5 ) small tables and ten (10 ) chairs; that there is adequate sidewalk space in front of the building; that pedestrian traffic is light; that the location of the tables and chairs would be on the West side of the building, covered by the 54" facade overhang; that the tables, made by Grossiflex, are a 24 inch square stacker that have an umbrella hole in the middle, and the chairs are stackable and will be stored outside; that he only anticipates using about 5 feet of the concrete sidewalk, which leaves approximately 7.5 feet for pedestrian traffic; that the intent is not to sell cocktails but to do lunches; that there will be no change in food or drink preparation areas; that this will add friendliness and community to downtown Meridian; that sewer and water is available to the property and the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use. 7. That the Applicant stated that the business is looking to increasing the lunch crowd but the hours during the week are until 9:00 p.m., and serving food until 2:00 a.m. on Friday and Saturday nights; that the Applicant would like to have as many hours as he could but would be willing to work something out. 8. That the Meridian Fire Department commented that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - HARRY'S BAR AND GRILL PAGE 3 table and chairs can not block the exit doors at any time and that the need to have a foot traffic path along the sidewalk at all times; that the Department would not have an objection to the conditional use permit. 9. That the Meridian Planning and Zoning Administrator, Shari Stiles, submitted no comments. 10. That the Assistant to the City Engineer, Bruce Freckleton, submitted comments; that specifically the traffic volumes, both vehicular and pedestrian, have grown considerably over the last couple of years in the downtown area and the Engineer's Department feels that the proposed sidewalk cafe would be a distraction to the motoring public on E. First Street and Broadway, and possibly impede pedestrian traffic on the sidewalks; that the existing Right-of Way line for E. First Street is approximately at the front of the building and the Ada County Highway District would also have to approve of the operation within the Public Right-of-Way. 12. That the Meridian Police Department submitted comments; that the Idaho State Law requires a new premise description to Alcohol Beverage Control; that this conditional use permit would put people under the influence of alcohol in the middle of a public conveyance in the downtown area of Meridian; that the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - HARRY'S BAR AND GRILL PAGE 4 Police Department is not in favor of this conditional use permit. 13. That the Ada County Highway District submitted comments and they are incorporated as if set forth herein; specifically that the Applicant shall obtain a license agreement from the District for the use of the public right-of-way for commercial activities prior to issuance of conditional use approval; that the applicant shall maintain a clear pedestrian walkway, to be a minimum of 5- feet between the proposed outside cafe and existing street signs and utility poles abutting the street; and utility street cuts in the new pavement on E. First Street will not be allowed unless approved by the District Commission. 14. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant FINDINGS OF FACT AND CONCLUSIONS OF LAW - HARRY'S BAR AND GRILL PAGE 5 conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian.. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. The property has sewer and water service. e. The use would not create excessive additional FINDINGS OF FACT AND CONCLUSIONS OF LAW - HARRY'S BAR AND GRILL PAGE 6 requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. f. The use could involve a use, activity, process, material, equipment or conditions of operation that could be detrimental to person, property or the general welfare by reason of serving alcoholic beverages in the open and the distraction that this might present to motorists and pedestrians. g. That the conditional use could be allowed if the below stated conditions are met. 5. That the conditions referenced in 4 g. above are as follows: 1. The tables and chairs shall not block the exit doors at any time. 2. The tables and chairs and the people sitting in them shall be located within five and one-half (5 1/2) feet of the bar and grill building, as stated by the Applicant. 3. There shall be a pedestrian traffic lane, not including the Ada County Highway District of at least seven and one-half (7 1/2) feet. 4. That the Applicant may sell or serve, or allow to be consumed, alcoholic beverages on the sidewalk and outside of the premises of Harry's Bar and Grill, but within the confines of the perimeter of the sidewalk cafe for the hours set forth below for the operation of the sidewalk cafe. therefore Applicant shall obtain an amendment to its beer, wine and alcohol licenses prior to conducting business in the sidewalk cafe. 5. That the Applicant may operate on the sidewalk, in the designated area, from 10:00 a.m. to 10:00 p.m. 6. That the tables and chairs shall be stored inside FINDINGS OF FACT AND CONCLUSIONS OF LAW - HARRY'S BAR AND GRILL PAGE 7 .~. from 11:00 p.m. to 9:00 a.m. and shall not be on the sidewalk between those hours. 6. That the Applicant shall meet the conditions and requirements of the Ada County Highway District and obtain approval of the State of Idaho liquor licensing department, the County of Ada, and the City of Meridian for the sale and serving of alcoholic beverages in the sidewalk portion of the business. 7. That if the Applicant is not in agreement with the above conditions, the permit should be denied. 8. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and paving requirements. APPROVAL OF FINDINCiB OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED _,~ ,~~ VOTED y VOTED_1~~~' VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - HARRY'S BAR AND GRILL PAGE 8 DECISION AND R1:COMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they grant the Conditional Use Permit requested by the Applicant to extend the business to include an outside cafe described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: U ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - HARRY'S BAR AND GRILL PAGE 9 r ~~„ Meridian Planning & Zo~~ing Commission July 11, 1995 Page 39 indicates a proposed bedroom. Would that proposed addition add to that number? Walgamott: What I am estimating, this is my personal estimation and that should bring us right up to the 1600 square feet with that proposed and that is a garage that is already finished, it has already been sheet rocked and everything it just needs to go in and be taped and textured. Removal of the garage door, it already has large windows in there and that is because they take out the kitchen area and the bathroom areas when they figure that and any storage closets, they take out those areas when they figure the amount of children you can have. Rountree: The sole use of the building would be for a day care, there will be no residential use there? Walgamott: No sir Johnson: Any other questions? Thank you, this is a public hearing, anyone else like to address the Commission on this application for a day care center? Seeing no one then I will close the public hearing. This would require findings of fact. Shearer: Mr. Chairman I move we have the City Attorney prepare findings of fact and conclusions of law on this project. Rountree: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law for the application for a day care by the Walgamott's, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A SIDEWALK CAFE BY HARRY'S BAR AND GRILL: Johnson: At this time I will open the public hearing and invite the applicant to address the Commission or his representative. Steve Youngerman, 5451 South Caper Place, Boise, was sworn by the City Attorney. Youngerman: I got the input from the City staff on my request fora .conditional use permit and 1 have kind of prepared some responses for that. I have copies for everybody. Do you have the drawing that we made in your packet? Essentially what we want to do is to put ~-. IJleridian Planning & Zoning Commission July 11, 1995 Page 40 five tables and ten chairs along the overhang on the front of the building that faces E. 1st Street. In the responses and I will just start from the top, the City Engineer or the Assistant to the City Engineer addresses traffic volumes both vehicular and pedestrian. As a concern over the tables being a distraction to the motoring public and possibly impeding pedestrian traffic on the sidewalk, the tables would be shielded from most motorists by parked vehicles being along the visual parking strip along there. (Inaudible) that is 14 feet wide shouldn't impede any kind of pedestrian trafFc. My observation of running a business in downtown Meridian the pedestrian traffic is quite light anyway. Probably less than one person every minute. We have already had the plans reviewed by ACHD and they have approved it and we have a license agreement between Harry's Bar and Grill and ACHD being processed at this time. The Chief of Police raises the concern of the new premise description needs to go to the Alcohol Beverage Control Commission, I have talked to Fred Bums who is our local agent about the project and he has been consulted and is able to provide some input. If an when this is approved would be the appropriate time to give him a new premise description and draw one up for him. The Chief of Police also raises the question about people under the influence of alcohol and in the middle of a public conveyance. The people that would be out there would be under the same kind of rules and restrictions on over service and intoxicated patrons as our inside. The real intent of this is not to sell cocktails on First Avenue East, it is really to increase my lunch business which I don't have a great percentage of my luncheon patrons don't drink Mostly because a great percentage of them go back to work and have a Pepsi or ice tea or something like that. There are a number of establishments in downtown Boise that have outside seating areas and quite a bit larger .than ours, the one that we propose and it seems to work for them quite well. The Fire Marshall raises the question of blocking access to fire exits. We can't block fire exits when you operate a business and we don't, we wouldn't in this instan^r_ Again Central District Health we would give them a new description when at the appropriate time if this is approved. It is important to note that we aren't proposing any change in any kind of food or beverage preparation which is of course about 90% of their concem. Kind of as a closing. downtown Meridian is kind of drying up on us. Zamzows is going to move there is another business on my block that is going to move in 6 months. Little towns all over the country are facing this. People are going out to strip malls and things like that. This will add some community and friendliness to the downtown community that maybe it lacks right now. That is all 1 have to say. Johnson: Thank you, any questions of the applicant? Rountree: Would the tables be secured in the location that you propose? ~eungerman: No they wouldn't, they would be stackable tables mostly for the reason that I would like to stack them up and cable them at night so they wouldn't be ste!en. The tabla I want to use is made by Grossiflex and it is a 24 inch square stacker that has an umbrella ~ ~ Meridian Planning & Zoning Commission July 11, 1995 Page 41 hole in the middle. I have used them in other places that I have operated and you run a cable through the middle and if they want to steal the whole stack or what we will do is attach it to the building. So you stack your chairs and you stack your tables and run a cable through the hole mess and lock them up. Hepper: Would they be stacked on the outside? Youngerman: That was our plan, it is going to be nice clean looking stuff. Shearer: Would you anticipate holding this out in the bulb? Youngerman: No, mostly because it is so sunny out there most of the year. I know that Bolo's has a new outside seating area it is on the south side of their building and you don't see many people out there in the afternoon because it is so hot right now. I might add to on the traffic impediment, pedestrian impediment, Zamzows has got steer manure and dog houses and calf hutches and everything else stacked underneath their overhang and I kind of have a feeling that if steer manure is appropriate on the sidewalk in Meridian maybe people eating lunch ought to too. Johnson: Any other questions of Steve? Shearer: I would anticipate though that you would need to keep 5 foot of concrete on the exterior side open. Youngerman: That is what ACRD said to us too. Shearer: Which means, actually that is 15 foot not 14 foot that you have that there is 2 foot of brick and 6 inches of curb so there is 2.5 feet and another 5 would be 7.5 feet in which would leave you about 7.5 feet to work with. Youngerman: We are only anticipating using about 5, the tables are 24 inches wide and a 36 inch alley should be adequate. Shearer: I think if you have 5 feet between the brick and the tables, you would be more than adequate. Youngerman: I know that the guy from ACRD thought that it had increased the traffic county by 120 cars a day. I figure there are about 1.5 people per car and if I could be 180 people in for every 10 seats I added I would be adding seats fast and furiously I tell you. I think that is a little bit exaggerated. Meridian Planning ~ Zoning Commission July 11, 1995 Page 42 Johnson: I have a question regarding the hours. of use, the concern by the police department seems to be alcohol and the open container law. Would it be possible or a consideration for this only to be used certain hours of the day like the noon hour or do you also anticipate this in evening hours. Youngerman: My grill is open on week nights until 9:00 and we serve food until 2:00 on Friday and Saturday nights. I would like to have as many hours as I could but I also want to do this. Johnson: I am just kind of echoing what you said, you would like to see your lunch crowd grow. I don't eat lunch at 9:00. Youngerman: If that was something that we could work out I would be open to that. Johnson: Anything else? Thanks Steve, anyone else from the public that would like to come forward on this application? Everyone is here for the las item so we will now close this public hearing. This is a request for a conditional use permit it would require findings of fact from the City Attorney. Rountree: Mr. Chairman, I move we have findings of fact prepared on this item. Hepper: Second Johnson: It is moved and seconded we the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #26: PUBLIC HEARING WITH REQUEST FOR ANNEXATION AND ZONING OF 4.54 ACRES TO LIMITED OFFICE FOR TREASURE VALLEY BABTIST CHURCH BY RICHARD DEMICHELE: Johnson: I will now open the public hearing and invite the applicant or his representative to come forward and address the Commission. Frank Graham, 2704 Northwest 13th, was sworn by the City Attomey. Graham: I just wanted to, I had a couple of questions here on the letters and the comments that come bads from and I think the one was from the fire department and it said that they were concerned about us building wooden furniture and other equipment inside of the building. I don't know what we would build inside of the church, we don't build HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF 1VIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8$7-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; HARRY' S BAR AND GRILL - 704 E. FIRST STREET (Request for Conditional Use Permit -Sidewalk Cafe) r'OUNGIL MEMBERS RONALD R.TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER July 7, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: i . Traffic volumes, both vehicular and pedestrian, have grown considerably over the last couple of years in the downtown area. We feel that the proposed sidewalk cafe would be a distraction to the motoring public on E. First St. and Broadway, and possibly impede pedestrian traffic on the sidewalks. 2. The existing Right-of-Way line for E. First Street is approximately at the front of the building. If this application is approved, the Ada County Highway District would also have to approve of the operation within the Public Right-of--Way. C: \WPWIN60\GENERAI.\HARRY' S. CUP OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Troasurer GARY D. SMITH, P.E. City Enylnesr BRUCE O. STUART, Water Works Supt. JOHN T. SHAWCROFr, Warts Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P fi 2 Adm. KENNETH W. BOWERS, Fln Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASUIeE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 858-4433 • FAX (206) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE wALT w. MoRROw P~ Z COMMIS810N JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~ulk11 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Conditional Use Permit to add a sidewalk cafe BY: Ham's Bar and trill LOCATION OF PROPERTY OR PROJECT: NE comer of East First Street and BroadwaX JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z -TIM HEPPER, P2 -GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT~~C~,~~~ ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~ U Rj 2 ~ ~~~~ NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT CITY O~ ~fE~~I3IA~l fDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATI~V(~tELIM 8 FINAL PLAT) CITY FILES ~~ // / .~ ~ ~.. YOUR CONCISE REMARKS: Idaho State Law requires anew premise description to Alcohol Beverage Control. Meridian Ordinance -This bar is one of three bars that caused the open container ordinance to be written. _ This conditional use permit would put people under the influence of alcohol in the middle of a public conveyance (sidewalk) from opening to closing time. The downtown area of Meridian is the highest area of activity for Meridian Police Department, and it is my opinion that to control someone under the influence-with an agreement, promise or a conditional use permit could not be done. I would hate to see us go backwards. OFFICIALS WILLIAM O. BERG, Jr., City Clerk JANICE L. fiASS, Clty Trsaauror OARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waets Watsr Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P 6 2 Adm. KENNETH W. BOWERS, FlroChlef W. L. "BILL" CiORDON, Police Chief WAYNE O. CROOKSTON, JR., Ariomey HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888~4~433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KtNGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINOTON ROSERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: -!a1X11 1995 TRANSMITTAL DATE: fi/20/95 HEARING DATE: 7/11/95 REQUEST: Conditional ;,ise Per::~'t to arm a citywalk Cafe BY: Ham's Bar and rill LOCATION OF PROPERTY OR PROJECT: NE comer of East First Street and Broadway JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES ~ ~ ~ ~ ` ~j (' OTHER: / J YOUR CONCISE REMARKS: ~ e ~ ) a A fZs f ~1N 7'i M <2 ~ Tli.sr.e i'V,L.,2r S ~ A~ J ~'•- /-'oJ T A-I 7 c ~r- i4- C6;.~~ f4.~ ~%I?F_ - f9- l ~- /~- Loc_ % / .mot ~ S . ~a_ ~- l i CENTRAL •• DISTRICT 'tl'HEALTH DEPARTMENT Rezone # CENT r~AL DISTRICT HEALTH DEPARTMENT Environmental Health Division ~_, ~: ~ Conditional Use # T/~1 Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle ^ Garden city _ ~ Meridian ' ^ Kuna ^ Acz ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this. Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ t 2. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~ / ~~ /g~ ^ 15. Date: << Reviewed By: Review Sheet CDHD 10/91 rcb, rev. I/9S /""`~ l '°.~ a ~. 1, s . JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: Stephenson S. Youngerman, III 704 E. First Street Meridian ID 83642 FROM: Karen Gallagher, Coordi t Development Services Divi SUBJECT: MCU-13-95 Broadway Ave e/o E. First St Sidewalk Cafe July 5, 1995 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 5, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • AD COUNTY HIGHWAY L~'TP~ICT Development Services Di~-ision Preliminary Report MCU-13-95 -Sidewalk cafe Broadway Avenue e/o E. First Street, City of Meridian The applicant is requesting conditional use approval to add :~ >ide«lalk dining area to an existing cafe. The 0.1-acre site is located on the northeast r~~rner of Broadway Avenue and E, First Street. This development is estimated to generate 1?0 additional ~~ehicle trips per day. Roads impacted by this development: Broadway Avenue -Local street with no pathway designation - No traffic count available E. First Street -Minor arterial with bike route designation - Traffic count 20,359 on 3-23-95 H~ ~~ ------rr-°- A ~E. 0 M 1 ~ F. - °~ ~ A- ~~ ~, a ~~~ a '~ _ N 1 ~ 1~ ~'~ ~ ]A ~ F R NO ~JR~ A£Ti iPQO. ~ `~' ~ 3, e~ P/NE ~~ - z: _ ~.. _. _.. - e- ~ ~. ' L11~ li~~. ~~ ~. ~ r. e ~~ _~~ C ` p F io,gr+o E five. q'( Qo 1 • 5 ea~AO ,, y ASE. A' ~~ - a ; ~ ^~, ° G.NiAf /'. ~ I ~.. ~_ 90 ~ : - ' _ 'f0~~g' ~ 'D'pi /Gy~l' .v ~ - ' ~ °. ..~. _ _ O ~~ _ - d -~-~ ~ , WPD ACRD Commission Date -July ~. 199 - 12:UU h.m. n Facts and Findings: A. General Information OT -Zoning 0.1 -Acres 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Broadway Avenue Local street with no pathway designation No traffic count available 60-feet of frontage 40-feet existing right-of-way n/o centerline No additional right-of-way required Broadway Avenue is improved with two travel lanes with angle parking, curb, gutter and sidewalk. F., First Street Minor arterial with bike route designation Traffic count 20,359 on 3-23-95 40-feet of frontage 80-feet existing right-of-way (40-feet from centerline) No additional right-of-way required E. First Street is improved with two traffic lanes with parallel parking, curb, gutter and sidewalk. The sidewalk abutting this site is approximately 11.E-feet wide. E. First street was rebuilt approximately three years ago. B. There is currently a cafe located at the site ("Harry's Bar and Grill"). The applicant is proposing to add a sidewalk dining area to the existing cafe. Staff recommends that applicant obtain a licence agreement from the District for the use of the public right-of--way for commercial activities. Staff also recommends that a clear pedestrian walkway be maintained, to be a minimum of 5-feet between the proposed outside cafe and existing street signs and utility poles abutting the street. C. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. D. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on July 11, 1995. The following requirements are provided to the City of Meridian as conditions for approval: MCU-13-95 Page 2 /'~ ~. HUB OF TREASURE VALLEY COUNGL MEMBERS • ~ r OFFICIALS A Good Place to Live RONALpR.TOLSMA MAX YERRINGTON WILLIAM G. BERG, Jr., Gty Gerk JANiCE L GASS, City Treasurer ERIDIAN ROBERT D. CORRIE W ALT W. MORROW E CITY OF M pRZG,MMISSION Work Supt. BRUCE O.STUART,Water JOHN T. SHAWCROFT, waste wale supt. 33 E. pgI' IDAHO JIM JOHNSON, Chairman OE ALIOJANI DENNIS J. SUMMERS, Parks Supt. p a z Aam IDAHO 83642 MERIDIAN M JIM SHEARER . SHARI 3. STILES, , CHARLIE ROUNTREE KENNETH W. BOWERS. Fire Chief Phone (208) 8884433 • FAX (208) 887813 TIM HEPPER W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: ,~i X11 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Conditional Use Permit to add a sidewalk cafe BY: _Harrv's Bar and rill LOCATION OF PROPERTY OR PROJECT: NE comer of East First Street and Broadway JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Chanee/Site Development application be filed for review prior to final nlattinQ. Contact Donna Moore at 343-1884 or 466-7861 for further information ill Henson, Assi Nampa & Meridian Irrigation District 9 n ~;,~,.,,.. /'~ ~a~sr~itia & ~l~nuliaoc ~Ivugatcu~c ?>ca~z~ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Stephenson S. Youngerman, III 704 East First Street .Meridian, ID 83642 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Harry's Bar & Grill Dear Mr. Youngerman: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 7 July 1995 ~arr~~'s [gar & Grill 704 East 1st St. Meridian, ID 83642 To: Mayor, City Council, Planning & Zoning From: Steve Youngerman, Proprietor Subject: Proposed Sidewalk Cafe In response to the various questions raised by the conditional use permit process, we have prepared the following answers. • The tables will be shielded from most motorists views by parked vehicles much of the time. Requiring only 5' of a sidewalk that is 14' feet wide at its narrowest will prevent us from impeding extremely light pedestrian traffic, pedestrian traffic in Downtown Meridian is well below one pedestrian every minute upon average. • ACHD have already reviewed the plans and a license agreement between Harry's Bar & Grill and ACRD is being processed at this time. Fred Burns, of Alcohol Beverage Control has been consulted about the project and has been able to provide input, a new premise description will be submitted at the appropriate time. Our outside seating area would be subject to the same kinds of rules on over serving and intoxicated patrons as any inside seating and would help to control those patrons who would like to get a breath of fresh air. A number of establishments in downtown Boise have outside seating areas considerably larger than that which we propose. • Fire codes prohibit any blockage of fire exits under any circumstances. • Central District Health will be asked to inspect at the appropriate times, it is important to point out there will be no changes in any food or beverage preparation areas. Meridian's Downtown is in a serious state of decline, retail business have fled to the outlying areas. It was sad to see the lack of participation in the Dairy Days Sidewalk Sale. I guess it's hard to sell insurance and accounting services at a side walk sale. A side walk cafe would add warmth and a feeling of community to the downtown area, something that it lacks at this time. G~~~^^.,.~~ /, ~'`,c' c-- ~` -~~- n ~ ~~ ~ ~ planning &, Zoning Commission, Mayor and Council August 15, 1995 Page 3 fence is falling down. Property buyers within the subdivision claim the Developer has "sold" them the 11' ± to add to their lot. Item 11 - Whitestone Estates Subdivision Annexation and Zoning -Comments have not been addressed in any form, either verbally or in writing. Although I did receive a telephone call from Mirazin Shakoori, the owner of 120 acres to the west, I have not received a signed waiver from him. A development agreement is required as a condition of annexation. Item 12 - Whitestone Estates Subdivision Preliminary Plat -Comments have not been addressed in any form, either verbally or in writing. Details of pathway along Ten Mile Creek have not been received. Variances would be required to accept the preliminary plat in its present configuration. Item 13 - Franklin Grove Commercial Center -Initial findings asked for a tabling of the annexation request until further information was provided. This information was provided to the Commissioners on an individual basis. If approved, I would recommend that very specific requirements be included in the annexation ordinance. A development agreement is required as a condition of annexation. Item 14 - Highlands. Ranch Subdivision Annexation & Zoning - FF/CL prepared by the P&Z Commission would require extensive changes in both the "preliminary plat" and "conditional use permit" applications submitted. P&Z is not prepared to act on the plat or CUP until Council has acted on the annexation. Information submitted does not meet the requirements for a preliminary plat or a conditional use permit, and is very conceptual in nature. L-O request would require a change in the Comprehensive Plan. Item 15 - Avest Plaza Conditional Use Permit -Lot 2, Block 1 -During the public hearing process, Applicant's representative stated that uses along Locust Grove Road would be "low impact";two drive-thrus that will operate until midnight every night are not at all low impact.:. Applicant should have considered switching uses for Lots 2 and 5. I concur with P&Z's recommendation that the conditional use permit be denied. Item 16 - Avest Plaza Conditional Use Permit - I.ot 5, Block 1 -Comments have been addressed and a mvised site plan has not been submitted. Item 17 - Harry's Bar & Grill -YES!! I want to go to lunch there tomorrow and sit outside. Council may want to consider limiting seating to daylight hours only instead of a 10:00 a.m. to 10:00 p.m. limit. /'~ Meridian Planning & Zoning Commission August 8, 1995 Page 13 Johnson: We have a motion and a second to approve of the findings of fact as presented for item #11, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Hepper: Mr. Chairman, 1 move the Meridian Planning and- Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, fire and life safety codes and other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Rountree: Second Johnson: We have a motion and a second to pass on the recommendation as stated by Commissioner Hepper, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A SIDEWALK CAFE BY HARRY'S BAR AND GRILL: Johnson: Is there any discussion regarding these findings of fact? Rountree: Mr. Chairman, I move the Meridian Planning and Zoning Commission adopts and approves the findings of fact and conclusions as revised. Shearer: Second Johnson: It is moved and seconded that vue approve the findings of fact as prepared by the City Attorney, those indicated as being revised, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: AUGUST 8 1995 APPLICANT: HARRY'S BAR AND GRILL AGENDA I TEM NUMBER: 72 REQUEST: FlNDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMR AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: COMM NTS FINDINGS OF FACT AND CONCLUSION ~OF LA ~~ ~ ~ ~a ~- ~~~ ~~` ~t ~C ~ ~~C ~~~ a~ r ~~ ~ ~~ ~~ ~~, ~ ~, P~ -~ U~~ k~,,:,~1 OTHER: ~!! Materials presented at public meetings shall become property of the City of Meridian. ~ ~ _ Meridian Planning & Zoning Commission July 11, 1995 Page 39 indicates a proposed bedroom. Would that proposed addition add to that number? Walgamott: What I am estimating, this is my personal estimation and that should bring us right up to the 1600 square feet with that proposed and that is a garage that is already finished, it has already been sheet rocked and everything it just needs to go in and be taped and textured. Removal of the garage door, it already has large windows in there and that is because they take out the kitchen area and the bathroom areas when they figure that and any storage closets, they take out those areas when they figure the amount of children you can have. Rountree: The sole use of the building would be for a day care, there will be no residential use there? Walgamott: No sir Johnson: Any other questions? Thank you, this is a public hearing, anyone else like to address the Commission on this application for a day care center? Seeing no one then I will close the public hearing. This would require findings of fact. Shearer: Mr. Chairman I move we have the City Attorney prepare findings of fact and conclusions of law on this project. Rountree: Second Johnson:. It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law for the application for a day care by the Walgamott's, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A SIDEWALK CAFE BY HARRY'S BAR AND GRILL: Johnson: At this time I will open the public hearing and invite the applicant to address the Commission or his representative. Steve Youngerman, 5451 South Caper Place, Boise, was sworn by the City Attorney. Youngerman: I got the input from the City staff on my request for a conditional use permit and I have kind of prepared some responses for that. I have copies for everybody. Do you have the drawing that we made in your packet? Essentially what we want to do is to put ~ ~ Meridian Planning & Zoning Commission July 11, 1995 Page 40 five tables and ten chairs along the overhang on the front of the building that faces E. 1st Street. In the responses and I will just start from the top, the City Engineer or the Assistant to the City Engineer addresses traffic volumes both vehicular and pedestrian. As a concem over the tables being a distraction to the motoring public and possibly impeding pedestrian traffic on the sidewalk, the tables would be shielded from most motorists by parked vehicles being along the visual parking strip along there. (Inaudible) that is 14 feet wide shouldn't impede any kind of pedestrian traffic. My observation of running a business in downtown Meridian the pedestrian traffic is quite light anyway. Probably less than one person every minute. We have already had the plans reviewed by ACRD and they have approved it and we have a license agreement between Harry's Bar and Grill and ACRD being processed at this time. The Chief of Police raises the concern of the new premise description needs to go to the Alcohol Beverage Control Commission, I have talked to Fred Bums who is our local agent about the project and he has been consulted and is able to provide some input. If an when this is approved would be the appropriate time to give him a new premise description and draw one up for him. The Chief of Police also raises the question about people under the influence of alcohol and in the middle of a public conveyance. The people that would be out there would be under the same kind of rules and restrictions on over service and intoxicated patrons as our inside. The real intent of this is not to sell cocktails on First Avenue East, it is really to increase my lunch business which I don't have a great percentage of my luncheon patrons don't drink Mostly because a great percentage of them go back to work and have a Pepsi or ice tea or something like that. There are a number of establishments in downtown Boise that have outside seating areas and quite a bit larger than ours, the one that we propose and it seems to work for them quite well. The Fire Marshall raises the question of blocking access to fire exits. We can't block fire exits when you operate a business and we don't, we wouldn't in this inJtC?!!t~- Again Central District Health we would give them a new description when at the appropriate time if this is approved. It is important to note that we aren't proposing any change in any kind of food or beverage preparation which is of course about 90% of their concem. Kind of as a closing downtown Meridian is kind of drying up on us. Zamzows is going to move there is another business on my block that is going to move in 6 months. Little towns all over the country are facing this. People are going out to strip malls and things like that. This will add some community and friendliness to the downtown community that maybe it lacks right now. That is all I have to say. Johnson: Thank you, any questions of the applicant? Rountree: Would the tables be secured in the location that you propose? Yeungerman: No they wouldn't, they would be stackable tables mostly for the reason that I would like to stack them up and cable them at night so they wouldn't be s±olen. The table I want to use is made by Grossiflex and it is a 24 inch square stacker that has an umbrella n ~ Meridian Planning & Zoning Commission July 11, 1995 Page 41 hole in the middle. I have used them in other places that I have operated and you run a cable through the middle and if they want to steal the whole stack or what we will do is attach it to the building. So you stack your chairs and you stack your tables and run a cable through the hole mess and lock them up. Hepper: Would they be stacked on the outside? Youngerman: That was our plan, it is going to be nice clean looking stuff. Shearer: Would you anticipate holding this out in the bulb? Youngerman: No, mostly because it is so sunny out there most of the year. I know that Bolo's has a new outside seating area it is on the south side of their building and you don't see many people out there in the afternoon because it is so hot right now. I might add to on the traffic impediment, pedestrian impediment, Zamzows has got steer manure and dog houses. and calf hutches and everything else stacked underneath their overhang and I kind of have a feeling that if steer manure is appropriate on the sidewalk in Meridian maybe people eating lunch ought to too. Johnson: Any other questions of Steve? Shearer. I would anticipate though that you would need to keep 5 foot of concrete on the exterior side open. Youngerman: That is what ACHD said to us too. Shearer: Which means, actually that is 15 foot not 14 foot that you have that there is 2 foot of brick and 6 inches of curb so there is 2.5 feet and another 5 would be 7.5 feet in which would leave you about 7.5 feet to work with. Youngerman: We are only anticipating using about 5, the tables are 24 inches wide and a 36 inch alley should be adequate. Shearer: I think if you have 5 feet between the brick and the tables, you would be more than adequate. Youngerman: I know that the guy from ACHD thought that it had increased the traffic county by 120 cars a day. I figure there are about 1.5 people per car and if I could be 180 people in for every 10 seats I added I would be adding seats fast and furiously I tell you. I think that is a little bit exaggerated. ~ ~ Meridian Planning & Zoning Commissio~~ July 11, 1995 Page 42 Johnson: I have a question regarding the hours of use, the concern by the police department seems to be alcohol and the open container law. Would it be possible or a consideration for this only to be used certain hours of the day like the noon hour or do you. also anticipate this in evening hours. Youngerman: My grill is open on week nights until 9:00 and we serve food until 2:00 on Friday and Saturday nights. I would like to have as many hours as I could but 1 also want to do this. Johnson: I am just kind of echoing what you said, you would like to see your lunch crowd grow. I don't eat lunch at 9:00. Youngerman: If that was something that we could work out I would be open to that. Johnson: Anything else? Thanks Steve, anyone else from the public that would like to come forward on this application? Everyone is here for the las item so we will now close this public hearing. This is a request for a conditional use permit it would require findings of fact from the City Attorney. Rountree: Mr. Chairman, I move we have findings of fact prepared on this item. Hepper: Second Johnson: It is moved and seconded we the City Attorney prepare findings of fact and conclusions of law, afl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #26: PUBLIC HEARING WITH REQUEST FOR ANNEXATION AND ZONING OF 4.54 ACRES TO LIMITED OFFICE FOR TREASURE VALLEY BABTIST CHURCH BY RICHARD DEMICHELE: Johnson: I will now open the public hearing and invite the applicant or his representative to come forward and address the Commission. Frank Graham, 2704 Northwest 13th, was sworn by the City Attorney. Graham: I just wanted to, I had a couple of questions here on the letters and the comments that come back from and I think the one was from the fire department and it said that they were concerned about us building wooden furniture and other equipment inside of the building. I don't know what we would build inside of the church, we don't build MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 11 1995 APPLICANT: HARRY'S BAR AND GRILL AGENDA I TEM NUMBER: 25 REQUEST: PUBLIC HEARING REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OUTSIDE CAFE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS pid SEE ATTACHED COMMENTS / / ~~ ~! r P~"~ d ~~~~~ ~'~ ~~ OTHER: ~ Materials presented at public meetings. sha11 become property of the City of Meridian.