HomeMy WebLinkAboutMoxie Java CUPHUB OF TREASURE VALLEY
Mayor A Good Place to Live
ROBERT D. CORRIE
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 & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998
TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998_.
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
BY: TODD MASON d/b/a MOXIE JAVA
LOCATION OF PROPERTY OR PROJECT: 106 E. WILLIAMS
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
YOUR CONCISE REMARKS:
0 •
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 October 13, 1998, for the purpose of
reviewing and considering the application of Todd Mason d/b/a Moxie Java for a
conditional use permit for tables and chairs outside seating which is generally located at
106 E. Williams.
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 15th day of September, 1998.
WILLIAM G. BERG, JR.,XITT CLERK
PUBLISH September 23 and October 7, 1998.
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CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
ADDRESS:, o-4
GENERAL LOCATION: !z "h
DESCRIPTION OF PROPOSED CONDITIONAL USE:
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ZONING CLASSIFICATION: �7'e k_'L e
I certify that the information contained herein is true and correct.
Signature of Applicant
Social Security Number -57c,3-8 8- 6
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
SUBDIVISION, BLOCK , LOT
TO
for
CONTENTS OF CONDITIONAL USE APPLICATION
1. TJBJ, INC. 1800 N. LOCUST GROVE #E. MERIDIAN, IDAHO 83642 887-6950
2. JERRY MOORE 4419 VERMILLION BOISE, ID 83704 323-0457
3. LOT 13 EXCEPT WEST 10 FT., ALL OF LOT 14, & THE WEST 7 FT. OF LOT 15
IN BLOCK 2 OF WILLIAMS ADDITION TO MERIDIAN
4. WARRANTY DEED & NOTORIZED CONSENT OF PROPERTY OWNER (SEE
ATTACHED)
5. ALBERTO GORDO'S - FAST FOOD RESTAURANT
6. MOXIE JAVA - DRIVE-THRU ESPRESSO
7. SAME AS ABOVE
8. OLD TOWN
9. 30 COPIES OF VICINITY MAP ( SEE ATTACHED)
10. 35 COPIES OF PLANS, ELEVATION & LIST OF CONSTRUCTION
MATERIALS FOR ALL BUILDINGS (SEE ATTACHED).
11. A LIST OF MAILING ADDRESSES OF ALL PROPERTY OWNERS WITHIN
THREE HUNDRED FEET OF EXTERNAL BOUNDARIES OF THE LAND. (SEE
ATTACHED).
12. MAIN ROAD ACCESS, CURB APPEAL
13. FEE ESTABLISHED BY THE COUNCIL (SEE ATTACHED)
14. A STATEMENT THAT THE APPLICANT OR USER OF THE PROPERTY
AGREES TO PAY ANY ADDITIONAL SEWER, WATER OR TRASH FEES OR
CHARGES, IF ANY, ASSOCIATED WITH THE USE, WHETHER THAT USE BE
RESIDENTIAL, COMMERCIAL OR INDUSTRIAL. (SEE ATTACHED)
15. APPLICATION VERIFIED BY THE APPLICANT ( SEE ATTACHED)
16. STATEMENT OF POSTING FOR CONDITIONAL USE PERMIT (SEE
ATTACHED).
•
VERIFICATION
State of Idaho ]
SS.
County of Ada j
Jerry A. Moore, being first duly sworn, deposes and says:
0
He is the owner of the property at 108 E. Williams, Meridian, Idaho 8381"9. LJBJ, Inc., (Todd J. and
Barbara J. Mason), have the right and my approval to use the property in whichever manner they deem most
economically beneficial.
JERRY .. _RE
SUBSCRIBED and SWORN to before me this � day of September'A 1998.
lotary Public for Idaho
Resident at Boise, Idaho
My commission expires: //-,6 -n
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STATEMENT
I, "Q, , AM THE APPLICANT AND USER OF THE
PROPERTY LOCATED AT 106 WILLIAMS MERIDIAN, IDAHO 83642. I AGREE
TO PAY ANY ADDITIONAL SEWER, WATER OR TRASH FEES OR CHARGES, IF ANY,
ASSOCIATED WITH THE USE, WHETHER THAT USE BE RESIDENTIAL,
COMMERCIAL OR INDUSTRIAL.
SIGNATURE OF APPLICANT
DATE
pwl4 o
�ttoc�ta�ta�u��� rau�W37258
QUITCLAIM DEED
vR VALUE RECEIVED
Chester 0. Moore and Betty G. Moore, husband and wife
cj du hereby convey, release, remise and forever quit claim %^
unto Jerry A. Moore and Cynthia B. Moore, husband and wife
Ito whose addreas is 1098 Eagle Hill Way, Eagle, Idaho 83616
the following described premises, to -wit:
Lot 13 EXCEPT the West 10 feet, ALL of Lot 14, and the West 7 feet of Lot
15 in Block 2 of WILLIAMS ADDITICN TO MERIDIAN, according
to the platnty, Idaho.
thereof, filed in Book 3 of Plats it page 127,records
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tggetlrer w th their appurtenances. S
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Dated: Jul '121 I;dS
ACKVOq'LEI)O.%,FN'I'-Individual STATE OF IDAHO, COUNTY
II hereby certify that this instrument was riled for record
y/4 _ _ Ks at the roque+t of PIONEER TITLE CO.
STATE OFLIL__, Cuunty of
// at .�i-S minutes aat o'clock
Onthis ._dayof / in this / ✓ day of 4: S'
the year y� , before me P ✓ (�------- t9�, , 1n my office, nd duly recorded inJ� C
nary public, of Deeds at pat•
p'rsfnau s aem
`r� JOHN BASTtDA
Ex -Officio Recorder
identified to me w be the persor. % whawe named
c
subscribed to the within instrument, and ackno•s'IedRed to , k-
me that -the�_ executed the same. BY
� Ifl
Notary Public: _ -- �1 Feest-
Reai�linK at: --- -- Mail
I�PIONEER 11T1E COMPANY �—
J� OF ADA COUNTY
a21 w State St y- �
Boase,:daho 83702 2083366/0O C
Representing Ticor Title Insurance C.,mpany {
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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 December 8, 1998, for the purpose of
reviewing and considering the application of Todd Mason d/b/a Moxie Java for a
conditional use permit for tables and chairs outside seating which is generally located at
106 E. Williams.
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 16th day of November, 1998.
AIAM . BERG, JR., LERK
PUBLISH November 18 and December 2, 1998.
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Production Center Serving...
Ada, Canyon, Boise, Owyhee
P�LLL&,NCE
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Trite f'roductlon Center Site 200 G. Carlton, Suite 10
Meridian, 10 83642
FACS1M11,K CO VE'll TAGK
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Company
Phone:
Fax 11.
CC:
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208-888-7859
Remarks_ Urgent 1,61wReview Reply ASAP please
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1 C yoti slloul.l hary any hroblclus iccciviga tris rax, please call (208) 888.3150 oe'
1-SS8-$ S- 1853. f )►�i fncsinlilc pFtcljjc munllne is (208) 888-6414
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part), to whom it is addressed. 11' (fit!tt';u1sr11issic)r) appears to 1)e inco�npete
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AUG -25-1998 TUE 04:21 PM FAX N0. P. 03/14
John P. Connolly $933445
Connolly z Smyser, Chartered
South 5th
Boise, Idaho 83702
Attorney for Defendant
Jerry Moore I
COPY
FILED
APR 241969
JOHN 6ASTIDA. CWk
ft ft"Y JACOBSON
Doan
IN THE DISTRICT COURT FOR THE FOURTH JUDICIAL DISTRICT
STATE OF IDAHO, IN AND FOR THE --OUNTY OF ADA
CYNTHIA D. MOORE
Plaintiff, ) Case No. 7834-0
STIPULATION IN RE
` V5. PROPERTY DIVISION
JERRY A. MOORE �
Defendant.
)
CONN NOW, the parties to the above captioned action and
stipulate as follows%
1. That the plaintiff may be awarded as her sole and
separate property all of the property set forth on Exhibit
"A" attached hereto and by reference made a part hereof;
2. That the Defendant may be awarded as his sole and
separate property all of the property gat forth on Exhibit
attached hereto and by reference made a part heroof;
3. That the Plaintiff assume and pay all existing
community debt associated with any property being awarded to
her on Exhibit "A" which by this reference is incorporated
0�
STIPULATION IN RE PROPERTY DIVISION --1
J
AUG -25-1998 TUE 04:21 PM
FAX N0. P. 04/14
M.
herein as ft amt forth in +;I ; full and that the Defendant assume
'
and pay all community debt associated with the property being
axarded to his on Exhibit "H" which by this reference is
incorporated herein as if set forth in full. The debts
heretofore evidenced at the trial of this action which
plaintiff assumes are listed on Exhibit "c" which by this
reference is incorporated herein as if set forth in full.
The debts heretofore evidenced at the time of this action
which Defendant assumes are listed on Exhibit "D" Which by
this reference is incorporated herein as if set forth in
lull.
4. That the accrued past due, and current ineoum tax
debt of the parties be divided between them on a fifty-fifty
basis. That each party therefore will owe the Internal
Revenue Service approximately $23,869.90, plus interest and
penalties and adjustments mandated by the Internal Revenue
Service through audit or otherwise.
S. Each of the parties shall pay any debt incurred by
either of them since the separation on December 1, 1988, and
the Defendant promises and agrees to pay the $486.14 in trade
accounts payable on the apartment building being awarded to
ham, and the remaining $6,042.63 debt due Chester 0. Moore
for the purchase of Chester 0. Moore's interest in the
Riptide apartment building in Seattle, Washington.
6. To equalize the division of community property, the
Defendant shall pay to the plaintiff the sum of $5,979.32,
STIPULATION IN RE PROPERTY DIVISION --2
AUG -25-1998 TUE 04:21 PM
FAX N0.
together with interest thereon 'at the rete of 8-1/2t per
•annum troth hps11,16j,1989'.-At the rate of $14?.38 per month.
7. It is acknowledged by the pasties that the title to
the warehouse bung awarded to the Wife is in both the
Defendant's and his parent's name, and the Defendant promises
and .agrees to execute a Quitclaim Deed in favor of the
plaintiff to all right, title and interest that Jerry A.
Moore has in and to the warehouse property. The Defendant
shall execute a Quitclaim Deed in Plaintiff's favor for the
community residence and the lot in Arizona. The Defendant
further promises and agrees to executs an assignment of the
lease on the Westside Drive -In property in favor of the
Plaintiff. The parties furthermore understand that
$27,980.25 will be owed by plaintiff to Chester o. Moore to
buy out Chester O. Moore's remaining interest in the ware-
house land plus building and the Westside Drive -In business.
It is agreed that Chester O. Moore shall not be asked to deed
his interest to plaintiff until such time as all principal
plus interest is paid. It Plaintiff so desires, an escrow
can be established at hes sole expense to hold the Deeds from
Chestes O. MOOre and receive all payments fro* plaintiff.
The Defendant other+rise promises and Agrees to execute
whatever other Instruments are necessary to carry into effect
the transfers of property being mads under this Agreement.
A. The Plaintiff promises and agrees to executs all
ir.strurente necessary to transfer her interert in and to the
STIPUZATION IN its PROPERTY DIVISION --3
I
P. 05/14
AUG -25-1998 TUE 04;22 PM
h
FAX N0.
propertiep being set over to the Defendant under the terms
and conditions of this Agreement, including a Quitclaim Deed
for her interest in 3ethros, the apartment building, the lot
in Arizona, the ,Viking Drive -In and assigning all of the
Plaintiff's rights as lessor in and to the Alberto Cordo
lease.
9. The parties agree that each shall be entitled to
the control and possession of the property being awarded to
him or her on or before the 16th day of April, 1969.
10. If either of the parties initiates a legal action
to enforce. any of the torms of this Agteement, the prevailing
�i party shall be entitled to be awarded onable
�attorney's fees incurred.
CLS , COSH, P.A.
g .4
_
+ y LOUIS H. COSHO
Attorney for plaintiff
APP OVED:
CYNT IA e. MOORS, Plaintiff
Dated:
CONNOLLY i SMYSER, CHARTERED
BY t.
'JOHNS P• CONNOL"
J£R ,i. Mo E, fendant
oatel: Ll 1
STIPULATION IN RE PROPERTY DIVISION --a
P. 06/14
AUG -25-1998 TUE 04:22 PM
FAX N0.
< +
2=
IT I8 80 ORDERED This day of April, 1989.
JOHN t: VEHtOW 2
CATN&UGLZ
Magistrate Judge
P. 07/14
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STIPULATION IN RE PROPERTY DIVISION—$
AUG -25-1998 TUE 04:22 PM FAX N0.
0
EXHIBIT "AM
1. All right, title and interest of the parties in and
to the business known as WESTSIDE DRIVE-IN, which consists of
a drive-in restaWrant building, a warehouse building, stock
in trade, it leasehold, and real property, which leasehold and
property are more particularly described as follows, to wit:
Lot 7, Block 2, Fairview Addition, according to the
plat thereof, filed in Book 2 of Plats at page 73,
records of Ada County, Idaho;
Fairview
Addition, &c ordings to the Pla and at block i
t thereoY filed lin
Book 2 of plats at Page 73, records of Ada County,
Idaho
The foregoing property is otherwise described as 1929
west State Street, Boise, Idaho, 83702.
All right, title and interest of the parties in and
to the following described real property, to wit:
(1) lot 19, Block 4, Eagle Hills West
Subdivision No. 3, Ada county, Idaho, subject to
the sncrabrance thereon, and otherwise described as
1098 Eayle Hills, Eagle, Idaho 83616;
3. Household goods, furnishings and belongings situate
in the ragle Hills Property described above;
4. 1978 Chevrolet lova automobile;
S. 1979 Luv pickup;
G. All right, title and interest in and to $10,05s.88
of cash valve in the life insurance policy on the llte of
Jerry Moore and half the cash value of the life insurance of
the children of the parties. All right, title and interest
EXHIBIT "A" TO STIPULATION IN RE PROPERTY DIVISION --1
P. 08/14
AUG -25-1998 TUE 04:23 PM
FAX N0. P. 09/14
in and to the life insurance policy on the life of Cynthia
1
Moore;
7. All right, title and interest of the parties in and
to the IRA account standing in the name of the Husband; this
IRA account shall be rolled over into an IRA account in the
name of Cynthia Moore so that Defendant incurs no tax
liability for the transfer;
8. Cash in the amount of $1,507.69;
9. An undivided one-half interest in and to the eq--ty
of the parties in and to the Ridden Paradise Ranch property;
10. All right, title and interest of the parties in and
to;
Lot 3, Block A, Toltec/Arizona Valley Unit Twenty -
Your, according to the Plat of record in the office
of the Recorder of Pinal County, Arizona, in Book
13 of Maps, Page9 24 and 251
EXHISIT "A" TO STIPULATION iN RE PROPERTY DIVISION --2
AUG -25-1998 TUE 04:23 PM FAX N0. P. 10/14
0 0
EXHIBIT "B"
1. MI. right, title and interest of the parties in and
to that certain business and property known an VIKING DRIVE-
IN, including but not limited to, the buildings, cash
registers, land and stock in trade. The real property in 1
this connection is described as fo110ws:
Tract a, Block 1, Arlington Addition, Ada County,
�I
Idaho, subject to the encumbrance thereont
The foregoing property is otherwise described as 3790 west
State street, Boise, Idaho.
2. All right, title and interest of the parties in and
to the restaurant currently known as Alberto Gordo's,
including but not limited to, buildings, land and leasehold
interests:
Lot 13, except the West 10 feet; all of Lot 14, and
the West 7 foot of Lot is, Slack 2, Williams
Addition to Meridian, according to the Plat thereof
recorded in Book Z of Plats at page 127, record of
Ada County, Idaho, together with appurtenances
thereto and subject to the encumbrance thereon;
The foregoing property is otherwise described as 1062
Williams, !Meridian, Idaho.
3. All right, title and interest of the parties in and
to the ay:.rtment building described as follows;
(1) A parcel of land in Lots 1 and 2 of LAKE
vIEH SUBDIVISION, according to the official plat
' thereof, filed in Book 1 of Plats at Page 39,
0fyicial Record, Ada County, Idaho, in the South -
o" fit quarter of the southwest quarter of section 9,
Tr•:rship 3 north, Range 2 East, Boise Keridian,
r..jre particularly described as follows:
EXHIBIT "B" TO STIPULATION IN RE PROPERTY DIVISION --I
AUG -25-1998 TUE 04:23 PM FAX N0. P. 11/14
1 0
Beginning at the Northwest corner of the Southeast
quarter of the Southwest Quarter said Section
9, said corner being the intersection of
Morris Hill Road and Latah Street; thence
along the ranterline of Morris Hill Road
North 89.12147" East 392.26 feet; thence
South 00'28401" East 30.0 feet to a point on the
South right of way line of Morris Hill Road,
the REAL POINT OF BEGINNINGt thence
South 0.28001" East 499.09 feet to the North line
of property conveyed to JOHN L. MANGUM and
WILDA E. MANGUM by Warranty Deed recorded as
Instrument No. 7505588, Official Records;
thence
North 89.29140" East along said North line 104.6
feet; thence
North 0'22105" East 164.52; thence
North 0.43.16" East 63.0 feet; thence
North 0.25123" Est 269.11 feet; thence
North 69'12147" West 112.07 feet to the REAL POINT
OF BEGINNING, subject to encumbrance thereof;
'rhe foregoing property is otherwise described as 160 North
Pacific, Boise, Idaho.
i
4. All right, title and interest of the parties in and
to the following described property, to wit:
Lot 2, block I, Toltec/Arizona Valley Unit
Eight according to the Plat thereof in the office
of the Final County Recorder, Final County,
Arizona, in Hook 11 of Maps, Page 17:
S. An undivided one-half interest in and to the Hidden
Paradise Ranch;
6. Office computer, adding machine;
7. 1989 Pontiac Grand Prix;
1 s. one-half ch1ldren0s life insurance values: ti
{ 9. Computer (Agra Trading)11
10. 1988 Mazda pickup;
11. 1983 Honda 45 motorcycles
12. Snowmobile trailers
£XHIBrT "B" TO STIPULATION IN RE PROPERTY DIVISION --2
M
AUG -25-1998 TUE 04:24 PM
FAX N0. P. 12/14
0 0
13. One-half CPA account;
14. Ono -half cash in the apartment building bank
account.
15. All rigtlt, title and interest in the life insurance
policy insuring the life of Jerry A. Moore exceeding the
$10,055.64 in cash value granted to the Plaintiff.
EXHISIT "8" TO sTIPVUITION IN RE PROPERTY DIVISION --3
AUG -25-1998 TUE 04:24 PM
FAX N0.
KXHTNXT "L.a
aintiff an
S 3,981.61 Westside Drive -In
5,912.42 Westside DXiVe-In trade accounts payable
13,998.54 Warehouse, land and building
13,189.42 Warehouse trade accounts payable
13,750.00 One-half Hidden Paradise Ranch
52,927.51 Personal residence
691.61 one -halt of unpaid household bills
12,264.00 One-half of Internal Revenue service
3,072.$0 one-half of estimated unpaid 1987 tax
8,513.50 one-half of estimated unpaid 1988 tax
EXRIBIT "C" TO STIPULATION IN RE PROPLATY DIVISION --1
P. 13/14
AUG -25-1998 TUE 04:24 PM
FAX
`. 0
FXHiBIT. OD"
�� to b ass meg by natend nt as
A ad at trial on March 1._1989
$29►225.95 Viking Drive -In land and building
8,868.92 Cash registers
$,582.98 Viking Drive-in trade accounts payable
16,029.87 Jethro's land and building
64,662.91 Apartment land and building
486.14 Trade accounts payable for apartments
13,750.00 one-half Bidden Paradise Ranch
1,853.42 Computer, Agra Trading
6,042.63 Chester 0. Moore/Riptide apt
691.61 One-half of unpaid household bills
12,284.00 Ons -halt of Internal Revenue Service
3,072.50 One -halt of estimated unpaid 1987 tax
8,513.50 One-half of estimated unpaid 1988 tax
5,237.17 1986 Mazda pu
7,224.93 1989 Pontiac Grand Prix
3X11281T "D" TO STIPULATION IN RE PROPERTY DIVISI0N--•1
9
•
C7
MOXIE JAVA —106 WILLIAMS
PROPERTY OWNERS WITHIN 300'
BURNHAM F MARK & NETTIE M TRST
BURNHAM F M & N M CO -TRUSTEES
42 E KING ST
MERIDIAN ID 83642-2767
IDAHO YOUTH RANCH INC
1417 MAIN ST
BOISE ID 83702-5250
80 E KING ST
RANCH INC
PO85
BOISE 3707-2538
100 E
231 OlST ST
G ST
PERSON SHIRLEY R
10409 ESTATE DR
BOISE ID 83709-0318
E O 1ST ST
106 E KING ST
118EKING ST
310EOlsTST
SPENCER JOHN R JR & NANCY J
4688 W VICTORY RD
MERIDIAN ID 83642-6846
126 E KING ST
BRUTON WALTER J & ROSE H
CO -TRUSTEES
1848 E MEADOWGRASS
MERIDIAN ID 83642
305 E 02ND ST
ROBERTS DAVID & LINDA L
133 E KING ST
MERIDIAN ID 83642-2743
29 mci l n ja (Of/. 67
SCHMIERE . JOSEPH & ELLA
127 E KING ST
MERIDIAN ID 83642-2743
STENSON VIRGINIA
PO BOX 869
MERIDIAN ID 83680-0869
121 E KING ST
MCKIE EARL F
2310 GEM AVE
EMMETT ID 83617-9625
115 E KING ST
RUDGE DWAIN S & LORRAINE
226 E 02ND
MERIDIAN ID 83642
FREITAS DANIEL E
212 E 02ND ST
MERIDIAN ID 83642
TIDDENS EHNO
213 E 02ND
MERIDIAN ID 83642
GLASSINGER TERRY G & PATRICIA
126 WILLIAMS AVE
MERIDIAN ID 83642-2760
YOUNG HAROLD N ET UX
118 WILLIAMS AVE
MERIDIAN ID 83642-2760
MCKAGUE PAUL W & SHIRLEY
110 E IST ST
MERIDIAN ID 83642-2702
110 E WILLIAMS AVE
0
MOORE JERRY A
106 WILLIAMS AVE
MERIDIAN ID 83642-2760
FE
TATE OF IDAHO
OlST ST
TATE OF IDAHO O1 ST ST
ST VINCENT DE PAUL SOCIETY
CONF OF ST FRANCIS ASSISSI INC
6464 W STATE ST
BOISE ID 83703-2207
213EO1STST
WHITE RYAN G
204 E 02ND ST
MERIDIAN ID 83642
LIKINS GREG A & ELISA M
205 E 02ND ST
MERIDIAN ID 83642
MILLER SEAN H AND
MASONHOLDER SHAUNA M
218 E FRANKLIN RD
MERIDIAN ID 83642-2909
IDAHO POWER CO
PROPERTY TAX DEPARTMENT
PO BOX 70
BOISE ID 83707-0070
02ND
MZ, <83 1 `ZIO� 1
110 E
DIAN
ROBISON FLOYD & SUSIE FAMILY
TRUST
JOAN SMITH TRUSTEE
3972 GRENADIER DR
MERIDIAN ID 83642-5626
111 E O l ST ST
HOME FEDERAL SAVINGS AND LOAN
ASSOCIATION OF NAMPA
500 12TH AVE S
NAMPA ID 83651-4250
52 E FRANKLIN RD
BENTLEY DEAN & PHYLLIS L
7080 W MCMILLAN RD
MERIDIAN ID 83642-5032
44 E FRANKLIN RD
CITY OF MERIDIAN
CITY HALL
33 E IDAHO
MERIDIAN ID 83642
E FRANKLIN RD
CORYELL EARL C & ELIZABETH P
TRUSTEES
97 E O l ST
MERIDIAN ID 83642
1101111
mlllm�
i7SI MIM
ol I
sill"
Moxi e JQ-va, - )oco
Wl (b 6U -I),5
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF
TODD MASON D/B/A MOXIE JAVA, 106 E.
WILLIAMS, FOR A CONDITIONAL USE
PERMIT FOR OUTSIDE SEATING,
MERIDIAN, IDAHO
FINDINGS OF FACT AND
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 15th
day of December, 1998, and the 5th day of January, 1999, and Jennifer Donlon having
appeared and testified in favor of the application and no one appearing in opposition, 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 a public hearings on the conditional use permit were published
for two (2) consecutive weeks prior to the said public hearings scheduled for December
15, 1998, and January 5, 1999, 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 hearings
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 1
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 December 15, 1998, and January 5, 1999, public
hearings; and the Applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having been
given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 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 located at 106 East Williams, Meridian, Idaho.
4. The owners of record of the subject property are Jerry A. Moore and
Cynthia B. Moore of 4419 Vermillion, Boise, Idaho.
5. Applicant is TJBJ, Inc. of 1800 N. Locust Grove #E, Meridian, Idaho.
6. The subject property is currently zoned Old Town (OT). The zoning district
of the Old Town (OT) is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-2-408(12).
7. The proposed application requests a conditional use permit for two (2)
tables to be placed directly outside of and to the left and right of the north -end entrance
door of the subject building. The OT zoning designation within the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 2
Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-2-409).
8. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
9. The Meridian Planning and Zoning Commission takes note of and
recognizes the concerns of St. Vincent de Paul of 213 E. 1 s' Street, Meridian, Idaho,
dated November 6, 1998.
10. Given the absence of a Design Review Committee, and the fact that some
outdoor seating arrangements are not desirable due to safety and pedestrian walkway
concerns, the Planning & Zoning Department processes all outdoor seating applications
as Conditional Use Permits.
11. The proposed use will constitute a conditional use as prescribed in the
zoning Ordinance. Ordinance No. 11-2-407.D. (Uses Not Specifically Permitted Or
Listed in Districts) also states that "all uses in the Old Town District have been stated as
Conditional Uses."
12. To maintain compliance with the Comprehensive Plan, the project should
be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such
intended conditional use will not change the essential character of the requests that any
approved tables and chairs not be constructed of resin or other low quality materials.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 3
Applicant should maintain a high quality in the appearance and orderliness of approved
furniture.
13. The lack of a designated pedestrian crosswalk from the existing building to
the proposed seating area presents a safety concern, especially given that the driveway
customers would cross also serves as the driveway entry to the service window.
14. The plan does not reflect a ramp or curb cut to allow handicap access to the
proposed seating area.
15. City Council adopts as its Conclusions of Law the Recommendations 1.6
through 1.10 of the Recommendation to City Council made in the above entitled matter
by the Planning and Zoning Commission which are incorporated herein by reference as if
set forth at length.
CONCLUSIONS OF LAW
City Council adopts as its Conclusions of Law the Recommendations 1.6
through 1.10 of the Recommendation to City Council made in the above entitled matter
by the Planning and Zoning Commission which are incorporated herein by reference as if
set forth at length.
2. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use permits; and
(B) That a special use permit may be granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 4
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of political
subdivisions, including school districts, to provide services for the
proposed use, and when it is not in conflict with the plan; and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities or
services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery by
any political subdivision, including school districts, providing
services within the planning jurisdiction.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of the
powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known
as the "Local Land Use Planning Act of 1975."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 5
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:
The applicant is granted a conditional use permit for two (2) tables to be
placed directly outside of and to the left and right of the north -end entrance door of the
subject property and subject to the following terms and conditions:
1.1 Tables and chairs should be situated no less than 2 feet from the inside edge
of sidewalk to permit adequate right-of-way along the property boundary.
1.2 Temporary signage, banners, etc., are specifically prohibited.
1.3 The tables and chairs cannot block the exit doors and pathways.
1.4 The Applicant maintain a 5 foot minimum for a walk way.
1.5 Outside seating must be located immediately to the north of the existing
building and limited to two tables.
2. 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
TODD MASON / MOXIE JAVA - 6
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 January 5, 1999.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN ANDERSON
COUNCILMAN ROUNTREE
COUNCILMAN BENTLEY
VOTED
VOTED;, :
VOTED
VOTED'L
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
MOTION: APPROVED?: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By:
City Clerk
Dated:
msg\D:\MyFiles\Meridian City File\Findings\Conditional Use Permits FF\MASON TODD MOXIE JAVA OUTSIDE SEATING FFCL
AND ORDER GRANTING CUP 011299.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 7
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.
Meridian City Clerk
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
January 13, 1999
RE: TODD MASON D/B/A MOXIE JAVA (CUP)
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
Pursuant to City Council action of January 1% 1999, I have prepared the FINDINGS OF
FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS AND THE ORDER OF
CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT in the application of Todd
Mason, regarding Moxie Java. The Order is now ready for the Mayor's signature and after the
Mayor's signature has been secured, and the City Clerk's signature secured, the original should
be retained by the City Clerk. Copies of the Findings of Fact and Conclusions of Law and
Decision and Order Granting Conditional Use Permit Subject to Conditions and the Order of
Conditional Approval of Conditional Use Permit should be served upon the Applicant, the
Planning and Zoning Department and the Public Works Department, as designated by the City
Clerk's signature.
If you need further assistance by this office, please advise.
Very trid
Wm. F.
�7
WFG/msg
Enclosure
sg\D:\MyFiles\Meridian City File\Findings2\Ltr to Clerk on FFCL and Order of Approval of CUP for Todd Mason Moxie Java.wpd
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
TODD MASON D/B/A MOXIE JAVA, 106 E. ) ORDER OF CONDITIONAL
WILLIAMS, FOR A CONDITIONAL USE ) APPROVAL OF
PERMIT FOR OUTSIDE SEATING, ) CONDITIONAL USE PERMIT
MERIDIAN, IDAHO )
This matter coming before the City Council without public hearing under the
provisions of § 11-2-418 E Municipal Code of the City of Meridian 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:
A Conditional Use Permit is herein granted to Todd Mason for two (2) tables to be
placed directly outside of and to the left and right of the north -end entrance door of the
subject building upon the real property described in Exhibit "A" attached hereto and located
at 106 East Williams, Meridian, Idaho.
This permit is subject to the following terms and conditions:
1. Tables and chairs should be situated no less than 2 feet from the inside edge
of sidewalk to permit adequate right-of-way along the property boundary.
2. Temporary signage, banners, etc., are specifically prohibited.
3. The tables and chairs cannot block the exit doors and pathways.
4. The Applicant maintain a 5 foot minimum for a walk way.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TODD MASON D/B/A MOXIE JAVA 1
5. Outside seating must be located immediately to the north of the existing
building and limited to two tables.
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 October 20, 1998.
By:
RT D. CORRIE
or, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
By:
City Clerk
Dated:
msg\D:\MyFiles\Meridian City File\Findings2\ORDER OF CONDITIONAL APPROVAL\ORDER CONDITIONALLY APPROVING
PRELIMINARY PLATWASON MOXIE JAVA Order of Conditional Approval CLIP.doc
ORDER OF CONDITIONAL APPROVAL 2
OF CONDITIONAL USE PERMIT
TODD MASON D/B/A MOXIE JAVA - 2
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
TODD MASON D/B/A MOXIE JAVA, 106 E. ) ORDER OF CONDITIONAL
WILLIAMS, FOR A CONDITIONAL USE ) APPROVAL OF
PERMIT FOR OUTSIDE SEATING, ) CONDITIONAL USE PERMIT
MERIDIAN, IDAHO )
This matter coming before the City Council without public hearing under the
provisions of § 11-2-418 E Municipal Code of the City of Meridian 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:
A Conditional Use Permit is herein granted to Todd Mason for two (2) tables to be
placed directly outside of and to the left and right of the north -end entrance door of the
subject building upon the real property described in Exhibit "A" attached hereto and located
at 106 East Williams, Meridian, Idaho.
This permit is subject to the following terms and conditions:
1. Temporary signage, banners, etc., are specifically prohibited.
2. The tables and chairs cannot block the exit doors and pathways.
3. The Applicant maintain a 5 foot minimum for a walk way.
4. Outside seating must be located immediately to the north of the existing
building and limited to two tables.
ORDER OF CONDITIONAL APPROVAL 1
OF CONDITIONAL USE PERMIT
TODD MASON D/B/A MOXIE JAVA - 1
•
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 October 20, 1998.
0
,RT D. CORRIE
r, City of Meridian
Copy served upon Applicant, the Plan n ing,�and lZenigg Department and the Public Works
Departme \���•``,�•�
By: , ed:
City Clerk _
,.
SEAL -
msg\D:\MyFiles\Meridian City File\FindingsZORDER (t,M J�ahGTJ ER CONDITIONALLY APPROVING
\M
PRELIMINARY PLATASON MOXIE JAVA Order of C6pdrt1i3r1`
/0Nfr"Ni R�N!!��`�\
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TODD MASON D/B/A MOXIE JAVA - 2
• 0
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIORAY, 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.
Meridian City Clerk
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
January 20, 1999
RE: TODD MASON D/B/A MOXIE JAVA (CUP)
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
RFc1EIVED
JAN 2 1 1999
CITY OF MERIDIAN
Pursuant to City Council action of January 19, 1999, I have prepared the revised
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, (taking out 1.1
under the Decision and Order and renumbering), and the revised ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, (taking out 1. under the conditions and
renumbering), in the application of Todd Mason, regarding Moxie Java. The Order is now ready
for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's
signature secured, the original should be retained by the City Clerk. Copies of the Findings of
Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject
to Conditions and the Order of Conditional Approval of Conditional Use Permit should be served
upon the Applicant, the Planning and Zoning Department and the Public Works Department, as
designated by the City Clerk's signature.
If you need further assistance by this office, please advise.
WFG/msg
Enclosure
msg\D:\MyFiles\Meridian City File\Findings2\Ltr to Clerk on FFCL and Order of Approval of CUP for Todd Mason Moxie lava.BK!
w
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.
Meridian City Clerk
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
January 20, 1999
RE: TODD MASON D/B/A MOXIE JAVA (CUP)
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
FEcIE'vED
JAN 2 i 1999
CITY OF MERIDIAN
Pursuant to City Council action of January 19, 1999, I have prepared the revised
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, (taking out 1.1
under the Decision and Order and renumbering), and the revised ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, (taking out 1. under the conditions and
renumbering), in the application of Todd Mason, regarding Moxie Java. The Order is now ready
for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's
signature secured, the original should be retained by the City Clerk. Copies of the Findings of
Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject
to Conditions and the Order of Conditional Approval of Conditional Use Permit should be served
upon the Applicant, the Planning and Zoning Department and the Public Works Department, as
designated by the City Clerk's signature.
If you need further assistance by this office, please advise.
WFG/msg
Enclosure
msg\D:\MyFiles\Meridian City File\Findings2\Ltr to Clerk on FFCL and Order of Approval of CUP for Todd Mason Moxie Java.BK!
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF ) FINDINGS OF FACT AND
TODD MASON D/B/A MOXIE JAVA, 106 E. ) CONCLUSIONS OF LAW
WILLIAMS, FOR A CONDITIONAL USE ) AND DECISION AND ORDER
PERMIT FOR OUTSIDE SEATING, ) GRANTING CONDITIONAL USE
MERIDIAN, IDAHO ) PERMIT SUBJECT TO CONDITIONS
This matter coming on regularly for public hearing before the City Council on the 15th
day of December, 1998, and the 5th day of January, 1999, and Jennifer Donlon having
appeared and testified in favor of the application and no one appearing in opposition, 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 a public hearings on the conditional use permit were published
for two (2) consecutive weeks prior to the said public hearings scheduled for December
15, 1998, and January 5, 1999, 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 hearings
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 1
0
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 December 15, 1998, and January 5, 1999, public
hearings; and the Applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having been
given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 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 located at 106 East Williams, Meridian, Idaho.
4. The owners of record of the subject property are Jerry A. Moore and
Cynthia B. Moore of 4419 Vermillion, Boise, Idaho.
5. Applicant is TJBJ, Inc. of 1800 N. Locust Grove #E, Meridian, Idaho.
6. The subject property is currently zoned Old Town (OT). The zoning district
of the Old Town (OT) is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-2-408(12).
7. The proposed application requests a conditional use permit for two (2)
tables to be placed directly outside of and to the left and right of the north -end entrance
door of the subject building. The OT zoning designation within the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 2
Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-2-409).
8. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
9. The Meridian Planning and Zoning Commission takes note of and
recognizes the concerns of St. Vincent de Paul of 213 E. 1st Street, Meridian, Idaho,
dated November 6, 1998.
10. Given the absence of a Design Review Committee, and the fact that some
outdoor seating arrangements are not desirable due to safety and pedestrian walkway
concerns, the Planning & Zoning Department processes all outdoor seating applications
as Conditional Use Permits.
11. The proposed use will constitute a conditional use as prescribed in the
zoning Ordinance. Ordinance No. 11-2-407.D. (Uses Not Specifically Permitted Or
Listed in Districts) also states that "all uses in the Old Town District have been stated as
Conditional Uses."
12. To maintain compliance with the Comprehensive Plan, the project should
be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such
intended conditional use will not change the essential character of the requests that any
approved tables and chairs not be constructed of resin or other low quality materials.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 3
Applicant should maintain a high quality in the appearance and orderliness of approved
furniture.
13. The lack of a designated pedestrian crosswalk from the existing building to
the proposed seating area presents a safety concern, especially given that the driveway
customers would cross also serves as the driveway entry to the service window.
14. The plan does not reflect a ramp or curb cut to allow handicap access to the
proposed seating area.
15. City Council adopts as its Conclusions of Law the Recommendations 1.6
through 1.10 of the Recommendation to City Council made in the above entitled matter
by the Planning and Zoning Commission which are incorporated herein by reference as if
set forth at length.
CONCLUSIONS OF LAW
City Council adopts as its Conclusions of Law the Recommendations 1.6
through 1.10 of the Recommendation to City Council made in the above entitled matter
by the Planning and Zoning Commission which are incorporated herein by reference as if
set forth at length.
2. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use permits; and
(B) That a special use permit may be granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 4
0 •
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of political
subdivisions, including school districts, to provide services for the
proposed use, and when it is not in conflict with the plan; and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities or
services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery by
any political subdivision, including school districts, providing
services within the planning jurisdiction.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of the
powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known
as the "Local Land Use Planning Act of 1975."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 5
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. The applicant is granted a conditional use permit for two (2) tables to be
placed directly outside of and to the left and right of the north -end entrance door of the
subject property and subject to the following terms and conditions:
1.1 Temporary signage, banners, etc., are specifically prohibited.
1.2 The tables and chairs cannot block the exit doors and pathways.
1.3 The Applicant maintain a 5 foot minimum for a walk way.
1.4 Outside seating must be located immediately to the north of the existing
building and limited to two tables.
2. 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
TODD MASON / MOXIE JAVA - 6
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 January 5, 1999.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN ANDERSON
COUNCILMAN ROUNTREE
COUNCILMAN BENTLEY
VOTED G1��
VOTED__
VOTED
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED,
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning an Zoning
Works De artment. 4 ��`'0%kI �IIIJ,I''I/,,
s
Department and the Public
By: Da
City Clerk _ SEAL
msg\D:\MyFiles\Meridian City File\Findings\Cond$ional Permits FF\N N TOi
AND ORDER GRANTING CLIP 1 A 1#899. 1
FINDINGS OF FACT AND CONCLUSI19 • R �``\�
AND DECISION AND ORDER GRANTING C6 W'TV1NAL
USE PERMIT SUBJECT TO CONDITIONS
TODD MASON / MOXIE JAVA - 7
=
11
Meridian City Council
January 19, 1999
Page 13
0
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY TODD MASON
DIB/A MOXIE JAVA — 106 E. WILLIAMS:
Corrie: Council you have I believe the conditional use permit in front of you on the final
action. I'll entertain a motion on the Findings of Fact and Conclusions of Law.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law for this requested conditional use permit and that we approve the Decision and
Order granting the conditional use permit.
Bentley: Second.
Corrie: Motion is made by Mr. Rountree second by Mr. Bentley to approve the Findings
of Fact and Conclusions of Law. Any further discussion? Hearing none, roll call vote.
ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY,
YEA.
MOTION CARRIED: ALL YEAS.
Stiles: Mr. Mayor, I'm sorry to interrupt. You didn't look over here.
Corrie: I'm sorry. I should do that. I apologize.
Stiles: I would just like to ask that 1.1 of the Decision and Order on page 6 of the
Findings of Fact and Conclusions of Law and also as condition 1 on page 1 of the Order
of Conditional Approval be deleted. If you will recall the original proposal was to place
these tables and chairs directly on E. 1St Street adjacent to the sidewalk and when the
applicant made the presentation they confirmed that that was not their desire that they
would do it directly in front of the doorway on the north side of the building, so it's a little
in conflict with the rest of the Order. They did change the location of those and I think it
would be appropriate if you could delete that item.
Anderson: What number did you ask for?
Stiles: On the Findings, it would be 1.1 on page 6.
0
Meridian City Council
January 19, 1999
Page 14
Corrie: And the Order of Conditional Approval as submitted number one?
Stiles: Yes.
Bentley: Mr. Mayor in light of the new discussion on this, I would move that we
reconsider the Findings of Fact and Conclusions of Law on the CUP for Moxie Java.
Rountree: Well we could either do that or I could move that we strike that —
Bentley: Well we already voted.
Bird: We already passed on that, so we got to reconsider it.
Rountree: Yeah, but I think I can do that since I made the motion.
Bentley: Well we had the vote though.
Corrie: Had the vote.
Gigray: You can reconsider the —
Corrie: We can reconsider it at this point? Okay.
Bird: I'll second that.
Corrie: Mr. Bentley would you repeat that one more time?
Bentley: Mr. Mayor I would move we reconsider the Findings of Fact and Conclusions
of Law for a CUP for Moxie Java.
Bird: I'll second that.
Corrie: Motion made and second to reconsider the motion. Any further discussion?
Hearing none, I guess we better stick with the roll call vote.
ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY,
YEA.
MOTION CARRIED: ALL YEAS.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law and the Decision and Order granting the conditional use with the modification of
Meridian City Council
January 19, 1999
Page 15
eliminating reference to the location of the tables as stated on page six, paragraph one
of the Decision and Order.
Bentley: Second.
Corrie: Motion been made by Mr. Rountree second by Mr. Bentley to approve the
Findings of Fact and Conclusions of Law and rescind the item one and I believe there
was 1.1. Any further discussion? Hearing none, all those — (End of Tape)
ROLL CALL VOTE: BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
10. FINAL PLAT FOR TURNBERRY NO. 2 SUBDIVISION BY BENCHMARK LAND
COMPANY — WEST OF BLACK CAT, SOUTH OF USTICK AND EAST OF
MCDERMOTT:
Corrie: Staff, comments?
Stiles: Mr. Mayor and Council, you have our comments on this plat dated January 14tH
1999. The applicant's representative has responded agreeing to everything as always,
and we like to see that. We have no comment on this plat.
Corrie: Any other comments on this final plat? Council? Okay, I'll entertain a motion.
Anderson: Mr. Mayor I make a motion we approve the final plat for Turnberry
Subdivision No. 2 from Benchmark Land Company.
Bird: Second.
Corrie: Motion is made by Mr. Anderson second by Mr. Bird to approve the final plat for
Turnberry No. 2 Subdivision by Benchmark Land Company. Any further discussion?
Bird: I think we better put subject to conditions on that motion. I withdraw if you want to
restate it.
Corrie: Okay I'll withdraw the second.
Anderson: I'll amend my motion to include the comments subject to staff.
Bird: Second.
•
MERIDIAN CITY COUNCIL MEETING: JANUARY 19, 1999
APPLICANT: TODD MASON DIB/A MOXIE JAVA ITEM NUMBER: 9
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
SEE ATTACHED FINDINGS & ORDER
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE: (�
CENTRAL DISTRICT HEALTH: vit
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
•
Meridian City Council
January 5, 1999
Page 50
•
Corrie: Comments, decisions and motions. Are you ready for the motion, have at it.
Bentley: Mr. Mayor I move we approve the preliminary plat for Maws Subdivision No. 3
by Tealey's Land Survey subject to staff conditions and the resolve of the irrigation
issue.
Bird: Second.
Bentley: And have the attorney prepare the Findings of Facts and Order — prepare the
proper Order.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the preliminary plat
with conditions and have the attorney prepare the proper order. Further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
" 23. REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY
TODD MASON DIBIA MOXIE JAVA — 106 E. WILLIAMS:
Corrie: Staff.
Stiles: Mr. Mayor and Council, this is a request for outdoor seating at the Moxie Java
on Williams and East First Street. The initial site plan that was submitted showed the
seating would be on the lawn area adjacent to East First Street. However that was not
what the applicant intended. Their intent was to have a couple of table on the north side
of the building there adjacent to where the entrance is, and the staff would support that
with the condition that a minimum five foot clear walkway be provided at all times.
Corrie: Any other staff reports? Any questions from Council?
Anderson: I have a question. I guess it's been a while since I looked at this drawing,
but I'm somewhat familiar with that building and it almost seems to me like there could
be a safety issue there putting seating out there. It seems like there's drive up windows
on both sides of the building as well as there's parking out along the far north end of the
property so you have cars backing up. You'll have cars turning from one of the drive up
windows rounding this. What's going to be out there to protect somebody out there
sitting from getting run over?
Meridian City Council
January 5, 1999
Page 51
Stiles: They're not proposing anything. That's a good point. There probably should be
some kind of ballards or something to protect the area, but the applicant can maybe
speak to provisions they may make for that.
Donman: Jennifer Donman, 2407 Snyder. I wasn't aware that that would be a problem.
I don't see why there would be any reason why we couldn't put anything up. Do you
have any suggestions?
Stiles: Possibly some of the ballards like they have that you put around gas meters or
something like that. I don't know if that would be adequate. But at least probably at a
couple of strategic points for each side there is probably appropriate.
Anderson: I guess I was thinking something a little more attractive like some type of
decorative landscaping plan or a big concrete thing or something like that. But it just
seems like there would be an awful hazard there to me.
Corrie: Do you want staff to get together with them and see what they can do as part of
the conditional use.
Bird: Mr. Mayor what you're asking us is the staff want to continue the public hearing
until the 19tn?
Corrie: It's not a public hearing. It's just a request for conditional use permit.
Bird: Yeah, but it's a public hearing.
Corrie: No, it isn't.
Bird: Okay.
Anderson: I guess it's their liability if someone gets run over, but I guess my opinion
maybe staff ought to make some recommendations for some possible solutions or
something like that.
Corrie: They can do that in your motion for conditional use permit. Any further
comments?
Bentley: I have none.
Bird: I have none, Mayor.
Rountree: None.
n
Meridian City Council
January 5, 1999
Page 52
r�
u
Corrie: Okay, I'll entertain a motion on the conditional use permit.
Bentley: Mr. Mayor I move that we approve the conditional use permit for outside
seating for Moxie Java with the suggestion that they get the staff and come up maybe
some sort of safety things to protect themselves in the parking area.
Corrie: With Findings of Fact and Conclusions of Law and Order of Decision?
Bentley: Yes and instruct the attorney to provide the Findings of Fact and Conclusions
of Law and Order of Decision.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the conditional use
permit with the staff giving them recommendations for outside seating and also for the
attorney to draw up Findings of Fact and Conclusions of Law and Order of Decision.
Any further comments? Hearing none, all those in favor of the motion, say aye.
MOTION CARRIED: All ayes.
Corrie: So if you will just kind of get with Shari.
24. WATER / SEWER / TRASH DELINQUENCIES:
Corrie: (DELINQUENCY READ BY MAYOR) Is there anyone present who wishes to
contest their water, sewer and trash delinquency? All right you are hereby informed that
you may appeal to have the decision of the city reviewed by the Fourth Judicial District
Court pursuant to Idaho Code. Even though they appeal, their water will be shut off in
the amount of the turn off list is $52,046.49. I'll entertain a motion to approve the
delinquency turn off list.
Rountree: Mr. Mayor I move that we approve the delinquency water turn off list and
direct the Mayor to commend staff for the new format that the list has been presented to
the Council. It's now readable and we can understand it.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the
delinquency turn off list. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: All ayes.
RECEIVED
.IAN 14 1999
City of Meridian
MEMORANDUM City Clerk Office
To: Mayor Robert D. Corrie and City Cl k
From: Wm. F. Gigray, III, City Attorn
Subject: CUP TODD MASON D/B/A MOXIE JAVA
Date: January 13, 1999
I am sending to you an explanation on the "Findings of Fact and
Conclusions of Law and Decision and Order Granting Conditional Use
Permit Subject to Conditions". This was agenda Item No. 23 at the
January 51' meeting of the City Council. I have prepared these Findings
as a result of the action taken that evening by the City Council.
In the meantime, this matter is due to be presented to Council at their
January 191'' meeting, and the matter should be brought before the City
Council with this memo and the following recommended action and
motion.
RECOMMENDED ACTION OF THE CITY COUNCIL: Based upon
the City Council's approval of the Recommendation To City Council of
the Planning and Zoning Commission in this matter, and based upon
your request that the City Attorney prepare the necessary Findings,
Conclusions and Order, and the City Attorney having prepared the
same, and due to the fact that final action is being taken (Councilman
moves): This matter be approved with the conditions set forth in the
Findings of Fact and Conclusions of Law and Decision and Order.
Msg\D:\MyFiles\Meridian City File\GIGRAY MEMOS\MASON TODD MOXIE JAVA CUP MEMO TO MAYOR AND
CLERIC 011399.wpd
MERIDIAN CITY COUNCIL MEETING: JANUARY 5. 1999
APPLICANT: TODD MASON DBA MOXIE JAVA ITEM NUMBER: 23
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED P & Z PACKET
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:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
1-•
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
PLANNING & ZONIOSCOMMISSION 0
DECEMBER 8, 1998
PAGE 73
Nelson: Then what are we going to do, let them drill a well? That's about all they
have access to.
Borup: Yeah, that's not feasible. I think most people agree with that. That is not
feasible.
Smith: Let City Council deal with that. Would you feel good if should said shall?
Borup: Shall investigate? Yeah, I would. It's not going to change anything. It
makes it a little more specific.
Rossman: City Council can address the various options (Inaudible).
Smith: So are we ready then? Mr. Chairman, I would like to make a motion that
we recommend to City Council approval of the preliminary plat for Maws
Subdivision No. 3, incorporating all staff and agency comments with staff site
specific comments item number one to be amended to read applicant to work
with staff on termination of sewer adjacent to lot 27 and item number 17 last
sentence, strike the word should and replace with the word shall.
MacCoy: Is that it?
Smith: I think so.
Borup: Second.
MOTION CARRIED: All ayes.
ITEM NO. 9: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR OUTSIDE SEATING BY TODD MASON D/B/A MOXIE JAVA —106
E. WILLIAMS:
MacCoy: This is the third meeting we've had on this, is anybody here to
represent them?
Smith: Mr. Chairman, a point of order, I'd also like to make record that on our
agenda that this be noted as a continued public hearing.
MacCoy: Yes that is what it was, we kept keeping this continued.
JENNIFER DONLON, 2407 SNYDER, MERIDIAN, ID. WAS SWORN IN BY
THE ATTORNEY.
Donlon: First I would like to start by apologizing there has been a
misunderstanding as to where the tables would be placed. I'm asking permission
PLANNING & ZONI16 COMMISSION 0
DECEMBER 8, 1998
PAGE 74
for two tables to be placed directly outside of the entrance doors, the left and the
right.
MacCoy: Only that right, just only that?
Donlon: Yes. I also need to address the parking situation. We only have five
spots. Right now I'm serving 85% of my customers through the drive -up
windows, so I do allow my employees to park there, which varies from shift 2-3
cars. I hope that the table and chairs will bring customers inside to sit down and
outside. If that happens, then they can park on the side streets and that will
make all five parking lots available. Also, regarding the appearance of the table
and chairs, I'm the manager of the store and I personally see to it that the inside
and the outside of the building stay presentable and liter free. Do you have any
questions?
Smith: The plat we have had the tables showing out in the landscape area by
the sidewalk. So you are talking the door is on the north end of the building, so
right outside that door in the paved area?
Donlon: Ah -huh. _
Borup: So there really wasn't confusion as much as you changed your mind
where to put them.
Donlon: Yeah. The grass is just not going to work.
Smith: I've been by the other Moxie Java over by Fred Meyers and there is
never five cars. I shouldn't say never, I've never been over there when there has
been five cars.
Rossman: Well, there is some expert testimony.
(Inaudible)
Nelson: There has been a lot of discussion back and forth about how much
traffic actually goes through there. Apparently your business probably has some
peak times. When does that all happen? What's kind of...
Donlon: Between lam and 10 am in the morning.
Nelson: How late are you open now?
Donlon: Till 11 pm. 5am to 11 pm.
Nelson: I guess a lot of your traffic at the tables will be local business men
walking over there on break.
PLANNING & ZONI1COMMISSION 0
DECEMBER 8, 1998
PAGE 75
Donlon: Yeah, I'm assuming in the afternoons.
Nelson: I think there is a letter from St. Vincent's. I have no other questions.
MacCoy: Have you seen the letter from St. Vincent De Paul?
Donlon: I have.
MacCoy: Do you want to comment on that?
Donlon: We've never had any trouble parking over there. We don't get too many
people coming inside like I said. So, I don't think it will be a problem. If it
becomes a problem then I'll have to address it.
MacCoy: I'd just like a clarification from you and talking to our police department,
at least when it first opened up, they had traffic backed up into the intersection.
Does that happen anymore.
Donlon: No. Well, the parade, but there -wasn't any traffic, there was just people.
MacCoy: Well that's different, the normal shift.
Borup: So you don't have a stacking problem now, in the morning, the first thing
in the morning?
Donlon: No, I don't.
MacCoy: People learn I guess how to use the place. Will you stand right there
while I ask staff? Staff do you have any questions of her?
Borup: Moving the tables answer the safety concern you originally had?
Stiles: I'm glad to see that they would do that. It seems real awkward that it
would be out on the landscaped strip out there, but as long as they maintain a
five foot minimum for a walkway. I think you can appreciate that they certainly
improved the looks of that corner there.
De Weerd: I have nothing.
Smith: It looks like everybody has spoken that wants to. I'd be up for making a
motion to close the public hearing. In fact that is a motion.
De Weerd: Second.
MacCoy: All in favor?
PLANNING & ZONIOCOMMISSION
DECEMBER 8, 1998
PAGE 76
MOTION CARRIED: All ayes.
Smith: I would like to make a motion that we recommend to the City Council to
approve the conditional use permit for outside seating be located immediately to
the north of the existing building. Two tables as stated by the applicant tonight.
De Weerd: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 10: ADA COUNTY DEVELOPMENT SERVICES: 97-15-ZOA
MANUFACTURED HOME PARK AMENDMENTS.
MacCoy: Everybody is going home now, this leaves us with this stuff. I'm going
to go back to our attorney here and for items 10 through 16, they are all Ada
County and we have a conglomerate of things. How do you want us to handle =
these things?
Rossman: Can I call Mr. Gigray? Just kidding. I think the reason that Bill
wanted these on the agenda in the first place was that Ada County was obviously
requesting our input on what goes on within our impact area and certainly we
have an interest in what goes on in the impact area and the way that we handled
these before is took a look at the applications and I understand there is limited
information within some of these applications and take a look at the limited
information that we have and we've been directing Planning and Zoning
Administrator to submit a letter indicating whether we approve or disapprove of
the particular application.
MacCoy: Hold that thought for a moment. Shari, what do you want to say about
this now?
Stiles: Can I just quickly go through all of them?
MacCoy: We would be very happy for you to do that.
Stiles: Number 10, manufactured home park amendments really doesn't effect
us at all, it just changes where they would allow manufactured home parks.
MacCoy: Well also, they talk about a date on there for (Inaudible). Go ahead.
Stiles: I don't know that we have any interest in whether, where they are going to
allow manufactured home parks. I don't know if that's based on the new, well not
0
MERIDIAN PLANNING AND ZONING MEETING: December 8 1998
APPLICANT: TODD MASON D/B/A MOXIE JAVA ITEM NUMBER: 9
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER 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:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER
COMMENTS
SEE ATTACHED 11/10/98 MINUTES
SEE ATTACHED LETTER
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
Gj u
All Materials presented at public meetings shall become pro of he City of Meridian.
��� /
3
-46'74q, 1dJ RUM
�1
0 - 0
Meridian Planning & Zoning Commission
November 10, 1998
Page 5
Smith: Mr. Chairman, I would like to make a motion that we recommend approval of the
preliminary and final plat for First Meridian Plaza to City Council.
Nelson: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
OUTSIDE SEATING BY TODD MASON D/B/A MOXIE JAVA —106 E. WILLIAMS:
Stiles: Mr. Chairman, Commissioners, once again they did not post the property for the
notice of the hearing. I finally get a hold of them and they have assured me they will be
attending the December meeting.
MacCoy: All right thank you. Commissioners, what's the next —
Smith: Mr. Chairman, I'd like to make a motion we continue this public hearing until
December 8t' meeting.
De Weerd: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 3: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR GENERAL AUTO REPAIR AND SERVICE BY JOHN BISS — WEST OF
MERIDIAN ROAD:
MacCoy: Since it is a public hearing, staff?
Stiles: Mr. Chairman, Commissioners, I believe you have in your packets additional
information that's been submitted by the applicant. He has submitted a revised site plan
showing where he intends to have some additional parking in the back, has modified the
plan to show the additional landscaping setback. I'm not aware of the outcome of the
problems with the actual survey that's been done. I don't know if Bruce has any
answers on that, but maybe Mr. Biss could address that as part of his testimony.
MacCoy: All right I'll open the public hearing. It's a continued public hearing. But we'll
open it for tonight. Is the applicant here to make any more statements before we move
HUB OF TREASURE VALLEY
Mayor LEGAL DEPARTMENT
ROBERT D. CORRIE A Good Place to Live (208) 884-4264
Council Members CITY OF MERIDIAN PUBLIC WORKS
BUILDING DEPARTMENT
CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
DEPARTMENT
KEITH BIRD (208) 884-5533
MEMORANDUM: December 3, 1998
TO: Planning & Zoning Commission/Mayor and Council
FROM: Shari Stiles, P&Z Administrator
SUBJECT: Request for Conditional Use Permit to Allow Outside Seating by Todd
Mason dba Moxie Java
1. Given the absence of a Design Review Committee, and the fact that some outdoor
seating arrangements are not desirable due to safety and pedestrian walkway
concerns, the Planning & Zoning Department processes all outdoor seating
applications as Conditional Use Permits.
2. The proposed use will constitute a conditional use as prescribed in the zoning
ordinance. Ordinance No. 11-2-407.D. (Uses Not Specifically Permitted Or Listed
in Districts) also states that "all uses in the Old Town District have been stated as
Conditional Uses."
3. To maintain compliance with the Comprehensive Plan, the project should be
designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing and intended character of the general vicinity and
that such intended conditional use will not change the essential character of the
vicinity. Given the high visibility and traffic volume associated with this site, staff
requests that any approved tables and chairs not be constructed of resin or other
low quality materials. Applicant should maintain a high quality in the appearance
and orderliness of approved furniture.
4. The lack of a designated pedestrian crosswalk from the existing building to the
proposed seating area presents a safety concern, especially given that the
driveway customers would cross also serves as the driveway entry to the service
window.
5. The plan does not reflect a ramp or curb cut to allow handicap access to the
proposed seating area.
6. Tables and chairs should be situated no less than 2 feet from the inside edge of
sidewalk to permit adequate right-of-way along the property boundary.
7. Temporary signage, banners, etc., are specifically prohibited.
P.02
St. vingit de Paul
9
To: Cit of Meridian, Planning and Zoning ��• r'�
City
From: Charles Nllles, Executive Director
Date: 11/6%98
Subject: Todd Mason/Moxi Java Conditional Use Permit
106 E Williams
Copies: File/Board of Directors
I.n regard to the request for a Conditional User Permit for Moxi Java, located at 106 E
Williams, Meridian, Idaho, I wish to submit the following concern.
This Moxi lava location currently has 5 parking spaces and operates a drive through
window. As the business is currently operating I believe the parking and traffic situation is
adequate. A request for outdoor seating indicates the customer traffic will increase, or is
expected to increase, and it is at this point I question the parking situation.
St. Vincent operates a thrift store immediately across from this Moxi Java location. We
are pleased to have Moxi Java in our business area. We are, however, concerned about
the parking situation. For a number of years, while that location was a restaurant, we had
some difficulty with vehicles parking in our lot, at times taking up to 4 spaces. This
normally occurred during the meal times which is also when many customers visit our
business. I believe Moxi Java is going to be successful enough to warrant more than five
vehicles worth of parking. Adding outside seating will only increase the volume. While
people will take some side street parking spaces our experience has been that some
customers will opt to take spaces in the St. Vincent parking lot.
The liability issue of having non -customers enter and exit our parking lot is a concern. I
am also concerned about the litter. At our other locations we receive litter generated by
the customers of those businesses who are using our parking lot, and those businesses do
not have outside seating. Wrappers and drink containers are dropped on our lot as their
customers enter their vehicles. Our staff is left to clean up.
While there is no sure way to stop someone from littering or from parking at our site I
think we can reduce the amount of potential. I ask the City of Meridian and Moxi Java to
adequately consider how they will address these issues prior to approving this Conditional
Use Permit.
6464 West State Street • Boise, Idaho 83703-2207
(208) 853-4921
213 E. 1st St. • Meridian, Idaho 83642-2973
(Z08) 88&9101
PAGE. 02
St._Vincent_de_Paul,_Inc 2088534935 P.01
•
FAX COVER SHEET
Fax Number Sent To: _) ala '4— 1 a g �-
Name of Recipient: _ sLhac-�_
t
Company: `0
Date: 1171p qy
Pages Tota1(Ca}
Sent By:
Phone Number: I) 11
St. Vi de Paul
t.
If you do not receive a4pages contact sender immediately at (208) 853-4921.
Comments: --
All itiformation contained in this fax message is CONFIDENTIAL. This document is intended for use by the
:above mentioned party only. Itis the recipient's responsibility to deliver this fax message to the appropriate party
or to telephone the above number if received in error. If received in error please retunt the entire document tolls at
Stviacent de Paul, 6464 W State Street; Boise ID 83703 via US Postal Service,
NOU 10 'ge 09:44 2oee534935 PAGE.01
MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 10, 1998
APPLICANT: TODD MASON d/b/a MOXIE JAVA AGENDA ITEM NUMBER: 2
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
COMMENTS
SEE ATTACHED MINUTES FROM 10/13/98
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: �1
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
in
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
�Y
MERIDIAN PLANN10 AND ZONING COMMISSION M NG
OCTOBER 13, 1998
PAGE 17
MacCoy: Okay, what's the decision?
(END OF TAPE)
De Weerd: ... Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the conditional use permit for
the uses set forth within these amended Findings of Fact and Conclusions of Law
as requested by the applicant for the property described in the application with
the conditions set forth within these amended Findings of Fact and Conclusions
of Law and any other conditions required by the Meridian City Council.
Smith: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 8: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR
PROPOSED FIRST MERIDIAN PLAZA BY WILD SHAMROCK PARTNERSHIP
— SOUTH OF GEM AVENUE BETWEEN MERIDIAN ROAD AND E. 1sT:
MacCoy: Before I call anybody forward does the staff have anything to add to
this or say to this?
Borup: Mr. Chairman, we have received a letter from the applicant.
MacCoy: That's what I want them to say. You are jumping ahead of the game.
Berg: Mr. Chairman and members of the commission, we received a letter faxed
today in the city clerks office as you have presented would like a postponement
of this hearing which I would phrase continued until the next regularly scheduled
meeting in November, November 10tH
Smith: Mr. Chairman, I would like to make a motion that we continue this public
hearing until our November 10th meeting.
Nelson: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 9: REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE
SEATING BY TODD MASON D/B/A MOXIE JAVA —106 E. WILLIAMS:
r
MERIDIAN PLAAND ZONING COMMISSION NWING
OCTOBER 13,19f
PAGE 18
MacCoy: I will ask the staff for comment.
Stiles: Mr. Chairman, commissioners, the property was not noticed by the
applicant, so we will have to re -notice and public next month.
MacCoy: Thank you, commissioners?
De Weerd: So it wasn't noticed so I imagine that no one is here to speak about
it. Oh, okay.
Stiles: The property was not posted. They need to put up a sign stating that the
property is going to be under a public hearing so it can't proceed.
Borup: Mr. Chairman, I would like to make a motion that we continue this until
our November 10th meeting.
De Weerd: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
Borup: Mr. Chairman, I've mentioned this in the past—again, maybe the
workshop or something, this is the type of item that I think could be handled very
fine on a staff bases, especially in old town. This is the third seating application
that we've had in old town, I realize that it doesn't take a lot of time, but I question
whether it needs a public hearing either.
MacCoy: Well, we will discuss that come Thursday.
Borup: Right, I just wanted to state that again.
MacCoy: Alright, for the record, very good. Moving on to the next item.
ITEM NO. 10: REQUEST FOR CONDITIONAL USE PERMIT FOR GENERAL
AUTO REPAIR & SERVICE BY JOHN BISS –WEST OF MERIDIAN ROAD:
MacCoy: Staff do you have anything to add to that? I didn't hear that is that for
the record.
Stiles: Would you like us to give a report on this application? You have copies of
our comments, I won't go through every item. Some of them are standard
comments. The subject property is located south of the Hope Arms Apartment
and also where Lee Centers has built some apartments. It is immediately east of
the Troutner Business Park. As part of the Troutner Business Park, there was a
proposed roadway that would connect the subdivision to Meridian Road. They
MERIDIAN PLANNING AND ZONING MEETING: October 13 1998
APPLICANT: TODD MASON/MOXIE JAVA ITEM NUMBER: 9
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
AGENCY COMMENTS
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:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
REVIEWED
SEE COMMENTS
REVIEWED f U"
Pj&M
l"
SEE COMMENTS
SEE COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
• HUB OF TREASURE VALLEY
Mayor LEGAL DEPARTMENT
ROBERT D. CORRIE A Good Place to Live (208) 884-4264
Council Members CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILD(208)
DEPARTMENT
08)887-2211
GLENN BENTLEY MERIDIAN, IDAHO 83642 T�
RON ANDERSON Phone (208) 888-4433 • Fax (208 j 0] �i~ 1 PLANNING AND ZONING
ill_,y J DEPARTMENT
KEITH BIRD SEP 18 1998 (208) 884-5533
CITY OF MERIDIAN
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998
TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
BY: TODD MASON d/b/a MOXIE JAVA
LOCATION OF PROPERTY OR PROJECT: 106 E. WILLIAMS
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
YOUR CONCISE REMARKS: ��4
HUB OF TREASURE VALLEY 0
Mayor LEGAL DEPARTMENT
ROBERT D. CORRIE A Good Place to Live (208) 884-4264
Council Members CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
(208)887-2211
GLENN BENTLEY MERIDIAN, IDAHO 83642 �+ t T
RON ANDERSON Phone (208) 888-4433 • Fax (208) 8 f cu' r�' ED PLANNING AND ZONING
DEPARTMENT
KEITH BIRD SEP 17 1998 (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 & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998
TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
BY: TODD MASON d/b/a MOXIE JAVA
LOCATION OF PROPERTY OR PROJECT: 106 E. WILLIAMS
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
IRE 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
YOUR CONCISE REMARKS: 4 v qv
.�� �� � Tk •r� Tiv-h r� 4- GG„4� ,� s
Ar/1 No o CX 7% -e- c5n %
73 0 0
• HUB OF TREASURE VAIfPF:rVEDAL DEPARTMENT
Mayor LEG
ROBERT D. CORRIE A Good Place to Live (208) 884-464
Council Members CITY OF MERIDIAN1998 PUBLIC WORKS
BUILDING DEPARTMENT
CHARLES ROUNTREE 33 EAST IDAHO ;- , 22
j r�� (_O8) 887-__I I
GLENN BENTLEY MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813 �- r-'�r-'� PLANNING AND ZONING
RON ANDERSON 'E DEPARTMENT
KEITH BIRDc C 6 (208) 884-5533
J L Mefltaafi.
\q ate[ superitit" runt
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998
TRANSMITTAL DATE: September 15 1998 HEARING DATE: October 13, 1998
REQUEST: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING
BY: TODD MASON d/b/a MOXIE JAVA
LOCATION OF PROPERTY OR PROJECT: 106 E. WILLIAMS
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
YOUR CONCISE REMARKS: �I/t� t/7����y� ��
CENTRAL C
•• DISTRICT
WHEALTH
DEPARTMENT
Rezone #
Conditional Use #
Preliminary / Final / Short Plat
DISTRICT HEALTH D
Environmental Health Division
ENT
Return to:
❑ Boise
❑ Eagle
❑ Garden City
®.Meridian
❑ Kuna
❑ ACZ
❑ 13.
We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas
❑ beverage establishment ❑ grocery store
❑ child care center
Date:
Reviewed By:
Review Sheet
CDHD 10/91 rcb, rev. 7197
I.
We have No Objections to this Proposal. SEP 2 9 1998
❑
2.
We recommend Denial of this Proposal. CITY OF MERIDIAN
❑
3.
Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑
4.
We will require more data concerning soil conditions on this Proposal before we can comment.
❑
S.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ 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
❑ beverage establishment ❑ grocery store
❑ child care center
Date:
Reviewed By:
Review Sheet
CDHD 10/91 rcb, rev. 7197
24 September 1998
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
• • R,�°ESD
SEP 2 8 1998
CITY OF MERIDIAN
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
RE: Conditional Use Permit for Todd Mason d.b.a. Moxie Java
Dear Commissioners:
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
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
'Vater Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
FFCF-rVE1)
BEFORE THE PLANNING AND ZONING COMMIS' DEC 3 1 1993
IN THE MATTER OF THE REQUEST ) CITY OF MERIDIAN
FOR CONDITIONAL USE PERMIT ) RECOMMENT
FOR OUTSIDE SEATING BY TODD ) CITY COUNCIL
MASON DB/A/ MOXIE JAVA )
INTRODUCTION
1. The property is located at 106 East Williams, Meridiar
Z3
2. The owners of record of the subject property are Jerry,
Cynthia B. Moore of 4419 Vermillion, Boise, Idaho.
3. Applicant is TJBJ, Inc. of 1800 N. Locust Grove #E, Meridian, Idaho.
4. The subject property is currently zoned Old Town (OT). The zoning
district of the Old Town (OT) is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-2-408(12).
5. The proposed application requests a conditional use permit for two (2)
tables to be placed directly outside of and to the left and right of the north -end
entrance door of the subject building. The OT zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-2-409).
6. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT — TODD MASON — MOXIE JAVA
0
•
7. The Meridian Planning and Zoning Commission takes note of and
recognizes the concerns of St. Vincent de Paul of 213 E. I' Street, Meridian, Idaho,
dated November 6, 1998.
RECOMMENDATION
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, subject to the following:
1.1 Given the absence of a Design Review Committee, and the fact that
some outdoor seating arrangements are not desirable due to safety and
pedestrian walkway concerns, the Planning &- Zoning Department
processes all outdoor seating applications as Conditional Use Permits.
1.2 The proposed use will constitute a conditional use as prescribed in the
zoning ordinance. Ordinance No. 11-2-407.D. (Uses Not Specifically
Permitted Or Listed in Districts) also states that "all uses in the Old
Town District have been stated as Conditional Uses."
1.3 To maintain compliance with the Comprehensive Plan, the project
should be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing and
intended character of the general vicinity and that such intended
conditional use will not change the essential character of the requests
that any approved tables and chairs not be constructed of resin or other
low quality materials. Applicant should maintain a high quality in the
appearance and orderliness of approved furniture.
1.4 The lack of a designated pedestrian crosswalk from the existing building
to the proposed seating area presents a safety concern, especially given
that the driveway customers would cross also serves as the driveway
entry to the service window.
1.5 The plan does not reflect a ramp or curb cut to allow handicap access to
RECOMMENDATION TO CITY COUNCIL - 2
— TODD MASON — MOXIE JAVA
CONDITIONAL USE PERMIT
the proposed seating area.
1.6 Tables and chairs should be situated no less than 2 feet from the inside
edge of sidewalk to permit adequate right-of-way along the property
boundary.
1.7 Temporary signage, banners, etc., are specifically prohibited.
Adopt the Meridian City Fire Department's Recommendation as follows:
1.8 The tables and chairs cannot block the exit doors and pathways.
The Planning and Zoning Commission further advises:
1.9 The Applicant maintain a 5 foot minimum for a walk way.
1.10 Outside seating must be located immediately to the north of the existing
building and limited to two tables.
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RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT — TODD MASON — MOXIE JAVA