Staff ReportChanges to Agenda: None
Item #4A: Varsity Kitchen (CUP-12-001)
Application(s):
- Conditional Use Permit to operate a drinking establishment.
Size of property, existing zoning, and location: This site area is 1.42 acres parcel, zoned I-Land is located at
1441 N. Eagle Road.
Adjacent Land Use & Zoning: This area is predominantly developed with commercial uses, zoned I-L and C-G.
Summary of Request: The site is currently developed with two (2) commercial buildings. Both buildings have
restaurants (Muse and Lucky Fins) operating within them. The proposed drinking establishment is planned for the
second floor of the rear building. The new tenant plans to operate the space as a restaurant/bar. Due to a technicality
with the State, the applicant was unable to obtain restaurant status for the space thus the City could not approve a
liquor license. To expedite the opening of the business, the City approved a temporary beer and wine license based
on the applicant obtaining approval of CUP or a restaurant certificate from the State.
Because the site and surrounding properties are primarily developed with commercial uses, the proposed use
complies with the specific use standards and does not differ much from the previous use; staff recommends approval
of the subject application.
Comprehensive Plan Designation/Compliance wlComp Plan? Yes, the planned development allows commercial
uses on the property.
Compliance with UDC? Yes
Written Testimony: None
Staff Recommendation: Approval w/conditions
Notes:
STAFF REPORT Hearing Date: February 16, 2012
TO: Planning & Zoning Commission E IDIAN~--
FROM: Bill Parsons, Associate City Planner I D A H O
(208) 884-5533
SUBJECT: CUP-12-001 -Varsity Kitchen
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Scott Koritansky, is requesting Conditional Use Permit (CUP) approval for the
operation of a drinking establishment in an existing building in an I-L (Light Industrial) zoning
district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C.
III. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-12-
001, as presented in the staff report for the hearing date of February 16, 2012 with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-12-001,
as presented during the hearing on February 16, 2012, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
12-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located at 1441 N. Eagle Road (R5042670045).
Section 08, T3N, R1E
b. Applicant/Owner:
Scott Koritansky
1441 N. Eagle Road
Meridian, ID 83642
c. .Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
a. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Varsity Kitchen -CUP-12-001 Page 1
Chapter 5.
b. Newspaper notifications published on: January 30, and February 13, 2012
c. Radius notices mailed to properties within 300 feet on: January 26, 2012
d. Applicant posted notice on site by: February 6, 2012
VI. LAND USE
a. Existing Land Use(s): The site is currently developed with two (2) commercial buildings in the
Krispy Creme Development. The proposed drinking establishment would be located on the
second floor of the rear building.
b. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly
developed with commercial uses, zoned I-L and C-G.
c. History of Previous Actions:
In 1982, the site was annexed into the City of Meridian with an I-L zoning designation.
In 1991, the property received conditional use approval for a planned development (PD-G) which
allows the property to develop with a mix of residential, commercial and industrial uses.
In 2005, a certificate of zoning compliance (CZC-OS-090) was issued that approved the
development of the site with the two commercial buildings.
d. Utilities:
1. Public Works:
a. Location of sewer: No utilities required, currently served.
b. Location of water: No utilities required, currently served.
c. Issues or concerns: None
e. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within a floodplain.
VIL COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map.
Per the Comprehensive Plan, the Commercial designation will provide a full range of commercial and
retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses,
multi-family residential, as well as appropriate public uses such as government offices. Within this
land use category, specific zones may be created to focus commercial activities unique to their
locations.
The site is currently developed with two commercial buildings that operate with commercial uses.
The subject property is zoned industrial (I-L) but has a vested approval of a planned development that
allows a mix of residential, commercial and industrial uses. The surrounding uses in the area are
predominantly commercial and the tenant space slated for the proposed drinking establishment is
similar to previous tenant, The Bull's Head Pub (restaurant/bar). For these reasons, staff is of the
opinion the proposed use meets the intent of the commercial designation.
Varsity Kitchen -CUP-12-001 Page 2
VIII. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
CUP: As mentioned earlier, the subject property received planned development (PD-G) approval
which allows a mix of residential, commercial and industrial uses even though the property is
zoned light industrial (I-L). Since the property is allowed to develop with commercial uses, staff
has relied upon the schedule of use table (Table 11-2B-2) and determined the proposed use
requires a conditional use permit, subject to the specific use standards outlined in UDC 11-4-3-
10. After reviewing the specific use standards, Staff is of the opinion the applicant meets the
standards of a drinking establishment as set forth in the UDC.
The site is currently developed with two (2) commercial buildings. Both buildings have
restaurants (Muse and Lucky Fins) operating within them. The proposed drinking establishment
is planned for the second floor of the rear building (see Exhibit A.2 and A.3).
The applicant is seeking a conditional use permit to obtain approval of a City liquor license. The
previous tenant (Bull's Head Pub) operated from the tenant space as a restaurant bar under a
single liquor license for the building. The new tenant (Varsity Kitchen) plans to operate as a
restaurant bar like the previous tenant. Due to the property owner purchasing a separate liquor
license for the second floor, the State approved the liquor license without a restaurant certificate.
Prior to submitting the CUP application, the applicant elected to install additional restaurant
equipment to seek a restaurant certificate from the State to avoid the need for the conditional use
permit. Both the City and the Health Department approved the kitchen plans but the State denied
the applicant's request for restaurant status. With the exclusion of the restaurant certificate, the
proposed use no longer meets the definition of a restaurant thus triggering the requirement to
obtain CUP approval for the drinking establishment. To expedite the opening of the business, the
City approved a temporary beer and wine license based on the applicant obtaining approval of
CUP or a restaurant certificate from the State.
Because the site and surrounding properties are primarily developed with commercial uses, the
proposed use complies with the specific use standards and does not differ much from the previous
use; staff recommends approval of the subject application.
IX. EXHIBITS
A. Exhibits
1. Vicinity/Aerial Map
2. Site/Landscape Plan
3. Floor plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from Unified Development Code
Varsity Kitchen -CUP-12-001 Page 3
A. Drawings
1. Vicinity/Aerial Map
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Exhibit A Page 1
2. Approved Site/Landscape Plan
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Exhibit A Page 2
3. Existing Floor Plan
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Exhibit A Page 3
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall obtain approval of a City liquor license prior to commencing the proposed
use.
1.2 The Applicant shall have a maximum of two (2) years to commence the use as permitted in
accord with the conditions of approval listed above. If the business has not begun within two (2)
years of approval, a new conditional use permit must be obtained prior to operation.
1.3 Staff's failure to cite specific ordinance provisions or terms of the approved certificate of zoning
compliance (CZC-OS-090) does not relieve the applicant of responsibility for compliance.
1.4 The applicant shall comply with the specific use standards set forth in UDC 11-4-3-10.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no comments related to this application.
6. SANITARY SERVICES COMPANY
6.1 The SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACRD has no site specific conditions related to this application. All other standards conditions of
approval apply.
Exhibit B - 1 -
C. Required Findings from the Unified Development Code
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. 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.
Staff finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the I-L district as evident with the development
of the site (see Analysis Section VIII and IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the proposed use is generally consistent with the Comprehensive Plan future
land use map designation of Commercial for this site and complies with the specific use
standards for a drinking establishment in the UDC.
c. 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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed use should be compatible with other uses in the general vicinity and with the
existing character of the area.
d. 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. The Commission should
rely upon any public testimony provided to determine if the development will adversely
affect other properties in the vicinity.
e. 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.
Staff finds that the proposed use will be served adequately by all of the public facilities and
services listed above.
f. 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.
If approved, the applicant will be financing any improvements required for the proposed use.
Staff finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
Exhibit C - 1 -
g. 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 involve any of the above listed activities or processes
that would be detrimental to persons, property, or the general welfare.
h. 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.
Staff finds the proposed use will not result in the destruction, loss or damage of any natural,
scenic or historic feature.
Exhibit C - 2 -