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Loose Screw Brewery H-2020-0081 Findings Item 2. F 3 CITY OF MERIDIAN E IDIAN�-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND 1DAH0 DECISION& ORDER In the Matter of the Request for conditional use for Loose Screw Beer Company,Located at 1511 W McMillan Road in the C-N Zoning District,by Mary Murphy,Grand Peak LLC. Case No(s).H-2020-0081 For the Planning& Zoning Commission Hearing Date of: August 20, 2020 (Findings on September 17,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 20,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 20, 2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 20, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 20, 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). File#H-2020-0081. Page 1 Item 2. F 4 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of August 20,2020, 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 is hereby approved in accord with the conditions of approval in the staff report for the hearing date of August 20,2020,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 11-513-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.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. 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 August 20,2020 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). File#H-2020-0081. Page 2 Item 2. 75 By action of the Planning&Zoning Commission at its regular meeting held on the 17th day of September 12020 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: 9-17-2020 City Clerk's Office Charlene Way CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). File#H-2020-0081. Page 3 Item 2. ■ EXH I BIT A STAFF REPORTC�WE IMAM-' COMMUNITY DEVELOPMENT DEPARTMENT -j A H O HEARING 8/20/2020 Legend 5/ 2 DATE: 0 IF :�� TO: Planning&Zoning Commission FROM: Alan Tiefenbach,Associate Planner 208-489-0573 0 SUBJECT: H-2020-0081 Loose Screw Beer Company-CUP LOCATION: 1511 W McMillan Road n �IFR al L PROJECT DESCRIPTION The Applicant has submitted an application for a conditional use permit(CUP)to allow a 2,200 sf brewery(defined as minor food and beverage products processing). This includes outdoor seating and potentially live music. The applicant will be leasing space within Building A of the Sawtooth Village Retail Center,which is still under construction. Because this property is within 300 feet of a residential district, a conditional use is required. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.98 acres(two lots containing two buildings) Future Land Use Designation Mixed Use Neighborhood Existing Land Use(s) Two commercial buildings under construction Proposed Land Use(s) Minor food and beverage processing Lots(#and type;bldg./common) 2,200 sf within one of two 10,000 sf buildings Neighborhood meeting date;#of June 23,2020—14 signed in,no concerns expressed attendees: Page 1 Item 2. F77 Description Details Page History(previous approvals) 77-13-010(McLinder Subdivision),DA 114020372,PP-13- 022;FP-15-001 (Lot 27,Blk 1,McLinder Sub.2);A- 2019-0248(Sawtooth Village Retail Building A—CZC/DES) B. Community Metrics Description Details Page Ada County Highway District Traffic impact study not required. Access(Arterial/Collectors/State Access will occur from N. Linder Rd. and W.McMillan Hwy/Loca1)(Existing and Proposed) Rd.,both arterials. Existing Road Network Yes Fire Service No comments submitted Police Service No comments submitted Wastewater • Distance to Sewer N/A Services • Sewer Shed White Drain Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.97 • Project Consistent with Yes WW Master Plan/Facility Plan • Comments • Flow is committed • No proposed changes to public sewer infrastructure within record.Any changes shall be reviewed and approved by Public Works. Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • No changes to public water infrastructure proposed Page 2 � m IIIP319■1 ■ AW" �■■1N'1■1s HY■■ II ■�■ 11■11 IIII141®III■■ ". .,! .I - i IZ =1 11 - ■■� ' 11 r N - p uuuw uu ��_' .uuuuu 1 111 .�._ 111■ I I:===I■111111 Z - 11 ■ _- I -�I _ -:,t■11��■J � / r6sl1 IIIIIIY Illlill_i1111111. .111.+.Lhr IIIIIIII ■ _••. ■ IIN� y na'* ............ _ r■;a�Y 1 =�i'll ; 11■II_■ I '� _uNI■ I-- z 1 Jim ■ ■ 1 �2�..- iniii ■Z �Z 'xY X' .I� ' .' - - ' '1 111111111 Inil mr �■ II P.1111 111 1. 111111 II111 _■ IYIF In 0 fill II 1 'iuuueh�l IIIIII ■�■.�N■_ uuu■ •g 1 _ ' 0. pu1.• u u ■uuu" ■■ on IN L, INZ� eIN IN � I :1 III E:m■I eiu■ ii i:■ C unus 1 C II NONE u■u IIIPu■ YI well II m '+ :-piiiijili1 PPIP ■ n 111111 ■■■-IIINill Ni111 IIIINY _ ■■ IINIII NIIII PW NONE ■uuu uI Cp nuuln uunl j 111 n ■uu11u Film p w lul 1 111I II ■=�.=uulll q. ..a �_ c' II ■F�c uull'II5111 ■u■ -u7■ - w ■�i ..u�7■.��II_ h IIIIY NONE um�ll,. i _�,1.1n . R p1111Y�1`:u ul nln�a. ., I un■r!_` r� ,.y �Iuuw 4 ■ "-+ 1r+u Iw r! RpiiR P I.I. �Yili lul,2 -I■IIIIIIII uuuu -u .-� • C uuu■ 9L.fJ I•' ■ - = n�la �: u■ ■■ 2 - ��iii -a ■u I ONE rMlllr liuuglll,�-_ In II III uuu :_ - 11 m■1 In d111I1....... uw I■■u■ Yf,1Y 11p�Y `- w II q w NONE. nunr■1- 1 � uq w I�lu• Yll�le+�-' I unu■_ ■ 1■aluull III q■ ■•lun. 1 uw II u= _ u m -. 1 i=...■NONE _P - � - I •NONE u■ �.�1 i��'■"+'uu� P �1 IN ■ - - IN u I ' : 1■ i E:■iiru- iR! •'75 �■ _ -C : 1■-�i.7 iilm- n■! •�MAN--;■■ • ■1 , •,uuu �1 II IE■ ■ uuu■ -� Ai 1 ',wm1tl� mI • n` uuu■ ■ R' PI IN „ i Item 2. 79 C. Representative: Mary Murphy,Grand Peak LLC—4202 N. Marcliffe Ave,Meridian ID 83704 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 7/31/2020 Radius notification mailed to 7/31/2020 properties within 300 feet Site Posting Date 8/5/2020 NextDoor posting 7/28/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Mixed Use Neighborhood-The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses.Non- residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile) and need regularly. The subject site is already zoned Neighborhood Business District(C-N). The proposed use will be leasing approximately 2,200 sf within a 10,000 sf building which is presently under construction as the Sawtooth Village Retail Center(two 10,000 sf buildings total). This complex will contain several restaurants, a gym,personal service uses such as nail salons, and the proposed brewery. A small brewery with occasional live music within a larger commercial complex adjacent to a multifamily neighborhood is exactly the type of local neighborhood serving use envisioned by the Comprehensive Plan. Also,pathways connect this complex to the adjacent neighborhood for better integration. The proposed brewery is a use determined to be appropriate in this zone district, subject to the specific use standards listed in UDC 11-4-3-46(discussed in specific use standards below). B. Comprehensive Plan Policies(https://www.meridiancioy.orglcompplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • Encourage infill development. (3.03.01E) The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment of existing parcels to a higher and better use that is surrounded by developed property within the City of Meridian."The brewery is proposed within a tenant space in a commercial center which is presently under construction. During the 2013 annexation and rezoning of this property, staff determined that the Sawtooth Village Retail Complex was infill development. Page 4 Item 2. 80 • Preserve private property rights and values by enforcing regulations that will prevent and mitigate against incompatible and detrimental neighboring uses. (3.05.01Q The conditional use is a process to ensure any impacts associated with a particular use are mitigated. Based on the applicant's narrative, staff is recommending the hours of the establishment be limited from IIAM to IOPM. To further reduce impacts on adjacent residential properties staff recommends a condition of approval that all outdoor seating and events associated with this use be limited to the 1,500 square feet plaza space between Buildings A and B. • Minimize noise,lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code. As mentioned above, staff is recommended hours be limited from IIAM to IOPM as a condition of approval, and outdoor seating and events be limited. The building and site design has already been approved through Certificate of Zoning Compliance (CZC)A- 2019-0248 and no additional outdoor improvements are proposed with this project(other than outdoor seating). • Require appropriate building design,and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods. (5.01.02D) Building design and landscaping was reviewed and approved with the Sawtooth Village Retail Center CZC.A 20'wide landscape buffer has been installed along the south property line adjacent to the multifamily residential. C. Existing Structures/Site Improvements: The proposed business will be a tenant within the Sawtooth Village Retail Center and will occupy the eastern end of Building A (the complex is comprised of two buildings). This development was approved in 2019 through CZCA-2019-0248 and is presently building out. D. Proposed Use Analysis: The proposed use will be a brewery and tasting area leasing 2,200 sf within a commercial building.Approximately 150 sf of the business will be dedicated to brewing and associated equipment, with the remainder for tasting.A brewery is categorized as minor food and beverage products processing and is use by right unless it is within 300 feet of a residential neighborhood. As the Sawtooth Village Retail Center abuts multifamily to the south (Mclinder Subdivision No 1) and single family residential to the east(Cobblefield Crossing) a conditional use is required. The applicant has stated they plan on 10 inside tables and 4-5 outside tables within a plaza just outside through several large doors and to the east. They will be sharing the plaza space with a restaurant at the west end of Building B on the other side of the plaza. The brewery will operate from IOAM to 9PM on weekdays and until IOPM on weekends. The proposed use complies with the zoning for the site but is subject to specific use standards as listed in 11-4-3-46. E. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-46 allows minor food and beverage products processing with several limitations. The tenant space shall not exceed 5,000 sf, storage of materials, storage and equipment must be within fully enclosed structures, (outdoor) mechanical equipment associated with the manufacturing may be reviewed as integral architectural elements, alcohol serving is limited to Page 5 Item 2. 81 IIAM to IOPM, and a conditional use permit shall be required when the use is located within 300 feet of existing residential or a residential district. The business will operate within a 2,200 sf space, no outdoor equipment or storage is proposed, hours of operation will be limited from IIAM to IOPM, and this project is being reviewed as a conditional use due to the adjacent residential to the south and east. The proposed use complies with the specific use standards. As mentioned, to reduce impacts on adjacent residential, staff is recommending the hours of the establishment be limited from IOAM to IOPM and all outdoor seating and events associated with this use be limited to the 1,500 square feet plaza space between Buildings A and B. F. Dimensional Standards(UDC 11-2): This use will occupy a tenant space within a commercial complex which is presently building out. The development was found to adhere to dimensional standards during the review of Certificate of Zoning Conformance and Design Review which was issued in 2019 (CZC A-2019-0248). G. Access(UDC 11-3A-3, 11-3H-4): Access to this development was already approved with the McLinder Subdivision (PP-13-022) and Sawtooth Village Retail Complex CZC. Two points of primary access occur; one from W. McMillan Rd and one from N. Linder Road. There are also two internal points of access (presently stubbed) at the east periphery of the property and to the undeveloped commercial property at 1385 W. McMillan Rd. As was requested with the June 24, 2020 pre-application meeting, the applicant submitted a copy of the recorded CC&R's that allow cross-access/cross- parking between all commercial lots in the center. This proposal was referred to ACHD, who mentioned a traffic impact study for this tenant was not required. There were no additional comments from ACHD. H. Parking(UDC 11-3C): UDC 11-3C-5B requires one space for every five hundred(500)square feet of gross f loor area. This amounts to 40 parking spaces for the two 10,000 sf buildings. 58 parking spaces have already been approved per the Sawtooth Village Retail Building CZC. The UDC requires 2 bicycle parking spaces for the development; 6 are being provided. In addition to the additional parking spaces being provided, it is important to note different uses have different peakparking demand times. The Sawtooth Village Retail Center will lease several office spaces, restaurants, a brewery, a gym and a nail and hair salon. Office and salon uses have peak parking demand times between 8AM and 6PM, whereas restaurant and brewery uses have peak demand times after 6PM.As mentioned above, a cross parking agreement was recorded with the CC&Rs for this development. The parking to accommodate this use should be adequate. I. Sidewalks(UDC 11-3A-17) Detached sidewalks already exist along W. McMillan Rd. and N. Linder Rd. There is also a pathway that directly connects the plaza (where outdoor eating and music is proposed) to the adjacent multifamily at the south. Parkways No parkways are proposed with this project. Page 6 Item 2. ■ J. Landscaping(UDC 11-3B): Most of the 25'landscape buffers required along W. McMillan Rd. and N. Linder Rd. (arterials) have already been installed as part of the Sawtooth Village Retail Building complex(although there are several sections that have yet to be constructed due to construction activities). The required 20'residential buffer already exists to the south between the retail complex and the adjacent residential. Landscape islands will be constructed in the parking lot and several trees have been approved in the outdoor plaza. K. Fencing(UDC 11-3A-61 11-3A-7): As the Sawtooth Village Retail Center is intended to be a commercial complex integrated into the adjacent residential neighborhood,fences do not exist. Conversely, several pathways lead from the neighborhood into this complex. L. Utilities All utilities for the proposed development are already in place. No additional services are needed. M. Building Elevations The Loose Screw Beer Company is a proposed tenant within a 2,200 square space at the eastern end of Building A of the Sawtooth Village Retail Center. The architecture for this complex was already reviewed and approved through the certificate of zoning compliance and design review process. This development is presently building out. 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. B. The Meridian Planning&Zoning Commission heard this item on August 20,2020.At the public hearing.the Commission moved to approve the subject conditional use request. 1. Summary of the Commission public hearing: a. In favor: Mary Murphy.Grand Peak LLC.Applicant b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission. Page 7 Item 2. ■ a. None 4. Commission change(s)to Staff recommendation: a. None Page 8 Item 2. 84 VII. EXHIBITS A. Approved Landscape Plan(CZC 2018-0052,March 7,2018) I ail k ` ins Brewery Outdeby r Proposed Seating k Here Proposed Here � LR7iO9CAFE FLRH B. Approved Elevations(CZC 2018-0052,March 7,2018) -�- Brewery Proposed h,-rc- P�,r Y Outdoor Seating Proposed Here Page 9 Item 2. F85] C. Site Photos (date: 8/10/2020) Sawtooth Retail Center viewed from W. McMillan Rd Outdoor Plaza r Back of Sawtooth Retail Center(south) viewed from adjacent multifamily Sawtooth Retail Center and outdoor plaza as viewed from W. McMillan Rd Page 10 Item 2. F86] VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. A Certificate of Zoning Compliance for Change in Use application is required to be submitted to the Planning Division and approved prior to certificate of occupancy. 2. The Applicant shall have a maximum of two (2)years to commence the use as permitted in accord with the conditions of approval. If the use has not begun within two(2)years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. 3. Outdoor seating and events associated with the use shall be restricted to no more than 1,500 sf within the outdoor plaza as indicated on the approved landscape plan above. 4. Hours of operation shall be restricted to 11AM to IOPM. 5. Parking requirements associated with the minor food and beverage products processing shall comply with the commercial parking standards; 1 per 500 square feet of gross floor area. 6. The Applicant shall comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 7. The Applicant shall comply with the structure and site design standards as set forth in UDC 11- 3A-19 and the Architectural Standards Manual. 8. Applicant shall comply with all previous conditions associated with development of this site including AZ-13-010(McLinder Subdivision),DA 114020372,PP-13-022,FP-15-001 (Lot 27, Blk 1,McLinder Sub. 2), and A-2019-0248 (Sawtooth Village Retail Building A—CZC/DES). 9. Applicant shall comply with all specific use standards required for Minor Food and Beverage Products Processing,UDC 11-4-3-46. IX. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 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 dimensional and development regulations in the C-Nzoning district. The site is already developing with adequate landscape buffers, setbacks, and parking. The 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. The Comprehensive Plan identifies this area for mixed use neighborhood; neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile) and need regularly.A neighborhood brewery connected to the adjacent residential including outdoor seating and live music is the type of neighborhood serving use envisioned by the Plan. Page 11 Item 2. 87 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. The design of the Sawtooth Retail Center was approved in 2018 by CZCA-2018-0052 and the proposed use is one of the tenants proposing to lease within the center. Hours will be limited to between IOAM and IOPM and all outdoor seating and events associated with this use is recommended to be limited to the 1,500 sf outdoor plaza. This type of neighborhood serving brewery enhances the essential character of the 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. As mentioned, conditions to reduce impacts include limiting the hours of operation and the amount of area outdoor activities can occur. 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 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. The 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. This proposed minor food and beverage products processing use will share tenant space within a new commercial building, hours will be limited and staff recommends outdoor activities be limited to the plaza area. It will be located in an area recommended for neighborhood mixed use in an area characterized by commercial, multifamily residential at an arterial intersection. The use is appropriate in this location. 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) The Commission is unaware of any natural, scenic, or historic features on this site; thus, Commission finds the proposed use should not result in damage of any such features. Page 12