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HomeMy WebLinkAboutMajestic Cinemas VAR 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). V AR-04-007 For the City Council Hearing Date of: February 1, 2005 A. Findings of Fact 1. 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') of the external boundaries ofthe 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 I, 2005, public hearing. The applicant, affected property owners, and gevemment 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 ofthe 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. V AR-O4-007 - PAGE I of 4 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 I. 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 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 /Tom the governmental 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: 1. The applicant's Variance request, as evidenced by having submitted the application dated Decernber 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 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 signs A roved Standard All manual readerboards for up to 100% of si back round area The entry spire of the wall sign allowed u to 49 feet All wall signs to utilize exposed neon tubes for letters MCC 11-14-9.F.2 MCC ll-14-9.FA CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-O4-007 -PAGE2of4 MCC ll-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 I~fr~$r ,2005. COUNCIL MEMBER SHAUN WARDLE /5'1t day of VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBER KEITH BIRD VOTED~ - MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~'þ..á'~ Mayor T eerd . CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-O4-007 - PAGE 3 of4 and City Attomey. By: j(} I\g~~ City Clerk's Office Dated: 2- t8~O5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-O4-007 -PAGE4of4 EXHIBIT A Majestic Cinemas (Boise Valley Commons Sub) V AR-04-007 Legal Description .._...~.. '-¥ j ~M,lftf .x.LC. VARIANCE ~~~ION IIXBIBIT B ' ¡>. ~ qf land loðatecl i.. thre Sout.l1ea.t One Quaort:.fIor, of the Southwe.t One I)¡art:er Qf SllcUon 11, ~3Rqrth, Ran.II. TJIåitt.. Il9he Meridian, City of ""'J¡~, ~ CollAty" I-~.¥!i- part:icu~"",ribGd as follows: ~;I."II .t t.I1e on.. ~ ~ common ta Sect:d.OIlS 11 and 20, Township 3 ~, IIetIge 1 East, ilQi~.. IIeX':ltU.aj>, th.nce _S$1I' 52' 19" West a distance of lo.o.tÞf...t. to a point, t.I1e~ I19r!:J:1 000 24' 56" -'t.<I diatanc.. af4S. 00 feet to <I PoUt, Uuuu:e Noir1;b 9'052' U" w.st a di.~. ~ 1221.57 feet to a point, ~- '110$ 00. 28' 00' ~~:t;, 1\ CU.8ta""" af 17J.:ìJ ".t ta a point, .aid point þaj,ng the PØnI':t' OP BJiGII1IIIKGI ~ North 00. 29' 00' llaat a dj,atanc.. Of 8311.01 fut to a point; ~ alOl\9 <I - ta ~ left " diet~n.... at 61Ì4.01 f....t, said curv.. ."109" cent<'$1,aI1;r:ìa of 03<1 35' 03',~ ~~ of 9656.30 feet and "- chord lIeU;"IJ Wlliltl:\.. ~s North 95' u' Oil' Bast <I elistance of 603.91 feet to S pøillt: ~ SOuth 011"29' 21." 1I/e$t S <:!i,.tance Clf lU"S. feet ta a point; ~ South U. 31.' 41' 11l1li" .. diatanc.. at 2i!8..,œ feet to .. point C hereinafter "IIIOrtlleQt Lirls'); ~ 8outll 00. 28' 21""'" a elistance ..f,4'1,lt feet to a.point !~Q&itE>t; 'iIa$t ~')¡ ~.. .~.. 1 r'~6' 00'_" .. <ttliltanc.. Ql0314.íI. f...t to ~ point; ~ alOl\9 aou- to tile left a distancte II? l*.36 feet, said curve bav:lJ¡;¡¡ II- ~~ _.ta of 81' 29' 03', a ",..u.... Clf 117.00 feet and a l'hord b!iu:1.I>;¡¡lOI ,ich bears SOUth 40' 51 ¡ $t" hat a eli.tance of 152.70 f"t to .. pQÍ \tJ 'rl!lt!¥>. SOUth 00'01' 51'West a di~tance of.7,;¡..<t6.feet to a paint (.aid iG;I,Dt. berei'lef\!lr. Met'red to II.", !:!orner" ) ~~!lÞrth 99' J1' 41" -"'ted1atance of J teet.to a paint, sllid ~.~, 1$<It ~ 4~' ~ ,~ :, -' '" i\!Ucel containing ~)i¡!I9'~ 1!Io". t11:.' ),.. . è1d'~j""t to IIÜ ~... -I!""~t. and right. of,....,. 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 00 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 Qnly 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 only 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 1I-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 2 of3 recreational opportunities (Chapter VI - 3 - Recreation). Council finds that strict compliance to the MCC 11-13-5.B.2 would inhibit the broader objectives of the Comprehensive Plan. c. 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; 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 II (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 00