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HomeMy WebLinkAboutStaff Comments MAYOR Tammy de Weerd otre;; dztrn LEGAL DEPARTMENT (208) 488-9272 'Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charies M. Rountree IDAHO PLANNiNG AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: To: Mayor and City Council Hearing Date: February 1, 2005 Transmittal Date: Ja~b~ÌVE D From: Brad Hawkins-Clark, Principal City Planner Iß.\\(.. JAN 24 2005 Re: M ' t' C. V ' City Of Meridian ales IC memas - anance City Clerk Office Request for a Variance to the Sign Ordinance for Sign Height, Readerboard Area, Direct Illumination and Flashing Light for New Signage for Movie Theater, by LandStar NW, LLC. (File No. V AR-04-007). The Planning and Zoning staff has reviewed the applicant's submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The applicant, LandStar NW, LLC, has requested a variance from four (4) different sections of the Sign Ordinance (Meridian City Code (MCC) Title 11, Chapter 14) for an 18-screen theater currently under construction on E. Overland Road. The theater, Majestic Cinemas, is proposing a combination of wall signs and wall sign types on the east (front) and south elevations that would be impacted by the outcome of this application. The application does not address or request variances to any free-standing signs on the site - only wall signs. As a result of conversations held with P&Z Department staff and our inability to accommodate the proposed signs within the scope of the code, Mr. Ray Hallet, the applicant, submitted the subject application. (See the application for a detailed description of the variances being requested.) Below are the four (4) subject sections of MCC 11-14 (Sign Ordinance) with a side-by-side comparison of the applicant's variance requests: MCC Section 11-14-5.1.2 Existin Standard Manual readerboards allowed for up to 50% of si back ound area Wall signs allowed up to a max. of 30 feet Direct illumination signs prohibited on wall si s Animation, readerboards Pro osed Standard All manual readerboards for up to 100% ofsi back ound area The entry spire of the wall sign allowed u to 49 feet All wall signs to utilize exposed neon tubes for letters flashing lights and Allow readerboards and allow flashing rohibited on wall si s neon ofu to 6% of neon section MCC 11-14-9.F.2 MCC ll-14-9.F.4 MCC 11-14-9.F.5 VAR-04-O07 ""'j~tkCin=~.W,ILS~".VAR Mayor and Council Transmittal Date: January 14, 2005 P¡¡ge2 As a point of clarification, while the applicant submitted just one formal application, it contains four (4) different variance requests to the code. The council has the option to grant all, some, or none of the variances listed in the table above. Any variance that is approved will allow the applicant to submit a sign permit that incorporates said variance. Any variance that is not approved will require the applicant to comply with the existing code. MCC 11-18-5 states that "the Council shall approve, approve with conditions, table or deny the application with supportive reasons." Any decision must, of course, be in accord with the overall goals of the Zoning Ordinance and Comprehensive Plan. Staff is recommending the City Council grant the requested variance for three (3) of the four (4) sections ofMCC 11-14. We do not find the applicant has provided sufficient evidence to warrant approval ofthe flashing neon signs (MCC ll-14-9.F.5). See Finding "C" below. LOCATION The property is located on the south side of Interstate 84, and on the north side of Overland Road, approximately Y2 of a mile west of Eagle Road, within Section 20, Township 3 North, Range I East. It is located within the pending "Boise Valley Commons" subdivision (currently in process for approval). SURROUNDING PROPERTIES North - Interstate 84 South - Undeveloped, future lots within the pending Boise Valley Commons Subdivision and ProfessionallMedical Offices, Resolution Subdivision, zoned L-O East - Vacant, zoned CoG West - Commercial Tractor Sales, Playground Subdivision, zoned CoG OWNER OF RECORD The property owner of record is LandStar NW, LLC. Mr. Ray Hallett has provided notarized consent for the submission of the subject application, REOUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCII-I8-3), all of which must be determined before granting ¡¡ v¡¡ri¡¡nce: A, That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; According to the ¡¡pplication, the prim¡¡ry "speci¡¡l circumstance or condition" th¡¡t w¡¡rrants the requested v¡¡ri¡¡nces is the size of the building, which is l¡¡rgely driven by VAR.O4-007 ""'j~",Cin'm~.W.ltSig"VAR M¡¡yor and Council Transmitt¡¡l D¡¡te: January 14,2005 P¡¡ge 3 ADA (Americ¡¡ns with Dis¡¡bilities Act) regul¡¡tions th¡¡t went into effect in 1992 th¡¡t imp¡¡cts recre¡¡tional uses. Since that time, the applicant states new the¡¡ters have been forced to exp¡¡nd both in are¡¡ (to accommod¡¡te extm auditorium entry ¡¡isles) fInd in height (to ¡¡ccommod¡¡te st¡¡dium se¡¡ting required by ADA ramp limits). The main roof line of the building is 30 feet in height fInd the highest point of the center parapet/entry fe¡¡ture raises to 40 feet - approxim¡¡tely 50% higher than typic¡¡l "big box" stores (see Item #10, pg. 2 of ¡¡pplic¡¡tion). The ¡¡pplic¡¡nt's go¡¡l with this project is to provide ¡¡ "tmditional movie the¡¡ter experience.» In his defmition, this experience includes ¡¡ structure th¡¡t includes ¡¡ spire entry fe¡¡ture, fl¡¡shing neon lighting and ¡¡ ch¡¡ngeablemarquee (manu¡¡l readerbo¡¡rd). In order to achieve this "traditioœl experience," the ¡¡pplic¡¡nt believes the proposed v¡¡ri¡¡nces fIre necess¡¡ry. Strict ¡¡pplication of the ordinance would require the applic¡¡nt to: propose permanent w¡¡ll signs (without ¡¡ re¡¡derbo¡¡rd component) that fIre significantly beyond the size fInd scope of what is necess¡¡ry just to ¡¡chieve the 381 sqœre feet of desired re¡¡derboard ¡¡rea; limit the height of the w¡¡ll sign/lettering on the spire fIt the center of the structure to 30 feet (which would not extend above the roofline); cover the neon tubing in Plexigl¡¡ss or ¡¡nother materi¡¡l to diffuse the bulb (the source of light); and to keep the neon lights ¡¡S static without fl¡¡shing. The main question with this finding seems to be one of defining a "speci¡¡l circumst¡¡nce." Cert¡¡inly, complying with ADA specifications is not unique to this site. All commerci¡¡l properties fIre subject to this law. In ¡¡ddition, there are no pre-existing special circumstances or conditions on the site that the ¡¡pplic¡¡nt is not cre¡¡ting. It could be ¡¡rgued that the the¡¡ter use is unique to the City of Meridian fInd, given the size of the structure needed to accommod¡¡te an 18-screen the¡¡ter, the size fInd sc¡¡le of the signs should also be deemed unique, Good planning includes - if not dem¡¡nds - proportionality and rel¡¡tionship between ¡¡ site, its building(s) fInd the signs. It should be cl¡¡rified here that, ¡¡ccording to Idflho Statute 67-6516, ¡¡ vari¡¡nce cannot be gr¡¡nted for ¡¡ l¡¡nd use - only to modify the bnlk and pl¡¡cement requirements of the ordin¡¡nce. But the ¡¡pplicant is not requesting a variance to the land use itself (theaters fIre permitted in the C-G zone), We fife simply looking at the type of land use as one factor in the ¡¡pplication. Gr¡¡nting the v¡¡riance would not seem to set an undesir¡¡ble precedent if the City Council considers Q!!)y the¡¡ter uses, especially since Meridi¡¡n is not likely to ever have more than three or four the¡¡ters within its city limits. It would not be unre¡¡soœble to h¡¡ve only three or four buildings with simil¡¡r signage to what is being proposed in this VAR.O4.007 M,j~tkCin'm~.W,1tSi,".vAR M¡¡yor and Council Transmittal Date: January 14, 2005 P¡¡ge4 B. c. VAR.()4-007 ¡¡pplic¡¡tion. However, if the proposed sign standards were extended to all uses fInd structures in the city, it could be considered undesirable (e.g, ¡¡llowing fIll commerci¡¡l uses to construct w¡¡ll signs up to 49 feet in height or to allow 100% of w¡¡ll signs to be re¡¡derbo¡¡rds). St¡¡ff finds th¡¡t the nature of the subject land use fInd the tradition of the¡¡ter buildings in America fInd the signs historic¡¡lly ¡¡ssoci¡¡ted with the¡¡ters is ¡¡ special circumstance th¡¡t should be considered for this property. Therefore, ¡¡lthough the site does not pose any special or unique char¡¡cteristics, the theater use on the site is unique to the community fInd is not ¡¡ccommod¡¡ted well in the existing Sign Ordinance. If ¡¡pvroved. staff recommends restricting the variance to the theater use and not allowing the v¡¡ri¡¡nce to extend to future users of the building. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; Staff finds th¡¡t requiring the applic¡¡nt to comply with MCC 11-14 would cert¡¡inly diminish the overall recre¡¡tion¡¡l experience of the user, but we do not find th¡¡t fIn extr¡¡ordinary h¡¡rdship would result. MCC ll-17-3.B requires that the proposed development pl¡¡n be harmonious with the goals of the Comprehensive Plan. As noted in the ¡¡pplic¡¡tion, the Comprehensive Plan does st¡¡te th¡¡t "aesthetics" is fIn import¡¡nt f¡¡ctor in the design fInd environment of the city. It also encourages enhancing p¡¡ssive recreational opportunities (Ch¡¡pter VI - 3 - Recre¡¡tion). Staff finds th¡¡t strict compli¡¡nce to the MCC 11-13-5.8.2 would inhibit the bro¡¡der objectives of the Comprehensive Pl¡¡n. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff fmds th¡¡t the proposed fl¡¡shing neon lights (on 6 % of the neon section of the sign, MCC ll-14-9-F.5) could be ¡¡ distr¡¡ction for westbound motorists on 1-84 fInd Overl¡¡nd Ro¡¡d and may contribute to injury, The main entry spire sign (which would include the flashing lights) is ¡¡pproximately 380 feet from the centerline of 1-84 fInd 650 feet from the north side of Overland Ro¡¡d. While there m¡¡y be future buildings that obstruct vision from Overl¡¡nd Ro¡¡d, none currently exist (or fIre approved) fInd it is very unlikely th¡¡t ¡¡ny such obstruction would ever exist between the fl¡¡shing sign fInd 1-84 on the north side. It ¡¡ppe¡¡rs from the site pl¡¡n that the sign would be cle¡¡rly visible to motorists fInd could cause ¡¡ distmction to drivers, especially at night. ""'J~t;,C;"=~.W"lS;g,VAR M¡¡yor and Council Transmitt¡¡l Date: January 14,2005 Page 5 Staff fmds th¡¡t the other proposed v¡¡ri¡¡nces will not be detriment¡¡l to the public's welf¡¡re or injurious to other properties in the ¡¡re¡¡. In f¡¡ct, constructing signs ¡¡s depicted in the ¡¡pplic¡¡tion would h¡¡ve the effect of enhancing the public's the¡¡ter-going experience. The City Council should listen to ¡¡ny public testimony offered concerning whether or not the surrounding property owners feel that the requested vari¡¡nce will negatively ¡¡ffect their properties. D. That such variance wiD not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. MCC 11-1-4 lists a number of purpose st¡¡tements for Title 11 (Zoning Ordinance). Section Il-I-4.H. st¡¡tes ¡¡ purpose is "to encourage excellence and cre¡¡tivity in the design of fIll future developments and to preserve the n¡¡tur¡¡l beauty of Meridian's setting." Staff finds th¡¡t the issuance of ¡¡ variance to the sign ordinance will have the effect of enhancing the recreational experience of Meridian citizens - not fIltering the purpose and interest of the Zoning Ordinance. The the¡¡ter use warrants special consider¡¡tion in light of the goals of the Comprehensive Plan. STAFF RECOMMENDA nON Staff recommends granting the variance request for MCC 11-14-5.1.2 (manual readerboards), MCC 11-14-9.F.2 (entry spire height) and MCC 11-l4-9.FA (exposed neon tubing). However, we recommend deni¡¡l of¡¡ variance to MCC Il-l4-9.F.5 (allowing fbshing neon for up to 6% of the neon light are¡¡). In addition, st¡¡ff recommends restricting the variance to the theater use and not ¡¡llowing the variance to extend to future users of the building. VAR-O4-007 ""'j~",Cin=~.W,ltS;g".VAR -