HomeMy WebLinkAboutWild West Bakery & Espresso CUPWILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City 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 L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
WALT W. MORROW, President
CITY OF MERIDIAN
RONALD R. TOLSMA
C HARLES M.
GLENN R. B NTLEYEE
33 EAST IDAHO
MERIDIAN, IDAHO 83642
P & Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813
JIM JOHNSON, Chairman
Public Works/Building Department (208) 887-2211
GREG OSLUND
Motor Vehicle/Drivers License (208) 888-4443
MALCOLM MACCOY
KEITH BORUP
ROBERT D. CORRIE
RON MANNING
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 & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: June 3. 1997
TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97
REQUEST: Conditional Use Permit for outside seating at 815E 1st Street
BY: Wild West Bakery & Espresso
LOCATION OF PROPERTY OR PROJECT: North 30' of Lots 15 and 16. Block 3 of Original
Townsite of Meridian
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
RON MANNING, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, 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. & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
AME
ADD
C�
CITY OF MERIIDIAN
APPLICATION FOR A CONDrWNAL USE PERMIT
r
G PHONE: TY- 977
KESS:
GENERAL LOCATION:
v
DESC =lON OF PROPOSED CONDITIONAL USE:
ZONING CLASSIFICATION:
I certify that the information containedhereinj&jxue and
Soci S a oft plicant
Social eouri Number
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 PERMIT APPLICATION:
1) APPLICANT: WILD WEST BAKERY AND ESPRESSO, 815 EAST 1 ST
STREET, STE B, MERIDIAN, IDAHO 83642. PHONE 208, 888-5577.
2) OWNER: HOWARD AND TERE FOLEY, 2875 AUTUMN WAY, MERIDIAN,
IDAHO 83642. PHONE: 208, 888-4324.
3) LEGAL DESCRIPTION: THE NORTH 30' OF LOTS 15 AND 16, BLOCK 3
OF THE ORIGINAL TOWNSITE OF MERIDIAN ACCORDING TO THE PLAT THEREOF
FILED IN BOOK 1 OF PLATS AT PAGE 29, RECORDS OF ADA COUNTY, IDAHO.
4) PROOF OF OWNERSHIP: SEE COPY OF WARRANTY DEED ATTACHED
HERETO AS EXHIBIT B.
5) DESCRIPTION OF EXISTING USE: SUITE A OF THE SUBJECT PROPERTY
IS OCCUPIED BY THE VALLEY NEWS. SUITE B OF THE SUBJECT PROPERTY IS
OCCUPIED BY THE WILD WEST BAKERY AND ESPRESSO. THERE IS NOTHING IN
FRONT OF THE BUILDING AT THIS TIME.
6) THE VALLEY NEWS PUBLISHES A WEEKLY PAPER. THE WILD WEST
BAKERY AND ESPRESSO SELLS FRESH BREWED COFFEE, PASTRIES, LATTES,
MOCHAS AND ESPRESSO.
7) PROPOSED USED OF PROPERTY:
8) OLD TOWNE
9) SEE ATTACHED EXHIBIT C
10) SEE ATTACHED EXHIIT D
SEE ATTACHED EXHIBIT A.
11) OUTSIDE SEATING, WINDOW BOXES, WHISKEY BARRELS CONTAINING
LIVE FLOWERS, AN OLD FASHIONED SANDWICH BOARD DEPICTING SPECIALS
OF THE DAY, WINDOW AWNINGS AND FLOWER BOXES UNDER WINDOWS, WILL
ENHANCE THE CHARM AND FLAVOR OF OLD TOWNE IN KEEPING WITH THE
HOMETOWN ATMOSPHERE OF MERIDIAN'S FRIENDLY AND SOCIAL PEOPLE.
12) SEE LIST OF 32 AREA OWNERS, ATTACHED HERETO AS EXHIBIT E.
• 0
13) FEE: $275.,00:, AND $45.44 FOR MAILING, TOTAL CHECK ATTACHED
$320.4+,
14) N/A
15) SEE ATTACHED EXHIBIT F
16) SEE ATTACHED EXHIBIT F
•
DESCRIPTION OF CONDITIONAL USE PERMIT: EXHIBIT A
1) TWO SMALL TABLES (WIUMBRELLAS IN THE SUMMER) AND 4 CHAIRS
OUTSIDE IN FRONT OF STORE, PLACED NEXT TO BUILDING AND NOT ON PUBLIC
SIDEWALK.
2) ONE SANDWICH SIGN T WIDE, 5' HIGH, ON 9" LEGS. THIS WILL BE A
BLACKBOARD SHOWING SPECIALS OF THE DAY.
3) TWO WHISKEY BARRELS CONTAINING COLORFUL LIVE FLOWERS.
4) WINDOW BOXES ON LEDGE UNDER FRONT WINDOW(S).
5) AWNING FOR WINDOWS.
6) AMENDMENT TO CONDITIONAL USE PERMIT GRANTED HUNTER
INVESTMENTS INC., OWNER OF THE BUILDING, TO ALLOW A GARBAGE
RECEPTACLE BEHIND (TO THE WEST) OF THE SUBJECT BUILDING TO BE USED
COOPERATIVELY BY SURROUNDING PROPERTY OCCUPANTS.
POR VALUE RECEIVED,
CORPORAT&ARRANTY DEED 0
Farmers & Merchants State Bank
, a corporation
organized and existing under the laws of the State of Idaho, with its principal office at 703 E. 1st Street,
Meridian of County of Ada State of Idaho,
GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto
Hunter Investment, Inc. GF4NTEE
whose current address is: 2875 Autumn Way, Meridian,Idaho 83642
the following described real property located in Ada County, State of Idaho,
more particularly described as follows, to wit:
The Horth 30 Feet of Lots 15 and 16, Block 3 of the Original
Toansite of Meridian, according to the Plat thereof, filed in
Book 1 of Plats at Page 29, re:ords of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantees) heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee(s), that Grantor is the owner in fee simple of said premises; that said premises are free from all encum-
brances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done
by the Grantee(s); and subject to reservations. restrictions, dedications, easements, rights of way and
agreements. (it any) of record, and general taxes and assessments, (including irrigation and utility
assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrant and
defend the same from all lawful claims whatsoever.
The officers who sign this deed hereby certify that this deed and the transfer represented thereby was du-
ly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly
held and attended by a quorum.
In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authoriz-
ed officers this 19th day of June , in the year of 1991
Farmers & Merchants State Bank
WONPORA'E SEAL
(CORPORATE NAME)
qt_ Z �..
r c it PRESIDENT
Attest'
SECRETARY
STATE OF TTd�hn_, County of Drip , ss.
On this lit 199
. 1y of June
m the year. of 1 , before me, the undersigned. a
Notary Public in and for said State. personally appeared
Tom Fulton
known or identified tome to be the ee . rest en
of the corporation that executed the instrument
or the person_ who executed the instrument on behalf of said cor•
poration, and acknowledged to me that such corporation executed the
same p �Q
Signature: ��\ 4h t'g n t lam' . `^`cL,t By —
NamF. :Margot E. Davis Fees s
_ �nM oe pnnn Mad to
Residing al!G iNamioB
My ebrua 26 1992 commission expilrs �� s
91593Uu
$TEWART -TTL
ADA C Ol;'ITY, I D. FOR
J. DAVID NAVARRO
RECORDER B
& &aV
'91 OCT 21 Pel 2 25
This form furnished courtesy of
STEWART TITLE OF IDAHO, Inc.
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CONTENTS OF CONDITIONAL USE PERMIT APPLICATION:
1) APPLICANT: WILD WEST BAKERY AND ESPRESSO, 815 EAST 1 ST
STREET, STE B, MERIDIAN, IDAHO 83642. PHONE 208, 888-5577.
2) OWNER: HOWARD AND TERE FOLEY, 2875 AUTUMN WAY, MERIDIAN,
IDAHO 83642. PHONE: 208, 888-4324.
3) LEGAL DESCRIPTION: THE NORTH 30' OF LOTS 15 AND 16, BLOCK 3
OF THE ORIGINAL TOWNSITE OF MERIDIAN ACCORDING TO THE PLAT THEREOF
FILED IN BOOK 1 OF PLATS AT PAGE 29, RECORDS OF ADA COUNTY, IDAHO.
4) PROOF OF OWNERSHIP: SEE COPY OF WARRANTY DEED ATTACHED
HERETO AS EXHIBIT B.
5) DESCRIPTION OF EXISTING USE: SUITE A OF THE SUBJECT PROPERTY
IS OCCUPIED BY THE VALLEY NEWS. SUITE B OF THE SUBJECT PROPERTY IS
OCCUPIED BY THE WILD WEST BAKERY AND ESPRESSO. THERE IS NOTHING IN
FRONT OF THE BUILDING AT THIS TIME.
6) THE VALLEY NEWS PUBLISHES A WEEKLY PAPER. THE WILD WEST
BAKERY AND ESPRESSO SELLS FRESH BREWED COFFEE, PASTRIES, LATTES,
MOCHAS AND ESPRESSO.
7) PROPOSED USED OF PROPERTY:
8) OLD TOWNE
9) SEE ATTACHED EXHIBIT C
10) SEE ATTACHED EXHIIT D
SEE ATTACHED EXHIBIT A.
11) OUTSIDE SEATING, WINDOW BOXES, WHISKEY BARRELS CONTAINING
LIVE FLOWERS, AN OLD FASHIONED SANDWICH BOARD DEPICTING SPECIALS
OF THE DAY, WINDOW AWNINGS AND FLOWER BOXES UNDER WINDOWS, WILL
ENHANCE THE CHARM AND FLAVOR OF OLD TOWNE IN KEEPING WITH THE
HOMETOWN ATMOSPHERE OF MERIDIAN'S FRIENDLY AND SOCIAL PEOPLE.
12) SEE LIST OF 32 AREA OWNERS, ATTACHED HERETO AS EXHIBIT E.
•
•
13) FEE: $275.,00} AND $45.44 FOR MAILING, TOTAL CHECK ATTACHED
$3204+.
14) N/A
15) SEE ATTACHED EXHIBIT F
16) SEE ATTACHED EXHIBIT F
DESCRIPTION OF CONDITIONAL USE PERMIT: EXHIBIT A
1) TWO SMALL TABLES (W/UMBRELLAS IN THE SUMMER) AND 4 CHAIRS
OUTSIDE IN FRONT OF STORE, PLACED NEXT TO BUILDING AND NOT ON PUBLIC
SIDEWALK.
2) ONE SANDWICH SIGN T WIDE, 5- HIGH, ON 9" LEGS. THIS WILL BE A
BLACKBOARD SHOWING SPECIALS OF THE DAY.
3) TWO WHISKEY BARRELS CONTAINING COLORFUL LIVE FLOWERS.
4) WINDOW BOXES ON LEDGE UNDER FRONT WINDOW(S).
5) AWNING FOR WINDOWS.
6) AMENDMENT TO CONDITIONAL USE PERMIT GRANTED HUNTER
INVESTMENTS INC., OWNER OF THE BUILDING, TO ALLOW A GARBAGE
RECEPTACLE BEHIND (TO THE WEST) OF THE SUBJECT BUILDING TO BE USED
COOPERATIVELY BY SURROUNDING PROPERTY OCCUPANTS.
Order No.
CORPORATE WARRANTY DEED
FOR VALUE RECEIVED,
Farmers & Merchants State Bank
a corporation
organized and existing under the laws of the State of Idaho, with its principal office at 703 E. 1st Street,
Meridian of County of Ada State of Idaho,
GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto
Hunter Investment, Inc. GRANTEE
whose current address is: 2875 Autumn Way, Meridian,Idaho 83642
the following described real property located in Ada County, State of Idaho,
more particularly described as follows, to wit:
The Borth 30 Feet of Lots 15 and 16, Block 3 of the Original
Townsite of Meridian, according to the Plat thereof, filed in
Book 1 of Plats at Page 29, re:ords of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantees) heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee(s), that Grantor is the owner in fee simple of said premises; that said premises are free from all encum-
brances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done
by the Grantee(s); and subject to reservations. restrictions, dedications, easements, rights of way and
agreements. (if any) of record, and general taxes and assessments, (including irrigation and utility
assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrant and
defend the same from all lawful claims whatsoever.
The officers who sign this deed hereby certify that this deed and the transfer represented thereby was du-
ly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly
held and attended by a quorum.
In witness whereof, the Grantor has caused Its corporate name to be hereunto affixed by Its duly authoriz-
ed officers this 19th day of June in the year of 1991
CORPORATE SEAQ
STATE OF T Aho , County of Alin , ss.
Farmers & Merchants State Bank
(CORPORATE NAME)
t C.y; PRESIDENT
Attest
SECRETARY
on this14thly of June
in the year of , before me, the undersigned, a
Notary Public in and for said State. personally appeared
Tom Fulton
known or identified to me to be the Ce rest eri
_ of the corporation that executed the instrument
or the person_ who executed the instrument on behalf of said cor-
potation, and acknowledged to me that such corporation executed the
same:. ... '.
Signature: .�tJdLLi.�L� ey
Nxtiin Margot E. Davis fees S
_ Iq Re or pnnq Mad to
Rending , G :Nart pa
My commission expires: February 26, 1992
9159300
ADA COI)NTY, I D. FOR 8TEWARTTITIr:
J. DAVID NAVARRzi-t�v
RECORDER B
'91 OCT 21 Pel 2 25 V
This form furnished courtesy of
STEWART TITLE OF IDAHO, Inc.
Deputy
300
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AFFIDAVIT
The undersigned certifies that the property will be posted one (1) week before
the hearing stating we have applied for a conditional use permit.
DATED this day of May, 1997.
STATE OF IDAHO
Naomi Tyler
) ss.
County of Ada
On the day of May, 1997, before me, the undersigned, a Notary Public in and
for said State, personally appeared Howard R. Foley, known to me to be the person whose
name is subscribed to the within and foregoing instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year
first above written.
jN0TAy))-&Notary Pu i(for Idaho
Residing oise, Idaho
pF�My Commission Expires: 4/18/2002
STATE OF IDAHO
) ss.
County of Ada )
On theday of May, 1997, before me, the undersigned, a Notary Public in and
for said State, personally appeared Naomi Tyler, known to me to be the person whose
name is subscribed to the within and foregoing instrument and acknowledged to me that
she executed the same.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year
11
first above written.
UGvlt/L'.1.
'00�L
NOTARY 'y otary Pu c for Id hcno
Residing at: ,
PUBLIC My Commission Expires:
•
Ralph J. & Fern A. VanPaepeghem
1490 Carol
Meridian, l) 83642
Re: 830 E. 1 st St.
Ralph J. & Fern A. VanPaepeghem
1490 Carol
Meridian, ID 83642
Re: 111 E. Pine Ave.
City of Meridian
121 E. Pine Ave.
Meridian, ID 83642
Re: 121 E. Pine Ave.
Demond B. & Leora M. Deppe Trust
B.D. Demond & L.M. Demond Co -Trustees
11725 Iowa Ave.
Nampa, ID 83686-8019
Re 129 E. Pine Ave.
West Amity Commonwealth Trust
810 W. Amity Rd.
Meridian, ID 83642-6975
Re: 122 E. Idaho Ave.
James Kline
120 E. Idaho Ave.
Meridian, ID 83642-2634
Re: Parcel R5672000743 S 40' of E 6" of Lot 6 Blk 5 Meridian Townsite
#8024838, M1276005006B, 3N IE 07
James M. Kline
124 E. Idaho Ave.
Meridian, ID 83642-2634
Re: 124 E. Idaho Ave.
Wm. Dean Mayes, Jr.
E
P.O. Box 593
- Meridian, ID 83680
118 E. Idaho Ave.
Paul & Stacy M. Ricketts and Brent R. Adamson
114 E. Idaho Ave.
Meridian, ID 83642-2634
114 E. Idaho Ave.
Betty Thierhause
3467 Dalton Lane
Boise, ID 83704-4268
814 E. 1 st St.
Betty Thierhause
3467 Dalton Lane
Boise, ID 83704-4268
•
Re: S 15' of N 60' of Lots 1 & 2 & S 75' of Lot 3 Blk 5 Meridian Townsite
#8607099 100 M1276005001B, 3 N 1 E 07
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642-2631
Re: 804 E. 1 st St.
West One Bank
US Bancorp
113 E. Idaho Ave.
Meridian, ID 83642 and
US Bancorp
555 SW OaK Street Pl-7
PO Box 4412
Portland, OR 97208-4412
Re: 113 E. Idaho Ave.
Elden O. & Mary Boice
R. Jack & Idaho Sweet
1375 E. Fairview Ave.
C�
Meridian, ID 83642-1816
Re: 105 E. Idaho Ave.
R. Jack & Ida T. Sweet
1375 E. Fairview Ave.
Meridian, ID 83642-1816
Re: 720 E. 1 st St.
Mary A. Lawson
4222 Mtn. View
Boise, ID 83704
Re: 717 E. 1 st St.
Harold & Helen Wolfe
P.O. Box 6903
Boise, ID 83707-0903
Re: 723 E. 1 st St.
Foley & Lance Chartered et al
Meridian Redevelopment Venture
P.O. Box 10
Meridian, ID 83680-0010
Re: 731 E. 1 st St.
Harold & Helen Wolfe
P.O. Box 6803
Boise, Idaho 83707-0903
Re: 59 E. Idaho Ave.
Meridian City of
728 Meridian
Meridian, ID 83642
•
Re: Lots 21 to 26 Inc. & Lots 28 to 32 Inc. Blk 2 Meridian Townsite #0340-0365-
C, M1276002021 A, 3N IE 07
US West Communications
Corporate Tax Department
1801 California St.
•
MBC 3130
Denver, CO 80202-2658
Re: 30 E. Idaho
US West Communications
Corporate Tax Dept/MBC 3130
1801 California St.
Denver, CO 80202-2658
Re: 36 E. Idaho
Pacific Northwest Properties
4914 Denton St.
Boise, ID 83706-1943
Re: 23 E. Pine Ave.
Church of the Nazarene of Meridian
831 E. 1st St.
Meridian, ID 83642
Re: Lots 17-26 Inc. Blk 3 Meridian Townsite #04070-0490-0505-9515-C,
M1276003017B
Margaret W. Smith
1017 Yost Ave.
Meridian, ID 8364201515
Re: 36 E. Pine Ave.
Valley Shepherd Church of the Nazarene Inc.
831 E. 1st St.
Meridian, ID 83642
Re: 40 E. Pine Ave.
Joanne M. & Patricia J. Young
46 E. Pine Ave.
Meridian, ID 83642
Re: 46 E. Pine Ave.
Valley Shepherd Church of the Nazarene
831 E. 1st St.
U
Meridian, ID 83642-0267
Re: 58 E. Pine Ave.
Joseph A. Johnson, II
4375 Rose Hill Ct.
Boise, ID 83705-1361
Re: 917 E. 1 st St.
Loyd E. & Sally M. Jones
1420 Elm Pl.
Meridian, ID 83642-1915
Re: 906 E. 1 st St.
Richard J. & Marlene J. Eborn
PSC 2 Box 743
APO AA 34002-0743
Re: 116 E. Pine Ave.
Robert Godsill
805 E. 1 st St.
Meridian, ID 83642
Re: 805 E. 1 st St.
Church of the Nazarene of Meridian
831 E. 1st.
Meridian, ID 83642
Re: Lots 9-14 Blk 3, Meridian Townsite
•
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 7:00 p.m., on June 10 1997, for the purpose of
reviewing and considering the Application of Wild West Bakery & Espresso, for a
Conditional Use Permit for land located in the North 30' of Lots 15 and 16, Block 3,
Meridian Townsite, Ada County, Idaho, and which property is generally located at 815
East 1'd Street, Suite B. The Application requests a Conditional use permit for outside
seating.
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 23"' of May, 1997.
LIAM G. BERG, JR., CITY CIYLERK
PUBLISH May 23 and May 30, 1997.
Meridian City Council
June 17, 1997
Page 21
or the proposed signage. I think it is very clear that the Council has indicated that they
want a monument sign and not exceedingly tall so it should be a very simple process.
ITEM #7: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY WILD WEST
BAKERY & ESPRESSO — 815 E. 1 ST STREET:
Morrow: Is there a representative here that would like to make a presentation?
Jansen: My name is Carolyn Jansen, I am the general manager of the Wild West
Bakery & Espresso in Eagle and Meridian. We propose to put out two tables, four
chairs, some umbrellas in the summer time right in front of our window in front of our
building. There is a sidewalk that is right in front of our building. It is 18 feet between the
front of our building and the curb. Planning and Zoning suggests we go from 5 to 8 feet,
there is no problem with that. There is a little walk path right in front of our window of our
building before the actual sidewalk even starts. So if you are standing on the sidewalk
towards the Sunrise Cafe we are not even on the sidewalk there. So that is where our
tables and chairs would go, right underneath the window. Then out from that about 3
feet from the curb we would put our whiskey barrels and they would have live flowers in
them for color. And then underneath the window we propose to put a window flower
box with color plans and foliage in there. And then we propose to put an awning over
the window for shade because the sun is like directly right through that main window. I
did take pictures which I submitted earlier. I hope somebody had originals because the
copies don't look very well. But anyway I took a picture of the planter boxes in Eagle
and the awnings at our Eagle store so you could have a better idea of what we were
talking about. So that is what we really want to do is get some tables and chairs out so
we can get people to notice where we are at.
Tolsma: Question, it seems that it would grease the wheels a lot easier if we had
samples here tonight.
Rountree: I have no comments other than we received the letter today indicating that
the issue of the sandwich sign, seems as that sign is more to advertise the sandwiches
as opposed to be a sandwich board. It was an issue previously but we don't- particularly
agree with sandwich signage but you are proposing more or less a blackboard on your
building that will advertise what it is your daily specials and bill of fare is.
Jansen: That is correct, unfortunately my sandwich board does not quite depict exactly
what it will look like. Those are supposed to be cowboy boots and there is a cowboy hat
on top which makes it stand about this tall. What it was, was a sandwich board that had
a black board on both sides so you can see it coming and going what our specials were
of the day. At the planning and zoning hearing it was decided so to speak we are trying
to get away from sandwich boards on First avenue in Old Town. Some of them are just
tacky and hand written stuff. So what was proposed that I thought was a great idea is
just take this sandwich board and turn it straight and lean it up against the wall and have
it stand right by the door so it is not out on the sidewalk blocking. So we will do hot
Meridian City Council
June 17, 1997
Page 22
mocha specials in the morning and iced mocha specials in the afternoon by just turning
it over. That way we get around not having the sandwich board on the sidewalk and it
just kind of stands there.
Morrow. Any further questions?
Bentley: I have some questions for staff.
Morrow. Thank you very much, Mr. Bentley.
Bentley: Your views on any problems with this?
Stiles: She has been through a lot. I thought it was a good compromise with the sign, it
is not the A frame sign that we are trying to get away from. But just to help prevent
problems with other property owners if it were against the building if that won't cause a
problem.
Rountree: As long as the enforcement issue is resolved from your standpoint I don't
have a problem with it.
Stiles: It is not something that is going to be out there all day, she could have the same
thing sitting up in her window. I think with it against the building I think that is going to be
great.
Morrow. Final comments?
Crookston: What is the resolution to the, where is the garbage receptacle in the back?
Stiles: I believe they are still working with the adjacent property owners to resolve that.
Currently Wild West Bakery is operating under a 60 day temporary occupancy until that
can be resolved. The owner of the property Howard Foley is trying to work with the
church and maybe the Sunrise and the Valley News to get a permanent situation that
will maybe help all of them.
Crookston: I think that if the Council decides to grant the conditional use permit that it be
also subject to working out that garbage receptacle in the back or wherever it is located.
But that would have to be either agreed upon of where it is going to be or something like
that so that she has the use of it and if the Sunshine Cafe wants to use it wherever. It
needs to be resolved.
Morrow That is a good point, where we are at now is you have a choice in terms of
accepting and adopting the findings of fact and conclusions as prepared for us by P & Z
or you can take those findings amend them to incorporate the discussion about the
trash receptacle. And your pleasure would be?
Meridian City Council ,
June 17, 1997
Page 23
Rountree: Mr. President I would move that the City Council adopts and approves the
findings of fact and conclusions prepared by Planning and Zoning with the amendment
to include resolution of the garbage dumpster issue with the adjoining property owners
and users.
Bentley: Second
Morrow: It has been moved by Mr. Rountree, second by Mr. Bentley to adopt the
findings of fact and conclusions of law as prepared for us by P & Z and to amend it to
include resolution of the dumpster and garbage issue, roll call vote.
ROLL CALL VOTE: Bentley — Yea, Rountree — Yea, Tolsma —Yea
MOTION CARRIED: All Yea
Morrow. Is there a motion on the decision?
Rountree: Mr. President I move that the City Council approves the conditional use
permit for the use as applied for by the applicant with the exception of the placement
and display of the sandwich sign as described in paragraph 3B.
Bentley: Second
Morrow. It has been moved and seconded to approve the recommendation with the
exception of the placement of the sandwich board as described in paragraph 3B and to
resolve the garbage issue, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: REQUEST FOR A BEER LICENSE FOR THE CIGARETTE STORE BY
BOB CUNNINGHAM:
Morrow. Chief, is there any problem with the beer license for the Cigarette Store by Bob
Cunningham?
Gordon: I don't have any problem with that license.
Morrow: Okay, the Chief has testified that there is absolutely no problem with the Beer
License for the Cigarette Store by Bob Cunningham. Your pleasure would be then?
Tolsma: I move we grant the request.
Rountree: Second
MERIDIAN CITY COUNCIL MEETING: June 17 1997
APPLICANT: WILD WEST BAKERY & ESPRESSO ITEM NUMBER; 7
REQUEST: REQUEST FORA CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
"REVIEWED"
SEE ATTACHED COMMENTS
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
1�
�JJU
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MEMORANDUM; June 2, 1997
To: P&Z Commission/Mayor & Council
From: Bruce Freckleton, Assistant to City Engine
Shari Stiles, P&Z Administrator
Re: Request for Conditional Use Permit for Bakery/Espresso Shop with Outdoor Seating
at 815 E. First Street by Wild West Bakery & Espresso
This building is one of the many existing in the City of Meridian's Old Town District. It is to be noted
that all uses in the Old Town District have been stated as Conditional Uses. This property was
recently reviewed under the application of Hunter Investments, Inc., for a conditional use permit for
general commercial uses. The outdoor seating was not submitted as part of the original application.
The applicant, in addition to outdoor seating, is also proposing utilization of a "sandwich sign," a
temporary sign which is not currently allowed under the City's existing policies. The applicant also
requests an "amendment" to the conditional use permit to allow a garbage receptacle behind the
building to be used cooperatively by surrounding property occupants. We have reviewed this
submittal and offer the following comments, for your information and consideration as conditions of
the Applicant during the hearing process:
Each tenant shall obtain a certificate of occupancy prior to opening for business.
2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City
of Meridian Zoning and Development Ordinance. All signage shall receive design approval
of the Planning & Zoning Department. A -frame and other temporary signs will not be
permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed
for all signage. The signage proposed is not in conformance with existing policy and the
Uniform Sign Code.
3. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA)
and all required Uniform Codes.
c:%oFFICEk PWMWPDOCS\WRDWM.cvr.noc
•
OFFICIALS
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
WILLIAM G. BERG, JR., City Clerk
A Good Place to Live
WALT W. MORROW, President
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
CITY OF MERIDIAN
RONALD R. TOLSMA
C HALES M. E
GLENN R. BENTLEY
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
MERIDIAN, IDAHO 83642
P & Z COMMISSION
PATTY A. WOLFKIEL, DMV Supervisor
Phone (208) 888-4433 • FAX (208) 887-4813
JIM JOHNSON, Chairman
KENNETH W. BOWERS, Fire Chief
Public Works/Building Department (208) 887-2211
GREG OSLUND
W.L. "BILL" GORDON, Police Chief
Motor Vehicle/Drivers License (208) 888-4443
MALCOLM MACCOY
WAYNE G. CROOKSTON, JR., Attorney
KEITH BORUP
ROBERT D. CORRIE
RON MANNING
Mayor
MEMORANDUM; June 2, 1997
To: P&Z Commission/Mayor & Council
From: Bruce Freckleton, Assistant to City Engine
Shari Stiles, P&Z Administrator
Re: Request for Conditional Use Permit for Bakery/Espresso Shop with Outdoor Seating
at 815 E. First Street by Wild West Bakery & Espresso
This building is one of the many existing in the City of Meridian's Old Town District. It is to be noted
that all uses in the Old Town District have been stated as Conditional Uses. This property was
recently reviewed under the application of Hunter Investments, Inc., for a conditional use permit for
general commercial uses. The outdoor seating was not submitted as part of the original application.
The applicant, in addition to outdoor seating, is also proposing utilization of a "sandwich sign," a
temporary sign which is not currently allowed under the City's existing policies. The applicant also
requests an "amendment" to the conditional use permit to allow a garbage receptacle behind the
building to be used cooperatively by surrounding property occupants. We have reviewed this
submittal and offer the following comments, for your information and consideration as conditions of
the Applicant during the hearing process:
Each tenant shall obtain a certificate of occupancy prior to opening for business.
2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City
of Meridian Zoning and Development Ordinance. All signage shall receive design approval
of the Planning & Zoning Department. A -frame and other temporary signs will not be
permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed
for all signage. The signage proposed is not in conformance with existing policy and the
Uniform Sign Code.
3. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA)
and all required Uniform Codes.
c:%oFFICEk PWMWPDOCS\WRDWM.cvr.noc
P&Z Commission/Mayor & Council
June 2, 1997
Page 2
4. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate
dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate
dumpsters so as not to impede fire access. The existing dumpster site needs to be enclosed
in accordance with City Ordinance.
5. Applicant shall supply the Public Works Department with anticipated sewer and water usage
for analysis in determining whether additional assessment fees should be charged. A re-
assessment agreement will be entered into with the Applicant prior to issuance of a certificate
of occupancy.
5. The property does not provide any off-street parking. A vacant dirt lot south of the building
is being used for parking. The Applicant should obtain a signed agreement with the Valley
Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property.
7. A minimum five -foot -wide unobstructed pathway is to be provided at all times between any
planters and the outside seating area.
8. This conditional use permit shall be subject to review upon ten (10) days notice to the
applicant. An approval of transfer will be required for any new owners.
C:\OMCE\WPVIMWPDOCS\VMDWEST.CUP.DM
• 0
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
WILD WEST BAKERY AND ESPRESSO
APPLICATION FOR CONDITIONAL USE PERMIT FOR
OUTSIDE SEATING, SIGN ON SIDEWALK AND OTHER AMENITIES
815 EAST 1ST STREET, SUITE B
MERIDIAN, IDAHO
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled conditional use permit application having
come on for public hearing on June 10, 1997, at the hour of 7:00
o'clock p.m., the Applicant appearing through its representative,
(1a LY J) -; the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the matter
makes the following Findings of Fact and Conclusions of Law:
PRELIMINARY FINDINGS OF FACT
1. A notice of a public hearing on the Conditional Use
Permit was published for two ( 2 ) consecutive weeks prior to the
said public hearing scheduled for June 10, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the June 10, 1997 hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
2. This property is located within the City of Meridian.
The Applicant is not the owner of the property. The avner of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
WILD WEST BAKERY AND ESPRESSO
0 0
property is Hunter Investment, Inc., and it has consented to the
application for the conditional use permit.
3. Pursuant to the application, the request is for a
conditional use permit for the following:
a. Two small tables with umbrellas and four chairs for
outside seating in the front of the bakery and espresso
shop. The tables and chairs are to be placed next to the
building of the public sidewalk;
b. Placement and display on the sidewalk of one
sandwich sign measuring two feet wide, five feet high on
nine inch legs. The sign will be a blackboard displaying
daily specials;
C. Placement of two whiskey barrel planter boxes;
d. Window boxes located on ledge of the building under
front windows;
e. Awnings for windows; and
f. Permission for location of trash receptacle located
behind and to the west of the building for use by the
Applicant and other occupants of surrounding properties.
One portion of the property, Suite A, is presently used as a
newspaper publication and sales office. The other portion of the
property, Suite B, is presently used as an espresso shop and bakery
with accompanying sales and service. The Applicant operates the
espresso shop and bakery. The Applicant agrees to pay additional
sewer, water or trash fees or charges associated with the proposed
use of the property.
4. The property is currently zoned (OT) Old Town. In the
ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Bakery Stores,
Retail Stores and Restaurants are listed as conditional uses in the
(OT) Old Town District. A conditional use permit was previously
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
WILD WEST BAKERY AND ESPRESSO
• 0
granted for the operation of an espresso shop and bakery with
accompanying sales and service; however, as the property is located
in the (OT) Old Town District and the above-described additional
uses are integrally related to the operation of an espresso shop
and bakery with accompanying sales and service, a conditional use
permit for the above-described additional uses is required.
5. The (OT) Old Town District is described in the Zoning
Ordinance, 11-2-408 B. 12. as follows:
(OT) 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, 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
the 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 to provide
strip commercial development, and must be approved as a
conditional use, unless otherwise permitted.
6. The property is located at 815 East 1st Street, Suite B,
Meridian, Ada County, Idaho.
7. The Assistant to the City Engineer, Bruce Freckleton, and
the Planning and Zoning Administrator, Shari Stiles, submitted
comments which are incorporated herein as if set forth in full.
Their comments included, but are not limited to, the following:
a. The building on the property is one of the many
existing in the City of Meridian's Old Town District. It
is to be noted that all uses in the Old Town District
have been stated as Conditional Uses. This property was
recently reviewed under the application of Hunter
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
WILD WEST BAKERY AND ESPRESSO
• 0
Investment, Inc. for a conditional use permit for general
commercial uses. The outdoor seating was not submitted
as part of the original application. The Applicant, in
addition to outdoor seating, is also proposing
utilization of a "sandwich sign," a temporary sign which
is not currently allowed under the City's existing
policies. The Applicant also requests an "amendment" to
the conditional use permit to allow a garbage receptacle
behind the building to be used cooperatively by
surrounding property occupants.
b. Each tenant shall obtain a Certificate of Occupancy
prior to opening for business;
C. All signage shall be in accordance with the
standards set forth in Section 11-2-415 of the City of
Meridian Zoning and Development Ordinance. All signage
shall receive design approval of the Planning and Zoning
Department. A -frame and other temporary signs will not
be permitted and will be removed upon three days notice
to the Applicant. Sign permits are needed for all
signage. The signage proposed is not in conformance with
existing policy and the Uniform Sign Code;
d. Any new construction shall be in compliance with the
Americans with Disabilities Act (ADA) and all required
Uniform Codes;
e. Screened trash enclosures are to be provided in
accordance with City ordinance. The Applicant is to
coordinate dumpster site locations with the City's solid
waste contractor. The Applicant is to locate dumpsters
so as not to impede fire access. The existing dumpster
site needs to be enclosed in accordance with City
ordinance;
f. The Applicant shall supply the Public Works
Department with anticipated sewer and water usage for
analysis in determining whether additional assessment
fees should be charged. A re -assessment agreement will
be entered into with the Applicant prior to issuance of
a Certificate of Occupancy;
g. The property does
parking. A vacant dirt
being used for parking.
signed agreement with the
Nazarene, if possible, to
property;
not provide any off-street
lot south of the building is
The Applicant should obtain a
Valley Shepherd Church of the
allow parking on the Church's
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
WILD WEST BAKERY AND ESPRESSO
h. A minimum five feet wide unobstructed pathway is to
be provided at all times between any planters and the
outside seating area; and
i. The conditional use permit shall be subject to
review upon ten (10) days notice to the Applicant. An
approval of transfer will be required for any new owners.
8. The Ada County Highway District submitted comments, and
such comments are hereby incorporated herein as if set forth in
full. Its comments included the following:
a. Utility street cuts in the new pavement are not
allowed unless approved in writing by the District;
b. The Applicant is to provide a minimum of a five feet
wide unobstructed pedestrian pathway on the sidewalk west
of the planters abutting East 1st Street. The Applicant
is to submit a design showing the location of the seating
arrangements to District staff;
c. No addition to the building is proposed with this
application and none is approved; and
d. No driveways are proposed with this application and
none are approved.
9. Central District Health Department, submitted comments,
which comments are hereby incorporated herein as if set forth in
full; that Central District Health Department will -require plans to
be submitted for a plan review of any food establishment.
10. Meridian City Police Department, Meridian Fire Department
and Meridian Sewer Department submitted comments, which respective
comments are hereby incorporated herein as if set forth in full.
11. There were no further comments or testimony given at the
hearing.
PRELIMINARY CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
WILD WEST BAKERY AND ESPRESSO
1. 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. The City of Meridian has authority to grant 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. The City has the authority to take judicial notice of its
ordinances and proceedings, other governmental statutes and
ordinances, and of actual conditions existing within the City and
state of Idaho.
4. 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 that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities may be attached to the
permit; that 11-2-418 (D) authorizes the City to prescribe a set
time period for which a conditional use may be in existence.
5. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations
of such conditions, bonds or safeguards, when made a part
of the terms under which the Conditional Use is granted,
shall be deemed a violation of the Ordinance and grounds
to revoke the Conditional Use. The Commission and
Council may prescribe a set time period for which a
Conditional Use may be in existence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
WILD WEST BAKERY AND ESPRESSO
6. The Commission has judged this application for a
conditional use upon the basis of guidelines contained in Section
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian and upon the basis of the Local Planning Act of 1975,
Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City
of Meridian, and the record submitted to it and the things of which
it may take judicial notice.
7. 11-2-415 C of the City of Meridian Zoning and Development
Ordinance provides in relevant part:
The following activities and types of signs shall be
expressly prohibited in all districts except as provided
by this Ordinance:
3. Signs placed on any curb, sidewalk, post, pole,.
electroller, hydrant, bridge, or tree except
official public notices as posted by a public
officer;
4. Signs which are placed in any public right-of-way
except publicly owned signs, traffic signals,
directional signs, and signs which direct and guide
traffic and parking on private property but bear no
advertising matter;
8. Conditional Use Permit is defined in the Zoning and
Development Ordinance as follows: "Permit allowing an exception to
the uses authorized by this Ordinance in a zoning district."
9. Use is defined in the Zoning and Development Ordinance as
follows: "The specific purposes for which land or a building is
designated, arranged, intended or for which it is or may be
occupied, maintained, let or leased."
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
WILD WEST BAKERY AND ESPRESSO
C�
10. A variance is defined by the Zoning and Development
Ordinance as:
A variance is a modification of the requirements of the
Ordinance as to lot size, lot coverage, width, depth,
front yard, side yard, rear yard, setbacks, parking
space, height of buildings or other Ordinance provisions.
A variance shall not be considered a right or special
privilege, but may be granted to an applicant only upon
a showing of undue hardship because of the
characteristics of the site and that the variance is not
in conflict with the public interest.
(Underline emphasis added.)
11. As Section 11-2-415 C of the City of Meridian Zoning and
Development Ordinance specifically prohibits the placement of signs
on any curb, sidewalk or public right of way, and the display of a
sandwich sign on the sidewalk is not a "use" within the definition
of that word in the Zoning and Development Ordinance for which a
conditional use permit may be granted. The grant of a conditional
use permit is not applicable to the Applicant's request for
authorization to display a sandwich sign on the sidewalk. To
obtain authorization to display such sign on the sidewalk, the
Applicant needs to secure a variance.
12. 11-2-413 A provides in relevant part:
In addition to all other regulations as specified in this
Ordinance, the following provisions shall be adhered to:
3. Required Trash Areas: All trash and/or garbage
collection areas for commercial, industrial, and
multi -family residential uses shall be enclosed on
at least three (3) sides by a solid wall or fence
of at least four ( 4 ) feet in height or within an
enclosed building or structure. Adequate vehicular
access to and from such area or areas for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
WILD WEST BAKERY AND ESPRESSO
0
•
collection of trash or garbage as determined by the
Administrator shall be provided.
13. 11-2-418 C of the City of Meridian Zoning and Development
Ordinance sets forth the standards under which the Planning and
Zoning Commission and the City Council shall review applications
for Conditional Use Permits. Upon a review of those requirements,
the ordinances of the City of Meridian, the facts presented and the
conditions of the area, and assuming that the above conditions or
similar ones thereto would be attached to the conditional use, the
Planning and Zoning Commission concludes as follows:
a. The request for a conditional use permit for one
sandwich sign to display daily specials does not
constitute a "use" as defined by the City of Meridian
Zoning and Development Ordinances or to which a
conditional use permit would apply, and, therefore does
not constitute a conditional use for which the grant of
a conditional use permit would allow such use.
b. The other specified uses, as set forth at paragraph
3. of the Findings of Fact, hereinabove,'vould in fact,
constitute conditional uses and a conditional use permit
would be required by ordinance;
c. The uses would be harmonious with and in accordance
with the Comprehensive Plan and the ordinances of the
City of Meridian if the conditions set forth herein are
complied with, but the Zoning and Development Ordinance
requires a conditional use permit to allow the uses;
d. The uses are or will be designed and constructed to
be harmonious in appearance with the character of the
general vicinity; that if the conditions set forth herein
are complied with the uses should be operated and
maintained to be harmonious with the intended character
of the general vicinity and should not change the
essential character of the area;
e. The uses would not be hazardous nor should they be
disturbing to existing or future neighboring uses if the
conditions are met;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
WILD WEST BAKERY AND ESPRESSO
0 0
f. The property has sewer and water service already
connected, but the Applicant may have to pay additional
fees for the uses;
g. The uses would not create excessive additional
requirements at public cost for public facilities and
services and the uses would not be detrimental to the
economic welfare of the community;
h. If the conditions are met, the uses should not
involve a use, activity, process, material, equipment or
conditions of operation that would be detrimental to
person, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes,
glare or odors; and
i. The uses will not result in the destruction, loss or
damage of a natural or scenic feature of major
importance.
14. As conditions may be placed upon the granting of a
conditional use permit to minimize adverse impact on other
development, it is recommended by the Planning and Zoning
Commission that the following conditions of the grant of the
conditional use be required, to wit:
a. The conditional use, pursuant to the Zoning and
Development Ordinance, shall not be transferable to
another owner of the subject property or to another
property;
b. The Applicant shall meet the requirements of the City
Engineer's office, the Planning and Zoning Administrator,
the Ada County Highway District, the Meridian Police
Department, the Meridian Fire Department, the Meridian
Sewer Department, the Central District Health Department,
and other governmental entities, which requirements
specifically include, but are not limited to:
1. Each tenant shall obtain a Certificate of Occupancy
prior to opening for business;
2. All signage shall be in accordance with the
standards set forth in Section 11-2-415 of the City
of Meridian Zoning and Development Ordinance;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
WILD WEST BAKERY AND ESPRESSO
0
•
3. All signage shall receive design approval of the
Planning and Zoning Department;
4. Unless the Applicant secures a variance, A -frame
and other temporary signs shall not be permitted
and shall be removed upon three days notice to the
Applicant;
5. Sign permits shall be required for all signage;
6. New construction shall be in compliance with the
Americans with Disabilities Act (ADA) and all
required Uniform Codes;
7. Screen trash enclosures shall be provided in
accordance with City ordinance, specifically
including Section 11-2-413 A of the Zoning and
Development Ordinance;
8. The Applicant shall coordinate dumpster site
locations with the City's solid waste contractor;
9. The Applicant shall locate dumpsters so as not to
impede fire access;
10. The Applicant shall supply the Public Works
Department with anticipated sewer and water usage
for analysis in determining whether additional
assessment fees should be charged;
11. The Applicant shall enter into a re -assessment
agreement prior to issuance of a Certificate of
Occupancy;
12. The Applicant should obtain, if possible, a signed
agreement with the Valley Shepherd Church of the
Nazarene to allow parking for the property on the
Church's property;
13. The Applicant shall provide a minimum of a five
feet wide unobstructed pedestrian pathway on the
sidewalk west of any planters abutting East lot
Street;
14. The Applicant shall submit to the Ada County
Highway District a design schematic showing the
location of the seating arrangements; and
15. The Applicant shall submit and obtain approval from
Central District Health Department of their plan
for the food establishment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
WILD WEST BAKERY AND ESPRESSO
•
•
C. The conditional use shall not be restricted to a period
of authorization but may be reviewed and is subject to
review upon ten (10) days notice to the Applicant, for
violation of any conditions imposed herein, other
conditional use applications, or the ordinances of the
City of Meridian.
15. The above -conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
16. It is recommended that if the Applicant meets the
conditions stated above, that the conditional use permit be granted
to the Applicant for those uses specified in paragraph 3. of the
Findings of Fact, hereinabove, except for the placement and display
of the sandwich sign.
APPROVAL OF PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER SMITH
COMMISSIONER MACCOY
COMMISSIONER MANNING
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
WILD WEST BAKERY AND ESPRESSO
DECISION AND RECOMMENDATION
The Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that, except for the placement
and display of the sandwich sign which use is in paragraph 3b. of
the Findings of Fact, it approve the Conditional Use Permit for the
rest of the uses specified in paragraph 3. of the Findings of Fact,
hereinabove, 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, the Fire and
Life Safety Codes, Uniform Fire Code, parking, paving and landscape
requirements, and all ordinances of the City of Meridian. The
conditional use should be subject to review upon notice to the
Applicant by the City.
MOTION:
APPROVED DISAPPROVED:
6
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
WILD WEST BAKERY AND ESPRESSO
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact
and Conclusions of Law on this j 7�hday of �- , 1996.
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
(INITIAL)
APPROVED- :.
DISAPPROVED
FINDING OF FACT AND COCLUSICAS OF LAW -
l
enc u�Fvi
VOTED.
40
VOTED�IL
VOTED q'eA`
VOTED�`G!Z
VOTED
3-1
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City 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 L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. 'BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
0 HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
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: June 3, 1997
TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97
REQUEST: Conditional Use Permit for outside seating at 815 E. 1st Street
BY: Wild West Bakery & Espresso
LOCATION OF PROPERTY OR PROJECT: North 30' of Lots 15 and 16, Block 3 of Original
Townsite of Meridian
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
RON MANNING, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, 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 RECLAMAT N (P IM. & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE RE S:
MEC-0�'VED
MAY 2 7 1997
My OF MEXa V
—OIL
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City 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 L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire 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) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
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: June 3, 1997
TRANSINUTTAL DATE: 5/21/97 HEARING DATE: 6/10/97
REQUEST: Conditional Use Permit for outside seating at -815 E. 1st Street
BY: Wild West Bakery & Esaresso
LOCATION OF PROPERTY OR PROJECT: North 30' of Lots 15 and 16, Block 3 of Original
Townsite of Meridian
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
RON MANNING, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, 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 PILE i V IED
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION 1"'i AY 2 7 1007
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT CITY OF MERIDIAN
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. & FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
Gvc
SUSAN S. EASTLAKE, President
GARY E. RICHARDSON, Vice President
SHERRY R. HUBER, Secretary
June 2, 1997
Wild West Bakery and Espresso
815 East 1st Street, Suite B
Meridian, Idaho 83642
Re: Staff Level Approval
MCU -18-97
Facts and Findings:
815 East 1st Street
•
Outside seating area
A. The Ada County Highway District (ACRD) staff has received the above referenced application
requesting conditional use approval for an outside seating area for a bakery and espresso shop.
The site is located on the west side of E 1st Street approximately 90 -feet north of Idaho Street.
This development is not estimated to generate any additional vehicle trips (there is an
estimated 105 VTD existing) per day based on the Institute of Transportation Engineers Trip
Generation manual.
B. The applicant is proposing to emplace two tables and four chairs on the sidewalk to
accommodate the additional summer patrons. There is 18 -feet of concrete between the
existing building and the back of curb of E. 1st Street. No additional building is proposed
with this application. In accordance with District policy the applicant should provide a
minimum of a 5 -foot wide unobstructed pedestrian pathway between the proposed use and the
back of curb of E. 1st Street.
C. The application and site plan received by the City of Meridian and submitted to the District on
May 23, 1997, have been reviewed by the ACHD Development Services staff and conforms to
applicable District standards/policy, or can be made to conform with the change(s) to the plan
described in the requirements stated below.
This is a staff level report and will not be heard by ACHD's Commission unless the site plan
is changed in such a manner as too not conform with District standards/policy or an appeal of
the Development Services staff decision is submitted as described within the Standard
Requirements outlined below.
The following requirements are provided as recommendations for conditions of approval to the City
of Meridian:
ada county highway district
318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680
Site Specific Requirements:
Utility street cuts in the new pavement are not allowed unless approved in writing by the
District. Contact Construction Services at 345-7667 (with file number) for details.
2. Provide a minimum of a 5 -foot wide unobstructed pedestrian pathway on the sidewalk west of
the tree planters abutting East 1st Street. Submit a design showing the location of the seating
arrangements to District staff.
3. No addition to the building is proposed with this application and none is approved.
4. No driveways are proposed with this application and none are approved.
Standard Requirements:
1. This decision of the Development Services Supervisor may be appealed to the Ada County
Highway District Commission by the applicant or by an owner of property within 300 -feet of
the parcel within 15 calender days from the date of this report. The regsiest shall sj2ecificallY
identify each requirement to be reconsidered and include a written explanation of why such a
reQuirement would result in a substantial hardship or inequity. The request will be heard by
the District Commission at an evening meeting within 20 calender days of the District's receipt
of the appeal letter. The appellant will be notified of the date and time of the Commission
meeting.
2. After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Development Services Supervisor within two days of the action
and shall include a minimum fee of $110.00. The request for reconsideration shall specifically
identify each re uirement to be reconsidered and include written documentation of data that
was not available to the Commission at the time of it's original decision The request for
reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #188, also known as Ada County Highway District Road Impact
Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein.
MCU 1897.SLA
Page 2
0 •
5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans,
or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
8. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
Conclusion of Law:
1. ACHD requirements are intended to assure that the proposed use/development will not place
an undue burden on the existing vehicular and pedestrian transportation system within the
vicinity impacted by the proposed development.
Should you have any questions or comments, please contact the ACHD Development Services staff at
345-7662.
Sincerel ,
Lia le
Development vices Supervisor
cc: Project file
Lead agency
MCU 1897.SLA
Page 3
sa
0
------------
_.
ICU 0
4�s
E
•
Ada Planning Association
413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279
APAServing Governments in Ada County Since 1977
MEMORANDUM
TO: Will Berg, City Clerk
RECEIVED
City of Meridian J U N - 4 1997
aryT.rdison,FROM: MTechnica a yst MY OF NMMN
DATE: June 2, 1997
Re: Conditional Use Permit for Outside Seating at 815 E. 1st Street
APA staff reviewed the conditional use permit for outside seating at 815 E. 1 st Street. The
location of the subject property is within a high use pedestrian area. The outside seating will
create more visibility to a pedestrian environment and encourage people to walk.
APA would recommend that:
The tables and chairs be located as close as possible to the building; and
2. A minimium of eight feet of sidewalk remain clear at all times for pedestrian traffic.
mh:jl\MH\devrev\fy97\meridian\e1 st. cu
PC: Sheri Stiles, City of Meridian
File 540.09 City of Meridian
Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian
Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University
Equal Opportunity/Affirmative Action Emplgver
Printed on Recycled Paper
C11
0ENTRAL CE
DISTRICT
HEALTH
DEPARTMENT
Rezone #
DISTRICT HEALTH DEPARTMENT
Environmental Health Division REc-F-Iv to:
JUN 0 2 199?❑ Boise
Eagle
ITY OF AIIIERIDI" Garden city
Conditional Use # Meridian
❑ Kuna
Preliminary / Final / Short Plat ❑ ACZ
�✓%�� a �s � Z��i� Oxy � Es��Ess6
❑ 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.
❑ S. 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:
I' 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.
❑ 12.
Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
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
E) beverage establishment El grocery store
F-1 15. Date: s lag l7 7
Reviewed By: �
Review eet
fDHD 10/91 rcb, rev. 1/9S
4 June 1997
Will Berg, City Clerk
Meridian City Hal/
33 East Idaho
Meridian, ID 83642
OF kfl, olIAlin
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
RE: Conditional Use Permit - Wild West Bakery & Espresso
Dear Commissioners:
Phones: Area Code 208
OFFICE: Nampa
466-7861
Boise
343-1884
SHOP: Nampa
466-0663
Boise
345-2431
The Nampa & Meridian Irrigation District has no comment on the above referenced
application.
Sincerely,
Bill Henson, Asst. Water Superintendent
NA MPA & MERIDIAN IRRIGATION DISTRICT
BH: din
cc: File - Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City 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 L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
• HUB OF TREASURE VALLEY 40
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
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: June 3, 1997
TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97
REQUEST: Conditional Use Permit for outside seating at 815E 1st Street
BY: Wild West Bakery & Espresso
LOCATION OF PROPERTY OR PROJECT: North 30' of Lots 15 and 16- Block 3 of Original
Townsite of Meridian
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
RON MANNING, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, 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
NA vTA 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. & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
ci"y ov MERIDIAN
•
•
, Dvlq & �rrieman, C harttxeb
ATTORNEYS AND COUNSELORS AT LAW
P.O. BOX 10
77 IDAHO STREET
HERITAGE BLDG., SUITE 300
MERIDIAN, IDAHO 83680
HOWARD R. FOLEY
MARK S. FREEMAN PHONE (208) 888-9111
MARGARET S. SCHAEFER�'�1 TELECOPIER (208) 888-5130
1997
TO: Meridian Planning and Zoning Commission
From: Hunter Investments, Inc.
Subject: CUP by Wild West items 2 & # to June 10 agenda
Item # 6 in the CUP application is a request to allow a cooperative garbage agreement by
adjoining land owners to and including Hunter Investments which is the owner of the building
housing Wild West's business. I met with representatives of Valley Shepard Nazarene Church on
Saturday and have agreed to request that item # 6 be either tabled or withdrawn to allow us to
reach an agreement regarding this issue between ourselves. If the item can not be tabled then it is
my request that it be withdrawn in its entirety, so the remaining items in the CUP can be acted
upon.
Sincerely yours,
Howard IFFoley
•
nw" d Xay~-l"
831 East First Street
Corner of East First and Pine Street
Meridian, Idaho 83642
(208) 888-2141 • Fax (208) 888-3732
June 9, 1997
Mr. William G. Berg, Jr.
Meridian City Hall
Planning and Zoning Commission
33 E. Idaho
Meridian, Idaho 83642
Dear Mr. Berg:
60E-i'v
JUN 0 9 1997
TY OF 1WERIDIAN
We have been informed of a hearing at 7:00 p.m. on June 10, 1997 concerning the application of
Wild West Bakery and Espresso for a Conditional Use Permit for outside seating. With reference
to Exhibit A, the Description of Conditional Use Permit, Valley Shepherd has no objections to
items 1-5 describing changes required to accommodate outside seating.
Valley Shepherd Church disagrees with item 6 requesting an amendment to the conditional use
permit to allow a garbage receptacle behind the subject building. It is our understanding that
Howard Foley will ask to table or withdraw item 6 from the application. Valley Shepherd and
Mr. Foley are currently developing alternate plans to accommodate the necessary trash dumpsters.
Sincerely,
Dave Cox
Dave Cox Steve Kuykendall Harold Westlund Mark Pounds Marla Blaser
Pastor Minister of Music M�st
inniister of Visitation Pastor to Youth Pastor to Children
NOTICE OF HEARING
NOTICE IS Hf-REEY GVEN pursuant to the Ordinances of the Cityof Merkiian
and the Lavas 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 7:00 p.m., on June 101997, for the purpose of
reviewing and considering the Application of Wild West Bakery & Espresso, for a
Conditional Use Permit for land located in the North 30' of Lots 15 and 16, Block 3,
Meridian Townsite, Ada County, Idaho, and which property is generally located at 813
East 1" Street, Suite B. The Application requests a -Conditional use permit for outside
seating.
A more particular legal description of the above property is on file in the City
CierWe office at Meridian City Hail, 33 East Idaho Street, and Is available for inspection
during regular business hours.
A copy of the Application is available upon request. Any and ail interested
persons shall be heard at said public hearing and the public Is welcome and invited to
submit testimony.
Dated this 23°0 of May, 1997.
LIAM G. BERG, JR., CITY!
PUBLISH May 23 and May 30, 1997.
•
•
DESCRIPTION OF CONDITIONAL USE PERMIT. EXHIBIT A
I) TWO SMALL TABLES (WAIMBRELLAS IN THE SUMMER) AND 4 CHABtS
OUTSIDE IN FRONT OF STORE, PLACED NEXT TO BUILDING AND NOT ON PUBLIC
SIDEWALK.
2) ONE SANDWICH SIGN 2' WIDE, 5' HIGH, ON 9" LEGS, THIS WILL BE A
BLACKBOARD SHOWING SPECIALS OF THE DAY.
3) TWO WHISKEY BARRELS CONTAINING COLORFUL LIVE FLOWERS.
4) WINDOW BOXES ON LEDGE UNDER FRONT WINDOW(S).
5) AWNING FOR WINDOWS.
b) AMENDMENT TO CONDITIONAL USE PERMIT GRANTED HUNTER
INVESTMENTS INC., OWNER OF THE BUILDING, TO ALLOW A GARBAGE
RECEPTACLE BEHIND (TO THE WEST) OF THE SUBJECT BUILDING TO BE USED
COOPERATIVELY BY SURROUNDING PROPERTY OCCUPANTS.
•
RECEIvEC)
**tv JUN 0 3 1997
SUSAN S. EASTLAKE, President CITY OF 1NERIDIAN
GARY E. RICHARDSON, Vice President
SHERRY R. HUBER, Secretary
June 2, 1997
Wild West Bakery and Espresso
815 East 1st Street, Suite B
Meridian, Idaho 83642
Re: Staff Level Approval
MCU -18-97 815 East 1st Street Outside seating area
Facts and Findings:
The following requirements are provided as recommendations for conditions of approval to the City
of Meridian:
ada county highway district
318 East 37th 9 Boise, Idaho 83714-6499 • Phone (208) 345-7680
Site Specific Requirements:
1. Utility street cuts in the new pavement are not allowed unless approved in writing by the
District. Contact Construction Services at 345-7667 (with file number) for details.
2. Provide a minimum of a 5 -foot wide unobstructed pedestrian pathway on the sidewalk west of
the planters abutting East 1st Street. Submit a design showing the location of the seating
arrangements to District staff.
3. No addition to the building is proposed with this application and none is approved.
4. No driveways are proposed with this application and none are approved.
Standard Requirements:
1. This decision of the Development Services Supervisor may be appealed to the Ada County
Highway District Commission by the applicant or by an 9�Wp f property within 300 -feet of
P Y_.
the parcel within 15 calender da s from the date,,40tthisThe reque�shall specifically
the District Commission at an evening me
of the appeal letter. The appellant will be
meeting.
dwuity. 'ice ;st will be heard by
20 calendets of the District's receipt
e date and time of the Commission
2. After ACHD Commission action, any recons ration of the Commission's action
shall be made in writing to the Develdome s pervisor within two days of the action
and shall include a minimum fee 43110 . ---st for reconsideration shall sl&cificdly
identify each requirement to e written documentation of data
was not available to the Co ision aft t. of it's original decision. The request for
s.
reconsiderationwill be herd y the t o—mission at the next regular meeting of the
Commission. ffllft, Conp agrefo reconsider the action, the applicant will be notified
of the date an of the tom cion meeting at which the reconsideration will be heard.
3. Payment of appEkab"W646kimpii~t fees are required prior to building construction in
accordance with Ordm�88, also known as Ada County Highway District Road Impact
Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy 1VlanualY SWC Standards and approved supplements, Construction Services
procedures anc- all applicable ACHD Ordinances unless specifically waived herein.
MCU 1897.SLA
Page 2
0 •
5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans,
or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
8. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada C upt , ighway District.
Conclusion of Law:
ACHD requirements are intended to assure th,
an undue burden on the existing vehicular and
vicinity impacted by the proposed developmen
Should you have any questions or comments,
345-7662.
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Meridian Planning & Z0109 Commission
June 10, 1997
Page 3
Borup: We have a motion and a second, do you want to expand on the motion to
include the rest of the findings?
Smith: I will make a second motion.
Borup: With the aforementioned motion I would also like to propose that the Planning
and Zoning Commission of the City of Meridian hereby adopts and approves these
findings of fact and conclusions of law.
MacCoy: Second
Borup: We have a motion and second, roll call vote.
ROLL CALL VOTE: Smith — Yea, MacCoy — Yea, Manning — Yea
MOTION CARRIED: All Yea
Borup: Do we have any other recommendations for City Council?
Smith: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the
City Council of the city of Meridian that it approve the conditional use permit requested
by the applicants 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, the fire and life safety codes, uniform fire code, parking,
paving and landscape requirements and all ordinances of the City of Meridian. The
conditional use should be subject to review upon notice to the applicant's by the City.
Manning: Second
Borup: A motion and second, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
OUTSIDE SEATING BY WILD WEST BAKERY & ESPRESSO — 815 E. 1 ST STREET:
Borup: At this time I would like to open the public hearing and invite the applicant or the
representative to come forward.
Carolyn Jansen, 708 Spyglass Way, Eagle, was sworn by the City Attorney.
Borup: We have got your application and such, maybe you can expand a little bit on
what you are proposing.
Meridian Planning & Z69g Commission •
June 10, 1997
Page 4
Jansen: Alright, what we would like to do is put a couple of tables and two chairs a
piece for those tables right outside the door to our business. They would go underneath
the window. We would also like to put a couple of whiskey barrels closer to the street
side so we have the tables and chairs close to the window, we would leave a five foot
pedestrian pathway and then on the other side put a couple of whiskey planters with live
plants in them to kind of add more color. We would also like to put an awning up over
our window with our name on it Wild West Bakery & Espresso. We would also like to
put up a sandwich sign, it is really cute, it is a sandwich sign that stands about 9 foot
tall, it has a black board on it and drawings around the side and cowboy boots for feet
and a cowboy hat on top of that. It would show our coffees of the day, we have four
different types of coffees of the day and we always change the coffees. So a customer
could know before they even walked in what kind of coffee he could be served that day.
We also I think there was one more thing, a planter box for underneath the window so
we could plant some live flowers in the planter box. We think that would be conducive
to Old Town. We think it is in the spirit of Meridian and the Wild West theme that we are
trying to (inaudible). We also need the seating really bad as well.
MacCoy: On this sandwich board which you propose 9 foot tall is pretty good size.
Jansen: I think that is what she was doing, it is 9 foot high, 2 feet wide on 9 inch legs.
So I guess it probably stands he is not 9 feet, probably about that high I would think. It is
not nine feet.
MacCoy: Where would you actually locate that?
Jansen: Right up next to the building probably by the door. So it wouldn't be in the
impending pathway that we are going to leave vacant it would be up by the door or by
the tables, on the other side of the tables. Because there is parking right next to the
street so if we put it by the street you couldn't see it. So we are going to have to move it
in toward the building itself.
MacCoy: You read part of the report which requires you to leave a five foot (inaudible)
Jansen: Absolutely, the tables aren't that big and the feet between where the road starts
and where our building is, that is like 18 feet I think. So there is no problem, when we
put our tables out there it doesn't even go on that first cut off where the actual sidewalk.
If you are on the sidewalk and you are going toward the Sunrise Cafe or the church it
doesn't even obstruct that part of the sidewalk, So this is like the space going into our
building is not even actually on the sidewalk because if you get into that alleyway there
is nothing there and the sidewalk continues on toward the church. So we are talking
about putting them on that little space that is right in front of our window. So even if a
customer moves his chair out there is still plenty of room between that and the street.
MacCoy: Let me ask staff a question here, Gary, on the sandwich board since that is
not allowed in the City do we have because of Old Town an exception to that?
Meridian Planning & Z099 Commission
June 10, 1997
Page 5
Stiles: Commissioners, this has been a policy of the City of Meridian to not allow
temporary signs within the City. I don't know if this is something that would be moved in
everyday.
Borup: The application does day 9 feet.
Stiles: It is a little hard for the Commissioners to decide if that is something that truly
would fit in just with the verbal description of what you are proposing. I appreciate your
intent and it could be a good idea and something that the Commissioners would buy off
on but we are really trying to eliminate the temporary signs that just sit out there as a
portable day in and day out kind of sign. I think if it were something that were more
discrete with a menu board that is a little bit different than some of the signs that we are
having a problem with. But I think that would be up to the Commissioners to decide if
they felt that was appropriate.
Jansen: If I could make one comment, I have seen some of the sandwich signs that are
up and down Fairview and up and down First street. I am not talking about two pieces
of plywood smashed together, I think they look tacky. This is completely different from
that. It is very tastefully done, it is all painted, It is a professional office working on it.
The writing would be professional writing when we get read to the names of the coffees
out. It is cute, it is not the kind that is just two pieces of board with metal strips on top
and folded in. It is really tastefully done.
MacCoy: What about turning that thing 90 degrees and have it against the building so
that as people into your establishment they would actually still see (inaudible).
Jansen: We could do that too very easily. It would be nice if it could be put out so
people could see it, but I could stick it right up next to the building that wouldn't be a
problem.
MacCoy: There is a, I guess a question has been raised about the receptacle for trash.
Jansen: Well, from what I, Mr. Foley is not in attendance, I am kind of surprised. I see
that there is a letter dated June 9th, it was received by City of Meridian June 9th that said
he was going to table that because they were in agreement with the or they are trying to
get it to an agreement with the Nazarene Church. I have not been made aware of the
conclusions of that agreement.
MacCoy: I didn't see him here this evening and I was hoping that maybe you had
already resolved that issue.
Jansen: I know they have discussing it and as a matter of fact he was going to, we
agreed that item #6 be tabled or withdrawn to allow us to reach an agreement regarding
the issue between ourselves. If the item cannot be tabled then it is my request that it be
Meridian Planning & Zogg Commission
June 10, 1997
Page 6
withdrawn in its entirety so the remaining items of the conditional use permit can be
acted upon. The last I heard he and Pastor Cox were, Pastor Cox came to me on
Saturday and said they were going to reach an agreement they just hadn't yet.
MacCoy: That is all I had.
Smith: Conceptually I like your proposal, a couple of issues that I have, you are
proposing two tables with four chairs.
Jansen: Two chairs per table.
Smith: Okay, two things, one I definitely have a problem with the sign, I guess I would
like to see if you had to have a sign outside to see it tucked back in the alcove of the
entrance here between Valley News and your shop. But I guess at that point to locate it
that far back off the street you may as well go inside and look at your signs inside, your
menus boards and that thing. So I don't know if it is really going to do anything for you
back there. The Xerox copies that we got that show the awnings that you are proposing
to use they didn't come out very good. So I guess I would like to request that you have
some kind of picture or something for the City Council to approve and then if you are
going to have actual signage on that awning that you have that designed and present
that to the City Council for approval as well. As far as the placement of your tables and
whiskey barrels out there, I think that is a great idea, I would just like to see some kind
of a plan that the City Council can approve to where those will. be located so that
pedestrian traffic is not impeded or safety is not compromised out there in front of your
shop. Just to kind of prevent things getting away from us here down the road where we
don't have any control over where that stuff gets put.
Jansen: I took a picture of the front of the building, the pictures with the awning the
awnings that are on now is the store in Eagle. That is where I took those pictures. There
are pictures of the front of the building of Wild West in Meridian, I can actually show you
where those tables.
Smith: That is what I am asking is that you have something showing the Council where
those will be placed so they can (inaudible) I would like something a picture or drawing
or something that shows that. Something that we can hang our hat on.
Borup: I might mention here I think the application is strictly for the table and the
awnings and the planters and that kind of thing are just added things that they are doing
for their own decorating benefit. I don't know that those even need to be in the
application other then they did add them. I believe I am correct on that, is the application
just strictly for the tables? That and the sandwich board would be a factor too.
Stiles: Commissioners I believe that as part of the conditional use permit we can, we do
have the ability to review all of those items particularly in Old Town. It would be nice to
have a scaled drawing that showed how much overhang you have on the awning, how
Meridian Planning & Zor' 9 Commission •
June 10, 1997
Page 7
much it projects. I think that is mainly what we are concerned with here. We did get
another comment from Ada Planning Association that asked that at least 8 feet be
allowed clear space particularly due to like when you have the parades like the Dairy
Days you are going to need more than 5 feet for people to walk safely. I think you could
still meet that 8 foot requirement. I think the Planning and Zoning Commission is
perfectly within its right to ask for additional details whether they want to ask that this go
on to City Council and that you provide those details by the time you get to City Council.
Byron would have the ability to make a comment at the time it even went to Council as a
Commissioner I believe would be appropriate. It just depends on if they are able to
make that motion and want to proceed that way.
Borup: Any other comments?
Fitzgerald: I just had a question of Ms. Jansen, in terms of the sign, where specifically
did you plan to locate the sign?
Jansen: Originally we wanted to locate it right next to the front door. Not in front of it but
next to it so people walking this way and people walking this way can see what it said. I
don't have a problem leaning it up against our side of the door because it wouldn't
impede people going up the step to get into the front door.
Fitzgerald: So would it be on the sidewalk, actually on the sidewalk?
Jansen: That was the initial intent was to put it on the sidewalk and still leave the 5 foot
area. I even thing I, right underneath the window there is like 3 '/Z feet of block cement
that is part of the sidewalk right up next to the window. That is really what we need. So
if I could just move those tables over a little bit and put the sandwich sign up against the
window if that is what it takes. When he said people could just walk in and see the
menus, the problem is getting people to walk into the store. If they saw we had Hagen
Daaz ice cream and I had it on special for Saturday it might help them to make up their
minds whether or not they wanted to come in. The whole point is I am just trying to get
people in the store.
Fitzgerald: I would point out to the Commission that Section 11-2415 C specifically
prohibits the placing of signs on the curb or sidewalk and that would require a variance
from that ordinance, but I would point that out.
MacCoy: If she put it right next to the building faced with the building and not on the
sidewalk so that it could be part of the (inaudible)
Fitzgerald: If it is not on the sidewalk that would be correct.
MacCoy: How do you get around that?
Manning: Is the sign design basically an A frame sign?
Meridian Planning & Zon9g Commission
June 10, 1997
Page 8
Jansen: Yes
Manning: And that would if you put it up against the building essentially you would lose
one have of the sign.
Jansen: I could always write iced mochas on one side and hot mochas on other and
turn it over at noon.
MacCoy: You could do that or you could only pay for one side.
Jansen: Actually she has got a lot of it done and I didn't think, that would be an idea we
could put hot mochas and hot coffees and what they were and then at noon when
everybody turns to iced espressos and iced lattes we could just turn it over.
Manning: I have no more questions.
Borup: Any other questions?
Jansen: I just want to be certain what procedure I take nova?
Borup: We are still going to have it open for additional public testimony and then what
Counsel has done is prepared preliminary findings of fact which enable us to deal with
that tonight which essentially saves you a month and get it to the City Council faster. So
that is what we are endeavoring to do. This is a public hearing, is there anyone from the
public that would like to give testimony? At this time I would like to close the public
hearing. Commissioners now I guess, it was my understanding it was the intent they
would like to have the seating in operation in time for Dairy Days and do have
preliminary findings of fact and conclusions of law available for us which have most of
the pertinent information to enable us to add anything else to it that if we would like to.
Do we have any other comments or discussion at this time?
MacCoy: So you are going to combine two and three, is that what you are doing?
Borup: Well the public hearing has been close on two I guess we are on item No. 3 now.
It sounds like maybe from some of the comments, the one item, item #4 in the findings it
does pertain to the A -frame that says essentially a variance would need to be obtained.
Counselor, after hearing testimony is there anything you feel should be added?
Fitzgerald: I don't believe that there was anything substantial, the testimony was
substantial don't get me wrong, anything that would cause the findings of fact or
conclusions to be changed or revised in terms of how they were presented. I think that
they do need to be amended in terms of adding in the applicant's representative's name
Carolyn Jansen as her appearing as well as striking the fact that they would be
Meridian Planning & ZoN19 Commission •
June 10, 1997
Page 9
preliminary from the findings of fact. If you decide to move forward with these as
presented.
Smith: Mr. Chairman, I think we also have this trash receptacle issue to deal with and I
would also like to incorporate into the findings of fact the concerns about the layout and
design of that sidewalk space. I will make a motion if there was nothing else.
Borup: Is there any other discussion? Are we looking at tabling on the trash receptacle,
the letter referred to item 6 is that the proper?
Smith: It is item 3F on page (inaudible)
Fitzgerald: It would item 6 in the application.
Borup: So that would be item 3F and also and also 7E would that be correct.
Fitzgerald: The Commission may want to ask if that, as .I understood it was either to be,
the request was either to table that or to withdraw it. The Commissioners needs to
know how the applicant is approaching this, should it be withdrawn or if it is tabled then
we would have to table the findings of fact and conclusions of law.
Borup: The way I read Mr. Foley's letter and maybe I am assuming something his first
choice was to withdraw it but table it (inaudible)
Stiles; Commissioner Borup, Commissioners, I believe what the intent of that item in
that letter from Mr. Foley was is that item #6 of the applicant's request which I am not
sure that I really understand if you will see that letter from Valley Shepherd Church of
the Nazarene on the third page there is a description of the conditional use permit that
was part of the application. The request is amendment to conditional use permit granted
Hunter Investments Inc. owner of the building to allow a garbage receptacle behind to
the west of the subject building to be used cooperatively by surrounding property
occupants. I believe that was partly from an understanding that they were required to
provide their own individual trash receptacle and enclosure. I think as long as they are
working on cooperatively doing that, that is still a condition of the application. They are
to provide a screened trash enclosure just as long as they work that out as soon as
possible. I think a resolution is fairly close. I don't believe it was the intent of Mr. Foley to
stop this in any way to really table it or withdraw the application. It was just that one item
he may have had a question on.
Borup: That makes more sense, did the Commission understand (inaudible) No need to
table or withdraw it, let it sit as stands they just need to work out whatever they work
out. Commissioner Smith, any of your other items do you feel we need to open for
discussion? Or are we ready
A
Meridian Planning & Zorfog Commission •
June 10, 1997
Page 10
Smith: I guess I can't support the sandwich sign seeing as how it is not permissible
under the existing zoning.
Borup: The findings already state that, that they need to, what you saying is you agree
with the findings then?
Smith: Yes
Borup: For the applicant's information that was just saying that a variance would need to
be secured on the sign. The sign was the one item and then anything else, I think the
findings address that.
Smith: Just some kind of drawing indicating a proposal layout for the whiskey barrels,
the tables and to show that the awnings and window boxes are not going to impede
pedestrian traffic or safety on the sidewalk. I don't think they will I think we need to have
something that shows that they won't.
Borup: You are saying you want that to come back to us or (inaudible)
Smith: I don't want to hold it up, I want them to be able to go forward with it. So I can
make that as an amendment to the approval of the findings of fact.
Borup: So some more detailed drawings on the tables and landscaping layout. We
have also added the applicant's name, does that need to be I the motion?
Fitzgerald: Yes, in terms of if there is going to be a motion to approve the findings of fact
and conclusions of law you need to include the amendments into your motion which
would include striking the word preliminary and adding in the blank on the first page the
applicant's representative or the representative Carolyn Jansen. And make sure that
part of your motion which would need to be second.
Smith: Mr. Commissioner, I would like to make a motion that we approve these
preliminary findings of fact as findings of fact and conclusions of law, that the word
preliminary be stricken. That the applicant's name Carolyn Jansen be added to the
record. And that the findings of fact and conclusions of law be amended to include
request for submittal of drawings showing the table and whiskey barrel layouts, the
awnings and window boxes as they are proposed. Which show that they will not impede
pedestrian traffic or safety. Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these findings of fact and conclusions of law as amended.
MacCoy: Second
Borup: It has been moved and seconded to approve the findings of fact and conclusions
of law, roll call vote.
Meridian Planning & ZC09 Commission
June 10, 1997
Page 11
ROLL CAL VOTE: Smith — Yea, MacCoy —Yea, Manning — Yea
MOTION CARRIED: All Yea
Smith: Mr. Chairman, the Planning & Zoning Commission hereby recommends to the
City Council of the City of Meridian that except for the placement and display of
sandwich sign which uses in paragraph #B of the findings of fact it approves the
conditional use permit for the rest of the uses specified in paragraph 3 of the findings of
fact herein above requested by the applicant for the property described in the
application with the conditions set forth in the findings of fact andconclusions 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, the fire and life safety
codes, uniform fire code, parking, paving and landscape requirements and all
ordinances of the City of Meridian. The conditional use should be subject to review
upon notice to the applicant by the City.
MacCoy: Second
Borup: All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 BY
MERIDIAN ASSEMBLY OF GOD —1830 N. LINDER ROAD:
Borup: Is the applicant or representative here?
Patrick Drake, 704 Spyglass, Eagle, was sworn by the City Attorney.
Drake: Good Evening Gentlemen, thank you for your time tonight. As per the request
we at this point in time would like to have the ability to conform with the current
ordinances. The property was built approximately 13 years ago prior to the rezoning. At
this point in time we would like to go ahead and conform to the current ordinances by
changing from R-4 to L-0. We have had a chance to review at length the comments
from the engineers department as well as the P & Z Administrator and are willing to
adhere to the requests that have been stated and so forth.
Borup: Any comments or questions from the Commission? I think at this point we are
just looking at the rezone request.
Smith: Can you show me where, what area of this site we are dealing with here for the
rezone request?
Drake: The entire 12 acres. In reference to the question the entire 12 acres is owned by
the church it is all contiguous under the one title.
MERIDIAN PLANNING & ZONING COMMISSION MEETING: May 13,1997
APPLICANT: WILD WEST BAKERY & ESPRESSO AGENDA ITEM NUMBER: 2
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.