Loading...
PZ Recs / Staff ReportSTAFF REPORT HEARING DATE: TO: FROM: SUBJECT: August 23, 2011 Mayor & City Council Sonya Waters, Associate City Planner 208-884-5533 E IDIAN~-- )DAHO 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. The Meridian Planning & Zoning Commission heard this item on July 21, 2011. At the public hearing, the Commission moved to recommend approval of the subiect ZOA request. a. Summary of Commission Public Hearing: i. In favor: Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: Ilene Dudanake; Christina Branesky v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Pete Friedman b. Key Issue(s) of Discussion by Commission: i. Clarification on criteria for determination of proposed new use vs. a drinking establishment or restaurant c. Kev Commission Change(s) to Staff Recommendation: i. Extend the hours in which beer/wine may be served from 9 pm to 10 pm (UDC 11-4-3- 4 d. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number ZOA-11- 003 as presented in the staff report for the hearing date of August 23, 2011 with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number ZOA-11-003 as presented during the hearing on August 23, 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 (Commission); August 1, and 15, 2011 (City Council) C. A public service announcement was broadcast faxed on June 23, 2011 (Commission) & July 28, 2011 (City Council) 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 harmonious 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-outlunderline 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 11-2B-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. 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 SERV__INGS: 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). Liauor sales shall be use prohibited. B. Applicant shall comply with all state, county, and local laws regarding searing 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 g:-99 10:00 p.m. Store hours of operation are not limited unless otherwise restricted b this title. VIIL 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; The Commission 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 The Commission 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. The Commission 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.