PZ - Staff Report 3-18STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/18/2021
DATE:
TO: Planning & Zoning Commission
FROM: Joe Dodson, Associate Planner
208-884-5533
SUBJECT: H-2021-0004
The Oasis
LOCATION: The site is located on a portion of 3185
E. Ustick Road, at the southwest corner
of N. Eagle Road and E. Ustick Road, in
the NE '/4 of the NE '/4 of Section 5,
Township 3N., Range IE.
I. PROJECT DESCRIPTION
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Legend
U Project Location
Conditional Use Permit request for an approximate 7,000 square foot drinking establishment, music
venue, and nightclub on a portion of 3.26 acres of land in the C -G zoning district, by Brian Tsai,
Balboa Ventures.
IL SUMMARY OF REPORT
A. Project Summary
Acreage
Future Land Use Designation
Existing Land Use(s)
Proposed Land Use(s)
Lots (# and type; bldg./common)
Physical Features (waterways,
hazards, flood plain, hillside)
Neighborhood meeting date; # of
attendees:
History (previous approvals)
Details
Portion of 3.29 (C -G zoning district)
Mixed Use Regional
Vacant but being developed
Commercial
On 1 of 5 building lots
Milk Lateral runs along southern boundary of property;
easement being respected and verified in CZC approvals.
January 14, 2021 — 15 attendees
H-2019-0082 (DA Modification to remove the subject site
from an existing DA and enter into a new one specific to
this site; DA Inst. #2019-121599); H-2020-0104 (Pre -plat
approval to subdivide property into 5 lots); A-2019-0376 &
A-2021-0010 (CZC for parking lot, landscaping, and other
relevant site improvements); A-2021-0012 (CZC and
Design Review approval of the building proposed to house
requested business).
Page 1
tion Details
Testimony Due to the controversial nature of this project, there
has been a number of written and verbal testimony
both for and against this project. Please go here to
review this public testimony.
B. Community Metrics
Details
Ada County Highway District
• Distance to Fire Station
1.2 miles from Fire Station #3
• Staff report (yes/no)
Yes; Comply with letter noting review that occurred with
This project lies within the Meridian Fire response time
urgent care CZC (A-2020-0163).
goal of 5 minutes. 1
• Requires ACHD Commission
No
Fire Station #3 reliability currently 80%
Action es/no
• Risk Identification
Risk Factor 3 — commercial
Access (Arterial/Collectors/State
Access is proposed via a proposed shared driveway into
Proposed project meets all Fire required access, road
Hwy/Local) (Existing and
the development from E. Ustick Rd. No direct access is
widths, and turnarounds.
Proposed)
proposed or allowed to E. Ustick Rd. or N. Eagle Rd.
• Distance to Station
Stub Street/Interconnectivity/Cross
Subject site has existing cross -access agreements in place
Access
for sites within the original 3 acre parcel. Staff is unaware
of any cross -access agreements with adjacent sites to the
Between 2/1/2019 - 1/31/2021, the Meridian Police
west and south (Villasport approvals).
Existing Road Network
Internal drive aisles and adjacent drive aisles are currently
under construction.
Existing Arterial Sidewalks /
The required sidewalks and landscaping are currently
Buffers
under construction commensurate with the approved CZC
Between 2/1/2019 - 1/31/2021, the Meridian Police
plans (A-2019-0376).
Proposed Road Improvements
Applicant is not required to perform any road
improvements because Ustick and Eagle are at their full -
build out at this time.
Fire Service
• Distance to Fire Station
1.2 miles from Fire Station #3
• Fire Response Time
This project lies within the Meridian Fire response time
goal of 5 minutes. 1
• Resource Reliability
Fire Station #3 reliability currently 80%
• Risk Identification
Risk Factor 3 — commercial
• Accessibility
Proposed project meets all Fire required access, road
widths, and turnarounds.
Police Service
• Distance to Station
3.5 miles from Meridian Police Department
• Response Time
Approximately 3.5 minute response time to an emergency.
• Call Data
Between 2/1/2019 - 1/31/2021, the Meridian Police
Department responded to 2,967 calls for service within a
mile of the proposed development. The crime count on the
calls for service was 251.
Between 2/1/2019 - 1/31/2021, the Meridian Police
Department responded to 198 crashes within a mile of the
proposed development. See attached documents for
details.
• Additional Concerns
Following any approvals, Police will want to meet with
Applicant on expectations of Police.
Page 2
C. Project Area Maps
.Future Land Use Map
.Aerial Map
.Zoning Map
Legend
Project Location
G: 1
R-8
R-4 MEW`
III. APPLICANT INFORMATION
A. Applicant:
Planned Development Map
Brian Tsai, Balboa Ventures — PO Box 109204, Boise, ID 83719
B. Owner:
Nate Ballard, Wadsworth Development — 166 E. 14000 South, Ste. 210, Draper, UT 84020
Page 3
C. Representative:
N/A
IV. NOTICING
Newspaper Notification
Radius notification mailed to
properties within 500 feet
Site Posting
Nextdoor posting
V. STAFF ANALYSIS
Planning & Zoning
Posting Date
2/26/2021
2/23/2021
3/7/2021
2/25/2021
City Council
Posting Date
The subject property was annexed in 2003 as part of a larger annexation area (AZ -03-018).
There was a Development Agreement (DA) associated with this annexation which was modified
in 2019 to remove this property from that DA (H-2019-0082) and enter into a new one serving
just this site (DA Inst. #2019-121599). The land owner received approval to subdivide the
property for future ownership purposes.
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
Mixed Use Regional (MU -R) — In general, the purpose of mixed-use designations is to provide
for a combination of compatible land uses within a close geographic area that allows for easily
accessible and convenient services for residents and workers. The intent is to promote
developments that offer functional and physical integration of land uses, to create and enhance
neighborhood sense of place, and to allow developers a greater degree of design and use
flexibility.
Specifically, the purpose of the regional designation is to provide a mix of employment, retail,
and residential dwellings and public uses near major arterial intersections. The intent is to
integrate a variety of uses together, including residential, and to avoid predominantly single use
developments such as a regional retail center with only restaurants and other commercial uses.
Developments should be anchored by uses that have a regional draw with the appropriate
supporting uses.
The subject site is located at the southwest corner of the intersection of E. Ustick Road (an
arterial street) and N. Eagle Road/SH SS. Staff and the Applicant understand the importance of
providing more commercial uses in this area, especially on an undeveloped corner. To the east
and across Eagle Road are two large commercial centers; to the north is an additional
commercial center. These surrounding areas provide a plethora of commercial uses that are used
at a regional level. Directly to the west of the subject site is intended to be a high-end indoor gym
(Villasport) and further to the south of the site is existing residential and some community serving
commercial. As these lots get developed over time, Staff believes that they will continue to add to
the City's commercial base and will likely be a higher benefit to users of the future Villasport and
residents to the southwest of this site. The proposed business of a nightclub and music venue
offers a new commercial use not only to this area of Meridian but to Meridian as a whole. Staff is
of the opinion that despite being on a relatively small site, the proposed use would have regional
pull for patrons. Therefore, this project, in conjunction with the approved uses to the west, should
satisfy the comprehensive plan and mixed-use policies.
Page 4
B. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan):
Some applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Require appropriate building design, and landscaping elements to buffer, screen, beautify, and
integrate commercial, multifamily, and parking lots into existing neighborhoods." (5.01.02D).
There is no neighborhood directly adjacent to the subject site but the closest home is
approximately 330 feet from the southern property line. Future commercial buildings and
parking lots will separate this project from existing residential to the southwest. However, with
the recently approved CZC and Design Review approval for this multi -tenant building, the
approved landscaping meets all code requirements and helps to beauty the property while
offering an appropriate visual landscape buffer to the closest neighborhood to the southwest.
Likely, the subject site will not be directly viewable from the nearest residential neighborhood
once other properties redevelop in the near future. The parking is located on the interior of the
overall property which will be largely screened by buildings and helps screen the parking lot
from adjacent properties, usually one of the most noise inducing elements of a commercial site.
The approved building that is to hold the proposed use is constructed with a modern and urban
design that should integrate with the overall design of the other properties and with those
adjacent to the site. However, according to the Applicant, the real buffering of the proposed use
comes from within the building where there is proposed soundproofing materials, techniques, and
technologies. When it comes to screening and buffering any incompatibilities of the proposed use,
Staff finds the proposed landscaping and internal building materials to be sufficient in integrating
the use into the existing and planned development.
"Diversify Meridian's economic base to establish and maintain a self-sustaining, full-service
economy." (2.06.01). Meridian does not have a business of the kind being proposed within this
application. The Applicant appropriately described within their narrative the lack of
entertainment, art, and music activities available within the City. The Applicant discusses this as
a major need for the City. Staff can see the proposed use as adding to the economic base of the
City because it would be a new type of use and offer a commercial use in the hours after IOpm,
which is not a normal occurrence within the City.
"Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments. " (3.07.02A). Pedestrian connectivity to this site is not
one of the major issues for this proposed use. Where feasible, each building site will have
pedestrian connections to one another and will have connections to the sidewalks along the
adjacent major roadways on the north and east sides of the overall site. So long as these
connections are required with each CZC review, Staff believes the subject site will have adequate
pedestrian circulation especially due to the relatively small size of the overall commercial
development. In addition, as future commercial sites to the south develop and additional
pedestrian connections are introduced to the area, future patrons of this nightclub would have
ample places to recreate before and after participating in this use and get to and from different
uses safely.
"Determine and respond to the community's art and cultural facility needs." (5.03.01E). The City
is not working in collaboration with the Applicant so the context of this policy is not precisely
what is called for within the comprehensive plan. However, a private business can add art and
cultural facilities just as easily as the City. According to the Applicant, a nightclub/indoor
recreation facility/drinking establishment can and should add to the community's art and culture.
It is the Applicant's intent to increase the availability of a music venue for Meridian residents to
have more opportunity to share in music as art and potentially bring new cultural experiences to
Meridian through this business and venue.
Page 5
"Enhance crime prevention awareness through the education of neighborhood watch groups,
multi -family property management companies, homeowners' associations, and other
organizations." (4.11.02F). The Applicant has been eager to work with the Meridian Police
Department in order to help mitigate any future negative impacts of the proposed use. The Police
cannot give an "approval " of the proposed project but they are working with the Applicant and
have had conversations with the Applicant. MPD has shown interest in educating the Applicant
on any and all crime prevention techniques here in Meridian.
"Support efforts to evaluate and plan for future transportation services such as public transit, on -
demand services, autonomous and shared vehicles." (6.01.04A). Again, the City is not partnering
with the Applicant in pursuit of this policy but the Applicant has discussed thoroughly the
applicability of ride -sharing for patrons of their proposed business. The Applicant noted that in
most markets an average of 40% of the patrons for a business like this utilize ride -shares like
Uber and Lyft in order to offset parking or having to drive at all. Staff cannot confirm these
statistics but with the lack ofpublic transportation within the City and the overall car dominant
landscape we live in here in Meridian, it is unlikely that the 40% usage would occur for those
attending The Oasis. There should be no doubt this service would be utilized but not at a level
that Staff can overlook the parking and traffic issues presented by the proposed use.
Staff finds this development to be generally consistent and in alignment with the
Comprehensive Plan as noted above.
C. Existing Structures/Site Improvements:
The subject site is currently having its basic improvements completed (grading, drainage, water &
sewer, and parking lot) but generally is a vacant parcel. Recent site visits also show a foundation
of one of the approved buildings within the site (nearest Eagle and in the southeast corner of the
subject site). All road improvements along Ustick and Eagle Roads are existing. With the
approved CZC, the building, utilities, and drainage will be completed regardless of the proposed
use being approved or denied.
D. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual):
The submitted conceptual elevations are those approved with the recent CZC and Design Review
approvals. The approved commercial building complies with the UDC and the Architectural
Standards Manual. The elevations show modern architecture with glazed glass storefronts,
awnings, vertical trellis, and varying wall modulation on all sides of the building. In addition, the
elevations show brick, polymer, and rustic corrugated metal panels as finish materials. As noted,
these elevations have already been approved by Staff at an administrative level.
E. Dimensional Standards (UDC 11-2):
The building proposed to contain the proposed use has recently received CZC approval and meets
all dimensional standards for setbacks, parking, building height, and access. The proposed use of
a music venue falls under the Indoor Recreation Facility specific use standards (UDC 11-4-3-2)
and if one is to be located within 1,000 feet of an existing residence a Conditional Use Permit is
required; part of the Applicant's CUP request is to satisfy this requirement. In addition, one of the
proposed uses is for a Drinking Establishment and is also subject to specific use standards (UDC
11-4-3-10); the required dimensional standards noted within this code section are being met with
the CUP request.
F. Proposed Use Analysis:
The administratively approved building, Eagle View Retail Center, will be approximately 8,300
square feet in size with two tenant suites. The Oasis is proposed in the larger suite at an
Page 6
approximate size of 7,000 square feet. The uses allowed on the subject site are those listed in
UDC Table 11-2B-2 for the C -G zoning district. The proposed business is a combination of a
nightclub and music venue which falls under Drinking Establishment and Indoor Recreation
Facility uses within the development code, respectively. The indoor recreation facility use is a
principally permitted use within the C -G zoning district unless it incorporates a music venue and
is located within 1,000 feet of an existing residence which then requires a conditional use permit;
this is the case with the proposed use of the music venue because the building is approximately
330 feet from the nearest residence. A drinking establishment is a conditional use within the GG
zoning district. Therefore, the Applicant is requesting conditional use permit approval for these
two uses to reside within one building and one business, The Oasis. Staff recommends the
Commission review the Applicant's narrative to gain further insight into how the business
is intended to operate in terms of soundproofing techniques, security, business operations,
and alcohol consumption. Staffs use analysis is not exhaustive as the Applicant's narrative
details more of their proposals than is necessary to discuss within this staff report.
According to the Applicant, The Oasis is meant to be a premier music venue and nightclub that
offers entertainment and a nightlife for those in Meridian, much like other prominent cities. The
Applicant also understands the negative stigmas surrounding a "nightclub " and provided a
detailed response to this within their narrative. Staff agrees with some of the points made by the
Applicant but must analyze the proposed uses against development code.
As noted, the approved building and proposed uses meet all required dimensional standards as
they are not directly adjacent to a residential district (approximately 330 feet from the closest
residential district) and meet all building and landscaping setbacks. It is anticipated that directly
south of the approved building there will be additional landscaping, a larger parking lot, and a
drive aisle. This parking lot and landscaping received preliminary approval with the Villasport
applications and a user is currently in process on this site that would make these improvements
more tangible. This parking lot and landscaping would abut the drive aisle that extends from N.
Cajun Lane to the south and continues north adjacent to this subject site and connects to Ustick,
the main access to this commercial development. This drive aisle is currently being constructed
with the site improvements for Eagle Commons as a whole to ensure there is more than one way
to get to the entrance of the site. Further discussion on this is in the Access section below, V. G.
With the proposed uses of a music venue and nightclub, capacity and hours of operation are
integral factors in determining the compatibility of the uses with neighboring and planned
development. The Applicant proposes hours of operation for The Oasis as 4: OOPM to 1: OOAM on
the weekdays and 4: OOPM to 2: 00" on the weekends. It is unclear what specific days the
Applicant is referring to as "the weekends; " Staff is recommending for future analysis,
discussion, and conditions of approval purposes that this is in reference to Friday and Saturday
nights only. The Villasport site was approved to remain open until 12: OOAM, midnight which
would cover a majority of the same operating hours proposed with this application. Both
proposed uses, Villasport and The Oasis, are likely to drastically increase activity on this
currently vacant corner. However, the Villasport approvals are set to expire soon unless that
Applicant applies for a time extension. This calls into question how this corner will look in the
coming years and it is not feasible for Staff to speculate too far as there could be many unknowns.
Staff must analyze this project based on the current situation known which includes the Villasport
development.
The Oasis is further away from the existing residential than Villasport but this does not mean any
negative impacts are automatically alleviated. Therefore, Staff recommends weekday (Sunday
thru Thursday) hours for The Oasis be limited to 4: OOPM to 12: OOAM. These hours of operation
for the weekdays match the closing time of Villasport making it more compatible with that use
and nearby residential development. The opening time is of less concern to Staff because these
Page 7
types of businesses do not generally have peak hours of operation earlier in the evening. It can be
assumed that the 4:OOPMstart time is likely more associated with private events like that of
weddings than it is associated with the nightclub or concert uses. In addition, the hours of
operation are only applicable to use of the site by those other than employees; ancillary indoor
business activities are allowed beyond these hours for employees, as outlined in UDC 11 -2B -3B.
Staff recommends the weekend (Friday & Saturday) hours are also limited to help with being
compatible to nearby residential. These hours should be limited to 4: OOPM to 1: OOAM, a
reduction in one hour of operation from the Applicant's request and one more hour than the
weekdays.
The Applicant's original narrative estimated a capacity of approximately 1, 000 patrons for the
7, 000 square foot tenant suite. After receiving a conceptual floor plan, preliminary discussions
with Fire plan reviewers discussed a maximum capacity closer to 700 persons; the exact number
for maximum building occupancy cannot be known until architectural plans are submitted with
building permit submittal at a later date. However, through the CUP process, capacity can be
limited further. Because of the issues outlined in this staff report, Staff recommends capacity be
limited to no more than 500 persons to include employees. Employees will likely take up parking
spaces for the entire hours of operation so they should be included in the maximum capacity. The
Applicant and Staff have discussed this number and there is preliminary agreement on this
condition. Staff arrived at this number because it is the same ratio as the minimum parking ratio
for the proposed use, a 1:4 ratio. 500 persons and 125 parking spaces equate to one (1) space for
every four (4) people; drastically improved from one (1) space for every 6 or 7 people with a
capacity over 700. Further analysis on the parking is below in section V.H.
IF the Applicant can adhere to the recommended conditions of approval noted below, Staff finds
the proposed use is compatible with adjacent uses in that it should be mitigated appropriately.
Commission may determine further mitigation is needed through this CUP process.
G. Access (UDC 11 -3A -3,11-3H-4):
Main access to and for this development will be via a shared driveway connection to Ustick Road
limited to a right-in/right-out access—the land owner is currently constructing this shared
driveway access for their development because this site is developing before the Villasport
project. There are no public streets as part of this commercial development and therefore no stub
streets are proposed. Instead, there are private drive -aisles as are standard for commercial
developments. The Applicant has an existing cross -access agreement with the adjacent
commercial properties (Inst. #106169335) but this agreement does not include a cross -parking
agreement.
As previously discussed above, the subject site abuts a drive aisle that connects to Ustick and is
the main access to this commercial development. This commercial drive aisle will be a
continuation of N. Cajun Lane, a private street, from the south but in fact will not be a named
street. This off-site drive aisle is currently being constructed with the site improvements for Eagle
Commons as a whole because Cajun Lane connects to Seville Lane and is an access point to
Eagle Road. Constructing this connection ensures there is more than one way to access the site
entrance other than from Ustick. The Eagle Road access is an existing access that is off-site and
limited to a right-in/right-out only access. Because the overall site, Eagle Commons, has received
preliminary plat approval to subdivided the property, cross -access and cross parking between the
five proposed lots is required. In the recorded Covenant, Conditions, and Restrictions (Inst.
#2020-075457) this cross -access is discussed and dictated for each lot and future user.
In addition to the shared drive aisle that abuts the property to the west, The Villasport site
improvements and recorded cross -access agreement will include an additional Ustick Road
Page 8
access point further west, N. Centrepoint Way. These access points to the arterial are long
approved for the site. Staff finds there is adequate and safe access to the site at full build -out and
with only the most adjacent Ustick access in conjunction with the drive aisle connection to Cajun
Lane and then out to Eagle Road. However, to help mitigate any residential cut -through traffic
this Applicant and land owner should work with the Villasport Applicant to construct a driveway
through their site in-line with where they plan to construct one in the future. This driveway would
provide a more direct means of accessing Centrepoint Way and the existing traffic signal at that
intersection without having to use the roads adjacent to the residential subdivision further to the
south.
Staff also agrees that at peak hours of business (after 8pm) access to the site should be improved
as adjacent traffic levels on Ustick and Eagle should be much less than at 5 or 6pm. This is due to
the fact there are not many businesses open beyond 9pm within Meridian that draw the kind of
customers that can be assumed for the proposed business. However, once the Villasport project is
constructed this may change and traffic along Ustick will likely increase in the hours between
8pm and midnight due to their approved operating hours as noted.
ACHD is the leading agency on access points for the City of Meridian and because peak traffic
times should not be drastically affected by the proposed use on any access point, ACHD did not
require a Traffic Impact Study for this application. Even with the assumed capacity of 1, 000
persons in the initial submittal this was not required and restricting the capacity to 500 persons
should help with the traffic concerns of this type of use. Further analysis regarding access should
be addressed to ACHD.
H. Parking (UDC 11-3C):
Minimum off-street parking is required to be provided in accord with the specific use standards
listed in UDC 11-4-3-49 for a restaurant use at the ratio of one (1) space per 250 square feet of
gross floor area because the Applicant has noted the business will be serving food. If food was
not being served, the minimum code required parking ratio would be one (1) space per 500 square
feet of gross floor area. In order to meet UDC minimum requirements for the approximate suite
size of 7,000 square feet, a total of 28 parking spaces should be provided.
With the approved CZC and the additional spaces on the site specific site plan, 102 parking
spaces are proposed on-site and would likely be used because there is an existing cross -access
and cross parking agreement in place for the site. Both the land owner and Applicant understand
the entire site will likely be used for parking for the proposed business. The approved plans do
not show any parking along the future northern commercial lots and the land owner has
guaranteed that those spaces will be built prior to this use commencing. Staff recommends a
condition of approval commensurate with these conversations and assurances. Stafffinds this
condition and assurance incredibly important to the project because those additional spaces
could amount to the 125 total spaces previously mentioned—depending on how the parking is
configured on the north side of the site, there is physical room for approximately a maximum of
37 additional parking spaces at the required 9 feet of width and including four landscape
planters in line with code requirements. Again, this is a maximum but does show additional
parking spaces will be provided on site beyond what is currently being shown.
With 30 additional spaces, a total of 132 spaces would be provided throughout the entire site,
exceeding the UDC minimums by approximately 45001o. However, not just this use can be
analyzed on site because only two other users are currently known and there is potential for
additional commercial buildings along the north side of the site. The two other uses currently
known are an Urgent Care Facility and Jamba Juice. Jamba Juice is intended to share the same
building as The Oasis and would be located in the 1,200 square foot suite to its east, requiring
five (5) spaces at a minimum. The urgent care facility will be closed by Spm and requires only 7
Page 9
spaces per UDC,• these hours of operation for the urgent care facility should not affect The Oasis
and are a preferred set of hours when adjacent to a use such as a nightclub and/or music venue
that has peak operating hours later in the evening and night.
As noted, other future uses on the undeveloped north half of the site are not currently known.
Preliminary discussions with the land owners have yielded assumptions that those future uses are
likely office uses with a potential for an additional drive-thru but nothing concrete is currently
known by Staff. With the potential of additional traffic and parking spaces being utilized during
the operating hours of The Oasis once future uses come online, Staff recommends the Applicant
and land owner obtain a cross parking agreement with the adjacent properties to the south and
to the west to increase the amount of available parking for the proposed use. In addition, a
minimum of 125 total parking spaces shall be constructed within Eagle Commons to obtain a
parking to patron ratio of 1: 4 in accord with previous approvals.
IF these conditions can be met, Staff finds the proposed uses of the property should minimize the
impact to the adjacent residential neighborhood.
I. Sidewalks (UDC 11-3A-17):
Minimum 5 -foot wide sidewalks are required adjacent to all commercial buildings as outlined in
UDC 11-3A-17. The building containing the proposed use has been approved with approximate
8 -foot wide sidewalks on the north and west side of the building. These areas of the site are where
patrons would congregate as the south and east side of the building contain a drive-thru. The
subject building is not directly adjacent to any public streets and was therefore not required to
directly connect to those sidewalks. However, the building will have easy access to proposed
sidewalks along the drive aisle to the west of the subject site which is being constructed by this
land owner because this site is being developed prior to the Villasport site.
J. Landscaping (UDC 11-3B):
A 5 -foot wide landscape buffer is required adjacent to the drive-through along the southern
property line. This landscape strip has been reviewed and approved with the existing CZC and
complies with code requirements. Furthermore, as the commercial site to the south develops in
the future, additional landscaping will be provided to screen the building and any future use from
the residences to the southwest.
VI. DECISION
A. Staff:
Staff recommends approval of the requested conditional use permit application per the conditions
of approval in Section VIII and the Findings in Section DX of this staff report.
B. Commission:
Enter Summary of Commission Decision.
Page 10
V11. EXHIBITS
A. Overall Site Plan (dated: 1/13/2021)
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Page 14
D. Conceptual Floor Plan
Page 15
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Page 15
ism
VII
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The Applicant and/or assigns has the ongoing obligation to comply with the existing
Development Agreement (Inst. #2019-121599) and all current City of Meridian ordinances
and previous conditions of approval associated with this site: H-2019-0082, H-2020-0104, A-
2019-0376, A-2021-0010, and A-2021-0012.
2. The Applicant shall have an ongoing obligation to comply with the specific use standards for
a Drinking Establishment (UDC 11-4-3-10) and Indoor Recreation Facility (UDC 11-4-3-2).
3. The Conditional Use Permit is approved with the following conditions:
a. The proposed business shall have operating hours as set forth: Sunday through Thursday,
4:OOPM to 12:OOAM and; Friday and Saturday, 4:OOPM to 1:OOAM.
b. The maximum number of patrons and employees allowed at any one time shall not
exceed five -hundred (500) persons.
c. A minimum of 125 parking spaces shall be provided on the overall Eagle Commons site
prior to commencement of the proposed uses.
d. The Applicant and/or land owner shall obtain a cross -parking agreement with the
adjacent sites prior to commencement of the proposed uses (Parcels 51105110111 and/or
51105110120).
e. Prior to obtaining Certificate of Occupancy for the building, the drive aisle connection
from Ustick Road to N. Cajun Lane shall be constructed.
4. To establish the new uses, the Applicant shall apply for a Certificate of Zoning Compliance -
Change of Use prior to commencing the proposed uses—with this submittal the Applicant
shall provide the cross -parking plan with adjacent sites as well as their plan to incentivize
patrons to use ride -sharing services to get to the site during events.
The Applicant and land owner shall work with adjacent land owners to construct a driveway
connection to the west commensurate with the Villasport approvals and site layout to have
more direct access to N. Centrepoint Way.
6. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2B-3 for the C -G zoning district.
7. The Applicant shall comply with all previous ACHD conditions of approval.
8. The conditional use approval shall become null and void unless otherwise approved by the
City if the applicant fails to 1) commence the use, satisfy the requirements, acquire building
permits and commence construction within two years as set forth in UDC 11 -5B -6F.1; or 2)
obtain approval of a time extension as set forth in UDC 11 -5B -6F.4.
Page 17
B. POLICE DEPARTMENT (MPD)
https:llweblink. meridianciU. org/WebLink/DocView. aspx?id=223212&dbid= 0&r0o=MeridianC
hty
C. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
https:llweblink. meridiancily. org/WebLink/DocView. aspx?id=223054&dbid= 0&r0o=MeridianC
D. ADA COUNTY HIGHWAY DISTRICT (ACHD)
https:llweblink. meridiancily. orglWebLinkIDocView. aspx?id=223661 &dbid= 0&repo=MeridianC
E. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
https:llweblink. meridiancily. org/WebLink/DocView. aspx?id=222985&dbid= 0&r0o=MeridianC
ky
IX. FINDINGS
A. Conditional Use Permit Findings (UDC 11 -5B -6D:
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.
If all conditions of approval are met, Staff finds the submitted site plan shows compliance
with all dimensional and development regulations in the C -G zoning district in which it
resides and compliance with the required specific use standards (UDC 11-4-3-2 & 11-4-3-
10)
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Stafffinds the proposed uses are, with Staff's conditions of approval, is harmonious with the
comprehensive plan designation of Mixed -Use Regional and the requirements of this title.
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.
Despite the proposed use being different than the residential uses nearby to the southwest,
Staffffnds the design, construction, and proposed operation and maintenance will be more
compatible with other uses in the general vicinity and should not adversely change the
essential character of the same area, so long as the Applicant complies with the conditions of
approval and maintains all required landscape buffers.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
Staffffnds the proposed use, if it complies with all conditions of approval imposed, will not
adversely affect other property in the vicinity.
Page 18
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.
Staff finds the proposed use will be served adequately by essential public facilities and
services because all services are readily available.
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.
All public facilities and services are readily available for the subject site so Staff finds that
the proposed use will not be detrimental to the economic welfare of the community or create
excessive additional costs for public facilities and services.
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.
Although traffic is sure to increase in the vicinity with the addition of the proposed business,
all major roadways adjacent to the site are already at their full width and the peak operating
hours should be later than peak traffic hours. In addition, if the Applicant complies with all
conditions of approval, Staff finds the proposed use will 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).
Staff is unaware of any natural, scenic, or historic features within the development area,
therefore, Stafffinds the proposed use should not result in damage of any such features.
Page 19