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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 STAFF REPORT Hearing Date: May 1, 2008 TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner (2os) gsa-ss33 SUBJECT: Corkscrews CUP-0$-006 ~.~Vl E IDIAN~-- ~~~~EI~ E~ APp ~ ~ _ ~f n. ~ 4 :: ~oa~ Conditional Use Permit for the operation of a drinking estal~li~l~it ~i~R~L]~ T zoning dtstrrct, by Marla Smrth. C~ ~~K ~~~A~ /r~ 1. SiIMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Marla Smith, is requesting Conditional Use Permit (CUP) approval for the operation of a drinking establishment in the O-T (Old Town) zoning district. The site consists of 0.05 acres and is located at 729 Main Street, on the northwest corner of Main Street and Idaho Street. Per UDC 11-2D-2, drinking establishments require CUP approval in the O-T zoning district. The subject site is currently a 1,100 square foot, vacant tenant space located in the basement of the existing Heritage Building. Previously, this site was occupied by a Mexican restaurant. The applicant is seeking CUP approval to operate as an upscale full service merchant of fine wines and accessories. This site does not currently provide any on-site parking; however no off street parking in the Old Town district is required if no building square footage is being added. At this time the applicant is only proposing interior improvements and change of use, therefore no additional site improvements are required per the UDC. However, in approving any conditional use, the Planning & Zoning Commission. may prescribe appropriate conditions, bonds and safeguards that are more restrictive standards than those generally required in the UDC (UDC 11-SB-6D). 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUF application below. Staff recommends approval of CUP-08-006 for Corkscrews, as presented in the Staff Report for the hearing date of May 1, 2008, subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 006, as presented in the staff report for the hearing date of May 1, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission hearing on May 15, 2008. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-08-006, as presented during the hearing on May 1, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the fitture). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 15, 2008. Corkscrews -CUP-08-006 Page 1 CITY OF MERIDIAN FLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-006 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: 729 Main Street Section 7, T3N, R1E b. Owner: Sagehen Inc. 77 E. Idaho Street Meridian, ID 83642 c. Applicant /Contact: Marla Smith 347 S. Moonstone Way Meridian, ID 83642 d. Present Zoning: O-T (Old town) e. Present Comprehensive Plan Designation: Old Town £ Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to operate a drinking establishment. g. Description of Applicant's Justification for CUP Approval: "Corkscrews win shop will be an upscale full service retailer of fine wines. It will distinguish itself from the carnpetition and capture market share by securing prime store front location in the Old Town area where restoration and improved traffic transportation is planned. It will follow the best practices of its retail category leaders with particulars emphasis on excellent customer service, friendly professional atmosphere where the public can take a break after work hours, meet with friends, enjoy catching up on the broad unique selection of quality wine inventory with competitive pricing enjoying a salty or sweet snack. Specialty wine and gift baskets will be available for purchase. Corkscrews is offering a private conference area for corporate and private meetings." 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 6S, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: April 14, and 28, 200$ c. Radius notices mailed to properties within 300 feet on: Apri14, 2008 d. Applicant posted notice on site by: Apri121, 2008 6. LAND USE a. Existing Land Use(s): Vacant tenant space. Corkscrews -CUP-08-006 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 b. Description of Character of Surrounding Area: The surrounding area is all zoned O-T (Old Town) and mainly consists of small retail and service oriented uses. c. Adjacent Land Use and Zoning 1. North: Cornrnercial business; zoned O-T 2. East: Commercial business; zoned O-T 3. South: Commercial business; zoned O-T 4. West: Parking lot; City Hall; zoned O-T d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing building already serviced. Location of water: Existing building already serviced. Issues or concerns: None 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: O-T (Old Town) 7. Lot Size: 0.05 of an acre f. Conditional Use Information: 1. Non-residential square footage: 1,100 square feet 2. Hours of Operation: Monday-Thursday 1:00 pm-10:00 pm; Friday-Saturday 1:OOpm- 11:OOpm; Sunday-closed or private party g. Off-Street Parking: 1. Parking spaces required: Based on 1 space per every 500 square feet of gross floor area, the UDC requires 3 parking stalls. As mentioned earlier, this site does not currently provide any on-site parking,• however na off street parking in the Dld Tawn district is required if no building square.footage is being added. At this time the applicant is only proposing interior improvements and change of use, therefore no additional site improvements are required per the UDC. However, in approving any conditional use, the Planning & Zoning Commission may prescribe appropriate conditions, bonds and safeguards that are more restrictive standards than those generally required in the UDC (LTDC XI-SB-6D). 2. Parking spaces provided: 0 (On street parking is provided along the Main street and Idaho Street). The applicant is trying to get a written agreement with the owner of the unimproved parking lot located at the rear of the building. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from E Idaho Street and Main Street. No new access points or streets are proposed or approved with this application. 7. COMMENTS MEETING Corkscrews - CUF-08-006 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 On April 11, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Per Chapter VII of the Comprehensive Plan, the Old Town land use category "includes the historic downtown and the true community center. Uses in this category 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 request generally conforms to the stated purpose and intent of the Old Town designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Support compatible uses which will attract a high daytime and nighttime population to the downtown area. (Chapter V, Goal II, Objective A, Action 3) Staff believes that the proposed use of the property as a drinking establishment and retailer of fine wines will attruct people to the downtown area during the daytime and nighttime hours which has the potential to attract customers to other neighborhing businesses. Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal IV) Staff believes that the proposed use should be compatible with existing uses in the area. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the surrounding uses. Staff recommends that the Commission 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. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the O-T zoning district. Drinking establishments are a conditional use in the O-T zone with the Specific Use Standards listed in UDC 11-4-3-10 (see Section 10, Analysis, for specific use standards). b. Purpose Statement of Zone: The purpose of the Old Town district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T 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. Corkscrews -CUP-0$-006 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR]N'G DATE OF MAY I, 2008 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: CUP: Per UDC 11-2D-2, a "drinking establishment" requires conditional use permit approval in the O-T zone. The subject site is currently a vacant tenant space in which the applicant is proposing to serve and sell fine wines. The applicant has submitted asite/landscape plan with this application; however the site and building are not changing, only the use. Therefore, na additional site improvements are explicitly required by the UDC. Specific Use Standards for Drinking Establishments per UDC 11-4-3-10: A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. The applicant should comply with this standard. B. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service. Nor shall the drinking establishment be located within one thousand feet (1,000') of an adult entertainment establishment. There was a church site within 300' of the proposed drinking establishment (124 E. Idaho); however the site is no longer operating as a church, it is vacant. 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 U5E REQUIREMENTS of this Title. This property does not abut a residential district. . Access: Access to the site is provided from Main Street and E. Idaho Street. Parking: Because this site is located in Old Town, and because the existing building encompasses almost all of the property, off-street parking is not feasible on this site and is not provided. Furthermore, UDC 11-2D-4E (Old Town District) has na requirements for off street parking. However, full compliance with the UDC parking requirements is required if/when a site is proposed for new development or modifications are proposed for the facade of an existing building. Because modifications are only proposed for the interior of the tenant space; the applicant is nat proposing any on-site parking. However, the applicant states she has a verbal agreement with the property owner to the west to use the unimproved dirt lot located at the rear (west) of the building for off street parking. Further, the applicant believes there is sufficient on street parking along Main Street and Idaho Avenue. The applicant also states there is additional parking across the street in front of Idaho Independent Bank and 33 stalls are available in the parking lot located behind the Meridian Cycle Shop on the corner of Pine and Main. Staff has included photos of these parking areas in Exhibit A. Ta address some of the parking concerns, the applicant is proposing staggered business hours to address the lack of off street parking for the site (hours of operatian are discussed in the analysis section below). Staff has concerns with the lack of parking for the site; however believes with the off-setting business hours there should be ample parking on the street along with the additional stalls located in parking lots surrounding the business. The Commission should determine if the proposed parking plan is adequate. NOTE: The City is working on strategies for developing additional parking areas to encourage re- development within the Downtown area. Hours of Operation: The hours of operation for the proposed use as stated in the application are Monday-Thursday 1:00 pm-10:00 pm; Friday-Saturday 1:OOpm-11:OOpm; Sunday-closed or used for a private party. Staff is supportive of the hours of operation for the site and is proposing that this be a restriction of the business. Corkscrews -CUP-08-006 Page 5 CITY OF MERCDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 Elevations: Elevations of the existing building were not submitted with this application as no changes to the exterior of the building are proposed with this application. Any exterior modifications shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." Furthermore, the applicant does not own the building and will only be a tenant of the space. 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 ([TDC 11-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishment of the new use. All improvennents must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-0$-006 for the requested drinking establishment use in the O-T zone for Corkscrews, as presented in the Staff Report for the hearing date of May 1, 200$, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit S. 11. EXHIBITS A. Exhibits 1. Vicinity Map 2. Site/Landscape Plan 3. Floor Plan 4. Photos of the Parking Areas B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Required Findings from UDC Corkscrews -CUP-08-006 Page 6 CITY,OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 A. Drawings 1. Vicinity Map 1023 x5 31 35 ~" q~. 51 1031 . M 1015 c~ +. n ov ~ -. n- ~ a cN ~,. 1010 911 1:3 ~ ~ ~ ~ 1Q5 ~,1'~~~ ~ x+11 ~ 1~~ evF a ~- r- ~ 921 916 ~ ~~ g06 ~ w ~ W P1 . E AYE ~ t. t-r1vC ~ 39 829 817 32 807 832 E20 ~ 831'. 846 M M rtJ$. ~ 1$ °~ © ~ ~- m r: cv r~+1 ~, as ~- ~- ~ .- ~ $1q ~b Z do w+, W IDAHO AV E E I©A O z M ~„~ - 731 ,, ,~ 9 39 V~1 "' 725 .33 ~ i 113 `~ ~ .~ Q 719 w a (V .n Q-T 713 714 M ~~Q 7~~7 a 22 ~ ~,: 704 ~ ~ „ AY V ~ ~.~ ~. 15 641 i; G29~ fa24 bZi 33~ 62Z b03 ~~, 611 UNION. PACI C RXR 517 h 32 5Q5 502 . r ~. .o mac, •~ a ~ ~ 211 ' ~- ~, ~~ 211 235 k" 800 240 201 ~ ~ tv ~ . 200 ~ ,N s y ,~ Y N 218 521 T Exhibit A Page I CITY OF MERIDIAN .PLANNING DEPARTMENT STAFF REPORT FGR THE HEARING DATE OF MAY I, 2008 2. Site/Landscape Flan Site PCaru 714e Heritage Bu.iiding 229 N Mairi Street Meridian., ID 53843 N. Main Street cu a c eu a 0 ~a «. u`~ ~ 34.7' ^ Sidewalk ~ 216.1' 1~ ~- 15.8' ai 4 co 0 co E N s w Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF MAY 1, 2008 3. Floor Plan .~ ~, ,,. ~ Ma1n 5inat ~~' O ~ O ~ O i^~~° PLC ~~~ ~ o ~~~ ~ ~~ ~ .o. ~ O a . ~~ ~ ~ ~ Q ~ ~ ~ ~. ~ ~ ~- ~ ~ ~ ~ C~ D C ~ N ~ O a a ~ Q ~ ~O ~~ ~ ^ D ~~~ 0 ~ ~~ O ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~ .. _ ~~ J ~~ f. ~~ Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 4. Photos of Parking Areas Exhibit A Page 4 Parking in front of Idaho Independent Bank ~ ~ ~+;~ a ~ ,.;~j+ • 1 ~ f ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATF OF MAY 1, 2008 Exhibit A Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site/landscape plan included in Exhibit A of this staff report is hereby approved by the Meridian Planning Department. 1.2 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. 1.3 Any future exterior modifications of the building shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." 1.4 To ensure that all of the conditions of approval for CUP-08-006 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to commencement of the new use. 1.5 All required improvements must be cpmplete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.7 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 l8 months of approval, a new conditional use permit must be obtained prior to operation. 1.8 Corkscrews hours of operation are as follows: Monday-Thursday 1:00 pm-10:00 pm; Friday- Saturday 1:OOpm-11:OOpm; Sunday-closed or used for a private party. 2. PC7BLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. F1RE DEPARTMENT 3.l All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.2 The applicant shall be required to pass a fire department inspection, including but not limited to, the fire exit signs, emergency lighting system, and fire alarm monitor system. Said system shall include a single horn located at the basement level to notify occupants of afire alarm. 4. POLICE DEPARTMINT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Doug Mason at SSC (888-3999) to discuss this matter prior to issuance of the certificate of zoning compliance. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD did not submit comments on this application. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 Central District Health will require plans be submitted for a plan review for any: food establishment and beverage establishment. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 C. Required Conditional Use Permit Findings from UDC 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. This site is not large enough to accommodate on-site parking. However, the applicant is proposing an off-site parking plan and staggered hours of operation to compensate for the lack of parking. Staff recommends the Commission rely on Staff s analysis and any oral or written public testimony provided when determining if this 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. Staff finds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. The property is currently zoned O-T, which complies this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 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. Staff finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the proposed 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. Staff fmds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public 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. Staff fmds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Because the business is currently served by the above- mentioned public facilities and services, Staff finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. d. 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. If approved, the Applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will nat be detrimental to the community's economic welfare. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF MAY 1, 2008 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. Staff recognizes that traffic and noise is a concern; however, Staff does nat believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 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. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff 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