Heritage Hop Haus (H-2017-0100) FFCL
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0100
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for a drinking establishment on 0.05 of an
acre of Land in the O-T Zoning District for Heritage Hop Haus, by PreFunk Meridian.
Case No(s). H-2017-0100
For the Planning & Zoning Commission Hearing Date of: September 21, 2017 (Findings on October
5, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 21, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 21, 2017, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 21,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 21, 2017, 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). H-2017-0100
Page 2
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of September 21, 2017, 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:
1. The applicant’s request for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of September 21, 2017, 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 11-5B-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 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.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 September 21, 2017
By action of the Planning & Zoning Conunission at its regular meeting held on the J T�1 day of
OCALAQeY , 2017.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN
COMMISSIONER STEVEN YEARSLEY
COMMISSIONER GREGORY WILSON
COMMISSIONER TREG BERNT
COMMISSIONER WILLIAM CASSINELLI
COMMISSIONER JESSICA PERREAULT
Rh nda McCarvel, Chairman
Attest:
~� City of �T
I -D1 AN?ti--
ay Colesjqity Clerlc`r,,.
VOTED
VOTED '
VOTED e -Q,
VOTED. C�
VOTED
VOTED
VOTED��.._
Copy served upon the Applicant, the Planning and Development Services Divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By; Dated:"fJ .,;Lc) 171
City Clerk's Office
6—
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0100
Page 3
Exhibit A
Heritage 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.
The Meridian Planning and Zoning Commission heard this item on September 21, 2017. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Evan Izett (Applicant’s representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Larry Molnar
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. None
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.)
Exhibit A
Heritage Hop Haus – H-2017-0100 2
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
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.
Exhibit A
Heritage Hop Haus – H-2017-0100 3
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.
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:
Exhibit A
Heritage Hop Haus – H-2017-0100 4
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
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
Exhibit A
Heritage Hop Haus – H-2017-0100 5
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 s tructure is started and/or
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
Exhibit A
Heritage Hop Haus – H-2017-0100 6
Exhibit A.1: Vicinity Map
O-T
I-L
R-8
R-4
O-T
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A
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S
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N
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A
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D
E PINE AVE
E STATE AVE
E IDAHO AVE
N
E
A
S
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2
N
D
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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
Exhibit A
Heritage Hop Haus – H-2017-0100 7
Exhibit A.2: Site Plan
Exhibit A
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.
Exhibit A
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 approval 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.
Exhibit A
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.