HomeMy WebLinkAboutFat City Fireworks Variance VAR-06-011
RECEIVED
JUN 2 3 2006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview
Avenue, 1375 E. Fairview Avenue, 97 Main Street, and the northwest corner of Ten Mile
Road and W. Franklin Road, by Fat City Fireworks.
Case No: V AR-06-011
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 06/06/06 incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of 06/06/06 incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
06/06/06 incorporated by reference)
4. Unified Development Code Required Variance Findings (see attached Staff Report for
the hearing date of 06/06/06 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 (LC. g67-6503).
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 g
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). v AR-06-011 - 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 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview
Avenue, 1375 E. Fairview Avenue, 97 Main Street, and the northwest comer ofTen Mile
Road and W. Franklin Road.
8. That this variance approval allows for temporary sales tents to exceed the 500 square foot
maximum permitted per UDC 11-3E-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
06/06/06;
D. Attached: Staff Report for the hearing date of 06/06/06 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-06-011 - PAGE 200
By action of the City Council at its regular meeting held on the 2. 71'1;; day of
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COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED ~
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Copy served upon:
Dated: (. '3-0LP
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-011 - PAGE 3 00
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: June 6, 2006
Mayor and City Council
Kristy Vigil, Assistant City Planner
Fat City Fireworks Variance
File No. V AR-06-011
Variance request to UDC 11-3E-4C1 to allow for temporary sales tents that
exceed the maximum square footage allowance, by Fat City Fireworks
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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 comer ofTen 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. Hearing facts
The Meridian City Council heard the item on June 6, 2006. At the public hearing thye moved to approve
the variance request.
a. Summary of Public Hearing:
i. In favor: Richard Handke, Applicant
ii. In opposition: None
iii. Commenting: None
iv. Staff presenting application: Anna Canning
v. Other staff commenting on application: Joe Silva and Bill Nary
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-06-0 11, as presented in the Staff Report for the hearing date of
June 6, 2006 and direct Legal Staff to prepare the appropriate [mdings document for denial.
Approval
I move to approve File Number V AR .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
Fat City Fireworks Variance V AR-06-011
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
I move to continue File Number V AR-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 southwxxxxest comer ofTen Mile Road and Cherry Lane in
the Albertson's parking lot.
Township 3N, Range 1 W, Section 10
2) 20 E. Fairview Avenue; the northeast comer ofPairview Avenue and Meridian Road
in the Albertson's parking lot.
Township 3N, Range IE, Section 6
3) 1375 E. Fairview Avenue; west of Stonehenge Plaza.
Township 3N, Range IE, Section 7
4) The northwest comer ofTen Mile and Franklin Roads.
Township 3N, Range 1 W, 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 comer of Main Street and Franklin Road.
Township 3N, Range IE, Section 18
b. Owner(s):
1) Albertson's
PO Box 20
Boise, ill 83726
2) Albertson's
PO Box 20
Boise, ill 83726
3) Manuas, LLC
822 S. 10th Avenue.
Caldwell, ill 83605
4) Cherry Lane Christian Church
PO Box 671
Meridian, ill 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
Fat City Fireworks Variance V AR-06-011
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
c. Applicant:
Fat City Fireworks
3565 W. Muirfield Drive
Meridian, ill 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 (CwG), Meridian
4) Neighborhood Business District (C-N), Meridian
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) Commercia1- 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request: The applicant is requesting a variance from Section 11-3E-
4Cl 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 comer ofTen 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 11-
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 3rd, 2006
d. Applicant posted notice on site by: May 20th, 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
Fat City Fireworks Variance V AR-06-0 11 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
1. Public Works
Issues or concerns: None
2. Vegetation: None
3. Flood plain: N/ A
4. Cana1s/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. FailView Avenue) (2)
2.345 acres (1375 E. Fairview Avenue) (3)
33.76 acres (Northwest comer 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. PlaIllled 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.
1. 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 ofthe
Comprehensive Plan, this designation is defined as areas providing a full range of commercial and retail
to selVe areas residential and visitors. Furthermore, two of the subject sites designated 'Mixed Use~
Regional' on the Future Land Use Map. In Chapter VII ofthe 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, C-C, C-N,
and I-L zones, as accessory uses (UDC 11-2B-2 Table 11 ~2B-2 and UDC 11-2C-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):
Fat City Fireworks Variance V AR-06-011
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
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 accessory uses in the C-C, C-N, C-G, and I-L zones.
However, UDC 11-3E-4Cl restricts the size of a temporary structure 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, City Council finds that this approval
will not grant a special privilege. Furthermore, 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 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. The
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
previous Finding), a variance would not be required in this instance. Therefore, The
Council finds that the variance relieves an undue hardship.
C. The variance shall not be detrimental to the public health, safety, and welfare.
The Council fmds that allowing 750 square foot temporary structures on the sites 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
applicant should be required to comply with as part ofthe issuance of a CZC for
temporary, seasonal stands:
· Except as otherwise defmed 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-4Al.)
· 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-4Cl) -Depending on the outcome ofVAR-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 ofthe 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
Fat City Fireworks Variance V AR-06-011
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
(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
(11-3E-5B)
· Dates of fireworks sales shall comply with Idaho Code ~39-2606 (UDC 11-3E-5C)
· Applicant shall comply with the standards for access as detennined by the Transportation
Authority (UDC 11-3E-5D)
10. FIRE DEPARTMENT COMMENTS
The Meridian Fire Department is recommending that the Meridian City Council consider limiting
the size oftents for retail sale of Pi reworks 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. Weare 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 ofthe 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 fmds there is
a lack of evidence and grounds to grant a variance to UDC 11-3E-4Cl. Staff recommends that the
Council denv the subi ect Variance aoolication.
Fat City Fireworks Variance V AR-06-011
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