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HomeMy WebLinkAboutKent Fried Chicken VAR 02-002 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS (208) 898-5500 · Fax 88%1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: April 11, 2002 Transmittal Date: March 19, 2002 File No.: Request: By: Location of Property or Project: Hearing Date: April 16, 2002 VAR 02-002 Request for variance to allow existing "Bucket 'Sign" at the Kentucky Fried Chicken Restaurant King Electric Signs 677 S.E. Ist Street David Zaremba, P/Z o~,v~,v,~c,~) Jerry Centers, P/Z Leslie Mathes, PIZ Keven Shreeve, P/Z 0~V~WC;R~ Keith Borup, P/Z Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, ClC Keith Bird, C/C Cherle McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer .City Planner Pa~.s Department Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irdg. District Settlers Irrigation District Idaho Power Co. U.S. West ~P~ Intermountain Gas Bureau of Reclamation ~ Idaho Transportation Department Ada County CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln, Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax VARIANCE APPLICATION (RE: Meridian Zoning Ordinance- 11-18, Meridian Subdivision Ordinance- 12-11 ) APPLICANT: OW~R(S) OF RECOR.D: ~'//4 ADDRESS: /q 0', ~30X Iq OOaf Zgo/Se'~ /~,~ Ha PHONE: ?g$"- 7//7 FAX: ,5-~,,2-/ac'fi/ E-MAIL: ENGINEER, SURVEYOR, PLANNER: ADDRESS: PHONE: FAX: ADDRESS, GENERAL LOCATION OF SITE: b?? £. E-MAIL: PRESENT ZONE CLASSIFICATION: C -~ PRESENT USE OF SUBJECT PROPERTY: PROPOSED USE OF SUBJECT PROPERTY: DESCRIPTION OF PROPOSED VARIANCE: ~ Xi~ T/ ,,~ ~ / ~at c/r~- T .y-Z~,q~ I have read the information c, ot~ined herein and certify the information is true and correct. Signature of Applicant: ~J ]'~e~'. 06 /5 O/ Kin ELECTRIC SIGNS ~ Dw s~on of Nampa Neon, Inc. RE: Kentucky Fried Chicken 667 E. 1st Street Meridian, ldaho 83642 Government lot #2, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County March 12, 2002 We are asking for a variance coacemlng the current (appx. 60'-0" tall) "Bucket sign" at Kentudcy Fried Chicken. (1) We currently cannot comply with the Meridian sign ordinance Section 11 - 14-10 conc, eming this sign as it is currently more than three hundred feet (300'-0") bom the freeway and is not considered an 1-84 Overlay Zone sign. (2) The reason we cannot comply with this ordinance is that the sign is more than three hundred feet from the interstate and the overall height is more than forty feet (40'-0") tall. (3) We ask that the requirement of the overall distance from the freeway be extended for this sign and the overall height of this sign be allowed. (4) This sign has been in service for at least 25 years and gives KFC major business from the fxeeway. By not allowing this sign to stay in service, it could majorly hurt sales for this business Owner. (5) The people of Meridian know this sign and it has kind of served as a landmark, how many times have we given people directions and used that sign as a focal point? I do not believe the citizens of Meridian would object to this sign staying in place. (6) We are not asking that a new non-complying sign be considered, we are asking that an existing sign (that is not out of the ordinary in this section of Meridian) be allo~ved to stay in it's current location. (7) McDonald's and Chevron currently have signs that are taller than this s~gn and we do not believe they fall under the current sign ordinance, we do understand that these signs were erected before this sign ordinance was put into effect and ask for an exception on the KFC sign since it is to serve the same purpose and has been in place for at least 25 years. We could understand the denial if this were a Schucks Auto Parts store coming into this location and asking to keep the current sign in place with their (Schucks) logo on it. P.O. Box 1884, Nampa, Idaho 83653 (2O8) 466-2OOO · Fax: (2O8) 461-8883 Email: kingelectricsigns@hotmail.com Kin SIGNS "A Divixion of Nampa Neon, Inc." (8) This sign is a major business draw for the owner and by his trying to spruce up his current location and make it more eye appealing to the eormnunity, the sign ordinance says that this sign will not be allowed and he may lose a lot of business from the interstate that he currently receives. All other new signage on this property will be up to code according to the sign ordinance and we will not ask for any other type of sign variance on this location. (9) Granting of this variance does not give KFC any special trcatmem over any other business as this is an existing sign that has been in place for over twenty five years. (10) The granting of this variance will not help KFC profit fi.om the decision but only keep the stream of business he currently has from the interstate standpoint. ( 11)We feel that this variance falls within the scope of the Meridian Comprehensive Plan, Econnmic Development Chanter, 1. Policies 1.1 and the Goals of the Coml~rehensive Plan, Goal 5 which says, "To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. (12) It should also be noted and copies of the minutes are attached, that the Plaaning & Zoning Commissioners discussed this at the Meridian Planning & Zoning Regular Meetin~ on September 20, 2001 and on page 23, Bill Nary said "Item 5 be amended to read that the existing 60 foot high sign-so that we are clear as to which sign is applicable under t_he city ordinance-and that as part of this recommendation we recommend the City Council to consider favorably the request for a variance based upon the length of time that sign has been in existence and that I think that that's not an unreasonable consideration for a variance, because it is a fairly long-tean sign and I do think, next to the Water tower, is probably the next thing you can see Meridian." In the March 12, 2002 edition of the Idaho Statesman, a Council member was quoted as saying, "If we allow that one, everyone who comes along will want a big, tall one like that." We are not asking that a brand new sign this size be allowed in its place, we are asking that a sign which has been here for over twenty five years be allowed to stay. We could understand the Council members point if we were a totally new business coming into this location and asking for a s~gn of this size. (13) We are also filing for another variance due to the community support received over the last couple of months. We also have signatures of citizens who are supporting this issue and would like to submit those to the City Council. Ron Harrold King Electric Signs Wk# 466-2000 Cell# 353-2228 P.O. Box 1884, Nampa, Idaho 83653 (208) 466-200O · Fax: (2o8) 461-8883 Email: kingelectricsig#s~hotmail.com II II II / l*ttrkk M~..Keelan Arehlt~b I[ n~. '-'m ~. ~u .M~ldlan Planning and Zoning Commlmdon Meeang Sa~mber 20.1r001 Pg. 22 Borup: There you go. Atteberry: Could it possibly be an historical monument? Borup: As Commissioner Nary said, maybe they could have one of the cell towers. Okay. Anything else? Shreeve: Mr. Chairman. Borup: Commission Shreeve. Shreeve: I guess just simply comments that I agree with the landscape issues that Commissioner Nary has just brought up and certainly would support some kind of revision or looking at the - with the landscape. And in terms of the signage, I tend to agree to just keep - allow them to keep th~ 60-foot sign. Borup: Okay. Are we ready to close the heating? Shreeve: Yes. I will make e motion that we close the public - close the Public Hearing on CUP 01-021, request for Conditional Use Permit for a dual restaurant with drive-thru in a C-G zone for Kentucky Fried Chicken, A&W, by G & H Enterprises II, 677 East 1st Street. Borup: We have a motion. Nary: I'll second. Borup: And a second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Okay. Do we have anyone ready to make a motion on the application or do we need some more discussion? Mr. Chairman, I'm going to - I guess I'!1 try. I think I mede enough notes here. I'm going to move that we recommend approval to the City Council of CUP 01-021, request for Conditior~l Use Permit for a dual restaurant with drive-thru in a C-G zone for Kentucky Fried Chickon, A&W, by G & H Enterprises at 677 East 1st Sb'eet, to include all staff comments of the August 21st, 2001, memorandum, with the following additions and amendments: That on site specific requirement number one that we also add language that included with the revised landscape plan, that they include additional landscaping on the southern boundary property line of this property to be reflected in that landscape plan and I think that would be up to sta~s discretion on that. And that also there be language - I guess part of this motion that I do think with that additional landscaping along that southern .l~ridlsn planning and Zoning Commiss~ Meeting ~eptember 20, 200t Pg. 23 beund~ry of their prope~ line, that Ur~t would me~ the requirement of our ordinance, that does not require a variance, that it would be substantial compliance with the city code and, therefore, vadance would - at least recommend it's not necessary with that particular landscaping; that item five be amended to read that the existing 60-four sign - so that we are dear as to which sign is applicable under the city ordinance - and that as part of this recommendation we recommend the City Council to consider favorably the request for a variance based upon the length of time that sign has been in existence and that I flank that that's nut en unreasonable consideration for a variance, because it is a fairly longAerrn sign and I do think, next to the Watertower, is probably the next thing you can see Meridien. I don't think, according to Bruce's comments, that item eleven needs to be amended. I think it's dear that they are going to have to provide that. Borup: Thirteen.'? Nary: And that there be - oh, yeah. Thet there noeds to connectivity between the pedestrian sid~:.~ once they are required to be put in, if that's what the issue was. And that they probably amend 13 - or to include on 13 that there mmcis to be connectivity with the sidewalks along - I guess both sides of this property; is that correct, Steve? Siddoway; Yes. Shreeve: Can I just - either the connectivity or put it into some kind of a trust fund. You know, you mentioned doing that as far as not potentially wasting their money if they do something. I mean are wa going to require connectivity now or allow them to put that money - Siddeway: ! believe we will leave it to ACriD. They have situations like next to Walgreen's there they did trust fund it end put it in. If they knew where the property lines are going to be and especially - I don't know if they are going to detach it or not, but there are certain scenarios that I wish they could build it today. I would just leave it to ACHD. Nary: So the language would probably be fi'mt there be connectivity or as required by the ACHD? Is that adequate? Siddoway: I think the connectivity should be required. The timing can - Nary: At the discretion of Ada County Highway District. Siddoway: Yes. Nary: Okay. The last thing I guess would be number 14, is that there also be a condition that the existing building on the property, that the drive-thru allowed in