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PZ - Staff ReportHeritage Hop Haus – H-2017-0100 1 STAFF REPORT Hearing Date: September 21, 2017 (continued from August 17, 2017) TO: Planning & Zoning Commission FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Heritage Hop Haus – CUP H-2017-0100 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Pre Funk Meridian, 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 77E. Idaho Avenue, on the northwest corner of Main Street and Idaho Street. See Section IX Analysis for more information. 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 of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0100 as presented in the staff report for the hearing date of August 17, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0100 as presented during the hearing on August 17, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0100 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: 77 E. Idaho Avenue Section 7, T3N, R1E B. Applicant/Owner: Prefunk Meridian 729 N. Main Street Meridian, ID 83642 Heritage Hop Haus – H-2017-0100 2 C. 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 & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 28, 2017 C. Radius notices mailed to properties within 300 feet on: July 19, 2017 D. Applicant posted notice on site by: September 10, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: The existing use on the property is defined as “Retail Beer and Wine Sales.” B. Character of Surrounding Area and Adjacent Land Use and Zoning: 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: Commercial business; zoned O-T 4. West: Parking lot; City Hall; zoned O-T D. History of Previous Actions:  This property is platted as par #0260 N'LY por lots 17-18, Block 2 of the Meridian Townsite Amended.  In 2008 , the property received Conditional Use Permit approval for a drinking establishment (CUP-08-006). This approval has subsequently expired. E. Utilities: 1. Public Works: a. Location of sewer: Existing structure is connected to City sewer. b. Location of water: Existing structure is connected to City water. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property currently does not lie within the floodplain or floodway however the Meridian Development Corporation is in the process of re-evaluating the flood plain in Downtown and there is a possibly the subject property may be located within the flood plain. The property owner should contact the City’s Flood Plain Administer regarding the future flood plain boundaries. Heritage Hop Haus – H-2017-0100 3 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM). Per the Comprehensive Plan, “This designation includes the historic downtown and the true community center. 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. 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. In order to provide and accommodate preservation of the historic character, the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning document for redevelopment in downtown Meridian. Please see the Economic Excellence chapter for more information on Destination Downtown.” 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. (4.04.01K) Staff believes that the proposed use of the property as a drinking establishment will attract people to the downtown area during the daytime and nighttime hours which has the potential to attract customers to other neighboring businesses.  Protect existing residential properties from incompatible land use development on adjacent parcels. (3.06.01F) 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. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2D-1, the purpose of the O-T 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the permitted, accessory, conditional, and prohibited uses in the O-T zoning district. C. Dimensional Standards: The dimensional standards listed in UDC 11-2D-4 for the O-T zoning district applies to development of this site. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B Heritage Hop Haus – H-2017-0100 4 apply to development of this site (if applicable). E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: Per UDC 11-2D-2, a “drinking establishment” requires conditional use permit approval in the O-T zone. The subject site is currently operating as a “retail store, wine and beer sales and servings” business. The applicant is requesting to continue operation of the same business, but as a “drinking establishment.” 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 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. The business is existing in its current location. The nature of the business will not change, only the hours of operation. 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 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 no 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. The applicant believes there is sufficient on-street parking along Main Street and Idaho Avenue. The Commission should determine if the existing parking plan is adequate. Hours of Operation: The hours of operation for the proposed use as stated in the application are daily from 11:00 am-2:00 am. 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.” 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 Heritage Hop Haus – H-2017-0100 5 the use is established (UDC 11-5B-1A). 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. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan B. Conditions of Approval 1. Planning Division 2. Public Works 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Heritage Hop Haus – H-2017-0100 6 Exhibit A.1: Vicinity Map O-T I-L R-8 R-4 O-T N M A I N S T N M E R I D I A N R D E PINE AVE E STATE AVE E IDAHO AVE N E A S T 2 N D S T UNION PACIFIC RXR E BROADWAY AVE W PINE AVE W IDAHO AVE 33 30 33 32 911 517 831 505 58 611 502 817 211 641 603 521 200 800 36 218 235 113 201 134 15 10 3 5 46 240 211 6652 39 32 29 36 807 1010 829 23 93 0 49 59 22 21 16 55 58 24 3630 37 21 4 4638 713 12 20 8 22 3 621 14 0 22 1 22 6 60 4 43 32 22 13 7 12 9 12 1 91 4 11 1 20 6 83 0 11 6 12 0 906 23 4 12 7 40 92 5 91 7 39 18 105 18 11 4 1015 629 816 624 731 13 6 21 6 10 1 2 725 719 832 205 13 4 11 5 12 4 12 1 12 7 80 5 1023 1 1 6 33 22 6 22 6 13 5 22 0 820 1 2 8 13 1 3 2 92 2 72 3 814 622 7 2 5 51 37 23 2 13 0 23 1 91680 4 31 103125 13977 35 141 12 6 2254712941 706 921 714 704 23 4 10 1 3 Heritage Hop Haus – H-2017-0100 7 Exhibit A.2: Site Plan Heritage Hop Haus – H-2017-0100 8 B. Conditions of Approval 1. PLANNING DIVISION 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 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 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.6 Heritage Hop Haus hours of operation are as follows: Daily from 11:00 am-2:00 am. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department did not submit comments on this application. 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. REPUBLIC SERVICES 6.1 Republic Services did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD did not submit comments on this application. Heritage Hop Haus – H-2017-0100 9 C. Required Findings from Unified Development Code 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 expansion; recommended site improvements; dimensional and development regulations of the O-T district (see Analysis, Section 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 and the UDC, if the applicant complies with the conditions in Exhibit B. 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 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. d. That the proposed use, if it complies with all conditions of the approv al imposed, will not adversely affect other property in the vicinity. Staff 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, Staff finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. 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 sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD in Exhibit B. Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. Heritage Hop Haus – H-2017-0100 12 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 development. 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. 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 that if the applicant complies with the conditions outlined in this report, the proposed use and expansion should not be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors.