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HomeMy WebLinkAboutBaristas Espresso CUP 98-104 (2) M HUB OF TREASURE VALLEY ayan ROBERT D. CO RIE A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (?O8) 88a-J?6~i PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (aos) 887-" I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (.O8) 881-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by:_ February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP-98-104 REQUEST: CONDITIONAL USE PERMIT FOR ADRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY: BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO LOCATION OF PROPERTY OR PROJECT: 1375 E. FAIRVIEW _ TAMMY DE WEERD P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C LENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION). YOUR CONCISE REMARKS: ~ U ~ ~,~~~ -CITY FILES R~ g(;d't8n '''.r ,Val ~}~~~:n~e~''~,t tet S ._ .., REcErvED . , ,'~~ I . + ~ _. CITY OF MERIDIAN HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . C il M b CITY OF MERIDIAN g K ounc em ers PUBLIC WO S CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 c?os> ss7-22I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT ~~~ R1U°Wh\ ~ ~ I~'9'~' ~R~I~I'~~~~TG. CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT was mailed to: BRUCE A. BENOIT 802 BACON DRIVE BOISE, IDAHO 83712 properly enclosed in an envelope, with postage prepaid, on this 25th day of March, 1999. 1 / City Clerk Copy: Shari Stiles, Planning and Zoning Gary Smith, Pudic Works ~1tYgt~ICk!'if lkfl rllll~ ,~~, ~,~ ~ Grp,, SQL ,~ v ice'`' ~`~ ~~` \``` BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR ADRIVE- THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BRUCE A. BENOIT dba ) BARISTAS ESPRESSO, ) Applicant. ) (CUP-98-104) FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS This matter coming on regularly for public hearing before the City Council on the 2nd day of March, 1999, at the hour of 7:30 o'clock p.m., and testimony having been received from the Planning and Zoning Administrator, Shari Stiles, and the Public Works Director, Gary Smith, and the Applicant, Bruce Benoit, appeared and testified in favor of the request, and no one else having appeared and testified in opposition to the request, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 2, 1999, FINDINGS OF.FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 1 before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 2, 1999, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is the Intermountain Outdoor Sports Center located at 1375 E. Fairview Ave., Meridian, Idaho. 4. Owner of record of the subject property is Gerry Sweet of 1375 E. Fairview Ave., Meridian, Idaho. 5. The Applicant is Bruce A. Benoit dba Baristas Espresso of 802 Bacon Drive, Boise, Idaho. 6. The subject property is currently zoned (C-G), General Retail and Service FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 2 Commercial. The zoning of the General Retail and Service Commercial (C-G) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(8)(11). 7. The proposed application requests a conditional use permit for the installation of asteel-constructed, factory-built, 8' x 8' (64 sq. ft.)self-contained, drive-thru kiosk for the purpose of selling specialty coffee products and pre-packaged food items. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-409) 8. The use proposed within the subject application will in fact, constitute a conditional use as determined by City policy. 9. Conditional Use applications for land in commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission. (Meridian City Zoning and Development Ord., Section 11-2-418(E)) 10. That the following conditions will minimize adverse impact upon other development in the area and assure that the development is maintained properly: 10.1 Submit to the Building Department a larger scale of the plumbing plan. 10.2 Zoning Certificate and Certificate of Occupancy are required prior to operation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 3 10.3 The use shall not adversely impact surrounding properties due to traffic and other activities. 10.4 Except for signage as shown on the building no signage has been proposed, and none is approved with this application. 10.5 Violation of any of the above conditions shall be cause to revoke a zoning certificate. The Conditional Use Permit shall be subject to review upon notice to the applicant. 10.6 That all prohibited and non-compliant signs currently on the site be removed before the issuance of any certificate of compliance and prior to any occupancy of the facility. 11. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 12. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 13. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 14. This application is subject to the conditions hereinafter provided for which are herein incorporated by reference as a Finding of Fact which is in compliance with the Comprehensive Plan, because the design, construction, operation and maintenance will be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and the requested conditional use will not change the essential character of the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 4 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to requisite hearing and notice provisions, provide for the process of special and/or conditional use permits for a proposed use which is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To develop, occupy and use real property which. is designated and zoned as General Retail and Service Commercial (C-G) within the City of Meridian for an office building, equipment storage, associated security fencing, landscaping and parking requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, Section 11-2-409. 5. The Commission and Council have the duty and responsibility to review the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 5 facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning. and Development Ord.): a Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance. c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in a General Retail and Service FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 6 Commercial (C-G) District, one (1) public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418E, City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit is recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian and Development Ordinance, and Idaho State law. (Section 11-2-418Ff, City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained properly; e. Designate the exact location and nature of the development; Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 7 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That Gerry Sweet, owner of the property is granted a conditional use permit for the applicant, Bruce A. Benoit dba Baristas Espresso, for the installation and use of a steel-constructed, factory-built, 8' x 8' (64 sq. ft.)self-contained, drive-thru kiosk for the purpose of selling specialty coffee products and pre-packaged food items as described in the Site Plan as bearing Job No. 9444, Sheet A-1.0, Architecture Northwest, Drawn By: T.A.C., Checked By: R.H., BARISTAS ESPRESSO OF BOISE, LLC, Dated: December 1998, for the development of the aforementioned project located at 1375 E. Fairview, Meridian, Idaho. 2. This permit is subject to the following terms and conditions: 2.1 Submit to the Building Department a larger scale of the plumbing plan. 2.2 Zoning Certificate and Certificate of Occupancy are required prior to operation. 2.3 The use shall not adversely impact surrounding properties due to traffic and other activities. 2.4 Except for signage as shown on the building no signage has been proposed, and none is approved with this application. 2.5 Violation of any of the above conditions shall be cause to revoke a zoning certificate. The Conditional Use Permit shall be subject to review upon notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 8 2.6 That all prohibited and non-compliant signs currently on the site be removed before the issuance of any certificate of compliance and prior to any occupancy of the facility. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 9 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on March 2, 1999. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED MAYOR R D. CORRIE (TIE BREAKER) VOTED, DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 10 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. BY' Dated: ~!~-~ City Clerlc t~t~~:~ti~atiaarrrr~,~,~ msg/Z:1Work1MlMeridian 15360M1benoit cup1CUP.FCS.wpd ,~~'`~ +i,~ ~:,.,e "'~~+ ~r'r w y __ ~L - 9 '~~ ~rrrrna~aa r~s~t~k~~~ REcE~D MAR 1 6 1999 CITY OF 12EI~IDI14.i~t FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BRUCE A. BENOIT dba BARISTAS ESPRESSO - 11 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR ADRIVE- THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BRUCE A. BENOIT, dba BARISTAS ESPRESSO, Applicant, (CUP-98-104) ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 2"d of March, 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That Gerry Sweet, owner of the property is granted a conditional use permit for the applicant, Bruce A. Benoit dba Baristas Espresso, for the installation of a steel-constructed, factory-built, 8' x 8' (64 sq. ft.) self-contained, drive-thru kiosk for the purpose of selling specialty coffee products and pre-packaged food items as described in the Site Plan as bearing Job No. 9444, Sheet A-1.0, Architecture Northwest, Drawn By: T.A.C., Checked By: R.H., BARISTAS ESPRESSO OF BOISE, LLC, Dated: December 1998, for the development of the aforementioned project located at 1375 E. Fairview, Meridian, Idaho. 2. This permit is subject to the following terms and conditions: 2.1 Submit to the Building Department a larger scale of the plumbing plan. 2.2 Zoning Certificate and Certificate of Occupancy are required prior to operation. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BRUCE A BENOIT dba BARISTAS ESPRESSO - 2.3 The use shall not adversely impact surrounding properties due to traffic and other activities. 2.4 Except for signage as shown on the building no signage has been proposed, and none is approved with this application. 2.5 Violation of any of the above conditions shall be cause to revoke a zoning certificate. The Conditional Use Permit shall be subject to review upon notice to the applicant. 2.6 That all prohibited and non-compliant signs currently on the site be removed before the issuance of any certificate of compliance and prior to any occupancy of the facility. 3. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Seabury Subdivision. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 2"d of March, 1999. / .- By: T . CORRIE. or, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. ~k~tr~u»e{i{{{,~:. V_ ~ ®~ / '~'} y. x B ~.,, ,~^~ Dated: ~~l ~ -~~ ~'` ~'~' '"~ City Clerk ~ msg/Z:\Work\M\Meridian 15360M\benoit cup\Order.wpd =,. ~` ~ ~; '~ .~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BRUCE A BENOIT dba BARISTAS ESPRESSO - REcEZVED 2 MAR 1 6 1999 CITY OF I~RIDIAN ~~ cou~t~ ~~~~wu~ ~~~t~~~t Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus@achd.ada.id.us January 27, 1999 RE~'~~D City of Meridian 33 East Idaho SAN ? q jggg Meridian, ID 83642 City of i6leridian City Clerk Office Re: MCUP98-104 1375 E. Fairview The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans 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 ACRD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. If you have anv Questions please feel free to call me at 387-6170. Sincerely, Steve Arnold Development Analyst cc: Project file Mayor ROBERT D. CORRIE Council Membe*c CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD 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 LEGAL DEPARTMENT ('_08)881-1261 PUBLIC WORKS BUILDING DEPARTMENT (2os> ss;_2,1 I PLANNING AND ZONING DEPARTMENT (208)881-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP-98-104 REQUEST: CONDITIONAL USE PERMIT FOR ADRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY: BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO LOCATION OF PROPERTY OR PROJECT: 1375 E. FAIRVIEW _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES RECE,~ I~ ,~ ,, CITY OF 1VTFRIDIAN 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEX,ATION) YOUR CONCISE REMARKS: / ~ ~/ /YI.e.~, 1 a,~ F~icG cam: ~ ~- ti~ ~c~v.Q ~,- Mayor NUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council M mb rc CITY OF MERIDIAN (?08) 88-1--1?6~1 PUBL[C WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTtitENT GLENN BENTLEY MERIDIAN, IDAHO 83~ C~I~T~ c'-os) as7-~z i i RON ANDERSON Phone (208) 888-4433 • Fax (208)' 87-4813 jJ PLANNING AND ZONING KEITH BIRD ~A N 0 8 1999 D ) OS 88~1-533 City of Meric~ia~-t • ~ ~. lt;r i ierk f~fficn 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP-98-104 REQUEST: CONDITIONAL USE PERMIT FOR ADRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY: BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO LOCATION OF PROPERTY OR PROJECT: 1375 E. FAIRVIEW _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTORN EY CITY ENGINEER _CITY PLANNER CITY FILES 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) IDAHO TRANSPORT ION DEPARTMENT ADA COUNTY (A N T ~f) YOUR CONCISE REMARKS: /' RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Submit to the Building Department a larger scale of the plumbing plan. 1.2 Zoning Certificate and Certificate of Occupancy are required prior to operation. 1.3 The use shall not adversely impact surrounding properties due to traffic and other activities. 1.4 Flo ~ignage has been proposed, and nou~.is approved with this application. 1.5 Violation of any of the above conditions shall be cause to revoke a zoning certificate. The Conditional Use Permit shall be subject to review upon notice to the applicant. The Plan " and Zoning Commission further advises: 5~5 1.6 That all ited and non-compliant signs currently on the site be removed before the i ce of any certificate of compliance and prior to any occupancy of the facility. Z:\WorkUV1\Meridian 15360NNntennountain Sports\ICioskCup.Rec RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -DRIVE THRU IQOSI~ INTERMOUNTAIN OUTDOOR SPORTS G) is defined within the Citv of Meridian Zoning and Development Ordinance, Section 11-2-408(B)(11). 5. The proposed application requests a conditional use permit for the installation of asteel-constructed, factory-built, 8' x 8' (64 sq.ft.) self-contained, drive- thru lcioslc for the purpose of selling specialty coffee products and pre-packaged food items: The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-409) 6. The use proposed within the subject application will in fact, constitute a conditional use as determined by City policy. 7. Conditional Use applications for land in commercial districts shall only be required to have one public hearing which .shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission. (Meridian City Zoning and Development Ord., Section 11-2-418(E)). RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -DRIVE THRU IQOSI~ INTERMOUNTAIN OUTDOOR SPORTS ~~~~vEp FEB 2 2 1999 City, of Meridian City Clerk Office BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR ADRIVE- THRU IQOSIC IN THE PARIQNG LOT OF INTERMOUNTAIN OUTDOOR SPORTS Case No. CUP-98- 104 RECOMMENDATION TO CITY COUNCIL BRUCE A. BENOIT dba BARISTAS ESPRESSO, Applicant INTRODUCTION 1. The property is the Intermountain Outdoor Sports Center located at 1375 E. Fairview Ave., Meridian, Idaho. 2. Owner of record of the subject property is Gerrv Sweet of 1375 E. Fairview Ave., Meridian, Idaho. 3. The Applicant is Bruce A. Benoit dba Baristas Espresso of 802 Bacon Drive, Boise, Idaho. 4. The subject property is currently zoned- (C-G),General Retail and Service Commercial. The zoning of the General Retail and Service Commercial (C- RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -DRIVE THRU IQOSI~ INTERMOUNTAIN OUTDOOR SPORTS MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 42 Borup: We didn't address the sign issue with the applicant, but we can make that a condition and leave it up to him and his landlord. De Weerd: This is isn't his sign that we are worrying about right? Do we not have an enforcement officer who can go out and... Stiles: It's a long story. MacCoy: You don't want to get involved in that. De Weerd: Sorry I've been really good at these loaded questions apparently. Borup: So you are saying this is the best means to take care of a problem that hasn't been solved through normal. MacCoy: It just underscores something that we've been trying to get done. Borup: We are kind of putting the applicant in a little bit of a bad situation for him to straighten out someone else's problem. MacCoy: It's going to end up right to the owner anyway, because he has allowed it to happen. Borup: I'm assuming the owner would like to rent the space to the kiosk anyway De Weerd: Do you have something to add Shari? Stiles: We can't issue a certificate of zoning compliance for something that is not in compliance and that would include the entire site. De Weerd: Okay, well that clarifies that. Borup: So we are looking at three conditions and two of the conditions have been met. The staff comfortable with the plans and the removal of the wastewater at this point or do you like to reserve to review that? Freckleton: Commissioner Borup I would like to put that plan in front of the plumbing official, but I did speak with the Central District Health Department and they told me that this use has been reviewed and it is an approved use, so I think that the question comes more to just satisfy the-our plumbing official as to the backflow prevention and that sort of thing. I really don't have any problem with it, I would just like to see that plan. De Weerd: So are you going to attempt this or shall I? MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 43 Borup: Mr. Chairman, I would like to make a motion that we approve this conditional use permit for adrive-thru kiosk with-subject to review of the plumbing officials on plumbing system and also subject to the correction removal of non-complying signs on the subject property. So that include it, anything else that should be added? MacCoy: I think you covered it De Weerd: It's been seconded MacCoy: It's been seconded. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY ROBIN WALKER D/BA/ JUKEBOX PARTY EXPRESS-821 E. WILLOWBROOK: MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, this application was submitted primarily due to a continuing enforcement problem that we've had. There have been complaints I would say probably for at least two years about this operation. The applicant has-the city has litigated this applicant, they are-he did plead guilty, is up for sentencing I believe next week. The use did not meet any of the criteria for an accessory use for a home occupation, and without knowing really where this use would fit in, the closest we could come would be an outdoor storage facility, but I'm sure there are people here to testify tonight what kind of conditions have existed out there. Staff does not support approval of this conditional use permit, it's not appropriate for a residential subdivision and believe that the applicant should move his location to a commercial area where it would not be disruptive to the entire neighborhood. MacCoy: Bruce, do you have anything? We will open up the public hearing, will the applicant please come forward? ROBIN WALKER, 821 E WILLOWBROOK, MERIDIAN, ID. Walker: We have lived at this property for some time, we were renting the property, we wasn't aware that a conditional use permit was required. We were asked by enforcement to move one of the trailers up to-up close to the house that it was out sitting too far too close to the street which we did. The property was still under ownership of someone else and as of November, December of this last year, we were probably notified probably in August that we needed to get HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE Council Memf~r~ CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Planning & Zoning Cotnmission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 February 5, 1999 ~~~~~_~ ~ E 8 - ~ 1999 CITY OF VIERII~L4~ Re: REQUEST FOR CONDITIONAL USE PERMIT for adrive-thru kiosk in the parking lot of Intermountain Outdoor Sports by Bruce A. Benoit D/B/A Baristas Espresso I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. In the narrative submitted with the application, it states that this business will be "fully self-contained, requiring only electrical hook-ups and telephone." And that there will be "no hook-ups to sewer or water." Please provide information as to the plan for delivering water and carrying away the wastewater, and submit to the building Department a larger scale of the plumbing plan. 2. Zoning Certificate and Certificate of Occupancy are required prior to operation. 3. The use shall not adversely impact surrounding properties due to traffic and other activities. 4. No signage has been proposed, and none is approved with this application. 5. Violation of any of the above conditions shall be cause to revoke a zoning certificate. The Conditional Use Permit shall be subject to review upon notice to the applicant. Baristas.CUP.doc MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 41 MacCoy: Okay, thank you. Opening up the hearing, will the applicant come forward please? BRUCE BENOIT, 802 BACON DRIVE, BOISE, ID. Benoit: This is an 8 X 8, 64 square foot pre-constructed tubular steel building that is just brought into the lot, set down. As was mentioned, it doesn't require any sewer hookups, any water hookups, I do have a plan, a system for taking- bringing fresh water in, hauling away the gray water, which is simply mainly water with coffee in it and a little bit of soap suds. It all goes to sanitary sewer system, I haul it away myself or one of my employees in apre-approved truck with a freshwater tank in one side and gray water on the other. They can't be co- mingled, it's all approved by the health department. We have one in operation in Boise now, so-they have seen it all. I have a description and a photo of that system. I also have some larger plans available to. MacCoy: Any questions from the commissioners? Borup: I think that answered the questions, you are saying there is a pump system to pump the water from the holding tanks to the truck holding tanks? Benoit: Correct. Borup: Then you have some full scale plans for the plumbing department? Benoit: Yes I do. MacCoy: Any other questions for commissioners? Thank you. Anyone here who wants to speak in support of this item? All right seeing none, is there anyone here who would like to speak on the other side of the fence? Seeing none, I'm going to bring it back to the commissioners then. Borup: Mr. Chairman, I move we close the public hearing. De Weerd: Second. MacCoy: Discussion? Rossman: Need a vote. MacCoy: All in favor? MOTION CARRIED: All ayes. MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 40 Borup: Mr. Chairman for clarification for the members of the audience that's at the middle school on McMillan, not different middle school? Donnell: Meridian Middle School, Cherry Lane at 7:00, we will have an arrow going to wherever place they give us in... ITEM N0.4: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR ADRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORT BY BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO -1375 E. FAIRVIEW: Stiles: Chairman MacCoy, commissioners, this is for an espresso kiosk located at the Intermountain Outdoor Sports building. The site plan does not indicate all the uses that are currently on the site as you may be aware. There is an emissions van that is located on, near the easterly entrance to the facility. As this is all one parcel of ground, I would like to make as a condition of any approval and that this condition be tied to both the emissions van and the espresso kiosk that the prohibited signs that are currently on the site be removed before any certificate of compliance is issued and prior to any occupancy of the facility. Borup: Mr. Chairman, just a clarification on that, are you saying that the emission signs need to be removed before-you are suggesting that the emission signs be removed before this project is approved? Stiles: Yes. Borup: Does the owner of the property I assume have the ability to do that? Stiles: I would hope so. Borup: Me too: MacCoy: I would think they do. Bruce do you have anything? Freckleton: Chairman MacCoy, members of the commission, there was just one item that I wanted to touch on, that was item no. 1 in our comments. In the application, it is stated that the unit would be self-contained. There will be no hookups to sewer and water. They have, I believe a 50 gallon reservoir for fresh water, and a 50 gallon reservoir for gray water. I had just requested in my comments that we would like to get some information as to how they propose bringing that fresh water in and taking that wastewater away. Also, it was really hard to read the reduced copies of the plumbing, our plumbing official requested that they have a larger scale schematic of the plumbing. He's just concerned with the backflow protection. That was all I wanted... MERIDIAN PLANNING AND ZONING MEETING: FEBRUARY 9, 1999 APPLICANT: BRUCE A BENOIT D/B/A BARISTAS ESPRESSO ITEM NUMBER: 4 REQUEST: CONDITIONAL USE PERMIT FOR A DRNE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS ~e ~ ~ ci s REVIEWED REVIEWED REVIEWED G~'~~ ~ SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS REVIEWED G~v~~ ~„";'a' ~ ~~~ ~~ OTHER: All Materials presented at public meetingscome property of the Cit~y-/off Meridia1n/~.,~ i, MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: BRUCE BENOIT D/B/A BARISTAS ESPRESSO AGENDA ITEM NUMBER: 8 REQUEST: CONDITIONAL USE PERMIT FOR KIOSK IN PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED REVIEWED REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 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All materials used and detailed drawings and engineer's reports, have all been approved in accordance to the unified building code. Please see enclosed documentation. Sincerely, __---, ~~ Zi2yG- a.~~--,~~~ /~~ ~ Dennis Burkhartsmeier Fax 406-256.5397 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division Return to: HEALTH ^ Boise DEPARTMENT ^ Eagle Rezone # ^ Garden City .'Meridian Conditional Use# (~!'/1~~~ %~~U ~v~%C v~r ~/lIT~.P/~1~~"r/%t~i~/ ~/~~oflr..~;-,~: ^ Kuna Preliminary /Final /Short Plat ^ ACZ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. RE CENT; .J A ~: 2 0 1990 CITY OF iVIER,IDIAi~i ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ b/everage establishment ^ grocery store f7,~1 ~~ rtlO /I if~iT / ~r~r7~. 1~~ O /Y-t'.~1 E?h ~ S Date: ~/~/~ 14. ~ ~~= ~/IS'<"ll^ v o~ir 7`h e /~C.~JJ 07 ~0 ~~ 5 Reviewed By: ~ ~~- ~L%f/~'~ Review Sheet CDHD 10/91 rc6, rev. 7/91 v - i i I .\ ~ ~~ ~\ O ~~ I 4 ~ { ~ ~ o~ 0, ~~ to is I ' •~ ~ ~ o ~ ~ ~ ~~ ~6 ~ 6 X ~ E Q l \ _ Z_ p \ L y 1 • I ~ II / •I 1 I •I I' } I I I ~I ~ X -~ ~~ ~ ~ ~~ i ~~_ i i IE :I I O j I .I I~ :7 ~\ O =D ~_ i ~ 0 00 ~~ s~~ ~~ o~~ ~ ~~ e~~ ~X~ ~ 190~_Q~~ I ._ ~~ 31..0. BUILDING [OP. ~ u W / \ ~ // __ o ~ // I pr y cl~ ~~ g~ ~~ . ]8'-O" ~~=_ ~ o- to ISp P J O CIO V F ~n O ~ D ~ ~I ~p Z `~ ~ F'' N i ~~ ~ ~ _ ~. iq 99 O JI~R,~6 { ~ ..~ ~4RGN ITEGTURE NORTHWEaT py_ .~.•.~ ~ µyy~llD~AII. w ; ~#.NITfGT ~ -LAAI.~ ~~ g ina rti.i ~.w ~..m. s~.. cos mow. wr» sxsi orre./ r.c (~ M-un Marc: (~) us-iao BARISTAS ESPRESSO OF BOISE, LLC December 1998 SITE PLAN DRIVE THROUGH ESPRESSO KIOSK SCALE 1' = SO' ~. \~ AFFIDAVIT I, Bruce A Benoit, Baristas Espresso of Boise, LLC, having applied for a conditional use permit for a drive though kiosk at 1375 E. Fairview Ave. in Meridian, Idaho, agree to post the property one week before the public hearing, stating that a conditional use permit application has been submitted. ~'~_ ~ ~ ___~ Signed: Bruc .Benoit Date AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) (name) (address) being first duly sworn upon ~jG~~~./~/ ~Q~¢}} ® oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to Baristas! Espresso of Boise, LLC, 802 Bacon Drive, Boise, ID 83712 To submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this r~day of Z 19-~! ~---. re) SUBSCRIBED AND SWORN to before me the day and year first above written. No ary Public f~ Ida o ~( Residing at ~~J-GQ,G ~ My Commission Expires: ~~ o~~~ v~~~~ is true and correct. If you have any further questions or need further information please do not hesitate to contact me. Best Re , t Bruce A Ben rt Vice President ~aristas! Espresso of Boise, LLC ~ ~ a r~ E•$•P•R•E•$• •O 802 BACON DRIVE • BOISE, IDAHO 83712 OFFICE: (208) 433-8789 FAX: (208) 424-1970 December 23, 1998 City of Meridian Planning and Zoning 33 East Idaho Ave. Meridian, ID 83642 RE: Application for Conditional Use Permit Enclosed, please find our application for a conditional use permit for adrive-through espresso kiosk to be located in INTERMOUNTAIN OUTDOOR SPORTS CENTER, 1375 E. Fairview Ave, Meridian, Idaho. This kiosk is an upscale, steel constructed, factory built, 8' X 8' (64 sq. ft.) unit. We will sell only specialty coffee products and prepackaged items such as cookies, muffins and bagels. The unit is fully self contained, requiring only electrical hook-ups and telephone. The will be no hook-ups to sewer or water. These units are kiosks by definition in the Idaho Department of Health and Welfare, Division of Health, Bureau of Environmental Health and Safety Rules for Governing Food Safety and Sanitation Standards for Food Establishments (LTNICODE). The county health department recognizes these as kiosks by this definition, UNICODE section 005.73. This property is owned by Mr. Gerry Sweet, 1375 E Fairview Ave, Meridian, ID, phone - 888- 4911. The legal description of this property is T3N R1E, Section 7. Parcels S 1107110410 & S 1107110415 The existing use of this property is commercial, retail. The kiosk will be located in the parking lot of this center. The current District zoning of this property is C-G. This property is desirable for our drive-through location because it is on a major commuter route . It has excess parking space available, and easy access from Fairview Ave. Baristas! Espresso of Boise, LLC agrees to pay any additional sewer, water or trash fees or charges associated with the use of the property. I verify that I have read the contents of this application and that the information contained herein ~c'~D JAN 0 6 1999 City of illeridian City Clerk iiffica N CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT 1~,ECE~I) DEC 2 3 199 CITY OF G & ZOi~~~ FL~'`+'NL~i GENERAL LOCA'~TON: 1~rt~cnn a k w~'A f +~ ~u'~~ ~- ~~-~rtici r.~~ 1315 E. ~tiQ~~~~, M-a-v~-~~~~ l' DESCRII'TION OF PROPOSED CONDITIONAL USE: ~rl U 3 ~~ ~ ~3 ~ ~ T'~-t ok c~.. K.i OSI~. - ~ -~~ ~OQ~ ~C..i ZONING CLASSIFICATION: C -' C~ I certify that the information contained herein is true and correct. 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 the property generally described as located at -, TO for SUBDIVISION, BLOCK ,LOT ADDRESS: ~~2- ~Jf'k-x~ n ~ ~ i ~. ~~ S~, .~ ~ ~~ I '~ ~uP- 9 Social Security Number .5 ~ d • G ~ • ~~ ~ ~i' =f HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-1264 Council Members CITY OF MERIDIAN UBL[C WORKS CHARLES ROUNTREE 33 EAST IDAHO ~Q y1~NG DEPARTMENT ^7ui~ O8) 887-_..l I GLENN BENTLEY MERIDIAN, IDAHO 83642 i~_ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 JA~ o ~ NNING AND ZONING PARTMENT KEITH BIRD ,~~y~~1' ) 884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP-98-104 REQUEST: CONDITIONAL USE PERMIT FOR ADRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY: BRUCE A. BENOIT D16/A BARISTAS ESPRESSO LOCATION OF PROPERTY OR PROJECT: 1375 E. FAIRVIEW TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORN EY CITY ENGINEER ~ITY PLANNER _CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: RECE~D ,~ ;, ~ i .,.., ,. CITY OF ~IiIDIAN ~ur~ia & ~lle~cidiaa~ ~Ivc~gat~aa~ Dia.~ztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Conditional Use Permit for Drive-Thru Kiosk in Parking Lot of Intermountain Outdoor Sports -Bruce A. Benoit dba Baristas Espresso Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 12 January 1999 ~'"' ~ ~ / I ~~ .. _ N w> o a ~ m so o I N ~ -Nw> m ~~ w "` O `.w.. ~ m __ , • ~ ,n 'and 1.Hlb'J "N~ m u - _.,._-----r-- 3Oe ; Y L N - _ m Lc_-_T ~ 1. u t0 w y "7 4,~;~b~,~fi ;, _ _ - _ ., ~ _ w m - - N v ' ~ U1 L ~ A N ~ pN, -~ m 10 W ~ /1 v O m p ~/~ _ ~• .~~j i V ? ~ J ~P ~ A ~ I N I . N SH~EVEPORT AVE. m° = - N m' GI O I ~ ~ t~ ~~ A ~ ~ V ~ I Z P EST~EY q~ ; A f r ~ ~ O ~ ~ ~ ~ Z _ ~ ~ .yam v ~' _ ~ ~ ~' c9 ~~ ~ ~ D ({yy \\ r o \ e -- -7 ~ `~~ ` v c,~ NO-~ w 1` ~ ` --- _ w f7 ~ . ~ ~) ~ ' w I w ~ ~ -(i _ V N a ~- ~~,` •'_'. / w ^ /tS,-, _~~ ~ Imo) 0~ iZ N . ~ ~'J ~ _ ~ r~ _ m ~ '~ ~ ~ ' y~ ~ ~,, ~„ /i _,m _ ~ - - I m --1 ro -~- X11 ~ ~ ~ n ~~ i / _ ~ ~~ .r.~ ' ~^! y- / ~- r gym-- ~F Nv;• / ~ I, cM'^' I i`~I IG* (c ~ G7 - _ e m ~ U ., m ,~ _. P3 ~ ti. SHIRE AVE. 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