HomeMy WebLinkAboutKing Electric Signs VAR
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
Request for a Variance from Meridian City Code (MCC) 11-14-9Cl (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
ofthe 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-O5-011-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 (Lc. §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 ifthe 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.l Directional and
Infonnational 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---þ
VOTED 1J1;~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
---
de Weerd
Attest:
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Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
Dated:~ ~ ~D~
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-O5-01l
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KREG S'\
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ADA COUNTY REÇO~DaI J. DAVID HAVA/IRO
BOISE 1DA1IO84n9/14 8tf PM
DeMY BOIIn!e Obnlllt
RECOftIIED-HEQU!ST OF
'lœeer
AMOUNT $.00
GRANT DEED
tM( <i /-" "I"
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011101111.1111011111111111111
- 104846125,
Slmdance InvUltnml LImited Partnenhip. Gtunlor, for goo<!. 8M valuable COJISíderaticn, the
=eipt ofwhic¡b i. hereby iI¡;k>tcwlcd¡ed, dow; hllfwy grant, bargain, ~I, and convey to me-
IdAho Invcstmontl LP. Gr1IIItce, whole CWtertl address is &411 ~ston Rd., Suite 700, Dallas,
TX 75225, tho following-dCSQribod 1'011 property, 10 wit:
A pllICel ofland IS shown on Record of Survey No. 6437 Inst. No. 104026949 as Pared "A"
being situated in the EI/2 oftheNWl/4 ofSl Ctlon 21, Township 3 North, Range I East, Boise-
Meridill1, City of Meridian, Ada County, Idaho and de!lcribed IS follows'
CommfrDCÎng at a bras¡ cap moDWDont IIWkin¡¡ the NW CQßltr of said NW 1/4; thence
SSgoI3'S4"E a distance of 1332.# ÍllettO a Sl8 Utoh n:baf warkins the NW oomu ohlt.: Said E
112; thonce S 89° 14' 25"£ I diance of 133.2.54 feet to !be NE c:omlll' of said B 112 of the
NW1I4; \haIoe alongtbe Bast line ofsaidEll2 of the NW 114 SOOOI '32"W adisWlce of
1314,46 fœt to a Sf8 inch reber beìn¡ the POINT OF BEGINNING;
Thwçe ccntÎJ1uing along saic1EaSt line 500"11 '32'"W II distllnce of 1302.47 feet 10 a 51BIncb.
iebtr from which a brllSli CI1I monument markin¡ the SE conler of said BII2 ofrhe NW1I4 bcm
SOooI1.32"W a distmceof40.00 feet;
Tbra\øe leavln¡ Mid Eut Une ancL paralJc1 with Ilia SOUth liDe ahaid Ell2 altha NWI/4
N89"O8'OI"W a disW\ÇC of 899.46 feet to II 5/8 inCh rabaT:
Thecee along the lIe ora o='Ve to Ihe right WIving a radius of73.00 feet, an arc ll!llilb of 113.85
feet, a cenaaJ angle 0(89"21'1;, ADd achei'd bearing N44°27'22"W adîsænœ of 102,i)S fioetto
I 518 Inc:h reb4r¡
~ parallel with IIU! W~ line otakI BI/2 of tho NW1f4 NOO"13.ln a distanc:e of 517.91
fut to 1518 inch lObar,
Thooce along the arc of a curve to tbc right having.. rodiu¡ 0£273.oo feet, aD &to 1qtb of
135.64 feet, a cantrilanglo ofU"2S'OS", BDd a cbold '-ring NI4"27'19"B a disWlce of 134.25
foot to a SIB im:h rvbllr,
Thence along the arc of III'GYCI/SI curve to the loft!mvi.ng... l'Ddi1l& of Tl7.00 rem. en am length of
137.63 feet. a 001111'11. 0(28"28'OS". and II çhonf bearing NI4°27'I9"E.a di&tance of 136.22
foet to s 5/8 inCh mar¡
ThIlllCð panllel with said W œt line 11100"13' I ó"S IL distaDoc of 418. 71 feet to II 518 inr.h lObar,
Thence N4s012'19"'B II distIInce ot28.28 ellClI to.. 518 inch Il!Ibll"¡
Tbenae 889°48'39"£ a distante of 884.44 feat to the POINT OF BEG1NNINO.
Said paz=! conWns 28.012 acrea more or 1- SlId is subject to all OXÍSIÎng ODfcmcn!8 and rights-
or.w.~ ofnCQrd or bup1ied.
Toeøtharwith:
An ingreaHgress and u1iJity III8lment 54.00 feet in width sit\lMed in thu fin oCtile NW 1/4 of
5ecti(lll21, ToWllBhip 3 North, RInse I &at, BoIse Meridíao, City otMeridi8ll, Ada Coucty,
Idaho IIId de&cribed as follows:
GRANT DUD - 1
04-12~20Ø5 Ø9;2Ø KING SIGNS 2084618883
PAC..E; 2
""~-~_."'- .
4.-"""J,,; ';l¿>W;C<;'~n ';;'9"
",' , .. ."" """'..M_,..,~_.", - q-~~.. """'-'.'W' """"""-'---"'~"""""'.' '.."T'" --,.V.."'-q,, ' " ""'--"'""-,-",,-,,"'..~......%.,,...,,--..
04/11/05 liON 15; 03 r
; , ,... "d.'- ?:'; ,~, ,:
,;
2H 373 3106
IrnBG S\\
fúo!)~
Commcnçing at a brass Clip monum~nt mllrltin¡¡ tho NB oomer otlhe s:¡jd E 1/2 of tile NW 1/4,
thence IIlol1gtho North line ofsaidE 112 of the NW 1/4 N89°14'25"w ¡¡ distaI\ce 0(1332.$4 feet
to II Sl8 inch fl!lbarmaoon.e tho NW eomaofaald 21/2 oftheNWI/4.lIIcn<:1I leaYÎlIg said North
linð and lIIong III" Wcslline of said EII2 SOOoI3.IG"W a distanoe Clf2467.50 feet to ~pClintfi-cm
which a Sf8 inl;b n=barmarlcinS tho SW Cotllor of said 81/2 of tho NWI/4 bl:3rJ 800°13'16"
West a difitance of 186.94 Met, Baid point being the POINT OF BEGINNING;
Tbene" leavitlll iBid Wm line rmd being 27 foot on each side of tho followin¡ desorib1:d Ii::¡e:
S 89ð 46' 44"E 8 distance of 362.20 f_1 to a point marking the tcnnin¡¡S ofthis description,
Said eumnerit contaiI18 19,559 sQuaro flOOt more or less and is s\lbjClOt 10 all exî,ting CWlCJnar¡ts
and right-of-ways ofrcoord or implied.
SUBJBCT TO taxa 8tId 1118eS8ID=tIi tOf the yoar 2004 ana all
subsoquœt )fImzs, togetb~ with any ~ .n e;dstmg l!II$CJ1=utG,
ri,ehhl--of-way, l'eSelVaDOlIS, restritfioas IDd ~bnnt:C8 of
mcotd, to any e¡cisôn, tCllancia, to all ~ laws and
ordmancc:a. III1d to ItJY state of Í1ICls an accuzate survey or
inlpeCtion of the pnm¡iaeø would show.
This conv~anco iJh81l include any and all appUl'tcn8nct,¡¡, tcnCinODb, bereditamcmta,
rewnions. fllttlainden, elMmOnta, Jithlo-of-wsy and w;ù... ri¡bt. in anywise ilppcrtainin¡ to the
JIro)!«ty hhin deseribed.
IN WlTNBSs
Íl1sàument thia,L£. day of
ø
~~
~~
GRANT DEED - 2
Ø4-1ê'-æœ Ø9:æ KIt-k> SIGIS 2Ø34618883
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 (MCCII-18-3), all of which must be determined
before granting a variance:
EXHIBIT B
CitiBank Variance
V AR-O5-011
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 fmds 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 of the Sign
Ordinance.