Z - Signed Findings Item 5. 160
CITY OF MERIDIAN w IDIAN�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND 1DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for The Vault,Located at 140 E. Idaho
Ave in the O-T Zoning District,by Kent Brown.
Case No(s).H-2021-0017
For the Planning& Zoning Commission Hearing Date of: May 6,2021 (Findings on May 20, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 6, 2021,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 6,2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 6, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 6,2021,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-2021-0017#] Page 1
Item 5. 161
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 6, 2021, 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 § I I-
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 May 6,2021,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 11-513-617.2.
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 May 6,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2021-0017#] Page 2
Item 5. ■
By action of the Planning&Zoning Commission at its regular meeting held on the 20th day
of May 2021
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED
COMMISSIONER LISA HOLLAND VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED
COMMISSIONER MARIA LORCHER VOTED
Rhonda McCarvel, Chairman 5-20-2021
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: 5-20-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2021-0017#] Page 3
Item 5. ■
STAFF REPORTC�WE IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 5/6/2021 Le g e n d 1 ; I I I I r
DATE: ( I ti r f
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I III I
TO: Planning&Zoning Commission
Mun ter � = =
FROM: Alan Tiefenbach,Associate Planner -LoterafE-P'IWE-AVE
208-489-0573
SUBJECT: H-2021-0017 EE11
The Vault CUP
LOCATION: 140 E. Idaho Ave
I. PROJECT DESCRIPTION
The Applicant has submitted an application for a conditional use permit to allow a drinking
establishment in an existing building in the O-T zone district. The present business is a cigar bar
(retail establishment)that recently begun serving ancillary beer and wine.The applicant proposes to
expand the business to allow dispensing of all types of liquor. As this qualifies as a lounge,nightclub,
or tavern,UDC 11-2D-2 only allows the use through conditional use permit.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 2,170 sq. ft.+/-
Future Land Use Designation Old Town
Existing Land Use(s) Cigar bar with ancillary beer and wine.
Proposed Land Use(s) Drinking Establishment
Lots(#and type;bldg./common) 1 1oto
Neighborhood meeting date;#of March 18,2021 —no citizens in attendance
attendees:
History(previous approvals) CZC-11-023,DES 15-087,A-2017-0216,CZC,DES A-2021-
0048
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Item 5. F164]
Description Details Page
B. Community Metrics
Description Details Page
Ada County Highway District Traffic impact study not required.No comments
Access(Arterial/Collectors/State Primary access occurs from E. Idaho Ave,a local street.
Hwy/Local)(Existing and Proposed)
Existing Road Network Yes
Fire Service No comments submitted
Police Service No comments submitted
Wastewater
• Distance to Sewer N/A
Services
• Sewer Shed Five Mile Trunkshed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 14.09
• Project Consistent with Yes
WW Master Plan/Facility
Plan
• Comments • No additional comments
Water
• No comment
Page 2
Item 5. 165
C. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Owner
Joshua Evarts,Novemberwhisky Properties LLC—77 E. Idaho Ave, Ste 300,Meridian, ID,
83642
B. Applicant
Joshua Evarts -303 E. State Ave,Meridian,ID 83642
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Item 5. F166]
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 4/16/2021
Radius notification mailed to 4/13/2021
properties within 300 feet
Site Posting Date 4/22/2021
NextDoor posting 4/13/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
Old Town-This designation includes the historic downtown and the true community center.
Sample uses include offices,retail and lodging,theatres,restaurants, and service retail for
surrounding residents and visitors.A variety of residential uses are also envisioned and could
include reuse of existing buildings,new construction of multi-family residential over ground floor
retail or office uses.
The business is proposed to be located within an existing historic building which was constructed
in 1915 and significantly rehabilitated and remodeled by the present applicant in 2015-2016
The current establishment serves as a neighborhood cigar bar with ancillary beer and wine sales
(retail establishment), and is proposed to be expanded to allow all types of liquor, although the
applicant states the primary use is still a cigar bar. The business fronts directly onto E. Idaho Ave
and a certificate of zoning compliance(CZC) and design review(DES)were recently approved to
allow a 600 sq.ft. covered outdoor patio in the alley help activate the downtown area in and
around Generations Plaza. This type of neighborhood gathering place is exactly the type of
locally-owned and serving businesses intended by the Comprehensive Plan.
B. Comprehensive Plan Policies(https:llwww.meridiancitE.or /g compplan):
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):
• Support redevelopment and infill opportunities Downtown. (2.09.01)
The business is located within an existing building in the historic downtown core. This
would be considered redevelopment(more specifically, adaptive reuse of an existing
structure). The applicant made significant interior and fagade improvements in 2015-
2016 and is currently constructing an outside patio to activate the area.
• Encourage and support mixed-use areas that provide the benefits of being able to live,
shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and
enhancing overall livability and sustainability. (3.06.02B).
As mentioned, the business is located within the historic downtown core and zoned Old
Town (O-T). Within this area, a mix of land uses is encouraged which creates a vibrant
downtown, enhances sense of place, and provides gathering places for locals and
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Item 5. F167]
visitors. This existing cigar bar, which is now proposing to expand their uses to allow full
service serving of alcohol, is already serving as a community gathering place and this
proposal would enhance this use.
• Support a compatible mix of land uses Downtown that activate the area during day and
night. (2.09.02F)
The existing cigar bar and proposed conditional use to allow additional alcohol
consumption is the type of downtown use which activates an area during day and night.
• Minimize noise,lighting, and odor disturbances from commercial developments to
residential dwellings by enforcing city code.
The business and the outdoor patio will seat a total capacity of 49 people. Business hours
will be from 12PM—IOPMMon-Tours, 12PM to IIPM on Friday, and LOAM to IIPM
on Saturday. The purpose of the O-T district is to accommodate and encourage further
intensification of the historical city center in accord with the Meridian Comprehensive
Plan.As this business is within the old town mixed use district, the Comprehensive Plan
anticipates activating the area day and night.
C. Existing Structures/Site Improvements:
The existing and proposed business is located within a 1,500 sq. ft. space in an existing historic
building;this conditional use is to allow expansion of allowed uses.
D. Proposed Use Analysis:
The proposed use is proposed to still be primarily a cigar bar,but with the use expanded to allow
serving of all types of liquor(drinking establishment). This use is allowed by conditional use
permit in the O-T zone district subject to specific use standards.As this conditional use is to
allow the establishment of a new use, a Certificate of Zoning Compliance for a Change in Use
will be required per UDC 11-5B-1.
E. Specific Use Standards(UDC 11-4-3):
UDC 11-4-3-10 allows drinking establishments with the limitations that it shall not be within 300
feet of a church or any other place of worship or any public or private education institution. 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."
The nearest place of worship or educational facility is the United Methodist Church,which is
approximately 250 feet away. The closest residence is approximately 100 feet to the north, on the
opposite side of the alley as the proposed establishment. However,the church and the residence
are in the Old Town zoning district,which is not a residential district, and a mix of uses including
restaurants and drinking establishments are appropriate and encouraged.
NOTE:If the use is allowed to commence on the property, the applicant is required to obtain a
liquor license with the State, County and City prior to serving alcohol.
F. Dimensional Standards(UDC 11-2): (double read this)
In the O-T zone district,there is not a setback requirement,there is a minimum building height of
two stories,and there are requirements for streetscape improvements. The building in which this
establishment is already located is within an existing one-story historic building. Other than an
outdoor patio,no other extensions or additions are proposed as part of this business.
Page 5
Item 5. 168
G. Access(UDC 11-3A-3, 11-3H-4):
Access to this business is provided from NE 2'St and E. Idaho Ave. This proposal was referred
to ACHD,who had no comments.
H. Parking(UDC 11-3C):
UDC 11-3C-6B-3 requires one parking space for every one thousand square feet of gross floor
area in all traditional neighborhood districts. Lawfully existing structures in traditional
neighborhood districts shall not be required to comply with the requirements of this section
except when a proposed addition increases the number of off-street parking spaces normally
required,then the applicant shall provide additional parking.
The business is within an existing building, and no building additions have occurred(covered
outdoor seating is not considered an addition). This business is within the historic downtown
core,where adaptive reuse of historic structures is encouraged and on-street parking in the area is
plentiful. There are at least 17 existing on-street parking spaces in front of the business within
100 feet.
Sidewalks(UDC 11-3A-17)
Detached sidewalks and streetscape improvements already exist along E. 2'St and E. Idaho Ave.
I. Parkways
No parkways are proposed with this project.
J. Landscaping(UDC 11-3B):
Landscaping and streetscape improvements already exist along E. 2'St and E. Idaho Ave.
K. Fencing(UDC 11-3A-6, 11-3A-7):
An outdoor eating area has been approved for this project through a certificate of zoning
compliance with design review. This includes a Y-6"fence bordering the outdoor area.No other
fencing is existing or proposed.
L. Utilities
All utilities for the proposed development are already in place.No additional services are needed.
M. Building Elevations
No additional modifications to the existing building fagade have been proposed.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VII per the Findings in Section VIII.
B. The Meridian Planning&Zoning Commission heard this item on May 6,2021.At the public
hearing,the Commission moved to approve the subject conditional use permit request.
1. Summary of the Commission public hearing_:
a. In favor: Joshua Evarts
Page 6
Item 5. F169]
b. In opposition:None
c. Commenting: Joshua Evarts
d. Written testimony: None
e. Staff presentinggpplication: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s) testimony
a. None
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
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Item 5. [170]
VII. EXHIBITS
A. Approved Site Plan(CZC, DES A-2021-0048,March 26,2021)
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B. Approved Elevations of Outdoor Sitting Area(CZC,DES A-2021-0048,March 26, 2021)
0 a.
NORTH ELEVATION (BUILDING)
0
Page 8
Item 5. 171
C. Site Photos (date: 4/14/2021)
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Existing business as viewed from E. Idaho Ave
Rear of site as viewed from N. 2'St showing area of outdoor patio
Page 9
Item 5. F172]
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. 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.
2. Applicant shall comply with all previous conditions associated with development of this site
including CZC-11-023,DES 15-087,A-2017-0216, and CZC,DES A-2021-0048.
3. The Applicant shall have an ongoing obligation to comply with the specific use standards for a
Drinking Establishment(UDC 11-4-3-10).
4. The business shall comply with all Idaho state,local and City code regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages.
5. Outdoor activity associated with the business shall be restricted to the 600 sq. ft. outdoor patio.
6. Future development shall be consistent with the minimum dimensional standards listed in UDC
Table 11-21)for the O-T zoning district.
7. The Applicant shall comply with the outdoor service and equipment area standards as set forth in
UDC 11-3A-12.
8. The Applicant shall comply with the outdoor lighting provisions as set forth in UDC 11-3A-11.
9. The applicant shall complete a certificate of zoning compliance for a change in use as required
per UDC 11-5B-1.
C. MERIDIAN POLICE DEPARTMENT
https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=226106&dbid=0&r0o=MeridianC
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 building is an existing building in the O-T zoning district. All parking, sidewalks and
landscaping is already installed. The outdoor patio meets all setback requirements and does not
encroach into any public right of way.
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 as Old Town. This designation includes the historic
downtown and the true community center. Allowed uses include offices, retail and lodging,
theatres, restaurants, and service retail for surrounding residents and visitors. The existing cigar
bar and expansion to allow serving of alcohol will encourage a neighborhood "hang out"for
locals and guests. This type of use is what has been envisioned for this area by the
Comprehensive Plan.
Page 10
Item 5. F173]
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.
As mentioned, the existing and expanded use is within an existing historic building, and is within
the Old Town district in which retail, restaurants and drinking establishments enhance 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.
The proposed use is within the old town area where the type of use proposed is anticipated. It will
not adversely affect other properties in the vicinity any more than any of the other surrounding
restaurants, coffeeshops and drinking establishments.
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 be beneficial 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 cigar bar and drinking establishment is using existing tenant space within a
historic building, and the Commission is recommending outdoor activities be restricted to the 600
sq.ft. outdoor patio. The surrounding area already consists of restaurants, retail, and drinking
establishments as anticipated in the old town. 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 proposed use will occur in a historic building in a historic district. The applicant has already
made significant upgrades to the building, enhancing the area. The proposed use will contribute
to a vibrant downtown space.
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