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HomeMy WebLinkAboutStaff Comments j MAYOR Tammy de Weerd olfe;;dlt£H IDAHO CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith BiRl Christine Donnell Shaun Wardle Charles M. Rountree PUBLIC WORKS BUILDING DEPARTMENT (208)887-221l-Fax 898-9551 LEGAL DEPARTMENT (208) 884-5533. FAX 888-6854 MEMORANDUM: To: Mayor and City Council Transmittal Date: April 14, 2005 City Council Hearing Date: April 19, 2005 RECEIVED From: Sonya Allen, Assistant City Planner ¿II. APR ! 4 2005 Subject: Custom Pools & Patio City Of Meridian City Clerk Office Request for Approval of the Temporary Display and Sale of Eight (8) Jacuzzi Models and One (1) Above Ground Pool in the Meridian Speedway Parking Lot, by Custom Pools & Patio (MI-O5-002). Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY The applicant, Custom Pools & Patio, has submitted a Miscellaneous Application (MI) requesting City Council approval for the temporary display and sale of eight (8) jacuzzi models and one (1) 7' x 17' above ground pool in the Meridian Speedway parking lot. The property is currently zoned C-G (General Retail and Service Commercial). Custom Pools and Patio proposes to have a 20' x 56' booth on which they will erect a 20' x 30' tent which will house the jacuzzi's and above ground pool. The tent will consist of a new blue and white tent supported by a steel frame. The tented area will have a Ih-inch gravel floor for dust control. The booth will be fully fenced by a 6' cyclone security fence. The applicant proposes to operate at this location from Apri14ctober. Hours of operation will be as follows: Friday, 10 a.m.-4 p.m.; Saturday, 10 a.m.-1p.m.; and Sunday, 11 a.m.~ p.m. The applicant has a lease agreement with Meridian Speedway for the proposed use. Title 11, Chapter 8 of the Meridian City Code (MCC), Schedule of Use Control, principally permits Retail Sales in the C-G zoning district. Currently, dairy barns and sales buildings for the MI-O5-002 Page 1 Meridian Speedway exist on this lot. Unless a Planned Development application is approved which would allow for multiple buildings/uses on a single lot, MCC does not permit multiple uses outright. However, City Council has permitted other temporary uses (e.g. Christmas tree lots, firework stands, etc.) or uses that are accessory to the principally permitted use in the past. Currently there are no required findings or City adopted standards for temporary uses. Because there are no required findings or standards for temporary uses, staff has provided, in the analysis below, some of the most pertinent facts related to operation of the proposed temporary use. LOCATION & SURROUNDING USES The parking lot that the applicant would like to operate out of is located on the east side of Main Street, approximately 500-feet south ofE. Franklin Road, in Section 18, Township 3 North, Range I East. The following uses surround the subject parking lot: North: Storey Park, zoned C-G. South: Meridian Speedway, zoned C-G. East: Meridian Speedway property/Storey Park, zoned C-G. West: Seventh HeaveniLes Schwab Tires, zoned C-G. OWNER OF RECORD The property owner of record is Meridian Dairy and Stock Shows, Inc. and they have provided notarized consent for Custom Pools and Patio to submit the subject application. STAFF ANALYSIS There would appear to be two options available to the City of Meridian regarding vending uses. The fust would be to regulate such uses as a vendor business license. The other would be to regulate them as a permanent or temporary land use. Staff does not recommend treating them as a permanent land use, because there is no permanent structure. The remainder of this discussion assumes that we treat them as a temporary land use. The only temporary use addressed in current Meridian City Code is temporary construction buildings. Because temporary uses are not defmed and there are not any established design standards for temporary uses, staff has put together a list of possible design standards that could be addressed not only with the subject temporary use application, but with any future MI-O5-002 Page 2 temporary use application. Please note that such temporary vendor uses might include food and/or sundries. The design standards below are based on the Temporary Use section of the new draft zoning ordinance. Staff analysis of the subject temporary use application is in italics below each design standard. 1) Location: a. Temporary uses should conform to the setback requirements of the zoning district in which it is located. This site is located in a C-G zone which requires a 15-ft. front building setback from the property line. The applicant has provided staff with a site plan depicting the sales booth to be set back 13-feet from the curb on Main Street. Based on the site plan, it does not appear that the sales tent complies with the required front setback of 15-feet from the property line and will need to be moved back to complv with the minimum setback. b. Temporary structures, merchandise and signs should not be displayed as to interfere with the clear vision triangle. As the site plan is not to scale and the sales booth is not shown at the correct setback, it is unclear as to whether or not there are any structures, merchandise, or signs that would interfere with the clear vision triangle. The clear vision triangle is measured 20feet along Main Street and 10feet along the entry driveway(s). 2) Structure: a. A maximum of one temporary structure should be allowed and should cover a maximum of 500 square feet. To staff's knowledge, there are no other temporary structures on this site. The applicant has provided a square footage calculation of 600 s.t for the display tent (20' x 30'). The entire fenced, booth area is proposed to be 1,120 s.f (20'x56'). This is more than twice the size recommended in the proposed Unified Development Code. The applicant proposes to display three (3) Jacuzzis and one (1) pool outside of the display tent (but within the cyclone fence). Staff recommends this issue be addressed at the GiN Council public hearinll as to whether or not the proposed square footalle is appropriate. b. The use should not result in the construction of any permanent structures that would not otherwise be permitted. The applicant has not requested to construct any permanent structures. c. Any portable structure should be portable and completely removed at the end of the allowed time period. If this application is approved, the applicant should be required to completely remove the temporary structure and any signage approved for the temporary use after October 2005. Further, the site should be returned to a clean condition after the termination of the use, including free of debris, garbage and the gravel base. d. The applicant should obtain any necessary building permits (electrical, structural, etc.). 3.) Parking and Access: a. Adequate off-street parking should be provided to serve the use. The area where the sales booth is proposed to be located is currently part of the existing parking area for the MI-O5-002 Page 3 dairy barns and Meridian Speedway. The hours of operation will overlap slightly on the nights that races are held. Although the whole parking area is not shown on the site plan and the parking surface is dirt and not striped, there appears to be adequate off-street parking to serve this use as well as the other existing use. See Standard 3.d below for more information regarding the status of the existing parking lot. b. The use should not displace the required off-street parking spaces or loading areas of the principally permitted use(s) on the site. As noted above, staff does not believe that the proposed use will displace required off-street parking spaces for the principally permitted uses. However, the applicant and Meridian Speedway should carefully monitor the parking situation during the first several weeks of operation, if approved. If parking creates a potential traffic hazard and/or the Police or Planning Department determines a hazard exists, the City reserves the right to revoke the temporary use permit. c. The entrance and exit drives should be designed to prevent traffic hazards and nuisances. The applicant is not proposing any new vehicular access for this use. Please see above standard for more information about access. d. All surfaces used for parking should be constructed with vegetative cover or a dustless material. The existing parking lot is dirt and does not conform to the current standards for parking lot construction. Staff recognizes that this site has been used for off-street parking for many years without being paved or covered with a dustless material. The application provides no estimate of the number of vehicle trips expected to be generated by this use. The applicant/operator should be held responsible for any potential dust problems that might be created by the use - either airborne or on-street dirt debris. As stated above, if parking creates a potential traffic hazard and/or the Police or Planning Department determines a hazard exists, the City reserves the right to revoke the temporary use permit. 4) Signs: All signs erected in association with the use should be in compliance with the City adopted regulations for signs. The applicant is proposing two (2) temporary, vinyl signs which would be hung on the cyclone fence: a 30 sq. ft. Jacuzzi sign and a 15 sq. ft. custom pool sign. MCC 11-14-7.B.5, Temporary Signs Requiring a Permit, allows banner signs ("special sale") up to 16 sq. ft. and allows only one (1) sign per business. If approved, the applicant should be required to obtain a temporary sign permit and install signage in accordance with Meridian City Code. We do not recommend approval of the signage as proposed. 5) Noise: Compressors, fans, pumps, and other motorized equipment should be located or shielded to reduce noise levels. It is not clear from the application if such equipment is proposed as part of this use. This issue should be clarified at the Citv Council public hearinf!. 6) Miscellaneous: a. Hours of Operation: The applicant has specified business hours for this use as: MI-O5-002 Page 4 Friday lOam - 6pm Saturday lOam - tpm Sunday llam - 5pm Staff recommends that the Council evaluate the hours of operation during hearing. the public b. Time Period: The applicant is proposing to operate the temporary use from April through October. This timeframe is in line with the recommended ordinance time period of a maximum of one (1) year. c. Other Agencv/Department Approval: If the Council decides to approve the subject use, staff recommends that a condition be imposed on the applicant to comply with any guidelines, regulations and permitting process required by any authorizing public agencies, including but not limited to the Ada County Highway District, Idaho Power, and Meridian City Departments. SITE SPECIFIC REOUIREMENTS 1. The display booth shall be set back a minimum of IS-feet from the front property line along Main Street. No part of the fence, display material or tent shall encroach into the setback. No items shall be displayed within the required setback area. Temporary structures, merchandise and signs shall not interfere with the clear vision triangle at the park entrance or other driveways. At the end of the allowed time period, the applicant shall be required to completely remove the temporary structure and any signage approved for the temporary use. Further, the site should be returned to a clean condition after the termination of the use, including free of debris, garbage and gravel base material. The applicant shall obtain any necessary building permits (electrical, structural, etc.) applicable to the proposed use. If off-street parking creates a potential traffic hazard and/or the Police or Planning & Zoning Department determines a potential hazard exists at any time, the City reserves the right to revoke the temporary use permit. The applicant/operator is responsible to mitigate any potential dust problems that might be created by the temporary use and its associated parking. The applicant is required to obtain a temporary sign permit through the Planning & Zoning Department for any new sign associated with the temporary use. A maximum of one (1) banner sign (max. 16 sq. ft.) OR one (1) portable/free-standing sign (max. 32 sq. ft.) is allowed. All other standards for temporary signs in MCC 11-14-7 shall apply. 2. 3. 4. 5. 6. 7. 8. MI-O5-002 Page 5 9. 10. Prior to beginning operation, the applicant shall contact Idaho Power and the Meridian Fire Department to inform them of the temporary use and shall comply with any conditions those agencies require. The temporary use shall cease operation no later than November I, 2005. The hours of operation shall be as follows: Friday lOam - 6pm Saturday lOam - 7pm Sundayllam - Spm RECOMMENDATION Staff recommends approval of the temporary use with the above-mentioned conditions of approval. MI-O5-002 Page 6