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Baristas Espresso CUP 98-104
Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD ¢' 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 (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING J DEPARTMENT (208) 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 -96-104 _ REQUEST: CONDITIONAL USE PERMIT FOR A DRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS _ BY: BRUCE A. BENOIT DIB/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 _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 TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: rvF.D JAN 0 6 1999CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT City of Meridian City Clerk Office NAME: Y 0 t') N O 1 1 ADDRESS: _2 �� n i� ► �3 e-� 5. , ,.�,. RECD' D DEC 2A3 1998 CITY OF PLANNIN( & ZONING I X33- Wr?n 'M A GENERAL LOCATION: Qpt ICI A04 Ica_ 1375 E. DESCRIPTION OF PROPOSED CONDITIONAL USE:�A c� i7 t i M- -T+4T 0 c ice. W, O5y. 4'Ka. D v 6 h' t5�a ZONING CLASSIFICATION: C — C7 I certify that the information contained herein is true and correct. Social Security Number 5 140, G!V • 11 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning zu d 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 E�P*R•E•8�8�0 t ` 802 BACON DRIVE BOISE, IDAHO 83712. OFFICE: (208) 433-8789 FAX: (208)424=1970 ! °December 23, 1998 Cit of Meridian Planning and Zoning 33 East Idaho Ave.. - Meridian, ID ``83642 r . RE: Application for Conditional Use Permit, Enclosed;lease find our, a 'application for, a conditional use ermit for, a drive-through espresso p pp p g P kiosk to be located in INTERMOUNTAIN OUTDOOR SPORTS CENTER; • 1375 E. Fairview Ave, Meridian; Idaho. - This kiosk is anupscale;` steel constructed, factorybuilt, 8'X8';(64 sq. ft.)�unit..We' wilfsell-only- 1. 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 orwater: ` These units are kiosks by definition in the Idaho Departmenti of Health and Welfare, Division of Health; Bureau of Environmental Health and Safety Rules far. Governing a Food Safety and Sanitation Standards for Food Establishments (UNICODE).. The county health department recognizes these as kiosks by this definition, UNICODE'section 005.73. This, owned by Mr. Gerry Sweet; 1375 E Fairview Ave, Meridian, ID, phone-- 888- . _ , . .. , , •� . The legal description of this property is T3N R1E,, Section 7. Parcels S 1107110410 & l S1107110415 The existing use of this property is commercial, retail: The kiosk will be located ir'l the parking lot of this center. The current District zoning of this property is GG.- This" ioperty 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 . • O U N TAI N � , �� ..UANUFACTURING � w :C O M P A N Y 2923 Montana Ave. - Billings, MT 59101-1-800-218-6833 , October 30, 1998 4 - To Whom It May; Concern, The following is a list of materials used in construction of our kiosk: Steel frame construction Aluminum siding� Fiberglass insulation Vinyl covered wood floor Formica clad particleboard cabinets an&countertops NSF approved plumbing MC electrical cable 125 amp electrical service electric heat aluminum windows • wood/epoxy roof with decorative vinyl r This is an abbreviated listing, however, if you require more detail please contact us directly. 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, r � d `p a Dennis Burkhartsmeier f 14 . u y Fax 406-256-5397 K-4 r' -- C Z �s COX LL ARCHITECT 2822 3rd AVE K SURE 204 4W)258„� MOLMAIN MUDD Y X V KIOSK BLLBGS, MDNPANA e iV ra III � I �s COX LL ARCHITECT 2822 3rd AVE K SURE 204 4W)258„� MOLMAIN MUDD Y X V KIOSK BLLBGS, MDNPANA NA. I "WELD ARC,HITE T 2822 3rd AVE K M 204 406) 2s8F,i66 /, � 9 II� ee J I "WELD ARC,HITE T 2822 3rd AVE K M 204 406) 2s8F,i66 I II� II .. I "WELD ARC,HITE T 2822 3rd AVE K M 204 406) 2s8F,i66 MPAINTAPI M9UDD S' 'f ' BUMS, MWANA I ..•'< Cil ; � � 0 6 fj D 6 r a r� - i' 30 24. 6 3o P .� 6 L --V � D — w o G `N Fo-:A 'AL , IF c C f 3 N - 1--1 -- w X co r ; < of r N �7 y C, C>. G z 3 Z �4 � - L J r � cN P .� 6 L --V � D — w o G `N Fo-:A 'AL , c c VA 7,9-11 4 7 rn A 7,9-11 4 7 �� � : � | . �£_ � : (\\ 7 \ � Q§ � �f . K # \ � . » � : � ��#�fz� �: $�/�i � a \� � \ ) � * : � ` \ �z . \�����\% � :..mss/� . � = .� %. v\����� % ©®®�y�` %� � 2«�: y1 —NWA CD m 0 m W m -Zr_- V m m ` '1d Z3Nl .N N OD tO F. CREEK AVE. \ — .1 C� 7 .O / �. -�✓- I�' t" v -N SH4EVEPORT AVE. } o — M"(;o m. t z P Z C ESTLEY q� m O 01 � y F, ;gym N r i W � � Z D -. _J U� m �, J ♦ v )�J,i i N\ N W W W ,� �A 'Z N r S,IN LIN -AvE N ! ` I all 0 -_ m IT A P'_ .. .i CD N N. SHIRE AVE: Z - I p�� - m p A W N NO.0 1 N. PENRITH U ` ��♦ N N A A A r -- 09 m _ � u 4P, �I Arn �— --- 1) rn m } 4 r, v. 72,• F.i ry 1 `V_RIVNERt SCRIVNER' A f�jlQ� V N V A W, ,co �c — E i s I i CITY OF MERIDIAN gas i "Hub of Treasure Valley" r ' SSD 33 E. Idaho �a" `�>° Meridian, Idaho 83642 i 888-4433 I,UJLumt;r J Order No. Date 7 3�H Name r 1 oi+ Address Phone: M f.ASL4- C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT LP 10 �.U. P. "�S Imp 21 :1) O O LJI M m I I I I � n T I I CD I I O OCL 7 W W r- • Y•++ I✓ I A Q CD I I " O• ^�y y O I- I� rt• � <,D,. 1 � n` A I I I I I CD I I All claims and returned goods MUST be"accompanied by this bill.' TAX Iz CD 0, CM6 CL e e C> w 0 O-+ m NO O o2om * m W O A'_D— x w v n # # O w 14 000 14 > # 1ON�Gi x m O # # i, # .k, # . # #' aD ' # coo m # O -N # N ? co f r� F1 D2wrn s i#E cn _ M0 "# OW2 � J,00DD S� wO Z 'o p # - coc>w NO=C/f # -i .ib XIla m M N)r co C - '-#yhti� Nrn D 2 m C / N Co 8) Security features. Details on back. -i CITY OF MERIDIAN gas i "Hub of Treasure Valley" r ' SSD 33 E. Idaho �a" `�>° Meridian, Idaho 83642 i 888-4433 I,UJLumt;r J Order No. Date 7 3�H Name r 1 oi+ Address Phone: SOLD BY f.ASL4- C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT LP 10 �.U. P. "�S Imp 21 m[Li I i ti S a� 1,U7 35 ip LJI I I I I I I I I I I I I I I I I I I I I I All claims and returned goods MUST be"accompanied by this bill.' TAX 0009133 Byceived TOTAL 310 O � GS -202-2 PRINTED IN U.S.A. �t 7NINiEe WlT" SOYINK,- <�J f U�Yli2J��l,U --DEC-15-1998 IS.-Oi PIONEER TITLE CUST SERVIC 208 373 3675 P.01/03 PFMR02PUB 98 N E M A S T E R U P D A T A PIONEER 12/135/98 Parcel tS.1110,7,1,10.410f code Area 03 Type Qty value ACTIVE Name _210 2.345 408606 Data Fron Master Bank Code Buyer C/o PrePai "d Address 1375 E FAIRVIEW AVE L.I.D. BOISE ID Bankrupt 83642 - 0000 Sub.Code W4 *NO Last Change , '96/65/D8 BY : ASR-AINSH AnhexatiorIi Total 408600 Notes DeS'C. PAR 10410 OF NE4NE4 R/S. 1 3222 Exemption SEC 7 3N 1E #0410-S #95044096 Grp 000 TYP 000 AP 03N0lE070410 3N 1E 07 Hardship Flag Property zoning C-G Address 01375 E FAIRVIEW AVE MERIDIAN ID 83642-0000 D.D. Space Type 1 REAL Roll 1 PRIMARY OcC. 0 NOW-OCC Action': F2=Select F3=Exit Fg=iUR Flo--Tax ALT-x'10 HELP I VT-100 I FDX J 9600 N82 I LOG CLOSED I PRT OFFkj CR CR PFMR02PUB 98 N E W M A S T E R U P.? A T E PIONEER 12/15/90 Value ACTIVE Parcel 51107110415 Code Area 03 Type Qty From Ndme IDAHO RENTAL COMPANY 210 3.655 -286600 Data 420 2404900 Master B4yer Bank I Code C/o Prepaid Address 1375 E FAIRVIEWAVE- j I L.I.D. f MERIDIAN ID Bankrupt i 83642 - 1816 sub.Code W4 Last Change : 96/01/04 By .: ASR_PIXIE Annexatidh *NO Total 2691500 Notes PAR #0415 OF NE4NE4 SEC 7 3N 1E Exemption #0415-B Grp 000 Typ 000 Ap 03NO1E070415- 3N 1E 07 Hardship F'laq Property Zoning C-G Address 01375 E FAIRVIEW AVE MERIDIAN ID 83642-0000 D.D. Space Type 1 REAL Roll 1 PRIMARY- Occ. 0 NOK-'OCC Action: F2=Select F3-EXit Fg=UR F10--Tax AIT-FIQ HELP I VT-100 FDX 9600 N82 I LOG CLOSED I PRT OFF,j CR CR DE& -i5 -199e is:oi PIONEER TITLE CUST 1-10196. ism _F 'IjTM COWANY' OFADA CDLWrV M 11"bic Riiii mad -jorzand ."'I AS, Mn SERV IC 20e 373 3675 P.02/03 01111 1 Adsk PONE J. DX?Icj r..,.VhP.RO BOISE ID WA MAIM DIM� pxrmn Pam t I u stur of U*% I Ftel kWbj Cep VM wGRANU God WARILAWn TO IWO ROM& CMANY L.e.C.. ='LWIO lluttod UAbiLltYl_90"=7 -1, of 1375, E. 7"=IW Awams, , Daiwa, Id" 93746 f4wdkelmmat YHr DQU" tdlRER Q= AMA' VALUAM C*&MEIU=0X POLLAK ==rM011 X=3lT we ATrAcmm mmm Ago im A PART Haman. Suva iss Tb! d&M U&g AN *k dad haft awft that ddz dimd ad die ftmdcr noMEDINd bacby mc mAcAmd wider A ey d ad .V-,4byowband org a the Waaw st a bmfd mwft.bdd m sucaded by a 400rmL 1p sridm wi amr. no wamai hm aoudad Its mrpume Acme and =a to be hemunm affmd by IN duh mulberw 23rd dayof June A.D. 19 95 IL-7 fMNqTRHajTOM-flit'. (Cd RATE KAMM ly lu ok PRIMIDENT An A SECRETARY SLATE Of IDA80 cool" or AAA it dWof Juno bellme me Mark Prtm-ldtnt! OF dw wrpNadm thm *Io emamd the blammw na b"r of =F.. acbww6ftW 10 iae d A 14ou" mycm pp fimph)m ;Lice O � 1$ 17��9fl[i0(34f�P9`i!Rs''�i"f�'131f3�fi'.7'^f�i',Yi^.t 4 I u Mar -1Z-99 14:32 • 41 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) f CONDITIONAL USE PERMIT FOR A DRIVE- ) THRU KIOSK IN THE PARKING LOT OF ) INTERMOUNTAIN OUTDOOR SPORTS ) BRUCE A. BENOIT, dba BARISTAS ) ESPRESSO, ) ) Applicant, ) (CUP -98-104) ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 2' of March, 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That Gerry Sweet, owner of the property is granted a conditional use permit for the applicant, Bruce A. Benoit dba Baristas Espresso, for the installation of a steel -constructed, factory -built, 8' x 8' (64 sq. ft.) self-contained, drive-thru kiosk for the purpose of selling specialty coffee products and pre-packaged food items as described in the Site Plan as bearing Job No. 9444, Sheet A-1.0, Architecture Northwest, Drawn By: T.A.C., Checked By: R.H., BARISTAS ESPRESSO OF BOISE, LLC, Dated: December 1998, for the development of the aforementioned project located at 1375 E. Fairview, Meridian, Idaho. 2. This permit is subject to the following terms and conditions: 2.1 Submit to the Building Department a larger scale of the plumbing plan. 2.2 Zoning Certificate and Certificate of Occupancy are required prior to operation. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BRUCE A BENOIT dba BARISTAS ESPRESSO - I MAR 12 '99 11:52 PAGE.14 P.14 MaY'-1Z-99 14:32 2.3 The use shall not adversely impact surrounding properties due to traffic and other activities. 2.4- Except for signage as shown on the building no signage has been proposed, and none is approved with this application. 2.5 Violation of any of the above conditions shall be cause to revoke a zoning certificate. The Conditional Use Permit shall be subject to review upon notice to the applicant. 2.6 That all prohibited and non-compliant signs currently on the site be removed before the issuance of any certificate of compliance and prior to any occupancy of the facility. 3. This order shall be automatically amended for the description of said Parcel at such time as the approval and recording of the final plat of Seabury Subdivision, 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. 1999. By action of the City Council at its regular meeting held on the 2nd of March, By: ROBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated: City Clerk msq/DAMyFilesWaridian City Fiie\benoit cupl0rder.wpd ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BRUCE A BENOIT dba BARISTAS ESPRESSO - 2 MAR 12 '99 11:53 PAGE.15 P-15 ! 94, MERIDIAN CITY COUNCIL MEETING: MARCH 16, 1999 APPLICANT: BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO AGENDA ITEM NUMBER: 4 REQUEST: CONDITIONAL USE PERMIT FOR DRIVE THROUGH KIOSK AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 3/2/99 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 FINDINGS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. `315 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE- 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 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 • 0 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(B)(11). 7. The proposed application requests a conditional use permit 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. 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 0 • 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 Iproposed 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 0 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 0 0 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; f. 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 0 ! 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 0 0 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 T-7 COUNCILMAN BENTLEY VOTED 1 7 r - COUNCILMAN BIRD VOTED or 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 Clerk ,'! p msg/ZAWork\M\Meridian 15360%benoit cup\CUP.FCS.wpd s�� S Y BL % , 7 Da "fir w RECEIVED MAR 1 6 1999 CITY OF MERIDIAN 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 t BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) CONDITIONAL USE PERMIT FOR A DRIVE- ) 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 - MERIDIAN PLANOG 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 NOA: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DRIVE-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 PLANA 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 a pre -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 PLANNA 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 PLANNO 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 a drive-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 outsitting 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 Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD f .. 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 (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 MEMORANDUM:" February 5, J999 ,.... w r . F]ECE'� To: Planning & Ztiiiig Commission/Mayor&'Council ,� -- It FEB - 5 1999 From: Bruce Freckleton, Assistant to City Engineer CITY OF MERIDIAN Re: REQUEST FOR CONDITIONAL USE PERMIT for a drive-thru kiosk in the parking lot of Intermountain Outdoor Sports by Bruce A.'Benoit DB/A Bi ristas Espresso I have` reviewed this submittal' and 'offer the following;co'mmerits as conditions of.:the application. These conditions ''shall be' considered -in full, •bA gs ' expressly modified or deleted by motion of thc-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. Baris4as.CUP.doc Meridian City Council March 2, 1999 Page 10 Corrie: Shari, any comments? Stiles: Mr. Mayor and Council this was tabled last time because the applicant hadn't had an opportunity to review our comments and respond, which they have now done and also it was the issue of vacation of right of way and that's being handled through Ada County Highway District through an exchange in lieu of a vacation. He's addressed all of our concerns. Corrie: Mr. Gigray, I haven't forgot you. I just made you second this time. Gigray: Mr. Mayor and members of the Council, in this instance we haven't gotten to – in the final plat we would just prepare the order based on whatever action the City Council would take and the only matter I would think you may want to clarify with the staff is whether or not there are any changes or additions or deletions of their recommendations submitted to the City Council for plat approval of I believe it's their letter of February 24, 1999. Corrie: Ms. Stiles. Stiles: I have no additions. Corrie: I'll entertain a motion for the final plat of Whitestone Estates No. 3. Rountree: Mr. Mayor I move that we approve the final plat for Whitestone Estates No. 3 Subdivision with including'the conditions of staff. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the final plat with conditions of staff. Any further comment? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO — 1375 E. FAIRVIEW: Corrie: At this time I will open the public hearing and invite comments from staff. Stiles: Mr. Mayor and Council, this was not really required to have an additional public hearing, but since it's been noticed I guess we would go ahead with the public hearing. 67 - Meridian City Council March 2, 1999 Page 11 Ll It's for an espresso kiosk in front of the Intermountain Outdoor Sports building. As far as the recommendation on page 3, item 1.4 1 would add to beginning except for signage as shown on building, no signage is approved with this application, and also under 1.6 to strike that as our code enforcement officer has been hopefully successful in getting the emissions van to take down their illegal sign. So we'll just keep working with them and make sure that they all comply with the sign ordinance. Smith: Mr. Mayor and Council, I just have one question that I would like the applicant to address if they're here this evening. The matter of the water that is supplied to the fresh water tank within the small building and the gray water I believe it's referred to that's withdrawn from the holding tank, I'm curious as to where the water comes from and where the water goes after it's removed. Corrie: Any other staff comments? This is a public hearing I'll invite the representative first. BRUCE BENOIT Benoit: I'm Bruce Benoit. I'm the owner of the establishment and to answer your question the water comes from approve city sources. We currently have one in Boise. It comes from the United Water and probably would be.the same source for here since we have the same delivery system for all of them and the gray water is hauled to approved sewer dumps. It doesn't go to parking lots. It doesn't go to storm drains. It goes into sanitary sewers and it's hauled away in a storage system that we have, pumps it out the tank and disposed of properly. Corrie: Did that answer your question, 'Mr. Smith? Smith: Yes, Mr. Mayor. Those would both be city systems then. The water from the city system, the sewer to a city dump? Benoit: Yes, correct. Some of them like for instance one of the places actually goes to a — we're dumping it into a car wash drain that's a car wash sump that's part of the city sewer system. It doesn't go to the storm drain system at all. Corrie: Do you need some clarification of what he's talking about or anything? Smith: No, I just — there was a question about sewer assessments and water assessments and I was just curious as to where these were coming from and where they were going. Bird: Mr. Mayor I got a question for the applicant. Have you looked at the recommendations from the Planning and Zoning Commission and agree with those? 40 Meridian City Council March 2, 1999 Page 12 Benoit: Yes. Bird: Okay. Corrie: Thank you. Any further questions? Hearing none, anyone else wish to issue testimony in this hearing? Okay. The Council have other questions or discussion at this time? Rountree: I have none. Bird: I have none. Corrie: Okay I'll entertain a motion to close the public hearing. Rountree: I move that we close the public hearing on the conditional use permit for the kiosk in the parking lot of Intermountain Outdoor Sports. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to close the public hearing on item number eight. Any further discussion? Hearing none, ail those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the request for conditional use permit item number eight. Rountree: Mr. Mayor I move that we approve the conditional use permit request for the kiosk with the appropriate changes made on page 3 of the recommendations from Planning and Zoning Commission that would allow signage on the building as shown and that — that's the only change in the recommendation. Bird: (Inaudible) Bentley: 1.6 needs to be stricken. Bird: Yeah. Rountree: She may want to remove it, but I'm not going to. Meridian City Council March 2, 1999 Page 13 Bird: I'm not either. I'm not voting for it. Don't we have to have Findings of Fact and Conclusions of Law and Decision and Order on this? Isn't that part of the — wouldn't that be part of your motion Charlie? Rountree: Mr. Mayor I will withdraw my motion. Mr. Mayor clarification with the Counsel. Did Planning and Zoning grant the conditional use permit? Gigray: Mr. Mayor and members of the Council, if it's agreeable with Councilman Rountree that I respond to that question. They have prepared recommendations because the final authority under your ordinance for conditional use permits lies with the City Council, so that's why it comes to you in the form of a recommendation rather than Findings of Fact because it's a conditional use permit and it comes under the quasi judicial matters under the land use planning act we have to prepare Findings of Fact and Conclusions of Law and Decision and Order in accordance with your directive this evening which we would bring back to you at the next Council meeting for your consideration and adoption. But the recommendations provide you with some of the conditions that you might direct that I include in those findings. Rountree: Thank you. Mr. Mayor I move that we have legal counsel prepare Findings of Fact and Conclusions of Law including the recommendations as conditions in that finding with the modification of the item on page 3 as it relates to signage and that we indicate an affirmative in the Findings of Facts as far as acceptance of the conditional use permit. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird, discussion? Bentley: I have a question. On your reference to the changes made on page 3, are we going to include the second change or not? Rountree: I'm not. I'm just as it relates to the signage on the building. Bentley: Okay, thank you. Corrie: Any further discussion? All in favor of the motion as stated with the change in 1.4 adding the word on the building after the no signage has been proposed on the building. Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 9. WATER / SEWER / TRASH DELINQUENCIES: 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 A DRIVE-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 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 ) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRBE A Good Place to Live LEGAL DEPARTMENT (2 08) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83 C (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208)E813 PLANNING AND ZONING KEITH BIRD JAN 0 8 1999 DEPARTMENT (208) 884-5533 City of Meridian City Clerk Office 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 A DRIVE-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 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 ) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members 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 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)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 A DRIVE-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 �EcEr�� '1A N 1 t 1999 CITY OF 3E'RII)LO 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: ' _ / ~ !/ q /Zi[.er: � �✓ FrKG �� C � tits t�c>.� � Mayor HUB OF TREASURE VALLEY ROBERT D. CO R A Good Place to Live 3 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 LEGAL DEPARTMENT (208) 88.1-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 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 A DRIVE-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 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z 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 GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT iPOLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER !CITY PLANNER _CITY FILES � (-�1VFf 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(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION). YOUR CONCISE REMARKS: dmg.4c&5 W?&r;at?n sa�e��t T� Wates supe J1-'�".�+ CEI`T E� JAN 111999 CITY" OF MERIDIAN City of Meridian" 33 East Idaho J01.2 q 1999 _-,I - Meridian, ID 83642 _ City of Meridian ._City Clerk !Office Re: -: MCUP98-104- 1375-E. Fairview: The Ada County Highway District (ACHD) staff has received and reviewed the application- and site planfor the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission's tis 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 Seiv ces procedures and -all applicable ACHD Ordinances{ unless`specifically wa'ivedF in writing by the District. - Contact Ms. Joyce Newton for payment of possible road impact fees prior to�building �t construction,in accordance with 'Ordinance'#188, also known as'Ad'a County Highway ?} District Road'Impact Fee Ordinance. t _ If you have anyquestions please feel free to call me at 387-6170. Sincerely, Steve Arnold`, Development Analyst cc: Project file C - OGL�'L ry t Sherry R. Huber, President 318 East 37th Street t � Judy Peavey -Derr,- Vice President Garden City; Idaho 83714-6499 Cay,. .Marly'ss.Meyer Routson, Secretary"_Phone (208).387-6100 s. t Dave Bivens, .Commissioner Fax (208) 387-6391 ''Susan`s. Eastlake, Commissioner- - w e-mail: tellus@achd:ada:id.us ? " a �:-_ *-.,...A:-.. •- .� 27, 1999 _.. . �.. n ._ w.. ,fJanuary r 7f City of Meridian" 33 East Idaho J01.2 q 1999 _-,I - Meridian, ID 83642 _ City of Meridian ._City Clerk !Office Re: -: MCUP98-104- 1375-E. Fairview: The Ada County Highway District (ACHD) staff has received and reviewed the application- and site planfor the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission's tis 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 Seiv ces procedures and -all applicable ACHD Ordinances{ unless`specifically wa'ivedF in writing by the District. - Contact Ms. Joyce Newton for payment of possible road impact fees prior to�building �t construction,in accordance with 'Ordinance'#188, also known as'Ad'a County Highway ?} District Road'Impact Fee Ordinance. t _ If you have anyquestions please feel free to call me at 387-6170. Sincerely, Steve Arnold`, Development Analyst i cc: Project file C - ry t x_ _. i BRUCE•BENOIT —1375 E. FAIRVIEW AVE PROPERTY OWNERS WITHIN 300' WHITMIRE BILLY J 1385 E CAROL MERIDIAN ID 83642 DEALY MARK J & DEALY GAIL M 1445 E CAROL ST MERIDIAN ID 83642 BATES KEVIN D & BATES LILA L 1515 S CAROL ST MERIDIAN ID 83642-1840 MANSAYON ADRIAN C & MANSAYON CHERI L 1555 S CAROL ST MERIDIAN ID 83642-1840 MICHELS STEVE P & MARY E AND MICHELS GLENN E & VIDA 1630 PARADISE LN MERIDIAN ID 83642-5528 E CAROL ST 1330 E FAIRVIEW AVE IDAHO ATHLETIC CLUB INC 1450 E FAIRVIEW AVE MERIDIAN ID 83642-1819 WARDLE JOHN A & WARDLE CHERYL 8995 W CHINDEN BLVD MERIDIAN ID 83642-5029 1510 E FAIRVIEW AVE BARRUS BRENT & LUANA B 5720 W OVERLAND RD MERIDIAN ID 83642-6472 1550 E FAIRVIEW AVE W t1.4a7: x`35, 07 SWEENEY HARROLD & NAOMI TRUST LEE GRANT N & JOYCE M PO BOX 7692 BOISE ID 83707-1692 1265 E FAIRVIEW AVE IDAHO RENTAL COMPANY 1375 E FAIRVIEW AVE 83642 1375 E FAIRVIEW AVE BARGER RUSSELL S 1372 W KIMRA ST MERIDIAN ID 83642-2425 1515 E FAIRVIEW AVE DANBURY,FAIR HOME OWNERS ASSOC 1523 E BOISE AVE BOISE ID 83706-5064 BROWN GROVER W & BROWN SUSAN J 1578 N PENRITH PL MERIDIAN ID 83642-4023 BROWNKGROW & BRO1578D2-4023 KELLOGG SHIRLEY 1556 N PENRITH PL MERIDIAN ID 83642 1556 N PENRITH PL DANBURY FAIR HOMEOWNER'S ASSOCIATION INC BAKER DENNIS M 250 S BEECHWOOD #120 BOISE ID 83709 N STONEHENGE WAY B W INC 250 S BEECHWOOD SUITE #120 BOISE ID 83709 1315 N LOCUST GROVE RD E FAIRVIEW AVE LEIGHTON GREGORY M AND AMBERG VERONICA L 1544 N PENRITH PL MERIDIAN ID 83642 bract Behoi t go? Bacon D r. goi 5-e , I D . S3l YZ T • SECRETARY OF VETERANS AFFAIRS WASHINGTON DC 155 VAN GORDON ST P O BOX 25126 DENVER CO 80225 1522 N PENRITH PL PETRUTIU VASILE & REBECCA L 1129E DEL RIO DR TEMPE AZ 85282-3916 w N ADKINS LANE FRISCH CHRISTOPHER K 1506 N PENRITH PL MERIDIAN ID 83642 • .. FES 2 21999 City of 'Leridian p City Clerk off ice r 4 BEFORE THE•PLANNING'AND ZONING COMMISSION m IN THE MATTER OF .THE ) REQUEST FOR`CONDITIONAL ) Case No. CUP -98-104 USE PERMIT FOR A DRIVE- ) THRU KIOSK IN THE PARKING ) RECOMMENDATION TO CITY LOT OF INTERMOUNTAIN ) COUNCIL OUTDOOR SPORTS 4 ) BRUCE A. BENOIT dba ) BARISTAS ESPRESSO, ) Applicant )" INTRODUCTION } 1: The property is the"Intermountain Outdoor Sports Center locate&at 1375 E Fairview Ave., Meridian, Idaho. 2. Owner of record of the subject property is Gerry. Sweet of 1375 E. Fairview Ave., Meridian, Idaho. 3. The Applicant is Bruce A. Benoit dba Baristas Espresso of 802 Bacon Drive, Boise, Idaho. 4. .The subject pfoperty'is currently zoned (C-G),General Retail and y Service Commercial. The zoning of the General Retail and Service Commercial (C- J RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT - DRIVE THRU IUOSK fi INTERMOUNTAIN OUTDOOR SPORTS a • f - G) is defined within the City of Meridian Zoning and Development Ordinance, Section. l 1-2-408(B) (11) 4 - 5. The proposed application requests a conditional use permit for the installation of a steel -constructed, factory -built, 8'x S',(64 sq.ft.) self-contained, drive- <, a ' thru kiosk forthepurpose 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 . K 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 Citv Zoning and Development Ord., Section 1V1 -2-418(E)). e RECOMMENDATION TO' CITY COUNCIL - 2 „ CONDITIONAL USE PERMIT - DRIVE THRU IUOSK INTERMOUNTAIN OUTDOOR,SPORTS �. l F 4 F F C e A RECOMMENDATION 1. The'Meridian Planning and Zbning 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, S, bject to the following:, P Adopt the Planning'and Zoning Administrator and Assistant City Engineer Recommendations as follows: } Y k. 1.1" Submit to the -Building Department a larger scale of the plumbing plan. t 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. ms 1.4 No signage has been proposed-, and none is approved with this r application. Y 1.5 Violation of any of the above conditions shall because to revoke a zoning certificate. The Conditional Use Permit shall be subject to review upon notice to the applicant. The Planning`and Zoning Commission further advises: a{- 1'.6 That all prohibited, and non-compliant signs currently on the site be $ removed before the ,issuance of any certificate of compliance'and prior to any;occupancy of the i facility. nz ZAWork\N4\ Ieridian 15360KIritermountain Sports\KioskCup.Rec RECOMMENDATION TO 'CITY COUNCIL - 3 CONDITIONAL USE PERMIT - DRIVE THRU KIOSK " INTERMOUNTAIN OUTDOOR SPORTS, 0 1 MERIDIAN PLANNING AND ZONING MEETING: FEBRUARY 9 1999 APPLICANT: BRUCE A. BENOIT D/B/A SARISTAS ESPRESSO ITEM NUMBER: 4 REQUEST: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: C. CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: AAJ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED S�� f OTHER: All Materials presented at public meetings shall become property of the City of M71J6 in • 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: SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED REVIEWED REVIEWED SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: G l IDAHO POWER: rIT I US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian a "7// Wm. F msg/D:\MyFiles\Meridian City File\benoit cup\C1erkFFLtr030899.wpd s 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. City Cleric 33 East Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com March 8, 1998 Re: BRUCE A. BENOIT REQUEST (CUP -98-104) Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE REcErvED MAR 12 1999 CITY OF MERIDIAN Enclosure: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT. Information: I have prepared the enclosures as a result of the City Council's action on the 2nd of March. Requested Action: These documents are for approval and signature by the Mayor and Council. Please serve a copy of these documents, along with the Notice of Final Action, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning. If you have any question's, please give mea call. Very Wm. truly y rs, F. i y, I msg/D:\MyFiles\Meridian City File\benoit cup\ClerkFFLtr030899.wpd 06 "HUB OF�TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live �. oun ril Members 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 CERTIFICATE OF SERVICE LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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. Copy: Shari Stiles, Planning and Zoning Gary Smith, Pudic Works ,�� • MEN,- / �• f 'Of ,J�< SEAL ®" 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 February 9, 1999 for the purpose of reviewing and considering the application of Bruce A. Benoit d/b/a Baristas Espresso for a conditional use permit for a drive-thru kiosk in the parking lot of Intermountain Outdoor Sports, which is generally located at 1375 E. Fairview. A more particular 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 12th day of January, 1999. PUBLISH, January 20 & February 3, 1999. WILLIAM G. BERG, JR., CI C ERK of: %EAL ri r /$�J YY W A ��1 CD � v, —NWA U N 3AV AH1d0 N� m Y LN ' 1 -! _ m OD cy, CP Pit U O m Z3N 'N a N N y .:� W .' •y 0 A Lp CREEK AVE. _ j cn N SH<EVEPORT AVE. 1 0 ""' Qrn " ESTLEY �f \Z i Lur i N LIN A v E rn ` =rn N — S _ \ 'z _ _ • f� / ' w `efV I L - I\_ iii � PENRITH c N. SHIRE AVE. S— M O, A w N m ro O O µ. �� i ♦�♦ - v T ldr N. PENRITH AVE. �� ��.�► A At U Of 4�. m — — � ..� i I A m '�•►♦ cn I Z N O cr) 1,GRIVNER N $GRINNER A I �u m VIE 1