2021-10-22 Malissa Bernard
Charlene Way
From:Mike and Malissa Bernard <MMBERNARD1@msn.com>
Sent:Friday, October 22, 2021 8:09 AM
To:David Miles; Mike and Malissa Bernard
Cc:Robert Simison; citycouncil; City Clerk; Josha Iverson; Bill Parsons; Caleb Hood
Subject:RE: 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.
Good morning, Mr. Miles,
Thank you for your reply this morning. I appreciate your time.
I understand that an appeal may or may not be coming forth and I respect the reasons that our elected officials cannot
comment during this time; it does, however, leave somewhat of a communication desert between Citizens and our
elected officials but such is the process.
I am sure you and everyone CC’ed on this has a very busy day before them, and I thank you all.
A special thanks to Mr. Clerk Chris Johnson, Mdm. Clerk Adrienne Weatherly, and all City Clerk’s staff for their
professionalism and customer service, always with courtesy and warmth; everyone that has had contact with the Clerks’
Office says the very same.
To all, enjoy your weekend!
Malissa
From: David Miles \[mailto:dmiles@meridiancity.org\]
Sent: Friday, October 22, 2021 7:22 AM
To: MMBERNARD1@msn.com
Cc: Robert Simison; citycouncil; City Clerk; Josha Iverson; Bill Parsons; Caleb Hood
Subject: RE: The Dalton Royal former The Oasis location, concern that this is more later night bar than restaurant
Hi Malissa,
Thank you for reaching out regarding your thoughts on the Dalton Royal application. Your email has been received by
the Mayor’s office and I appreciate your detailed items. As you note, this project has been submitted to the Planning
department and there is a potential for this to be heard by the Mayor and Council as the application has an appeal
1
process. While the appeal period is open, the Mayor and council should not be providing input. I believe the City Clerk
has responded to your inquiry, and I wanted to make sure you had the complete information in case you did not receive
any communication.
We have contacted our Planning Department and they shared that the proposed use is for a restaurant and indoor
recreation facility as you noted, both principally permitted uses in the C-G (General Retail and Service Commercial
District) zoning district. The property has been annexed and zoned C-G since 2005 when it was part of the Sadie Creek
Commons commercial subdivision.
Understanding the preceding Oasis application was denied by City Council, the currently proposed uses are principally
permitted which means they only require administrative, staff level review. There is no public hearing for administrative
th
applications. On October 15, City Staff issued a Certificate of Zoning Compliance, Change of Use approval (CZCU-2021-
0016) for a restaurant/indoor recreation facility use for the tenant space. This is a different use than the previously
proposed Oasis nightclub which was a Drinking Establishment. The use of a restaurant/indoor recreation facility on this
site is consistent with the existing Development Agreement.
Under Unified Development Code (UDC) 11-5A-4, any person who wants to be a party of record with regard to the CZCU
can request so in writing. A party of record may seek City Council review of the administrative decision on or before
November 1, 2021, within fifteen (15) days after the written decision was issued, pay the $692 application fee, and
include a written basis of appeal based on and citing the information listed in UDC 11-5A-6B.
I have added the City Clerk to this email so that your email and comments are added to the public record, and again, I
appreciate you reaching out and sharing your concerns. Please also feel free to reach out to Bill Parsons, the Planning
Supervisor, who can also address any further questions you may have.
Dave Miles | Chief of Staff
City of Meridian | Mayor’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: (208) 489-0532|Fax: (208) 884-8119
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law
-------- Original message --------
From: Mike and Malissa Bernard <MMBERNARD1@msn.com>
Date: 10/20/21 10:35 AM (GMT-07:00)
To: Robert Simison <rsimison@meridiancity.org>, Treg Bernt <tbernt@meridiancity.org>, Joe Borton
<jborton@meridiancity.org>, Liz Strader <lstrader@meridiancity.org>, Luke Cavener <lcavener@meridiancity.org>, Brad
Hoaglun <bhoaglun@meridiancity.org>, Jessica Perreault <jperreault@meridiancity.org>
Cc: City Clerk <CityClerk@meridiancity.org>
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
2
“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.
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.
3
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
4
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.”
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.
5
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.
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
6
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.
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.
7
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
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.
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:
10
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.
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
11
12
Charlene Way
From:David Miles
Sent:Friday, October 22, 2021 7:22 AM
To:MMBERNARD1@msn.com
Cc:Robert Simison; citycouncil; City Clerk; Josha Iverson; Bill Parsons; Caleb Hood
Subject:RE: The Dalton Royal former The Oasis location, concern that this is more later night
bar than restaurant
Hi Malissa,
Thank you for reaching out regarding your thoughts on the Dalton Royal application. Your email has been received by
the Mayor’s office and I appreciate your detailed items. As you note, this project has been submitted to the Planning
department and there is a potential for this to be heard by the Mayor and Council as the application has an appeal
process. While the appeal period is open, the Mayor and council should not be providing input. I believe the City Clerk
has responded to your inquiry, and I wanted to make sure you had the complete information in case you did not receive
any communication.
We have contacted our Planning Department and they shared that the proposed use is for a restaurant and indoor
recreation facility as you noted, both principally permitted uses in the C-G (General Retail and Service Commercial
District) zoning district. The property has been annexed and zoned C-G since 2005 when it was part of the Sadie Creek
Commons commercial subdivision.
Understanding the preceding Oasis application was denied by City Council, the currently proposed uses are principally
permitted which means they only require administrative, staff level review. There is no public hearing for administrative
th
applications. On October 15, City Staff issued a Certificate of Zoning Compliance, Change of Use approval (CZCU-2021-
0016) for a restaurant/indoor recreation facility use for the tenant space. This is a different use than the previously
proposed Oasis nightclub which was a Drinking Establishment. The use of a restaurant/indoor recreation facility on this
site is consistent with the existing Development Agreement.
Under Unified Development Code (UDC) 11-5A-4, any person who wants to be a party of record with regard to the CZCU
can request so in writing. A party of record may seek City Council review of the administrative decision on or before
November 1, 2021, within fifteen (15) days after the written decision was issued, pay the $692 application fee, and
include a written basis of appeal based on and citing the information listed in UDC 11-5A-6B.
I have added the City Clerk to this email so that your email and comments are added to the public record, and again, I
appreciate you reaching out and sharing your concerns. Please also feel free to reach out to Bill Parsons, the Planning
Supervisor, who can also address any further questions you may have.
Dave Miles | Chief of Staff
City of Meridian | Mayor’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: (208) 489-0532|Fax: (208) 884-8119
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law
1
-------- Original message --------
From: Mike and Malissa Bernard <MMBERNARD1@msn.com>
Date: 10/20/21 10:35 AM (GMT-07:00)
To: Robert Simison <rsimison@meridiancity.org>, Treg Bernt <tbernt@meridiancity.org>, Joe Borton
<jborton@meridiancity.org>, Liz Strader <lstrader@meridiancity.org>, Luke Cavener <lcavener@meridiancity.org>, Brad
Hoaglun <bhoaglun@meridiancity.org>, Jessica Perreault <jperreault@meridiancity.org>
Cc: City Clerk <CityClerk@meridiancity.org>
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.
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
3
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.”
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.
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
5
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.
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.
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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
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
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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.
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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.
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:
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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.
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
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