HomeMy WebLinkAboutTop Shelf, LLC CUP-06-017
RECEIVED
JUL 1 7 2006
...
City Of Meridian '.' .... 1~t
CITY OF MERIDIAN City Clerk OeJvr'e;idi;';?'
FINDINGS OF FACT, CONCLUSIONS OF ID.\HO
LAW AND
DECISION & ORDER
In the Matter of a Request for a Conditional Use Permit for the moving of a liquor license
to 126 E. Idaho Avenue, by Doug and Stevie Beehler dba Top Shelf, LLC.
Case No(s). CUP-06-017
For the Planning & Zoning Commission Hearing Date of: July 6, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 6,2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 6, 2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 6,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 6,2006 incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9
lI-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO{S). CUP-06-0 17 - PAGE 1 of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Commission Chair and City Clerk and then a copy served by the
Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description, Site Plan, and the Conditions of
Approval all in the attached Staff Report for the hearing date of July 6,2006
incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code 9 II-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated
January 22,2005 is hereby conditionally approved; and,
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing:
a. This CUP-06-0I7 shall not run with the land, but shall be specifically granted
to the applicant, Top Shelf, LLC, at the site location of 126 E. Idaho Avenue.
If the corresponding catering business, Phoenix Catering Company, no longer
operates at this location then this permit is extinguished and the applicant
must re-apply. If the applicant moves from this location there is no waiver
established to allow for the alcohol establishment to be located in this space.
b. The applicant must comply with all State and City requirements for the
serving of alcohol and the maintenance of a liquor license.
c. The applicant must serve food at all times when alcohol is being served at this
location.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 6, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
I. Notice of Eighteen (I 8) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-0 17 - PAGE 2 of 4
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building pennits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code 9 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 approval 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.
F. Attached: Staff Report for the hearing date of July 6,2006
CITY OF MERJDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP.06-017 - PAGE 3 of4
By action of the Planning & Zoning Commission at its regular meeting held on the
day of ffVJ~} ) 200~
20~
COMMISSIONER MICHAEL ROHM
VOTED-!#A
COMMISSIONER DAVID MOE
VOTED~
VOTED~
VOTED~t
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER KEITH BORUP
COMMISSIONER DAVID ZAREMBA
(CHAIR)
VOTED~LP
~L('
CHAIRMAN DA-VID ZAREMBA
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Tara Green, Deputy City G.lerk\/(-6 ~{// j:'
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Copy served upon Applicant, TIle'Plarihirig.'Department, Public Works Department and City
Attorney.
By: $h a;) ff1 (:;rru'-H1
City Clerk
Dated:
O'l~'2{~o&
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-017 - PAGE 4 of 4
CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
IIl.\H()
STAFF REPORT
TO:
FROM:
Hearing Date: 7/6/2006
Planning & Zoning Commission
Jenny Veatch
Associate City Planner
208-884-5533
Top Shelf
. CUP-06~017
oW;;;;dia:1l
SUBJECT:
Conditional Use approval to move liquor license in Old Town, by Doug and
Stevie Beehler dba Top Shelf, LLC
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Top Shelf, LLC., is requesting a Conditional Use (CUP) approval to move their liquor
license from 127 E. Idaho Avenue to the site address of 126 E. Idaho Avenue. Top Shelf, LLC will
operate as the liquor catering arm of Phoenix Catering Company which also resides at 126 E. Idaho
Avenue.
2. SUMMARY RECOMMENDATION
Below, staff has provided detailed analysis for the requested Conditional Use application. Staff
recommends denial of the subiect application because it does not specifically comply with the provisions
of the UDC. However, we feel that the Commission may be able (through the public hearing process) to
better determine whether the proposed use is appropriate or not. Therefore, we have provided conditions
of approval in Exhibit B. On Julv 6. 2006 the Meridian Plannim! & Zonin!! Commission voted to
approve the subject application with the modified conditions in Exhibit B.
a. Summary of Public Hearings:
i. In favor: Stevie Beehler (Applicant)
ii. In opposition: None
iii. Commenting: MaryBeth LaVelle (Phoenix Catering Company)
iv. Staff presenting application: Jenny Veatch
v. Other staff commenting on application: Bill Nary
b. Key Issues of Discussion by Commission:
1. Unique character of the business and the applicant's use of a liquor license;
ii. In the case of this particular CUP, it should run with the user and the associated
catering company, and not with the land as standard.
c. Key Commission Changes to Staff Recommendation:
i. This CUP-06-0 17 shall not run with the land, but shall be specifically granted to
the applicant, Top Shelf, LLC, at the site location of 126 E. Idaho Avenue. Tfthe
corresponding catering business, Phoenix Catering Company, no longer operates
at this location then this permit is extinguished and the applicant must re-apply. If
the applicant moves from this location there is no waiver established to aIlow for
the alcohol establishment to be located in this space.
II. The applicant must comply with all State and City requirements for the serving
of alcohol and the maintenance of a liquor license.
Ill. The applicant must serve food at all times when alcohol is being served at this
location.
Top Shelf, LLC CUP-06-0 17
PAGEl
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JULY 6, 2006
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
06-017 as presented in the staff report for the hearing date of July 5, 2006, and the site plans
labeled The Phoenix Catering Company, 1 of 1, dated revised January 22,2005 with the
following modifications to the conditions of approval: (add any proposed modifications). I further
move to direct staff to prepare an appropriate fmdings document to be considered at the next
Planning and Commission hearing on July 20,2006.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-
017 as presented in the staff report for the hearing date of July 5,2006, for the following reasons:
(you must state specific reasons for denial.) I further move to direct staff to prepare an
appropriate findings document to be considered at the next Planning and Commission hearing on
July 20, 2006.
Continuance
I move to continue File Number CUP-06-0 17 to the hearing date of (insert continued hearing
date here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
126 E. Idaho Avenue Ion the north side ofE. Idaho Avenue, between N. Main Street. and
E. 2nd Street, Section 7, Township 3 North, Range I East
b. Owner:
Doug and Stevie BeeWer dba Top Shelf, LLC
556 W. Knob Hill Court
Eagle, ill 83616
c. Applicant:
Doug and Stevie Beehler dba Top Shelf, LLC
556 W. Knob Hill Court
Eagle, ill 83616
d. Representative: Stevie BeeWer
e. Present Zoning: Old Town
f. Present Comprehensive Plan Designation: Old Town
g. Description of Applicant's Request: The applicant, Top Shelf, LLC., is requesting a
Conditional Use (CUP) approval to move their liquor license from 127 E. Idaho Avenue to 126 E.
Idaho Avenue, which is the address for The Phoenix Catering Company. Top Shelf, LLC will
operate as the liquor catering arm of Phoenix Catering Company.
1. Date of CUP/Elevation site plan (attached in Exhibit A): January 22, 2005
h. Applicant's Statement/Justification: Top Shelf, LLC would like to move their liquor license
from 127 E. Idaho Avenue to 126 E. Idaho Avenue which is the address of The Phoenix Catering
Top Shelf, LLC CUP-06-017
PAGE 2
CJTYOF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
Company. Top Shelf would operate as the liquor catering arm to The Phoenix Catering Company.
Drink(s) would be served on the premises to meet the required statute that "premises be approved
to serve a drink." However, hour(s) of operation would be by appointment only from 4 p.rn. to 7
p.rn., excluding Wednesday and Sunday.
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions ofUDC 11-5B-6, a public hearing is required before
the City Council on this matter.
b. Newspaper notifications published on: June 19th and July 3rd, 2006
c. Radius notices mailed to properties within 300 feet on: June 9th, 2006
d. Applicant posted notice on site by: June 26th, 2006
6. LAND USE
a. Existing Land Use(s): Commercial, Old Town.
b. Description of Character of Surrounding Area: This area is in the downtown core area zoned
Old Town. The area consists of existing buildings, the majority of which are commercial,
parking lots, and a few single family residences.
c. Adjacent Land Use and Zoning:
1. North: Existing commercial buildings and parking lots, and single family residence,
zoned 0- T
2. East: Existing commercial buildings, zoned 0- T
3. South: Existing commercial buildings, zoned O-T
4. West: Existing religious organization (Christian Science Reading Room) and
commercial buildings, zoned O-T
d. History of Previous Actions: None
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Issues or concerns:
Services already run to this building pad.
Services already run to this building pad.
None.
2. Vegetation: N/ A
3. Flood plain: N/ A
4. CanalslDitches Irrigation:
5. Hazards: N/A
6. Existing Zoning: 0- T
7. Size of Property: 1,400 square feet (Phoenix Catering Company)
f. Conditional Use Information:
N/A
1. Non-residential square footage: 300 square foot area within building
2. Existing building height: N/ A
Top She]t~ LLC CUP-06-017
PAGE 3
CfTY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
3. Number of Residential units: 0
g. Off-Street Parking:
1. Parking spaces required: 2
2. Parking spaces proposed: 0
3. Compact spaces proposed: 0
4. Off-site parking proposed: 0
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the building will be from the front entrance facing E. Idaho Avenue. The site is an existing
building and commercial business (Phoenix Catering Company). Top Shelf, LLC is not
expected to generate enough traffic to warrant adding additional parking. There is on street
parking and a two-hour-maximum public parking lot available adjacent to the property.
7. COMMENTS MEETING
On June 16, 2006 Plarming Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff
has included all comments and recommended actions as Conditions of Approval in the attached
Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. Old
Town is defined as follows: "This includes the historic downtown and the true community center.
Uses would include offices, retail and lodging, theatres, restaurants, and service retail for
surrounding residents and visitors. A variety of residential uses could include reuse of existing
buildings for residential uses, new construction of multi-family residential over ground floor
retail or office uses. In order to provide and accommodate preservation of the historical character,
specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public
investment to ensure that Old Town becomes a centralized activity center with public, cultural,
and recreational structures would be encouraged. The boundary of the Old Town district
predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street
were incorporated into the boundary to encourage similar uses and complimentary design of the
facing houses and buildings." Staff finds that the proposed Conditional Use complies with the
applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth
therein.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics):
· Develop programs to attract customer oriented businesses and encourage pedestrian uses
downtown. (Chapter V Goal II Obj ective A Action I.)
· Staff finds that the transfer of the liquor license to a catering company does not attract
high customer traffic or pedestrian use to Old Town. It is intended morefor off-site use at
the customer's discretion. The transfer does supplement the existing catering use.
Although the catering use does not specifically attract customers to its location, it can be
a useful addition to the types of business in Old Town. For example, it could cater events
in office buildings or other venues.
· Support compatible uses which will attract a high daytime and nighttime population to the
downtown area. (Chapter V Goal II Objective A Action 3.)
Top Shelf, LLC CUP-06-0 17
PAGE 4
CITY OF MERfDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
· Staff finds that this use cannot attract large numbers of people to its site because Top
She{{, LLC will be conditioned to limit its hours due to its proximity to a religious
organization. Again, the liquor license supplements the existing catering use which can
attract numbers to other venues in Old Town.
· Develop and support downtown cultural activities and events. (Chapter V Goal II Objective A
Action 4.)
· StajJ finds that the catering business with associated liquor license can support
downtown cultural activities and events.
· Adopt policies that will promote the downtown district as a prime location for a mixed
residentiaVcommercialliving opportunity. (Chapter V Goal II Objective A Action 11.)
· The proposed use shares facilities on the ground floor structure. Commercial uses are
appropriate on the groundfloor level.
· Staff has included conditions within Exhibit B that should make this use more compatible
with the surrounding uses.
· Staff believes that the proposed transfer of the liquor license is consistent with the
Comprehensive Plan. Staff recommends that the Commission and Council rely on any
verbal or written testimony that may be provided at the public hearing when determining
if the applicant's request is appropriate for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC Table 11-2D-21ists the pennitted, accessory, and
conditional uses in the O-T zoning district. Liquor licenses (drinking establishments) are a
conditional use in the O-T zone.
b. Purpose Statement of Zone: The purpose of the O-T District is to accommodate and
encourage further intensification of the historical city center in accord with the Meridian
Comprehensive Plan. The intent of the OT District is 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. Public and quasi-public uses integrated with general business,
and medium-high to high-density residential is encouraged to provide the appropriate mix and
intensity of activities necessary to establish a truly urban city center.
c. General Standards: No new construction or exterior modifications are being requested for the
proposed development, therefore it is not subject to an Administrative Design Review. There are
drinking establishment standards listed in UDC 11-4-3.10. Analysis of these specific use
standards are provided in Section 10 below.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
APPLICABLE CODE
S1Jecific Use Standards for Drinking Establishments:
UDC 11-4-3.10 lists the following standards for Drinking Establishments:
A. The facility shall comply with aU Idaho Code regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages.
B. The drinking establishment shall not be located within 300 feet of a property used for
a church or education service. Nor shall the drinking establishment be located within
1,000 feet of an adult entertainment establishment.
Top Shelf, LLC CUP-06-0 17
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
C. For properties abutting a residential district, no outside activity or event shall be
allowed on the site, except in accord with Chapter 3 Article E TEMPORARY USE
REQUIREMENTS of this Title.
Other UDC provisions:
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-5B-l A). To ensure that all of the conditions of approval listed in
Exhibit B are complied with, the applicant should be required to obtain a CZC permit and
occupancy from the Planning Department.
Standards in the Old Town District (O-T) (UDC 1I-2D-4D3) This application does not trigger
the need for design review because it is not new construction or exterior modifications.
Idaho State Statutes for Alcoholic Beverages, Title 23:
23-942 CHAPTER 9: RETAIL SALE OF LIQUOR BY THE DRINK- DEFINITIONS
The following definitions shall apply in the interpretation of the enforcement of this act:
(a) "Licensee" shall mean any person licensed to sell liquor by the drink at retail
pursuant to the provisions of chapter 9, title 23, Idaho Code, and any person licensed to
sell beer for consumption on the premises where sold pursuant to the provisions of
chapter 10, title 23, Idaho Code, or county or municipal ordinance.
(b) "Place," as used in this act, means any room of any premises licensed for the sale of
liquor by the drink at retail wherein there is a bar and liquor, bar supplies and equipment
are kept and where beverages containing alcoholic liquor are prepared or mixed and
served for consumption therein, and any room of any premises licensed for the sale of
beer for consumption on the premises wherein there is a bar and beer, bar supplies and
equipment are kept and where beer is drawn or poured and served for consumption
therein.
(c) "Restaurant," as used in this act, means any restaurant, cafe, hotel dining room,
coffee shop, cafeteria, railroad dining car or other eating establishment having kitchen
and cooking facilities for the preparation of food and where hot meals are regularly
served to the public.
23-913 CHAPTER 9: RETAIL SALE OF LIQUOR BY THE DRINK- LICENSEE NOT
ALLOWED NEAR CHURCHES OF SCHOOLS-- EXCEPTIONS
No license shall be issued for any premises in any neighborhood which is predominantly
residential or within 300 feet of any public school, church, or any other place of worship,
measured in a straight line to the nearest entrance to the licensed premises, except with
the approval of the governing body of the municipality; provided, that this limitation shall
not apply to any duly licensed premises that at the time of licensing did not come within
the restricted area but subsequent to licensing same [came J therein.
23-1011B. CHAPTER 10: BEER- BARS OR TAVERNS NOT ALLOWED NEAR
CHURCHES OR SCHOOLS-EXCEPTIONS
No license shall be issued for any place where beer is sold or dispensed tp be consumed
on the premises, whether conducted for pleasure or profit, that is within three hundred
Top Shelf, LLC CUP-06-0 17
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
(300) feet of any public school, church, entrance to the licensed premises, except with the
approval of the governing body of the municipality; provided, that this limitation shall
not apply to any duly licensed premises that at the time of licensing did not come within
the restricted area but subsequent to licensing same came therein.
Idaho State Statutes for Revenue and Taxation, Title 63:
63-6028. CHAPTER 6: EXEMPTIONS FROM TAXATION- PROPERTY EXEMPT FROM
TAXATION-RELIGIOUS CORPORATIONS OR SOCIETIES
The following property is exempt from taxation: property belonging to any religious
corporation or society of this state, used exclusively for and in connection with public
worship, and any parsonage belonging to such corporation or society and occupied as
such, and any recreational hall belonging to and used in connection with the activities of
such corporation or society; and this exemption shall extend to property owned by any
religious corporation or society which is used for any combination of religious worship,
educational purposes and recreational activities, not designed for profit.
b. Staff Recommendation: Staff is limited in the ability to make use determinations. In this
instance, we have a liquor license transfer that must be treated like a new drinking establishment
use. We also have a Christian Science Reading room that must be treated like a religious
organization. Neither use fits its respective designation very well, but they are the closest
designation. The UDC does not allow a drinking establishment to be established within 300 feet
of a church; therefore staff is recommending denial.
However, as a quasi-judicial organization, the Planning and Zoning Commission has greater
latitude in making use determinations. The transfer of the liquor license of Top Shelf, LLC to 126
E. Idaho will subsequently place it within 300 feet of the Christian Science Reading Room. The
intentional use of the license is to work in conjunction with the Phoenix Catering Company and
not as a drinking establishment. If the Phoenix Catering Company qualified as a restaurant, then
there would not be a separation standard. Because Phoenix catering does not regularly serve
meals to the public at that location, it does not qualify as a restaurant.
The state language gives more latitude in approving a drinking establishment next to a church; it
allows such "with the approval of the governing body of the municipality." (Idaho State Statute
Title 23 Chapter 9 (23-913) and Chapter 10 (23-1011B). Our UDC separation standard is actually
based on the Idaho State Statutes as noted above. However, the UDC approved by City Council
revised the state law by removing the exception.
On Julv 6. 2006. the Meridian Plannin!! & Zonin!! Commission voted to approve the subiect
application. with the modified conditions in Exhibit B.
11. EXHIBITS
A. Drawings
1. Date of CUP/Elevation Site Plan: January 22, 2005
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
Top Shelf, LLC CUP-06-0 17
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
5. Sanitary Services
6. Ada County Highway District
C. Required Findings from Unified Development Code
Top Shelf, LLC CUP-06-0 17
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
A. Drawings
1. CUP (Phoenix Catering Co.) Site/Elevation Plan (dated revised January 22,2005)
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Exhibit A Page I
ClTYOF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JULY 6, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The hours of operation for this business shall be limited to the minimum required by Idaho
Statute to maintain a liquor license. The applicant has proposed minimal business hours and by
appointment only. The applicant has also stated that Top Shelf, LLC will not operate on
Wednesdays and Sundays, as well as any other days or hours the law does not allow the sale of
alcohol. Those commitments shall be conditions of approval for this application. The applicant
must complv with all State and City reQuirements for the servine of alcohol and the
maintenance of a liQuor license.
1.2 The applicant must serve food at all times when alcohol is beine served at this location.
1.3 This CUP-06~017 shall not run with the land, but shall be specificallv eranted to the
applicant, Top Shelf. LLC, at the site location of 126 E. Idaho Avenue. If the correspondine
caterine business. Phoenix Caterine Company, no loneer operates at this location then this
permit is extineuished and the applicant must re-applv. If the applicant moves from this
location there is no waiver established to allow for the alcohol establishment to be located in
this space.
1.4 To ensure that all of the conditions of approval for CUP-06-017 are complied with, the applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC), and occupancy, from the
Planning Department prior to operation.
1.5 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use approval must be obtained prior to operation.
2. PUBLIC WORKS DEP ARTM ENT
2.1 Public Works Department has no comments related to the site design submitted with the
application.
3. FIRE DEPARTMENT
3.1 All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code. Site must pass fire inspection.
4. POLICE DEPARTMENT
4.1 The transfer of the liquor license does not create a use that serves the best interest of the City.
The Police Department would prefer a more traditional use that would serve the public better.
5. SANITARY SERVICES
5.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they
intersect a public street.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Prior to final approval you will need to submit plans to the ACHD Development Review
Department.
6.2 A traffic impact fee may be assessed by ACHD and will be due prior to issuance of a building
permit. Contact ACHD Planning and development Services at 387-6170 for information
regarding impact fees.
Exhibit B Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
C. Required Findings from Unified Development Code
CUP Findings:
The Commission shall base its determination on the Conditional Use request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
If the Commission finds that the proposed use sl:ould be treated as a drinking establishment, then
the use cannot meet tho soparation stanGai'd listed in the specific use standards. The Commission
finds that the proposed use is more of an accessory use to the catering business, and the proposed
use on this site can accommodate and meet all dimensional and development regulations for the
transfer of a liquor license. Since the license will be used as the liquor catering arm for a catering
business and not for a drinking establishment the site does not require a large site. Liquor will be
stored in a locked cabinet on site.
Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in Old
Town (UDC 11-3C-6). Per this requirement, one stall would be required. The Commission finds
that the project should have adequate existing parking available and no additional parking is
necessary for this use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the designated Comprehensive Designation for this property is Old
Town. The property is existing O-T and is consistent with the Comprehensive Plan for this area.
The proposed use is generally harmonious with the requirements of the UDC (see Section 10,
Analysis above for more information regarding the requirements for drinking establishments in
City Code.)
3. That the designl construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission is supportive of the site plan design; this is an existing building and no
construction or modifications are proposed. The intended use of the liquor license is not for a
drinking establishment, will only serve the minimum required to maintain the license by state
statute, and will have minimal hours of operation.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the proposed liquor license transfer will not adversely affect other property in the area. By Idaho
State Statute Title 23 Chapter 9 (23-913) and Chapter 10 (23-1011B), the governing body of the
municipality may approve the transfer of the liquor license to the site, though the entrance to the
site is within 300 feet of a religious organization. The Commission should rely upon any public
Exhibit C Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
testimony provided to determine if the development will adversely affect the other property in the
vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Sanitary Services Corporation and ACHD. Based on comments from
other agencies and departments, the Commission finds that the proposed use will be served
adequately by all of the public facilities and services listed above.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare ofthe community.
The Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds that traffic will not increase with the approval of the liquor license transfer
to this location and does not believe that any amount generated will be detrimental to the general
welfare ofthe public. The Commission does not anticipate the proposed use will create excessive
noise, smoke, fumes, glare, or odors. The Commission finds that the proposed use will not be
detrimental to people, property or the general welfare of the area.
8. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the transfer of this liquor license. The Commission finds that the proposed use
will not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
Exhibit C Page 2