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2021-10-20 Malissa Barnard Chris Johnson From:Mike and Malissa Bernard <MMBERNARD1@msn.com> Sent:Wednesday, October 20, 2021 10:36 AM To:Robert Simison; Treg Bernt; Joe Borton; Liz Strader; Luke Cavener; Brad Hoaglun; Jessica Perreault Cc:City Clerk Subject:The Dalton Royal former The Oasis location, concern that this is more later night bar than restaurant External Sender - Please use caution with links or attachments. Dear Mayor, City Councilmembers, and City Staff, It has come to Citizens’ attention that a change in use of the Wadsworth Shops pad closest to VillaSport, close to residences of Jackson Square and that of other Wadsworth tenants and nearby businesses of various uses. This was seen on a NextDoor post and as printed in Boise Dev. This is the site of the denied The Oasis proposal, and it is now known as The Dalton Royal, a “restaurant” with a sizeable bar and indoor rec space. A Drinking Establishment selling Food would normally start the CUP and Hearing process, yet this was deemed a restaurant. I understand Planning’s take, yet I do not support this decision since there is no guarantee that this will fall under typical restaurant hours, expectations, and I am not sure the later implied hours are compatible to the surrounding areas, regardless of it not abutting a residential area directly, in my honest opinion. Caleb Hood kindly emailed me to confirm my questions about the CZC process, as did Joseph Dodson; they were courteous and professional. In fact when I asked for written confirmation a large majority of the space seemingly designated as a recreational space (in my mind, flexible for dance floors, concerts, events, and other nightlife) and other concerns, Mr. Dodson wrote: I understand the concerns but there is no way to condition this application with hours of operation, etc. if no conditional use permit is triggered. The property does not abut any residential district directly so hours of operation are not limited. I presume the restaurant will close at similar hours as those businesses in this area simply from an economic standpoint (not much is open past 10pm in Meridian, a bedroom community). Based on the submitted conceptual floor plan (which will be further verified with a future building Tenant Improvement application), the restaurant area (tables/booths) vastly exceeds all other area of the suite. The Applicant will have to maintain the state required code for a restaurant (at least 40% of sales from food). Furthermore, if it becomes an indoor rec center, that is also a principally permitted use in the C-G zoning district and does not require a conditional use permit and allows ancillary restaurant and alcohol sales. In short, The Dalton Royal can be either a restaurant or an indoor rec facility without conditions beyond that of code. 1 A recent development in the CZC Application for The Dalton Royal CZCU-2021-0016 has Director Approval of the Project and it ends with the Director, as it occurred on October 15, 2021. For CZC’s there will be no postcards. There will be no notice. There will be no neighborhood meeting. There will not be a Planning and Zoning Hearing to work out the potential conflicts nor a City Council meeting for your Citizens and nearby business owners to ask for reasonable applied Conditions to ease their minds. 2 There will be no recourse for Citizens or Business Owners other than filing for City Council Review of the Director’s decision. I feel since such a large chunk of the business is later night (in the Narrative) there should have been some consideration for a reasonable template to be applied for enforceable Conditions as to be harmonious to the surrounding area. Many quality of life and compatible elements are outlined in the City Comprehensive Plan. The Citizens are concerned and want a good fit to the surrounding area for a Drinking Establishment (which is what this is, in my opinion…primary bulk of the revenue is liquor-based). Citizens and existing business owners are impacted and deserve appropriate consideration, as their due process is eliminated by this mode of approval and their input will not be weighed and considered via this route, imho. Proposed and Future Tenant Improvements are Administrative as well and they will never come to Citizens’ knowledge or your own, so that Conceptual Modular Stage can grow, that Bar can get larger, the tables pulled aside and you have an entertainment venue, dance floor, and perhaps a quasi-nightclub functioning in plain sight and under everyone’s nose, imho, with no Citizen recourse or input. The application for The Dalton Royal touts itself as combination restaurant, billiards site, arcade, indoor entertainment with a modular stage (subject to variable sizes), a huge bar that makes the kitchen look small, and will likely require a liquor license based on that bar’s size (not solely wine, beer, ciders). I would assume the many billiard tables to the left would vary in number, greatly improving the potentials for changes in use and capacity levels thus straining the under-parked Wadsworth parcel. This plan was submitted as basis for acceptance for the CZC and then another drawn plan is showing another layout (very flexible to remove), without any future conditional uses to be applied via a noticed public hearing by Commission or City Council because it was deemed a “restaurant.” 3 I broke up the space much like a bubble plan from the Applicant’s own rendering of the imagination for this space. Blue is REC SPACE, Purple is BAR, Green is KITCHEN related with dishwashing, freezers, misc. Orange is STORAGE AND RESTROOM, and RED is COMBINATION BAR, ENTERTAINMENT, and “RESTAURANT” SEATING (H for High-top seating, B for Bar) Much of this is BAR and INDOOR REC SPACE over Restaurant. 4 From an email from Joseph Dodson: “Based on the submitted conceptual floor plan (which will be further verified with a future building Tenant Improvement application),. The Applicant will have to maintain the state required code for a restaurant (at least 40% of sales from food). Furthermore, if it becomes an indoor rec center, that is also a principally permitted use in the C-G zoning district and does not require a conditional use permit and allows ancillary restaurant and alcohol sales. In short, The Dalton Royal can be either a restaurant or an indoor rec facility without conditions beyond that of code.” From the Applicant’s own rendering, vision for the space and flexible expectations submitted on Oct 6 2021 to the CZC Planning File here we can see the true intentions and presumed hours of operations and imagined future uses when compared to the Narratives submitted on two different dates. “Record Info”>”Attachments” https://citizenportal.meridiancity.org/CitizenAccess/Cap/CapDetail.aspx?Module=Planning&TabName =Planning&capID1=21CAP&capID2=00000&capID3=00FRI&agencyCode=MERIDIAN&IsToShowIns pection= Based on the Applicant’s Narratives and own floor plan I do not think the restaurant vastly exceeds all other areas of the suite, as many tables can be removed because neither personal or professional concept rendering is binding. The Bar is larger than the kitchen and kitchen storage areas. This site has the potentials to be far too flexible and far too large for its space (parking, late hours, traffic patterns, events) based on the broad brush it has been painted by the Applicant and approved by Planning Staff, in my opinion. The other Wadsworth businesses are not known to have traffic patterns in the evening to late evening hours according the Narrative below, suggesting that this business will have late evening hours. 5 Without hours specifically listed in the narrative, is it last call hours? 1 AM? 2 AM? Shouldn’t we know all these details before approval? In the Narrative below it is stated “…tenants sharing the Wadsworth Parking will be closed or near their closing hours at the time of our project’s peak hours.” Dutch Bros 11 PM or later. Wienerschnitzel perhaps 10 PM. AFC Urgent Care is 8 PM. So the “peak hours” for The Dalton Royal will be around 9 to 10 PM, forward? That is not typical restaurant hours. Bardenay closes at 9 PM or 10 PM, no later than 11 PM on weekends. Lucky Fins closes at 9 PM, and 10 PM on Friday and Saturdays. Restaurants typically have lunch service as well. This appears to be a Drinking Establishment first with an ancillary use of an Indoor Recreation Center with later night hours as a business plan serving food and should be subject to conditions, in my honest opinion. 6 I am submitting a similar type of application and CZC that has occurred recently at the City, and that is the Land Ocean Restaurant, which will likely serve liquor, yet lacks a dedicated stage and variable event potentials of The Dalton Royal establishment, and is not in close proximity to homes or family-friendly VillaSport. VillaSport Kids programs are located to the East nearest The Dalton Royal proposal. Land Ocean is not likely seeking 1 AM to 2 AM late Last Call hours or late evening hours as quoted from the Narrative. MeridianCity> Community Development Department> Certificate Zoning Compliance 2021> Land Ocean Restaurant CZC, DES-A-2021-0076 https://weblink.meridiancity.org/WebLink/browse.aspx?id=228435&dbid=0&repo=MeridianCity 7 This Dalton Royal CZC approval eliminates the possibility of Drinking Establishment Conditions and hours of operation, capacity limits, reasonable parking and traffic patterns, mitigation of conflicts, etc. The entitlements and wide open ancillary uses will carry with the pad, which was intended for SHOPS not late night business and multi-modal complicated business models, in my honest opinion. Here are links to City records. CZC Planning File via Citizen Portal https://citizenportal.meridiancity.org/CitizenAccess/Cap/CapDetail.aspx?Module=Planning&TabName =Planning&capID1=21CAP&capID2=00000&capID3=00FRI&agencyCode=MERIDIAN&IsToShowIns pection= MeridianCity> Community Development Department> Certificate Zoning Compliance> 2021> The Dalton Royal CZCU-2021- 0016https://weblink.meridiancity.org/WebLink/Browse.aspx?id=239966&dbid=0&repo=MeridianCity As extracted from the Warranty Deed, filed June 2020, page 37 of 57 of the CCRs, exhibit B https://weblink.meridiancity.org/WebLink/DocView.aspx?id=239973&dbid=0&repo=MeridianCity 8 Now this plan shows a lot of tables, but this is not a concrete layout that must be followed as Tenant Improvements vary. If the applicant’s desires for a lot of the tables to be removed, a stage added, and late night hours that are not typical restaurant hours with no indicators for typical lunch service as Homestead, Curb, Rudy’s and other business models, I believe the sterner of the code shall apply as a Drinking Establishment serving food. See applicant’s own drawing above and the variable potentials of removing many tables from the professional rendering. Restaurant. KEY WORD—Primary A .The use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse .B. Establishments with a liquor and/or beer and wine license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho Administrative Code 11.05.01.010.07. 9 It would seem that Pad 4 had a specific use that has been in place since approximately 2005/2006 that carried to the new owner as a responsibility to follow the DA and conditions therein (new MDA and Conceptual Plan as this parcel split from Sadie Creek, building concepts for this hard corner parcel were presented and approved by City Council in 2019, and in that MDA a Conceptual Plan showed SHOPS on Pad 4), and such CCRs, Conceptual Plans/ Elevations and entitlements were filed at the City of Meridian and Ada County. The picture above was filed with the County with the CCRs in June 2020. This approved Conceptual Plan shows up in numerous City files and videos. Perhaps the SHOPS was a long-cemented and intentional use to be least impactful to the nearby residents of Jackson Square and had been decided by a previous Council. With the Certificate of Zoning Compliance process, no Citizen or Business owner ever knows what is coming next to them or close to them…they receive no notice, and unless they searched City records specifically for every CZC that comes forth they would not know they have 15 days to request City Council review. Is this fair? Is it transparent? Shouldn’t a radius have notice and knowledge about the CZC and the time limit to file for a Review of the decision? https://library.municode.com/id/meridian/codes/code_of_ordinances?nodeId=TIT11UNDECO_CH2DI RE_ARTCINDI_11-2C-2ALUS 11-1-5. - Interpretation. 10 It is written in code: If conflicts occur between different regulations of this title, or between this title and other regulations of this Code, the most restrictive regulation shall apply. And City Code states: E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in chapter 1, "general regulations", of this title. F. For uses that may fall into more than one (1) category, the Director shall determine the most appropriate category based on the more restrictive standards. The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and 5. The proposed use is in substantial conformance with goals and objectives of the comprehensive plan. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)(Ord. 13-1546, 3-5-2013) Under 11-2C-2. – Allowed Uses D. Uses that are listed as P/C or A/C may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in chapter 4, "specific use standards", of this title. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in chapter 1, "general regulations", of this title. F. For uses that may fall into more than one (1) category, the Director shall determine the most appropriate category based on the more restrictive standards. Under City Code 11-1-8. - Preservation of private property rights. This title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbors' uses of their private property and equally protect each citizen's right to use of their property without creating undue burden upon their neighbors. I would also defer the City of Meridian Comprehensive plan and I could quote many Comp Plan items about the character and preservation of neighborhoods. An open parking lot behind a late night business would have an impact on those neighbors and they should be considered. 11 With the late hours implied, the majority of the space to be very flexible for whatever, and the focus on the bar and later hour nightlife I say it is leaning more towards Drinking Establishment serving food (which could very well meet the criteria for 40% of the consumables to be food and non- alcoholic beverage as is necessary in Idaho Administrative Code) but the more restrictive standards should apply in this case, in my opinion. If this is truly a restaurant that will be very typical of most restaurants, then I would be supportive. As it stands without any reassurance I am very concerned. Thank you for your time and service to the City of Meridian and its Citizens. We appreciate you and hold you in high esteem. Sincerely, Malissa Bernard 12