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The Alpine Bar H-2023-0044CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [The Alpine Bar #H-2023-0044] Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit to operate a drinking establishment from an existing 3,200 square-foot building located at 130 E. Idaho Avenue on 0.11 acres of land in the O-T zoning district Zoning District, by Todd Asin, The Alpine Bar. Case No(s). H-2023-0044 For the Planning & Zoning Commission Hearing Date of: September 21, 2023 (Findings on September 29, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 21, 2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 21, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 21, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 21, 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). [The Alpine Bar #H-2023-0044] Page 2 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 September 21, 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 September 21, 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 11-5B-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 § 67-6521(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. G. Attached: Staff Report for the hearing date of September 21, 2023 By action of the Planning & Zoning Commission at a special meeting held on the 29th day of September, 2023. COMMISSIONER ANDREW SEAL, CHAIRMAN COMMISSIONER MARIA LORCHER, VICE CHAIRMAN COMMISSIONER NATE WHEELER COMMISSIONER JARED SMITH COMMISSIONER PATRICK GRACE COMMISSIONER MANDI STODDARD COMMISSIONER ENRIQUE RIVERA Andrew Seal, Chairman �Q >X� O 0 2 CAIV of IDIAN �.V_... SEAL jI VOTED VOTED VOTED VOTED VOTED VOTED Copy served upon the Applicant, the Planning an"' ct177e-velopment Services divisions of the Community DevelopmeADepartment, the Public Works Department and the City Attorney, Dated: I 1-2q 2 3 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [The Alpine Bar #H-2023-0044] Page 3 EXHIBIT A Page 1 HEARING DATE: 9/21/2023 TO: Planning & Zoning Commission FROM: Stacy Hersh, Associate Planner 208-489-0573 SUBJECT: H-2023-0044 The Alpine Bar - CUP LOCATION: 130 E. Idaho Avenue I. PROJECT DESCRIPTION The Applicant applied for a conditional use permit (CUP) to operate a drinking establishment from an existing 3,200 square-foot building on 0.11 acres of land in the O-T zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 0.11 acres (contains existing building) Future Land Use Designation Old Town Existing Land Use(s) Indoor recreation facility. Previous use was a restaurant. Proposed Land Use(s) Drinking establishment Neighborhood meeting date; # of attendees: 07/31/2023 History (previous approvals) CZC-07-093; A-2017-0177 – Pauly’s Bar Room UZEP; CZCU-2023- 0027 – The Alpine Bar Change of Use for an indoor entertainment facility is valid for 120 days. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 B. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant: Todd Asin – 532 W. Colchester Drive, Eagle, ID 83616 B. Owner: Same as above Page 3 C. Representative: Same as above IV. NOTICING Planning & Zoning Posting Date Newspaper Notification 9/5/2023 Radius notification mailed to properties within 500 feet 8/31/2023 Site Posting Date 9/11/2023 Next Door posting 9/5/2023 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://www.meridiancity.org/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 (O-T). The proposed use will be located on a 0.11- acre parcel and located within an existing 3,200 square-foot building. The proposed drinking establishment will include an outdoor rear patio and a front patio along E. Idaho Street to be approved with a separate Certificate of Zoning Compliance (CZC), Design Review (DES), and Use Zone Encroachment Application (UZEP ) to occupy a portion of the sidewalk within the City core area per UDC 8-1-1(see analysis below). B. Comprehensive Plan Policies (https://www.meridiancity.org/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): • 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 drinking establishment is proposed within an existing building in the O-T zoning district. This property is part of the Meridian Urban Renewal District boundary. • Preserve private property rights and values by enforcing regulations that will prevent and mitigate against incompatible and detrimental neighboring uses. (3.05.01C) Page 4 The conditional use is a process to ensure any impacts associated with a particular use are mitigated. Based on the location, presently, the proposed use is prohibited within three (300) feet of a property used for a church or any other place of worship, or any public or private education institution per UDC 11-4-3-10. The proposed drinking establishment is located approximately 140 feet from an existing church on the corner of N.E. 2nd Street and E. Idaho Avenue. It is important to note that the City is currently processing a code change to allow a drinking establishment to operate within three (300) feet of a church. If this is not approved by the City the applicant should operate in accordance with the arts, entertainment or recreation facility indoors and outdoors specific use standards (UDC 11-4-3-2). The future patio areas are required to be fenced. • Minimize noise, lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code. Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: The proposed project is within an existing 3,200-square-foot building and the applicant is not proposing to renovate the interior or exterior of the building at this time. The Applicant intends to submit a future Certificate of Zoning Compliance (ZC) application an Administrative Design Review (DES) to expand the rear patio by adding an additional 10-feet by extending the covering to create more space while maintaining some parking at the rear of the building. During the review of the outdoor seating, staff will verify if the parking in this area meets the requirements of the UDC if some parking is to remain. Parking dimensions for any on-site parking need to meet the minimum standards of 9’ X 19’ feet as required in UDC 11-3C-5. D. Proposed Use Analysis: The proposed use will be a drinking establishment within the existing 3,200-square-foot commercial building which requires CUP approval. The drinking establishment will operate from 2 PM to 2 AM. The proposed use is subject to specific use standards as listed in 11-4-3-10. 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. The specific use standards for a drinking establishment currently prohibit the operation of such use within three hundred feet of a school or church. A code change is in process to remove Page 5 the 300-foot requirement however, it is pending Council approval. Upon approval of the code amendment, the proposed project will be allowed to operate within the above 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 not abut a residential or 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 floor 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 O-T and requires one (1) parking space per one thousand (1,000) square-feet of gross floor area, and requires three (3) 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 thirteen (13) parking spaces. Currently, there are only seven (7) parking spaces to serve this site (with four fronting the building and three (3) employee parking stalls in the rear). Because the property is situated Downtown within the Old Town District, there is a shortage of on-street parking available. To address the concern, the Applicant must include an Alternative Compliance (ALT) Application with the future CZC Application submittal due to the parking requirements specified in the Specific Use Standards for a drinking establishment (UDC 11-4-3-10). Additionally, the Applicant shall obtain a written recommendation on the parking compliance method proposed from the Meridian Development Corporation (MDC) board. This recommendation from the MDC board shall accompany the Alternative Compliance and CZC Application. F. Dimensional Standards (UDC 11-2): This use will occupy an existing commercial building. The applicant is required to apply for a separate Certificate of Zoning Compliance and Design Review Application approval for the future rear patio extension and a Use Zone Encroachment Application (UZEP ) for the future front patio prior to building permit issuance. G. Parking (UDC 11-3C): 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 three (3) parking spaces for the existing 3,200 square-foot building. The proposed change of use will require thirteen (13) parking spaces. Currently, there are only seven (7) parking spaces to serve this site. If a different use, other than a drinking establishment were proposed, additional parking would not be required. However, due to the parking requirements specified in the Specific Use Standards, additional parking is necessary for the site. This necessitates an approval from MDC to allow the business to operate in accordance with UDC 11-3C-7. H. Building Elevations: This is an existing commercial building on this site. Building elevations are shown below in the Section VII Exhibits. Page 6 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. B. The Meridian Planning & Zoning Commission heard this item on September 21, 2023. At the public hearing, the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Todd Asin, The Alpine Bar b. In opposition: None c. Commenting: Todd Asin, The Alpine Bar d. Written testimony: None e. Staff presenting application: Linda Ritter, Associate Planner f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. None 4. Commission change(s) to Staff recommendation: a. None Page 7 VII. EXHIBITS A. SITE PLAN Page 8 B. EXISTING ELEVATIONS Page 9 C. EXISITNG FLOOR PLAN Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Certificate of Zoning Compliance (CZC) application and Design Review are 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 rear patio extension. Additionally, a Use Zone Encroachment Application (UZEP ) shall be submitted to extend seating for the future front patio prior to building permit issuance. 2. The Applicant shall obtain a written recommendation on the parking compliance method proposed from the Meridian Development Corporation (MDC) board; this recommendation from the MDC board shall accompany the Alternative Compliance and CZC Application 3. 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. 4. Applicant shall comply with the standards as set forth in UDC 11-3A-12 for any outdoor service and equipment areas. Contact Republic Services and obtain trash enclosure approval; include their approval with your CZC application. 5. Applicant shall comply with all specific use standards required for a Drinking Establishment as set forth in UDC 11-4-3-10. All outdoor activity shall remain within the designated patio areas. B. ADA COUNTY HIGHWAY DISTRICT No comments provided. C. IDAHO TRANSPORTATION DEPARTMENT (ITD) Click on link to review comments D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) 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, if alternative compliance is approved to reduce the required parking. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. Page 11 Staff finds the proposed use will be harmonious with the Comprehensive Plan in that it will provide an indoor recreation use which will contribute to the mix of uses desired in the Old Town Comprehensive designation. 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, is similar to other uses operating in the area. Operating hours will occur between 2 PM and 2 AM. Staff finds 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. 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. Staff finds the proposed use will not be detrimental to any persons, property or the general welfare, if the use operates within the proposed hours of operation (2 pm to 2 am) and all outdoor activity remains within the designated outdoor patio areas. 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. The proposed use will operate within an existing commercial building and will not result in damage of any such features.