HomeMy WebLinkAboutMajestic Cinemas VAR-04-007
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Request for a Variance to the Sign Ordinance for Sign Height,
Readerboard Area, Direct Illumination and Flashing Lights for New Signage for Majestic
Cinemas (2400 E. Overland Road)
Case No(s). VAR-04-007
For the City Council Hearing Date of: February 1, 2005
A. Findings of Fact
l. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
ofthe external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the February 1,2005, public
hearing. The applicant, affected property owners, and gøvemment subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
c.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. VAR-O4-007 - PAGE I of4
verified that the property owner of record at the time of issuance of these findings is
LandStar NW, LLC (represented by Mr. Ray Hallett).
4. Required Findings per the Zoning Ordinance
a.
See Exhibit B for the findings required for the Variance application under Title II.
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 (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II and 12, 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
§ 11-17-9.
4. Due consideration has been given to the comment(s) received ITom the govemmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. 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 and Zoning Department, the Public Works Department and
any affected party requesting notice.
6. That this approval is subject to the Legal Description in Exhibit A.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
I. The applicant's Variance request, as evidenced by having submitted the application
dated December 16, 2004 (File No. V AR-04-007), is hereby approved and grants a
variance to the following sections of Meridian City Code:
MCC Section Existin~ Standard ADDroved Standard
11-14-5.1.2 Manual readerboards allowed for up to All manual readerboards for up to
50% of si!ffi back~round area 100% of sign background area
MCC ll-14-9.F.2 Wall signs allowed up to a max. of 30 The entry spire of the wall sign
feet allowed UD to 49 feet
MCC 11-14-9.F.4 Direct illumination signs prohibited on All wall signs to utilize exposed neon
wall signs tubes for letters
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. VAR-O4-007 -PAGE2of4
MCC 11-14-9.F.5
flashing lights and
rohibited on wall signs
2. The subject Variance approval is restricted to the theater use only and is not allowed
to extend to future users of the building.
D. Exhibits
Exhibit A: Legal Description
Exhibit B: Variance Findings
By action of the City Council at its regular meeting held on the
1~"IW6-~ ' 2005.
COUNCIL MEMBER SHAUN WARDLE
/51t
day of
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
VOTED..þ-
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
-
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) ~'þð~
Mayor T eerd
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. VAR-O4-007 - PAGE 3 of4
Attest:
and City Attorney.
By: jo h9.~
City Clerk's Office
Dated: 2~tg--O5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. VAR-O4-007 - PAGE 4 of4
EXHIBIT A
Majestic Cinemas (Boise VaUey Commons Sub)
V AR-04-007
Legal Description
-'---0--
..,.¡
LUDS'1'AA NW LLC VARIANCE 1<P1!f.,~CUIOI¡T
BXBIBIT B
,. parceJ. of . land loè"'\:e4 ill tile South...at 0118 Q,u,~r of :the Southwest One
Q\1artII.I:' of section 11, ~ 3 /{Qrtb, Rang,! ~ ~. l19iae Meridian, city of
~..idll...., -- Cø\Ul.t}', ~,lP>tIlJII>re 1i"'rtic"~:r ..,ribed "'" follows:
~"9"'t the one 'ilQartOUcog¡er cammon to: II'ICtIåOas 17 aDd 20, Townahip 3
Rartb, ~ 1 ¡¡eat, Botllle ~rJ4iIl l, th-ence ~.$": ~2' 19' West a distance of
160.6& ""'t to: a point, 'l:1Ia~ .lIorth DOG 24' 56' lIIa1l-l: a distance of 45.00 feet
to a poil>t, thanee Nortb 8&"52' 19" ~st a dilll~ IÌ>f 1227,57 fsat to a point,
tbIIIncs *rbb 00' 2$' 0'" !!\<1st a distance of 179.13 ihát to a point, said point
being tJ:Í8 POIIIT Of' BBGIIIIIIJIGI
_110<1 North OOG 28' 06" Jlast a distance ot Ut,O1 feet to a point;
i'bu>a-e 1II10n9 a mIrI!8 to th$ left a dist- oí1Gt4.Cl7 feet, aaid curve
lIa"iøll a aþtœl~l.. of 03<1 35' 03', II ~~ af 9656.30 feet and a
chocl balU;1II11 Wl>i~ ~ North e5' 10' ¡rQ' But¡ a distance of 603.97
'Bet ';0 a poilltl
T;bimoe. SOuth aO"28' 21" 1'IeIst a di.&tanca (If 1!>i.59 feet to a point;
~. SOUth 89' 31' 41' .,ut a distance of 2U,!/¡2 feet to a point
(hereinafter '~t I.1ne"} I
~. SOuth oa' 2e. 21""'t a dletanoe of,491,:n f""t to a point
l~naf1;iJM' ~1Iø\!. tà;ßII") I
~. ~.al";¡16' 00:' .1îU.t ..' cU.atance 4£'31..4;. feet to a point;
~. a1oJl.1I " C'II- to the lett a dista- oí1 t~.31$ feet, eaid curve
hev:l!l9 a ~t,;1Il.~ ot 81'28' 03',a~iI.ue of 117.00 feet and a
"'~ .bear!lI\! whicli Joear" .South 40' 51' S., _lilt. " distance of 152.70
filet to a~1
'J;'~ ßouth 66' 07' 5"l'Iest a dillltance at
fí';tIIt,here1t!lIitton: ~ to aa" .
;:<?rth es' )1' 41"-!! <I$.stance of
the ~,elf . Th!! "
.""'" 011 1ell& t. to an
12,~ f"""t toa point (said
. Comer" ) ,
J f""t to a point, said
!¡i~CjOl containing
"'i ."a~_nta and rights
EXHIBIT B
Majestic Cinemas Sign Variance
V AR-04-007
VARIANCE 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 (MCC11-18-3), all of which must be determined before
granting a variance:
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 application, the primary "special circumstance or condition" that
warrants the requested variances is the size of the building, which is largely driven by
ADA (Americans with Disabilities Act) regulations that went into effect in 1992 that
impacts recreational uses. Since that time, the applicant states new theaters have been
forced to expand both in area (to accommodate extra auditorium entry aisles) and in
height (to accommodate stadium seating required by ADA ramp limits). The main roof
line of the building is 30 feet in height and the highest point of the center parapet/entry
feature raises to 40 feet - approximately 50% higher than typical "big box" stores (see
Item #10, pg. 2 of application).
The applicant's goal with this project is to provide a "traditional movie theater
experience." In his definition, this experience includes a structure that includes a spire
entry feature, flashing neon lighting and a changeable marquee (manual readerboard). In
order to achieve this "traditional experience," the applicant believes the proposed
variances are necessary.
Strict application of the ordinance would require the applicant to:
propose permanent wall signs (without a readerboard component) that are
significantly beyond the size and scope of what is necessary just to achieve the 381
square feet of desired readerboard area;
limit the height of the wall sign/lettering on the spire at the center of the structure to
30 feet (which would not extend above the roof line);
cover the neon tubing in Plexiglass or another material to diffuse the bulb (the
source of light); and
to keep the neon lights as static without flashing.
The main question with this finding seems to be one of defining a "special
circumstance." Certainly, complying with ADA specifications is not unique to this site.
Majestic Cinemas Findings of Fact - V AR-O4-007 - Exhibit B
Page 1 of3
All commercial properties are subject to this law. In addition, there are no pre-existing
special circumstances or conditions on the site that the applicant is not creating. It could
be argued that the theater use is unique to the City of Meridian and, given the size of
the structure needed to accommodate an 18-screen theater, the size and scale of the
signs should also be deemed unique. Good planning includes - if not demands -
proportionality and relationship between a site, its building(s) and the signs.
It should be clarified here that, according to Idaho Statute 67-6516, a variance cannot
be granted for a land use - only to modify the bulk and placement requirements of the
ordinance. But the applicant is not requesting a variance to the land use itself (theaters
are permitted in the CoG zone). We are simply looking at the type of land use as one
factor in the application.
Granting the variance would not seem to set an undesirable precedent if the City
Council considers Qn\y theater uses, especially since Meridian is not likely to ever have
more than three or four theaters within its city limits. It would not be unreasonable to
have only three or four buildings with similar signage to what is being proposed in this
application. However, if the proposed sign standards were extended to all uses and
structures in the city, it could be considered undesirable (e.g. allowing all commercial
uses to construct wall signs up to 49 feet in height or to allow 100% of wall signs to be
readerboards).
The City Council finds that the nature of the subject land use and the tradition of theater
buildings in America and the signs historically associated with theaters is a special
circumstance that should be considered for this property. Therefore, although the site
does not pose any special or unique characteristics, the theater use on the site is unique
to the community and is not accommodated well in the existing Sign Ordinance.
The subject Variance approval is restricted to the theater use onlv and is not allowed to
extend to future users of the building.
B.
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;
City Council finds that requiring the applicant to comply with MCC 11-14 would
certainly diminish the overall recreational experience of the user, but we do not find
that an extraordinary hardship would result. MCC 11-17-3.B requires that the proposed
development plan be harmonious with the goals of the Comprehensive Plan. As noted
in the application, the Comprehensive Plan does state that "aesthetics" is an important
factor in the design and environment of the city. It also encourages enhancing passive
Majestic Cinemas Findings of Fact - V AR-O4-007 - Exhibit B
Page 200
recreational opportunities (Chapter VI - 3 - Recreation). Council finds that strict
compliance to the MCC H-B-5.B.2 would inhibit the broader objectives of the
Comprehensive Plan.
C.
That the granting of the specified variance will not be detrÌDlental to the public's
welfare or injurious to other property in the area in which the property is situated;
City Council finds there are existing, electronic readerboards along 1-84 which include
some flashing lights; the proposed Majestic Cinema signs are not directly oriented to 1-
84 or Overland Road; and that the proposed variances will not be detrimental to the
public's welfare or injurious to other properties in the area. In fact, constructing signs
as depicted in the application would have the effect of enhancing the public's theater-
going experience.
D.
That such variance will 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 statements for Title 11 (Zoning Ordinance).
Section 11-1-4.H. states a purpose is "to encourage excellence and creativity in the
design of all future developments and to preserve the natural beauty of Meridian's
setting." City Council finds that the issuance of a variance to the sign ordinance will have
the effect of enhancing the recreational experience of Meridian citizens - not altering the
purpose and interest of the Zoning Ordinance. The theater use warrants special
consideration in light of the goals of the Comprehensive Plan.
Majestic Cinemas Findings of Fact - V AR-O4-007 - Exhibit B
Page 3 of3