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HomeMy WebLinkAboutStaff Comments CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007 SUBJECT: July I 7, 2007 Mayor and City Council Sonya Watters, Associate City Planner (208) 884~5533 Joe's Sports, Outdoors, & More . V ARp07~013 ctf;.;;di~ \ t ID"I.HO t 'tt '. .u~~e- ~l .I~,--".. :1111 STAFF REPORT HEARING DATE: TO: FROM: 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 ofthe 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 ofthis report, for more details.) Staff is recommending denial of the subject Variauce application (V AR-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 V AR.07~013, as presented in the Staff Report for the hearing date of July 17, 2007 and direct Legal Staffto prepare the appropriate findings document for denial. Approval I move to approve File Number V AR-07-013, as presented during the hearing date of July 17, 2007 and direct Planning Staff to prepare fmdings 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-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 ofN. Eagle Road and E. Ustick Road in Centre Point Subdivision; Township 4 North, Range 1 East, Section 32 Joe's Sports V AR-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, ill 873642 c. Applicant: Joe's Sports, Outdoors, and More 3415 N. Eagle Road Meridian, ill 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 11-3E4C 1, tent size larger than 500 square feet; our tent will be approximately 7,056 square feet. The tent sale is an end of the swnmer 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 ofthe 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 fmd 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. CanalslDitches Irrigation: NA Joe's Sports V AR-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. 1. 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- 4Cl 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 fmds 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 V AR-07-013 Page 3 CITY OF MERlDJAN 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 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 ofthe 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 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-4Bl). . A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet (UDC 11-3E-4Cl) - unless otherwise allowed by the Council via V AR-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 11-3E-4C4). . Adequate off-street parking shall be provided to serve the use (UDC 11-3E-4El). · 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-4Hl). 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 V AR-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 ofthe 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-4Cl. 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 I EAlEY I L::J A-I RI ,I 1.- R-S \ R-15 " B. Site Plan Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY] 7,2007 B. Site Plan NO PARKING AREA ~ I ~ I: ]I ( D I I --L...- i" I ---,--- I I I ... I .~ ( J .... ~ :J .. .. CI.l i~ 00 ~ ~ ~"'-~"'''"''''-''''''''''-"----'~ L I U I I I I f J , , I l( : I. I' I a: ". BULK SALES AREA OUTSIDE TENT ENCLOSED BY FENCE ,. RI'.... +om only t.- N. -"1 Exhibit B Page]