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HomeMy WebLinkAboutMeridian Elementary School Sign Variance VAR-07-014CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER { Y 4 { rte 1 ~~~~ sin' n ;~~/ ~~~'~ ~. ~j"Ic~l .~ t? ~ `' v '~.,,, In the Matter of a Variance Request from UDC 11-3D-7a, to exceed the four (4) square foot area maximum for a public service information sign to allow a nineteen (19) square foot LED reader board sign for Meridian Elementary School by Meridian Elementary School. Case No(s). VAR-07-014 For the City Council Hearing Date of: August 14, 2007 (Findings on the August 28, 2007 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of August 14, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 14, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 14, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 14, 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 (LC. §67-6503). 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 § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-014 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 Conditions of Approval in the attached Staff Report for the hearing date of August 14, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance, as evidenced by having submitted the Proposed Public Information Sign in the attached Staff Report for the hearing date of August 14, 2007, is hereby conditionally approved; • The sign for Meridian Elementary School shall be no greater than nine (9) feet wide and two (2) feet two (2) inches in height, a total of nineteen (19) square feet, to be located above the main entrance of the school; The message on the reader board shall not be changed more than once a day so that it will not be an animated sign. D. Attached: Staff Report for the hearing date of August 14, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-014 By action of the City Council at its regular meeting held on the ~ ~ day of ~~, 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: VOTED VOTED_ (i~~Gv VOTED__G~~~ VOTED_ ci~~`- VOTED MAYOR T Y de WEERD ~. '~U ~ _ ~~~~ WILLIAM G. BERG, JR., CI Y C ERK~~ ~~' ~:~• ,~~, Copy served upon: v Applicant 4 ~_ Planning Department ~/~' Public Works Department City Attorney By; ~ Dated: 8-30-fl~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-OI4 STAFF REPORT Hearing Date: August 14, 2007 TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 SUBJECT: Meridian Elementary School • VAR-07-014 ~,` '~'~, ~ ire ~~ yrll T~LL~ !~' C~~eri~i~n ~'~~ II~~AH(? ,1j ~ ~p1~~i Request for a variance to UDC 11-3D-7a, to exceed the four (4) square foot area maximum for a public service information sign to allow a nineteen (19) square foot LED reader board sign above the entrance of Meridian Elementary School at 1035 NW First Street. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Unified Development Code (UDC) 11-3D-7a, which allows public information signs to be no greater than four (4) square feet in area and no more than four (4) feet in height. The applicant is requesting that the public service identification sign for Meridian Elementary School be nine (9) feet wide and two (2) feet two (2) inches in height, a total of nineteen (19) square feet, to be located above the main entrance. The applicant's justification for the variance is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (VAR-07-014) for the reasons listed herein. Staff finds that the VAR application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this report, for more details.) ~_ Summary of City Council Public Hearin: i. In favor: Laura Lantz ii. In oooosition: None iii. Commenting: None iv. Written testimonv: None v. Staff oresentinc application: Anna Canning vi. Other staff commenting on application: None ~, ley icc~ec of Discussion by Council: i. None ~ j~gy ('n,~nril ChanuP~ to Staff Recommendation i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval I move to approve File Number VAR-07-014 as presented during the hearing on August 14, 2007. Continuance I move to continue File Number VAR-07-014 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) Denial Meridian Elementary School Sign Variance VAR-07-O14 Exhibit A Page 1 I move to deny File Number VAR-07-014 as presented in the staff report for the hearing date of August 14, 2007, for the following reasons: (you should state specific reasons for denial.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1035 NW First Street Northeast '/o of Section 12, Township 3 North, Range 1 West b. Owner: Meridian Joint School District 1303 E. Central Drive Meridian, ID 83642 c. Applicant: Meridian Elementary School 1035 NW First Street Meridian, ID 83642 d. Representative: Byron Yankey, Principal, Meridian Elementary School; Laura Lantz, PTO President e. Present Zoning: O-T (Old Town) £ Present Comprehensive Plan Designation: O-T (Old Town) g. Description of Applicant's Request: The applicant is requesting a variance to UDC 11-3D-7a, to exceed the four (4) square foot area maximum for a public service information sign to allow a nineteen (19) square foot LED reader board that would be a public service information sign. Applicant's Statement/Justification: "We're on of the oldest schools in Meridian and we are a Title 1 School located just blocks from the current city hall. Our student population is diverse, with more than 68% of our population being listed below the poverty line. Despite hardships and low incomes, our student population earned over $7,200 for a LED reader board for our school." "Communication with our parents/guardians is a crucial and an important tool for the success of this public school and its students. The proposed site for the sign is a central location for our parents to see as they drop off and pick up their student. This is a proactive and technologically sound investment for our school. An added bonus for our students and the community at large, this sign would be part of our public address system in an emergency. It will be run on back-up generators." (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 of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA- 1), apublic hearing is required before the City Council on this matter. b. Newspaper notifications published on: July 23`d, 2007 and August 6`h, 2007 c. Radius notices mailed to properties within 300 feet on: July 20"', 2007 d. Applicant posted notice on site by: July 30`x', 2007 5. LAND USE Meridian Elementary School Sign Variance VAR-07-014 Exhibit A Page 2 a. Existing Land Use(s): Property is currently an elementary school with school district administrative offices. b. Description of Character of Surrounding Area: Single family residences, residential neighborhoods transitioning to commercial, light office and Old Town. c. Adjacent Land Use and Zoning: 1. North: Frost Addition subdivision, zoned R-4 2. West: Niday's Addition subdivision, zoned R-4 3. South: W. Pine Avenue and Niday's Addition subdivision, zoned R-4 4. East: N. Meridian Road, Niday's Addition subdivision zoned R-4 and FA Nourses 2nd Addition subdivision zoned O-T History of Previous Actions: This property was rezoned (RZ-06-014) from R-4 to O-T in 2007. 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-7a: Directional or public service information signs. Directional signs shall be no greater than four (4) square feet in area and no more than four feet (4') 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. 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: The applicant is requesting a Variance from UDC 11-3D-7a, which requires that public information signs be no greater than four (4) square feet in area and no more than four feet (4') in height. A permit is not required for a permanent sign with directional or public service information. The applicant is proposing a LED reader board that would be a public service identification sign for Meridian Elementary School that would be nine (9) feet wide and two (2) feet two (2) inches in height, a total of nineteen (19) square feet, to be located above the main entrance. The applicant agrees with Staff's recommendation to not change the message on the reader board more than once a day so that it will not be an animated sign. After review of the proposed sign, the applicable sections of the UDC, and a visit to the site, Staff determines the following: - The entrance to Meridian Elementary School is off of W. Pine Avenue and NW First Street. NW First Street dead ends into the school parking lot and the front door of the school. The school is less visible to pedestrians and motorists than typical elementary schools, and the school building is buffered by the playground area and ancillary school office buildings. This sign is solely oriented to parents dropping off children and children arriving in buses. There are no residential homes in close proximity to the front entrance that would be affected by the LED reader board. If the message on the reader board is not Meridian Elementary School Sign Variance VAR-07-014 Exhibit A Page 3 changed more than once a day, staff believes it can be constituted as a public service information sign and not an animated sign (UDC 11-1 A-1). The applicant's justification for the LED reader board sign to be located above the entrance of the school to provide parents and students with public school information is reasonable. - The UDC allows public service information signs to be up to four (4) feet in height. The proposed sign is two (2) feet two (2) inches high and nine (9) feet wide. The proposed variance to exceed the overall square footage of four (4) feet allowed to nineteen (19) feet is not excessive. In comparison, a wall sign in the O-T zone may be up to 18% of the wall elevation with a maximum square footage of seventy-five (75) feet (Table 11-3D-10). 9. RECOMMENDATION Staff is recommending approval of the subject Variance application (VAR-07-014), per the Findings listed in Exhibit B of this report. Staff believes that Findings can be made for approval of the requested variance in this case with the following provisions: The sign for Meridian Elementary School will be no greater than nine (9) feet wide and two (2) feet two (2) inches in height, a total of nineteen (19) square feet, to be located above the main entrance of the school; The message on the reader board shall not be changed more than once a day so that it will not be an animated sign. 10. EXHIBITS A. Drawings 1. Site Plan 2. Proposed Public Information Sign B. Required Findings from UDC (Variance) Meridian Elementary School Sign Variance VAR-07-014 Exhibit A Page 4 Exhibit A: Drawings Site Plan Meridian Elementary School Sign Variance VAR-07-014 Exhibit A Page 5 2. Proposed Subdivision Identification Sign ~_ _ ____ Sign_WIDTH Is 9 Feet ___ __ _ -- - -- _ ~- ___ - •••-•••-•-•••-•-•---••READERBQARD HERE ~; h n' ~t ;READER BOARD HERE----••-•-••-••••••---• Meridian Elementary School Sign Variance VAR-07-014 Exhibit A Page 6 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 I I-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council finds that granting a variance in the location of the proposed public service information sign, would not grant a right or special privilege to the Applicant. Public information signs are allowed without a permit. The proposed sign does not exceed the height limit allowed for public information signs and is small in comparison to the standards for wall signs allowed in the O-T zone. If the message on the reader board is not changed more than once a day, Staff and the Council believe that it can be constituted as a public service information sign and not an animated sign (UDC 11-1 A-1). B. The variance relieves an undue hardship because of characteristics of the site; This property is located on NW First Street. The street is off W. Pine Avenue and dead-ends into the school. The school is less visible to pedestrians and motorists than typical elementary schools, and the school building is buffered by the playground area and ancillary school office buildings. This sign is solely oriented to parents dropping off children and children arriving in buses. City Council finds that this does constitute a hardship because of characteristics of the site. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that granting the subject variance would not be detrimental to the public health, safety, or welfare. Meridian Elementary School Sign Variance VAR-07-014 Exhibit B Page 1