HomeMy WebLinkAboutOakbrook Plaza CUP-00-034
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
IDAHO ELECTRIC SIGNS, FOR A )
CONDITIONAL USE PERMIT MODIFICATION)
TO INCLUDE LARGER SIGN CRITERIA AND )
ADDITION OF A 25 FOOT PYLON SIGN FOR )
OAKBROOK PLAZA ZONED C-G ZONE )
LOCATED AT 2100-2180 E. FAIRVIEW )
AVENUE, MERIDIAN, IDAHO )
)
)
07 -10-00
CASE NO. CUP-00-034
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERl\t1IT
This matter coming before the City Council on the lWh day of July, 2000,
under the provisions of Meridian City Code S 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for
modification to include larger sign criteria and addition of a 25 foot pylon sign for
Oakbrook Plaza, the proposed application request of a conditional use permit for the
construction, development, maintenance and use for modification to include larger
sign criteria and addition of a 25 foot pylon sign for Oakbrook Plaza, as described in
the SITE DEVELOPMENT PLAN, DRAWN: BRS, DATE: 1 FEB 00, JOB NO.
98146, SHEET SC-l, NEW FACILITY FOR NORCO, BRS ARCHITECTS, and in
the SIGN PLAN, SKETCH #7711, DATE: 7/8/99 REVISED 4/4/00, DESIGN BY:
STEVE, SALES REP: DAN, FILE: steve'sc:~obs\norc02.plt, LOCATION: Meridian,
BY: Idaho Electric Signs, NORCO, Developer, for the development of the
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE I OF 2
BY IDAHO ELECTRIC SIGNS / CUP-OO-034
aforementioned development for a development consisting of modification to include
larger sign criteria and addition of a 25 foot pylon sign for Oakbrook Plaza and which
property is described in the attached Exhibit "A" and incorporated herein as if set
forth in full hereat.
2. That the above named applicant is granted a conditional use permit for
modification to include larger sign criteria and addition of a 25 foot pylon sign for
Oakbrook Plaza, located at 2100~2180 E. Fairview Avenue, Meridian, Idaho, subject
to the conditions of use, if any, and development.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code s 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
",Tu~ ' 2000.
/8-1!:::-
_ day of
orrie, Mayor City of Meridian
By: ~'tt-~p;Je'1-/f
City Clerk (/
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 2
BY IDAHO ELECTRlC SIGNS / CUP-OO.034
( ,
A PAflCEl OF \...AND _.l THE SOUTHEAST QUARrt:R OF THE~. HWEST QUARTER OF
SECTION 5 f TOWNSHIP :1 NORTH t RANGE 1 EAST J BOISE MER IO IAN , MJA COUNTY I
IDAHO BEING UORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SECTION CORNER COMYON TO SECTIONS 5, 6, 7 AND a OF SAID
TOWNSHIP AND RANGE) 'MUCH IS MARKED BY A BRASS CAP MONUMENT J THENCE
SOUTH 89 DEaREES 59' 184 EAST A DISTANCE 1336.31 FEET ALONG THf SECTION
LINE COMMON TO SAID SECTIONS 5 AND S, TO A POINT BEING 10.00 FEET EAST OF
THE SOUTIiWEST CORNER OF THE SOOrHEAST OOAATER OF THE SOUTHWEST QUARTER OF
SAID SECTION 5, THENCe
NORTH 00 DEGREE 26' 58' EAST A DISTANCE OF 68.21 FE:T AND PARALLEL WITH THE
WEST LINE OF SAID SOUTHEAST QUARit:R OF' THE SOUTHWEST QUARTER OF SA1D
SECTION Sf THENCE '.
SOUTH as OEGREES 321 56' EAST A DISTANCE Of 230.00 FEET AND PARAllEL WITH
THE CENTERLINE 'OF FAIRVIEW AVENUE TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING 57.00 FEET OISTANT FROY (WHEH MEASURED AT RIGHT ANGLES TO} THE
CENTER LINE' OF FAIRVIEW AVENUE l THENCE
NORTH 00 DEGREE 26' sa- EAST A OISTANCE OF 619.56 FEET AND PARALLEL WITH
THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARr-cR OF SAID
SECTION 5 TO A POINTI THENCE
SOUTH 59 DEGREES 53' 42" EAST A DISTANCE OF' 5a~.S8 FEET TO A FDUHD 5(8 INCH
IRON PIN, THeNCE
SOUTH 00 DEGREE 23' 38" WEST A DISTANCE OF 331.27 FEET TO A POINT BErNG
57.00 FEET DISTANT FROM (WHEN MEASURED AT R1GHT ANGLES TO) THE CENTER LINE
OF FAIAVIEW AVENUE l THENCE _
NORTH 89 DEGREES 32' 56" WEST A 0 1ST AliCe: 0 F 506. 68 FEET AJlO P AAALLEL WITH
THE CEnTER LINE. OF FAIRVIE'~ AVENUE, TO THE POINT OF BEGINNING.
E<CSPT
THAT PORTION CONVEYED TO ADA COUNTY HI~1~Y DISTRICT BY DE:D RECORDED
UNDER INSTHUUENT NO. 94068952
kh ,'bl"f 11f} I(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT MODIFICATION
TO INCLUDE LARGER SIGN
CRITERIA AND ADDITION OF
A 25 FOOT PYLON SIGN FOR
OAKBROOK PLAZA ZONED C-
G ZONE LOCATED AT 2100-
2180 E. FAIRVIEW AVENUE,
MERIDIAN, IDAHO
IDAHO ELECTRIC SIGNS1
APPLICANT,
07-10-00
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Case No. CUP-00-034
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT MODIFICATION
The above entitled conditional use permit application having come before
the City Council on July 5,2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian1 Idaho, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing and testifying was Dan Conlin of Idaho Electric
Signs, and the City Council having duly considered the evidence and the record in this
matter and the Recommendations to City Council issued by the Planning and Zoning
Commission who conducted a public hearing and the Council having heard and taken oral
and written testimony, and having duly considered the matter, the City Council hereby
makes the follovving Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS I CUP-00-034
- 1
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for July 5, 2000,
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days prior
to said hearing and with the notice of public hearing having been posted upon the
property under' consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
July 5, 2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of Meridian,
having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code s67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
3. This proposed development request is in a General Retail and Service
Commercial (C-G) zone, by reason of the provisions of the Meridian City Code S 11-17 -4,
a public hearing was required before the City Council on this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS I CUP-00-034
- 2
4. The property is located at 2100-2180 E. Fairview Avenue, Meridian, Idaho.
5. The owner of record of the subject property is Jim Kissler of Boise.
6. Applicant is Dan Conlin, Idaho Electric Signs.
7. The subject property is currently zoned CoG. The zoning district of C-G is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit modification to
include larger sign criteria and addition of a 25-foot pylon sign for Oalcbrook Plaza. The
COG zoning designation within the City of Meridian Zoning and Development Ordinance
requires a conditional use permit be obtained for most uses including those requested by
the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. 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 and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS I CUP-OO-034
- 3
facilities and services required by the proposed development will not impose expense upon
the public if the conditions, if any, of development are imposed and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial" .
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS I CUP-00-034
- 4
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.c. S67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment of
a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-
6504 which the City Council of the City of Meridian has established by the passage of the
"City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I,
Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use pennits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS I CUP-00-034
- 5
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to detennine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code S 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance;
c. Will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, actiVIties, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use pennit in a General Retail and Service
Commercial (C-G), a public hearing shall be conducted with notice to be published and
provided to 'property owners or purchasers of record within three hundred feet (300') of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS I CUP-00-034
- 6
the external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian
Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Pennit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have one
public hearing which shall be held before the Planning and Zoning Commission;
and after the recommendation of the Commission is made, the application shall
go before the City Council without a public hearing and the Council may approve,
deny, or modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Meridian City Code S 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained properly;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS I CUP-00-034
- 7
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
1. That the above named applicant is granted a conditional use permit for
modification to include larger sign criteria and addition of a 25-foot pylon sign for
Oakbrook Plaza, subject to conditions of use, if any, and development.
2. The conditions shall be reviewable by the Council pursuant to Meridian City
Code S 11-17~9.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS / CUP-OO-034
- 8
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.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 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 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.
By action of the City Council at its regular meeting held on the
of V~ ,2000.
ROLL CALL:
! fijIL day
COUNCILMAN RON ANDERSON
VOTED--$-4.-
COUNCILPERSON KEITH BIRD
VOTED*-"-
VOTED~~
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7-IC--(){)
VOTED ---
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS / CUP-OO-034
- 9
MOTION:
APPROVEB:"'~-.
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY IDAHO ELECTRIC SIGNS / CUP-OO-034
-10