Staff Report - PZItem #4H: White Water Saloon (CUP-15.008)
➢ Conditional Use Permit
Property location: The subject property is located at 1646 N. Meridian Road.
Adjacent Land Use & Zoning: Except for the vacant property on the west side of Meridian Road, zoned R-4, this area is
predominantly developed with commercial uses, zoned C-C.
Comprehensive Plan: Old Town
Summary of Request: Conditional Use Permit (CUP) approval is requested to expand the existing 1,850 square foot drinking
establishment into an adjacent 673 square foot tenant space in a C-C zoning district.
The proposed use is subject to the specific use standards listed in UDC 11-4-3-10, Drinking Establishments. One of the
specific use standards prohibits a drinking establishment from being located within 300 feet of a church. Within the last year,
the City has permitted a church to operate from an existing building south of the drinking establishment. Because the drinking
establishment existed before the church use and the State Statue grants the authority to the governing body to approve the
CUP, staff believes this standard is not applicable. Staff finds the applicant complies with the specific use standards.
A site plan is included in Exhibit A.2 that depicts the existing site conditions. The site does not comply with the landscape
requirements set forth in UDC 11-36; therefore it is defined as a non -conforming use. At this time, the applicant is not
proposing any exterior modifications to the site and/or building; per UDC 11-313-21), the applicant is not required to install any
additional landscaping.
A certificate of zoning is required for the change of use to the adjacent tenant space, installation of a bike rack and verifying
the site has shared parking between all of the tenants.
Written Testimony: None
Staff Recommendation: Approval w/ Conditions in Exhibit B of the staff report
Notes:
STAFF REPORT
Hearing Date: May 21, 2015 ERIDIAN*,--
TO: Planning and Zoning Commission I D A H U
FROM: Bill Parsons, Planning Supervisor
(208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: CUP-15-008 — White Water Saloon
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Cole Architects, is requesting Conditional Use Permit (CUP) approval to expand the
existing 1,850 square foot drinking establishment into an adjacent 673 square foot tenant space in a C-
C zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C.
III. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-15-
008, as presented in the staff report for the hearing date of May 21, 2015 with the following
modifications to the conditions of approval: (add any proposed modifications). I further move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Commission hearing on June 4, 2015.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-15-
008, as presented during the hearing on May 21, 2015, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
15-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The subject property is located at 1646 N. Meridian Road, in the NW '/4 of Section 7, Township
3N., Range 1E. (Parcel #R6129020781)
b . Owner(s):
Vickie Long
1646 N. Meridian Road
Meridian, ID 83642
White Water Saloon — CUP-15-008 Page 1
c. Applicant:
Stan Cole, Cole Architects
802 W. Bannock Street, Suite #208
Boise, ID 83702
d. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
a. The subject application is for a conditional use permit. A public hearing is required before the
Planning and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
b. Newspaper notifications published on: May 4, and 18, 2015
c. Radius notices mailed to properties within 300 feet on: April 30, 2015
d. Applicant posted notice on site by: May 10, 2015
VI. LAND USE
a. Existing Land Use(s): The site is currently developed with a multi -tenant commercial building,
zoned C-C.
b. Character of Surrounding Area and Adjacent Land Use and Zoning: Except for the vacant
property on the west side of Meridian Road, zoned R-4, this area is predominantly developed
with commercial uses, zoned C-C.
c. History of Previous Actions: In 2012, the property received CZC and DES (CZC-12-079 and
DES-12-048) approval to commence with building fagade improvements and site improvements.
This work never commenced and the approved CZC and DES application is no longer valid.
d. Utilities:
1. Public Works:
a. Location of sewer: No utilities required, currently served.
b. Location of water: No utilities required, currently served.
c. Issues or concerns: None
e. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within a floodplain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM).
This designation includes the historic downtown and the true community center. Sample uses include
offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and
visitors. A variety of residential uses are also envisioned and could include reuse of existing
buildings, new construction of multi -family residential over ground floor retail or office uses.
Currently, this property is zoned C-C. The applicant is proposing to expand the existing drinking
establishment use into the adjacent tenant space. Under the current zoning district, the expansion of
White Water Saloon — CUP-15-008 Page 2
the drinking establishment requires the procurement of a conditional use permit. If the property is to
be rezoned in the future the same requirement would apply to the Old Town zoning district. For this
reason, staff finds the existing use and the proposed expansion is consistent with the Comprehensive
Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and
service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-213-2 lists the permitted, accessory,
conditional, and prohibited uses in the C-C zoning district. The proposed drinking establishment
is listed as a conditional use in the C-C zoning district. The specific use standards listed in UDC
11-4-3-10 apply to the proposed use.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C-C
zoning district apply to development of this site.
IX. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
CUP: The Applicant is requesting Conditional Use Permit (CUP) approval to expand the existing
1,850 square foot drinking establishment into an adjacent 673 square foot tenant space in a C-C
zoning district. The proposed use is classified as a "drinking establishment" in the UDC which
requires conditional use approval in the C-C zoning district.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-10, Drinking Establishments. In reviewing the specific use standards, it states that a
drinking establishment must not be located within 300 feet of a church. State Code (IDAPA 23-
913) also restricts the issuance of a license if the place of business is located within 300 feet of
church however; this requirement does not apply if the licensed business existed prior to
establishing a church. Within the last year, the City has permitted a church to operate from an
existing building south of the drinking establishment. Because the drinking establishment existed
before the church use and State Statue grants the authority to the governing body, staff believes
this standard is not applicable. Staff finds the applicant complies with the specific use standards.
Hours of Operation: The hours of operation are proposed to be from 10:00am - 2:00am, 7 days a
week. In the C-C district, hours of operation shall be restricted between the hours of 6:00am and
11:00pm when the property abuts a residential district or use. Because the drinking establishment
does not abut a residential district or use, staff is supportive of the proposed hours of operation.
Site Plan: A site plan is included in Exhibit A.2 that depicts the existing site conditions. At this
time, the site does not comply with the landscape requirements set forth in UDC 11-313; therefore
it is defined as a non -conforming use. At this time, the applicant is not proposing any exterior
modifications to the site and/or building. Per UDC 11-3B-2D, existing developments are required
to conform to the landscape standards based on the following guidelines:
1) Additions less than 25%, no additional landscaping is required;
2) Additions between 25% and 50%, perimeter and right-of-way landscaping is required; and
3) Additions greater than 50%, all current landscape standards apply.
Based on the above criteria and the applicant is not proposing an expansion, the applicant is not
White Water Saloon — CUP-15-008 Page 3
required to install additional landscaping.
Parking: The existing structure on the property is approximately 28,440 square feet. Based on
the parking requirements in the ordinance (1 stall per 500 square feet of gross floor area), the
minimum parking ratio for the site is 57 parking stalls. Currently, 124 parking stalls are
developed on the property which is in excessive of the amount of parking stalls required by the
ordinance. However, there are specific times of the day were the site becomes congested with
vehicles. Because there are multiple tenants that occupy the building, staff believes the
applicant should verify if the commercial development has a shared parking agreement in
place. Further, the applicant should be required to install a bike rack capable of supporting
5 bikes in accord with UDC 11-3C-5C4 and UDC 11-3C-6G. With the submittal of the CZC
application, the applicant should provide documentation that a shared parking agreement
is in place and depict a location for the bike rack and provide a detail.
Certificate of Zoning Compliance: Because the applicant is proposing a change of use and
staff is recommending additional requirements as noted above, the applicant must submit a
certificate of zoning compliance application for review and approval by the Planning
Division prior to applying for a building permit.
All interior modifications (tenant improvements) associated with the use must receive all required
permits and inspections from the Building Division of the Community Development Department
prior to operation of the proposed use.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
IX. EXHIBITS
A. Exhibits
1. Vicinity/Aerial Map
2. Site Plan
3. Proposed Expansion
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from Unified Development Code
White Water Saloon — CUP-15-008 Page 4
A. Drawings
1. Vicinity/Aerial Map
Vicinity Map 0045 °•°Miles 0
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Legend �. .� d various sources and is subject to constant revision- The City
of Meridian makes no warranty or guarantee as to the
Area of Impact a' "' content, accuracy. timeliness, or completeness of any of the
C �,, F• data provided, and assumes no legal responsibility for the
Parcels - Meridian i r ,r, R. 4' information captained on this map.
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White Water Saloon — CUP-15-008 Page 5
2. Site Plan
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SITE PLAN
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White Water Saloon — CUP-15-008 Page 6
3. Proposed Expansion
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White Water Saloon — CUP- 15-008 Page 7
B. Conditions of Approval
1. PLANNING DIVISION
1.1 The applicant is required to submit a Certificate of Zoning Compliance application to commence
the proposed use on this site. All interior modifications (tenant improvements) associated with the
use must receive all required permits and inspections from the Building Division of the
Community Development Department prior to operation of the drinking establishment in the
expanded tenant space.
1.2 The Applicant shall have a maximum of two (2) years to commence the use as permitted in
accord with the conditions of approval listed herein. If the business has not begun within two (2)
years of approval, a new conditional use permit must be obtained prior to operation.
1.3 With the CZC submittal, the applicant shall provide a copy of the recorded shared parking
agreement for the commercial development.
1.4 The applicant shall install a bike rack capable of supporting 5 bikes in accord with UDC 11-3C-
5C4. and UDC I 1-3C-6G. With the submittal of a CZC application, the applicant shall depict a
location for the bike rack and provide a detail.
1.5 The applicant shall comply with the specific use standards set forth in UDC 11-4-3-10.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no comments related to this application.
6. REPUBLIC SERVICES COMPANY
6.1 Republic Services has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD has no site specific conditions related to this application. All other standards conditions of
approval apply.
White Water Saloon — CUP-15-008 Page 8
C. Required Findings from the Unified Development Code
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. 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.
Staff finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the C-C district as evident with the development
of the site (see Analysis Section VIII and IX for more information).
b. 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 proposed use is generally consistent with the Comprehensive Plan future
land use map designation of Old Town for this site and complies with the specific use
standards for a drinking establishment in the UDC.
c. 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
proposed use should be compatible with other uses in the general vicinity and with the
existing character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed use will not adversely affect other properties in the area. The Commission should
rely upon any public testimony provided to determine if the development will adversely
affect other properties in the vicinity.
e. 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 finds that the proposed use will be served adequately by all of the public facilities and
services listed above.
f. 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 the proposed use.
Staff 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.
White Water Saloon — CUP-15-008 Page 9
g. 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 finds the proposed use will not involve any of the above listed activities or processes
that would be detrimental to persons, property, or the general welfare.
h. 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 the proposed use will not result in the destruction, loss or damage of any natural,
scenic or historic feature.
White Water Saloon — CUP-15-008 Page 10
AFFIDAVIT OF SIGN POSTING
STATE OF Idaho )
ss:
County of Ada )
(ire
being first duly swan upon oath, depose and say:
In accordance with the City of Meridian public hearing process listed in UDC 11-
5A-5D, I personally posted or attest that the subject property was properly posted
ons;/f - -,which is at least ten (10) days prior to the scheduled
publi hearing for /',':-rc fa the
I have submitted photograph(s) of the posting to the City, concurrent with this
affidavit. The sign(s) will be removed no later than three (3) days after the public
hearing.
Dated this //"' day of //r.{ f 201 `.
Signature
On this _ aL - day of _A P,ay , 201 ri before me,
the undersigned a Notary Public irf and for said State, personally appeared
Y-ow 7 � ;'z I known or Identified to me
to be the Company, Corporation or Entity that executed the foregoing instrument
or the person who executed the foregoing instrument on behalf of said Company,
Corporation or Entity, and acknowledged to me that such Company, Corporation
or Entity executed the same.
IN WITNESS WHEREOF, I have hereto �&"y hand and -affixed my
official seal the day and year in this certificate wrjtten. 1 _ n
Xg1ERp�''•.,
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uav�•��CARY .I�� •
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Notary Public fof
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My commission expires: 0
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