HomeMy WebLinkAboutStaff Comments
!'
<,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY] 0,2006
STAFF REPORT
City Council
Hearing Date: 1/10/2006
'. " J
c:::M;ri;;l:n--'; 0, ~
'~ IIJ.\HO Jf
\~1: ~, /,.
'", " ..,."P'
"'<!""""',1'~,~" w. y,.~~!,~,,"<,".~¡¡¡
TO:
FROM:
SUBJECT:
Mayor and City Council
Craig Hood, CuITent Planning Manager
Redfeather Estates Sales Trailer Variance
File No. V AR~05-025
Variance request to UDC 11-3E-4CI to allow a temporary sales trailer that
exceeds the maximum square footage allowance, by Packard Estates
Development, LLc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section 11-3E-4C1 of the Unified Development Code (UDC)
that restricts temporary structures to a maximum of five hundred (500) square feet. The Variance
application, submitted concurrently with a temporary Certificate of Zoning Compliance (CZC)
application to operate a temporary sales trailer on Lot 2, Block 13, Redfeather Estates Subdivision No.2,
includes a proposal for a six hundred and seventy two (672) square foot sales trailer.
The City Council has [mal decision authority on the Variance application while the Planning Director has
final decision authority on the CZC application. Staff can not issue a CZC permit for the temporary sales
trailer until the Council acts on the subject Variance application. The applicant's justification for the
requested variance is listed in Section 4.h ofthis Staff Report.
2. SUMMARY RECOMMENDATION
Staffis recommending denial of the subject Variance application (V AR-05-025) for the reasons listed
herein. Staff does not [md that the application meets all of the findings required in the UDC in order for
the City Council to grant a variance. (See the analysis, in Section 9 of this report, for more details.)
3. PROPOSED MOTION (to be considered after the public hearing)
Denial
I move to deny File Number V AR-05-025, as presented in the staff report for the hearing date of
January 10, 2006 and direct Legal Staff to prepare the appropriate [mdings document for denial.
Approval
I move to approve File Number V AR-05-025, as presented in staff report for the hearing date
of January 10, 2006 and direct Planning Staff to prepare findings for approval based on
tonight's hearing, with the specific following changes: (State how the variance meets the
findings in Section 9.1 of the Staff Report.)
Continuance
I move to continue File Number V AR~05-025, to the hearing date of (insert continued hearing
date here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
413 E. Race Street (Lot 2, Block 13, Redfeather Estates Subdivision No.2); generally
south of Us tick Road and east of Eagle Road.
Township 3N, Range IE, Section 4
Redfeathcr Estates Trailer Variance V AR-05-0025
Page 1
1
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
b. Owner:
Packard Estates Development, LLc.
6223 N Discovery Way, Ste. 120
Boise, ill 83713
c. Applicant
Packard Estates Development, LLC.
6223 N Discovery Way, Ste. 120
Boise, ill 83713
d. Representative: Joe Attalla, Packard Estates Development, LLC & Kegan Garcia, Park
Pointe Management
e. Present Zoning: Medium Low-Density Residential (R-4), Meridian
f. Present Comprehensive Plan Designation: Medium Density Residential - 2002
Comprehensive Future Land Use Map
g. Description of Applicant's Request The applicant is requesting a variance from Section 11-
3E-4C1 of the Unified Development Code (UDC) that restricts temporary structures to a
maximum of five hundred (500) square feet. The Variance application, submitted concUITently
with a temporary Certificate of Zoning Compliance (CZC) application to operate a temporary
sales trailer on Lot 2, Block 13, Redfeather Estates Subdivision No.2, includes a proposal for
a six hundred and seventy two (672) square foot sales trailer.
h. Applicant's Statement/Justification: Our request for approval ofthe 672 square foot trailer is
to accommodate our sales staff and aide them in accommodating the public in their pursuit
for housing. Said trailer will be equipped with computers, office equipment and visual aides
to assist in the selling process (please see the applicant's submittal letter for more
information. )
5. PROCESS FACTS
a. The subject application will in fact constitute a variance as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-
5A-1), a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: December 19th, 2005 and January 2nd, 2006
c. Radius notices mailed to properties within 300 feet on: December 16th, 2005
d. Applicant posted notice on site by: December 31 st, 2005
6. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: Primarily, single-family residences in
Ada County, Boise City and Meridian. There is a church, a funeral home, and an elementary
school also within the general vicinity.
c. Adjacent Land Use and Zoning:
1. North: Single-family lots, zoned R-4
2. West Single-family lots, zoned R-4
3. South: Single-family lots, zoned R-4
4. East Single-family lots, zoned R-4
Redfeathcr Estates Trailer Variance V AR-05-0025
Page 2
1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
d. History of Previous Actions: In early 2004, the City Council approved annexation and
zoning (AZ-03-021), preliminary plat (PP-03-024) and conditional use permit (CUP-03-041)
applications for Redfeather Estates Subdivision No.2. In November of 2004, the City
Council approved the final plat for Redfeather Estates Subdivision No.2, which included 92
single-family lots on 30 acres.
e. Existing Constraints and Opportunities
1. Public Works
Issues or concerns:
None
2. Vegetation:
None
3. Flood plain: N/A
4. Canals/Ditches Irrigation: N/ A
5. Hazards: None Identified
6. Size of Property:
0.166 acres
7. Description of Use:
subdivision.
f. Subdivision Plat Information - N/ A
Operation of a temporary sales trailer within a residential
g. Landscaping - N/ A
h. Planned Development Characteristics - N/A
i. Amenities - N/A
j. Off-Street Parking - Per UDC 11-3E-4.E, adequate off-street parking for the use must be
provided.
k. Proposed and Required Residential Standards - N/ A
l. Proposed and Required Non-Residential Standards - See Section 9.2 below.
m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The
applicant is proposing parking for the sales trailer use off-site, on Lot 14, Block 14, directly
across Race Street. No curb cut is necessary as there are rolled curbs on Race Street.
7. AGENCY COMMENTS MEETING On December 30th, 2005 staff held an agency comments
meeting. However, no comments were provided for the Variance application. Please see the public record
for the Variance file for any written comments that may have been submitted by other agencies.
8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Medium
Density Residential' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this
designation is defined as areas containing between 3 and 8 dwelling units per acre. The Comprehensive
Plan is silent on variance requests in residential zones. However, temporary uses are allowed in the R-4
zone, as accessory uses (UDC 11-2A-2 Table 11-2A-2)(please see Section 9 below for detailed analysis.)
9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Staff finds that
the following UDC sections are pertinent to the Variance application (staff analysis in italics below
section):
9.1
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the
findings listed in Section 11-5B-4E of the UDC to review the variance request. In order
to grant a variance, the Council shall make the following findings:
Redfeather Estates Trailer Varianee V AR-05-0025
Page 3
!
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
Temporary uses are allowed as accessory uses in the R-4 zone. However, the size of a
temporary structure is restricted to a maximum of 500 square feet. Staff finds that if the
City Council grants the requested variance, for a 672 square-foot temporary structure, a
special privilege will be granted to the subject applicant. In addition, the applicant does
have options to obtain a larger sales structure; the applicant could construct a model
home (a pennanent structure) and conduct sales from that model home.
Staff has concerns about approving a variance request to newly adopted standards for
temporary uses. We anticipate that other temporary uses will ask for similar variances. If
Council is inclined to approve this variance request, Staff asks that you provide direction
on: 1) if you would like to see the standard changed in the UDC and/or 2) under what
circumstances you would be inclined to grant similar variances. By providing this
direction, Staff will be able to provide better information to future applicants.
9.2
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds there are no physical characteristics of the site which require the applicant to
operate within a larger-than-allowed temporary structure on this site. For example, the lot
is Ill-feet long by 65-feet wide, a typical lot in the subdivision. Staff finds that there are
no major canals or ditches running through this lot, and there are no topographical
features or other physical characteristics which would prevent full compliance with the
standard temporary structure size.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that allowing a 672 square-foot temporary structure on this site will not be
detrimental to the public health, safety, and/or welfare.
Below are some of the provisions for a temporary use, as stated in UDC 11-3E that the
applicant should be required to comply with as part of the issuance of a CZC for a
temporary sales trailer:
Except as otherwise defined in this Section, a temporary use is allowed for a specific period
not exceeding twelve (12) months from issuance of Certificate of Zoning Compliance (UDC
11-3E-4A1. )
.
.
Structures and/or the display of merchandise shall comply with the setback requirements of
the district within which it is located (ODC 11-3E-4B 1)
A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred
(500) square feet (UDC 11-3E-4C1) -Depending on the outcome ofVAR-O5-025.
.
.
The use shall not result in the construction of any permanent structures that would not
otherwise be permitted subject to the regulations of this Title (UDC 11-3E-4C2)
Any temporary structures shall be portable and completely removed at the end of the allowed
time period (UDC 11-3E-4C3)
The applicant shall obtain any necessary building permits (UDC 11-3E-4C4)
Adequate off~street parking shall be provided to serve the use (UDC 11-3E-4E1)
All surfaces used for parking shall be constructed with paving, vegetative cover, or of a
dustless material (UDC 11-3E~4E4)
.
.
.
.
.
All signs erected in association with the use shall be in compliance with the regulations for
Redfeather Estates Trailer Variance V AR-05-0025
Page 4
"
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
signs, Chapter 3 Article D SIGN REQUIREMENTS of the Meridian City Municipal Code
(UDC ll-3E-4F)
.
The site shall be returned to a clean condition after the termination of the use, including free
of debris and garbage (UDC 11-3E-4H1)
The sales office shall be located on a lot within a subdivision or planned unit development
(UDC ll-3E-6A)
.
.
The principal use of the sales office shall be the sale of lots and/or dwellings within the
development (UDC 11-3E-6B)
The sales office shall meet the construction standards for commercial occupancy and obtain
all necessary permits as required by the Building Code in accord with Title 10 of the
Meridian City Municipal Code (UDC ll-3E-6C)
.
When required, the applicant or owner shall obtain a building permit to convert the sales
office to a dwelling or shall remove the sales office within 30 days ofthe sale or rent of the
final lot or space (UDC 1l.3E-6D)
10. RECOMMENDATION
The applicant's request to grant the variance was summarized in Section 4.h of this report. Please see the
application for more details. Staff does not believe the applicant's justification meets the "findings test"
for granting a variance (see Section 9.1 above.)
.
Based on the UDC policies for temporary uses and the required findings for a variance, staff fmds there is
a lack of evidence and grounds to grant a variance to UDC 11-3E-4Cl. Therefore. staff recommends
denial of the subject Variance application. Staff further recommends that the Council direct staff to issue
a Certificate of Zoning Compliance (CZC) permit. which allows for the construction and ût;¡eration of a
temporary sales trailer on Lot 2. Block 13. Redfeather Estates Subdivision No.2. that requires full
compliance with all of the standards listed in Section 9.2 of the Staff Report for the hearin~ date of
January 10.2006.
Redfeather Estates Trailer Variance V AR-05-0025
Page 5