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Staff ReportChanges to Agenda: • Item #4A (Ten Mile Annexation) is requested to be continued to the Sept.1~ meeting. Item #46: UDC Text Amendment -Wine & Beer Shops (ZOA-11.003) Application(s): - Amendment to the text of certain sections of the UDC to allow for retail wine and beer shops to offer servings of such for purchase by the bottle or glass. Summary of Request: The Planning Department is proposing changes to the UDC to add a new use category that is different from a restaurant use in that food isn't served & beer/wine is offered for sale; and is less intense than a drinking establishment and offers beer/wine sales. The use includes, but is not limited to, wine shops and brewing supply stores and does not include drinking establishments, restaurants, or stores that sell wine & beer but do not offer servings. The new use is proposed to be a permitted use in the C-N, C-G, C-G, 0-T, and TN-C districts and an accessory use in the H-E district. Specific use standards are proposed to regulate the proposed use that require the applicant to maintain a current wine & beer sales permit for on-premise consumption (which includes retail sales) and that prohibits liquor sales. The applicant is required to comply with all state, county, and local laws regarding serving alcohol. Wine & beer servings are limited to the hours between 11 am and 9 pm; store hours of operation are not limited unless otherwise restricted by the UDC. Written Testimony: Ilene Dudanake, owner of a New Vintage Wine Shop & Christina Branesky, owner of Divine Wine, both submitted letters requesting the hours for wine & beer sales be extended to 10 pm for the reasons stated in their letters -staff is not opposed to the extension of hours if Commission wishes to approve the request. Staff Recommendation: Approval per the staff report Notes: STAFF REPORT HEARING DATE: July 19, 2011 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 E IDIAN~--- SUBJECT: ZOA-11-003 Unified Development Code Text Amendment -Wine & Beer Shops I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Planning Department has applied for a Zoning Ordinance Amendment (ZOA) to amend the text of certain sections of the Unified Development Code (UDC) to allow for retail wine & beer shops to offer servings of such for purchase by the bottle or glass. Please see Section VII below for a complete list of the proposed UDC amendments. II. SUMMARY RECOMMENDATION Staff is recommends approval of the proposed text amendments to the UDC based on the analysis provided below and the Findings of Fact and Conclusions of Law listed in Exhibit B. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number ZOA-11-003 as presented in the staff report for the hearing date of July 19, 2011 with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number ZOA-11-003 as presented during the hearing on July 19, 2011 for the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number ZOA-11- 003, to (insert specific hearing date), and direct staff to make the following changes: (insert comments here.) IV. APPLICATION FACTS A. Site Address/Location: NA B. Applicant: Planning Department City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 C. Applicant's Statement/Justification: Since its implementation on September 15, 2005, Staff has requested several other amendments to the UDC. Staff continuously tracks the UDC in order to identify issues that hinder the ability to efficiently and effectively administer the code. See applicant's narrative for more information. V. PROCESS FACTS A. The subject application is for a Unified Development Code amendment as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. B. Newspaper notifications published on: June 27, and July 11, 2011 C. A public service announcement was broadcast faxed on June 23, 2011 regarding this application. VI. COMPREHENSIVE PLAN POLICIES AND GOALS The City's Comprehensive Plan is a vision and policy document for guiding development and the transportation needs in the City of Meridian. Staff finds that the subject Unified Development Code Amendment complies with and furthers the goals and objectives of the 2002 Comprehensive Plan. The specific objectives and actions that support the proposed amendment are listed below: • "Amend the Unified Development Code and Future Land Use Map to implement this plan." Staff finds that the intended purpose of the subject ZOA application is hai°monious with and in accordance with the applicable objectives of the Comprehensive Plan. VII. UNIFIED DEVELOPMENT CODE The applicant has identified specific sections of the UDC that should be amended for the code to function efficiently and to more appropriately meet the needs of our customers and the City. This application includes changes to the following sections of the UDC: Chapter 1, Article A: DEFINITIONS Chapter 2, Article B: COMMERCIAL DISTRICTS Chapter 2, Article D: TRADITIONAL NEIGHBORHOOD DISTRICTS Chapter 4: SPECIFIC USE STANDARDS The proposed changes are noted below in strike-out/underline format. The column marked "Reason for Change" indicates the intended purpose of the text amendment. Section Text Reason for Change 11-1A-1 DEFINITIONS: Add a new use category that is RESTAURANT: A. The use of a site for the primary purpose of food preparation, different from a restaurant use having a commercial kitchen and cooking facilities, and where meals are in that food isn't served & regularly served to the public for compensation. The use includes, but is not beer/wine is offered for sale; limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, and is less intense than a restaurant, retail bakery, sushi bar, steakhouse. drinking establishment & offers RETAIL STORE. WINE AND BEER SALES AND SERVINGS: The use of a site beer/wine for sale. that offers wine and/or beer to the public for monetary compensation and offers servings of such for purchase by the bottle or glass. The use includes, but is not limited to, wine shops and brewing supply stores. The use does not include drinking establishments or restaurants as herein defined. The use does not include stores that sell wine and beer but do not offer servin s. Table ALLOWED USES IN THE COMMERCIAL DISTRICTS Include proposed new use in 11-26-2 Add Retail Store, Wine and Beer Sales and Servings as a principle permitted use schedule use (P) in the C-N, C-C, and C-G districts and as an accessory use (A) within the H-E district. Section Text Reason for Change Table ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS Include proposed new use in 11-2D-2 Add Retail Store, Wine and Beer Sales and Servings as a principle permitted use schedule use P in the 0-T and TN-C districts 11-4-3-44 RETAIL STORE, WINE AND BEER SALES AND SERVINGS: Include specific use standards A. The applicant shall maintain a current wine and beer sales permit for on to regulate the proposed new premise consumption (which includes retail sales). Liquor sales shall be use prohibited. B. Applicant shall comply with all state county and local laws regarding serving alcohol, including but not limited to designating specific areas for consumption and posting such areas as age-restricted. C. Wine and beer servings shall be limited to the following time periods: 11:00 a.m. to 9:00 p.m. Store hours of operation are not limited unless otherwise restricted b this title. VIII. EXHIBIT A. Required Findings from the Unified Development Code Exhibit A -Required Findings from Unified Development Code 1. Unified Development Code Text Amendments: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: A. The text amendment complies with the applicable provisions of the comprehensive plan; Staff finds that the proposed zoning ordinance amendment complies with the applicable (limited) provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 6, of the Staff Report for more information. B. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and Staff finds that the proposed zoning ordinance amendment will not be detrimental to the public health, safety or welfare. C. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. Staff finds that the proposed zoning ordinance amendment does not propose any significant changes to how public utilities and services are provided to developments. All City departments, public agencies and service providers that currently review applications will continue to do so. Please refer to any written or oral testimony provided by any public service provider(s) when making this finding.