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
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