Z - FFCLCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2020-0036]
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for Good Apple Taphouse, Located at
1728 E. McMillan Road in the C-N Zoning District, by Rob and Carmen Bienapfl.
Case No(s). H-2020-0036
For the Planning & Zoning Commission Hearing Date of: April 23, 2020 (Findings on May 7, 2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 23, 2020, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 23, 2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 23, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 23, 2020, 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-2020-0036]
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7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of April 23, 2020, 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 April 23, 2020, 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 April 23, 2020
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2020-0036]
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By action of the Planning & Zoning Commission at its regular meeting held on the ___________ day of
________________, 2020.
COMMISSIONER RYAN FITZGERALD , CHAIRMAN VOTED_______
COMMISSIONER LISA HOLLAND, VICE CHAIRMAN VOTED_______
COMMISSIONER RHONDA MCCARVEL VOTED_______
COMMISSIONER ANDREW SEAL VOTED_______
COMMISSIONER PATRICIA PITZER VOTED_______
COMMISSIONER WILLIAM CASSINELLI VOTED_______
COMMISSIONER NICK GROVE VOTED_______
_____________________________
Ryan Fitzgerald, Chairman
Attest:
__________________________________
Chris Johnson, City Clerk
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:________________________
City Clerk’s Office
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HEARING
DATE:
4/23/2020
TO: Planning & Zoning Commission
FROM: Joe Dodson, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2020-0036
Good Apple Taphouse
LOCATION: 1728 E. McMillan Road
I. PROJECT DESCRIPTION
Request for a conditional use permit (CUP) for a Drinking Establishment on 0.96 acres of
land in the C-N zoning district, by Rob and Carmen Bienapfl. This CUP request is in a newly
constructed commercial building near the northeast corner of E. McMillan and N. Locust
Grove.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.96 acres
Future Land Use Designation Commercial
Existing Land Use(s) Commercial
Proposed Land Use(s) Commercial
Lots (# and type; bldg./common) One (1) building lot
Neighborhood meeting date; # of
attendees:
March 9, 2020; no attendees
History (previous approvals) AZ-07-014, PP-07-019, FP-08-003, MDA-15-004, A-
2018-0126; and several building permits for structure.
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report (yes/no) Comment letter with no specific conditions of approval.
• Requires ACHD Commission
Action (yes/no)
No
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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Description Details Page
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Lot has existing driveway access from N. Locust Grove
and from a local street to its east, N. Beethoven Ave.
Existing Road Network Yes
Fire Service
• Distance to Fire Station 0.9 miles from Fire Station #3
• Fire Response Time 3:00 minute response time from Station #3
• Accessibility This project meets all required access requirements.
• Additional Comments None
C. Project Area Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Rob and Carmen Bienapfl – 549 E. Peach Springs Street, Meridian, ID 83646
B. Owner:
Morgan Development – PO Box 1604, Idaho Falls, ID 83403-1604
C. Representative:
Jay Rice, Advantage Architecture – 5145 S. Heyrend Drive, Idaho Falls, ID 83401
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 4/3/2020
Radius notification mailed to
properties within 300 feet 3/27/2020
Site Posting Date 4/8/2020
NextDoor posting 3/31/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
Commercial - This designation will provide a full range of commercial uses to serve area
residents and visitors. Desired uses may include retail, restaurants, personal and
professional services, and office uses, as well as appropriate public and quasi-public uses.
Multi-family residential may be allowed in some cases, but should be careful to promote
a high quality of life through thoughtful site design, connectivity, and amenities. Sample
zoning include: C-N, C-C, and C-G. The subject site is already annexed, zoned (C-N),
and built with a new commercial building.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
• “Require appropriate building design, and landscaping elements to buffer, screen,
beautify, and integrate commercial, multifamily, and parking lots into existing
neighborhoods.” (5.01.02D). Good Apple Taphouse operates within an existing
commercial building that has received certificate of zoning compliance and
design review approval for its building design, parking lot improvements, and its
landscaping. All of these already existing elements have created a building that
meets all UDC and design criteria requirements and has created landscape
buffers to the residential zone to its east. Because of this, Staff finds the proposed
use of a drinking establishment will not have adverse effects on these elements or
on any surrounding use or structure.
• “Work to encourage a diversity of housing, recreation, and mobility options to
attract and sustain the local workforce.” (2.06.02D). Craft brewing and
consumption, whether done onsite or not, is a very popular recreation activity
across the nation. Adding a locally owned and operated drinking establishment
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that provides craft hard cider would add to diversity of activities and employment
opportunities in the area; Staff is unaware of a similar business in this area of the
City. For those who begin their employment career in these types of places, it can
be the start of a love that grows into their own business, furthering the economic
sustainability of these businesses and adding to the culture within the City.
• “Support the inclusion of small-scale neighborhood commercial areas within
planned residential developments as part of the development plan, where
appropriate.” (3.06.02A). Good Apple Taphouse operates in a small commercial
building with a majority of residential uses surrounding it. The inclusion of a
business that attracts activity and resides in close proximity to residences
provides for a more walkable area, helping to eliminate the need for nearby
residence to drive to find recreational activities.
C. Existing Structures/Site Improvements:
The main structure on this site is an existing commercial building that was recently built.
All site improvements have been completed including the parking and landscaping. In
addition, the property has a 20-foot wide landscape buffer with a 6-foot tall vinyl fence
that lines its east property line creating a barrier between this commercial lot and the
residential development to its east (zoned R-15 and R-8). The residential development to
the east (Earl Glen Subdivision) has not yet developed but is proposed and approved as a
combination of single-family and multi-family lots with the lot closest to this business
being a large common open space lot. The open space lot is approximately ninety (90)
feet in width creating an even larger buffer between Good Apple Taphouse and any
future residential structure.
D. Proposed Use Analysis:
A “Drinking Establishment” is a conditional use in the C-N zoning district, as shown in
UDC Table 11-2B-2. It is also subject to specific use standards per UDC 11-4-3-10. The
business owners are operating a taphouse where onsite brewing does not occur. Only the
sale of alcoholic beverages are taking place in this business and customers may also
bring their own food so there are no kitchen facilities within this establishment. See
narrative included in the application for more specific details on the proposed use.
Staff notes that the owners received temporary alcohol licensing to operate prior to
obtaining a conditional use permit due to staff error at the time of obtaining certificate of
occupancy. Because this error was made on staff’s side, the Director has made the
determination that they may continue operating under their temporary license and
occupancy while the conditional use permit is processed.
E. Specific Use Standards (UDC 11-4-3):
A Drinking Establishment is subject to specific use standards as outlined in UDC 11-4-3-
10:
A. The facility shall comply with all Idaho Code regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages. (Ord. 05-1170, 8-30-2005, eff. 9-
15-2005). This business shall continue to comply with all state and local jurisdiction
regulations regarding the sale, manufacturing, or distribution of alcoholic beverages.
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B. The drinking establishment shall not be located within three hundred feet (300') of
a property used for a church or any other place of worship, or any public or private
education institution, nor shall the drinking establishment be located within one
thousand feet (1,000') of an adult entertainment establishment; provided, that this
limitation shall not apply to any duly licensed premises that at the time of licensing did
not come within the restricted area but subsequent to licensing came therein; the
expansion of an existing establishment may be allowed with the approval of a
conditional use permit as set forth in section 11-5B-6 of this title. (Ord. 16-1672, 2-16-
2016). Staff is unaware of any church or other place of worship, or education
institution within 300’, nor is staff aware of any adult entertainment establishment
within 1,000’ of this proposed drinking establishment.
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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). The temporary
use requirements describe an outside activity or event as one that occurs occasionally
and is truly an event, i.e. a carnival or concert. A residential property that is zoned R-
15 and R-8 abuts this property to the east and this business currently has a small patio
for guests to enjoy drinks and any food they have brought with them in the landscape
buffer between the two properties. Staff does not find that this outdoor patio and its
outdoor dining and drinking constitute an “outside activity” as described in city code.
If such an event or activity were to occur, the Applicant shall comply with this specific
use standard.
F. Dimensional Standards (UDC 11-2):
The existing commercial structure meets all dimensional standards.
G. Access (UDC 11-3A-3, 11-3H-4):
Access is provided via existing driveways from public streets and the associated
commercial parking lot built with this development. The only access to E. McMillan, an
arterial roadway, is via the driveway that connects to N. Beethoven Ave., a local street.
Direct lot access to McMillan is prohibited.
H. Parking (UDC 11-3C):
The existing business is located within one suite of this building and occupies
approximately 1,500 square feet. In commercial zoning districts, commercial businesses
have a required parking ratio of 1 space per 500 square feet of gross floor area. Therefore,
this business requires a minimum of 3 parking stalls. The entire structure where this
business is located is 9,591 square feet, requiring a minimum of 20 parking stalls. At the
time of development, 43 parking stalls were installed and 3 bicycle parking spaces were
included.
Drinking establishments are known to have higher intensities of parking and clearly 3
parking stalls would not be sufficient. However, the entire site houses 43 parking stalls,
as noted above, and staff finds this amount of parking will be sufficient for this drinking
establishment. Staff notes that this business has been operating and there have been no
reported issues with parking thus far. As future tenants move into this building, the
availability of parking will be monitored for compliance with UDC standards. In
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addition, if a kitchen were to be added to this business, the parking standards would
change and parking would have to be reevaluated by Staff. At this time, Staff finds the
existing parking is currently sufficient for this use but understands that parking may have
to be reviewed again in the future.
I. Sidewalks (UDC 11-3A-17):
There is existing five-foot (5) detached sidewalks along E. McMillan Rd. and N. Locust
Grove Rd. There are existing sidewalks along the front and sides of the building that also
connect to N. Beethoven Ave. to the southeast of the building. No additional sidewalks
are proposed; all sidewalks meet UDC Standards.
J. Landscaping (UDC 11-3B):
There is no additional landscaping proposed and the Applicant has stated that all existing
landscaping will be protected in place. The existing structure was required to install a
twenty-foot wide landscape buffer between this building and the residential district to the
east; this buffer currently includes two trees and shrubs per UDC requirements. Due to
the existing 20’ landscape buffer and common lot that abuts this property from the east,
Staff finds the existing landscaping to be sufficient for this use.
K. Fencing (UDC 11-3A-6, 11-3A-7):
All existing fencing will remain in place and no additional fencing is required. The
existing fencing meets UDC standards. Staff finds the existing 6-foot vinyl fence located
at the east property line also serves as adequate screening for this business and proposed
use because of its inclusion with the existing 20’ landscape buffer and the residential
common lot that abuts the property.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in
Section VIII per the Findings in Section IX.
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VII. EXHIBITS
A. Site Plan (date: 6/4/2019)
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B. Applicant Narrative (date: 3/1/2020)
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C. Landscape Plan (dated: 6/04/2019)
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D. Building Elevations (date: 2/5/2019)
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-10
Drinking Establishment, including but not limited to the following:
a. The facility shall comply with all Idaho Code Regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages.
b. The drinking establishment shall not be located within three hundred feet (300') of
a property used for a church or any other place of worship, or any public or
private education institution, nor shall the drinking establishment be located
within one thousand feet (1,000') of an adult entertainment establishment;
provided, that this limitation shall not apply to any duly licensed premises that at
the time of licensing did not come within the restricted area but subsequent to
licensing came therein; the expansion of an existing establishment may be
allowed with the approval of a conditional use permit as set forth in section 11-
5B-6 of this title.
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. The existing outdoor dining area is allowed to remain
as is.
2. The maximum number of allowable clients/guests at the facility at one time shall be
limited to the maximum occupancy determined by Building and Fire Code.
3. The hours of operation shall be limited from six o'clock (6:00) A.M. to ten o'clock
(10:00) P.M. per the standards in UDC 11-2B-3B.
B. Ada County Highway District (ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=186145&dbid=0&repo=MeridianC
ity&cr=1
C. Department of Environmental Quality (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=185205&dbid=0&repo=MeridianC
ity&cr=1
D. Idaho Transportation Department (ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=185516&dbid=0&repo=MeridianC
ity
E. Meridian Fire Department (MFD)
Meridian Fire Department made no comments on this project; they have no concerns at this time.
IX. FINDINGS
A. Conditional Use Permit
The Commission shall base its determination on the conditional use permit request upon the
following:
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1. 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 site meets all the dimensional and development regulations in the C-N zoning
district. Therefore, Commission finds the site is large enough to accommodate 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.
Commission finds the proposed drinking establishment will be harmonious with the
Comprehensive Plan per the analysis in Section V of this staff report.
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.
Commission finds the operation of the proposed drinking establishment, with the specific
use standards followed, should be compatible with the other commercial and residential
uses in the area and will not adversely change the essential character of the surrounding
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.
If the proposed drinking establishment complies with the conditions of approval in
Section VII as required, Commission finds the proposed use should not adversely affect
other properties in the vicinity.
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 proposed use is within an existing commercial building and these services are
already being provided to the business. Therefore, Commission finds the proposed use
will be served adequately by all public facilities and services.
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.
Commission finds the proposed use should not create any additional costs for public
facilities and services and will not be detrimental to the economic welfare of the
community.
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.
As with any business that serves alcohol, noise could be an issue. However, this business
has been operating for a few months and there have been no complaints regarding noise,
smoke, fumes, etc. In addition, this business is located within a small commercial enclave
and is no closer than 100’ from any residential structure while being separated by a 6-
foot vinyl privacy fence and landscaping. Further, the hours of operation will be limited
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from 6am to 10pm. Therefore, Commission finds the proposed drinking establishment
should not be detrimental to any persons, property, or the general welfare.
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. (Ord. 05-1170, 8-30-
2005, eff. 9-15-2005)
Commission is unaware of any natural, scenic, or historic features on this site; thus, Staff
finds the proposed use should not result in damage of any such features.