Slanted Rock Brewery - CUP-12-004CITY OF MERIDIAN E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND IDAHO
DECISION & ORDER
In the Matter of Conditional Use Permit for Slanted Rock Brewery, Located at 2374E. Cinema
Drive in the C-G Zoning District, by Alesa Lonseth.
Case No(s). CUP-12-004
For the Planning & Zoning Commission Hearing Date of: June 7, 2012 (Findings on June 21, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 7, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 7, 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-12-004
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of June 7, 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 June 7, 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 may be 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 may be 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 may be 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-12-004
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the day of
~ / ~%
2012.
COMMISSIONER SCOTT FREEMAN
(Chairman)
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
VOTED
VOTED
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VOTED_ ~~
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: _~~
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-004
Dated: (9 - 2 5 - 12
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date: June 7, 2012
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: CUP-12-004 -Slanted Rock Brewery
E IDIAN
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Alesa Lonseth, is requesting Conditional Use Permit (CUP) approval for the operation
of a drinking establishment (brewery) in an existing building in a C-G zoning district.
IL 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 June 7, 2012. At the public hearing, the Commission voted to
approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Scott Raeber. Bob Lonseth and Alesa Lonseth
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key 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-
004, as presented in the staff report for the hearing date of June 7, 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-12-004,
as presented during the hearing on June 7, 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-
12-004 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:
Slanted Rock Brewery -CUP-12-004 Page 1
EXHIBIT A
The site is located at 2374 E. Cinema Drive (R1814730160).
Section 17, T3N, R1E
b. Owner:
Thomas Motors, Inc.
2310 E. Cinema drive
Meridian, ID 83642
c. Alesa Lonseth, Slanted Rock Brewery Company
Phone: (208) 891-8054
d. 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: May 14, and 28, 2012
c. Radius notices mailed to properties within 300 feet on: May 25, 2012
d. Applicant posted notice on site by: May 29, 2012
VI. LAND USE
a. Existing Land Use(s): The site is currently developed with amulti-tenant commercial building.
The proposed drinking establishment will locate in two tenant spaces at the south-end of the
building.
b. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly
developed with commercial uses (movie theatre, motorcycle dealership, animal clinic and
various multi-tenant commercial buildings), zoned C-G.
c. History of Previous Actions:
In 2007, a certificate of zoning compliance (CZC-07-139) was issued that approved the
development of the site with the commercial building. The site meets the current requirements of
the Unified Development Code (UDC).
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.
Slanted Rock Brewery -CUP-12-004 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 amulti-tenant commercial building that operates with a mix of
commercial uses. Although the brewery is defined as a drinking establishment in the Unified
Development Code (UDC), the primary focus of the business will be on beer manufacturing and
distribution. An ancillary tasting room is proposed for sampling the products. Because of the light
industrial nature of the business, staff believes the operational characteristics (hours of operation and
traffic generation), of the proposed use will differ from the other commercial activities occurring in
the area and should not conflict with adjacent uses. Thus, staff is of the opinion the proposed use
meets the purpose statement of the commercial designation of the comprehensive plan.
VIII. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
As mentioned earlier, the subject site is developed with a 14,274 square foot multi-tenant
commercial building and complies with the requirements of the UDC (parking and landscaping).
With the exception of the change of use, no other changes are proposed with this application.
The proposed drinking establishment (brewery) will be located in the two southern tenant spaces
which total 3,557 square feet. Most of the activity (brewing and storage) will occur in a 2,157
square foot area. A small ancillary tasting room (1,000 square feet) is proposed to allow the
customers the opportunity to purchase beverages brewed on site by the glass. Approximately 400
square feet will be used for offices.
Conditional Use Permit (CUP): Per the UDC (Table 11-2B-2), the proposed use (brewery)
requires a conditional use permit, subject to the specific use standards outlined in UDC 11-4-3-
10.
The Specific Use Standards the applicant must comply with are:
A. The facility shall comply with all Idaho Code regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages. The applicant should comply
with this standard. Additionally, the applicant must obtain approval from the State,
County and City prior to commencing the use.
B. The drinking establishment shall not be located within three hundred feet (300') of a
property used for a church or education service. Nor shall the drinking establishment
be located within one thousand feet (1,000') of an adult entertainment establishment.
The proposed brewery is not 300 feet Staff is unaware of any church or education
service within 300' of this property, or adult entertainment establishment within
1, 000' of this property. Thus, the proposed use complies with this requirement of the
UDC.
C. For properties abutting a residential district, no outside activity or event shall be
allowed on the site, except in accord with Chapter 3 Article E TEMPORARY USE
REQUIREMENTS of this Title. This property is not adjacent to a residential district.
Because the site and surrounding properties are primarily developed with commercial uses, the
primary emphasis of the use is on manufacturing and distribution and the developed site meets
Slanted Rock Brewery -CUP-12-004 Page 3
EXHIBIT A
the requirements of the UDC; staff recommends approval of the subject application.
IX. EXHIBITS
A. Exhibits
1. Vicinity/Aerial Map
2. Approved Site Plan
3. Proposed Tenant Space and 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
Slanted Rock Brewery -CUP-12-004 Page 4
EXHIBIT A
A. Drawings
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EXHIBIT A
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EXHIBIT A
3. Proposed Tenant Space and Floor Phn
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The submitted site plan, landscape plan and building elevations were approved by the Planning
Department with CZC-07-139.Other than the change of use, no other site, landscape or building
modifications are approved with the subject application.
1.2 The applicant shall submit a Certificate of Zoning Compliance Verification (CZCV) application
for the change in use of the tenant space from retail to a drinking establishment, prior to
commencing the new use.
1.3 The applicant shall secure all State, County and City approvals for the sale of alcohol.
1.4 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.
1.5 Staff's failure to cite specific ordinance provisions or terms of the approved certificate of zoning
compliance (CZC-07-139) does not relieve the applicant of responsibility for compliance.
1.6 The applicant must 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 Please contact the Fire Code Plan Reviewer at 887-2211 to work out specific issues associated with
this project as soon as possible.
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. REPUBLIC SERVICES
6.1 The SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD 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 (iTDC 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 C-G 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 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 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.
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 -