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Home My WebLink AboutTNT Tents VAR 06-010 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED JUN 0 2 2006 ~Meridian , rk Office oU'e~;di~n --,;\ 11J.\l-IO r ,.~~, /l ~,~;", ,. ...,(t~ ."1- \,,...j..J.:'t.-"" ..... . '^ ,l',!..:~~t"ll!~,_"" ~ I>;rm Request for a Variance from Section 11-3E-4Cl (temporary structure size) of the Unified Development Code, to allow for temporary sales tents that exceed the maximum square footage allowance, located at 1601 S. Main Street, 1600 Main Street, 1850 E. Fairview Avenue, and 4051 E. Fairview Avenue, by TNT Fireworks. Case No: V AR-06-010 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of 5/23/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 5/23/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 5/23/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 5/23/06 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. S67-6503). 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 City Council pursuant to Meridian City Code S 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-06-01 0 - PAGE 1 00 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 applies to 1601 S. Main Street, 1600 Main Street, 1850 E. Fairview Avenue, and 4051 E. Fairview Avenue. 8. That this variance approval allows for temporary sales tents to exceed the 500 square foot maximum permitted per UDC ll-3E-4Cl to a maximum square footage of750. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance application is hereby approved for temporary structures up to 750 square feet for the reasons cited in the Staff Report for the hearing date of 5/23/06; D. Attached: Staff Report for the hearing date of 5/23/06 with findings modified to reflect City Council's decision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). v AR-06-01O - PAGE 2 of3 By action of the City Council at its regular meeting held on the Jjt/)1..<- ' 2006. G/'!;: day of COUNCIL MEMBER KEITH BIRD VOTED~ VOTED ~ VOTED ~ VOTED /l6~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: MAY9&ai' \\\'\.-...:' 11,,/ \\ ...l V' ,\ .L", ';::"\O'~ ;: 1'1-- g ""{) 1'1 <, '/ /... ~% 8KLJ..j Copy served upon: C~R 7. #. 2 \. "'Y~~L~r 1~ ."' iJ j v: ""'''''-,-''' ~. - - --I 't)'t: ,\,...... - l' #111 ,~~r l' "" A App lcant Ilfl/ \,\\\ /' """111" v .Planning Department ~UbliC Works Department By:J~:A:3 DaM y-8-~ Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-06-01O - PAGE 3 00 STAFF REPORT TO: FROM: SUBJECT: CITY OF MERIDIAN PLANNIN'G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23. 2006 GtG;;di~'\ 1O,\HO ~ ~t~!:" ._../}~ ',",~ "'...., ...&.. t ~ s."I....1 I ''''~~'l:~J'j.IiII,:''-'\Ii '''1;).~:!':' ''1' m1 Hearing Date: May 23, 2006 Mayor and City Council Kristy Vigil, Assistant City Planner TNT Tents Variance File No. VAR-06-Ol0 Variance request to UDC 11-3E4C 1 to allow for temporary sales tents that exceed the maximum square footage allowance, by TNT Fireworks 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section ll.3E-4Cl 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 (Czq applications to operate temporary fireworks stands at 1601 S. Meridian Road (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 600 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 for the temporary fireworks stands 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. HEARING FACTS The Meridian City Council heard the item on May 23, 2006. At the public hearing they moved to approve the variance request. a. Summary of Public Hearing: i. In favor: Jerry Farley, Applicant's Representative iL In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning v. Other staff commenting on application: Bill Nary, Joe Silva, Ron Anderson, and Bob Stowe b. Key Issues of Discussion by Council: i. Size of temporary structures for fireworks stands and safety concerns of larger temporary structures; ii. Amending the UDC (Section 11.3E-4C) to allow larger temporary structures for fireworks stands and to involve temporary vendors; c. Key Council Changes to Staff Recommendation: i. The Council voted to recommend approval of the requested variance. 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Number V AR-06"() 1 0, 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. TNT Tents Variance VAR-06-OlO Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF MAY 23, 2006 Approval I move to approve File Number V AR-06-O 10, 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 V AR-06-01O, 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 AddresslLocation(s): 1) 1601 S. Meridian Road; the southwest comer of Overland Road and Meridian Road. Township 3N, Range lW, Section 24 2) 1600 Main Street; Rite.Aid parking lot Township 3N, Range IE, Section 7 3) 1850 E. Fairview Avenue; Fred Meyer parking lot; Township 3N, Range IE, Section 5 4) 4051 E. Fairview Avenue; Wal-Mart parking lot; Township 3N, Range IE, Section 9. b. Owner(s): 1) WLDC, LLC 416 S. 8th Street, Suite 200 Boise, Idaho 83702 2) Thrifty Payless, Inc. 14880 NE 24th Street Redmond, W A 98052 3) Fred Meyer Stores, Inc. PO Box 42121 Portland, OR 97242 4) Wal-Mart Stores, Inc. 1300 S.E. 8th Street Bontonville, AR 72716-0850 c. Applicant: TNT Fireworks 16 North 9th 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 (C-G), Meridian TNf Tents Variance VAR-06-OlO Page 2 CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE OF MAY 23, 2006 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 maximum 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. Meridian Road, 1600 Main Street, 1850 E. Fairview Avenue, and 4051 E. Fairview Avenue, include 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.) 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.l), 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 4th, 2006 d. Applicant posted notice on site by: May 5th, 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 stote. b. Description of Character of Surrounding Area: Primarily, Commercial and residential uses in Ada County and the City of Meridian. Cc. History of Previous Actions: In September of 2005, the City Council approved an annexation and zoning (AZ-04"()31) 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. CanalslDitches Irrigation: N/A 5. Hazards: None Identified TNT Tents Variance VAR-06-OlO Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF MAY 23, 2006 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-Mart)(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- 3E-4 .E, adequate off-street parking for the use must be provided. 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. 1be 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 11-2B-2 Table 11-2B-2) (please see Section 9 below for detailed analysis.) 9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS The City Council finds the followmg: 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. fu order to grant a variance, the Council shall make the following findings: A. The variance shall Dot grant a right or special privilege that is Dot otherwise allowed in the district: Temporary uses are allowed as accessory uses in the C.C and C-G zones. The size of a temporary structure is restricted to a maximum of 500 square feet. However, the Council has stated that they would like to amend the UDC to consider larger temporary structures. Therefore, this approval will not grant a special privilege. Furthennore, the City Council finds that City Code 5-4-15M allows for a temporary structure up to 750 square feet. B. The variance relieves an undue hardship because of characteristics of the site; The City Council fmds there are no physical characteristics of the sites which require the applicant to opemte within a larger-tban-allowed temporary structure on the sites. The TNT Tents Variance V AR-06-010 Page 4 ---- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF MAY 23, 2006 Council further finds that there are no major canals or ditches running through this lot, and there are no topographical features or other physical characteristics which would prevent full compliance with the standard temporary structure size. However, by amending the UDC to allow temporary structures to be larger than 500 square feet (see previolls Finding), a variance would not be required in this instance. C. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing 750 square foot temporary structures on the sites will not be detrimental to the public health, safety, and/or welfare. 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. 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 Il.3E-4Cl. Staff does not believe the applicant's justification meets the "findings test" for granting a variance (see Section 9.1 above.) Therefore. staff reconunends that the Council deny the subiect Variance application. Staff further recommends that the Council direct staff to issue a Certificate of Zoning Compliance (CZC) permit. which allows for the construction and operation off OUT (4) temporary fireworks stands located at 1601 S. Meridian Road. 1600 Main Street. 1850 E. Fairview Avenue. and 4051 E. Fairview Avenue. that reauires full compliance with all of the standards listed in Section 9.2 of the Staff Report for the hearin~ date of May 23. 2006. TNT Tents Variance VAR..Q6-01O Page 5