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CITY OF G'Y1�1Gi-�I TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN tiF To insure that your comments and recommendations will be considered by S14 ! 1903 the Meridian City Council please submit your MAYOR I Tammy de Weerd comments and recommendations to Meridian City Hall CITY COUNCIL MEMBERS Attn: Will Berg, City Clerk, by: July 3, 2007 Keith Bird Transmittal Date: June 15, 2007 File No.: VAR 07-013 Joseph W. Borton Hearing Date: July 10, 2007 Charles M. Rountree Request: Request for a Variance to UDC 11-3E-4C1 to exceed 500 s f maximum David Zaremba structure size for a temp use to allow a 3800 s f tent for a parking lot sale by CITY DEPARTMENTS Joe's Sports, Outdoors & More City Attorney/HR 703 Main street By: Joe's Sports, Outdoors & More 898-550(City Attorney) 898-5503 (HR) Location of Property or Project: 3415 N. Eagle Road Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6854 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 Water 2235 N.W. 8th Street 888-5242/fax 884-1159 Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP) Qwest (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PPonly) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. Sourth of RR / SW Meridian: NW Pipeline CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 (208) 888 MAYOR'S OFFICE -FAX 884-811919 Printed on recycled paper i-' TRANSMITTALS TO AGENCIES FOR COMMENTS ON 113.\Iio DEVELOPMENT PROJECTS WITH T"g r4Ty OF, MERIDIAN 1, �If s o insure that your comments and recommenda` ions`wib ie considered 6y the Meridian City Council please submit your MAYOR I comments and recommendations to Meridian City Hall L-miv de �'Veerd CITY COUNCIL MEMBERS Leith Baru Borton M. Rountree C?.,,. ;:� ZZremba CI-fy DEPARTMENTS Cit}' Attorne}�/HR 703 Main Street a` ,50;; icily Attorney) b98-55(i:3 i HR) Iiw �41' F. Franklin Road 888-1;'_ 4 ; i a x 895-0390 Perks & Recreation 61. BOvv er Street tS-3;7y % fax 898 5501 Planrin, 660 E. 1Vatc 1-tower Lane Suite _202 fa\ <58b-) 54 Pnhce i401 E. "6�'aterto��'er Lane gs -t;6 rat b4(; 73(,6 Public b%'orks ON) F. t4'atertower Lane 898-5500 /fax 898-9557 �Itcrtower Lane Suite 15(? -? 1 1 fax 88, 1297 W Isteu'ater 34111 Tel? Mile Road fa 1, 884-0744 8th Sheet ti 24_ fa>.884-1159 Attn: Will Berg, City Clerk, by: July 3, 2007 Transmittal Date: June 15, 2007 File No.: VAR 07-013 Hearing Date: July 10, 2007 Request: Request for a Variance to UDC I I-3E-4C1 to exceed 500 s f maximum structure size for a temp use to allow a 3800 s.f. tent fora Parkina lot sale b Joe's Sports, Outdoors & More By: Joe's Sports, Outdoors $ More Location of Property or Project: 3415 N. Eagle Road Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary ServiCes(No VAR, vac, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: - Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PPonly) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. Sourth of RR / SW Meridian: NW Pipeline ECEIVED City Clerk Office CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 / 1 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE`2FOA�XJ88 8819 433 Printed on recycled paper of Meridian Lion Notes Date: c, - t, -o Project/Subdivision Name: J--oe._s Spo r-ts , Applicant/Contact: -�Tlm -na Loy {-K bbS r-e City Staff Ay�,)a ° .,A J Pr, 11 Location: _3y 15 ,J i.t ,ed► Existing Zoning C U Proposed Zoning: — Contiguous and Within AOI (AZ only): Property Size: 32- �-e-s Number of Units and/or Lots: —� Surrounding Uses: Dwelling Type if residential): Comprehensive Plan Designation(s): Street Buffers and/or Land Use Buffers: Open Space/Amenities/Pathways: Street System/Stub Streets/Access: Sewer and Water Service: Topography/Hydrology/Floodplain Issues: Canals/Ditches/lrrigation and/or Hazards: History: Additional Meeting Notes: YO "x 80) -1-cnfi f� -II's' ' ct- 3, Zoo s.-F. ,- a �0.✓ S 1.1 weer- Jtu1y. (uDL Iv Z�-Z�1 -+ear ds.4m ) Other Agencies/Departments to Contact (circle): Ada County Highway District Nampa and Meridian Irrigation Idaho Transportation Department Seft on Sanitary Services Corporation Firepartmel__n Central District Health Si "' Police Department ag-►2s4 Applications Required (circle all that apply): Accessory Use Design Review Alternative Compliance, Final Plat Modification Annexation Misc. (D.A, Modification) Certificate of Zoning Compliance Planned Unit Development Comp Plan Map Amendment Preliminary plat Comp Plan Text Amendment Private Street Conditional Use Permit Rezone Parks Department Public Works Department Building Department Other: Short Plat Time Extension UDC Text Amendment Vacation ariance Other: Additional Pre -Application Conference (circle one): Required Anticipated Submission Date s / rr; o y -h, (o ff � y)Anticipated Hearing Date: -7- / o --o-7 NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-5C, prior to submittal of an application requiring a public hearing. 2) Except for UDC Text Amendments, Comprehensive Plan Text Amendments and Vacation applications, all other applications requiring a public hearing shay be posted in accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based our an Comprehensive Pon current City Code lan. Any subsequent changes to City Code and/or the Comprehensive PIan may affect Y submittal and/or application. This pre -application meeting shall be valid for 6 months. d Jun.28. 2007 9.44AM No.8160_ P. 1 l: t? Planning Department COMMISSION &COUNCIL REVIEW APPLICATION `. {. Type of Review Requested (check all that apply) 1] Alternative Compliance © Annexation and Zoning ❑ Comprehensive Plan Map Amendment El Comprehensive Plan Text Amendment ❑ Conditional Use Permit O Conditional Use Permit Modification ❑ Design Review ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development 0 Preliminary Plat D Private Street ❑ Rezone 1J Time Extension (Commission or Council) El UDC Text Amendment © Vacation (Council) .Variance ❑ Other Information Applicant Applicant , Applicant'b micrest in property: STAFF USE ONLY: File number(s): n 23 Project name: . ] e ,:, \:�)�)11471 �``—'". Date filed: Date complete: Assigned Planner: Related files: Hearing date; --L.— _L ❑ Commission dCouneil ❑ Own D Rent O Optioned © Other Owner name: Owner address: A 40 S Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: ❑ Applicant © Owner 0 Agent ❑ Other Contact name``; E-mail: c) ; rA _ I n ^ a jn- ^ — t r _ t _ Subject Property Information Location/street address: Assessor's parcel number(s). I LT S Township, range, section; •�'Q A Current land use: z-, Phone: Zip: �3 Phone: Zip: J3 (o - Phone: Zip: _ Phone: r'4, -VL_ Fax: t t 2-S 3, 0 I ��tf n,� r ?' 1� Total acreaR r Current zoning district: 660 E. Watertower Lane; Suite: 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: "'WW.meridiancit)'.org 1 Jun, 28, 2007 9:44AM Project Description Project/subdivision name: General description of proposed project/request: Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): 0 Residential ❑ Commercial 0 Office ❑ Industrial © other Amenities provided with this development (if applicable Who will own &maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source; Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point ofconnection is city watcr): No, 8 16 0 P, 2 ]Residential a Number of residential units: Number of common and/or other lots: Number of building Iots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom- 2 or more Bedrooms:Minimum square footage of structme(s) (excl. garage): Minimum property size (s, flProposed building height: ; ---._, Average property size (s.f.)- Gross density (DU/acre-total land): Net density (DU/acre-cxcluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i,e., landscaping, public, con=on, etc): Type of dwelling(s) proposed: 0 Single-family 13 Townhomes ❑ Duplexes ❑ Multi,farrti] Y Non-residential Proiect fi,,.. m...., .. _ Number of building lots: j Other lots: Gross floor area proposed: ]existing (if applicable): Hours of operation (days and hours): - 5 Percentage of site/project devoted to the following: sun Building height: Landscaping: Building: Total number of employees: Paving: Number and ages of students/children (if applicable). number of employees at any one time: Total number of Parking spaces provided: Seating capacity: -- Number of compact spaces provided: Authorization Print applicant name: Applicant sienature: 660 E Watertowcr ��Suite 20? Date- Phone: (?OS) 884•SSzZ Facsimi►c(20$ 888-6554 e:idian Idaho S3G42 Wcbsite: "rti111•,meridi2ncity,org (Rer..9121vo) ✓YLc't1��1��11' Planning Department ` COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) Alternative Compliance 0 Annexation and Zoning 0 Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Design Review ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat 0 Private Street O Rezone 0 Time Extension (Commission or Council) ❑ UDC Text Amendment 0 Vacation (Council) Variance ❑ Other ____ Applicant Information STAFF USE ONLY: File number(s): Project name: DOES S j 0 2 i 5 Date filed: (2 _l,I- t, Date complete: JLI y - o -1 Assigned Planner: _�i,)JA W .l}TT-Jt�::r_5 Related files: Hearing date: I - I c) - 0- p Commission'M Council Applicant name: __ -..J Oe `5 S Fay.+S (a i C CCj Q Y1(l (Y1C, fZ Phone: Applicant address: J S ) ERG /r` , , Zip: m��- k 3 L �, Applicant's interest in property: ❑Own ❑ Rent D Optioned ❑ Other Owner name: V /. 14 - Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: Applicant ❑ Owner 0 Agent ❑ Other Contact name: l vy) kc, nQ E-mail: Subject Property Information Location/street address: Assessor's parcel number(s): -PE e / c Township, range, section:. Nt 2r?r i-ZAnc otal acreage Current land use• Phone: �l Zip: % Z Phone: Zip: _ Phone: - Fax: U&Meo P IM e r C t o � Current zoning district: T 660 E. Watertower Lane. Suite 202 - Meridian. Idaho 83642 Phone: (208) 88a_5533 - Facsimile: (208) 888-6854 - Website: wwn'•meridiancity.org ) 2 or more Bedrooms: Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: !] Single-family 17 Townhomes 0 Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: �s✓� �rr`` Other lots: Gross floor area proposed: ,�QO `. Existing (if applicable): Hours of operation (days and hours): - F q*,- iP -� Building height: Percentage of site/project devoted to the following: Sun Landscaping: Total number of employees: Project Description Project/subdivision name: General description of proposed projectirequest: Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): 11 Residential Commercial 0 Office D Industrial 0 Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point or connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): I Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: _ Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): N I& Seating capacity: - /UT Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: _, )I M n A C Applicant signature: Phone: Building: 660 E. Watertower e, Suite 202 - Date: Z—(1 Meridian, Idaho 53642 884-5533 - Facsimile: (208) 888-6854 - Website: --w-meridiancity.org 2 (Rei: 9121106) Joe's Sports, Outdoors and More 3415 N. Eagle Road Meridian, Idaho 83646 208 429-3510 We are asking for a variance to 11-3E-4-C-1, tent size larger than 500 sq. ft., our tent will be approximately 3800 sq ft. The tent sale is an end of the summer event, we set up a tent and fill it with a lot of end if season summer goods and a lot of special purchase items just for the sale. Because of the size of the event we set up in a tent. Joe's has had the tent sales for over 25 years, this is one of our highest sales weeks of the year. Many of our customers are so use to us having our summer tent sale that they start checking in with us to find out the exact week of the event. The tent sale is a fun atmosphere for employees and customers alike and the merchandise in the tent is maintained at the same level as in the store. We used to have sidewalk sales in front of the store but due to the weather and chance for damage to the goods outside we use a quality tent to keep the merchandise protected. The tent is completely fenced in; we provide lighting inside and have security at night. All efforts are done to maintain traffic flow and maintain the area for the safety of employees and customers. The time period for the sale is the following: Set-up July 16-21, Sale July 22-29 and tear down July 30-August 3, 2007. James E. Long Store Manager Joe's Sports, Outdoors and More Jun, 28. 2007 9:45AM No, 8160 P, 4 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDc) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the applications) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. O*Ya�ignature f -4I - Date� MY COMMISSION EXPIRES Febn ary 2.2, 2013 BONDED THRU NOTARY PUBLIC UNDBRWRrrERB CITY OF MERIDIAN RE -NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Meridian City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, July 17, 2007, for the purpose of reviewing and considering the application VAR 07-013 of Joe's Sports, Outdoors and More for a Variance to UDC 11-3E-4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 7,056 square foot tent for a parking lot sale by Joe's Sports, Outdoors and More located at 3415 N. Eagle Road: A more particular description of the above property is on file in the Planning Department, 660 E. Watertower Lane Suite 202, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. You may contact the Planning Department at (208) 884-5533 during regular business hours. A copy of the application is available to review upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk's Office at 33 E. Idaho Avenue, Meridian, Idaho 83642, (208) 888-4433 or fax (208) 888-4218 no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at (208) 888-4433 at least 72 hours prior to the public meeting. The Ada County Highway District may also conduct public meetings regarding this application. If you have questions about the traffic that this development may generate or the impact of that traffic 'on streets in the area, please contact the Ada County Highway District at (208) 387-6170. 9toDATED 2of June, 2007 Ci LLIAM G. BERG, JR., CITY CL R E �� WI = PUBLISH 2"d and 9cn of July, 2007 = _ Hearing Date: July 17, 2007 (re -notice) File No.: VAR-07 ft4-- V/ 5 Project Name: Joe's Sports Request: Variance to UDC 11-3E-4C 1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 7,056 square foot tent for a parking lot sale, by Joe's Sports, Outdoors, and More. Location: 3415 N. Eagle Road, in Section 32, T.4N., R.IE. RECEIVED JUN 2 9 2007 City Of Meridian City Clerk Office C. 0 CD Ch U a O cl CENTRALISTRICT CENTR,, DISTRICT HEALTH DEP,�,ITMENT DALTN Environmental Health Division DEPARTMENT Rezone # Conditional Use # Preliminary / Final / Short Plat G 2—C -; -i'7c Return to: ❑ Boise ❑ Eagle FA Garden City �deridian ❑ Kuna ❑ACz ❑ Star �J--- We have No Objections to this Proposal. ❑2. We recommend Denial of this Proposal. JUL - z zooz City of Meridian ❑3. Specific knowledge as to the exact type of use must be provided before we can comment on this P op sal.rk office ❑4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ bedrock from original grade ❑ other ❑6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑T This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑10. Run-off is not to create a mosquito breeding problem. ❑11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑child care center ❑ beverage establishment ❑ grocery store ❑14. Please see attached stormwater management recommendations ❑ 15. Reviewed By: Date: 15726-001 F11nonn Review Sheet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 20 June 2007 City of Meridian City Clerk's Office William G. Berg Jr. 33 East Idaho Avenue Meridian, ID 83642 RE: VAR 07-013/Joe's Sports, Outdoors & More Dear Will: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 .ECE1 V L JUN 2 5 2u6-? City of Meridian City Clerk Office Nampa & Meridian Irrigation District has no comment on the above -referenced application. All laterals and waste ways must be protected. All municipal surface drainage must be retained on -site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 .".." CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR—ING DATE OF JULY 17, 2007 STAFF REPORT HEARING DATE: July 17, 2007 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Joe's Sports, Outdoors, & More • VAR-07-013 r lry OF Variance from UDC 11-3E-4C1 to allow a 7,056 square foot temporary sales tent that exceeds the maximum square footage allowed for a temporary structure 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 500 square feet. The Applicant is requesting approval to erect a 7,056 square foot tent in the parking lot of Joe's Sports, for a temporary sales event. The time period that the applicant is proposing to use the tent is as follows: Set-up July 12-19, Sale July 20-29, and tear down July 30-August 3, 2007. The subject property is located at 3415 N. Eagle Road in Centre Point Marketplace. 2. SUMMARY RECOMMENDATION Staff does not find 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.) Staff is recommending denial of the subject Variance application (VAR-07-013) for the reasons listed in the Staff Report. 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Number VAR-07-013, as presented in the Staff Report for the hearing date of July 17, 2007 and direct Legal Staff to prepare the appropriate findings document for denial. Approval I move to approve File Number VAR-07-013, as presented during the hearing date of July 17, 2007 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 VAR-07-013, 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(s): 3415 N. Eagle Road; Generally located on the northwest corner of N. Eagle Road and E. Ustick Road in Centre Point Subdivision; Township 4 North, Range 1 East, Section 32 Joe's Sports VAR-07-013 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 b. Owner(s): W. H. Moore Company 1940 Bonito Way, Ste. 160 Meridian, ID 873642 c. Applicant: Joe's Sports, Outdoors, and More 3415 N. Eagle Road Meridian, ID 83646 d. Representative: Jim Long, Joe's Sports e. Present Zoning: C-G (General Retail & Service Commercial District) f Present Comprehensive Plan Designation(s): Commercial g. Description of Applicant's Request: Per the Applicant's narrative submitted with the application, "We are asking for a Variance to 11-3E4C1, tent size larger than 500 square feet; our tent will be approximately 7,056 square feet. The tent sale is an end of the summer event; we set up a tent and fill it with a lot of end of season summer goods and a lot of special purchase items just for the sale. Because of the size of the event we set up in a tent. Joe's has had the tent sale for over 25 years; this is one of our highest sales weeks of the year. Many of our customers are so used to us having our summer tent sale that they start checking in with us to find out the exact week of the year. The tent sale is a fun atmosphere for employees and customers alike and the merchandise in the tent is maintained at the same level as in the store. The tent is completely fence in; we provide lighting inside and have security at night. All efforts are done to maintain traffic flow and maintain the area for safety of employees and customers." 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: July 2, 2007 and July 9, 2007 c. Radius notices mailed to properties within 300 feet on: June 29, 2007 d. Applicant posted notice on site by: June 28, 2007 6. LAND USE a. Existing Land Use(s): Retail sales site for Joe's Sports, Outdoors, & More b. Description of Character of Surrounding Area: The surrounding area contains commercial uses in Centre Point Subdivision. c. Existing Constraints and Opportunities 1. Public Works: Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA Joe's Sports VAR_07.013 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 5. Hazards: None Identified 6. Size of Property: 5.6 acres 7. Description of Use: Erection of a 7,056 square foot tent for a temporary sales event d. Subdivision Plat Information: NA e. Landscaping: NA f. Planned Development Characteristics: NA g. Amenities: NA h. Off -Street Parking: Per UDC 11-3E-4E, adequate off-street parking for the use must be maintained. i. Proposed and Required Residential Standards: NA j. Proposed and Required Non -Residential Standards: See Section 9.2 below k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from E. Ustick Road via N. Centrepoint Way. No new access points are proposed or approved with this application. 7. AGENCY COMMENTS MEETING: An agency comments meeting was not held on this request. Please see Fire Department comments below in section 10. 8. COMPREHENSIVE PLAN POLICIES AND GOALS/UNIFIED DEVELOPMENT CODE: There are not many policies and goals in the Comprehensive Plan that are relevant to the subject application and associated use. This site is designated "Commercial" on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as areas providing a full range of commercial and retail to serve areas residential and visitors. The Comprehensive Plan is silent on variance requests. However, temporary uses are allowed in the C-G zone as an accessory use per UDC Table 11-2B-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: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Temporary uses are allowed as an accessory uses in the C-G zone. However, UDC 11-3E- 4C1 restricts the size of temporary structures to a maximum of 500 square feet; the Applicant is requesting approval of a 7,056 square foot tent. Staff is not overly concerned with the size of the tent as the use proposed will not house flammable materials, there are emergency exists, and there is sufficient parking on the site to accommodate the proposed use (see Exhibit B). However, Staff finds that if the City Council grants the requested variance, a special privilege will be granted to the subject applicant. Staff has concerns about approving a variance request for structure size for temporary uses such as this. Staff anticipates 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 Joe's Sports VAR-07-013 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 the following: 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. 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 the site. Staff fmds that there are no major canals or ditches running through these parcels, 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 temporary structure over the allowed 500 square feet on these sites should not be detrimental to the public health, safety, and/or welfare. 9.2 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 temporary, seasonal event: • 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 (UDC 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) — unless otherwise allowed by the Council via VAR-07- 13). • The use shall not result in the construction of any permanent structures that would not otherwise be permitted subj ect 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 signs, Chapter 3 Article D SIGN REQUIREMENTS of the Meridian City Municipal Code (UDC 11-3E-4F). • The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage (UDC 11-3E4H1). 10. FIRE DEPARTMENT COMMENTS The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed variance request: a. Plans will have to be submitted & approved by the Meridian Fire Department for the erection of the 7,056 square foot tent. Joe's Sports VAR_07_013 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 b. All aspects of the tent will have to comply with Chapter 24 of the International Fire Code. c. All electrical aspects of the tent will have to comply with National Electrical Code. 11. RECOMMENDATION Based on the UDC policies for temporary uses and the analysis of findings shown in section 9.1 above, Staff finds there is a lack of support and grounds to grant a variance to UDC 11-3E-4C1. Staff recommends that the Council deny the subject Variance application. 12. EXHIBITS A. Vicinity/Zoning Map B. Site Plan Joe's Sports VAR-07-013 Page 5 ../ �, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 A. Vicinity/Zoning Map EA E RUT R-S R-15 B. Site Plan R1 A-1 Exhibit A Page 1 CITY OF MERIDIAN PLANNIN'Z7DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 B. Site Plan a . o M+ 1WAN N1' SALE` RAFFIC 1:4W TENT LOCATION IF 101 ,. `r► i i NO 'f t PARKING AR Iftk ilk BULK SALES AREA �� l' ■ OUTSIDE ENCLOSED: Y FENCE Exhibit B Page 1 Project: Joe's Sports Outdoors and More RECEIVED Location: NW corner of Ustick and Eagle JUL 17 2007 City of Meridians Application: variance City Clerk Office Highlights of Proposed Development: 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 500 square feet. The Applicant is requesting approval to erect a 7,056 square foot tent in the parking lot of Joe's Sports, for a temporary sales event. The time period that the applicant is proposing to use the tent is as follows: Set-up July 12-19, Sale July 20-29, and tear down July 30-August 3, 2007. The subject property is located at 3415 N. Eagle Road in Centre Point Marketplace. Elevations: Yes (illustrative photo) Written Testimony since Staff Report: none Outstanding Issue(s) for City Council: Staff could not recommend findings for approval A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Temporary uses are allowed as an accessory uses in the C-G zone. However, UDC restricts the size of temporary structures to a maximum of 700 (as of last Tuesday) square feet; the Applicant is requesting approval of a 7,056 square foot tent. Staff is not overly concerned with the size of the tent as the use proposed will not house flammable materials, there are emergency exists, and there is sufficient parking on the site to accommodate the proposed use (see Exhibit B). However, Staff finds that if the City Council grants the requested variance, a special privilege will be granted to the subject applicant, and that other temporary uses will ask for similar variances. 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 the site. Staff finds that there are no physical characteristics of the site 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 temporary structure over the allowed 500 square feet on these sites should not be detrimental to the public health, safety, and/or welfare. If Council is inclined to approve this variance request, Staff asks that you provide direction on the following: 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. Notes: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 1\h IDAHO � f In the Matter of a Variance Request from UDC 11-3E-4C1 to Allow a 7,056 Square Foot Temporary Sales Tent that Exceeds the Maximum Square Footage Allowed for a Temporary Structure, by Joe's Sports, Outdoors, & More. Case No(s). VAR-07-013 For the City Council Hearing Date of: July 17, 2007 (Findings on the August 14, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 17, 2007, 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 City Council 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the 11-SA. City Council pursuant to Meridian City Code § CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS CASE NO(S). VAR_07-013 OF LAW AND DECISION &ORDER 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 Mayor 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. 7. That this approval is subject to the Site Plan and temporary use provisions in Section 9.2 in the attached Staff Report for the hearing date of July 17, 2007, incorporated by reference. The temporary use provisions 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 City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Variance request as evidenced by having submitted the Site Plan in the attached Staff Report for the hearing date of July 17, 2007, is hereby conditionally approved; and, 2. The temporary use provisions listed in Section 9.2 of the attached staff report for the hearing date of July 17, 2007, incorporated by reference, shall be considered conditions of approval. D. Attached: Staff Report for the hearing date of July 17, 2007. CITY OF MERIDIAN FINDINGS N CASEO(S). VAR_07_013 OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER By action of the City Council at its regular meeting held on the day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: .'m Copy served upon: VOTED_ VOTED VOTED_*~-- VOTED_,05�0, VOTED MAYOR ,T, de WEERD JR., C CQE '�TYY , �r����: Applicant''.,, T ✓' Planning Dep�artiiiU$'t'��WO ✓ Public Works Department City Attorney By. Dated: 6- IU -07 Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-013 CITY OF MERIDIAN PLANNING-rsEPARTMENT STAFF REPORT FOR THE HEARPVC DATE OF XLY 17, 2007 STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: July 17, 2007 Mayor and City Council Sonya Watters, Associate City Planner (208)884-5533 Joe's Sports, Outdoors, & More • VAR-07-013 Variance from UDC 11-3E-4C1 to allow a 7,056 square foot temporary sales tent that exceeds the maximum square footage allowed for a temporary structure 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 500 square feet. The Applicant is requesting approval to erect a 7,056 square foot tent in the parking lot of Joe's Sports, for a temporary sales event. The time period that the applicant is proposing to use the tent is as follows: Set-up July 12-19, Sale July 20-29, and tear down July 30-August 3, 2007. The subject property is located at 3415 N. Eagle Road in Centre Point Marketplace. 2. SUAMIARY RECOMMENDATION Staff does not find 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.) Staff is recommending denial of the subject Variance application (VAR-07-013) for the reasons listed in the Staff Report. The Meridian City Council heard hi i m o lv 17 007 A t 16- —&-liC hearing they apnroved th subject VAR r ° �p t 46 ummary of itv o �n it P Ib is AgarinQ L 's ort (A nli ^nt) onath n S 1( enr ntat,v 1 ii.lag00o itioII• Non iii. ommendng• Nong iv. Mritten teRtimony Winston MnnrP V. Staffnre entin annlirat;on• Anna ram ninQ vi. staffntln� °n annlira ev Iscnn Dis ncsinn - - _t•on: Density Fire_ hiPf 1V;P...e.,e. _ of by nnnril• 1. Criteria fo nnroval of f4tIIr__ a re°�gcts for in reacQc in tPt.,,,�Ya,.. Rl2p Ornetly7P n. A gulment to C to allow 4taft's [LicrrPNon in adIIrov�no �nrroacPe ,., s sic ire size in main circumstan & Kev Council hanger to gtaff R Omme `anon �' onoced mnora rV Ctr�l/•tLrP ci�n ni "f' (15� cAltigr•a i a Joe's Sports VAR_07-013 Page 1 CITY OF MERIDIAN PLANNIN6—. PARTMENT STAFF REPORT FOR THE HEARb 4,6 DATE OF DULY 17, 2007 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Number VAR-07-013, as presented in the Staff Report for the hearing date of July 17, 2007 and direct Legal Staff to prepare the appropriate findings document for denial. Approval I move to approve File Number VAR-07-013, as presented during the hearing date of July 17, 2007 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 VAR-07-013, 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(s): 3415 N. Eagle Road; Generally located on the northwest comer of N. Eagle Road and E. Ustick Road in Centre Point Subdivision; Township 4 North, Range 1 East, Section 32 b. Owner(s): W. H. Moore Company 1940 Bonito Way, Ste. 160 Meridian, ID 873642 c. Applicant: Joe's Sports, Outdoors, and More 3415 N. Eagle Road Meridian, ID 83646 d. Representative: Jim Long, Joe's Sports e. Present Zoning: C-G (General Retail & Service Commercial District) f Present Comprehensive Plan Designation(s): Commercial g. Description of Applicant's Request: Per the Applicant's narrative submitted with the application, "We are asking for a Variance to 11-3E4C1, tent size larger than 500 square feet; our tent will be approximately 7,056 square feet. The tent sale is an end of the summer event; we set up a tent and fill it with a lot of end of season summer goods and a lot of special purchase items just for the sale. Because of the size of the event we set up in a tent. Joe's has had the tent sale for over 25 years; this is one of our highest sales weeks of the year. Many of our customers are so used to us having our summer tent sale that they start checking in with us to find out the exact week of the year. The tent sale is a fun atmosphere for employees and customers alike and the merchandise in the tent is maintained at the same level as in the store. The tent is completely fence in; we provide lighting inside and have security at night. All efforts are done to maintain traffic flow and maintain the area for safety of employees and customers." 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. Joe's Sports VAR-07-013 Page 2 CITY OF MERIDIAN PLANNING-AePARTMENT STAFF REPORT FOR THE HEARTrvo DATE OF J ULY 17, 2007 b. Newspaper notifications published on: July 2, 2007 and July 9, 2007 c. Radius notices mailed to properties within 300 feet on: June 29, 2007 d. Applicant posted notice on site by: June 28, 2007 6. LAND USE a. Existing Land Use(s): Retail sales site for Joe's Sports, Outdoors, & More b. Description of Character of Surrounding Area: The surrounding area contains commercial uses in Centre Point Subdivision. c. Existing Constraints and Opportunities 1. Public Works: Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards. None Identified 6. Size of Property: 5.6 acres 7. Description of Use: Erection of a 7,056 square foot tent for a temporary sales event d. Subdivision Plat Information, NA e. Landscaping: NA f Planned Development Characteristics: NA g. Amenities: NA h. Off -Street Parking: Per UDC 11-3E-4E, adequate off-street parking for the use must be maintained. i. Proposed and Required Residential Standards: NA j. Proposed and Required Non -Residential Standards: See Section 9.2 below k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from E. Ustick Road via N. Centrepoint Way. No new access points are proposed or approved with this application. 7. AGENCY COMMENTS MEETING: An agency comments meeting was not held on this request. Please see Fire Department comments below in section 10. 8. COMPREHENSIVE PLAN POLICIES AND GOALS/UNIFIED DEVELOPMENT CODE: There are not many policies and goals in the Comprehensive Plan that are relevant to the subject application and associated use. This site is designated "Commercial" on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as areas providing a full range of commercial and retail to serve areas residential and visitors. The Comprehensive Plan is silent on variance requests. However, temporary uses are allowed in the C-G zone as an accessory use per UDC Table 11-2B-2. (Please see Section 9 below for detailed analysis.) 9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS: Staff finds that the JOe's Sports VAR-07-013 Page 3 CITY OF MERIDIAN PLANNINOWfPARTMENT STAFF REPORT FOR THE HEARNd DATE OF DULY 17, 2007 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: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Temporary uses are allowed as an accessory uses in the C-G zone. However, UDC 11-3E- 4C1 restricts the size of temporary structures to a maximum of 500 square feet; the Applicant is requesting approval of a 7,056 square foot tent. Staff is not overly concerned with the size of the tent as the use proposed will not house flammable materials, there are emergency exits, and there is sufficient parking on the site to accommodate the proposed use (see Exhibit B). Staff has concerns about approving a variance request for structure size for temporary uses such as this. Staff anticipates 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 the following: 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. The City Council finds that a ving the Lqguested variance should not ant a ri ht or special privilgge that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; The City Council finds there is an undue hardship because of characteristics of the site which require the applicant to operate within a larger -than -allowed temporary structure on the site. C. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds that allowing a temporary structure over the allowed 500 square feet on this site should not be detrimental to the public health, safety, and/or welfare. 9.2 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 temporary, seasonal event: • Except as otherwise defined in this Section, a temporary not exceeding twelve (12) months from issuance of Certificate ficate of Zoning fiance r a spec c ifieriod 11-3E-4A1). g P (UDC • Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located (UDC 11-3E-4131). • A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet (UDC 11-3E-4C1) — unless otherwise allowed by the Council via VAR-07- 13). • 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 11-3E4C4). • Adequate off-street parking shall be provided to serve the use (UDC 11-3E-4E1). Joe's Sports VAR-07-013 Page 4 CITY OF MERIDIAN PLANNIN(To.PARTMENT STAFF REPORT FOR THE HEAR11TG DATE OF JULY 17, 2007 • 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 signs, Chapter 3 Article D SIGN REQUIREMENTS of the Meridian City Municipal Code (UDC 11-3E-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). 10. FIRE DEPARTMENT COMMENTS The following will be the requirements and/or concerns to provide minimum levels of fire Protection for the proposed variance request: a. Plans will have to be submitted & approved by the Meridian Fire Department for the erection of the 7,056 square foot tent. b. All aspects of the tent will have to comply with Chapter 24 of the International Fire Code. c. All electrical aspects of the tent will have to comply with National Electrical Code. 11. RECOMMENDATION Based on the UDC policies for temporary uses and the analysis of findings shown in section 9.1 above, Staff fmds there is a lack of support and grounds to grant a variance to UDC 11-3E-4C1. Staff recommends that the Council deny the subject Variance application. The Mer;d;an City v ] 7 2007 At the n �hli h arin 12. EXHIBITS A. Vicinity/Zoning Map B. Site Plan JOe's Sports VAR-07-013 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINv DATE OF JULY 17, 2007 S. Site Plan o LA— MAN aAWIc Faw pw Z- a& d*,y Exhibit B Page 1 EXHIBIT A CentrePoint Marketplace (excluding Kohl's parcel) May 5, 2006 A parcel of land located in the Southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Parcels "A" and "C" as shown on Record of Survey No. 7372 recorded as Instrument No. 106070944, records of Ada County, Idaho, together with a portion (after excepting the South 38' as Ustick Road right-of-way) of the property shown on Record of Survey No. 4612 recorded as Instrument No. 99042527, records --__- _- of_ Ada _Count__y_,_J_dah_o,�chi_ch__ca necLparcel is more�articularl described as follows Commencing at the Southeast corner of said Section 32; thence North 890 44' 39" West 1,328.23 feet along the South line of said Section 32 to a point; thence North 000 29' 45" East 38.00 feet to a point on the North boundary of the East Ustick Road right- of-way, said point being the Real Point of Beginning; thence North 00' 29' 45" East 1,447.43 feet along the West line of the East half of the Southeast quarter of said Section 32 to a point; thence North 28' 00' 30" West 238.36 feet to a point; thence North 250 08' 01" West 25.02 feet to a point; thence North 440 52' 43" West 99.30 feet to a point; thence North 31 ° 39' 43" West 201.40 feet to a point; thence North 470 39' 43" West 44.31 feet to a point; thence South 89' 46' 53" East 1,348.50 feet to a point; thence South 00' 30' 07" West 225.00 feet to a point; thence South 890 46' 15" East 290.50 feet to a point on the West boundary of the North Eagle Road right-of-way; thence South 00' 30' 19" West 1,019.20 feet along the West boundary of the North Eagle Road right-of- way to a point; thence South 01 ° 50' 49" West 671.64 feet along the West boundary of the North Eagle Road right-of- way to a point; thence South 460 02' 29" West 43.16 feet to a point; thence North 890 44' 39" West 186.37 feet along the North boundary of the East Ustick Road right-of- way to a point; thence North 00' 00' 52" East 359.26 feet to a point; thence South 89' 59' 56" West 181.53 feet to a point; thence North 460 31' 46" West 104.54 feet to a point; thence North 000 00' 04" West 28.58 feet to a point; thence North 890 59' 53" West 205.85 feet to a point; thence South 000 00' 04" East 65.17 feet to a point; thence South 890 59' 56" West 289.65 feet to a point; thence North 00' 00' 08" East 137.66 feet to a point; thence North 890 59' 26" West 105.26 feet to a point; thence South 000 15' 21" West 512.46 feet to a point; thence North 420 46' 09" West 10.99 feet to a point; thence North 890 44' 39" West 39.00 feet to a point; thence South 430 16' 51" West 41.04 feet to a point; thence North 890 44' 39" West 135.44 feet along the North boundary of the East Ustick Road right-of- way to the Real Point of Beginning. When recorded return to: W.H. Moore Company 1940 S Bonito Way Ste 160 ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT 6.00 Meridian ID 83642 BOISE IDAHO 09/28/06 11:12 AM 2 DEPUTY Bonnie llig II1 It�I'IIIIIIIIIIIII��IIIIIIII� I��I� RECORDED-REQUESTUEST OF I 1 W H Moore 106154699 GRANT DEED For value received, Winston H. Moore and Diane L. Moore, husband and wife, the grantor, does hereby grant, bargain, sell and convey unto Blue Marlin Investments, LLC, an Idaho limited liability company, the gran ee, w ose current a3dress IsFO-Box 8024, Boise; Idaho 8=1-fie foII6wingTeal property located -in - Ada County, Idaho: See Exhibit A, attached; To have and to hold said premises, with their appurtenances, unto the grantee, its successors and assigns forever, subject to all assessments, claims, encumbrances, easements, restrictions and rights -of - way apparent or of record. Dated: i Winston R ' obre State of Idaho ) )Ss. County of Ada ) Diane t-'l�/loore Winston H. Moore, -her atid�ne�`n- act On this ask da of Y 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be the same person described in and who executed the within instrument, and he duly acknowledged to me that he executed the same as principal, and additionally that he separately executed the name of Diane L. Moore as principal and his own name as her attorney in fact. NX eo�woAaloll llaaa/o,�� . ego `�°°°° °°��, �, SrIS•Y�-� Notary Public for Idaho ° LIOTAI�y a Residing atj Q. Comm Expires_ Ol-I'3-9Qt2. PUBLIC �TEOF 00A '0/111111111O�� AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, -- �--� � of S o mac. ►7 • �a a K c' Y,1 C`KrCYfGiK (city) — being first duly sworn upon, oath, depose and say: ley© (state) o 2C - G That I am the record owner of the property described on the attached, and I grant my permission to: ,S (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _7 day of J , �— �� 20 ( atu SUBSCRIBED AND SWORN to before me the day and year first above written. L. Gla��11111111111//// Zi . NOTARY * (Notary Public for Idaho) PUBLIC Residing at: l/'f G'L�l�r✓ Ali � OFIDP ����``�NN MY Commission Expires: L - 111111111 VICINITY MAP - CENTREPOiNTE SUBDIVISION CITY OF 044eridia-n 33 E. Idaho Ave. y Meridian, ID 83642 e NrER Mr TREASURE V rU,�`i SINCE 1903 Date 14 — _ d 7 Applicant u /--I l-h-'c �r . -1 , k /-- :/ C -T V1 / l /1 n LIF Address �. Phone •UAN. CASH LCHECK ME ON CHE K DIFFERENT THAN APPLICANT DESCRIPTION AMOUNT i Uv L U f I i I I I I I I I I I 1 I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX I 10986 By TOTAL TOTAL 55748 RADIUS NOTICE REPORT FILE NAME: Gijoes 14-Jun-2007 Owners Property Address: Property Address: Property Address: Property Address: Property Address: Property Address: Property Address: Property Address: Property Address: Owner Address gijoes gijoes gijoes gijoes gijoes gijoes gijoes gijoes gijoes 1 Owners Owner Address Property Address: gijoes Property Address: Property Address: Property Address: Property Address: gijoes gijoes gijoes gijoes Property Address: gijoes Property Address: gijoes Property Address: gijoes Property Address: Property Address: gijoes gijoes 2 Owners Owner Address Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes 3 Owners Owner Address BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORCO FAMILY LP 2250 N MERIDIAN RD MERIDIAN, ID 83642-0000 Property Address: gijoes BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN, ID 83646-0000 Property Address: gijoes BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN, ID 83646-0000 Property Address: gijoes BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN, ID 83646-0000 Property Address: gijoes BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN, ID 83646-0000 Property Address: gijoes BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN, ID 83646-0000 Property Address: gijoes CHAMPION PARK NEIGHBORHOOD ASSOC I PO BOX 44739 BOISE, ID 83711-0000 Property Address: gijoes KOHL'S DEPARTMENT STORES INC N56 W17000 RIDGEWOOD DR MENOMONEE FALLS, WI 53051-0000 Property Address: gijoes 4 CITY OF MERIDIAN NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Meridian City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, July 10, 2007, for the purpose of reviewing and considering the application VAR 07-013 of Joe's Sports, Outdoors and More in a request for a Variance to UDC 11-3E-4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 3,800 square foot tent for a parking lot sale by Joe's Sports, Outdoors and More by at 3415 N. Eagle Road: A more particular description of the above property is on file in the Planning Department, 660 E. Watertower Lane Suite 202, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. You may contact the Planning Department at (208) 884-5533 during regular business hours. A copy of the application is available to review upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk's Office at 33 E. Idaho Avenue, Meridian, Idaho 83642, (208) 888-4433 or fax (208) 888-4218 no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at (208) 888-4433 at least 72 hours prior to the public meeting. The Ada County Highway District may also conduct public meetings regarding this application. If you have questions about the traffic that this development may generates or the impact of that traffic on streets in the area, please contact the Ada County Highw'.�P6i (208) 387-6170. C` DATED 15th of June, 2007 C�- WILLIAM G. BERG, JR., CITY CLERK PUBLISH 181h of June and 2" day of July, 2007 Ti .