White Water Saloon - CUP-15-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
CA'E IDIAN*--
IDAHO
In the Matter of the Request for a Conditional Use Permit to Expand the Existing 1,850 Square
Foot Drinking Establishment by 673 Square Feet in the C -C Zoning District at 1646 N. Meridian
Road, by Cole Architects.
Case No(s). CUP -15-008
For the Planning & Zoning Commission Hearing Date of: May 21, 2015 (Findings on June 4, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 21, 2015, 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). CUP -15-008
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 21, 2015, 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-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
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 May 21, 2015, 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 11-513-6F.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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.17.1, 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. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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 21, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -15-008
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the
2015.
VOTED
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN
COMMISSIONER PATRICK OLIVER, VICE CHAIRMAN
COMMISSIONER RHONDA MCCARVEL
COMMISSIONER RYAN FITZGERALD
COMMISSIONER GREGORY WILSON
Steven Yearsley, Chair n
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Attest:
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Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Departme he Public Works Department and the City Attorney.
Dated: v
Ci Jerk' ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -15-008
Page 3
Exhibit A
STAFF REPORT
Hearing Date: May 21, 2015 CVERJDIAN*,,--,
TO: Planning and Zoning Commission I D A H C1
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. The Meridian Planning and Zoning
Commission heard this item on May 21, 2015. At the public hearing, the Commission voted to
approve the subiect CUP request.
a. Summary of Commission Public Hearing:
L In favor: Vicky Long and Ernie Bull
ii. In opposition: None
iii. Commenting: Joe Palmer and Tv Palmer
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Patrons of the establishment parking in the adiacent parking lot.
c. Key Commission Changes to Staff Recommendation:
i. None
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).
White Water Saloon — CUP -15-008 Page 1
Exhibit A
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 I/4 of Section 7, Township
3N., Range 1E. (Parcel #R6129020781)
b . Owner(s):
Vickie Long
1646 N. Meridian Road
Meridian, ID 83642
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
White Water Saloon — CUP -15-008 Page 2
Exhibit A
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
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) 11-2B-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.
White Water Saloon — CUP -15-008 Page 3
Exhibit A
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
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
White Water Saloon — CUP -15-008 Page 4
Exhibit A
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 5
Exhibit A
A. Drawings
1. Vicinity/Aerial Map
Vicinity Map 0045 0.0Miles 0
The information shown on this map is compiled from
Legend} various sources and is subject to constant revision. The City
of Meridian makes no warra
nty or guarantee as to the
Area of Impact
content, accuracy, timeliness, or completeness of any of the
■ / �• '. !' F, °... data provided, and assumes no legal responsibility for the
nParcels - Meridian r pr F information contained on this map
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White Water Saloon — CUP -15-008 Page 6
Exhibit A
2. Site Plan
artc Pur+
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SITE PLAN !h
White Water Saloon — CUP -15-008 Page 7
EVRCHI"iECTS
WhIN Wagf UI—
VIokN Long
SITE PLAN
A100
3. Proposed Expansion
RA
SEPARATE T NANT -
NOT A PART OF TMS PROJECT
Exhibit A
White Water Saloon — CUP -15-008
GENERAL N0T9$ FLOOR PLAIC
_NEW/ EXISTING WALL SYMMS
KEY NOTES: 0
Page 8
COLE
VrImm Wabr saloon
IST FLOOR PLAN
A202
Exhibit A
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 above. 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 11 -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 9
Exhibit A
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 11-513-6E)
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.
The Commission 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.
The Commission finds that the proposed use is generally consistent with the Comprehensive
Plan future land use map designation of Commercial 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.
The Commission 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.
The Commission 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 relied upon all 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.
The Commission finds that the proposed use will be served adequately by all of the public
facilities and services listed above.
E 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.
The Commission finds there will not be excessive additional requirements at public cost and
that the proposed use will not be detrimental to the community's economic welfare.
White Water Saloon — CUP -15-008 Page 10
Exhibit A
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.
The Commission 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.
The Commission 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 11