HomeMy WebLinkAboutStaff CommentsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
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STAFF REPORT Hearing Date: May 23, 2006 i ~ .:-- ' ~.{ " A~_'~
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TO: Mayor and City Council ~„~~ ~ ' ~'`~~~-'f'f ~;~ji;f- jl~iC~I~~
FROM: Kristy Vigil, Assistant City Planner - MA~ ~ ~ ~~~~
SUI3.lECT: TNT Tents Variance - _ -
-- - - - --- -'-City of Meridf an
File No. VAR-06-010 City Clerk Opli~e
Variance request to UDC 11-3E-4C1 to allow for temporary sales tents that
exceed the maximum square footage allowance, by TNT Fireworks
1. SUMMARY DESCRIPTION OF APPLI:CANT'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 Variance application, submitted
concurrently with temporary Certificate of Zoning Compliance (CZC) applications to operate temporary
fireworks stands at 1601 S. Main Street (1), 1600 Main Street (2), 1850 E. Fairview Avenue (3), and 4051.
E. Fairview Avenue (4), include proposals for three 1,500 square foot temporary sales tents and one 500
square foot temporary sales tent.
The City Council has final decision authority on the Variance application while the Planning Director has
final decision authority on the CZC application. Planning Staff can not approve the submitted CZC
applications far the temporary sales trailers as proposed, unless the Council approves the subject variance.
The applicant's justification for the requested variance is listed in Section 4.h of this Staff Report.
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-06-010) 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-06-010, as presented in the Staff Report for the hearing date of
May 23, 2006 and direct Legal Staff to prepare the appropriate findings document for denial.
Approval
1 move to approve File Number VAR-06-010, as presented in Staff Report for the hearing date
of May 23, 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 VAR-06-O10, 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):
1) 1601. S. Meridian Road; the southwest corner of Overland Road and Meridian Road.
Township 3N, Range 1 W, Section 24
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
2) 1600 Main Street; Rite-Aid parking lot
Township 3N, Range lE, Section 7
3) 1850 E. Fairview Avenue; Fred Meyer parking lot;
Township 3N, Range 1E, Section 5
4) 4051 E. Fairview Avenue; Wal-Mart parking lot;
Township 3N, Range lE, Section 9.
b. Owner(s):
1) WLDC, LLC
416 S. 8`" Street, Suite 200
Boise, Tdaho 83702
2) Thrifty Payless, Inc.
14$$0 NE 24`" Street
Redmond, WA 98052
3) Fred Meyer Stores, Inc.
PO Box 42121
Portland, OR 97242
4) Wal-Mart Stores, Inc.
1300 S.E. 8th Street
Bentonville, AR 72716-0850
Applicant:
TNT Fireworks
16 North 9`" Ave., Ste. 6
Bozeman, MT 59715
d. Representative: Robert Brown, TNT Fireworks
e. Present Zoning: 1) General Retail and Service Commercial District (C-G), Meridian
2) Community Business District (C-C), Meridian
3) General Retail and Service Commercial District (GG), Meridian
4) Community Business District (C-C), Meridian
f. Present Comprehensive Plan Designation(s):
1) Commercial - 2002 Comprehensive Future Land Use Map
2) Mixed Use-Community - 2002 Comprehensive Future Land Use Map
3) Commercial - 2002 Comprehensive Future Land Use Map
4) Commercial - 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request: The applicant is requesting a variance from Section 11-3E-
4C 1 of the Unified Development Code (UDC) that restricts temporary structures to a max,i,tnum of
five hundred (500) square feet. The Variance application, submitted concurrently with temporary
Certificate of Zoning Compliance (CZC) applications to operate temporary fireworks stands at 1601
S. Main Street, 1600 Main Street, 1850 E. Fairview Avenue, and 4051 E. Fairview Avenue, include
TNT Tents Variance VAR-06-010 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF MAY 23, 2006
proposals for three 1,500 square foot temporary sales tents and one 600 square foot temporary sales
tent
h. Applicant's Statement/Justification: TNT Fireworks has operated tents at three or four locations in
previous years with no problems or concerns from neighbors or citizens (please see the applicant's
submittal letter for more information.)
S. 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-
SA-1), apublic hearing is required before the City Council on this matter.
b. Newspaper notifications published on: May S`h, 2006 and May'S"', 2006
c. Radius notices mailed to properties within 300 feet on: May 4`h, 2006
d. Applicant posted notice on site by: May 5`h, 2006
6. LAND USE
a. Existing Land Use(s): 1) Convenience store with fuel facility, 2) Rite-Aid retail store, 3)
Fred Meyer retail store, and 4) Wal-Mart retail store.
b. Description of Character of Surrounding Area: Primarily, Commercial and residential uses in
Ada County and the City of Meridian.
c. History of Previous Actions: In September of 2005, the City Council approved an annexation
and zoning (AZ-04-031) application. for Meridian Gateway located at 1601 S. Meridian Road.
Wal-Mart, Fred Meyer, and Rite-Aid have been existing retail uses for a number of years.
d. 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: 7.24 (SWC Overland and Meridian Roads)(1)
2.72 (Rite-Aid)(2)
15.457 (Fred Meyer)(3)
8.722 (Wal-1VIart)(4)
7. Description of Use: Operation of four fireworks stands in commercial areas.
e. Subdivision Plat Information - N/A
f Landscaping -- N/A
g. Planned Development Characteristics - N/A
h. Amenities - N/A
i. Off-Street Parking -Per UDC 11-3&4.E, adequate ofd street parking for the use must be
provided.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
j. Proposed and Required Residential Standards - N/A
k. Proposed and Required Non-Residential Standards -See Section 9.2 below.
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The
applicant is proposing to use existing parking and curb cuts on the sites for the temporary
fireworks stands.
7. AGENCY COMMENTS MEETING - N/A
8. COMPREHENSIVE PLAN POLICIES AND GOALS Three of the subject sites are 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.
Furthermore, the site located at 1600 Main Street (Rite-Aid) is designated `Mixed Use-Community' on
the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as key
areas which are either infill in nature or situated in highly visible or transitioning areas of the city where
innovative and flexible design opportunities are encouraged. The Comprehensive Plan is silent on
variance requests in residential zones. However, temporary uses are allowed in C-G and C-C zones, as
accessory uses (UDC 1 1-2B-2 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 Cade 67-6516 and all the
findings listed in Section 1.1-SB-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 accessory uses in the C-C and C-G zones. However, UDC
11-3E-4C1 restricts the size of a temporary structure to a maximum of 500 square feet.
Staff finds that if the City Council grants the requested variance, for three 1,500 square-
foot structures and a 600 square-foot temporary structure, a special privilege will be
granted to the subject applicant.
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.
S. The variance relieves an undue hardship because of characteristics of the site;
Staff finds there are no physical characteristics of the sites which require the applicant to
operate within alarger-than-allowed temporary structure on the sites. 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
complial~ce 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 this
site will 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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
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
] 1-3E-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-4B1)
• 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 of VAR-06-010.
• 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 constricted with paving, vegetative cover, or of a
dustless material (UDC 11-3E-4E4 and UDC 11.-3E-SE)
• 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)
• The use shall be prohibited in residential districts (UDC 11-3E-SA)
• The applicant or owner shall obtain written approval of the Meridian City Fire Department
(11-3E-SB)
• Dates of fireworks sales shall comply with Idaho Code §39-2606 (UDC 11-3E-SC)
• Applicant shall comply with the standards for access as determined by the Transportation
Authority (UDC 11-3E-SD)
10. FIRE DEPARTMENT COMMENTS
The Meridian Fire Department is recommending that the Meridian City Council consider limiting
the size of tents for retail sale of Fireworks to 200 square feet and canopies to 400 square feet per
section 2403.2 of the 2003 International Fire Code. The recommendation is based on a size which
would discourage allowing customers to enter the tent and having direct access to the product
during the selection process. We are opposed to large tents for the sale of fireworks for the
following reasons:
1. The vendors have not been removing the product from the large tents after hours because
of the shear quantity of inventory. This has posed a .real security problem because tents have
no way of being secured from the theft.
2. Large quantities of fireworks in a tent pose a safety concern for the individuals
conducting the sales, individual members of the public and the surrounding property.
3. Large tents have been erected in fields before the weeds have been removed posing a
direct fire hazard.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
4. We have had problems with 1500 square foot tents being erected and collapsing in
storms.
5. Tents are not allowed in the City of Boise, temporary fireworks stands have to be less
than 750 square feet.
11. RECOMMENDATION
Based on the UDC policies for temporary uses and the required findings for a variance, staff finds there is
a lack of evidence and grounds to grant a variance to UDC 11-3E-4C1. Staff does not believe the
applicant's justification meets the "findings test" for granting a variance (see Section 9.l above.)
Therefore, staff recommends that the Council deny the subject Variance application. Staff further
recommends that the Council direct staff to issue a Certificate of Zonin Com liance CZC ermit
which allows for the construction and operation of four (~ temporary fireworks stands located at 1601 S.
Meridian Road, 1600 Main Street, 1$50 E. Fairview Avenue, and 4051 E. Fairview Avenue, that requires
full compliance with all of the standards listed in Section 9.2 of the Staff Report for the_1leari_n~_date_of
May 23, 2006.
TN'T Tents Variance VAR-06-010 Page 6
Sharon Smith
From: Kristy Vigil
Sent: Thursday, May 1$, 2006 3:01 PM
To: Sharon Smith; Machelle Hill
Cc: Joe Silva; Bill Nary
Subject: TNT Tents staff report VAR-06-010
Attachments: TNT Tents VAR.doc
TNT Tents
~R.doc (135 K
Sharon &Machelle,
I have contacted the applicant to see how he wants me to send him the staff report. Also, please let me know if I missed
anybody.
Thanks,
Kristy