HomeMy WebLinkAboutStaff CommentsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINO DATE OF JUNE 6, 2006
STAFF REPORT Hearing Date: June 6, 2006
TO: Mayor and City Council
FROM: Kristy Vigil, Assistant City Planner
SUBJECT: Fat City Fireworks Variance
File No. VAR -06-011
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Variance request to UDC 11 -3E -4C1 to allow for temporary sales tents that
exceed the maximum square footage allowance, by Fat City Fireworks
1, SUMMARY 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 maximum of 500 square feet. The Variance application submitted
is to operate temporary fireworks stands at 3301 W. Cherry Lane (1), 20 E. Fairview Avenue (2), 1375 E.
Fairview Avenue (3), and the northwest corner of Ten Mile and Franklin Roads (4), and to operate
seasonal Christmas tree lots, produce stands, and fireworks stands at 535 N. Eagle Road (aka 3001 E.
Commercial Ct.) (5) and 97 S. Main Street (6). The request includes proposals for six 750 square foot
temporary sales tents at the location mentioned above.
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
Mom en ' nial of h e li ati V -06-0 o t e on list in th
Staff Reuort.
3. PROPOSED MOTION (to be considered after the public hearing)
Denial
I move to deny File Number VAR -06-011, as presented in the Staff Report for the hearing date of
June 6, 2006 and direct Legal Staff to prepare the appropriate findings document for denial.
Approval
I move to approve File Number VAR -06-011, as presented in Staff Report for the hearing date of
June 6, 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 -06-011, 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) 3301 W. Cherry Lane; the southwest corner of Ten Mile Road and Cherry Lane in the
Albertson's parking lot.
Township 3N, Range IW, Section 10
2) 20 E. Fairview Avenue; the northeast corner of Fairview Avenue and Meridian Road
in the Albertson's parking lot.
Township 3N, Range IE, Section 6
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE IMARING DATE OF JUNE 6, 2006
3) 1375 E. Fairview Avenue; west of Stonehenge Plaza..
Township 3N, Range IE, Section 7
4) The northwest corner of Ten Mile and Franklin Roads.
Township 3N, Range 1W, Section 10
5) 535 N. Eagle Road (aka 3001 E. Commercial Ct.); Elixir Industries parking lot.
Township 3N, Range IE, Section 8
6) 97 S. Main Street; the southwest corner of Main Street and Franklin Road.
Township 3N, Range IE, Section 18
b. Owner(s):
1) Albertson's
PO Box 20
Boise, ID 83726
2) Albertson's
PO Box 20
Boise, ID 83726
3) Manuas, LLC
822 S. 10`h Avenue.
Caldwell, ID 83605
4) Cherry Lane Christian Church
PO Box 671
Meridian, ID 83680-0671
5)Elixir Industires
17905 S. Broadway Street
Gardena, CA 90248-3509
6) Marshall K. Coryell, Trustee
4141 B St., Ste. 208
Anchorage, AK 99503
c. Applicant:
Fat City Fireworks
3565 W. Muirfield Drive
Meridian, ID 83642
d. Representative: Richard Handke, Fat City Fireworks
e. Present Zoning: 1) Neighborhood Business District (C N), Meridian
2) Community Business District (C -C), Meridian
3) General Retail and Service Commercial District (C -G), Meridian
4) Neighborhood Business District (C -N), Meridian
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THF BEARING DATE OF JUNE 6, 2006
5) Light Industrial District (I -L), Meridian
6) General Retail and Service Commercial District (C -G), Meridian
f. Present Comprehensive Plan Designation(s):
1) Commercial — 2002 Comprehensive Future Land Use Map
2) Commercial — 2002 Comprehensive Future Land Use Map
3) Commercial — 2002 Comprehensive Future Land Use Map
4) Mixed Use -Regional -- 2002 Comprehensive Future Land Use Map
5) Mixed Use -Regional — 2002 Comprehensive Future Land Use Map
6) 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 maximum of
five hundred (500) square feet. The Variance application submitted is to operate temporary fireworks
stands at 3301 W. Cherry Lane (1), 20 E. Fairview Avenue (2), 1375 E. Fairview Avenue (3), and
the northwest corner of Ten Mile and Franklin Roads (4), and to operate Christmas tree lots, produce
stands, and fireworks stands at 535 N. Eagle Road (aka 3001 E. Commercial Ct.) (5) and 97 S. Main
Street (6). The subject request proposes six 750 square foot temporary sales tents at the locations
mentioned above.
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 I I -
5A-1), a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: May 8th, 2006 and May 15th, 2006
c. Radius notices mailed to properties within 300 feet on: May 3`d, 2006
d. Applicant posted notice on site by: May 201, 2006
6. LAND USE
a. Existing Land Use(s): 1) Albertson's retail store, 2) Albertson's retail store, 3) vacant land,
4) vacant land, 5) Industrial park, and 6) vacant land
b. Description of Character of Surrounding Area: Primarily, Commercial and residential uses in
Ada County and the City of Meridian.
c. Existing Constraints and Opportunities
I. 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: 5.707 acres (3301 W. Cherry Lane)(1)
3.853 acres (20 E. Fairview Avenue) (2)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
2.345 acres (1375 E. Fairview Avenue) (3)
33.76 acres (Northwest corner Ten Mile and Franklin Roads) (4)
13.89 acres (535 N. eagle Road (aka 3001 E. Commercial Ct.) (5)
2.49 acres (97 S. Main Street) (6)
7. Description of Use: Operation of six fireworks stands, two produce stands, and two
Christmas tree lots in commercial and industrial areas.
d. Subdivision Plat Information — N/A
e. Landscaping — N/A
f. Planned Development Characteristics — N/A
g. Amenities — N/A
h. Off -Street Parking — Per UDC 11 -3E -4.E, adequate off-street parking for the use must be
provided.
i. Proposed and Required Residential Standards — N/A
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.): The
applicant is proposing to use existing parking and curb cuts on the sites for the temporary
fireworks stands, Christmas tree lots and fruit stands.
7. AGENCY COMMENTS MEETING — N/A
8. COMPREHENSIVE PLAN POLICIES AND GOALS There are not many policies and goals in
the Comprehensive Plan that are relevant to the subject application and associated uses. Four 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, two of the subject sites designated `Mixed Use -
Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is
defined as key areas which are either ill 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, C -C, C N,
and I -L zones, as accessory uses (UDC 11-2B-2 Table 11-2B-2 and UDC I 1-2C-2 Table 11-2C-1) (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 11-5134E 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, C -N, C -G, and I -L zones.
However, UDC 11-3E4C1 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 six
750 square -foot temporary structures, a special privilege will be granted to the subject
applicant.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
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.
B. 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 a larger -than -allowed temporary structure on the sites. Staff finds 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 stands:
• 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 -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 -06-011.
• 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 and UDC 11 -3E -5E)
• 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 -5A)
+ The applicant or owner shall obtain written approval of the Meridian City Fire Department
(I 1 -3E -5B)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
• Dates of fireworks sales shall comply with Idaho Code §39-2606 (UDC 11 -3E -5C)
• Applicant shall comply with the standards for access as determined by the Transportation
Authority (UDC 11 -3E -5D)
10. FIRE DEPARTMENT COMMENTS
The Meridian Fire D artment is recommending t e Meridian CAy Co cilnsi er limitin
the size of tents for, retail sale of Fireworks to 200 square feet and canopies to 400 square feet per
section2403.2_ofthe 2003 International Fire Code. The recommendation is based on a size which
would discourage allowing customers to enter the tern 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.
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 11-3E4C1. Staff recommends that the
Council deny the mubj= Variance application.
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