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2012 02-16E IDIAN~-~- MERIDIAN PLANNING AND ZONING IDAHO COMMISSION MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, February 16, 2012 at 7:00 p.m. 1. Roll-call Attendance X_ Tom O'Brien _O Steven Yearsley X_ Michael Rohm _X Joe Marshall X Scott Freeman -Chairman 2. Adoption of the Agenda Approved 3. Consent Agenda A. Approve Minutes of February 2, 2012 Planning and Zoning Commission Meeting Approved 4. Action Items A. Public Hearing: CUP 12-001 Varsity Kitchen by Scott Koritansky Located 1441 N. Eagle Road Request: Conditional Use Permit Approval to Operate a Drinking Establishment from an Existing Building in an I-L Zoning District Approved B. Findings of Fact and Conclusions of Law for Approval: CUP 12-001 Varsity Kitchen by Scott Koritansky Located 1441 N. Eagle Road Request: Conditional Use Permit Approval to Operate a Drinking Establishment from an Existing Building in an I-L Zoning District Approved Meeting adjourned at 7:15 p.m. Meridian Planning and Zoning Commission Meeting Agenda -Thursday, February 16, 2012Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Planning and Zoning Meeting February 16, 2012 Meeting of the Meridian Planning and Zoning Commission of February 16, 2012, was called to order at 7:00 p.m. by Chairman Scott Freeman. Members Present: Chairman Scott Freeman and Commissioner Tom O'Brien. Commissioner Michael Rohm, and Commissioner Joe Marshall. Members Absent: Commissioner Steven Yearsley. Others Present: Machelle Hill, Bill Nary, Bill Parsons. Item 1: Roll-Call Attendance: Roll-call Steven Yearsley X Tom O'Brien X Michael Rohm X Joe Marshall X Scott Freeman -Chairman Freeman: Well, good evening, ladies and gentlemen. At this time I'd like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission for this date of February 16th, 2012, beginning with roll call Item 2: Adoption of the Agenda. Freeman: Thank you. Okay. The first item is the adoption of the agenda. I don't believe there are any changes to it tonight. We only have a couple of items on here. Could I get a motion? Rohm: So moved. Marshall: Second. Freeman: I have a motion and a second to adopt the agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 3: Consent Agenda A. Approve Minutes of February 2, 2012, Planning and Zoning Commission Meeting. Freeman: The first item on the agenda is the Consent Agenda, which consists of one item this evening, which is the approval of the minutes of the February 2nd, 2012, Planning and Zoning Commission meeting. Could I get a motion? Meridian Planning & Zoning Commission February 16, 2012 Page 2 of 8 Rohm: I move that we accept the Consent Agenda. Marshall: Second. Freeman: Okay. I have a motion and a second to accept the Consent Agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Freeman: Okay. This evening we just have one item to hear on the agenda. We also have the Findings of Fact and Conclusions of Law, which we will handle immediately after we make our recommendation to City Council. Before we begin I just want to review the process for those of you who are here, which does not appear to be a whole bunch. We will open each item. We only have one this evening. We will begin with the staff report. Staff will give us their input on how the application complies with the Comprehensive Plan and Uniform Development Code. Then the applicant will be given 15 minutes to speak on the application, after which time we will take public testimony, if there is anybody in the audience wishing to offer testimony. If you do there are sign-up sheets in the back. If you put your name on there that helps -- that helps us keep track of .who wants to speak., However, even if your name is not on there. I will give you an opportunity to speak if you would like to. You will be given ten minutes to speak. I'm sorry. Three minutes. Is it three minutes or ten minutes? Three minutes to speak. I don't think we risk going too long this evening. If anybody does speak the applicant will be given another opportunity to come up and address us and, then, we will deliberate and come up with, hopefully, a recommendation for City Council. Item 4: Action Items A. Public Hearing: CUP 12-001 Varsity Kitchen by Scott Koritanski Located 1441 N. Eagle Road Request: Conditional Use Permit Approval to Operate a Drinking Establishment from an Existing Building in an I-L Zoning District. Freeman: So, beginning with -- let's go ahead and open CUP Item 12-001, Varsity Kitchen, and begin with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. Before you this evening is a Conditional Use Permit for a drinking establishment in an I-L zone. Surrounding this area is primarily commercial development, zoned I-L and C-G. This particular property is located at 1441 North Eagle Road and the reason for the I-L zone that you see on the property is the property was approved back in 1991 as a planned unit development, which, basically, granted -- allows residential, commercial, and industrial uses in that (unintelligible) with the property. So, as Planning Department, what we have been doing on this site is we have been relying on Unified Development Code, so if an applicant wants to develop on this type of parcel or on that type of a -- Meridian Planning & Zoning Commission February 16, 2012 Page 3 of 8 with the PD status, we have to go to our code and see what would be allowed, what's the use, and what would that process be. And so working with the director and looking at a particular use in the UDC, we determined that a Conditional Use Permit for a drinking establishment is -- is a requirement in a commercial zone and since this parcel has a PD that allows the commercial use, this is the best process for the applicant to follow. I would also let you know that we have been working with the applicant, they have been trying to get this business up and running for quite sometime as a restaurant slash bar and I think in my staff report I have kind of explained what's happened. The applicant has gone through the process of trying to separate (unintelligible) or liquor license for the second floor of the building and what's happened is now that he has two liquor licenses for the property the state won't allow him to get restaurant status for the upper floor. He's gone through the process to add some kitchen equipment to that second level, but, again, he went back to the state and asked them to come inspect, they didn't think it met that criteria and denied his request for restaurant status. So, the city would be able to give him temporary beer and wine license to get the business open. I indicated on here when they get that restaurant certificate we will give him approval of the CUP, because he thought it would be quicker to go through the city and get the Conditional Use Permit approved, that's what he's done this evening. Staff has evaluated the lease -- the bar use against the specific use standards in the code. So, basically, it says it can't be located within a thousand feet of a church or 300 feet of a school and, then, the applicant, as I mentioned, it is surrounded primarily by commercial uses. So, the use does meet the specific use standards for a drinking establishment. Staff has not received any written testimony on this property -- on the project and the applicant is in agreement with the staff report and with that I will stand for any questions you may have. Freeman: Thank you, Bill. Any questions of staff? O'Brien: Yes. Freeman: Commissioner O'Brien. O'Brien: Bill, just to clarify for my own benefit, actually. What is the difference, then, between a restaurant and a beer establishment as far as food goes. There is a lot of bars that aren't classified really restaurants, but they serve popcorn, pickled eggs, and things of that nature. Where is the line drawn between food served that way or a restaurant type establishment? Parsons: Chairman, Commissioner O'Brien, in our code we have a specific definition. We basically say you have a restaurant certificate, that also allows you to sell liquor. But you have to have that approval on your liquor license from the state in order for our -- for us as a city to approve it. Now, when the applicant presented his approval from the state it showed -- it indicated that he did not have a restaurant certificate with his approved liquor license. So, therefore, under our definition in the code, a bar would be just, basically, selling drinks by the glass and no food. It doesn't really say food, but just by the glass. That's all by the glass. Meridian Planning & Zoning Commission February 16, 2012 Page 4 of 8 O'Brien: Okay. Parsons: And maybe the attorney could elaborate a little bit more for me. O'Brien: So, if there is popcorn or -- Nary: Mr. Chairman? Mr. Chair, Members of the Commission, I do a lot of work with the alcohol licensing for the city and, basically, the difference is the question by Commissioner O'Brien is restaurants have a specific designation in the state code for liquor establishments, so the Idaho State Police and the alcohol beverage control unit determines that. They base it on the kitchen facility and the type of -- the amount of sales. A certain percentage of sales has to be related to non-food items for it to qualify as a restaurant -- or non-alcohol-related items to qualify for a restaurant. So, a bar can be a restaurant or a bar and it doesn't have to serve food if it's a bar, so the peanuts and popcorn and those kinds of things, that's the kind of things that are really found in a bar. For a restaurant it does have to have a certain amount of sales not related to alcohol, so they have to serve food or other items that they report to the state and the state makes that determination. So, in this particular circumstance the Varsity Kitchen is really applying to be a bar, which they are allowed to serve food if they meet the specific health requirements. They are not required to serve food under. our code or the state code. Just if they want to be a restaurant. O'Brien: Okay. Thank you. Appreciate it. Freeman: Thank you for that. Any other questions? Would the applicant like to come forward? And, please, state your name and address for the record when you reach the microphone. Koritansky: Scott Koritansky. I'm representing Artisan Properties, which is the building owner, and our -- this whole thing has been a little confusing, because it is a full menu restaurant. It's -- it's just that the kitchen is on the first floor, so when we added the kitchen on the second floor we are still not sure why it didn't qualify, because there are two other similar kitchens in Meridian that did qualify as restaurants, so we still haven't got that clarified with ABC, but as Bill stated, it was quicker to get them open and get the people working to go through this process and, then, continue to try to clarify why it's not a -- you know, a restaurant. But as long as everybody is -- you know, is legal and the city is, you know, good and their codes are followed and the state, that's all we are really trying to do. So, unless there are any other questions, I mean that's really how we got to here. Freeman: Okay. Are there any other questions? Marshall: I have one quick question. Freeman: Commissioner Marshall. Meridian Planning & Zoning Commission February 16, 2012 Page 5 of 8 Marshall: Out of curiosity. Looking at page three -- I'd ask you to show us, but, obviously, we can't. Page three of Appendix B, 1 believe where it has the floor plans, it shows the bar, but the entire area lassume -- it says future on that, is actually going to be part of the restaurant? Is that correct? Koritansky: I'm not sure about that page at all. Marshall: But would the kitchen be the entire second floor? Koritansky: No. No. No. The entire second floor is all part of the kitchen, part of it -- a large part of it, all the whole dining room is part of it. Marshall: I apologize. I used kitchen, because of Varsity Kitchen. Koritansky: Right. Marshall: I meant the restaurant slash bar is going to be the entire second floor. Koritansky: Yes. The entire second floor. Yeah. Yes. Yes. There is dinner tables throughout the whole. facility. Marshall: Thank you. Freeman: Okay. If there are no further questions, thank you very much. Koritansky: Thank you. Freeman: I don't have anybody else listed on hearing as going to testify. Is there anybody in the audience that does wish to testify? Okay. Well, with that I need a motion to close the public hearing. Marshall: Mr. Chair? Freeman: Commissioner Marshall. Marshall: I move that we close the public hearing on CUP 12-001. O'Brien: Second. Freeman: I have a motion and a second to close the public hearing on CUP 12-001. All those in favor say aye. Opposed? Motion carried. The hearing is closed. MOTION CARRIED: FOUR AYES. ONE ABSENT. Freeman: Anything that we need to discuss on this item before we move on it? Meridian Planning & Zoning Commission February 16, 2012 Page 6 of 8 Marshall: I would simply suggest that maybe some issue with the state that the previous establishment seems to make most of its money through liquor sales it appeared. They did serve food, but -- I ate there once. It appeared to be more alcoholic based and maybe somebody got hung up on that. To me I'm kind of excited to see something go in there and would like to go check it out once it's up and running and -- Nary: Mr. Chair? Freeman: Yes. Nary: Just for the Commission's edification, the reason for the state issue here is the prior licensee had one -- one liquor license for the establishment. The kitchen could be downstairs and they could serve food upstairs, but there is one liquor license for both places, it is allowed under the state code. Now the licenses are separate, so the license to the Varsity Kitchen is a separate liquor license for the restaurant below, so you can't have one restaurant serving both. The state is trying to avoid a liquor establishment essentially having no kitchen and serving food from Dominoes Pizza. That's not what they are trying to do. So, you have to have a kitchen on the premise. I don't know why there is a glitch now, but Imean I -- from what. our. -- our development .services. has approved, that kitchen should be the same as the other ones that have been approved around town, so I'm not sure if that's a state glitch that they will just have to work out, but this will fit under both our code, as well as the state code for what they want to do, it's just the difference in licensing for what they are doing now to what was previously done before. So that's the reason this is in front of you. Freeman: A technicality that really doesn't make much difference as far as -- Nary: Doesn't make much difference from a code standpoint. Yes. Freeman: Yeah. Marshall: Well, I'm happy to see it go forward. Freeman: Well, could I get a motion, then? Rohm: Mr. Chairman? Freeman: Commissioner Rohm. Rohm: 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 16th, 2012, with no modification. O'Brien: Second. Meridian Planning & Zoning Commission February 16, 2012 Page 7 of 8 Marshall: Second. Freeman: I have a motion and at least one second to recommend approval on CUP 12- 001. All those in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: FOUR AYES. ONE ABSENT. B. Findings of Fact and Conclusions of Law for Approval: CUP 12- 001 Varsity Kitchen by Scott Koritansky Located 1441 N. Eagle Road Request: Conditional Use Permit Approval to Operate a Drinking Establishment from an Existing Building in an I-L Zoning District. Rohm: Now, we do have on the agenda still Findings of Fact and Conclusions of Law for this item, which have already been prepared, so I believe we need a motion on this one as well. Rohm: Mr. Chairman? Freeman: Commissioner Rohm. Rohm: I move that we approve the Findings of Facts and Conclusions of Law for CUP 12-001 for the Varsity Kitchen as established in the staff report previously approved. Marshall: Second. Freeman: Okay. We have a motion and a second to approve the Findings of Fact and Conclusions of Law for CUP 12-001, Varsity Kitchen. All those in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: FOUR AYES. ONE ABSENT. Freeman: I don't believe we have anything else. Bill, anything from staff? Parsons: Nothing further. Freeman: Then we can go ahead and take our final motion. I'm sorry, was there some -- we typically need to have you contact the Planning and Zoning staff to get on the agenda for that. That way we can put out the notices that might be required for that. So, I would encourage you to contact staff and they will get you on the agenda for whatever that might be. Mr. Nary, am I correct that we need to get him on the agenda? Nary: Yes. It has to be noticed on the agenda. Meridian Planning & Zoning Commission February 16, 2012 Page 8 of 8 Freeman: It has to be noticed. We do have to get you on the agenda and follow the legal protocol. Thank you. With that I need one more motion. Marshall: Mr. Chair, I move that we adjourn. Rohm: Second. Freeman: Okay. We have a motion and a second to adjourn. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Freeman: We are adjourned. Thank you. MEETING ADJOURNED AT 7:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED SCOTT FREEMAN - VI ~ ~/~~/Z DATE APPROVED ATTEST: `-~ JAYCEE I-iOLMAN, CITY CLERK ~ `O~O~TgD AUCL~',P,+ ~.~v 9 / r ~' tDAN0 .~ ~~B Ste. Ai !mow t.[~s+ ~ ~r6t ~~ t1e 7RF>6~~~ Meridian Planning Zoning Commission Meeting DATE: February 16, 2012 ITEM NUMBER: 3A PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 2, 2012 Planning and Zoning Commission Meeting MEETING NOTES ~PP~d rn a f 1~n ~{ -ti CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: February 16, 2012 ITEM NUMBER: 4A PROJECT NUMBER: CUP 12-001 ITEM TITLE: Varsity Kitchen Public Hearing -Conditional Use Permit approval to operate a drinking establishment from an existing building in an I-L zoning district by Scott Koritansky - 1441 N. Eagle Road MEETING NOTES ~PPvu"~~Q rn~l..~ `~"~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: February 16, 2012 ITEM NUMBER: 4B PROJECT NUMBER: CUP 12-001 ITEM TITLE: Varsity Kitchen Findings of Fact and Conclusions of Law for approval -Conditional Use Permit approval to operate a drinking establishment from an existing building in an I-L zoning district by Scott Koritansky - 1441 N. Eagle Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS