HomeMy WebLinkAboutThe Bruery H-2024-0013 Findings CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ",A H O
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for The Bruery,Located at 1184 S.
Silverstone Way in the C-G Zoning District,by Elizabeth Allen,Ball Ventures Ahlquist.
Case No(s).H-2024-0013
For the Planning& Zoning Commission Hearing Date of: July 18,2024 (Findings on August 1,
2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 18,2024, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 18,2024,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 18,2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 18,2024, incorporated by reference)
B. Conclusions of Law
1. 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 April 19,2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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 Chairman of the Commission 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.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). The Bruery H-2024-0013
Page 1 F581
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of July 18,2024, 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 § I I-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for a Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of July 18,2024,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
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 permits 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
signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two (2)years 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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28) days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of July 18, 2024.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). The Bruery H-2024-0013
Page 2 F59]
By action of the Planning&Zoning Commission at its regular meeting held on the 1 St day of
August ,2024.
COMMISSIONER ANDREW SEAL VOTED
COMMISSIONER MARIA LORCHER, CHAIR VOTED
COMMISSIONER BRIAN GARRETT VOTED
COMMISSIONER JARED SMITH VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MATTHEW SANDOVAL VOTED
COMMISSIONER ENRIQUE RIVERA VOTED
Maria Lorcher,Chair 8-1-2024
Attest:
Chris Johnson, City Clerk 8-1-2024
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
8-1-2024
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). The Bruery H-2024-0013
Page 3 60
STAFF REPORT C�I
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COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 7/18/2024 Legend
DATE:
ElProject Location
TO: Planning&Zoning Commission j' •'
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FROM: Linda Ritter,Associate Planner
208-884-5533
SUBJECT: H-2024-0013
The Bruery- CUP
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LOCATION: 1184 S. Silverstone Way
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I. PROJECT DESCRIPTION
The applicant has applied for a conditional use permit(CUP)to allow a drinking establishment
occupying 1,829 square feet within an existing 11,000 square foot shell building in the Eagle View
Retail East Building with 5,287 square feet of fenced in outdoor patio area.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.06 acres
Future Land Use Designation Mixed Use Regional(MU-RG)
Existing Land Use(s) Existing commercial building
Proposed Land Use(s) Drinking Establishment
Neighborhood meeting date;#of April 22,2024—No attendees
attendees:
History(previous approvals) Ordinance#719(Annexation);H-2018-0126(Preliminary Plat;
DA Inst.#2019-037825);H-2019-0005 FP-2019-0128;H-
2019-0081 (MDA DA Inst.#2019-088365);A-2019-0389
(CZC/DES)
Page 1
61
B. Community Metrics
Description Details Page
Ada County Highway District See Staff Report
Access(Arterial/Collectors/State Access will occur from S. Silverstone Way a commercial
Hwy/Local)(Existing and Proposed) collector.
Existing Road Network Yes
Fire Service No comments submitted
Police Service No comments submitted
Wastewater
• Distance to Sewer Existing sewer service
Services
• Sewer Shed Five Mile Trunkshed
• WRRF Declining Balance 13.68
• Project Consistent with Yes
WW Master Plan/Facility
Plan
• Comments • Flow is committed
• No proposed changes to public sewer infrastructure within record.Any
changes shall be reviewed and approved by Public Works.
Water
• Distance to Water Services Existing water service
• Pressure Zone 4
• Water Quality No
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • No changes to public water infrastructure proposed
Page 2
62
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III. APPLICANT INFORMATION
A. Applicant:
Elizabeth Allen—Ball Ventures Ahlquist, 1144 S. Silverstone Way, Suite 510,Meridian ID
83642
B. Owner:
BVABC Eagle View Retail East Building, LLC— 1144 S Silverstone Way Ste 500, Meridian ID
83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 7/2/2024
Radius notification mailed to 6/25/2024
properties within 300 feet
Site Posting Date 6/20/2024
NextDoor posting 6/25/2024
V. COMPREHENSIVE PLAN(HTTPS✓/WWW.MERIDIANCITY.ORGICOMPPLAN):
A. Future Land Use Map Designation(https:llwww.meridiancitE.or /g compplan)
Mixed Use Regional-The purpose of this designation is to provide a mix of employment,retail,
residential dwellings, and public uses near major arterial intersections. The intent is to integrate a
variety of uses together,including residential, and to avoid predominantly single use
developments such as a regional retail center with only restaurants and other commercial uses.
Sample zoning includes: R-15,R-40, TN-C, C-G, and M-E
The subject site is already zoned General Retail and Service Commercial District(C-G). The
proposed use will be leasing approximately 1,829 sf within a 11,000-sf building in which the
certificate ofzoning compliance and design review was reviewed and approved(A-2019-0385 as
part of the Eagle View Retail Landing Complex. This complex was developed with office,
medical, hotel, retail, outdoor recreational facilities, residential and now the proposed drinking
establishment. The drinking establishment within the larger commercial complex is exactly the
type of local neighborhood serving use envisioned by the Comprehensive Plan. Pathways connect
this complex to the adjacent neighborhood for better integration. The proposed drinking
establishment is a use determined to be appropriate in this zoning district, subject to the specific
use standards listed in UDC 11-4-3-10(discussed in specific use standards below).
Page 4
64
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in
italics):
• Create positive,vibrant, and accessible commercial activity centers within the
community. (2.09.00)
The proposed drinking establishment will be located within an existing building that is
surrounded by commercial buildings and residential units. Pathways and sidewalks
connect the drinking establishment to the adjacent businesses and neighborhoods.
• Preserve private property rights and values by enforcing regulations that will prevent and
mitigate against incompatible and detrimental neighboring uses. (3.05.01 C)
The conditional use is a process to ensure any impacts associated with a particular use
are mitigated. Based on the applicant's narrative, staff is recommending the operating
hours of the establishment be limited to Monday through Thursday from 12PM to 9PM,
Friday and Saturday from 12PM to IOPM and Sunday from 12PM to 8PM. To further
reduce impacts on adjacent residential properties staff recommends a condition of
approval that all outdoor seating and events associated with this use be limited to the
5,287 square feet fenced area.
• Plan for an appropriate mix of land uses,connectivity, livability, and economic vitality.
(3.06.02)
As mentioned above, the applicant is proposing the hours of operations for the drinking
establishment to be Monday through Thursday from 12PM to 9PM, Friday and Saturday
from 12PM to IOPM and Sunday from 12PM to 8PM. Staff has no objection to the
proposed hours as UDC 11-2B-3B allows businesses in the C-G zoning district to
operate from 6AM to 11PM. This will be a condition of the CUP permit. The building
and site design have already been approved through Certificate of Zoning Compliance
(CZC)and Design Review(DES)A-2019-0389 and no additional outdoor improvements
are proposed with this project other than fencing the outdoor seating area.
• Encourage and support mixed-use areas that provide the benefits of being able to live,
shop, dine,play,and work in close proximity,thereby reducing vehicle trips,and
enhancing overall livability and sustainability. (3.06.02B)
The subject site is located within Eagle View Landing Complex, a 73-acre mixed-use
development that includes office, hospitality, medical, commercial, and residential uses.
Some of the specific uses in the development include Top Golf, Hyatt Place, Houston Hot
Chicken, Kiln, ICCU headquarters, and RockBox Fitness. The proposed use will enhance
the area by providing additional service to support the live, shop, dine,play, and work.
The proposed use includes a tasting room with indoor and outdoor seating, creating an
enjoyable space to socialize within the existing mixed-use development. The proposed use
is within walking distance of residential, hospitality, and office uses, which will reduce
vehicle trips and enhance the overall livability and sustainability of the area. The retail
component of the use includes bottles to-go and merchandise for purchase.
• Require appropriate building design, and landscaping elements to buffer, screen,beautify,
and integrate commercial,multifamily, and parking lots into existing neighborhoods.
(5.01.02D)
Page 5
65
The Bruery will be operated within an existing retail building that has received CZC and
DES approval(A-2019-0389)for its building design,parking lot improvements, and
landscaping. A new CZC and DES were submitted and reviewed for the outdoor patio
area. Staff has reviewed and will approve the CZC with the approval of the requested
CUP. No changes to the existing building design or landscaping elements are proposed.
VI. STAFF ANALYSIS
A. Existing Structures/Site Improvements:
The proposed business will be a tenant within the existing Eagle View Landing Retail Building
and will occupy Suite 1. This building was approved in 2019 through CZC and DES A-2019-
0389.
B. Proposed Use Analysis:
The proposed use will be a drinking establishment with a leasing area of 1,829 square feet within
an existing commercial building. The leasing area will consist of a tasting area, a private tasting
area with barrel racks, a merchandise wall for retail, cold storage, dry storage/janitor, a men's
restroom, and a women's restroom. Fencing is proposed along the northern side of the building
that circles around the outdoor space. The fenced outdoor uncovered space is approximately
5,287 square feet in size.
The drinking establishment will operate Monday through Thursday from 12PM to 9PM, Friday
and Saturday from 12PM to IOPM and Sunday from 12PM to 8PM. The proposed use complies
with the zoning for the site but is subject to specific use standards as listed in 11-4-3-10.
C. Specific Use Standards(UDC 11-4-3):
UDC 11-4-3-10 allows drinking establishments with several limitations.
A. The facility shall comply with all Idaho Code regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages.
B. If a drinking establishment or expansion of such use is located within three hundred
(300)feet of a property used for a church or any other place of worship, or any public or
private education institution, it may be allowed with the approval of the decision-making
body set forth in Chapter 5 of this title.
Not within three hundred(300)feet of a property used for a church or any other
place of worship, or any public or private education institution.
C. A drinking establishment shall not be located within one thousand(1,000)feet of an adult
entertainment establishment, as defined in Chapter 1,Article A, "definitions,"of this title.
0 Not located within one thousand(1,000)feet of an adult entertainment establishment
D. 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.
• Property does not abut a residential district.
E. At a minimum, one(1)parking space shall be provided for every two hundred fifty(250)
square feet of gross floor area. Upon any change of use for an existing building or tenant
Page 6
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space, a detailed parking plan shall be submitted that identifies the available parking for
the overall site that complies with the requirements of this title.
• There is sufficient parking for the proposed drinking establishment.
D. Dimensional Standards(UDC 11-2):
This use will occupy a tenant space within an existing commercial building. The development was
found to adhere to dimensional standards during the review of Certificate of Zoning Compliance
and Design Review which was issued in 2019 (CZC, DESA-2019-0389).
E. Access(UDC 11-3A-3, 11-3H-4):
Access to this development is via S. Silverstone Way which was approved with the Rackham
Subdivision (FP-2019-0128).
F. Parking(UDC 11-3C):
UDC 11-3C-5B requires one space for two hundred and fifty(250)square feet ofgross floor
area. This amounts to seven (7)parking spaces for the 1,829 square feet tenant space and twenty-
one(21)spaces for 5,287 square feet of outdoor seating area for a total of twenty-eight(28)
parking spaces. One hundred and forty-eight(148)parking spaces for the entire building has
already been approved per the Eagle View East Retail Building CZC. The UDC requires 2
bicycle parking spaces for the development; bicycle parking was approved with the CZC and
constructed with the development.
G. Sidewalks(UDC 11-3A-17)
Detached sidewalks already exist along E. Flatiron Lane and adjacent to the building on S.
Silverstone Way. There are sidewalks and pathways that connect to the nearby residential and
commercial developments in the area.
Parkways
No parkways are proposed with this project.
H. Landscaping(UDC 11-3B):
There is an existing landscaping buffer along S. Silverstone Way and E. Flatiron Lane, which
was installed with the development of the building and complex. Landscape islands have been
installed for approved parking lot and installed for the outdoor plaza area.
I. Fencing(UDC 11-3A-6, 11-3A-7):
The applicant is proposing to install a four(4)foot iron rod fence for the enclosed outdoor
seating area.
J. Utilities
All utilities for the proposed development are already in place. No additional services are
needed.
K. Building Elevations
The building elevations were approved as part of the CZC, DESA-2019-0389 review in 2019. No
exterior work other than installing the fence around the outdoor seating area is being proposed.
The fence is being reviewed with CZCA-2024-0048.
Page 7
67
VII. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on July 18,2024. At the public
hearing.the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing:
a. In favor: Elizabeth Allen.Applicant
b. In opposition:None
C. Commenting: None
d. Written testimony: None
e. Staff presenting application: Linda Ritter.Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission.
a. None
4. Commission change(s)to Staff recommendation:
a. None
Page 8
68
VIII. EXHIBITS
A. Site Plan(3/15/24)
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B. Approved Landscape Plan(CZC, DES A-2019-0389 11/1/19)
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Page 10
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C. Approved Elevations(CZC,DES 2019-0389, 10/31/19)
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D. Floor Plan(3/15/24)
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E. Site Photos (3/15/24)
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Overall View of the Area for the Drinking Establishment
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Parking Lot for the Building in which the Proposed Drinking Establishment will be Located
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Overview of the Eagle View Retail Parking Lot
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. A Certificate of Zoning Compliance(A-2024-0048)for the installation of the proposed fence for
the outdoor seating area has been reviewed and approved.
2. Applicant shall comply with all previous conditions associated with development of this site
including Ordinance#719 (Annexation); H-2018-0126 (Preliminary Plat; DA Inst. #2019-
037825); H-2019-0005 FP-2019-0128; H-2019-0081 (MDA DA Inst. #2019-088365);A-2019-
0389 (CZC/DES).
3. Outdoor seating and events associated with the use shall be restricted to the 5,287 square foot
fenced area shown on the site plan in section VII. Exhibit,Exhibit A.
4. As set forth in UDC 11-213-313,hours of operation shall be restricted to 6:00 a.m. to 11:00 p.m.
5. Parking requirements associated with the drinking establishment shall comply with the
commercial parking standards: 1 per 250 square feet of gross floor area.
6. The Applicant shall comply with the outdoor service and equipment area standards as set forth in
UDC 11-3A-12.
Page 17
77
7. The Applicant shall comply with the structure and site design standards as set forth in UDC 11-
3A-19.
8. Applicant shall comply with all specific use standards required for a drinking establishment,UDC
11-4-3-10.
9. Protect the existing landscaping on the site during construction,per UDC 11-313-10.
10. Outdoor lighting shall comply with the standards listed in UDC 11-3A-11.
11. The Applicant shall have a maximum of two(2)years to commence the use as permitted in
accord with the conditions of approval. If the use has not begun within two(2)years of approval,
a new conditional use permit must be obtained prior to operation or a time extension must be
requested in accord with UDC 11-5B-6F.
B. Public Works
Site Specific Conditions of Approval
1. Owner has signed an agreement that allows removable fence inside the City Utility easement.
General Conditions of Approval
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department.
2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way(include all water services and hydrants). Sewer/water easement varies depending on sewer
depth. Sewer 0-20 ft deep require a 30 ft easement, 20-25 ft a 40 ft easement, and 25-30 ft a 45 ft
easement. Ensure no permanent structures (trees,bushes,buildings, carports,trash receptacle
walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. Submit
an executed easement(on the form available from Public Works),a legal description prepared by
an Idaho Licensed Professional Land Surveyor,which must include the area of the easement
(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B)
for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment
of street addressing to be in compliance with MCC.
6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in
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the development,and if so,how they will continue to be used, or provide record of their
abandonment.
8. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections(208)375-5211.
9. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures.
10. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
11. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
12. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
15. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project,the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
18. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy
of the standards can be found at http://www.meridianciiy.org//public_works.aspx?id=272.
19. The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
20. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety,which can be found on the
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Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. Ada County Highway District(ACHD)
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way(including
all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-
way(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
3. In accordance with District policy, 7203.3,the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Public Right-of-Way
Accessibility Guidelines(PROWAG)requirements. The applicant's engineer should provide
documentation of compliance to District Development Review staff for review.
4. Replace any existing damaged curb,gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 208-387-6280
(with file number)for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE(1-811-342-1585)at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits(spare or filled) are compromised during
any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 208-387-6258 (with file numbers)
for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual,ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein.An engineer registered in the State of Idaho
shall prepare and certify all improvement plans.
10. Construction,use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD.
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12. If the site plan or use should change in the future,ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time.Any
change in the planned use of the property which is the subject of this application, shall require
the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that
time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
D. New York Irrigation District
https://weblink.meridianciiy.orzlWebLinkIDocView.aspx?id=349866&dbid=0&repo=MeridianCity
E. Kuna Schools
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=349956&dbid=0&repo=MeridianCib�
F. Department of Environmental Quality(DEQ)
https://weblink.meridianciN.oEgjEebLinkIDocView.aspx?id=352868&dbid=0&repo=MeridianCiU
G. Nampa&Meridian Irrigation District(NMID)
https://weblink.meridianciiy.orglWebLinkIDocView.aspx?id=353878&dbid=0&repo=MeridianCity
X. FINDINGS
A. Conditional Use Permit
The Commission shall base its determination on the conditional use permit 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.
The use will be located within the Suite I tenant space of an existing 11,000 square foot shell
building that has received Certificate of Zoning Compliance (CZC) and Administrative Design
Review(DES)approval(A-2019-0389). The approved configuration with parking, landscaping,
and multi-tenant building site has been completed and meets all City requirements.148 parking
spaces have been provided to accommodate all uses of the building, exceeding the requirement of
one(1)space for every five hundred(500)square feet of gross floor are a for commercial uses
and one (1)space for every two hundred fifty(250)square feet of gross floor area for a drinking
establishment use. The site meets all dimensional and development regulations in the C-G zoning
district. The site is already developed with adequate landscape buffers, setbacks, and parking.
Stafffinds the site is large enough to accommodate the proposed use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord
with the requirements of this title.
The Comprehensive Plan identifies this area for Mixed Use Regional. Providing a mix of
employment, retail, residential dwellings, and public uses near major arterial intersections.
Integrating a variety of uses together, including residential, and to avoid predominantly single
use developments such as a regional retail center with only restaurants and other commercial
uses. A drinking establishment within the commercial development with outdoor seating is the
type of commercial use envisioned by the Plan.
3. That the design, 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.
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The design of the Eagle View Landing Retail Center was approved in 2019 by CZC and DES A-
2019-0389 and the proposed use is one of the tenants proposing to lease within the center. Hours
will be limited to 12PMto and 9PMMonday through Thursday, 12PMto and IOPMFriday and
Saturday, and Sunday 12PM to and 8PM on Sunday. The use will not adversely change the
essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
As mentioned, conditions to reduce impacts include limiting the hours of operation and the
amount of area outdoor activities can occur. The proposed use will not adversely affect other
property in the vicinity. It will be located within an existing building with indoor and outdoor
patio seating on the north side. The north side is buffered from the residential to the south by a
road and the southern portion of the building. The outdoor patio seating will be fenced.
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 proposed use will be served adequately by all public facilities and services as the use is
within an existing building.
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 of the community.
Stafffinds the proposed use should not create any additional costs for public facilities and
services as it is within an existing building. The proposed use will not be detrimental to the
economic welfare of the community.
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.
This proposed drinking establishment will share tenant space within an existing commercial
building.Hours of operation will be limited and staff recommends that any outdoor activities be
restricted to the fenced area. The proposed use will be located in an area intended to integrate a
variety of uses together, including residential, and to avoid predominantly single use
developments. The use is appropriate in this location.
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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Staff is unaware of any natural, scenic, or historic features on this site; thus, staff finds the
proposed use will not result in damage of any such features.
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