HomeMy WebLinkAboutCorkscrews - CUP-08-006CITY OF MERIDIAN -
FINDINGS OF FACT, CONCLUSIONS OF ' E' IDIAN~~`
LAW AND 1 u A H O
DECISION & ORDER
In the Matter of Conditional Use Permit for the Operation of a Drinking Establishment in
the O-T Zoning District, by Marla Smith.
Case No(s). CUP-08-006
For the Planning and Zoning Commission Hearing Date of: May 1, 2008 (Findings on May
15, 2008 agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May l, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 1, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 1,
2008, incorporated by reference)
4. Requir.ed Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 1, 2008, 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 Cornprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA. .
4. Due consideration has been given to the cornment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MEWDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-006
Page 1
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 Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Deparhnent, the Public Works Departrnent and any affected
party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of May 1, 2008, 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 § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
The applicant's Conditional Use Permit as evidenced by having submitted the
Site/Landscape Plan, attached in the Staff Report as Exhibit A.2, is hereby
conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of May 1, 2008, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen~(18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as perrnitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building perrnits and commence construction of perrnanent 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-SB-6.G.1, the Director may authorize a single extension of the
time to cornmence 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
CITY OF MERIDIAN FIIVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-006
Page 2
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
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 rnatter 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 th'is is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 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 May 1, 2008.
CITY OF ME~DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-006
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the ~~/
day of , 2008.
COMMISSIONER DAVID MOE
(Chair)
COMMISSIONER MICHAEL ROHM
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
VOTED
VOTED ~-
VOTED ~=Y"'vl
VOTED
COMMISSIONER JOE MARSHALL VOTED GL~
(l~~
CHAIRMAN D ID MOE
~~y~`~~~.:~~;~t~i
t~tteSt: ,,~`ra,`.{ ~ %~i~~~
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. ~ ~` i
~
ara Green, Deputy City Cler L
;,' ~~, ,~~ `,
% d _ ~!~ ~ ~ ~;
Copy served upon Applicant,~~~~e~~`,'URT~.I~~~tment, Public Works Department and City
~'~~~~~rri~ ~~u~~~~`~~,
Attorney. ~
By: ~v ~~ -~±'l.Qt~~f~~~ Dated: 5- I~`~ g
City Clerlc's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-006
Page 4
CITY 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 ~
E IDIAN~--
FROM: Bill Parsons, Associate City Planner 1 DA H O
(208) 884-5533 ~
SUBJECT: Corkscrews
• CUP-08-006
Conditional Use Permit for the operation of a drinking establishment in the O-
T zoning district, by Marla Smith.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Marla Smith, is requesting Conditional Use Pernuf (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 Planrung & Zoning Cornmission 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 CUP 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.
The Meridian Plannin~ and Zoning Commission heard this item on May 1, 2008. At the public
hearing, fhev moved to approve CUP-08-006.
a. Summarv of Commission Public Hearin~:
i. In favor: Marie Strai~ht
ii. In opposition: None
iri. Commenting: None
iv. Written testimony: Howard Foley on behalf of Meridian Redevelopment
Venture and Hunter Investments, Inc.
v. Staff presenNng application: Sonva Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion bv Commission:
i. Parking requirements and parking availability for the proposed business;
ii. Discussion about not limitin~ the hours of operation for this business as
recommended bv staff in Exhibit B, condiNon #1.8.
c. Kev Commission Changes to Staff Recommendation:
iii. Strike condiNon #1.8 in Exhibit B that restricts the hours of operaNon for the
proposed business.
Corkscrews - CUP-08-006 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF MAY 1, 2008
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). I fixrther move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Comrnission 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 future). 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. ~.
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 Srnith ~
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 competition 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
Corkscrews - CUP-08-U06 Page 2
CITY OF M'ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY l, 2008
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 65, 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, 2008
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.
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: Commercial business; zoned O-T
2. East: Commercial business; zoned O-T '
3. South: Comrnercial business; zoned O-T
4. West: Parking lot; City Hall; zoned O-T
d. History of Previous Actions: N/A
e. Existing Constraints and Opporhunities
1. Public Works
Location of sewer: Existing building already serviced.
Location of water: Existing build'ing already serviced.
Issues or concerns: None
2. Vegetation: N/A
3. Floodplain: N/A
4. CanalslDitches 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
Corkscrews - CUP-08-006 Page 3
CITY OF ME~DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
on-site parking; however no off street parlcing in the Old Town district is required if no
bttilding 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. 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, comrnon 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
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 Cornprehensive 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 central.ized 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 attract 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
Corkscrews - CUP-08-006 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
that may be provided at the pub[ic hearing when determining if the applicant's request is appropriate
for this property.
9. ZONING ORDINANCE
a. Al'lowed Uses in Cornmercial Districts: UDC Table 11-2D-2 lists the pernutted, accessory, and
conditional uses in the O-T zoning district. Drinking establishments are a conditional use in the
O-T zone with the Specific i7se 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 fizrther 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.
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 establishrnent" requires conditional use pernut 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 a site/landscape plan with this
application; however the site and building are not changing, only the use. Therefore, no additional
site irnprovements are explicitly required by the UDC.
Speeific 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 USE REQU~REI~IENTS 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 no requirements for off street
parking. However, full compliance with the iJDC 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 not proposing any on-site parlcing. 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
Corkscrews - CUP-08-006 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
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. To 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 operation 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
arnple 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 OperaNon: The hours of operation for the proposed use as stated in fhe 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.
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." Furtherrnore, 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)
pernut 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-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 improvements must be installed
prior to occupancy.
b. Staff Recommendation: Staff recommends approval of CUP-08-006 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, 2008, based on the Findings of Fact as listed in Exhibit C and
subject to the conditions of approval listed in Exhibit B. The Meridian Planning and Zflnin~
Commission heard this item on Mav 1, 2008. At the public hearin~, thev moved to approve
CUP-08-006.
11. EXHIBITS
A. E~ibits
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 Departrnent
3. Fire Department
Corkscrews - CUP-08-006 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY I, 2008
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Departrnent
C. Required Findings from UDC
Corkscrews - CUP-08-006 Page 7
CITY OF MERI~DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF MAY l, 2008
A. Drawings
1. Vicinity Map
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
2. Site/L,andscape Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
4. Photos of Parking Areas
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
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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.
12 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 complete prior to obtaining a Certificate of Occupancy for the
proposed developrnent. A ternporary 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 improvernents (including paving, striping, landscaping, and irrigation). A bid must
accornpany any request for temporary occupancy.
1.6 No new signs are approved with this CUP application. All business signs require a separate sign
pernut in compliance with the sign ordinance.
1.7 The Applicant shall have a maximum of 18 months to commence the use as pernutted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditibnal use pernut must be obtained prior to operation.
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2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 All aspects of the building systems (including eaciting 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 deparhment inspection, including but not limited to, the
fire exit signs, emergency lighting system, and fire alarm monitor system. Said system shall include a
single hom located at the basement level to notify occupants of a fire alarrn.
4. POLICE DEPARTMENT
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 Nuxnbers and or Capacity: There is a concern that you have not provided enough
enclosures to meet waste generation points and volumes that rnay 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.
Eachibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF MAY 1, 2008
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD did not submit comrnents 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 Pernut 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 regulaNons 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 Coriunission rely on Staff's analysis and any oral or written public
testimony provided when deternuning if this site is large enough to accomrnodate 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 Cornrnission finds that the Comprehensive Plan Future Land Use Map designation for this
property is Old Town. The property is currently zoned O-T, which cornplies 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.
The Cornmission 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, the Commission
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.
The Cornmission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
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. Because the business is currently served by the above-
mentioned public facilities and services, the Commission finds that the proposed use will
continue to be served adequately by those facilities and services previously mentioned.
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.
If approved, fhe Applicant will be financing any improvements required for development. The
Cominission 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.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 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.
The Commission recognizes that traffic and noise is a concern; however, the Commission does
not 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Cominission 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