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Wild West Bakery CUP BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WILD WEST BAKERY AND ESPRESSO 611 E. 1 ST ST, MERIDIAN, IDAHO APPLICATION FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearings on June 17, 1998 and continued to July 14, 1998, at the hour of 7:00 o'clock p.m., that Carolyn Jansen, the Petitioner, appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for June 17, 1998 and continued to July 14, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the hearing June 17 1998, continued to July 14, 1998; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 2. The property is located wi thin the City of Meridian at 611 E. 1st St. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. 3. The Applicant is not the owner of the property; that the owner of record of the property is Zamzow's, Rick Zamzow, President; that the owner had submitted a consent to this application. 4. That the Application requests a conditional use permit for table and chairs on the sidewalk out in front of their business. 5. That the property is zoned Old Town (OT). 6. That the Old Town (OT) District is described in the Zoning Ordinance, 11-2-408 B 14 as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 7. That the land is presently used as a florist shop and a bakery and espresso shop. 8. The matter was continued from the June 17, 1998 hearing, WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 until July 14, 1998. 9. The testimony given at the July 14, 1998, hearing as follows. 10. Carolyn Jansen was sworn in by the Assistant City Attorney. Ms. Jansen testified that she desires to put tables and chairs outside her business. She noted she wants them out right away. Customers are inquiring when they will be able to sit outside. She presented some drawn pictures, and also noted that the has talked with the ACHD. She also has the license agreement going. Commissioner Borup only noted that the only concern of anyone is that it doesn't block the sidewalk. He also noted Ms. Jansen had already indicated it in her plan, and there would be room. Ms. Jansen testified that the Planning and Zoning Commission wanted 8.5 feet; that the ACHD wanted 8 feet, and she has allowed for 9 feet. 11. The Meridian Planning and Zoning Administrator, Shari Stiles, and the Assistant to the City Engineer, Bruce Freckleton submitted comments as follows: 1. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All Signage shall receive design approval of the Planning & Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. The signage proposed is not in conformance with existing policy and the Uniform Sign Code. 2. Screened trash accordance with enclosures are City Ordinance. to be provided in Coordinate dumpster WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. The existing dumpster site needs to be enclosed in accordance with City Ordinance. 3. A minimum five foot wide unobstructed pathway is to provided at all times between any planters and the outside seating area. 4. Sanitary sewer and water to this facility would be via the existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter in to an Assessment Agreement with the City of Meridian. 5. This conditional use permit shall be subj ect to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owners/tenants. 12. Meridian Chief of Police, Bill Gordon expressed concern about blockage of the sidewalk and who would be checking on preventing the blockage of the sidewalk. 13. The Central District Health Department had no objection to this project in a response dated May 28, 1998. 14. There was no further testimony given at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4. conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 4. The property is currently zoned (OT) Old Town which is described in the Zoning Ordinance, 11-2-408 b 14 as follows: (OT) (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the communitYi to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho, as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district.n 6. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 7. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Commission shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use shall be designed and shall be constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District shall be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service and the Applicant shall connect to such at its expense. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required and the parking layout must meet the requirements of the City ordinance and should provide for additional parking beyond the ordinance requirements. i. The development and uses will not result in the WILD WEST BAKERY &. ESPRESSO CONDITIONAL USE FINDINGS OF FACT &. CONCLUSIONS OF LAW Page - 6 destruction, loss or damage of a natural or scenic feature of major importance. 8. This application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 9. It is further concluded that the comment s , recommendations and requirements of the City Engineer, Planning Director, Ada County Highway District, and other governmental agencies, shall be met and complied with. 10. It is concluded that the Applicant shall be required to meet the requirements of the (OT) Old Town District. 11. It is recommended that the conditional use permit be granted. WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Borup VOTED ~~ V COMMISSIONER Smith VOTED ~L4V COMMISSIONER de Weerd VOTED ~~ COMMISSIONER Nelson VOTED r-~~ CHAIRMAN MacCoy(TIE BREAKER) VOTED 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 for outside seating with the conditions set forth in the Findings of Fact and Conclusions of Law, and all of the Ordinances of the City of Meridian. MOTION: DISAPPROVED: WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this /8' ~ay of I7u.;uSf- , 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED (~ VOTED ~... VOTED~ VOTED ~A MAYOR CORRIE (TIE BREAKER) VOTED (I N ITIAL) APPROVED ~ "" DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Ca P tv/fa tt/eJ-I- /34i.ef-'j ~ 62vvrJl'd.e r::Ff:c:uf-r~1