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]
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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
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2 CAIV of
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�.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]
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EXHIBIT A
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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
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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
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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)
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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
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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.
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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
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VII. EXHIBITS
A. SITE PLAN
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B. EXISTING ELEVATIONS
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C. EXISITNG FLOOR PLAN
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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.
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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.