Loading...
Z - FFCLCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [H-2020-0036] 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 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] Page 2 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] Page 3 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 Page 1 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 Page 2 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 Page 3 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 Page 4 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. Page 5 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 Page 6 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. Page 7 VII. EXHIBITS A. Site Plan (date: 6/4/2019) Page 8 B. Applicant Narrative (date: 3/1/2020) Page 9 C. Landscape Plan (dated: 6/04/2019) Page 10 D. Building Elevations (date: 2/5/2019) Page 11 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: Page 12 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 Page 13 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.