Varsity Kitchen - CUP-12-001CITY OF MERII)IAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit for Varsity Kitchen, Located at 1441 N. Eagle Road in the
I-L Zoning District, by Scott Koritansky.
Case No(s). CUP-12-001
For the Planning & Zoning Commission Hearing Date of: February 16, 2012 (Findings on February
16, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 16, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 16, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 16,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 16, 2012, 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-SA.
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
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-001
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of February 16, 2012, 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-
SA 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 conditional use permit is hereby approved per the conditions of
approval in the attached staff report for the hearing date of February 16, 2012, 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-SB-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-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-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 maybe 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. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of February 16, 2012.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-001
Page 2
/ ~l
By action of the Planning & Zoning Commission at its regular meeting held on the l 1Q -day of
Fe(•L, 2012.
COMMISSIONER SCOTT FREEMAN
(Chairman)
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
COMMISSIONER STEVEN YEAI
VOTED__~L~
VOTED_ ~L l~
VOTED_ l~~~
VOTED
Attest:
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Dated: ~,~~~~ ~,
Qs°~sao nu~~~
t,~
Go
~ . City ~ _ .
~Yb~' 1DAN0
„~ a
I'~y
r~~T~4 °~ t 1 e T aE s~~~~v
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-001
Page 3
EXHIBIT A
STAFF REPORT Hearing Date: February 16, 2012
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: CUP-12-001 -Varsity Kitchen
E IDIAN~--
1DAH0
I. 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. The Meridian Planning and Zoning
Commission heard this item on February 16, 2012. At the public hearing, the Commission voted
to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Scott Koritansky
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Bill Nary
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
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:
Varsity Kitchen -CUP-12-001 Page 1
EXHIBIT A
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,
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 Crime 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.
Varsity Kitchen -CUP-12-001 Page 2
EXHIBIT A
VII. 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.
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 restaurantlbar 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 defmition 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
Varsity Kitchen -CUP-12-001 Page 3
EXHIBIT A
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 4
EXHIBIT A
A. Drawings
1. Vicinity/Aerial Map
N h,
GS'OR
Y ~'9Y. 2760 ~,_~„ 19D0
L-n
' ~;'Ci
E FAIRVIEW AVE..
2651 2855 3055 3155 ~ 1525
2957 I,.
,
1555 j ,; _....
.~`6- :' ,; ', '. 3763 1475
e,' 2250 2850 2950 3050
ji
~O
~ 3499
2 ~: E JEWEL ST 1435
~
,. 3110 ° '..
1450 0
~-~. ° ~
w
~ '.
'.
.
I 3140 z
E FLORENCE ST
14D5
' ',. 3115
7346
1220
1760
1180
z
1700 __
1098 '. 1047 3000
Exhibit A Page 1
EXHIBIT A
2. Approved Site/Landscape Plan
Bar planned for ~~~~
the second floor °' M~ "'"~
y
of this building ~~~
~~ ~ o ~ ; ,
l .; ~ ~ j
~,
qe ~' is .~,
pg JII
+1~ ~ _ ~
I ~ { c~
i gg
_.~_.~ )4 ~~,
.A-~A/~E ~1IE RAN `x ,
- _ fL
.. + ,
+~ { a __
~fµ
~:k, w-i
! ~~
_.~,~..~ %~~ ,a. ;
r ~•~;.
~~
N ~p ~!s„-: ~.
e _U a ,- ~RR'A7t ~~.~.,
__@-9YPAi75
.:
~~ ~ "A'AlNffi Q.~ r w
t < ~, ,.
"_. a.: ~
1 -.. •.4,: -'Wr .per.... -'i1MR~ aAS'N~i~P.CS°~'.
A. 2 M11D RAM 30~ [00~ ll8 TIC RNtINa ~ W~IW~RAIA7q S ~MM~~f~10 OITK
___^ _
. uano~
~ ~.~; _.
^.... M
• ~~~,,~
m ~ «
e w .rte.. a.3"G•..a
. .:~-RIINt 1~T: ~)
n ~~ .~ _~ .
f ~~
~~ Lt~
Exhibit A Page 2
EXHIBIT A
3. Existing Floor Plan
r
R,
Exhibit A Page 3
EXHIBIT A
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 -
EXHIBIT A
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 (iJDC 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.
The Commission 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.
The Commission 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 set forth 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.
The Commission 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.
The Commission 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 relied upon public testimony provided and determined the proposed use would
not 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.
The Commission 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.
The Commission 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 -
EXHIBIT A
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.
The Commission 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.
The Commission finds the proposed use will not result in the destruction, loss or damage of
any natural, scenic or historic feature.
Exhibit C - 2 -