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HomeMy WebLinkAboutJoe's Sports, Outdoors and More VAR-07-013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~qrrnf' .~:..J' eridi:n - -\ \ ID,\HO i v, r , yI , ~ ...1~''';;MI!,,!!\:Jl\':lJ~~''., fro In the Matter of a Variance Request from UDC 11-3E-4Cl to Allow a 7,056 Square Foot Temporary Sales Tent that Exceeds the Maximum Square Footage Allowed for a Temporary Structure, by Joe's Sports, Outdoors, & More. Case No(s). V AR-07-013 For the City Council Hearing Date of: July 17, 2007 (Findings on the August 14, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 17,2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 17, 2007, 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. 967-6503). 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 9 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-013 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 is subject to the Site Plan and temporary use provisions in Section 9. 2 in the attached Staff Report for the hearing date of July 17, 2007, incorporated by reference. The temporary use provisions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 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 request as evidenced by having submitted the Site Plan in the attached Staff Report for the hearing date of July 17, 2007, is hereby conditionally approved; and, 2. The temporary use provisions listed in Section 9.2 of the attached staff report for the hearing date of July 17, 2007, incorporated by reference, shall be considered conditions of approval. D. Attached: Staff Report for the hearing date of July 17, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-01 3 By action ofthe City Council at its regular meeting held on the ~ f-' 2007. COUNCIL MEMBER DAVID ZAREMBA I If(; dayof VOTED fP<-- ~ fr- ~ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD --- VOTED ATTEST: MA~8~\J. /I! I', deWEERD \' \ ("If= I, ....> \ ~" ..'*~/~)A~' . /1;1 ,............' ....<~\ ,!_..L.'-'.'......_.:n.:.,~~....~{.'.-:., ~-:;, ....l~;,.. ,-,-' CI ,/,. ~'J"Ifi~'C"7" -"'" ,,,t. '/, ..... I"~ ""'t-'" r,,'l)), y.. -~ ' ..~~ . f ~t;-- S :;:" '" 0:: Copy served upon: S;&}lL C~~. J:)r>J f " ~ ,~~ ,~ .... \~~gi, f?j /"'''' Cln. _. - 't:>'t- ,,'- V Applican(/II///~Ti, \\\\'\" v Planning Depcriilli~n~ \I \ \ V Public Works Department V City Attorney By: ~f\' n 1M Q. J.J.J.v.J ~6~ Dated: <S - 11O ..01 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-0 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007 HEARING DATE: TO: FROM: July 17,2007 Mayor and City Council Sonya Watters, Associate City Planner (208) 884-5533 o(,Gridl~ \ l IIJ.\HO )~ ~ " ~~-_. - ~ ~"'_L..."",-..:_:"i!4c- ~ml STAFF REPORT SUBJECT: Joe's Sports, Outdoors, & More . V AR-07-013 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-4C 1 of the 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 [mdings 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 Variance application (V AR-07-013) for the reasons listed in the Staff Report. The Meridian City Council heard this item on Julv ] 7.2007. At the Dublic hearinv they aooroved the subiect V AR reouest. a.. Summary of City Council Public Hearing: i. In favor: .Jim Long. .Joe's Snorts (Annlicant): Jonathan See) (Dronertv owner's renresentative) ii. In oDDosition: None iii. Commentinl!: None iv. Written testimony: Winston Moore v. Stafforesentimr annlication: Anna Canninv vi. Other staff commentinv on annlication: DeDutv Fire Chief Niemever h. Kev Issues of Discussion bv Council: i. Criteria for aooroval of future reouests for increases in temDorarv structure ~ ii. Amendment to UDC to allow Staff's discretion in aODroving increases in temDorarv structure size in certain circumstances ~ Kev Council Changes to Staff Recommendation i. Council aDDroved the DroDosed temDorarv structure size of 7.056 SQuare feet Joe's Sports V AR-07-013 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Nwnber V AR-07-013, as presented in the Staff Report for the hearing date of July 17, 2007 and direct Legal Staff to prepare the appropriate findings document for denial. Approval I move to approve File Number VAR-07-013, as presented during the hearing date of July 17, 2007 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-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 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 11-3E4Cl, tent size larger than 500 square feet; our tent will be approximately 7,056 square feet. The tent sale is an end of the summer 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 of the 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 find 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 ofthe 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. Joe's Sports V AR-07.013 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007 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 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 subj ect 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 Joe's Sports V AR-07-013 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007 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 fmdings listed in Section 11-5B-4E ofthe 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- 4C1 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 exits, and there is sufficient parking on the site to accommodate the proposed use (see Exhibit B). 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 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. The City Council finds that approving the requested variance should not grant a right or special privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; The City Council finds there is an undue hardship because of characteristics of the site which require the applicant to operate within a larger-than-allowed temporary structure on the site. C. The variance shall not be detrimental to the public health, safety, and welfare. The City Council fmds that allowing a temporary structure over the allowed 500 square feet on this site 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 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-4AI). . Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located (UDC 11-3E-4BI). . A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet (UDC 11-3E-4C1) - unless otherwise allowed by the Council via VAR-07- 13). . The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations ofthis Title (UDC 11-3E-4C2). . Any temporary structures shall be portable and completely removed at the end of the allowed time period (UDC 11-3EAC3). . 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). Joe's Sports VAR-07-0J3 Page 4 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007 · All surfaces used for parking shall be constructed with paving, vegetative cover, or of a dustless material (UDC II ~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-4HI). 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. b. All aspects ofthe 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~4C I. Staff recommends that the Council deny the subject Variance application. The Meridian City Council heard this item on .}ulv 17. 2007. At the nublic hearing- thev anDroved the subiect V AR reouest. 12. EXHffiITS A. Vicinity/Zoning Map B. Site Plan Joe's Sports V AR-07-013 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF IDLY 17, 2007 A. Vicinity/Zoning Map I EAIE VI L::J A-I Rl R-8 \ R-15 Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEP AR TMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 - . .. ..----~"_.-,_.._- ..,-----....::..,..........,..--.~---...- lk Site Plan -- ~Wil!_,~.,...._~ II a MIIt'MAt.I tlI!j NT SN.r ~ C/J~ I. I~ o"d I ~ rh t- t ) I lP Exhibit B Page]