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
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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
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Fast Eddy's Ten Mile Station VAR-10-004 - 5 -
Exhibit A
Exhibit A.2 -Approved Site Plan and Proposed Plan Changes
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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 -