Z - Approved Findings CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I D A H O
DECISION& ORDER
In the Matter of the Request for a Conditional Use Permit to operate a brewery(food and beverage
processing,minor) as the primary use AND a drinking establishment to extend the operating hours
beyond those allowed by the specific use standards for a brewery(UDC 11-4-3-46)from an existing
8,185 square-foot building located at 105 E. Carlton Avenue on 0.45 acres of land in the O-T zoning
district Zoning District,by Michael Garcia,Garcia Family Ventures,LLC.
Case No(s).H-2023-0025
For the Planning& Zoning Commission Hearing Date of: June 15,2023 (Findings on July 6, 2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 15, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 15, 2023, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of June 15,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 15,2023,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
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Loose Screw Brewery#H-2023-0025]
Page I
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this APPROVAL is subject to the conditions of approval in the attached staff report for the
hearing date of June 15,2023, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning&Zoning Commission's authority as provided in Meridian City Code § 11-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for a conditional use permit(CUP)is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of June 15,2023,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 11-5B-6F.1.
During this time,the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting,the final plat must be
signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Loose Screw Brewery#H-2023-0025]
Page 2
G. Attached: Staff Report for the hearing date of June 15,2023
By action of the Planning&Zoning Commission at its regular meeting held on the 20th day of
July ,2023.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER JARED SMITH VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MANDI STODDARD VOTED
COMMISSIONER ENRIQUE RIVERA VOTED
Andrew Seal, Chairman 7-20-2023
Attest:
Chris Johnson, City Clerk 7-20-2023
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: 7-20-2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Loose Screw Brewery#H-2023-0025]
Page 33
STAFF REPORT C:�*%_
W IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/15/2023 Legend
DATE: � ,
I�Jt�,-svtLuv -
t
TO: Planning&Zoning Commission a . .
FROM: Linda Ritter,Associate Planner
-
208-489-0573 "
SUBJECT: H-2023-0025 -
Loose Screw Brewery-CUP
r
LOCATION: 105 E. Carlton Avenue
I. PROJECT DESCRIPTION
The Applicant applied for a conditional use permit(CUP)to operate a brewery(food and beverage
processing,minor)as the primary use AND a drinking establishment to extend the operating hours
beyond those allowed by the specific use standards for a brewery(UDC 11-4-3-46) from an existing
8,185 square-foot building on 0.45 acres of land in the O-T zoning district.
The Director has approved an Administrative Design Review(A-2023-0073) for the proposed
modifications to the exterior fagade of the existing building.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 0.45 acres(contains existing building)
Future Land Use Designation Old Town
Existing Land Use(s) Vacant commercial building ■
Proposed Land Use(s) Food products processing,minor(brewery)and drinking establishment
Neighborhood meeting date;#of 03/08/2023
attendees:
History(previous approvals) A-2023-0073—Fagade improvement only
Page 1
B. Project Area Maps
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III. APPLICANT INFORMATION
A. Applicant:
Michael Garcia, Garcia Family Ventures, LLC 6700 N. Linder Rd., Ste. 156-411, Meridian, ID
83646
Page 2 —
B. Owner:
Robert Shappee,JTR Holdings,LLC— 141 E. Carlton Ave.,Meridian, ID 83642
C. Representative:
Michael Garcia, Garcia Family Ventures,LLC—6700 N. Linder Rd., Ste 156-411,Meridian,ID
83646
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 5/25/2023
Radius notification mailed to 5/23/2023
properties within 300 feet
Site Posting Date 6/l/2023
NextDoor posting 5/25/2023
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridiancitE.or /g compplan)
Old Town-The purpose of this designation is to accommodate and encourage further
intensification of the historical city center in accord with the Meridian Comprehensive Plan. The
intent of the O-T district is to delineate a centralized activity center and to encourage its renewal,
revitalization and growth as the public,quasi-public, cultural, financial and recreational center of
the city. Public and quasi-public uses integrated with general business,and medium-high to high
density residential is encouraged to provide the appropriate mix and intensity of activities
necessary to establish a truly urban city center.
The subject site is already zoned Old Town (OT). The proposed use will be located on a 0.45 acre
parcel and located within an existing 8,815 square foot building. The proposed brewery will
include brewery equipment, a taproom, an event center, an outdoor beer garden, and a grain silo
along N.Main Street.As food and beverage processing, minor is an allowed use and will be
subject to specific use standards listed in UDC 11-4-3-46. The drinking establishment request is
being requested to allow extended hours of operation beyond 10 pm (see analysis below).
B. Comprehensive Plan Policies(https://www.meridiancily.orgIcompplan):
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in
italics):
• Encourage infill development. (3.03.01E)
The Comprehensive Plan defines infill as "development on vacant parcels, or
redevelopment of existing parcels to a higher and better use that is surrounded by
developed property within the City of Meridian."The brewery is proposed within an
existing vacant building in the O-T district that is currently being underutilized. This
property is part of the Meridian Urban Renewal District boundary.
Page 3
• Preserve private property rights and values by enforcing regulations that will prevent and
mitigate against incompatible and detrimental neighboring uses. (3.05.01C)
The conditional use is a process to ensure any impacts associated with a particular use
are mitigated. Based on the location, currently the proposed use is only allowed to
operate between the hours of 11 AM to 10 PM. In accordance with MCC 6-3-6 any loud
noise which emanates from the building shall cease at 11 PM. However, the applicant is
requesting extended hours to operate until 12 am on occasion. It is important to note that
the City is currently processing a code change to allow the extended hours. If this is not
approved by the City the applicant should operate in accordance with the hours specified
above. To further reduce impacts on nearby residential properties, staff recommends a
condition of approval that all outdoor seating and events associated with this use be
limited to the fenced beer garden and the upper deck areas.
• Minimize noise,lighting, and odor disturbances from commercial developments to
residential dwellings by enforcing city code.
As mentioned above, operating hours will be from 11 AM to 10 PM. No additional
lighting for the parking lot has been proposed. In accordance with MCC 6-3-6 any loud
noise which emanates from the building shall cease at 11 PM. Any odor that may
emanate from the brewery shall be mitigated.
• Require appropriate building design, and landscaping elements to buffer, screen,beautify,
and integrate commercial,multifamily, and parking lots into existing neighborhoods.
(5.01.02D)
Exterior building modifications were reviewed and approved through administrative
design review application (DES)A-2023-0073. As this is an existing developed site and
no expansion of the building is being proposed, no additional landscape screening or
buffering is required.
C. Existing Structures/Site Improvements:
The proposed project is within an existing 8,185 square foot building and the applicant is
proposing to renovate the exterior of the building. The proposed updates include adding
horizontal and vertical wood siding and using a darker gray color to transform the remaining
brick. The stucco around the second level event space and outdoor deck will also be painted a
lighter gray to match the color palette of the ground floor and create a contemporary pattern.
Additionally, all existing windows will be replaced, and the street facing fagades will have varied
fenestration, material changes, textures,patterns, and recesses. This approach will add visual
interest and depth to the building's exterior.
Exterior lighting is being proposed to promote a safe pedestrian environment. Downlit signage
on the building and a grain silo is being proposed, which can enhance the project's visibility and
branding. Overall, these updates seem to align with contemporary design trends and can
contribute positively to the aesthetics of the area. The Director has approved the administrative
design review application for these improvements.
D. Proposed Use Analysis:
The proposed use will be a brewery(food and beverage processing, minor) as the primary use
and a drinking establishment(for extended hours only)within the existing 8,185 square foot
Page 4
commercial building.Approximately 943 sf of the business will be dedicated to brewing and
associated equipment, with the remainder for tasting and events.
A brewery is categorized as minor food and beverage products processing use and it allowed and
is use by right unless it exceeds 5,000 sf.. The existing building is approximately 8,185 which
requires CUP approval.
The applicant is proposing approximately ten (10) tables inside, bar seating and lounging areas.
There will be four(4) 8-seat picnic-style tables underneath the covered patio and four(4)
additional tables on the north side of the covered patio for a total of 8 tables outside. The Event
Area and upstairs patio are f ex spaces and the number of tables will be determined by the event.
The brewery will operate from 11 AM to 10 PM. The proposed use complies with the zoning for
the site but is subject to specific use standards as listed in 11-4-3-46.
E. Specific Use Standards(UDC 11-4-3):
UDC-11-4-3-10 states the following:
The drinking establishment shall not be located within three hundred(300)feet of a property
used for a church or any other place of worship, or any public or private education institution,
nor shall the drinking establishment be located within one thousand(1,000)feet of an adult
entertainment establishment;provided, that this limitation shall not apply to any duly licensed
premises that at the time of licensing did not come within the restricted area but subsequent to
licensing came therein; the expansion of an existing establishment may be allowed with the
approval of a conditional use permit as set forth in Section 11-5B-6 of this Title.
• The property is located within three hundred(300)feet of a property used for a church or
any other place of worship, or any public or private education institution. Therefore, the
operating hours shall be limited to 11 AM to 10 PM with this conditional use permit.
Because the specific use standards for a brewery are limited the applicant has requested
that they are deemed a drinking establishment to allow extended hours to 12 AM.As
noted above the specific use standards for a drinking establishment do not allow the
operation of such a use within three hundred feet of a school or church. However; Staff is
currently processing a code change remove this requirement. Staff anticipates the
proposed code changes to be discussed with the Commission during the July 6`h
Commission hearing. Upon approval of the code amendment, the proposed project will
be allowed to extend its operating hours.
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", of this Title.
• N/A—This property does abut a residential use but not a residential district as defined in
Chapter 1.
At a minimum, one(1)parking space shall be provided for every two hundred fifty(250)square-
feet of gross f oor area. Upon any change of use for an existing building or tenant space, a
detailed parking plan shall be submitted that identifies the available parking for the overall site
that complies with the requirements of this Title.
• This property is zoned OT and requires one (1)parking space per one thousand(1,000)
square feet of gross f oor area, and requires eight(8)parking spaces for this proposal.
However, the change in use requires the applicant to meet the higher parking
requirement listed above. The proposed change of use will require thirty-three(33)
Page 5
parking spaces. Currently there are only twenty-eight(28)parking spaces to serve this
site. Since the property is under common ownership with the adjacent property at 129
E. Carlton Avenue, the applicant will be required to enter into a parking agreement to
meet the required parking needed for the proposed change of use or submit written
documentation from the owner to use the adjacent law office parking.
UDC 11-4-3-46 allows minor food and beverage products processing as follows:
The building tenant space shall not exceed five thousand(5,000)square feet. In the commercial,
industrial and traditional neighborhood districts additional square footage may be approved with
a conditional use permit. In no case shall the maximum square footage in any of these districts
exceed ten thousand(10,000)square feet.
• The existing building is 8,158 square foot and does not exceed the ten thousand(10,000)
square feet threshold.
In the commercial districts, a conditional use permit shall be required when the use is located
within three hundred(300)feet of a residential district or existing residence.
• NA—The property is not located in a commercial district.
In the commercial and traditional neighborhood districts, the dining area, tasting area, retail
showroom or any combination thereof, shall comprise a minimum of twenty-five (25)percent of
the building and/or tenant space, as applicable.
• Approximately nine hundred forty-three(943)square feet will be dedicated to brewing
and the associated equipment. The event and deck areas are a little over one thousand
seven hundred(1,700)square feet. Building floor plans are shown below in the Section
VII Exhibits.
Storage of materials, storage and equipment must be within fully enclosed structures, (outdoor)
mechanical equipment associated with the manufacturing may be reviewed as integral
architectural elements.
• N/A -No outdoor storage has been proposed with is application.All equipment shall be
within an enclosed structure.
Mechanical equipment associated with the manufacturing of the beverage may be reviewed and
approved as an integrated architectural element of the building through administrative design
review as a design standards exception.
• The applicant has proposed a grain silo as part of the design of the building. The Design
Review(DES A-2023-0073)was approved for the exterior remodel of the existing
building on May 5, 2023.
• The applicant is proposing to construct a new trash enclosure on the east side of the
property. The applicant will coordinate with Republic Services of Meridian for the
appropriate size and location of the trash enclosure. The applicant shall provide this
information to the City with their CZC submittal.
Alcohol serving is limited to 11 AM to 10 PM.
• The hours of operation will be limited to 11 AM to 10 PM until the new code goes into
effect then the applicant will be allowed to remain open and serve patrons until 12 AM as
noted above.
Page 6
F. Dimensional Standards(UDC 11-2):
This use will occupy an existing commercial building.A Design Review application (DESA-
2023-0073) was approved for the exterior remodel of the existing building on May S, 2023. The
applicant is required to apply for Certificate of Zoning Compliance for review and approval
prior to building permit issuance.
G. Access(UDC 11-3A-3, 11-3H-4):
Access to this development is via E. Carlton Avenue which is an existing access point. Per
ACHD a traffic impact study for this proposal was not required. It was determined no
improvements to the adjacent streets are required.
H. Parking(UDC I1-3C):
UDC 11-3C-5B requires one space for every one thousand(1,000)square feet of gross floor area
for the O-T district. This amounts to eight(8)parking spaces for the existing 8,185 square foot
building. The proposed change of use will require thirty-three(33)parking spaces. Currently
there are only twenty-eight(28)parking spaces to serve this site. Since the property is under
common ownership with the adjacent property at 129 E. Carlton Avenue, the applicant will be
required to enter into a parking agreement to meet the required parking needed for the proposed
change of use.
I. Landscaping(UDC 11-3B):
As this an existing developed site, landscaping is not required to comply with the requirements of
this section. The applicant is proposing to replacing the existing grass along N.Main Street and
E. Carlton Avenue with artificial turf. The applicant is proposing to enhance the landscape
island at the rear of the property. Changes to the landscaping will be required with the certificate
of zoning compliance application.
J. Fencing(UDC 11-3A-6, 11-3A-7):
The applicant is proposing to place a four(4)foot wrought iron fence around the beer garden
area. The details for the proposed fence shall be submitted to staff for review and approval prior
to permit issuance. No additional fencing is being proposed.
K. Building Elevations
This is an existing vacant commercial building on this site. The Director has approved an
Administrative Design Review(A-2023-0073)for the proposed modifications to the exterior
fagade of the existing building. Building elevations are shown below in the Section VII Exhibits.
L. Food Trucks
The use of a food truckfor this proposal cannot be approved under this conditional use permit as
it is not an allowed use through unified development code. However; the applicant can apply for
a temporary use permit(TUP) through the City Clerk's office for the use of a food truck.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VIII per the Findings in Section IX.
Page 7
B. The Meridian Planning&Zoning Commission heard these items on June 15,2023.At the public
hearing,the Commission moved to approve the subject CUP requests.
1. Summary of Commission public hearing_
a. In favor: Michael Garcia,Applicant
b. In opposition:None
c. Commenting: Michael Garcia,Applicant
d. Written testimony: None
e. Staff presenting application: Linda Ritter,Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s) public testimony
a. None
3. key issue(s)of discussion by Commission:
a. Concerns with parking. The gpplicant assured there would be no issues and that they
would be entering into a written agreement with the adjacent property owner to utilize
their parking lot after 6:00 PM to meet the required parking standards as the properties
are under common ownership.
4. Commission change(s)to Staff recommendation:
a. None
VII. EXHIBITS
PROPOSED LANDSCAPE PLAN(CZC 2018-0052, MARCH 7, 2018)
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Existing Landscape(date: 5/10/2023)
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Page 9
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Page 10
Existing Elevations Parking Lot(date: 5/10/2023)
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Page 11
C. Proposed Lower and Upper Floor Plans (date: 4/18/2023)
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Page 12
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. A Certificate of Zoning Compliance(CZC) application is required to be submitted to the Planning
Division and approved prior to building permit submittal to address parking and site
modifications associated with the construction of the new trash enclosure (see condition 7 and 8
below).
2. The Applicant shall have a maximum of two (2)years to commence the use as permitted in
accord with the conditions of approval. If the use has not begun within two(2)years of approval,
a new conditional use permit must be obtained prior to operation or a time extension must be
requested in accord with UDC 11-5B-6F.
3. All outdoor seating and events associated with this use shall be restricted to the fenced in beer
garden and the upper deck areas.
4. Hours of operation shall be restricted from 11 AM to 10 PM. Upon approval of the code revision
to the Drinking Establishment specific use standards,the operating hours may be extended from
10 PM to 12 AM.
5. Applicant shall comply with the standards as set forth in UDC 11-3A-12 for any outdoor service
and equipment areas.
6. Applicant shall comply with all specific use standards required for a Drinking Establishment and
Minor Food and Beverage Products Processing,UDC 11-4-3-10 and 11-4-3-46.
7. The applicant shall coordinate with Republic Services of Meridian for the appropriate size and
location of the proposed trash enclosure.
8. The applicant shall enter into a parking agreement with the property owner at 129 E. Carlton
Avenue to meet the required parking needed for the proposed change of use or submit written
documentation from the owner to use the adjacent law office parking since the parcels are under
common ownership.
B. ADA COUNTY HIGHWAY DISTRICT
1. Pay a traffic impact fee. If applicable,a traffic impact fee may be assessed by ACHD and will be
due prior to the issuance of a building permit by the lead agency. This is a separate review
process and it is the applicant's responsibility to submit plans directly to ACHD.
2. Comply with all ACHD policies and ACHD standard conditions of approval for any
improvements or work in the right-of-way.
3. Obtain a permit for any work in the right-of-way prior to the construction,repair,or installation
of any roadway improvements(curb, gutter, sidewalk,pavement widening, driveways, culverts,
etc.).
C. IDAHO TRANSPORTATION DEPARTMENT(ITD)
Click on link to review comments
D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
Click on link to review comments
Page 13
E. NAMPA&MERIDIAN IRRIGATION DISTRICT (NMID)
Click on link to review comments
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 proposed project is within an existing structure in the O-T district. No expansion of the
building or site is being proposed and therefore no additional site improvements are required for
this proposal. Staff finds the site is large enough to accommodate the proposed use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord
with the requirements of this title.
The Comprehensive Plan identifies this area for public and quasi public uses integrated with
general business, and medium high to high density residential is encouraged to provide the
appropriate mix and intensity of activities necessary to establish a truly urban city center.
A neighborhood brewery connected to the adjacent residential including outdoor seating is the
type of neighborhood serving use envisioned by the Plan.
3. That the design, construction, operation and maintenance will be compatible with other uses in
the general neighborhood and with the existing or intended character of the general vicinity and
that such use will not adversely change the essential character of the same area.
The proposed project is within an existing building and on an existing built out lot. The applicant
is proposing to update the exterior of the existing building with horizontal and vertical wood
siding. A more modern darker gray color will transform the existing, remaining brick. Existing
stucco around the second level event space and outdoor deck will be painted a lighter gray to
compliment the color palette of the ground floor and create a subtle contemporary patterning.
All existing windows will be replaced, and street facing fagades will have varied fenestration,
material changes, textures,patterns and recesses. Exterior lighting will be proposed to promote a
safe pedestrian environment. Downlit signage on the building and grain silo is being proposed.
Hours of operation will be limited to between 11AMand IOPM. However, staff is proposing a
code change to extend the operating hours for drinking establishments located within three
hundred(300)feet of a place of worship and education facility located within the OT zone to
12AM. Upon approval of the code amendment, the proposed project will be allowed to extend its
operating hours.
This type of neighborhood serving brewery enhances the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The hours of operation for the proposed use will be IIAM to IOPM. Staff is proposing a code
change to extend the operating hours for drinking establishments located within three hundred
(300)feet of a place of worship and education facility located within the OT zone to 12".. Upon
approval of the code amendment, the proposed project will be allowed to extend its operating
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hours.All outdoor seating and events associated with this use shall be limited to the fenced in
beer garden and upper deck areas.
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 adequately served 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.
Staff ,finds the proposed use will not create any additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
This proposed project will operate within an existing commercial building and will operate
between the hours of I IAM to IOPM. Staff is proposing a code change to extend the operating
hours for drinking establishments located within three hundred(300)feet of a place of worship
and education facility located within the OTzone to 12AM. Upon approval of the code
amendment, the proposed project will be allowed to extend its operating hours.
The proposed project will be located in an area recommended for neighborhood mixed use which
typically includes a mix of commercial and multifamily residential at an arterial intersection.
This location is well-suited for the proposed use as it adds to the lively and vibrant downtown
area.
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 operate within an existing commercial building and will not result in
damage of any such features.
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