HomeMy WebLinkAboutStrada Bellissima Business Park Sign Variance VAR-07-009
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of the Request for a Variance to UDC 11-3D-I0, Table 3, to Allow One of the
Subdivision Identification Signs for Strada Bellissima Business Park to be Located Away
from the Subdivision Entrance on W. Victory Road, by Strada Commercial, LLC.
Case No(s). V AR-07-009
For the City Council Hearing Date of: June 5, 2007 (Findings on the June 19, 2007 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 5,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 5, 2007, incorporated by reference)
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. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 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 9
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiSION & ORDER
CASE NO(S). V AR-07-009
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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the findings listed in the attached Staff Report for the
hearing date of June 5, 2007, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 11-5A 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 to relocate the subdivision identification sign for
Strada Bellissima Business Park away from the subdivision entrance on Victory Road
to the northwest comer of S. Meridian Road and Victory Road as proposed, is hereby
approved subject to the Applicant submitting a Planned Sign Program in accordance
with the items discussed at the public hearing.
D. Attached: Staff Report for the hearing date of June 5, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-07-009
By action ofthe City Council at its regular meeting held on the I r~ day of
d~t. ,2007.
COUNCIL MEMBER DAVID ZAREMBA
VOTED ~
VOTED~
VOTED~
VOTED~~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
MA YO~\l' I I de WEERD
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WILLIAM G. BERG, JR., Cm CLEip("'", ,.ff) jj
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Copy served upon: ,. Apphcant 1111I1!111\\1\\
v Planning Department
~ Aublic Works Department
~ City Attorney
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Dated: J.a.:iJ.D ... () 1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR.07.009
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007
SUBJECT:
Strada Bellissima Business Park
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STAFF REPORT
TO:
FROM:
Hearing Date: June 5, 2007
Mayor and City Council
Sonya Watters, Associate City Planner
208-884-5533
· V AR-07-009
Request for a variance to UDC 11-3D-IO, Table 3, to allow one of the
subdivision identification signs for Strada Bellissima Business Park to be
located away from the subdivision entrance on W. Victory Road.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Unified Development Code (UDC) 11-3D-1O, Table 3,
which requires subdivision identification signs to be located at the entrance of the subdivision. The
applicant is requesting that the subdivision identification sign for Strada Bellissima Business Park be
located approximately 400 feet east of the subdivision entrance on W. Victory Road. The applicant
proposes to place the sign on the northwest comer of State Highway (SH) 69 and Victory Road. The
applicant's justification for the variance is outlined below.
2. SUMMARY RECOMMENDATION
Staffis recommending denial of the subject Variance application (V AR-07-009) for the reasons
listed herein.
At the DubHc hearinQ' thev aDD roved the V AR reouest subiect to the ADDlicant submittinQ' a
Planned SiQ'n Prol!ram in accordance with tbe items discussed at tbe Dublic hearing.
a. Summarv of City Council Public HearinQ':
i. In favor: Michael Crawford. Pinnacle Engineers (AnDlicant's Renresentative)
ii. In onnosition: None
ill. CommentinQ': None
iv. Written testimonv: None
v. Staff Dresentinl! aDDlication: Anna Canninp
vi. Other staff commentinp on annlication: None
b. Kev Issues of Discussion bv Council:
i. No center siQ'ns should be allowed for this develoDment if the variance reouest is
aDo roved. (The ADDlicant is not oronosinl! center siQ'ns within this develoDment
because of the intended Drofessional office uses.)
ii. The curvature of Victor v Road makes the sipn less visible at the subdivision
entrance on Victorv Road.
III. Council does not want to set a "recedent bv allowing this Variance reouest.
~ Kev Conncil Chanl!es to Staff Recommendation
i. Council aDDroved the subiect variance reouest subiect to the AODlicant
submittinl! a Planned SiQ'n ProQ'ram in accordance with the items discussed at
the Dublic hearing
Strada Bellissima Business Park Sign Variance V AR-07-009
PAGE I
CITY OF MERIDIAN PLANNING AND ZONING DEP ARlMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007
3. PROPOSED MOTION (to be considered after the public hearing)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number V AR -07-
009 as presented in the staff report for the hearing date of June 5, 2007, for the following reasons:
(you should state specific reasons for denial.)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number V AR-07-
009 as presented during the hearing on June 5, 2007.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number V AR-
07-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Northwest comer of State Highway 69 and Victory Road
Southeast ~ of Section 24, Township 3 North, Range 1 West
b. Owner:
Strada Commercial, LLC
9605 Pebblebrook
Garden City, ill 83714
c. Applicant:
Same as Owner
d. Representative: Michael Crawford, Pinnacle Engineers, Inc.
e. Present Zoning: L-O (Limited Office)
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting a variance from UDC 11-3D-l 0,
Table 3, to allow the subdivision identification sign for Strada Bellissima Business Park to be
located away from the subdivision entrance as the UDC requires.
h. Applicant's Statement/Justification: "The main departure from the signage as delineated in the
ordinance is the fact that we intent to move the allowed subdivision identification sign away from
the entrance on Victory Road which will be obscured from view due to curvature of the road and
the location of future building, to a location closer to Kuna-Meridian Road. The entrance was
moved farther away from Meridian Road for public safety, but due to road curvature and building
design that location doesn't function well for a sign location." (See Applicant's narrative for more
detaiL)
4. PROCESS FACTS
a. The subject application will in fact constitute a variance as determined by City Ordinance. By
reason of the provisions ofthe Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-
1), a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: May 14th, 2007 and May 28th, 2007
Strada Bellissima Business Park Sign Variance V AR-07-009
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007
c. Radius notices mailed to properties within 300 feet on: May 11 th, 2007
d. Applicant posted notice on site by: May 22nd, 2007
5. LAND USE
a. Existing Land Use(s): Property is cWTently being developed as a commercial business park with
surrounding single family residences.
b. Description of Character of Surrounding Area: Commercial Business Park and residential
neighborhood in the process of development.
c. Adjacent Land Use and Zoning:
1. North: Strada Bellissima Business Park, zoned L-Q
2. West: Strada Bellissima Subdivision, zoned R-4
3. South: Rural residential, zoned RUT (Ada County)
4. East: Mussell Comer Subdivision (Double D Feed Store & fuel station), zoned C.G
d. History of Previous Actions: This property is part of Strada Bellissima Subdivision, which was
previously annexed (AZ.04.028), platted (PP-04-038, FP-05-022), and a conditional use permit
(CUP-04~047) approved for a single-family residentiaVcommercial development in 2004.
6. AGENCY COMMENTS MEETING
No agency comment meeting was held specifically for this Variance application. All affected
agencies were informed about this request and given the opportunity to submit comments to the
Planning Department to be included in this report. No site specific comments or requirements were
provided for the Variance application by other agencies or departments.
7. UNIFIED DEVELOPMENT CODE
The following UDC sections are pertinent to this application:
11-3D-8I:
2. Where a center sign is on the same street frontage as the subdivision identification sign, the
background area of the existing center sign shall be subtracted from the allowable
background area for the subdivision identification sign.
3. Subdivision identification signs shall only identify the subdivision or development name.
Such signs shall not identify any businesses, tenant, or developer names.
11-3D-IO. Table 3
Max.
building
height of
district
See Sections 11-3D-8I and 11-3D-9D2b for allowable background area where a subdivision identification sign and center
sign are on the same street frontage
8. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Strada Bellissima Business Park Sign Variance V AR-07-009
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007
The applicant is requesting a Variance from UDC 11-3D~10, Table 3, which requires subdivision
identification signs to be located at the subdivision entrance (1 per entrance). The applicant is
proposing to locate the subdivision identification sign away from the subdivision entrance on W.
Victory Road, approximately 400 feet to the east on the comer of SH 69 and Victory Road. The
Applicant's justification is that if the sign is located at the subdivision entrance to Victory Road,
it will be obscured from view from SH 69 due to curvature of the road and the location of a future
building.
After review of the site plan, the applicable sections of the UDC, and a visit to the site, Staff
determines the following:
);> The applicant's justification for the relocation of the subdivision identification sign that
the location of a future building will block the view of the sign from SH 69 is self-
imposed. The building could be shifted back to allow a more clear view of the sign from
the intersection ofSH 69 and Victory if the sign is deemed to not have enough visibility.
);> The site plan shows one subdivision identification sign proposed at the northern entrance
to the business park, visible from SH 69; one subdivision identification sign at the
northwest comer of SH 69 and W. Victory Road; and one multi-tenant monument sign
proposed at the southern subdivision entrance on Victory Road. Staff believes that one
subdivision identification sign visible from SH 69 should be sufficient to provide visibility
and direction to the business parkfrom SH 69 and that two is not necessary. Further, a
subdivision identification sign should be provided at the southern entrance for visibility
from Victory and direction into the business park at this location. Staff suggests the
mu/ti.tenant monument sign, rather than the subdivision identification sign, be placed
along SH 69 for advertisement of the businesses within the subdivision.
);> The UDC specifically allows one subdivision identification sign "per entrance." The
proposed location of the subdivision identification sign is not at an entrance to the
subdivision; the proposed sign is approximately 400 feet from the entrance into the
subdivision.
To grant a variance the Findings listed in Exhibit B ofthis report must be made; Staff does not
believe that Findings can be made for approval of the requested variance in this case. Staff
believes that although the requested variance would not be detrimental to the public health,
safety, and welfare, granting a variance for the reason requested by the applicant would not
relieve an undue hardship and would grant a special right or privilege that is not otherwise
allowed in the L-O district.
b. Summary Recommendation: Staffis recommending denial ofthe subject Variance
application (V AR-07 -009), per the Findings listed in Exhibit B of this report. The Meridian
Citv Council heard this item on .June 5.2007. At the DubHc hearing thev aDDroved the V AR
reouest suhiect to the ADDHcant submitting a Planned Sign Program in accordance with the
items discussed at the DubHc hearing.
9. EXHmITS
A. Drawings
1. Site Plan
2. Proposed Subdivision Identification SigncB. Required Findings from UDC (Variance)
Strada BeIlissima Business Park Sign Variance V AR-07-009
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5,2007
Exhibit A: Drawings
1. Site Plan
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007
Exhibit B: Required Findings from UDC (Variance)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in
Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the
Council shall make thefollowingfindings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district:
The City Council finds that granting a variance in the location of the proposed subdivision
identification sign, away from the subdivision entrance, would not grant a right or special
privilege to the Applicant that is not otherwise allowed in the L-O district.
B. The variance relieves an undue hardship because of characteristics of the site;
This commercial development is located on the comer of two very busy arterial streets, SH 69 &
Victory Road, with one entrance near SH 69 and one entrance to/from Victory Road. The City
Council finds that granting a variance to allow the subdivision identification sign to be located on
SH 69, away from the southern subdivision entrance on Victory Road for visibility purposes, does
constitute a hardship because of characteristics of the site.
C. The variance shall not be detrimental to the public health, safety, and welfare.
The City Council finds that granting the subject variance would not be detrimental to the public
health, safety, or welfare.
Strada Bellissima Business Park Sign Variance V AR-07-009
Exhibit B Page 1