Staff ReportSTAFF REPORT
HEARING DATE: January 25, 2011
TO: Mayor and City Council E IDIAN~
FROM: Bill Parsons, Associate City Planner I D A H O
(208)884-5533
SUBJECT: VAR-10-004 -Fast Eddy's Ten Mile Station
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, ST Investments, requests a variance to Unified Development Code (UDC) 11-4-3-39C
which requires an unenclosed vehicle washing facility to be located 100 feet from an adjacent
residential zoning district. The applicant is seeking a variance to allow one open vehicle washing bay
and one vacuum station to encroach in the 100-foot setback. (See Section VIII for more information)
II. SUMMARY RECOMMENDATION
Staff recommends denial of the proposed variance in accord with the findings in Exhibit B.
III. PROPOSED MOTION (to be considered after the public hearing
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number VAR-10-
004, as presented during the hearing on January 25, 2011. (You should state why you are denying the
request.)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number VAR-
10-004, as presented in Staff Report for the hearing date of January 25, 2011.
Continuance
I move to continue File Number VAR-10-004 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 750 N. Ten Mile Road in the southwest % of Section 11,
Township 3 North, Range 1 West.
B. Owner:
ST Investments
770 W. Ustick Road
Meridian, ID 83646
C. Applicant:
Same as owner
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a variance. Per Meridian City Code, a public hearing is
Fast Eddy's Ten Mile Station VAR-10-004 - 1 -
required before the City Council on this matter.
B. Newspaper notifications published on: January 3, and 17, 2011
C. Radius notices mailed to properties within 300 feet on: December 30, 2010
D. Applicant posted notice on site by: January 6, 2011
VI. LAND USE
A. Existing Land Use(s): The site is currently vacant; however, a fuel sales facility, a convenience
store with drive-through and a vehicle washing facility have been approved.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: There is an existing multi-
family development along the north and east boundaries of this site. The property to the west is
currently developed with rural residences however; future mixed use development could occur
based on the City's Future Land Use Map. The property to the south is developed with a church
and is zoned limited office.
1. North: Vacant Commercial Property and Multi-family Residential; zoned L-O and R-15
2. East: Single Family Residential; zoned R-15
3. South: Church; zoned L-O
4. West: Rural Residential; zoned RUT
C. History of Previous Actions:
- This property was rezoned (RZ-10-001) from C-N to C-C in 2010. A development agreement
was required with the rezone of the property, recorded as Instrument No. 110111936.
Concurrently, conditional use permit (CUP-10-007) and design review (DES-10-032)
approval was also granted for the operation for a fuel sales facility, a convenience store with
drive-through facility and a vehicle washing facility.
- In 2010, a certificate of zoning compliance (CZC-10-067) was also issued for the
construction of the fuel facility, the convenience store with drive-through facility and the
vehicle washing facility.
D. Utilities: NA
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
VII. AGENCY COMMENTS MEETING
No comments were received by the Planning Department from other City departments for the
subject application. Please see the public record for any written comments that may have been
submitted by other agencies.
VIII. STAFF ANALYSIS
VARIANCE: The applicant is seeking a variance to allow one open vehicle washing bay and one
vacuum station to encroach in the required setback from a residential zoning district. Per the vehicle
washing facility specific use standards (UDC 11-4-3-39C), any vehicle washing facility that is not
fully enclosed shall be located a minimum of 100-feet from any abutting residential district.
The approved site plan depicts the proposed vehicle washing facility 40 feet from the adjacent R-15
zoning district boundary to the east. The rezone of the property provided some relief to this
requirement by relocating the commercial district boundary to the centerline of the adjacent
roadway rather than leaving at the project property line, however; it did not adequately achieve the
Fast Eddy's Ten Mile Station VAR-10-004 - 2 -
full separation as required by the code. Initially, the applicant chose to comply by removing one of
the vacuum stations and planned to install overhead doors on the encroaching washing bay as set
forth in the approved conditional use permit.
Subsequent to approval of the CZC, the applicant decided to pursue the variance instead of moving
the vacuum island and installing the doors. The applicant believes the proposed facility should not
conflict with the adjacent residences based on the established hours of operation (6 a.m. to 11 p.m.)
and the actual distance between the habitable space of the residences and the proposed facility.
When constructed, the future vehicle washing facility will be approximately 140 feet from the
habitable space of the adjacent residences.
In addition, the washing facility and the residential structures are also physically separated by a
local street (54 feet of right-of--way) and a 13-foot wide street buffer on the west side of the road.
Further, all of the off street-parking for the existing four-plexes is located between the habitable
space and the street which should also help buffer the noise created by the proposed vehicle
washing facility.
Per UDC 11-SB-4.E, in order to grant a Variance, the City Council must be able to meet the
following findings:
1) The variance shall not grant a right or special privilege that is not otherwise allowed in
the district:
2) The variance relieves an undue hardship because of characteristics of the site;
3) The variance shall not be detrimental to the public health, safety, and welfare.
Staff has reviewed these findings and believes that granting a variance for the reason requested by
the applicant would not grant a right or special privilege to the applicant that is not otherwise
allowed in the district. Staff is of the opinion that the roadway and the 13-foot wide street buffer
provide adequate separation between the facility and the abutting residences. Further, the restriction
on the hours of operation should also help lessen the impact on the adjacent residents. However,
Staff finds that there is no undue hardship that would prevent the applicant from developing the site
consistent with the specific standards for the vehicle washing facility outlined in UDC 11-4-3-39C.
In addition, the approved conditional use permit complies with said requirements.
If Council grants the variance, Staff believes the encroachment would not be detrimental to
the public health, safety, and/or welfare however, staff is recommending the applicant
construct a 6-foot masonry wall adjacent to the north and east boundary of the proposed
vacuum stations. It is staff s opinion that the vacuum bays are the largest noise generation of
the facility and the requirement for the wall should reduce the impact on the eastern
residences (see Exhibit A.2).
Because all of the Findings cannot be met, staff is recommending denial of the variance
application.
IX. EXHIBITS
A. Maps/Other
1. Vicinity Map
2. Approved Site Plan and Proposed Plan Changes
3. Applicant's Narrative
B. Required Findings from the Unified Development Code
Fast Eddy's Ten Mile Station VAR-10-004 - 3 -
Exhibit A.1 -Vicinity Map
x-is
~t~l~r
i.-o
} 'c
I
'ti z
~,-t~
F
--- - -- __
Fast Eddy's Ten Mile Station VAR-10-004 - 4 -
Exhibit A.2 Approved Site Plan and Proposed Plan Changes
II `~:
Ri
= i F Y ES~
l+`~
v- ~5
~ ~!
'- ~ ~l
a ,.-~ , I Y, ~ ~!
\ o
'° ,> W
~~~,
~_
~ Z
y
,~
I o`
~~
I 0 a
> €
_. __ 1. __. _ m c
x
~,~ SILE STU~
~~.'
Proposed Changes i,~~~. ~~~ ~
i e='
_ ; ---
,,
r~,t«~ g~ 1 i I
vacuum station
J ~ru~wk
'I
~I ~
i # ~ ~ 55 F
~ `~ ~ ;, ~ ! ...~t ~ Remove overhead doors
~,
~F~
-' ^:,
~~
,~~ ~~ ~ ` it
,... r ~ ~. ~i''~ ~ ~ ~~ ~ ~,'4
~; ~" , ~ r' ;~ Loning Distri
} ~ . _~` Boundary
r_-e
'o f/ !`ter ~ ~ / l~~"
Fast Eddy's Ten Mile Station VAR-10-004 - 5 -
Exhibit A.3 -Applicant's Narrative
City of Meridian
Planning Department
33 E. Broadway Ave. Suite 210
Meridian, Idaho 83642
RE: Variance request proposed Fast Eddy's
This is a request for a variance to remove the overhead doors on the car
wash facility and add a vacuum station to the site. This site plan was laid
out with a lot of thought and what would be best for all including the
neighbors. When the plan was originally submitted we felt all setbacks
were met. It was not discovered until the rezone requirement well into
the planning process that we were not complying with a setback. The
site planning was complete and the land acquisition had been made
with all assumptions the set back of the use conformed to all
restrictions. What was missed was setbacks were measured from the
residential district vs. normal setbacks requirements. The requirement
with the new zone moved the setback from the centerline of the
roadway causing the problem. The specific use standards require a 100-
footseparation from the adjacent residential district. The separation
from the current habitable space of residents and the car washing
facility is approximately 140 feet. Only one wand bay and a vacuum will
be inside this 100-foot set back condition. The two automatic bays on
the site plan where there could be a issue of noise due to the dryers is in
compliance. We will also be limiting the hour of the use so the
neighbors will not have to worry about any noise from this use in the
middle of the night. We have also added landscaping to the East side of
car wash, which will help in any noise issues. This variance with the
hours of operation restriction will not cause any safety or undo
hardship to any existing neighbors.
Thanks,
Steve Eddy
Fast Eddy's Ten Mile Station VAR-10-004 - 7 -
Exhibit B -Required Findings from the Unified Development Code
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in
Section 11-SB-4.E 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:
Staff finds that granting a variance would not allow a right or special privilege that is not
otherwise allowed in the district. Staff finds that the abutting roadway (54 feet of right-of-
way) and the 13-foot wide street buffer provide adequate separation between the facility and
the abutting residences. Further, the restriction on the hours of operation should also help
lessen the impact the facility will have on the adjacent residents.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds that there is no undue hardship that would prevent the applicant from developing
the site consistent with the specific standards for the vehicle washing facility outlined in UDC
11-4-3-39C. Further, the approved conditional use permit satisfies said requirements.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds the encroachment into the 100-foot setback would not be detrimental to the public
health, safety, and/or welfare if the applicant constructs a 6-foot masonry wall adjacent to the
north and east boundary of the proposed vacuum stations to reduce the noise impact on the
eastern residents. In addition, the future vehicle washing facility will be approximately 140
feet from the habitable space of the adjacent residences.
Fast Eddy's Ten Mile Station VAR-10-004 - 7 -