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Fast Eddy's Ten Mile VAR-10-004CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN2-- ~J In the Matter of Request for a Variance to UDC 11-4-3-39C, which Requires an Unenclosed Vehicle Washing Facility to be 100 Feet from a Residential Zoning District, Located at 750 N. Ten Mile Road, by Steve Eddy. Case No(s). VAR-10-004 For the City Council Hearing Date of: January 25, 2011 (Findings on February 1, 2011) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of January 25, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 25, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 25, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 25, 2011, 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. §67-6503). 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 § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-10-004 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 in accord with the findings in the attached Staff Report for the hearing date of January 25, 2011, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's request for a variance is hereby approved in accord with the findings in the attached Staff Report for the hearing date of January 25, 2011, attached as Exhibit A. D. Notice of Final Action Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which maybe adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of January 25, 2011. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-10-004 -2- 1~ By action of the City Council at its regular meeting held on the day of '^~y , 2011. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED~G~ COUNCIL MEMBER KEITH BIRD VOTED ~- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~~. Mayor Tamm de Weerd Attest: ~ ~, ~~~ Q~ ~~~=h/®,~~ ~~~~~, Jaycee H 1 an, City Clerk = ~~L Copy served upon Applicant, The ~L~ ~e~~trl~`n~,``public Works Department and City ~~~~trurrs~~ ii~i~~~~~~ Attorney. By: Dated: City Cler s Office CITY OF MEWDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-10-004 -3- Exhibit A STAFF REPORT HEARING DATE: January 25, 2011 E IDIAN~ TO: Mayor and City Council .- 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. The eridian City Council heard hi i em on Tannarv 25. 2011 _ At the public hearing. the .npnc_i the subiect VAR request ~., ummarv of City Council Public Hearing: 1. In favor None 11. In opposition: None 11L Commenting: Steve Eddv iy, ritten testimony: Steve Eddv. response to the staff repo Y. Staff presenting application: Bill Parsons Yi. Other staff commenting on application: None ]~ ev Issue of Diccuccion by o ~ncil: 1. None ~, Key Council Change o aff R .cnmmendatinn L_ he City Council granted the variance without the inclusion of a 6-foot masonry Further. the applicant testified at the hearing that a decorative metal canopy d be included in the design of the vacuum stations to complement the design o ehicle washing facility. The City Council's motion required the decorative ' ied by the applicant 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) Fast Eddy's Ten Mile Station VAR-10-004 - 1 - Exhibit A 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 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 Fast Eddy's Ten Mile Station VAR-10-004 - 2 - Exhibit A 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 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 Fast Eddy's Ten Mile Station VAR-10-004 - 3 - Exhibit A 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 - 4 - Exhibit A Exhibit A.1 -Vicinity Map R-8 R-15 1.-U -N a ~ z ~, g y? S :4i §~~ zkd% F { 619 C ~t~ '"~ °~ i. ~. v ,3 S ~ t 9B z ;, ,,. t <r J ~A n IJ'~/ 'l. ` t. y ~b Fast Eddy's Ten Mile Station VAR-10-004 - 5 - Exhibit A Exhibit A.2 -Approved Site Plan and Proposed Plan Changes .. sl~N~rH~,~F_ ~. e w~ I r &CYCIE HACK DFTNL VlClwm papa i - _ ~ ~ ~ ,Iq i~... - as nc \ _ + i ~" 7 I' ~ s ~ _ ~ ~~c t ~~ ~ ~ ~~ ~ _ y 9il ti _ ~y tt~ `~ t 9)d4' ,YS~. ;~ a, >a _ a f - :..E+.+. ~ a ~y _ V .~..IAw 2 Bf. `c. 2 ! _~= _ ~ 1 i „o , _~ .m, ,.......... ~ ~ ~ ..--.. ~ J._. i ~ ' q / ~ ~a y ...~.... _.._ _ '`. . __ ~~~~ .- rat~E~7ARPtiZiRTI I \ ~ / Proposed Changes /f I ry ~ -- ~ --- ' a~ s -~'~, ~~ ~ .l- ~ ; ,~ 1 ~ ~~ ~ II 11 ~ .~4-" ~ I 0 ~~ r~ v ~i ~~ R Remove o ~f . Fi p;f, I I - ~" ~a i ~,M I ~ ~ a Y j R~ V r i 2 ,r i ~~' y JRN / ' ~~ O 2 I 2 I j I ~ O 1 ~ ~a~ V '~ INS SITE STUDY Zoning District Boundary Fast Eddys Ten Mile Station VAR-10-004 - 6 - Exhibit A 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 A 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: The Council finds that granting a variance would not allow a right or special privilege that is not otherwise allowed in the district. The Council 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; The Council finds that there is ne ann 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 because the site is surrounded on three sides with public streets which facilitated the site desien of the Fast Eddy's Ten Mile Station and established the zoninc district boundaries to centerline of the adioinine streets. Further. the Council finds the physical separation between the habitable space and the vehicle washine facility (140 feet) meets the intent of the specific use standard C. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds the encroachment into the 100-foot setback would not be detrimental to the public health, safety, and/or welfare if the applicant constructs decorative metal canopies over the vacuum stations (as testified) to help mitigate the noise generated by the vacuum stations. *° ~°a•~°° *~° ~ °* °~ *~° °~~*°-~-~ ~°~~a°~*°. 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 -