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HomeMy WebLinkAboutKing Electric Signs VAR-05-011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Request for a Variance from Meridian City Code (MCC) 11-14-9C.l (Directional and Information Signs), to allow a free-standing monument style directional sign for the CitiBank Building, by King Electric Signs. Case No: V AR-05-011 For the City Council Hearing Date of: July 26, 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 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. b. The matter was duly considered by the City Council at the July 26, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. 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). c. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 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 verified that the property owner of record at the time of issuance of these findings is KDC Idaho Investments LP. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).VAR-O5-01l-PAGE 1 of4 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 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 from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 and Zoning Department, the Public Works Department and any affected party requesting notice. 7. 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 is hereby granted a variance to MCC 11-14-9C.1 Directional and Informational Signs, which states: "Directional signs shall be no greater than four square feet in area and no more than four feet in height. If business identification is used then it shall be secondary in all aspects to the primary use of these signs for directional purposes as defined." 2. Notice of Final Action and Right to Regulatory Takings Analysis: The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).V AR-O5-011 - PAGE 2 of 4 matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 1. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Exhibit B: Legal Description Required Findings for Variance By action of the City Council at its regular meeting held on the /6 -/!J.- day of ~J I- , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ VOTED ~~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED-þ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -- de Weerd \\111111111111/ \\\' ~'III ,'\\..J ()f 1111 " '"'" 1// ~" ð t"'röf\POR..y "/ ! ~ % \ :; SiSi.....L :: William G. Berg, Jr., Cit Clerk ~ 11'. -Y"Q/'~ ,#'.0 :/ ~ <ì ~'r 131 ' ~ ,.:: /,::.. ;..¡ ~ ~ CITY OF MERIDIAN FINDINGS OF F ACT, CON~'í,I})~A $ ~~'b DECISION & ORDER CASE NO(S).V AR-O5-011 - PAGE 3 of 4 ffll!III 111'1\\\\\\ Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department Dated:-.&J ~ -DC; By: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).V AR-O5-011 - PAGE 4 of 4 EXHIBIT A CitiBank Variance V AR-OS-Ol1 ~^e~~I^Q~~,c~~p,!!!>~, ^^'" __n__.- "'--"'.0:':: -';'~¡;;.-",>"" ""g^ : -; 1.' E:~ 9~~,' 04-'lUO~ AlO;\" 1~'O3 ! 214 ;17.1 3108 KREr. s\\ I¡ß O~l '--"~---"--"-'- .-...--,--.- ADA COUNTY RECOßNR LDAVID NAVAII/IO BilliE IDAItO 841tØ4 ti1,. øePUTV BfIUIIt I»ttbllIIt RECOftÐEC-REQUEST Of '_re A I IINT 8.110 GRANT DEED ZJ< <..» ~ z. (Í ~ ~ ~111a.llnllllumlllllgIIU IIU - 194046125" S\llldmçc mv;lIlmml LImited PBI'IIIcnhip. Gruntor, for good. and valUl\1;I1.. consideration, the racOipt of which i. hereby acknowllldged, doC!; hOl'Bby grant, bargain, IlCiI imd convey 10 KDC. IdAho Investments Il'. Grantee. whoø current address Is 841 I ~øtQ2 Rd.. Suite 70(), Pallas. TX 75225. the rol1owing-deseribed ~I prop~y to wit: A pan:e1 ofland as shown onRecord of Survey No. ó437l11st. No. 104026949 as Parcel "An ~sÎtu4tad in theE1/2 oftbeNW1I4 ofSectJon21, Township 3 NcrtJI, Range I EAst, Bois" MO/idill1, City ofMeridiiUl, Ada County, Idaho and described IS fb110W8~ CoromGllcing III 11 b"-" clip lnODumont IIWking I11C NW cwna' of said NW 1/4; thence S/l9°13'54"£ adiBlMu of 1332.44Ú1«CO a SIll iDohn:batlPllridnsthoNW oomuofthe $8id E 1/2; thance S 8~ 14' lS"E adistznee of 1332.54 fœttr:>!be NE comer of said Bin of the NWJ/4; thence along the But line of said BIn of the NW 114 800011 '32"W a distance of 131446 Crd to a S/8 inch reber bcin¡ the POINT OF BBGJNNING; ThIJI ç\il oontinuÎng along said East line SOO"I1'J2'"W a dii!Qnee of 1302.47 feet 10 a S/8 !neb nbar ftom which a. Prt1S8 œp monument markÎJ1S the SE comçr of said BI/2 of the NW1I4 bears SOO"1I'32"W A distBnco of 40.00 feet; '!haIoe leaving said SUI Une 1114 parallcl with the South liDe Dfuid Bill oftbll NWI/4 NB900B'Ol"Wa. dÌ8t8llCc of 899.46 feet to a SIB inch rabaT: Thence along the an; of II 0UfVI to the rigb1 having I. rtldius 0[7).00 feet, an Ire Icnctb of 113.85 feet, a CCI1I1'a] angle I)f 89"21'17". aœ a chord baring N44°21'22"W a distBIIœ of 102.65 met to a 5/8 inch nIb4r¡ 'I'hcmuparaU,,¡ with IheWatijneotaid EI/2 oftheNW1I4 NOO"13'l6"'B adi~ce ofSI7.91 f=t to 8. Sill IDç ¡ [ebar, Theuce aloDg tho an: ofaclIIVC to tbc ri¡b.tlmVÙlg.. rødíus of273.oo feci, an 11fC11qth of 13S.64 fœt, I CIII1tra1 anslo of2B"28'OS", BIld a. chord '-ring N14"27'I9"B a distance of 134.25 filet to I 518 inch nlblll'¡ Thence alODg the arc oC a revllISll ;urve 10 the left having n1'DdiitG of 277.00 fell; an ale lcn¡th of 137.63 feet, a *tral an¡Jo 0!28"28'OS", and II c:hord bearing NI4°27'l9"E a distance of 136.22 feet to I 518 inch rebll1'; Th~ paœJlel with said West lino NOOo13'ln CldiSWIoa 0!418.77 feet to a .5/8 W:.h Jcbar; Thence N4S"12'19"E a distançe of2/1..28 f"Cllo" 518 inch rabar, Tb=nce S89°48;39"B I distance of 884.44 fIICt to the POINT OF BEGINNING. Said p&rço cootains 28,012 acru ~ort or leu end 16 subject to all mdatinS _Is and riabtS- or-wa)'5 ofnll;ord or iII1plied. Toþthcrwlrh: An iÐ~oss and utility lllUmu:ut 54.00 fi:ct ÎII width situated in the BI/2 of the NW 1I4t f Secti\JJJ 21, ToYl'Illbip 3 N~ Ranae 1 Baet, Boise Meridian, City otMcridiao, Ada Comly, Idaho and described as folløwø: GRANT DEED-1 04-12-2ØÐ5 Ø9:20 KING SIGNS 2084618883 PAGE: 2 .-1 '-O~; ~: 12"M:CQ~H 5'9" '..'""",,,,'..,. '~""""""""""""""'-~"'~~"R.___"'~w""'~'~""""F""-,.",,," ,"-,.,."" """"'!"""""-"-~"'f",~"""'-" 04/11/05 MO~ 15:03 r 214 373 3106 :"", ,5,,;: 'ê22-' "" ; " KRFG SW fl¡co~ Commencing at I brass cap rnollluneutlUlIItiu¡¡ the NE comer otlhc said E 112 oftht NW 1/4, thence along the Nonh line ofaaidE 112 o(!ltc NW 1/4 N89°14'25"W a diSta1tce of 1332.54 feet to a SIll inch rtib:u-mllrlringthe NW comer of said ¡¡¡In oftheNW1I4.lhcnce leaving safdNorth line and alolIg the WcsU¡ne ohaid BII2 SOOQI3'l6"W a diBlanoo 0(2467,50 feet to a point ftcrn which a 518 inch rcbllrlUDrldng the SW contor Druid 81/2 oftlur NWlf4 bears SOO~13' 16" West a matinee of 86.94 fest, said point bcin¡ the POoo OF BEGINNING; Ibçnce leavinG said West line and being 21 bl on each s¡do of tho followinlJ desoribcd Ii/:le.: S 89° 46' 44"E 1\ distance of 362.20 feel to a þClint marking the termÎn.1.!s oftJ¡j~ description, Said eDement conlail18 19,559 squaro feet mol'O or lOQ an<l ialUbjQCI to all =xisting lllllicmenls Ind right-of-way, ofn:oord or implilfd. SUBJECT TO tuGs IUId IIS8OSIIInCDts for the year 2004 end aIJ subSðl l1et1t yean, together with any IUId 811 =xi&ting IJUMlI:r¡Q¡, rish~f-wIIY. mervstiOM, reøtrictiOI2S and «tøIIrubœncca Qf ~ to III1y ~I touaneies. to al1 wnin¡ laws nnd ordinanGca, mtd to any state of t1Içts 111'1 IWQ1UUe 8Urvð)l or inspection of !he ~isu would show. This convO}'IID<:O ¡¡MIl inclUde any an4 all ~, teucomaDbl. bereditanumts> I'OVWBitms, tl=maiDden, easeD1onta, rishbi-of-way and wat... ri¡btll in qywisc ;¡PPertaia:in¡ to the property hcnin described. IN WITNESS WHE instnunont this,l£. clay of ~ ~" ~ ~~ GRANT DEED - 2 04-12-2005 æ:2Ø KIt-k¡; SIGNS æ84618883 PAGE; 3 REQUIRED 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: EXHIBIT B CitiBank Variance V AR-OS-Oll Required Findings 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; City Council finds that there are special circumstances affecting the property that would make the strict application of the sign ordinance impracticable or unreasonable. Staff finds that the unusually large building and lot for a single tenant does create a need for directional signage in order to minimize confusion. The existing building contains approximately 176,289 square feet of office space and occupies a lot which is 28.03 acres in size. It is unusual for a building this large to have a single tenant, which makes them ineligible for a Planned Sign Program for multiple signs of sufficient size to function as intended. City Council finds that the size of the lot, configuration of the building, and the physical conditions affecting the property is an extraordinary hardship. The sign ordinance did not anticipate single tenant buildings of this size, and has no provisions for adequate signage to promote efficient navigation of the site through multiple large signs. 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 the unusually large building and lot for a single tenant does create a need for larger directional signage in order to minimize confusion and promote efficient navigation of the site. Staff finds that the size of the lot, configuration of the building, and the physical conditions affecting the property is an extraordinary hardship. City Council does find specific circumstances and conditions that make strict compliance with MCCll-14-9c.l unreasonable. D. 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 that the requested variance will not be detrimental to the public's welfare or injurious to other properties in the area. City Council finds that the granting of the variance will be beneficial to the welfare of the public by minimizing traffic conflicts on the adjoining public roadways, which could be caused by confused visitors who are unsure of which building entrance to use. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. City Council finds that the issuance of a variance for the additional monument sign will not have the effect of altering the purpose and interest ofthe Sign Ordinance.